The Gun Alley Tragedy: Record of the Trial of Colin Campbell RossBrennan, T. C. (Thomas Cornelius)
History
The Gun Alley Tragedy: Record of the Trial of Colin Campbell Ross
Brennan, T. C. (Thomas Cornelius)
Ross, Colin Campbell, 1892-1922 -- Trials, litigation, etc.; Trials (Murder) -- Australia -- Victoria -- Melbourne
What are they?—In the first place, the hair was not of the same average
length, that from the head of the girl being, on the average, six
inches longer than that from the blanket. In the next place, the hair
from the blanket was of a light auburn colour, while the hair from the
head was an auburn colour tending to red or a deep red. What is more
important, the hairs from the two sets were not of the same diameter,
and I cannot imagine why hair from the same head should differ in
diameter. In the next place, in hair I have examined since, the frontal
portion was quite red, and that from the back of the head quite dark,
suggesting that where the hair is exposed, it lightens in colour, while
in this case the hairs, which must have come from the back of the head,
were actually lighter than those which came from nearer the front. In
the next place, I found in my investigations hairs which were quite
as like Alma Tirtschke’s as the hairs on the blanket, and though this
does not prove that they were not Alma’s hairs, it prevents, by an
elementary rule in scientific investigations, any deduction that they
were. Lastly, it appears incredible to me, that if a girl of 13 were
lying on a blanket for three hours she should lose 27 hairs—or rather
that 27 of her hairs should still be remaining on the blankets at the
expiration of a fortnight, during which the blankets had been removed
to a distant suburb, and constantly handled.
A MISSING LINK.
There are other features about this hair examination which call for
comment. When a man is on trial for his life, he himself, his counsel,
and indeed the public generally, are entitled to demand that every
link in the chain connecting him with the murder shall be found in its
place. It was objected on the appeal that a link was missing in the
case of the blankets, since it was not shown where they were during the
night preceding their handing over to the analyst. One of the learned
judges in the High Court asked whether this “sinister suggestion” had
been put to the detectives. With the greatest respect, it is not, in
the first place, a sinister suggestion, but an elementary requirement
in proof; and in the second place, it is no part of the duty of a
defending counsel either to fill up gaps in the Crown evidence, or to
give the Crown witnesses a lead by which they may do it. But a blow
would be struck at the whole administration of justice, if once the
principle were admitted, that evidence, just because it is police
evidence, is not to be subjected to the ordinary tests. The principle
admitted, it would soon come to be known and traded upon, and the
result would be the lowering of the whole morale of the Detective
Force. The logical outcome would be the transfer of the seat of justice
from the Law Courts to the Detective Office. It is the knowledge
that their evidence will have to run the gauntlet of the fiercest
criticism and examination which the skill of the bar can bring to
Public-domain text, read in full here on John Shaqi.
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