Newspaper Page Text
The Yakima Herald.
TSk limn *f A HAAMI lAIM*tiM«A. spectators aUU refused to believe In tbs guilt of such s good looking joung fallow.) Bs would call a witness who could prove that Whyte was drunk on tbs night of tbs murder, and wont along Ruaaell street, in ths direction of Collins street;,tbs cabman Rojston could swear to ths fact that tbs prisoner had bailed tbs cab, and after going away for a short time returned and entered ths cab with the deceased He would also prove that the. prisoner left ths cab at the grammar school in ths St. Kilda road, and on tbs arrival of ths cab at tbs junction bs discovered tbs deossssd had been mur dered. The cabman Rankin would prove that he drove ths prisoner from the St Hilda road to Powletl street in East Melbourne, where be got out end he would cell ths prisoner’s landlady to prove that the prisoner resided in Powlstt street, end that on ths night of tbs mnrder he bad not reached home till shortly after 3 o’clock. He would also call ths detective who had charge of the csss, to prove ths find ing of s glove belonging to the dtessasd in tbs pocket of tbs coat which the prisoner wore on ths night of tbs murder; end ths doctor who had examined the body of the deceased would give evidence that the death was caused by inhalation of chloroform. As be ltd now fully shown tbs chain of evi dence which be proposed to prove, bs would call the first witness, Malcolm Roystoo. Royston, on being sworn, gave the same evidence as be had given at ths inquest, from the time that the cab was bailed np to bis ar rival at the Bt Kilda police station with the dead body of Whyte In the cross ex amination, Cal ton asked him if be was pre pared to swear that the man who hailed the cab, and the man who got In with the deceased, were one and ths same person. Witness—l am. Calton—Von are quite certain? Witness Yes; quite certain. Calton—Do you then recognise (he prisoner as the man who bailed the cab? Witness (hesitatingly)—l cannot swear to that. The gentleman who hailed the cab had his hat pulled down over bis eyes, so that I could not ree his faro: hut the height and gen eral appearance of the prisoner are the same. Calton—Then it Is only because the man who got into the cab was dressed like the prisoner on that night that you thought they were both the same? Witness- It never struck me for a minute that they were not the same; besides, he spoke os If be bad been there before. I said—“Ob, you’ve come liack,” and be said—“ Yes; I'm going to take him homo,” and got into my cub. Colton—Did you notice any difference in hie voice! Witness No; except that th- first time I saw him be ennke in a loud voire and the second time he mine back, very low. Caltoa—You were sober, 1 suppose! Witness (Indignantly)— Yes; quite sober. Colton—Ah! You did not have a drink, ray at tbs Oriental hotel, which, I believe, is near the rank where your cab stands! Witness (hesitating)— Well. I might have had a glass. Colton—Bo you might; you might have had several. Witness (sulkily)— Well, there’s no law against a cove feeling thirsty. Caltoa—Certainly not; and I suppose yon took advantage of the absence of such a law. Witness (defiantly)— Yea, t did. Caltoa—And you were elevated! Witness—Yea, on my cab. [Langhtor] Colton (severely)— Yon are here to give evidence, sir, not to iraks Jokes, however clever they may be. Were yon or wore you not slightly the worse for drink! Witness I might have been. Gallon—Bo you were in each a condition that you did not obseiwe very closely the man who bailed you! Witness—No, I didn't; there was no rea son why I should; I didn't know a murder was going to be committed. Gallon—And it never struck you it might be a different man! Witness-No, I thought it was the same man the whole time. This closed Royston's evidence, and Gallon oat down very dissatisfied at not being able to elicit anything more definite from him. One thing appeared clear, that some one must have dressed himself to resemble Brian, and spoke In a low voice because be was afraid of betraying himself. dement Rankin, the next witness, deposed to having picked np the prisoner on the Bt Kilda rood, between 1 and 3 on Friday mom imr. and driven him to Powlctt street, East Melbourne. In the cross-examination Gallon elicited one point In the prisoner’s favor. Gallon—ls tbs prisoner the same gentleman yon drove to Powlett street! Witness (confidently)—Oh, yes. Colton—How do you know! Did yon see his facet Witness No, his hat was pulled down over his eyes, and I canid only see the ends of his mustache and bis chin, bat be carried him self the same as the prisoner, and his mus tache is the earns light color. Caltoa—When yon drove up to him on the St. Hilda rood, where was he and what was he doing! Witness He was nsar the grammar school, walking qnlckly in the direction of Mel bourne, and was smoking a cigarette. CaHon—Had he gloves on! Witness Yea. one on tbs left band, tbs other was bare. Caltoa—Did be wear any rings on the right bond! Witness Yes, a large diamond one on tbs Caltoo—Are yon sore! Witness Yes, because I thought il a curi ous place for a gentleman to wear a ring, and when be was paying me my fare I saw the diamond glitter on his finger la the moonlight Caltoo—That will do. The counsel for the defense wee pleased with this bit of evidence, as Fitagerald de tested rings and never wore any; so he made a note of the matter on his brief. Mrs. Hableton, tbs landlady of the de ceased, was then nailed, deposed that Oliver Whyte had lived with her for nearly two months. He seemed a quiet enough young man, but often oame home drank. The only friend she knew he had wee a Mr. Moreland, who waaoften with him. Oath# 14th ot Jnly, the prisoner called tome Mr. Whyte, and they had a quarrel She heard Whyte say, "She ie mine, and you can’t do anything with her," and the prisoner an swered, "I can kill yon, and if yen marry her I will do on in the open street” She had no Men at tbs time of the name of the lady they were talking about There was a great sensation In the court at these words, and half the people present looked upon snob evidence es being seflteisnl in Itself to prove the guilt of the prisoner. In prom srsminatinn Colton was unable to shake the evidence of the witness, as she ralmud the am. Mttmnl. onr and over again. The next witness wee Mrs. Sampson, who crnekled into the witness box, dismlved in tears, and gave her answers in n piercingly* shrill tone of anguish. Bbo stated that tbs prisoner was in the habit of coming homo early, bat on the night of the murder tod cams In shortly before fi o’clock. Crown Prosecutor (referring to his hrisft- Yon mean after 3. Witn— •ATtn* uado a mistake one* by . laying Are minutn after t to tbo police- man as called himself a insurance agent, which *e pat the words into my mouth, I tint a-goin’ to do so again, it bein’ five min utes afore 8, as I can swear to. Crown Proeecutor—You are sure your clock was right f Witness It 'adnt teen, but my navvy bein’ a watchmaker called unbeknown to ms and made it right on Thursday night, which it was Friday mornin’ when Mr. Fitzgerald came 'omo. Mra Sampson bravely stuck to this state ment, and ultimately left the witness box in triumph, the rest of ter evidence being com paratively unimportant as compared with this point of time. The witness Rankin, who drove the prisoner to Rowlett street las •worn to by him), was recalled and gave evi dence that it was* o’clock when the pris oner got down from bis cab In Powlett street Crown Proeecutor—How do you know that? Witness— Because 1 beard tho post office clock strike. Crown Prosecutor—Could you hear it at Bast Melbourne? Witness—lt was a very still night and I heard the chimes and then the hour strike quite plainly. This conflicting evidence as to time was a strong point in Brian’s favor, if, as the landlady stated, on the authority of the kitchen clock, which bad been put right on the day previous to the mnrder. Fitzgerald hod come Into the house at fire minutes to 8, bs could not possibly be the man who ted alighted from Rankin's cab at 8 o'clock at Powlett street. The next witness was Dr. Chinstor., who swore to the death of the deceased by means of chloroform administered in a large quan tity, and be was followed by Mr. Uorby, who deposed as to the finding of the glove belong ing to the deceased in the pocket of the pris oner’s coat Roger Moreland, an intimate friend of the deceased, was next called. He stated that be had known the deceased in London, and had met him in Melbourne. He was with him- a groat deal On the night of the murder he was in the Oriental hotel in Bourke street. Whyte came in, and was greatly excited. He was In evening drees, and wore a light coat They had several drinks together, and then went up to a hotel in Russell street, and had some more drinks there. Both witness and deceased wore Intoxicated. Whyte took off his light coat, saying he felt warm, and went out shortly afterwards, leaving witness asleep in the bar. He was awoke by the liar man, who wanted him to leave the hotel. He saw that Whyte had left bis coat behind him, and took it up with the Intention of giving it to him. As be stood in the street some one snatched the coat from him, and made off with it He tried to follow the thief, but he could not do so, being too intoxicated. He then went home and to bed, as he had to leave early for the country in the morning. In croMS-exami nation; Calt-Hi—When you went Into the street, after leaving the hotel, did you sea the de ceased? Witness—No, I did not; but I was very drunk, and unless deceased had spoken to me, would Qot have noticed him. Calton—What was the deceased excited about when you met him? Witness— I don't know He did not say. Calton—What were you talking about? Witness—Ail sorts of things; London prin cipally. Calton—Did the deceased mention anything about papers? Witness (surprised)— No. be did not. Calton—Are you sure? Witness—Quite sure. Colton—What time did yon get home? Witness—l don’t know. I was too drunk to remember. This closed the case for the crown, and as it was now late, tho court was adjourned till the next day. The court waa anon emptied of the busy, chattering crowd, and Calton, on looking over his notes, found that the result of the first day’s trial was two points in favor of Fitxgerald. First, the discrep ancy of time in the evidence of Rankin and the landlady, Mra. Sampson. Second, the evidence of the cabman, Royston, as to the wearing of a ring on the forefinger of the right hand by the man who murdered Whyte, whereas the prisoner never wore rings. Them were slender proofs of innocence to pat against the overwhelming mass of evi dence in favor of the prisoner's guilt The opinions of all were pretty well divided, some being in favor and others against, when suddenly an event happened which surprised every one. All over Melbourne extras were posted and the news passed from Up to lip like wildfire: “Return of the missing wit ness Sal Rawlins!” CHAPTER XVIII. HAL RAWLIXB TILLS ALL ROT KVOWU. And, indeed, such was the case. Sal Raw tins had made her appearance at the eleventh hour, to the heartfelt thankfulness of Calton, who saw in her an angel from heaven, sent to save the life of an innocent man. Lawyer Calton and KiWp went to the humble abode of Mrs. Rawlins, familiarly known as Mother Guttersnipe. When they entered the squalid, dingy passage that led to Mother Guttersnipe's abode, they saw a faint light streaming down the stair. As they climbed up the shaky stair, they could bear the rancorors voice of the old hag pouring forth alternate blessings and cones on her prodigal offspring, and the low tones of a girl’s voice in reply. On entering the room Calton saw that the sick woman who had been lying in the corner on the occasion of his last visit was gone. Mother Guttersnipe was seated in front of the deal table, with a broken cup and her favorite bottle of spirits before her. She was evidently going to have a night of it, in order to celebrate Sal's re turn, end had commenced early, so ee to lose no time. Sal herself was seated on a broken chair, and loaned wearily against the well She stood np as Calton and the detective en tered, and they saw toe was a tall, slender woman of about to, not bad looking, but with a pallid and b'-ggard face She was dressed in a kind of tawdry bine dress, much soiled and tern, and had an old tartan shawl over her shoulders, which she drew tightly across her breast as the strangers entered. Her grandmother, who looked more weird and grotesquely horrible than ever, saluted Calton and the detective on their entrance with a shrill y*U and a volley of choice l *l£ > Uip%id DO Wtonttito to ter, but toned to (he girl “This is (he gentleman who waste to apeak to you,” be said gently, making ike girl alt on the chair again, for indeed toe looked too ill to stand. "Jwto tall Mai what you tali to*." “ ’Boot the ’Queen,’ tof aeid Sal, in a low, hoarse voice, fixing bar wild ayes on Oalton. “If I’d only known ti yen was a-wantin' me I'd tore earns afore.* “Whsre ware your asked Gallon, in a pity- South Wales,” answered the tori, with a skiver. “The cove as I went wtto If Sydney left me-yee, Ml me to die liken dog In the gutter.” “Slant ‘imr croaked the eld woman la a sympathetic maimer, at ton teak a drink from the broken cap. "I looked up wMk a Chiasms*,- went on her granddaughter, wearily, *W lived wttk SUPPLEMENT. 1m ter a Wh-JFs orful, ain’t itr she said, wtth a dreary laugh, as she saw ths dUgunt on ths lawyer* teen “But Chinsrmsn ain't bad. they treat a pore girl a dashed sight better nor s whits cove does They don't beat the Ufa oat sf 'em with their fists, nor drag Urn about the floor by ths ’air.” ‘Cobs bmf oroaksd Mother Guttersnipe, irowsUy. “ITJ 'ear their salts out” **l think i most have gone mad. 1 must,' •aid Hal, poshing ter tangled hair off ter forehead “for after 1 toft tbs Chlner cove, 1 went on wain in and walkin’ right into the bush, a tryln to cool my bad, for it fait on fire like I went into a river an’ got wet, an* then 1 look my 'ataod boots orf an’lay down on the gram, an then tbs rein corned on, an* I walked to a ouse as wee near, where they looked me in. Oh. rich kind people," she sobbed, stretching out ter hands, ‘'that didn’t hedger me ’bout my soul, but gave me good food to eat i gave ’em a wrong name. I was so frald of that Army a-findin’ ma Then I got lU. an' know’d nothin’ for weeks. They said I was off my chump An* then I came back ere.to see gran'." “Cuss ye," said the old woman, but in such a tender tone that It Bounded like a blessing; then, rather ashamed of the momentary erao tion, she hastily wound up “Go to ’ell" “And did the people who took you In never tell you anything about the murderf" asked Cal ton. Bal shook her bead. “No. it ware a long way In the country, and they never know’d anythin', they didn't” Colton q%oationa Sal Rowlina, “Ah I that explains It." mattered Caltoa to himself. “Corns now." he said cheerfully, •toll ms all that happened pn the night yon brought Mr Ritigerald to see the •Queen.’” “Who’s >r asked Sal. puxxled. “Mr Pitxgsrald, the gentleman yon brought the letter for to the Melbourne club." “Oh. Iraf said Sal. a sudden tight break lug ovei her wan face. “1 ne ’er Icnow'd bis name afora" Gallon nodded complacently “I knew you didn’t," he mid: “that’s why you didn’t ask for him at tbs club." “She never told me ’is name,” said Sal. jerking her bead in the direction of the bed. “Then who did she ask you to bring to barf asked Gallon, eagerly. “No one," replied the girl ’This was the way of it: On that night she was orfll 111 an' I eat beside 'or while gran’ was asleep." “I wee drunk, blast ye," broke in gran , fiercely; “none of yer d lies, 1 was bias ing drunk, glory ralklnjah.” “An' na she to dm, the see,” went on the girl. Indifferent to her grandmother’s inter rnptioa, “ ’Get me some paper an’ a pencil, an’ I*ll write a note to Im, I wiU.’ So 1 goee an' (lie Mr what she areka for out o’ gran's “Stole ft, blast y*” shrieked the old hag. shaking her (Ist “Hold your tongue,” said Osip in a per enptory lona Mother Guttersnipe buret into a volley of oaths, and having ran rapidly through all she knew, subsided into a sulky silence. “She wrote on It," went on Sal, “and then areked me to take it to the Melbourne olub an' give It to Im. See 1, ‘Who’s Im f See she. it’s on the letter, don’t you arsk no questions an* you won’t ’ear no lieo, bat give U to 1m at the club, an' wait for 1m at the comer of Bourfce street and Russell street* Hu out I goes, and gives it to a cove at tbs dub. an' then 'e oomee along, an’ ess M, Take me to Mr,' and 1 looked Im.” “And what like was the gentlemanf “Oh. worry good lookin'."said SaL “Worry (all. with yellvr Mir an' mustache He 'ad pony clothes on. an’ a masher coat, as* a soft Mt" “That's Pitsgerald right enough,” mot (ered Colton “And what did he do when be earner “He goes right up to Mr, an* she see, ’Are you ef an M sea, i am.' Then see she, ‘Do you know what I'm a goto* to tell yonf an' M says. No Then she sea. it’s about Mr;’ an’ ess M. looking very; white. ' *Uw dare you 'are 'er name on yonr vile lipef an' she gits np an’ screeches. Turn that gal out, an' I’D tell yoe.'an' M takes me by the arm an' ese 'a, * ’Kre, git oat,' an* I gits out, an* that’s all 1 knows." “And bow long was he with berf" asked Colton, who had been listening attentively. “'Boat art a hour." answered SaL “1 lakes 1m hack to Hassell street about twenty ■ve minutes to *. ’cause I looked at the clock on tiw poetofflee. an' M gives ms a sot., an' than M goes stearin' Op the street like any thing " “Take him about twenty minutes to whlk to Bast Melbourne,” said Colton to himself. “So be must Just have got in at the time Mrs Sampson sold. He was In with the •Queen the whole time. I suppose!” be asked, looking keenly at HaL “1 was at that door.” said Sal, pointing to ft. “an' M ouuidnt Mve got out unless 1' seen Im." Oh. it’s all right,” sold Colton, nodding ho Milsip “there won’t be any difficulty in proving an alibi But 1 say," be added, tam ing to Sal. “what were they talking about!” “1 dunnu.” answered SaL “I was at the door, an' they talks that quiet 1 couldn't Mar Mat I bet’ bt rings out, *My O—. it’s toe borribter an I Mar a larfln' like to bust, an’ then M oomee to me, and sea, quite wild like, Take aw oat of this MU T an’l Cooked Im.” “And when you came back! “She was dead.” “Dead!" “As a biassed door nail,” mid SaL ■inrfajly “An I never known 1 was in tbs room with a Warned corpse." wailed Mother Out tsrsnipa. wafting up “Caw Mr. she was allays nAola contrary things" “How do you know!" said Colton, sharply, mbs rose to go. “I known Mr longer nor yon, com ya," sruafted tbs old woman, fixing one evil eys an the lawyer, “aa'l know what you’d like to know, tot ye shan't, yo shan’t” Caltoo tamed from her with a shrug of his shoulders “Yon win owns to the court to-morrow with Hr KiWp,” he said to SaL “end toll what yon hove just now told ms* ' “It’s all tma. sMlp me,” mid SaL eagerly.: “ M was ore all the time” Celt** Stopped towards the door, followed by the detective, when Mother Oattsrsoip. “ H’here’s the money for flnib Mrf .h- I •cnwctwd, pointing one ektany finger at He; “H tU.aeusiderlng tbs girl found toreeli. | Calton dryly, “the money blatte bank, «nd will remain ttera* -'An' Pm to be done oat of ray ’ard earned tm, •’•lp meP yelled the old fury. “Ones ye. i'» ’ave the lawr of ye, and get you pot in iuod." ' You’ll go ttere yourself If yon don* take care," said KiMp, in bis eoft, purring tones “Yotor shneked Mother Guttersnipe, snap Ping ter bony fingers at him. “What do I care shoot your d d quod? Ain’t 1 been in Pentrig’. so’ it sin* *ort me, It ain’t? I'm os lively as a gal. biarst ya, and case ya" And the old fury, to prove the truth of ter words, danced a kind of war dance In front of Mr Calton. snapping her fingers and yell mg out curses, as an accompaniment to ter r*llei Her luxurious whit® hair got loon. m>l streamed out during her gyration*, and what with her grotesque looks and (be faint light of the ••.mile, she looked a grewsome •l<*M*tacle. Gallon, remembering (be tain he had beard of the women of Farts at the Res i ■tution, and the way they danced *1 m Car maguole,** thought that Mother Guttersnipe would hare been In her element in that an of blood and turbulence Ha however, merely shrugged bis shoulders and walked mil of the room, aa with a final curse, dellr ered la a hoarse voice. Mother Guttersnipe sank exhausted on the floor, and yelled for CHAPTER Xfi THX VgRUICT Of TUB JURY It Is need lew to ny that the court nest morning wn crowded, and numbers were unable to gam admission The news that Bal Rawlins, who alone could prove the inoo oeuce of the prisoner, bad barn found, and would appear In court that morning, had •preed like wildfire, and the acquittal of the prisoner was confidently expected by a large number of sympathising friends, who teemed to bare sprung up on all rtdee. like mush rooms. In a single night When the prisoner was brought In a mar mar of sympathy ran through the crowded court, so ill anil worn out be looked, but Cal ton was puxxled to account for the expression of his face, so different from that of a man whoes life bad been saved, or, rather, was going to be saved, for in truth It was a fore gone conclusion. Too know who stole those papers, 1 ' bv thought, as be looked at Fttsgerald keenly, and the man who did so la the murderer of Whyte." The Judge haring entered andthe court being opened. Gallon arose to make his «|wech, and stated In a few words (he line of defense be intended to taka He would first oall Albert Dendy, a watch maker, to prove that on Thursday night, at h o'clock Ip the evening, be called at the prts oner's lodgings while the landlady was out. and while there bad put the kitchen clock right and had regulated the same He woulu also call Felix Holleeton. a friend of the prts oner’s, to pro vs that the prisoner was not In the habit of wearing rings, and frequently expressed bis detestation of each a custom Sebastian Brown, a waiter at the Melbourne club, would tie called to prove that on Thurs day night a letter was delivered to the pris oner at the club by one Sarah Kawllna, an<i that the prisoner left the club shortly bsforv I o'clock on Friday morning. He would also call Sarah Rawlins to prove that she had delivered a note to Sebastian Brown for the prisoner, at the Melbourne dub. at a quarter to »on Thursday night, and that at a few minutes past I o’clock on Friday morning she had conducted (be prisoner to a slum off . I,lt tie llnnrke street, and that he was there between I and 8 on Friday morning, tbt j hour ar which the murder was alleged *. have tnken place This being his defense to ! the charge brought against the prisoner, be would call Albert Dendy Albert Dendy. duly sworn, stated: I am a watchmaker, and carry on boslnew in Fitsroy I remember Thursday, tbs 98th I of July last On the evening of that day I called at Pbwlett street Bast Melbourne, to see my aunt who is the landlady of the prisoner She was out at the time 1 called, j and I waited in the kitchen till ber return. I looked at the kitchen clock to am If it was too late to wait and than at my watch I found that the dock was ten minutes fast upon which 1 put It right and regulated tt properly Gallon—At what time did you put It right! W Itnsae About • o'clock. Gallon—Between that time and f la the morning, was It possible for the clock to gain ten minutes! Witness—No, It was act possible Gallon—Would It gain a* all! Witness—Not between 8 and t o'clock-the tune was not tong enough. Gallon—Did you see your aunt that might) Witness-Yes, 1 waited till she came la. Gallon-And did you tell ber you ted pot the clock right! W Itnem Wo, I did not; I forgot all about It Caltoa—Then the »m still under the lm preastoo Uwt It wm tea mlnutM (utl Witness— Ye*. 1 Hppawio After Dandy had bean eroaa examined Palis Rnllaatoo wm mi lad, and dapoaad m follows lam ao Intimate friend of the prtaoair 1 bare known him for lira or aia years, and I nararuw him wearing • ring during that time He hM frequently told me be did not mrr for rings, and would aerar waar them. In tToaa examination. Crown I'rosemitor— You bare aerar Man the prisoner wearing a diamond ringf Witoaaa— So. oarer. Crown Pnwerutor— Bars yon araraaan any aoeb ring In hta possession! Witman - No. I baraaaan him buying rings for Indira, but I oarer saw him with any ring each m a gentleman would waar Crown Proawutor—Not a ran a aaal ring! Witness No. not aren a aaal ring. Sarah Kawiina «u then placed In the wit oem bos, and. after being sworn. deposed; I know the prisoner I delivered e left* addressed to him at the Melbourne club, et a quarter to U o’clock on Thursday. Wth July. I did not know what kla name waa Be mat me shortly after I. as the corner of Rueeill and Bourke streeto, where I bad beea told to watt for him. I took hhn to my grand mother's place. In a lane off Little Bourke street There wee a dying woman there, who had sent for hint He weat la and mw her (or about twenty minutes, and thsa 1 look him back to the corner of Bourke and Russell street*. I heard the threwqnartors strike shortly after I left him. Crown Prosecutor—You are quite eertaia that the prisoner wae the man yon met on that night? Witness—Quite cartin’, s'elp me O-, Crown Prosecutor—And he met yon a lew minutes past I o'clock? Witness—Tea, bout Ben mlnatee; I hard the cluck aotiikte’l jaet afore he eaam down the street, and whaa 1 leaves im agia. It were about twenty Bva tot, cause It took me ton minutes to git oma. and I hard the deck go three-quarters Juntas I getotothadoor. Crown Prosecutor—How do you know It wne exactly twenty five to t whan yon loft him? Witness—’Cams I sawr tbs cloche IMA 1m at ths comer of Russell street, aad eona down Bourke street, ao I could ass the post orfloo clock s p plain as day. aa’ whaa I goto Into Bwauton *t nwt. I looks at too town MU Crown Pnw'.-vtor-Aad yoa aovsr lost Mght of the |m .e.iwr ths whole Urns? WIIBMS No i •••re was only oao deer by the room, mu’ I waa aeittin' outside it, an* •hen be comes out be falls over me. Crown Prosecutor- Were you asleep? Witotes Not a blessed wink. Calton then directed Sebastian Brown to be called, who deposed; I know the prisoner He is a member of the Melbourne slab, et which 1 am a waiter I remember Thursday. 3fitb July On that night the last witness came with e letter to the prisoner It was about a quarter to 13. She Just gave It to me, and went sway 1 delivered it to Mr Fitzgerald. He left the -mb at about ten minutes to 1. This closed the evidence for the defense, 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 Be eras a fine speaker, and made e splendid defense Not s single point escaped him, and that brilliant piece of oratory is still remembered and spoken of admiringly In the purlieus of Temple court and Chancer? lane He began by giving a vivid description of the circumstances of the murder-of the ■fleeting of the murderer and bla victim In Collins street Bast—the cab driving down to Ht Hilda the getting out of the cab of the murderer after committing the crime—and the way tn which be bod secured himself against pursuit Haring thus enchained the attention of the Jury by the graphic manner la Which be deeerthed the crime, to pointed out that the evidence brought forward by the prosecution was purely circumstantial, and that they bad utterly failed to identify the man who entered the cab with the pri» oner In the dock. The supposition that the prisoner end the man In the light coat laing one and the same person rested solely upon the evidence of the cabman. Royston, who. though not intoxicated, waa. judging from his own statements, not in a fit state to dis • tinguiab between llio man who hailed the oab and tiie man who got in The crime was committed by mean* of chloroform, there fora, If the priaoner «m guilty, be muit have purchased the chloroform in tome shop or obtained It from aome friend* At all event*, the prosecution bad not brought forward a aingle piece of evidence to ahow how and where the ' hloroform waa obtained. With regard to the glore itHonging to tlie mur dered man found in the prisoner's pocket, he picked it up off the ground at the time when he find met Whyte, when the decwuwd waa lying drunk near the Scotch church. Or Uunly there waa no evidence to ahow that the prisoner had picked it op bef< ra the d* ceased entered the cnb but, on he other hand, there waa no evidence to ahow that It had been picked up in the cab. It waa far more likely tbnt the glove, and especially a white glove would lw picked up under the light of the lamp near the Hootch church. m here It waa easily noticeable, than in the darknea* of a cob. where there wna very little room, and where It would be quite dark, ns the blinds were drawn down. The cabman. Roman. awore positively that the man who got out of hia cab on the Ht Kilda raid wore a diamond ring on the forflngar of his light hand, and the cabman, Rankin, swore to the aome thing about the man who got out at Powlsttstreet. Against this could he placed the evidence of one of the prisoner's must intimate friends—one who had seen him almost dally for the last five years, and ha had sworn positively that the prisoner never 1 was In tbs habit of wearing rings The cab man, Rankin, had also sworn that the maa who entered his cab on the 8t Kilda road alighted at Rowlett street. Rest Melbourne, at 9 o'clock on Friday morning, as he heard that hour strike from the puetuAice clock, 1 whereas the evidence of the prisoner's laud 1 lady showed plainly that he entered the house five minutes previously, and her evi dence was further supported by that of the | watchmaker, Deudy Mira Ham (eon saw the band at her kitchen clock point to flve mie akes to t, and, thinking it waa ten minutes alow, told (be detective the prisoner did not enter the house till flve minutes past 9, which would Jnet give tbs mao who alighted from the oab, presuming him to have been the prisoner, audlcient time to walk up to his lodgings Tbs evidence of the watchmaker, Dandy, however, showed clearly that be bad put the clock right at the hour of 8 on Thursday night, that It waa Imposslhl# for it to gain too minutes before 8 on Fri day morning, and. therefore, the time, flve mlmitas to 9, seen by the landlady, was the ourract one, and the priaoner was in the house flve minutes before the other man allghtad •rom the oab in Powlett street These points In themselves were sufficient to show (hat the priaoner was Innocent but the evidence of the woman Rawlins must prove conclusively to the Jury that the prisoner was not the man who committed the crime The witness Brown had proved that the wo nan Rawlins had delivered a letter to him, which be gave to the prisoner, and that the prisoner left the club, personally, to keep the appointment spoken of In the letter, which letter, or rather the remains of It. had bean put In evidence The woman Rawlins •wore that the prisoner met her at the corner of Raowil and Bourke streets, and bad gone with hertoookof the back slams, there to see the writer of the letter Hhe also proved that at (ha ttma of the committal of the crime the priaoner waa shill In the hack slum, by the bed of (he dying woman, and, there being only one door to the room, could not possibly have left without the witness seeing him. The woman Rawlins further proved that she left the prisoner at (be comer of Russell and Boorke strssts at twenty flve minutes to 3 O'clock, which was flve minutes before Roy •too drove his cab up to the Bt Kilda police •tattoo, with the dead body Inside. Finally, the woman Rawlins proved bar words by stating that she saw both the posluffica and town hall clocks, and supposing t a prisoner •tartsd from the comer of Bourke and Has sell streets, as aba says ha did, ha would reach last Melbourne In twenty minutes, which made it flve minutes to 9 on Friday moru tag, the time at which, aaoordlng to the land lady* statement, he entered the bouse All the evidence given by the different wttoeseM agreed completely, and formed a chain which showed the whole of the prisoner's move ments at tba ttma of the committal of the murder. Therefore, it waa absolutely Impos sible that the murder oould have been com ' Blitted by tba man in the dock. The strong set place of evidence brought forward by the the prosecution waa that of (ha witness Ua bleton, who swore that tba priaoner used threats against tba Ilfe of the deceased. But the language waa merely the outcome of a passionate Irish nature, end was not sufficient to prove (be crime to have been committed by the prisoner The defense which the prisoner ate up was that of on alibi, and the evidence of the witnesses for the defines proved conclusively that the prisoner could not, end did not, commit (he mnrtter Finally, Chiton wound up his slab onto and exhaustive speech, whiato lasted for •ear two hour*, by a brilliant peroration, •ailing upon tba Jury to base their verdict npon tba pteia facte of the cam. and If they did so they could hardly fail in bringing in a verdict of "not guilty.” Whan Chiton sat down a subdued murmur •f dpptoum was board, which was Instantly suppressed, aad the Judge iwgau to sum up, which he did stfoogly in favor of Fitzgerald Ths jury thsa retired, and immediately there weaa daad eileooe to the o-uwdod court—an aoaaunal silence, such as must have fallen oe ths blood loving Roman populace when •hoy saw ths Christian martyr* kneeling ou ■ l *h. yrilow mdA« of the arena, and | -itched thf long, lithe forms of hon end • i* i creeping stealthily toward their ■> t'be hour Icing lain, the gas had teen • • l and there wiw a sickly glare through •• ‘vide hall, which added to the singularity f the wvim Fitzgerald had been taken out ■i court on the miring of the Jury, but tbs - sH-tatore stored steadily at the empty dock, which wemed to enchain Item by some indcscrilMhle fascination. They cos versed among tlienmelves only In whispers, until -ven the whispering censed, and nothing j •■'Mild be beard bat the steady ticking of the clock, and now and then the quick drawn breath of some timid onlooker. Suddenly a woman, whose nerves were overstrung, shrieked, and the cry rang weirdly through the crowded hell She was taken out, and again there was silanes, every eye being new (lied on the door through which Ike jury would reissue with their verdict of Ills or death. The bauds of tbs Hock moved slowly round— e quarter—a half—three quarter*— and then the hour sounded with a silvery ring which startled every one. Madge, sit ting with her hands tightly clasped together, : began to fear that her highly strung nsrvrn would give way “My God," she muttered j softly to herself, “will this suspense never end?" Just then the door opened, end the jury re-entered. The prisoner was again placed In the dock, end the judge again resumed his •eat. this time with the blech cap la hie pocket, as every one guessed, i The usual tormsiltisa etui when the foreman of the jury stood up j every neck was craned forward, and every ear was on the sleet to catch the words that fell from his lips The prisoner Busted a little, and then grow pale as death, giving e ! quick, nervous glance at the quiet figure is black, of which he could Just catch • glimpse. Then came in the verdict, sharp and decitive, •Not guilty." On bearing this • cheer went np from every i one In the court, so strung was the sympathy > with Brian. lu vain the crier of the court yelled, ’Order!" until he waa red in Che foes. In i vain the judge threatened to commit all pree ent fur contempt of const—hie voice being tn nudllilc. It did uot malt-r much—the enthn imam could not be rv*lr*ined. end it was five minutes befrtra order was obtained. The Judge, taring recovered his composure, de livered bn judgment end discharged the prisoner to s •-cordance with the verdict Cel 'tm had won many oases, bat it ia question able if he had ever heard a verdict which gave him so much satisfaction as that which pnx!.umed Fitzgerald innocent •I know that Ooi would mm pea.* Aud Brian, stepping down from tba dock a free man. parned through a crowd of ooa a tula ting friends to a email room off tba •urt, whore a woman waa waiting for Man a woman who clung round bia neck, and «>lthad oat: •My darling! My darling! 1 knew that Ood would Bare you." CHAPTER XX tn a roc 9 anm rre ortnoa. The morning after the trial waa concluded the following article in reference to the Bat ter appeared in The Argaa; 'During the part three inoetha we hare frequently in our column# commented on the pttraordinary caae which la now ao widely known aa ‘Tha Hanaom Cab Tragedy.' We can aafely say that It ia the moat remarkable ram whiCb has ever come under tha notice of our criminal court, and the verdict given by the Jury yesterday haa enveloped the matter in a atill deeper mystery By a train of at range coincidences, Mr. Brian Pitagerald, a young squatter, *u suspected of having murdered Whyte, and Lad it not been for tha timely appearance of tba woman Rawllno, who turned up at the eleventh hour, we feel sure that a verdict of guilty would have been given, ami an innocent man would have suf fered punishment fur the crime of another. Fortunately for the prisoner, and for tha in tonate of Justice, his counsel, Mr. Calton, by unwearied diligence, waa able to discover tha Urt witness and prove an alibi. Rad It not bean for this, in spite of tba remarks made by the teamed counsel in his brilliant speech yesterday, which resulted in the acquittal of the prisoner, we question eery much It tha rest of the evidence In favor of the ace—ad would have been sufficient to persuade the Jury that ha waa an innocent man. The oaly points in favor of Mr. Pitagerald ware the inability of the ashmen Royrtoa to swear to him as tba man who had got into tha cab with Whyte, the wearing of a diamond ring on the forefinger of the right hand (whereas Mr Pitagerald wears no rings), and thedif fereoce in time sworn to by tha cabman Rankin and tha landlady Against these points, however, the prosecution placed a morn of evidence, which seemed to ooacln eively prove the guilt of the prisoner; bnt tbs appearance of Hal Kawllna In the witness boa put an end to all doubt. In language that could not be mistaken for anything aUa than the truth, she positively swore that Mr Pitagerald waa in one of the slums off Bonrka ■treat between the hours of I and ion Friday morning, at which time the murder waa committed Under three circumstances, the Jur^ unanimously agreed In tha verdict. “Sm guilty," and the pi isomr waa forth with acquitted nave to wmgratals (a hia counsel. Mr Caltem. for the able speech ha made for (ho defense, and also Mr. Fite geraid, for hia providential escape from n dishonors(ile and undeserved punlrtmmt, Ha leaves the court without a stein on his character and with tha respect and sym patiiy of all Australians, for the courage and dignity with ah ch be comported himself I through* sit. a tide reeling under Die shadow of such a serious charge "But now that it Las been eonriuaively proved that ha ia innocent, the question artam is every one’s mind, ‘Who is the murderer of Oliver Whytof The man who committed this dastardly crime la still at Urge, and, tor all we know, may iw la our luuUk. •There ssemi U> be no poosibio clew baser arable at prsaaut which own lead to tea die rovery of (be rani UiurX.ru Tha mam la lLw light coat who gut out of Rookin'* cab at i’owlatl (treat, Kurt Meiuouraa (designedly. m ft now appears, fta order to throw aappMn on Fittcwuld), ha* wtU aa bo fixity aa the witchaa la 'Math**,' aai Wlm toast u-biod It<ml o>ikMk be the mta when he left the atb,Md,iitfM subnet like Rant Melbourne, ao «M WOU«4 ha aha*. that he could aaaily escape unaasa. These wim to beonly dm ohanseef ever treeing him, and that la to be toad to Me papen which were atoleo than Ike pouusto t Mm •lead man. VThat they were, only two par* «ona knew, aed one knowa new. The Aral two were Whyte aad the woman wbe wee railed The Quean,*and both of them eee eew dead. The other who knowa now le Ihe tone who committed the crime. There eas be ae doubt In the minds of our raedere Ihet toaae (•apart were the motive of the oriaw, ae Be money wea taken from the pockets of the de> ••eased. The fact, also, that the paean were carried In a pocket made inside we wntob coat of the deceaeed ahowa that they waned value. “How, the reeaoa we think Ihet Ihe toed woman knew of the esiateaoeaf tLueepapan h simply thia.- It appears that ahe cane eeA from Hug land with Whyte an hie ■ latraaa, 1 and after slaying aoma time ie Sydney earna on to Malboenie. How ahe name Into aaah a foul and squalid dae aa that ahe dM la, we are unable to any. unless, easing that aka waa (fiveo to drink, ahe wea taken ap drank by noma Samaritan of the attune and carried to Mre. Rawlina’ bumble abode WbytorMtoi bar there frequently, but appears to barw made no attempt to reaaoru her to a hatter place, alleging, aa bit raaaoa, that the deeSer, mid ahe would die If taken into Ihe air. (tor. reporter learned from one of the detoatirea that the dead woman waa lathe hahMefkdk! log to Whyte about certain papara, aai « ( one ooowdon was overheard to any to btom> ‘Theyll make your fortune if yon play yunr j card* well.' Thia wm told to the iitntii by the woman Rawlina. to tint appearance Mr. fltagerald mm bk ae rape. Prom thle ttean be galbarad that the ;>*pore—whatever they might be-were ef: value, amt euffleieot to tempt another to saw mi* a murder In order to obtain thim Whne, therefor*, being deed, aadbla aanr ■lerar cecaped. the only way of (Uaaoeerlng the mcret which liee at Ihe root of thia tree it crime la to find out the history ef toe «»' moo who died la the atom. Traced baek for (ome years, circumstanom may ha dlaaev-. rn*i which will raveel whet Umm pa pan am Coined, and one* that la found, wa ami oaak-i lontly my that tba murderer will boob ha! ilaeovarod. ThU la tba only ehaaea at ftat| ing out tba oatua and tha author at Ihla atya-; tertooa murdar. and If It Call*. wa Hat tha hanaom cab tragedy will hare to ba rate! fated to tba llat of tboae undlaeovarad. rrlaoaa, and tha aaaaaain of Whyte will have bo otbar pumahmaot than tha remorm at hte own oonadaoca. CHAPTER XXL nan uoirraa amawan. A hot Decamber day, with a eloodtem blaa! iky and a aun blaring down on the earth, l ; lotted in all tba beauty of arnnaw far rente. Such a description of aaowy OaeamJ ber moat rxmd arrange to Cnglitt aara, and a boa Chriatma* day moat atrto them aa ba> Inf aa fantaatfcaa tha play tm a “Mldaam 1 mrrV Right Dream'' did to Damatriaa, whaa 1 ha raroarkad of it; ‘Thla la hot laa and wua- Iroua cold lira." But bare la Aaateaka |» tha realm of topay turrydon, aad away thine*, Ilk* dream*, fo by eoetrariaa Tha Frattlby hnmiatead of Tabba TaM itation waa * long lew hoaaa, with aa eg •tain, aad with a wide veranda maahf nearly round IV Cool gram blind* wara haaf 1 batwaaa tha pi Han ta kaapout tha am*, and ell eloog were anatterad loanflof ehalf* at baafeat work, with ruga, novate, amply aadai bottle* aad all the other arldaaeae that Mr Frettlbyh gueete had boat wtte aad m;,4i Inride during tha aoeaday haal Madge waa aeatad In ana of ♦haw rnmfnrtebte abate*, aad divided bar attention batwaaa tha glnwlag beauty of tha world oataldt, which aha noted •a through a narrow altt la tha blind, aad a new aeve) from Mol tent lying opaa aa bar knee. She waa not looking wall, far tha trial through whlab aha had paaaad had tana vary great and had left Ita impreaa of aarraw an bar baaatlfnl taoa In bmayea, tea, aw aßy *0 oalm, there waa a troubled look, Mat ing bar hand upon bar hand*, aha at tba bitteroeaa of tha pate year. After Brian’a acquittal of tha awhr of Oliver Whyte aba had boon tekaa by bar father up to tha atattoa, ia tha hope that It would net ore bar to health. Tba amatol •train which had bam on bar during tha trial had nearly brought on aa attaoh of brafa favor, but bare, far from tta.n nllnmaat at town Ufa. in tha quiet aoohaioa of Ha aaaa try, aba had recovered bar health, bat ant ber apiiita Wooam are awra Iwpraarioaakla than mm. aad It la parhapa for thla nmm that they age qulchar. A trouble wtett would pan lightly over a man laaveaaa in delible mark an a woman, both phyaleaUy and maatelly, and tha terrible aptoodo at Whyte 1 * murder had changed Madge Mum a bright and merry girt into a grave aad beautiful woman. And Brian, ha aim had undergone a change, for there were a few white halra now amid hi* early, ohmtaut locks, and hla character, from being gay and ■ - ■. mi nll IM —— * DcigiK, aaa naoomo raoouy ana vnamm After tha trial ba had loft town Immediately, ta order to avoid meeting with hla frimte, and had geaa up to hla ataUen, whloh ana next to that of tba Pnttlbyu There ha workad hard aU day, and aatokad hard ak night, thinking over tha curaad aaaret whloh the dead woman had told him, aad whteh threaten ad to ovenbadow hla Ufa Avery now aad than ha roda over aad aw Madg* but only when ha knew bar fatter waa away 1a Melbourne, for bo aaaraod to buvatahaa a dMlka to tba millionaire, wktoh Madge could not help coadamulag aa aafatt, lUßMmbartaf bow bar fetter bed «a#ad ba ted* him la hla trouble. Bat ttora waa an other roaaon why Brian hmt aloof Mum Tabbu Tallook motion, aad that waa ha dM not wlah to aamt any af tha gay aowiaty whMh waatbara, kaowiag that riaes hla trite hewn* aa object of eurioalty aad aympathy taavary oaa a poaition whloh waa vary galling to tea proud natural At Chriatmaa than Mr. Vtut tlby had aakad a lot af paopla op Mum Mat bouraa, and though Madge would ratter have bam lafl alma, yet eh* eoald aat rafaaa bar father, and had to play hoataaa with a ruling brow and aching heart. Ml* Hat laatoa, who a month atnoa Joiaad tta nahte army af banadiete, waatbara wlthMmiM hstoa, who rated him with a rod at km Having bought Mix with her aaoaey, aba had datanwlwail to make goad am af him. aad, haiag arabitloua to ahiaa la Miltaaraa •oriaty, had taaalated apoa Ml* ala dying politic*, ao that whaa tta aast geaaraleloa ttea oaam arauaf ha aaald aamr parkaamnA Mia had ruballod at drat, bat aMmate* gave way, aa ba found that wbm ba had a food aavai emanated among kia pai llammk ary pagan time paaaad quite plaaaaatiy. aad ha gat tta rapu tattoo of a hardworhmat Mate amh They had hreaght ap /aka. Mm Billina** atater. with ihoa, and had am maaivad^mwcß^'J» know wbm aka waa brnkaa, mat matted am the aim* af Mr trilby** heart ham dauuteJ aaenner. Mr. Chtemaa ha I aaamug tor a uula nteaattea. aad aavar gave a to ought to bia anstoaa patteute or tha many ak k room, ha wa* la tta habit af vtelMag