The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1889-02-28


be called. who deposed.
! know the prisoner He is Q member Of
the Melbourne club, at which am q waiter
| remember Thursday. Goth July On that
night the last witness came with q letter to
the prisoner Il was about a quarter to IL
She just gave II TO me, and went away I
delivered it 10 Mr. Fitzgerald He left the
cub at about ten minutes 10 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, Cation arose to
address the jury. He was a fine speaker,
and made q splendid defense Not q single
point escaped him, and that brilliant piece Of
oratory is still remembered and spoken Of
admiringly In the purlleus Of Temple court
and ChancecV lane
He began by giving a vivid description Of
the circumstances Of the murier-of the
meeting Of the murderer and his victim in
Collins street EaSt-thO cab driving down 10
81 Kilda the getting out Of the cab Of the
murderer after committing the crim0-and
the way In which be had secured himself
against pursuit Having thus enchained the
attention Of the jury by the graphic manner
In which he described the crime, be pointed
out that the evidence brought forward by
the prosecution vas purely circumstantial,
and that they had utterly failed to Identify
the man who entered the cab with the pris
oner In tho dock The superstition that the
prisoner and the man In the light coat being
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 tit state TO dis,
tinguish between the man who hailed the
cab aud the man who got in The crime was
committed by means OF chloruform, there
fore, II the prisoner was guilty be must have
purchased the chlorofurn in Some shop or
obtained Il from some friendS Al all events,
the prosecution bad not brought forward
single piece OF evidence TO show how and
where the c9loroform was obtained With
regard 10 the glove belonging to the muir
derod man found in the prisoners pocket, be
picked it up OF the ground at the time when
he first met Whyte, when the decreased was
lying drunk near the Scotch church Ger
tainly there was no evidence to show that
the prisoner had picked it up bef,'re the de
ceased entered the cab but. on ne other
hand, there was no evidence to show that Il
had been picked up in the cab It was far
more likely that the glove, and especially a
white glove. would Ire picked up under the
light Of the lamp near the Scotch church,
where II was easily noticeable, than In the
darkness OF cab, where there wns very little
room, and where II 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
q diamond ring on the fordnger Of his right
hand, and the cabman, Rankin, swore to the
some thing about the man who got out at
Powlett street Against this could be placed
the evidence Of one Of tho prisoners most
intimate fFiends--one who had seen him
almost daily for the last ave years, and he
had sworn positively that the prisoner never
was in the habit Of wearing ringS The cab
man, Rankin, had also sworn that the man
who entered bis cab on the 1T Kilda road
alighted Ut Powlett street East Melbourne,
at O'Clock on Friday morning, as be heard
that hour strike from the postoillcs clock,
whereas the evidence Of the prisoners land.
lady showed plainly that he entered the
house Eve minutes previously, and her evil
denco wa further supported by that Of the
matchmaker, Dendy MrA Sampson saw tho
hand Of her kitchen clock point to tlve min
ubss 10 ., and. thinking 1t WAa ten minutes
slow, told the detective the prisoner did not
enter the houss Till Eve minutes past Q, which
would Just give the man who alighted from
the cab, prsSuminR him to have been the
prisoner, sufficient time to walk up TO his
lodgingA The evidence Of the matchmaker,
Dendy, however. showed clearly that he bad
put the clock right ct the hour Of
on ThurSiay night; that Il was impossible
for IL b gain ten minutes before on Fri.
day morning. and, therefore, the time, Eve
MINUTES 70 & seen BY the lnndlndy, was
A. - h. L..
house Eve minutes before the other man
alighbed from the cab in Powlett street
ThOSe points In themselves were sufficient to
show that the prisoner was Innocent. but the
evidence Of the woman Rawllns must prove
couclusivoly 70 the Jury that the prisoner
was not the man who committed the crime
The witness Brown had proved that the wo
man Rawlins had delivered letter TO him,
prisoner left the club personally, 10 keep
the appointment spoken Of In tho letter,
which letter, OF rather the remains Of Il, had
beon put In evidence The woman Rawlins
0worO that the prisoner met her at the corner
Of Ru.sh and Bourke streets, and had gone
with her 10 onA Of the back Sums, there 70 see
The writer Of tho letter She also proved that
at the time Of the committal Of the crime the
prisoner was still in the back Stun, by the
bed Of the dying woman. and, there being
only one door 10 the room, could not possibly
have laft without the witness seeing him Tho
woman Rawlins further proved that she left
the prisoner at The corner Of Russell and
Bourne strsOts ct twenty I've minutes TO
O'Clock, which was Eve minutes before Roy
Ston drove his cab up TO the st Kilda police
station. With the dead body inside Finally,
The woman Rawllns proved her words by
stating that she saw both tho postonlcs and
town hall clocks! and suppozing TIE prisoner
aArted from the corner Of Bourko and Rus
oil Stroeta, a. she says he did, he would reach
East Melbourne In twenty minutes which
made h Eve minutes 10 Q on Friday morn
ing, the time at which, according 10 the land
ladyS statement, be entered the housa All
The evidence given BY the different witnesses
agreed completely, and formed q chain which
showed the whole Of the prisoners move.
ments at the time Of the committal Of the
murder. Therefore, 10 was absolutely impos-
sfble that the murder could have been com.
mittsd BY the man In the dock Tho strong
ct piecO Of evidence brought forward by the
the prosecution was that Of the witness Ha-
bleton, who sworO that the prisoner used
threats against the life Of the deceased
But the language was merely the outcome
Of . passionate Irish nature, and was not
sufficient 10 prove the crime TO have been
committed BY the prisoner The defense
which the prisoner sot up was that Of an
alibl, and the evidence Of the witnesses for
The dsSonso proved eoncluaivsly that the
prisoner could not, and did not, commit the
murder. Finally, Cation wound up his elab
crate and exhaustive speech, Whish lasted for
over two hour, BY q brilliant perOrRtlon,
calling upon the jury 10 base their verdict
upon the plain facts Of the case, and II they
I'D % they could hardly fail in bringing in q
verdict Of mot guilty"
Whsn Gallon at down . Subdusd murmur