Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1888-10-11
eHgterydaHan0nCab
z, FERGUS v. HUME
CHAPTER XIX
rHE vERplcr oF THE JuRY.


unable TO gain admission. The news that Sal
Rswiins, who alone could prove the limo
cence OF the prisoner, had been found, and
would appear in court chat morning, had
spread like wildfre, and the acquittal Of the
prisoner was confidently expected by large
number Of sympathizing friends, who seemed
10 have sprung up on all sides, like mush-
rooms, In a single night
When the prisoner was brought in a mur-
mur Of sympathy ran through the crowded
court, 30 III and worn out be looked; but Cal
ton was puzzled to account for the expression
Of his face, so different from that Of q man
whose life had been saved, or, rather, was
going 10 be saved, for in truth it was fore
gone conclusion.
'You know who stole those papers," he
thought, as he looked at Fitzgerald keenly,
land the man who did so is the murderer Of
Whyte.n
The Judge having entered and the court
being opened, Calton arose to make hia
speech, and stated in few words the line Of
defense he intended TO take.
He would first call Albert Dendy, watch
maker, to prove that on Thursday night, at
8 O'Clock in the evening, he called ut the pris-
oner's lodgings while the landlady was out,
and while there. had put the kitchen clock
right and had regulated the same. He would
also call Felix Rolleston, q friend of the pris-
oneris, to prove that the prisoner was not in
the habit Of wearing rings, and frequently
expressed his detestation of such custom.
Sebastian Brown, waiter at the Melbourne
club, would be called to prove that on Thurs
day night letter was delivered to the pris-
oner at the club by one Sarah Rawlins, and
that the prisoner left the club shortly before
/ o'clock on Friday morning. He would also
call Sarah Rawlins to prove that she had
delivered q note to Sebastian Brown for the
prisoner, at the Melbourne club, at quarter
to IL on Thursday night, and that at few
minutes past o'clock on Friday morning
she had conducted the prisoner to slum off
Little Rourke street, and that he was there
between and on Friday morning. the
hour at which the murder was alleged to
have taken place. This being his defense to
the charge brought against the prisoner. he
would call Albert Dendy.
Albert Dendy, duly sworn, stated:
am matchmaker, and carry on business
in Fitzroy. remember Thursday, the Goth
of July last. On the evening of that day
called at Powlett street, East Melbourne, to
see my aunt, who is the landlady of the
prisoner She was out at the time called,
and waited in the kitchen till her return.
looked at the kitchen clock to see If it was
too late to wait, and then at my watch.
found that the clock was ten minutes fast,
upon which put 1t right, and regulated it
properly.
Calton-At what time did you put it rightl
Witness-AboutS s o'clock
Calton-B Between that time and in the
morning, was it possible for the'clock to
gain ten minutess
Witness-No, it was not possible
Calton-- Would it gain at alll
Witness-Not between 5 and o'clock--the
time was not long enough.
Calton-Did you see your aunt that nights
Witness-Yes, waited till she came in.
Calton-And did you tell her you had put
the clock right?
Witness-No, / did not; l forgot oil aboutit
Calton-Then she was still under the i'm
preston that it was ten minutes fastl
Witness-Yes, suppose SO.
After Dendy had been cross-examined
Felix Rolleston was called, and deposed as
follows;
am an intimate friend of the prisoner.
never saw him wearing ring during that
time He has frequently told me he did not
care for rings, and would never wear them.
In crossexamination:
Crown Prosecutor-You have never seen
the prisoner wearing diamond rings
Witness-No, never.
Crown Prosecutors Have you ever seen any
such ring in his possessiona
Witness-No, have seen him buying rings
for ladies, but never saw him with any ring
such as gentleman would wear.
Crown Prosecutor-Not even a seal ring9
Witness--No, not even seal ring.
Sarah Rawlins was then placed in the wit
ness box, and, after being sworn, deposed:
1 know the prisoner. delivered a letter
addressed to him at the Melbourne club, at a
quarter to IL o'clock on Thursday, 26th July.
/ did not know what his name was He met
me shortly after I, at the corner of Russell
and Bourke streets, where had been told
to wait for him. took him to my grand
mothers place, in a lane off Little Bourke
street. There was dying woman there,
who had sent for him. He went in and saw
her for about twenty minutes, and then
took him back to the corner of Bourke and
Russell streets heard the three-quarters
strike shortly after left him.
Crown Prosecutor-Y are quite certain
that the prisoner was the man you met ON
that night!
WtslesS--9;;ite tet'sil', s'elp ME e.,
Crow, Proseeutor--4A he niea you u few
minutes past o'clocks
Witness Yes, bout FIVE minutes; card
the clock a-strikin' just afore he came down
the street, and when leaves i'm agin, it
were about twenty-five toe, cause it took me
ten minutes to git 'ome, and 'eard the clock
go three-quarters just as gets to the door.
Crown Prosecutor-How do you know it
was exactly twenty-five to 2 when you left
hint
Witness cause sawr the clocks. l left
i'm at the corner of Russell street, and comes
down Bourke street, SO could see the post
orffice clock as plain as day, an when gets
into Swanton street, looks at the town 'all
premiscus like. and zee the same time there.
Grown Prosecutor you never lost
sight Of the prisoner the whole tirnea
Witness No; there was only one door by
the room, an was a-sittin' outside Il, ON
when be comes out be falls over me.
Crown Prosecutors Were you asleepa
Witness Not q blessed wink.
Calton then directed Sebastian Brown x
be called, who deposed:
know the prisoner. He is member o.
the Melbourne club, at which am waiter
! remember Thursday, 26th July. On tina
night the last witness came with letter *
\ the prisoner, It was about quarter to 10
She Just gave it to me, and went away.
delivered it to Mr. Fitzgerald he left tn
club at about ten minutes to |.