<SPAN name="chap02"></SPAN>
<h3> CHAPTER II. </h3>
<h3> THE EVIDENCE AT THE INQUEST. </h3>
<p>At the inquest held on the body found in the hansom cab the following
articles taken from the deceased were placed on the table:—</p>
<p>1. Two pounds ten shillings in gold and silver.</p>
<p>2. The white silk handkerchief which was saturated with chloroform, and
was found tied across the mouth of the deceased, marked with the
letters O.W. in red silk.</p>
<p>3. A cigarette case of Russian leather, half filled with "Old Judge"
cigarettes. 4. A left-hand white glove of kid—rather soiled—with
black seams down the back. Samuel Gorby, of the detective office, was
present in order to see if anything might be said by the witnesses
likely to point to the cause or to the author of the crime.</p>
<p>The first witness called was Malcolm Royston, in whose cab the crime
had been committed. He told the same story as had already appeared in
the ARGUS, and the following facts were elicited by the Coroner:—</p>
<p>Q. Can you give a description of the gentleman in the light coat, who
was holding the deceased when you drove up?</p>
<p>A. I did not observe him very closely, as my attention was taken up by
the deceased; and, besides, the gentleman in the light coat was in the
shadow.</p>
<p>Q Describe him from what you saw of him.</p>
<p>A. He was fair, I think, because I could see his moustache, rather
tall, and in evening dress, with a light coat over it. I could not see
his face very plainly, as he wore a soft felt hat, which was pulled
down over his eyes.</p>
<p>Q. What kind of hat was it he wore—a wide-awake?</p>
<p>A. Yes. The brim was turned down, and I could see only his mouth and
moustache.</p>
<p>Q. What did he say when you asked him if he knew the deceased?</p>
<p>A. He said he didn't; that he had just picked him up.</p>
<p>Q. And afterwards he seemed to recognise him?</p>
<p>A. Yes. When the deceased looked up he said "You!" and let him fall on
to the ground; then he walked away towards Bourke Street.</p>
<p>Q. Did he look back?</p>
<p>A. Not that I saw.</p>
<p>Q. How long were you looking after him?</p>
<p>A. About a minute.</p>
<p>Q. And when did you see him again?</p>
<p>A. After I put deceased into the cab I turned round and found him at my
elbow.</p>
<p>Q. And what did he say?</p>
<p>A. I said, "Oh! you've come back," and he said, "Yes, I've changed my
mind, and will see him home," and then he got into the cab, and told me
to drive to St. Kilda.</p>
<p>Q. He spoke then as if he knew the deceased?</p>
<p>A. Yes; I thought that he recognised him only when he looked up, and
perhaps having had a row with him walked away, but thought he'd come
back.</p>
<p>Q. Did you see him coming back?</p>
<p>A. No; the first I saw of him was at my elbow when I turned.</p>
<p>Q. And when did he get out? A. Just as I was turning down by the
Grammar School on the St. Kilda Road.</p>
<p>Q. Did you hear any sounds of fighting or struggling in the cab during
the drive?</p>
<p>A. No; the road was rather rough, and the noise of the wheels going
over the stones would have prevented my hearing anything.</p>
<p>Q. When the gentleman in the light coat got out did he appear disturbed?</p>
<p>A. No; he was perfectly calm.</p>
<p>Q. How could you tell that?</p>
<p>A. Because the moon had risen, and I could see plainly.</p>
<p>Q. Did you see his face then?</p>
<p>A. No; his hat was pulled down over it. I only saw as much as I did
when he entered the cab in Collins Street.</p>
<p>Q. Were his clothes torn or disarranged in any way?</p>
<p>A. No; the only difference I remarked in him was that his coat was
buttoned.</p>
<p>Q. And was it open when he got in?</p>
<p>A. No; but it was when he was holding up the deceased.</p>
<p>Q. Then he buttoned it before he came back and got into the cab?</p>
<p>A. Yes. I suppose so.</p>
<p>Q. What did he say when he got out of the cab on the St. Kilda Road?</p>
<p>A. He said that the deceased would not let him take him home, and that
he would walk back to Melbourne.</p>
<p>Q. And you asked him where you were to drive the deceased to?</p>
<p>A. Yes; and he said that the deceased lived either in Grey Street or
Ackland Street, St. Kilda, but that the deceased would direct me at the
Junction.</p>
<p>Q. Did you not think that the deceased was too drunk to direct you?</p>
<p>A. Yes, I did; but his friend said that the sleep and the shaking of
the cab would sober him a bit by the time I got to the Junction.</p>
<p>Q. The gentleman in the light coat apparently did not know where the
deceased lived?</p>
<p>A. No; he said it was either in Ackland Street or Grey Street.</p>
<p>Q. Did you not think that curious?</p>
<p>A. No; I thought he might be a club friend of the deceased.</p>
<p>Q. For how long did the man in the light coat talk to you?</p>
<p>A. About five minutes.</p>
<p>Q. And during that time you heard no noise in the cab?</p>
<p>A. No; I thought the deceased had gone to sleep.</p>
<p>Q. And after the man in the light coat said "good-night" to the
deceased, what happened?</p>
<p>A. He lit a cigarette, gave me a half-sovereign, and walked off towards
Melbourne.</p>
<p>Q. Did you observe if the gentleman in the light coat had his
handkerchief with him?</p>
<p>A. Oh, yes; because he dusted his boots with it. The road was very
dusty.</p>
<p>Q. Did you notice any striking peculiarity about him?</p>
<p>A. Well, no; except that he wore a diamond ring.</p>
<p>Q. What was there peculiar about that?</p>
<p>A. He wore it on the forefinger of the right hand, and I never saw it
that way before.</p>
<p>Q. When did you notice this?</p>
<p>A. When he was lighting his cigarette.</p>
<p>Q. How often did you call to the deceased when you got to the Junction?</p>
<p>A. Three or four times. I then got down, and found he was quite dead.</p>
<p>Q. How was he lying?</p>
<p>A. He was doubled up in the far corner of the cab, very much in the
same position as I left him when I put him in. His head was hanging on
one side, and there was a handkerchief across his mouth. When I touched
him he fell into the other corner of the cab, and then I found out he
was dead. I immediately drove to the St. Kilda police station and told
the police.</p>
<p>At the conclusion of Royston's evidence, during which Gorby had been
continually taking notes, Robert Chinston was called. He deposed:—</p>
<p>I am a duly qualified medical practitioner, residing in Collins Street
East. I made a POST-MORTEM examination of the body of the deceased on
Friday.</p>
<p>Q. That was within a few hours of his death?</p>
<p>A. Yes, judging from the position of the handkerchief and the presence
of chloroform that the deceased had died from the effects of
ANAESTHESIA, and knowing how rapidly the poison evaporates I made the
examination at once.</p>
<p>Coroner: Go on, sir.</p>
<p>Dr. Chinston: Externally, the body was healthy-looking and well
nourished. There were no marks of violence. The staining apparent at
the back of the legs and trunk was due to POST-MORTEM congestion.
Internally, the brain was hyperaemic, and there was a considerable
amount of congestion, especially apparent in the superficial vessels.
There was no brain disease. The lungs were healthy, but slightly
congested. On opening the thorax there was a faint spirituous odour
discernible. The stomach contained about a pint of completely digested
food. The heart was flaccid. The right-heart contained a considerable
quantity of dark, fluid blood. There was a tendency to fatty
degeneration of that organ.</p>
<p>I am of opinion that the deceased died from the inhalation of some such
vapour as chloroform or methylene.</p>
<p>Q. You say there was a tendency to fatty degeneration of the heart?
Would that have anything to do with the death of deceased?</p>
<p>A. Not of itself. But chloroform administered while the heart was in
such a state would have a decided tendency to accelerate the fatal
result. At the same time, I may mention that the POST-MORTEM signs of
poisoning by chloroform are mostly negative.</p>
<p>Dr. Chinston was then permitted to retire, and Clement Rankin, another
hansom cabman, was called. He deposed: I am a cabman, living in
Collingwood, and usually drive a hansom cab. I remember Thursday last.
I had driven a party down to St. Kilda, and was returning about
half-past one o'clock. A short distance past the Grammar School I was
hailed by a gentleman in a light coat; he was smoking a cigarette, and
told me to drive him to Powlett Street, East Melbourne. I did so, and
he got out at the corner of Wellington Parade and Powlett Street. He
paid me half-a-sovereign for my fare, and then walked up Powlett
Street, while I drove back to town.</p>
<p>Q. What time was it when you stopped at Powlett Street?</p>
<p>A. Two o'clock exactly.</p>
<p>Q. How do you know?</p>
<p>A. Because it was a still night, and I heard the Post Office clock
strike two o'clock.</p>
<p>Q. Did you notice anything peculiar about the man in the light coat?</p>
<p>A. No! He looked just the same as anyone else. I thought he was some
swell of the town out for a lark. His hat was pulled down over his
eyes, and I could not see his face.</p>
<p>Q. Did you notice if he wore a ring?</p>
<p>A. Yes! I did. When he was handing me the half-sovereign, I saw he had
a diamond ring on the forefinger of his right hand.</p>
<p>Q. He did not say why he was on the St. Kilda Road at such an hour?</p>
<p>A. No! He did not.</p>
<p>Clement Rankin was then ordered to stand down, and the Coroner then
summed up in an address of half-an-hour's duration. There was, he
pointed out, no doubt that the death of the deceased had resulted not
from natural causes, but from the effects of poisoning. Only slight
evidence had been obtained up to the present time regarding the
circumstances of the case, but the only person who could be accused of
committing the crime was the unknown man who entered the cab with the
deceased on Friday morning at the corner of the Scotch Church, near the
Burke and Wills' monument. It had been proved that the deceased, when
he entered the cab, was, to all appearances, in good health, though in
a state of intoxication, and the fact that he was found by the cabman,
Royston, after the man in the light coat had left the cab, with a
handkerchief, saturated with chloroform, tied over his mouth, would
seem to show that he had died through the inhalation of chloroform,
which had been deliberately administered. All the obtainable evidence
in the case was circumstantial, but, nevertheless, showed conclusively
that a crime had been committed. Therefore, as the circumstances of the
case pointed to one conclusion, the jury could not do otherwise than
frame a verdict in accordance with that conclusion.</p>
<p>The jury retired at four o'clock, and, after an absence of a quarter of
an hour, returned with the following verdict:—</p>
<p>"That the deceased, whose name there is no evidence to determine, died
on the 27th day of July, from the effects of poison, namely,
chloroform, feloniously administered by some person unknown; and the
jury, on their oaths, say that the said unknown person feloniously,
wilfully, and maliciously did murder the said deceased."</p>
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