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Chapter 20. 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 W............
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