gence, 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 favor of the accused would have been sufficient to persuade the jury that he was innocent. The only points in favor 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 dianond 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 to conclusively 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 in the verdict, 'Not guilty,' and the prisoner was forthwith acquitted. We have to congratulate his counsel, Mr. Calton, for the able speech he made for the defense, and also Mr. Fitzgerald for his providential escape from a dishonorable 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 everyone'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 was the perpetrator. Secure in the thought that all traces of him have been lost forever, from the time he alighted from Rankin's cab, at Powlett Street, he has likely ventured to remain in Melbourne, and, for
