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
Assuming, however, that Maddox got into the box intending to say that
the time was from 9 to half-past 9, and merely made a slip, it will
be noticed that the time she fixes is significant. It only conflicts
with the witnesses who deposed to seeing Ross at Ballantyne’s, and
is consistent with the testimony of those who swore to seeing him at
Linderman’s, for it was possible, apart from the evidence, that Ross,
after leaving Linderman’s, went to Jolimont. The inherent improbability
that, after having been detained for eight hours by the police, and
questioned about the tragedy, he should have gone to Jolimont, and
should have happened, when there, to meet quite accidentally, one of
the only two people in the world who say they saw the child in the
saloon, would still stand out, even if the poor street-stroller’s
testimony were not confuted by a host of unbroken and unshaken
witnesses.
It is not going too far to describe the whole of the evidence for
the defence as unbroken and unshaken. The test to which it was
subjected was remarkable. The other witnesses were all out of court
while a particular witness was being examined. Some deposed to all
the time covered by Ross, some to part only. Their evidence locked
and interlocked in a remarkable way. All were ably and severely
cross-examined, but with the exception of one slight disagreement as
to which two of three blankets were in the saloon—a natural mistake,
seeing that all the blankets were of the same type, though differing
slightly in colour—not the smallest flaw was revealed in the story
told by any of them. It is true that Ross swore that, when he and
Gladys Wain were in the saloon on the Friday night, the lights were out
some of the time, whereas Gladys Wain swore they were alight “every
minute of the time,” but Gladys Wain knew what Ross had sworn on the
point, and she went into the box insisting on her right to put her own
account of the matter. It was not a case of revealing a conflict by
cross-examination.
The different pieces of evidence were like a mosaic which, when put
together, form a complete and harmonious pattern. From its nature it
was full of pitfalls if concocted. The Crown Prosecutor skilfully
searched the witnesses to find some break in the completed pattern, but
failed signally to do so, and the whole story stood, as every one of
the witnesses stood, absolutely unimpeached before the jury. But the
weakness seems to have been in the jury rather than in the story.
Public-domain text, read in full here on John Shaqi.
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