The Mystery of a Hansom Cab
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"You know who stole those papers," he thought, as he looked at Fitzgerald, keenly, "and the man who did so is the murderer of Whyte."
The judge having entered, and the Court being opened, Calton rose to make his speech, and stated in a few words the line of defence he intended to take.
He would first call Albert Dendy, a watchmaker, to prove that on Thursday night, at eight o'clock in the evening, he had called at the prisoner'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, a friend of the prisoners, to prove that the prisoner was not in the habit of wearing rings, and frequently expressed his detestation of such a custom. Sebastian Brown, a waiter at the Melbourne Club, would be called to prove that on Thursday night a letter was delivered to the prisoner at the Club by one Sarah Rawlins, and that the prisoner left the Club shortly before one 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 Club, at a quarter to twelve on Thursday Night, and that at a few minutes past one o'clock on Friday morning she had conducted the prisoner to a slum off Little Bourke Street, and that he was there between one and two on Friday morning, the hour at which the murder was alleged to have taken place. This being his defence to the charge brought against the prisoner, he would call Albert Dendy.
Albert Dendy, duly sworn, stated —
I am a watchmaker, and carry on business in Fitzroy. I remember Thursday, the 26th of July last. On the evening of that day I called at Powlett Street East Melbourne, to see my aunt, who is the landlady of the prisoner. She was out at the time I called, and I waited in the kitchen till her return. I looked at the kitchen clock to see if it was too late to wait, and then at my watch. I found that the clock was ten minutes fast, upon which I put it right, and regulated it properly.
CALTON: At what time did you put it right?
WITNESS: About eight o'clock.
CALTON: Between that time and two in the morning, was it possible for the clock to gain ten minutes?
WITNESS: No, it was not possible.
CALTON: Would it gain at all?
WITNESS: Not between eight and two o'clock – the time was not long enough.
CALTON: Did you see your aunt that night?
WITNESS: Yes, I waited till she came in.
CALTON: And did you tell her you had put the clock right?
WITNESS: No, I did not; I forgot all about it.
CALTON: Then she was still under the impression that it was ten minutes fast?
WITNESS: Yes, I suppose so
After Dendy had been cross-examined, Felix Rolleston was called, and deposed as follows: —
I am an intimate friend of the prisoner. I have known him for five or six years, and I never saw him wearing a ring during that time. He has frequently told me he did not care for rings, and would never wear them.
In cross-examination: —
CROWN PROSECUTOR: You have never seen the prisoner wearing a diamond ring?
WITNESS: No, never.
CROWN PROSECUTOR: Have you ever seen any such ring in his possession?
WITNESS: No, I have seen him buying rings for ladies, but I never saw him with any ring such as a gentleman would wear.
CROWN PROSECUTOR: Not even a seal ring.
WITNESS: No, not even a seal ring.
Sarah Rawlins was then placed in the witness-box, and, after having been sworn, deposed —
I know the prisoner. I delivered a letter, addressed to him at the Melbourne Club, at a quarter to twelve o'clock on Thursday, 26th July. I did not know what his name was. He met me shortly after one, at the corner of Russell and Bourke Streets, where I had been told to wait for him. I took him to my grandmother's place, in a lane off Little Bourke Street. There was a dying woman there, who had sent for him. He went in and saw her for about twenty minutes, and then I took him back to the corner of Bourke and Russell Streets. I heard the three-quarters strike shortly after I left him.
CROWN PROSECUTOR: You are quite certain that the prisoner was the man you met on that night?
WITNESS: Quite certin', s'elp me G – .
CROWN PROSECUTOR: And he met you a few minutes past one o'clock?
WITNESS: Yes, 'bout five minutes – I 'eard the clock a-strikin' one just afore he came down the street, and when I leaves 'im agin, it were about twenty-five to two, 'cause it took me ten minits to git 'ome, and I 'eard the clock go three-quarters, jest as I gits to the door.
CROWN PROSECUTOR: How do you know it was exactly twenty-five to two when you left him?
WITNESS: 'Cause I sawr the clocks – I left 'im at the corner of Russell Street, and comes down Bourke Street, so I could see the Post Orffice clock as plain as day, an' when I gets into Swanston Street, I looks at the Town 'All premiscus like, and sees the same time there.
CROWN PROSECUTOR: And you never lost sight of the prisoner the whole time?
WITNESS: No, there was only one door by the room, an' I was a-sittin' outside it, an' when he comes out he falls over me.
CROWN PROSECUTOR: Were you asleep?
WITNESS: Not a blessed wink.
Calton then directed Sebastian Brown to be called. He deposed —
I know the prisoner. He is a member of the Melbourne Club, at which I am a waiter. I remember Thursday, 26th July. On that night the last witness came with a letter to the prisoner. It was about a quarter to twelve. She just gave it to me, and went away. I delivered it to Mr. Fitzgerald. He left the Club at about ten minutes to one.
This closed 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 a diamond ring on the forefinger of his right hand, and the cabman, Rankin, swore to the same thing about the man who got out at Powlett Street. Against this could be placed the evidence of one of the prisoner's most intimate friends – one who had seen him almost daily for the last five years, and he had sworn positively that the prisoner was not in the habit of wearing rings.
The cabman Rankin had also sworn that the man who entered his cab on the St. Kilda Road alighted at Powlett Street, East Melbourne, at two o'clock on Friday morning, as he heard that hour strike from the Post Office clock, whereas the evidence of the prisoner's landlady showed plainly that he entered the house five minutes previously, and her evidence was further supported by that of the watchmaker, Dendy. Mrs. Sampson saw the hand of her kitchen clock point to five minutes to two, and, thinking it was ten minutes slow, told the detective that the prisoner did not enter the house till five minutes past two, which would just give the man who alighted from the cab (presuming him to have been the prisoner) sufficient time to walk up to his lodgings. The evidence of the watchmaker, Dendy, however, showed clearly that he had put the clock right at the hour of eight on Thursday night; that it was impossible for it to gain ten minutes before two on Friday morning, and therefore, the time, five minutes to two, seen by the landlady was the correct one, and the prisoner was in the house five minutes before the other man alighted from the cab in Powlett Street.
These points in themselves were sufficient to show that the prisoner 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 woman Rawlins had delivered a letter to him, which he gave to the prisoner and that the prisoner left the Club, to keep the appointment spoken of in the letter, which letter, or, rather, the remains of it had been put in evidence. The woman Rawlins swore that the prisoner met her at the corner of Russell and Bourke Streets, and had gone with her to one of the back slums, there to see the writer of the letter. She also proved that at the time of the committal of the crime the prisoner was still in the back slum, by the bed of the dying woman, and, there being only one door to the room, he could not possibly have left without the witness seeing him. The 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 empty dock, which seemed to enchain them by some indescribable fascination. They conversed among themselves only in whispers, until even the whispering ceased, and nothing could be heard but the steady ticking of the clock, and now and then the quick-drawn breath of some timid on-looker. Suddenly, a woman, whose nerves were over-strung, shrieked, and the cry rang weirdly through the crowded hall. She was taken out, and again there was silence, every eye being now fixed on the door through which the jury would re-issue with their verdict of life or death. The hands of the clock moved slowly round – a quarter – a half – three quarters – and then the hour sounded with a silvery ring which startled everyone. Madge, sitting with her hands tightly clasped together, began to fear that her highly-strung nerves would give way.
"My God," she muttered softly to herself; "will this suspense never end?"
Just then the door opened, and the jury re-entered. The prisoner was again placed in the dock, and the judge resumed his seat, this time with the black cap in his pocket, as everyone guessed.
The usual formalities were gone through, and when the foreman of the jury stood up every neck was craned forward, and every ear was on the alert to catch the words that fell from his lips. The prisoner flushed a little and then grew pale as death, giving a quick, nervous glance at the quiet figure in black, of which he could just catch a glimpse. Then came the verdict, sharp and decisive, "NOT GUILTY."
On hearing this a cheer went up from everyone in the court, so strong was the sympathy with Brian.
In vain the crier of the Court yelled, "Order!" until he was red in the face. In vain the judge threatened to commit all present for contempt of court – his voice being inaudible, it did not matter much – the enthusiasm could not be restrained, and it was five minutes before order was obtained. The judge, having recovered his composure, delivered his judgment, and discharged the prisoner, in accordance with the verdict.
Calton had won many cases, but it is questionable if he had ever heard a verdict which gave him so much satisfaction as that which proclaimed Fitzgerald innocent.
And Brian, stepping down from the dock a free man, passed through a crowd of congratulating friends to a small room off the Court, where a woman was waiting for him – a woman who clung round his neck, and sobbed out —
"My darling! My darling! I knew that God would save you."
CHAPTER XX.
THE "ARGUS" GIVES ITS OPINION
The morning after the trial was concluded the following article in reference to the matter appeared in the ARGUS: —
"During the past three months we have frequently in our columns commented on the extraordinary case which is now so widely known as 'The Hansom Cab Tragedy.' We can safely say that it is the most remarkable case which has ever come under the notice of our Criminal Court, and the verdict given by the jury yesterday has enveloped the matter in a still deeper mystery. By a train of strange coincidences, Mr. Brian Fitzgerald, a young squatter, was suspected of having murdered Whyte, and had it not been for the timely appearance of the woman Rawlins who turned up at the eleventh hour, we feel sure that a verdict of guilty would have been given, and an innocent man would have suffered punishment for the crime of another. Fortunately for the prisoner, and for the interests of justice, his counsel, Mr. Calton, by unwearied diligence, was able to discover the last witness, and prove an ALIBI. Had it not been for this, in spite of the remarks made by the learned counsel in his brilliant speech yesterday, which resulted in the acquittal of the prisoner, we question very much if the rest of the evidence in favour of the accused would have been sufficient to persuade the jury that he was an innocent man. The only points in favour of Mr. Fitzgerald were the inability of the cabman Royston to swear to him as the man who had got into the cab with Whyte, the wearing of a diamond ring on the forefinger of the right hand (whereas Mr. Fitzgerald wears no rings), and the difference in time sworn to by the cabman Rankin and the landlady. Against these points, however, the prosecution placed a mass of evidence, which seemed conclusively to prove the guilt of the prisoner; but the appearance of Sal Rawlins in the witness-box put an end to all doubt. In language which could not be mistaken for anything else than the truth, she positively swore that Mr. Fitzgerald was in one of the slums off Bourke Street, between the hours of one and two on Friday morning, at which time the murder was committed. Under these circumstances, the jury unanimously agreed, and returned a verdict of 'Not guilty,' and the prisoner was forthwith acquitted. We have to congratulate his counsel, Mr. Calton, for the able speech he made for the defence, and also Mr. Fitzgerald, for his providential escape from a dishonourable and undeserved punishment. He leaves the court without a stain on his character, and with the respect and sympathy of all Australians, for the courage and dignity with which he comported himself throughout, while resting under the shadow of such a serious charge.
"But now that it has been conclusively proved that he is innocent, the question arises in every one's mind, 'Who is the murderer of Oliver Whyte?' The man who committed this dastardly crime is still at large, and, for all we know, may be in our midst. Emboldened by the impunity with which he has escaped the hands of justice, he may be walking securely down our streets, and talking of the very crime of which he is the perpetrator. Secure in the thought that all traces of him have been lost for ever, from the time he alighted from Rankin's cab, at Powlett Street, he has ventured probably to remain in Melbourne, and, for all that anyone knows, he may have been in the court during the late trial. Nay, this very article, may meet his eye, and he may rejoice at the futile efforts which have been made to find him. But let him beware, Justice is not blind, but blind-folded, and when he least expects it, she will tear the bandage from her keen eyes, and drag him forth to the light of day to receive the reward of his deed. Owing to the strong evidence against Fitzgerald, that is the only direction in which the detectives have hitherto looked, but baffled on one side, they will look on the other, and this time may be successful.
"That such a man as the murderer of Oliver Whyte should be at large is a matter of danger, not only to individual citizens, but to the community at large; for it is a well-known fact that a tiger who once tastes human blood never overcomes his craving for it; and, without doubt the man who so daringly and coolly murdered a drunken, and therefore defenceless man, will not hesitate to commit a second crime. The present feeling of all classes in Melbourne must be one of terror, that such a man should be at large, and must, in a great measure, resemble the fear which filled everyone's heart in London when the Marr murders were committed, and it was known that the murderer had escaped. Anyone who has read De Quincy's graphic description of the crime perpetrated by Williams must tremble to think that such another devil incarnate is in our midst. It is an imperative necessity that such a feeling should be done away with. But how is this to be managed? It is one thing to speak, and another to act. There seems to be no possible clue discoverable at present which can lead to the discovery of the real murderer. The man in the light coat who got out of Rankin's cab at Powlett Street, East Melbourne (designedly, as it now appears, in order to throw suspicion on Fitzgerald), has vanished as completely as the witches in Macbeth, and left no trace behind. It was two o'clock in the morning when he left the cab, and, in a quiet suburb like East Melbourne, no one would be about, so that he could easily escape unseen. There seems to be only one chance of ever tracing him, and that is to be found in the papers which were stolen from the pocket of the dead man. What they were, only two persons knew, and one knows now. The first two were Whyte and the woman who was called 'The Queen,' and both of them are now dead. The other who knows now is the man who committed the crime. There can be no doubt that these papers were the motive for the crime, as no money was taken from the pockets of the deceased. The fact, also, that the papers were carried in a pocket made inside the waistcoat of the deceased shows that they were of value.
"Now, the reason we think that the dead woman knew of the existence of these papers is simply this. It appears that she came out from England with Whyte as his mistress, and after staying some time in Sydney came on to Melbourne. How she came into such a foul and squalid den as that she died in, we are unable to say, unless, seeing that she was given to drink, she was picked up drunk by some Samaritan of the slums, and carried to Mrs. Rawlins' humble abode. Whyte visited her there frequently, but appears to have made no attempt to remove her to a better place, alleging as his reason that the doctor said she would die if taken into the air. Our reporter learned from one of the detectives that the dead woman was in the habit of talking to Whyte about certain papers, and on one occasion was overheard to say to him, 'They'll make your fortune if you play your cards well.' This was told to the detective by the woman Rawlins, to whose providential appearance Mr. Fitzgerald owes his escape. From this it can be gathered that the papers – whatever they might be – were of value, and sufficient to tempt another to commit a murder in order to obtain them. Whyte, therefore, being dead, and his murderer having escaped, the only way of discovering the secret which lies at the root of this tree of crime, is to find out the history of the woman who died in the slum. Traced back for some years, circumstances may be discovered which will reveal what these papers contained, and once that is found, we can confidently say that the murderer will soon be discovered. This is the only chance of finding out the cause, and the author of this mysterious murder; and if it fails, we fear the hansom cab tragedy will have to be relegated to the list of undiscovered crimes, and the assassin of Whyte will have no other punishment than that of the remorse of his own conscience."
CHAPTER XXI.
THREE MONTHS AFTERWARDS
A hot December day, with a cloudless blue sky, and a sun blazing down on the earth, clothed in all the beauty of summer garments. Such a description of snowy December sounds perchance a trifle strange to English ears. It may strike them as being somewhat fantastic, as was the play in "A Midsummer Night's Dream," to Demetrius when he remarked, "This is hot ice and wondrous cold fire."
But here in Australia we are in the realm of contrariety, and many things other than dreams go by contrary. Here black swans are an established fact, and the proverb concerning them, made when they were considered as mythical a bird as the Phoenix, has been rendered null and void by the discoveries of Captain Cook. Here ironwood sinks and pumice stone floats, which must strike the curious spectator as a queer freak on the part of Dame Nature. At home the Edinburgh mail bears the hardy traveller to a cold climate, with snowy mountains and wintry blasts; but here the further north one goes the hotter it gets, till one arrives in Queensland, where the heat is so great that a profane traveller of an epigrammatic turn of mind once fittingly called it, "An amateur hell."