Hence, Toorak must possess a craft which passes
all understanding of Traitors.
The jury, however, appeared frightened at this powerful thundering from
Mr. Ireland, who now began to turn the law towards a respectable and more
congenial quarter, and proved, that if the prisoner at the bar had burnt
down all the brothels not kept on the sly in Her Majesty's dominions,
he would be a Traitor; yet, if he had left one single brothel
standing - say, in the Sandwich Islands - for the accommodation of any of
Her Majesty's well-affected subjects, then the high treason was not
high - high enough and up to the mark, that is, my fore-quarter could not
be legally stuck up on the imaginary gates of Ballaarat.
His Honour appeared to me, to assent to the line of argument of the
Learned Counsel, who concluded a very lengthy but most able address,
by calling on the jury to put an end by their verdict to the continued
incarceration of the man, and to teach the government that they could not
escape from the responsibilities they had incurred by their folly, by
trying to obtain a verdict, which would brand the subjects of Her Majesty
in this Colony with disloyalty.
The jury now appeared to me to be ready to let the high traitor go
his way in bodily integrity.
Mr. ASPINALL then rose to address the jury on behalf of the prisoner.
His speech was spirited, cutting, withering; but could only cover the
falsehood, and NOT bring to light the truth: hence to record his speech
here cannot possibly serve the purpose of this Book: hence the four
documents, and my important observation on them in the following chapter.
Chapter LXXXIX.
Melior Nunc Lingua Favere.
Document I.
SUPREME COURT
(Before his Honour the Chief Justice,)
"The prisoner, Raffaello, on his trial being postponed, wished to address
His Honour. He said that he was a native of Rome, and hoped that the same
good feeling would be shown towards him in this colony as in old England.
If his witnesses were there, he would be able to leave the dock at that
moment. He hoped that His Honour would protect him by seeing that his
witnesses were served with subpoenas.
"His Honour was not responsible for this. Prisoner's attorney was the
party, and he must speak to him. It is the business of your attorney
to get these witnesses."
The following advertisement appeared in 'The Age', February 24th, 1855,
immediately above the leading article of said day:-
Document II.
State Trials.
"The trial of Raffaello has been postponed on account of the absence of
Dr. Alfred Carr, Mr. Gordon, of the store of Gordon and M`Callum, and
other witnesses for the defence. It is earnestly requested that they
will be in attendance on Monday morning at latest.
