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.
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