Next morning the Court was crowded, and numbers were unable to gain admission. The news that Sal Rawlins, who alone could prove the innocence of the prisoner, had been found, and would appear in Court that morning, had spread like wildfire, and the acquittal of the prisoner was confidently expected by a large number of sympathising friends, who seemed to have sprung up on all sides, like mushrooms, in a single night. There were, of course, plenty of cautious people left who waited to hear the verdict of the jury before committing themselves, and who still believed him to be guilty. But the unexpected appearance of Sal Rawlins had turned the great tide of public feeling in favour of the prisoner, and many who had been loudest in their denunciations of Fitzgerald, were now more than half convinced of his innocence. Pious clergymen talked in an incoherent way about the finger of God and the innocent not suffering unjustly, which was a case of counting unhatched chickens, as the verdict had yet to be given.
Felix Rolleston awoke, and found himself famous in a small way. Out of good-natured sympathy, and a spice of contrariness, he had declared his belief in Brian’s innocence, and now, to his astonishment, he found that his view of the matter was likely to prove correct. He received so much praise on all sides for his presumed perspicuity, that he soon began to think that he had believed in Fitzgerald’s innocence by a calm course of reasoning, and not because of a desire to differ from every one else in their opinion of the case. After all, Felix Rolleston is not the only man who has been astonished to find greatness thrust upon him, and come to believe himself worthy of it. He was a wise man, however, and while in the full tide of prosperity he seized the flying moment, and proposed to Miss Featherweight, who, after some hesitation, agreed to endow him with herself and her thousands. She decided that her future husband was a man of no common intellect, seeing that he had long ago arrived at a conclusion which the rest of Melbourne were only beginning to discover now, so she determined that, as soon as she assumed marital authority, Felix, like Strephon in “Iolanthe,” should go into Parliament, and with her money and his brains she might some day be the wife of a premier. Mr. Rolleston had no idea of the political honours which his future spouse intended for him, and was seated in his old place in the court, talking about the case.
“Knew he was innocent, don’t you know,” he said, with a complacent smile “Fitzgerald’s too jolly good-looking a fellow, and all that sort of thing, to commit murder.”
Whereupon a clergyman, happening to overhear the lively Felix make this flippant remark, disagreed with it entirely, and preached a sermon to prove that good looks and crime were closely connected, and that both Judas Iscariot and Nero were beauty-men.
“Ah,” said Calton, when he heard the sermon, “if this unique theory is a true one, what a truly pious man that clergyman must be!” This allusion to the looks of the reverend gentleman was rather unkind, for he was by no means bad-looking. But then Calton was one of those witty men who would rather lose a friend than suppress an epigram.
When the prisoner was brought in, a murmur of sympathy ran through the crowded Court, so ill and worn-out he looked; but Calton was puzzled to account for the expression of his face, so different from that of a man whose life had been saved, or, rather, was about to be saved, for in truth it was a foregone conclusion.
“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