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A condemned man's denial of guilt raises questions about the truth (Part 2/2)

April 06, 2024 / 01:06:20

This episode covers the 1921 murder case of Alma Turki, the wrongful conviction of Colin Ross, and the subsequent quest for justice. Key topics include witness testimonies, police investigations, and the eventual exoneration of Colin Ross.

The episode begins with the chilling screams heard by cab driver Joseph Graham on December 30, 1921, which he reported to police after learning about Alma Turki's murder. Despite his account and another witness's report, authorities dismissed the screams as typical child noise.

Colin Ross was convicted based on questionable witness testimonies, including claims from bar patrons and inmates. His family maintained his innocence throughout the trial, and new witnesses emerged post-conviction, including Florence Rudkin, who provided crucial information about the night of the murder.

Kevin Morgan later investigated the case, uncovering evidence that led to Colin's exoneration, including hair samples that disproved the prosecution's claims. The episode highlights the flaws in the original investigation and the impact on both the Turki and Ross families.

Ultimately, Colin Ross was pardoned 86 years after his execution, revealing the miscarriage of justice that had occurred. The episode concludes with reflections on the case's lasting effects on the legal system and the families involved.

TLDR

The episode recounts the wrongful conviction of Colin Ross for the 1921 murder of Alma Turki and his eventual exoneration after decades of injustice.

Episode

1:06:20
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[Music] our episodes deal with serious and often distressing incidents if you feel at any
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time you need support please contact your local crisis center for suggested phone numbers for confidential support
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and for a more detailed list of content warnings please see the show notes for this episode on your app or on our
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website today's episode involves crimes against children and won't be suitable for all
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listeners shortly after 3 on the afternoon of Friday December 30 1921 Melbourne cab driver Joseph Graham was
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strolling up a little Collin Street on his way to the grocery store all of a sudden a piercing high-pitched scream
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ran out the area was notoriously Rowdy but in the hundreds of times that Joseph had
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been there he'd never heard such a heart-rending scream he described it as sounding like
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a little girl terrified at what was occurring or what was about to occur Joseph estimated that the girl was
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between the ages of 10 and 15 it sounded as if she was being dragged somewhere close
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by five or six more screams followed each more terrifying than the last as the girl was slowly drained of
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energy further down the street another man also heard the screams he and Joseph glanced around trying to identify where
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exactly the noise was coming from while they couldn't narrow down an exact spot they seemed to be coming from the
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direction of Gun [Music] Alley [Music] when Joseph Graham heard about Alma tur's murder a little over a week later
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he went straight to the police to report the screams he'd heard on little Colin Street on the afternoon of December 30
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the officers didn't seem interested plenty of people brought their children into the City and it wasn't unusual to
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hear them screeching for a Litany of innocent reasons some local business owners brought their children to work
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with them including a nearby Bara whose young daughter was known for her screeching despite these explanations
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Joseph remained certain that what he'd heard wasn't just a child playfully acting up
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meanwhile at a police station in the regional town of balarat the other man who heard the screams also came forward
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like Joseph he reported that the screaming occurred sometime between around 3:05 and 3:25
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p.m. but unlike Joseph he didn't think there were multiple screams just a single scream that echoed down the
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street he thought it was emanating from a derelict lodging house next to Gun Alley
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but as he walked towards the distressing sound it suddenly stopped the man convinced himself it was
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just an unruly child being disciplined by an exasperated parent and carried on with his
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day when he heard about Alma tury's murder he thought about contacting the police but he was unwell at the time and
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didn't want the publicity he also assumed the other witness Joseph Graham would report it
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thus negating his need to do so when the days passed with no reports about The screams in the papers he
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finally decided to come forward saying there was a stall holder in the Eastern Market who could corroborate his version
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of events Ballarat police forwarded this information to the detectives fronting the turki case they now had two
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independent accounts of a girl screaming in Fright around little Collin Street between 3 and 3:30 p.m. on Friday
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December 30 these reports aligned with the last confirmed sighting of Alma turki after
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she left the Eastern arcade on the very corner where the lodging house was located this posed a major problem for
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investigators they'd been working on the theory that Elma had been lured somewhere private to be assaulted before
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her body was dumped in Gun Alley later that night what's more if the screams heard had indeed come from Elma it
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Vindicated their Prime Suspect Colin Ross when Colin Ross was found guilty of the 12-year-old's murder his family were
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left stunned from the outset of the investigation they knew there was no way he could have done it for starters
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Colin's brother Stanley Ross worked alongside Colin at the Australian wine Saloon at around 2: p.m. on Friday
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December 30 19 21 Stanley was in his usual spot behind the bar when Colin arrived for work it was a relatively
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quiet afternoon the brothers spent the entire afternoon serving and interacting with
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the few clientele at no point did Stanley see a young girl matching Elma tury's description in the
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saloon colins sometimes brought women into the private room behind the bar but they were never as young as Elma
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former bartender Ry Matthews and saloon customer Francis Upton had both served as star Witnesses for the prosecution
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implicating Colin in the young girl's murder both claimed they had been drinking at the Australian wine Saloon
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Friday December 30 1921 where they ordered a drinks at the bar but Stanley had been behind the bar
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all afternoon and at no point did he see either one of them the the only witness
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he did see was Olive Maddox Olive had testified to seeing an underage girl matching elma's description drinking in
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The Parlor and had confronted Colin about it yet according to Stanley this never
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happened Olive did briefly greet Colin at the bar but the pair didn't engage in any meaningful conversation and she
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never mentioned the presence of a young girl Stanley and Colin remained at the saloon together until closing time at
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which point Colin went home for dinner while Stanley ate at a nearby restaurant at 7:30 p.m. Stanley returned to the
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saloon to use the bathroom no one else was in there Colin had always maintained that
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he'd met his friend gladus in the city before returning home at around midnight and going straight to bed his mother
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Edie Ross vouched for this she recalled that Colin had arrived home at around 7:00 p.m. ate dinner and then went out
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again Edie was still up when Colin returned around midnight he went straight to the bedroom
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he shared with another of his brothers Ronald a military man who'd served overseas Ronald was a light sleeper who
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woke at the slightest of noises he stirred when Colin entered the room and was certain he couldn't have left during
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the night without waking him according to prosecution witness Sydney Harding Colin had confessed to
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killing Elma in the back room behind the bar before cleaning the scene Stanley Ross had returned to the
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Australian wine Saloon on Saturday morning to prepare for the day's trade he swept the floor and scrubbed
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surfaces there was no indication that the Saloon or its back room had been cleaned the previous
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night the Ross family testified at trial in support of Colin and corroborated his
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version of events Edie described Colin as a good son who was a bit rough around to the edges but certainly not a child
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killer another one of Colin's brothers named Thomas told the court that when the family heard news of Colin's arrest
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they found it comical in its absurdity Thomas explained I thought that my brother
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would have been the last man in the world to to be detained to Outsiders the Ross family
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were just protecting one of their own no one seemed to consider the possibility that they were telling the
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truth after Colin's conviction his family gathered at their home to plot their next move they agreed without
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hesitation to mortgage their house to fund an appeal all of a sudden there was a knock
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at the front door standing outside was a young woman who introduced herself as Florence
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rodkin she was well aware of the infamous turki case the vicious frenzy it had stirred
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up in Melbourne had prevented Florence from coming forward sooner as she wanted no association with
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it but with Colin being found guilty Florence put her personal feelings aside to reveal what she
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knew at around 5 on the afternoon of Friday December 30 1921 Florence had stopped in at the Australian wine Saloon
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she visited occasionally as it was a quiet establishment where she could be left
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alone Florence settled into a dark corner in the Parlor it was an uneventful visit until Olive madx
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dropped in boisterous and unsteady Olive was clearly intoxicated she stood at The Parlor
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entrance and examined the room before before moving off Florence was still in the Parlor
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when Olive reappeared an hour later right before closing time when Florence went to leave Colin
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Ross was still there she caught a glimpse of the private room behind the bar there was no one
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there the reason Florence felt it was so important to come forward with this information was that she had flowing red
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hair at the time of her visit the saloon she'd been wearing a hat just like Alma
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turki given that the Parlor was dimly lit and Olive Maddox had been intoxicated Florence feared that Olive
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had mistaken her for Alma Stanley Ross had remembered Florence rudkin as one of their few
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customers that day he'd sought her out when his brother was initially detained but he only knew her as flurry and was
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unable to track her down Florence ruin was told to take her story to a man named Thomas Brenan an
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experienced and formidable criminal attorney Brennan was one part of Collin's Twan legal
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team like the Ross's Brennan was left speechless by Colin's conviction he' never doubted the man was
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innocent and after hearing the entirety of the prosecution's evidence in person he couldn't believe the jury had found
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him guilty Beyond Reasonable Doubt in the defense's opinion the prosecution's case was not only
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absolutely incoherent but absolutely inconsistent after detailing all of its flaws and inconsistencies they was
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certain colum was going to walk from Court a free man as far as the defense were concerned
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the prosecution star Witnesses were a quintant of disreputable for starded there was
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Francis Upton the man who claimed to have visited the Australian wine Saloon after midnight on December 30 to
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encounter Colin Ross with bloodstained hands Francis had also implicated an unidentified woman who he claimed to
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have heard in the saloon with Colin Thomas Brennan was incredulous of francis's testimony from the outset in
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Brennan's words Francis was a derelict a drunkard a deserter a notorious romancer
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and convicted criminal his rap sheet included charges for leny drunkenness and embezzlement in court Francis described
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himself as a bad character who'd skipped out on his wife and kids and spent all his earnings on
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alcohol Brennan hoped the jury would realize that testimony beginning with the witness regaining Consciousness in a
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park after a bender necessitated a considerable degree of skepticism Francis even admitted during
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cross-examination that he usually got so drunk he didn't remember anything in fact he was such a prolific
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alcoholic that he had no memories of ever visiting the Australian wine Saloon except for on December
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30 Francis said he'd leared of Amma tur's murder on January 2 yet he only approached police to implicate Colin
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Ross after the £ 1,000 reward was offered then there were the two jail Birds Sydney Harding and Joseph
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Dunston Sydney testified that Colin had confessed to killing Elma while they were in the prison yard Joseph
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corroborated this saying he overheard parts of the confession Thomas Brennan had explained
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to the jury why they should be wary of these claims Sydney and Joseph were convicted criminals with a history
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including assault lassy receiving stolen goods and even perjury not only were they known to one
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another they were on remand for a housebreaking they committed together Sydney Harding had come forward
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to the police before the coronial inquest but after the big reward was announced after establishing himself as
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a star prosecution witness Sydney was per permitted to leave the confines of jail and to live in Far Cozier lodgings
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near the city it was a fitting prize for a man other prisoners referred to as a dog due to his reputation as a
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snitch Colin Ross knew of Sydney's dishonorable notoriety and in no way considered him a
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Friend Thomas Brennan assumed the jury would realize how comical the whole setup was why would his client trust the
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criminal he barely knew who had a reputation for leaking information to police during one prison visit Colin's
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legal team had warned him say nothing they'll plant people in here to testify against
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you it made no sense for him to then go and divulge everything about the murder to a random
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inmate Joseph dunon came forward to police after the coronial inquest but before the trial he had admitted that
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he'd spoken to Sydney before making his statement both men also revealed that they'd read the daily paper together
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which featured detailed updates on the turki case these stories included all the evidence Colin's version of events
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and the allegations other Witnesses had made against him another prisoner on remand with the
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two witnesses claimed that he'd overheard Sydney tell Joseph I have told you about Ross and I
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will fix you up after the trial Thomas Brennan knew better than most that assertions made by prison
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snitches should be considered with Extreme Caution Sydney and Joseph had proven themselves Liars in the past pleading
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innocent for crimes they were ultimately found guilty of criminals usually didn't help the
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police unless there was something in it for them the jury were told to consider the
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likelihood the pair were offered a deal to testify against colum as for Ivy Matthews the former
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bartender who claimed to have seen Alma turki drinking in the private room behind the bar of the Australian wine
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Saloon the defense had some serious doubts about her story Ivy was first interviewed by
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detectives almost a week after elma's body was discovered at that time Ivy said she hadn't seen Elma and knew
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nothing about what had happened to her it was only weeks later that she came forward to police with her story
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implicating Colin Ross in the crime when asked why she hadn't revealed this pertinent information during her
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first interview Ivy said as a former employe of Collins she felted a degree of loyalty to
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him both Ivy Matthews and Olive Maddox claimed to have seen a girl matching Elma tury's description drinking at the
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saloon on the afternoon of December 3rd 30 Colin had allegedly confessed to giving Elma upwards of three glasses of
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wine prior to the attack however elma's stomach had been examined postmortem for traces of
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alcohol and none were found during Collin's trial the defense pointed out that both Ivy and Olive had
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added more damning claims against Colin every time they were interviewed not only did they come
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forward after the one ,000 reward was on offer they also revealed key information
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only when the same information had just been reported by the Press Ivy and Olive were longtime
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friends who admitted to having discussed the case on multiple occasions before and after Colin's
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arrest as far as the defense were concerned the two women had colluded to falsely accuse Colin in a bid to claim
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the reward money while the claimed that they were amicable with Colin he said otherwise Olive and Colin had a
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temperamental history with one another and hadn't spoken for months meanwhile Ivy had been aggressively demanding
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money from him that she felt was owed to her she was also bitter about having lost her job at the saloon with Colin
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asserting that Ivy would quote do anything for spite to get even with him as the defense pointed out the only
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moments where the five key Witnesses stories aligned was when they were presenting information that had been
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published in the papers the other Mysteries of the case such as how exactly Elma came to be in the saloon
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and how her body was disposed of conflicted between accounts Colin had allegedly told Ivy
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that Elma approached him and asked for a drink in Sydney's version of events it was Colin who coaxed the girl into his
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Saloon Ivy said she'd seen Elma in the room behind the bar at 300 p.m. while Olive said she saw Elma at 5:00 p.m. in
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The Parlor in Ivy's version Elma was awake and alert when the attack commenced in Sydney's account Elma was
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unconscious Ivy said Colin had a driven back to the city in in the early hours while Sydney claimed he rode a
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bicycle depending on the witness elma's body was either driven or carried to Gun
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Alley the timings of all these happenings conflicted and when taken as a whole were completely
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incoherent Colin's alleged descriptions of Elma also didn't add up those who knew Elma best said she was a shy and
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naive girl with a quiet temperament accounts from the so-called quintet of disreputable had Colin saying
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Elma was a cheeky little devil who demanded alcohol was forthright with men and sexually
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active the defense felt there was no way Colin could have interacted with Alama and Come Away with such an inaccurate
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character assessment none of this even took into account the assertions of other
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Witnesses 60 other customers visited the Australian wine Saloon on December 30 based on the statements provided by
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Olive Maddox and Dy Matthews Elma was in the saloon for upwards of 3 hours that afternoon yet aside from those two women
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no one else saw her two patrons said they'd shared a drink with Colin Ross and his brother
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Stanley in the room behind the bar and remained there until closing time they could say with utmost confidence that
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Elma turki was not with them these men along with the other Saloon patrons went to the police and vouched
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for Colin unanimously stating that he was at the saloon between 2: p.m. and closing time on December 30 they
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remembered him helping his brother behind the bar and chatting to customers Ivy Matthews claimed it was
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the following day of December 31 that Colin led her out of the saloon and on to little Collin Street where he
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confessed to elma's murder but other patrons including Florence rugen had been in the saloon at the time at no
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point did they see Ivy Matthews there nor did Colin leave the building at any time if he disappeared from view it was
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for barely minutes at a time according to Olive Maddox Colin had made suspicious comments to her about
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the tki case on January 5 but multiple Witnesses asserted that Colin was socializing at a home in West
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Melbourne that day and Olive wasn't there in the leadup two and during the trial each of the prosecution's
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Witnesses were paid sustenance payments which rewarded witness cooperation post conviction they were
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each eligible to receive a share of the 1,000 reward Thomas Brennan hoped the jury
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would realize danger of hinging a man's life or death on conflicting circumstantial
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evidence yet even if the jury had dismissed the witness's claims there was still the matter of the prosecution's
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Smoking Gun Alma's hairs found on the blankets from Colin's Saloon this was concrete evidence that
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she'd been there the kind of evidence that was impervious to deceit pressure or influence or was
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it when the saloon closed down after failing to secure a new liquor license most of its contents were taken to the
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Ross family home in foot gray including the two blankets from the back room one brown one
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blue the blankets were often laid out on The Veranda for guests to sit on at no point did Colin's mother Edie see any
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long red hairs on them if there were any she believed they'd likely come from a redheaded female relative who had been
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staying over when the blankets were taken into police custody they weren't secured in
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any way to avoid contamination after being freely transported in a police car they were
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left on a detective's desk for an extended period of time until the analyst was ready to examine
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them the Ross trial marked the first conviction in austral Asia using a scientific comparison of hairs and it
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was not as reliable as it seemed the analysis was done on appearance alone the analyst who performed the
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comparison was a chemist by trade he had no expert knowledge in hair analysis and
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had never previously analyzed any hair samples while the hairs were all red in color they varied in tone length and
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texture Colin admitted to Bringing women into the salon's back room two redhead women even testified to having combed
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their hair while in there using a mirror which hung above the couch where the blankets were
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laid gladus the friend Colin brought to his Saloon on the night of December 30 also had a red
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hair had the hairs been forcefully pulled from someone's scalp one would expect they would still contain their
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Roots however only one of the hairs still had its root attached in the state they were found in
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the hairs aligned more with having fallen out naturally not forcefully the one route the analyst did have was
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essentially useless he couldn't compare it to the sample of Alma's hair as it had been cut 6 in from her scalp and
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therefore didn't have any Roots attached either the analyst concluded that all the hairs had come from Elma but without
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a form of testing that could prove it his findings were nothing more than personal
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opinion Colin had initially identified the brown blanket where 22 of the red hairs were found as having been inside
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his Saloon but he later realized that he'd confused it with another blanket he now claimed that the one
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taken in his evidence had never been in his Saloon when shown the exhibit even former bartender Ivy Matthews said she'd
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never seen that blanket before Seenin found on the blue blanket were deemed evidence that Colin had
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raped armor however when the blanket was kept at the Ross house several of Colin's Brothers had sprawled on it with
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their girlfriends there was no way to test who the Sean originated from the torn up blue fabric allegedly
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found on foot's gry road before Colin's trial wasn't a reliable piece of evidence either it had been given weight
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because it supported Sydney Harding's statement that Colin shredded elma's clothing and Scattered the pieces at
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that location after her murder the piece of fabric was never proven to have originated from elma's
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clothing it was also surprisingly clean considering it had allegedly been on the
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side of a busy road for months furthermore the police had never even bothered to search the area where it was
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recovered given the hoaxes that had Arisen around the Gun Alley it wasn't outrageous to consider that the fabric
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could have been planted there in any case if Sydney's statement was a l as the defense argued the fabric held no
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relevance at all even if Colin Ross had killed Alma turki in each alleged version of the
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crime the manner in which the death occurred was described as accidental not deliberate Ivy Matthews original
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statement even contained the line Colin did not intend to kill her a crucial Point she failed to repeat a trial
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the defense felt that even if the confessions were true Colin should have been charged with the Lesser crime of
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manslaughter with all this in mind Thomas Brennan couldn't believe Colin Ross was handed a guilty verdict for
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murder expressing an opinion that was ahead of its time Brennan believed the jury were unconsciously swayed by The
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Sensational and salacious press their articles inflamed public perception of colum the moment he
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entered the investigation in Brennan's opinion his client came into the dock convicted he
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said never in the history of serious crimes in Victoria or indeed in the British Empire has a man been convicted
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on such a jumbled mass of contradictions the only explanation is that the jury quite unconsciously formed
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opinions before they went into the box and with their judge ments clouded by their natural indignation they were
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unable to view the matter dispassionately in the months following Colin's trial several jurors spoke
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anonymously with the Herald newspaper one said that during proceedings he locked eyes with Colin
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who quickly averted his gaze this one fleeting action led the juror to conclude that Colin was a guilty
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man another said there was a fear among the the jury of speaking critically about the evidence presented against
00:30:01
Colin in casee the hand of public scorn might Point them out forever he admitted that the jury had
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disregarded the claims by prosecution witness Francis Upton and there was scattered support for the
00:30:17
others the majority believed Ivy Matthews but only half believed Sydney Harding the guilty verdict would have
00:30:27
been reached in minutes had it not been for two jurors expressing doubts that dragged the process out one of the
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dissenting jurors was an elderly man who broke down in tears when the verdict was
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read out in court another became emotional once he got home saying I never want to serve on another jury
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charged with having to decide on a man's fate [Music] again the defense had presented all the
00:30:57
points justifying and Collin's innocence during the trial and still lost they couldn't pursue an appeal with the same
00:31:05
information with Florence rodkin coming forward post conviction Thomas Brennan had something new to work with and
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Florence wasn't the only one prompted by the conviction Taxi Driver Joseph Graham came forward to
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Colin Ross's legal team to detail his story about hearing a young girl screaming on little Collins Street on
00:31:26
the afternoon of Friday December December 30 1921 although the police had been aware
00:31:32
of this information and a second witness from balarat had corroborated it this was the first time the defense had ever
00:31:40
heard of it while detectives had taken notes they never followed up with either of the men
00:31:46
nor were further investigations made into the claims the information was never given to the press to see if
00:31:53
anyone else could elaborate on it neither Joseph Graham nor the man from balarat were contacted to participate in
00:32:01
the coronial inquest or murder trial relating to Alma turki's death to critics of the investigation
00:32:09
the men's exclusion highlighted the detective's attitude towards evidence that Vindicated Colin the level of
00:32:16
disinterest from authorities about these witness accounts resulted in the name and contact details of the Ballarat man
00:32:22
getting misplaced Thomas Brennan took Chief responsibility for appealing Colin's
00:32:29
verdict when he made the application he asked the Court of Criminal appeal for time after all two new and extraordinary
00:32:38
Witnesses had come forward and he needed to investigate their claims thoroughly the judges weren't willing to
00:32:45
hold up proceedings to allow such investigations to take place Brennan told them surely in a case
00:32:53
of life and death time should be given to prepare the appeal his request was denied and the appeal
00:33:01
was scheduled to take place one week later Colin Ross appeared for the 4-day hearing he was worn as he hadn't been
00:33:10
sleeping and was in a constant state of anxiety as a man on death row he was isolated from other prisoners and was
00:33:18
only L out into the yard when it was empty from there he had a full view of The Gallows due to the lack of preparation
00:33:28
time Thomas Brenan wasn't able to schedule all the witnesses he'd intended to present at Colin's appeal he had to
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work with what he had hoping it would be enough during the appeal process a third
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new witness approached the Ross family his name was George Krill and he'd been motivated to come forward after reading
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about Colin's ordeal and the implication of police suppression and manipulation of
00:33:56
evidence George claimed that on the afternoon of Friday December 30 1921 he was walking up little Collin Street
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between 1:30 and 145 p.m. when he noticed a girl matching Alma turki's description a man was following
00:34:13
uncomfortably close behind her so much so that George felt an urge to confront him a short time later George's
00:34:22
attention was drawn to the facade of the Eastern arcade the man and girl were still
00:34:27
standing there together talking George didn't know who the man was but it wasn't Colin
00:34:36
Ross George had given this information to police during their investigations and was questioned several times over
00:34:44
the matter but nothing further was done when Thomas Brennan informed the court of criminal appeal of George Krill Story
00:34:52
the Chief Justice replied there is nothing remarkable in somebody seen talking to a little
00:34:59
girl Brennan argued otherwise and while the judges agreed to consider George's statement they decided that they'd hear
00:35:07
no further evidence and immediately retired to consider their verdict when it was time to make their
00:35:15
announcement the Chief Justice stated that it was not part of the Court's function to put aside the verdict of a
00:35:20
jury unless a miscarriage of Justice could be proven with that he announced that Colin
00:35:28
Ross's appeal was denied Colin sat quietly while his mother and Florence rkin sobbed behind
00:35:36
him Colin was taken back to prison to await his death sentence Thomas Brennan filed a new
00:35:45
appeal this time with the high court the proceedings commenced just weeks before
00:35:51
colum was due to be executed the high court judges respected the jury's decision and re rejected most
00:35:58
of the grounds brought forth by the defense one judge acknowledged that while Collins's two alleged confessions
00:36:05
vared in facts both ultimately had him admit to raping and killing Alma turki quote if there is any inconsistency it
00:36:16
is an inconsistency in the prisoner statement not any inconsistency in the evidence of the witnesses to the alleged
00:36:24
confessions the high court by a majority of 4 to1 rejected the motion for a retrial Colin cried
00:36:34
out I am innocent and if they hang me they will hang an innocent man Edie Ross sold the family home to
00:36:45
fund her son's appeals she fought desperately for his life taking her campaign all the way to high ranking
00:36:52
religious leaders politicians and even the Attorney General she brought along a bundle of
00:36:58
letters from sympathetic members of the public and a petition against Colin's conviction with 2,000 signatures of
00:37:06
support the public perception of Colin was shifting as a result of their actions
00:37:13
post trial the Integrity of the prosecution star Witnesses were being questioned having essentially been
00:37:20
identified as a grifter Frank Upton adopted an alias and fled the state fearing retribution from Collins
00:37:28
supporters Sydney Harding and Joseph Dunston were convicted of their joint housebreaking charge though Sydney was
00:37:35
granted early release and Joseph was pardoned this added Credence to the theory the men were offered deals to
00:37:43
testify against Colin Ross Olive Maddox wound up in prison for sex work and drunkenness Ivy Matthews gave an
00:37:52
interview to the Midnight Sun newspaper about the tury case that was full of inaccuracy
00:37:58
with the publication concluding the question of to what extent Matthews can be relied on either
00:38:05
in speaking of herself or others is a very open one indeed While most Australians still
00:38:13
believed in Colin's guilt some felt capital punishment should be reserved for the most coldblooded and calculated
00:38:20
offenders letters were sent to the governor seeking Mercy for Colin While others asked that he at least be given a
00:38:28
proper opportunity to prove his innocence Edie Ross was nevertheless fighting an uphill battle when she told
00:38:37
one politician my boy is as innocent as me the politician responded I am perfectly satisfied that you are wasting
00:38:46
your time and money she managed to get the Attorney General to acknowledge there were
00:38:53
weaknesses in the prosecution's case but he refused to to Halt the execution on the morning of Colin's
00:39:03
family went to see him one last time they struggled to find any words but colum was talkative and appeared
00:39:12
accepting of his fate he expressed his gratitude for their belief in him and encouraged them to live on without
00:39:20
him his mother reassured him that she'd continue to fight for him until her last
00:39:26
breath she wasn't permitted to hug Colin so the brief meeting ended with an unceremonious verbal
00:39:34
farewell more than 1,000 people encircled Melbourne jail on the morning of Colin's
00:39:41
execution in his final moments Colin sat quietly with a reverend and wrote a letter to his
00:39:47
family it read in part goodbye my darling mother and brothers on this the last day of my life
00:39:56
I want to tell you that I love you more than ever do not fear for I know God will be with me try to forgive my
00:40:05
enemies let God deal with them do not fret too much for me the day is coming when my innocence will be
00:40:15
proved when the cell door opened Colin remained silent he handed the Reverend of the Bible he' possessed during his
00:40:24
incarceration then placed his hand on the reverend's shoulder ERS in a way described as more eloquent Than
00:40:32
Words column was then led to the Gallows an experimental four strand rope was used for the occasion though never
00:40:41
again as it ended up taking upwards of 20 minutes for Colin Ross to die Colin's prison Bible was passed on
00:40:51
to his mother the inside was full of annotations and alterations he'd made the text to make it relevant to his
00:40:59
current circumstances they depicted a man fighting desperately against the world
00:41:05
determined to condemn him with lines like false Witnesses rose up against me they laid to my charge things that I
00:41:14
knew not time will tell and the police wickedness is in the midst thereof deceit and guile depart not from her
00:41:26
Street Melbourne on one page Colin underlined the words full of bribes and wrote next
00:41:35
to it this is our police force which our people think so much of with the execution of Colin Ross The
00:41:46
Gun Alley murder as it came to be known faded from headlines until eventually people stopped talking about it all
00:41:54
together Edie Ross maintained her promise to to fight for her son's name she wrote a letter to the people of
00:42:01
Australia that urged I view with horror the awful crime for which my son was wrongly
00:42:09
executed I quite understand the indignation and wrath that must sway the Judgment of the public at the committal
00:42:16
of the shocking deed but as his mother I protest with all my soul that my boy should be made the innocent victim of
00:42:24
that indignation and Wrath I have gone from place to place from one to another pleading for my boy's life
00:42:33
pleading for justice and mercy only to be turned away without hope as my dear son Colin has suffered
00:42:42
all that the law can do to him I now make a Mother's appeal to the public of Australia to help me clear my son's name
00:42:50
from the terrible stigma that has been placed upon it Melbourne ever was prepared to move
00:43:00
on and it [Music] did 71 years later in 1993 a retrospective exhibition on Australian
00:43:15
artist Charles Blackman was held at the National Gallery of Victoria titled school girls and Angels it featured a
00:43:23
series of paintings and drawings black men produced in the 1950s depicting Bleak deserted cityscapes reminiscent of
00:43:30
Melbourne in the 1920s a girl wearing a school uniform and a straw hat wandered among the
00:43:36
streets as if lost her eyes wide in fear 37-year-old Kevin Morgan was a trainee librarian at the National
00:43:46
Gallery every time he walked to his workspace he passed black men's art Kevin didn't know what inspired the
00:43:54
menacing images but they intrigued him he found himself asking who was this mysterious
00:44:01
child he later explained quote there was something about her haunting and haunted that seemed to beg
00:44:10
the heart this child had a sense of death around her seeking an explanation Kevin read a
00:44:17
catalog about Charles Blackman that contained quotes from an interview he'd given many years
00:44:23
earlier Blackman discussed his inspiration for the artwork saying a school girl was once murdered
00:44:30
in the lane near the Old Eastern Market and it left a direct and anguished effect on
00:44:37
me Kevin Morgan had never heard of Alat turki but Blackman's confronting art drove him to learn more about her case
00:44:46
by that point the families of the victim and the convicted and all the witnesses
00:44:50
and investigators involved in the original case had passed away key locations like Gun Alley and the Eastern
00:44:58
arcade no longer existed still Kevin dug up as much information as he could examining
00:45:05
newspaper archives and the writings of defense attorney Thomas brandan the more Kevin studied the case
00:45:12
the more he came to realize it featured two innocent victims the obvious one was
00:45:17
Alma turki the other was Colin Ross although Colin had died 34 years before Kevin was born Kevin could feel
00:45:28
Colin's presence in everything he read it felt as though he was crying out for his name to be
00:45:35
cleared Kevin left his job to devote the next seven years of his life to conducting a deep dive into the turki
00:45:42
case he reached out to the living relatives of those involved and obtained Colin's old prison Bible which had been
00:45:49
stored in a shed upon taking in all the messages Colin had scrolled in it Kevin was
00:45:56
deeply affected he accessed the original court documents absorbing the mess of contradictions and
00:46:03
anomalies in the prosecution witness testimony he read about the witnesses who had gone ignored but whose
00:46:10
Recollections might have rescued Colin from The Gallows but the biggest Revelation was
00:46:16
Yet to Come As Kevin examined the archives of the Office of Public prosecutions Library he made a discovery upon looking
00:46:26
inside an an old forgotten box he came across an envelope marked with the words on his Majesty's
00:46:33
service inside were several White cards with a small amount of hair stuck to them one card was labeled as Alma
00:46:41
turki's hair the other held the hairs lifted from Colin Ross's Brown blanket in 1922 these hairs played a
00:46:51
major role in securing Colin's conviction even after so many years they were as vibrant a red Hue as
00:46:59
ever Kevin had been told that all the physical evidence pertaining to the case had been destroyed so this was a major
00:47:08
find with the advancement of forensic technology Kevin sought to have the hair reexamined a long bureaucratic and legal
00:47:17
battle followed it took 3 years but Kevin was finally permitted to carry out the
00:47:24
tests in 1998 the results were in an analyst from the Victorian Institute of forensic medicine concluded
00:47:33
that the hairs were easily differentiated at the microscopic level there were very clear differences in
00:47:40
color pigmentation and other features they had not originated from the same scalp as had been claimed
00:47:47
during Colin Ross's murder trial the samples were retested by the federal police investigation unit who
00:47:55
concluded the hairs from the brown blanket could not have come from Elma [Music]
00:48:06
turki in 2005 Kevin Morgan released a book on his findings titled Gun Alley murder lies and failure of
00:48:15
justice that year assisted by legal experts he prepared a petition to the Victorian government asking for the
00:48:22
verdict in alur's Murder to be aned such requests were typically made by the convicted person themselves but
00:48:31
this was the first time in Australian legal history that the request was made poly Kevin had been given permission to
00:48:39
go ahead by both Colin and dma's living relatives who all signed the petition the Attorney General considered
00:48:48
the petition for a year before referring the matter to the Chief Justice of the Supreme Court of
00:48:53
Victoria 14 months later after the Court's most senior judges had poured through all the new and old evidence of
00:49:00
the case a report was completed They concluded that if the 1922 jury were given access to the
00:49:09
recent hair test results Colin Ross would have been found not guilty the trial was formally ruled a miscarriage
00:49:17
of Justice referring to the case as a travesty the Attorney General presented a framed letter of Pardon for Colin Ross
00:49:27
that was handed to members of his and the turki families one of Colin's nieces felt a
00:49:33
great sense of relief saying I had lived with this fear and doubt for most of my
00:49:39
life the more so as I began to have children that perhaps I carried the genes of a
00:49:45
murderer that shadow has gone Alma's relatives felt the pardon wasn't enough a second cousin of hers
00:49:55
said a pardon means I am forgiving you for something you have done shouldn't it rather be an exoneration which means I
00:50:05
accept you didn't do this in the first place nevertheless they were grateful for the impact the pardon would have on
00:50:13
the country's Collective memory of Elma one of elma's nieces said the pardon has also helped restore
00:50:21
the reputation of Elma because it shows that she didn't enter the wine bar as was said in the trial she was a good
00:50:30
girl Colin's remains were ordered to be removed from the unmarked prison grave they were resting in so he could be
00:50:37
given a proper burial Melbourne jail had long since been decommissioned and the remains of deceased prisoners buried
00:50:44
there were moved around and reburied at different sides Colin's remains were in a coffin
00:50:50
shared by three other men and it took years to track down where exactly they had been placed and which remains among
00:50:57
them belonged to Colin in October 2010 Colin's relatives held a funeral service on his behalf on
00:51:06
the site where he'd been executed the relatives of Elma turki attended in a show of
00:51:12
solidarity one of Colin's relatives stated this morning we leave behind us the cold stones of the Melbourne jail
00:51:21
Colin is at last set free he is with his family once again [Music] Colin's remains were crad and interred
00:51:30
beside those of his mother in rural Victoria Kevin Morgan Whose actions led to Colin Ross's Vindication told the age
00:51:41
newspaper a big stain on the legal system has finally been expunged and a shadow on two Australian families has
00:51:49
also been lifted that justice has finally been done for the Ross and turki families
00:51:55
after 86 years is a tremendous outcome reflecting on the entire experience for his book Kevin
00:52:04
said 17 years earlier as I walked through the picture gallery pondering the identity of Charles Blackman's
00:52:10
school girl I could not have guessed what ordinary people could do let alone achieve in the face of a perceived
00:52:22
Injustice with Colin Ross pardoned the question remained who killed Alma turki based on the known facts of the
00:52:31
case Kevin Morgan was surprised Colin Ross was ever considered a suspect he had no history of sexual based offending
00:52:39
and in Kevin's words he was an impulsive bungling criminal acting without forth thought as exemplified by him proposing
00:52:48
at gunpoint and the Planned robbery that went a he could be stupid to put it frankly
00:52:57
in contrast Kevin concluded elma's killer was someone possessed of a clear mind capable of thinking ahead and aware
00:53:06
of the sorts of clues that might disclose his identity this person was not stupid or
00:53:12
careless May indeed have been educated and appears to have known about techniques of crime detection as they
00:53:19
were then applied and the state of forensic medicine in 1922 other child killers were tenuously
00:53:28
linked to Elma but none were considered genuine suspects while researching his book
00:53:35
Kevin Morgan collated all the information provided by elma's younger sister Viola who was 10 years old in
00:53:43
1921 in doing so Kevin discovered a chilling Secret After elma's murder Viola was
00:53:51
plagued by nightmares of being pursued by a male figure through Dark Places sometimes she'd have visions of the man
00:53:58
poking his head through her bedroom window during one nightmare he entered Viola's room and told her I came home at
00:54:10
1:00 Viola believed the man in her nightmares was George Murphy the husband of one of her older
00:54:17
cousins she sensed George was a pedophile and that he'd wanted to sexually assault her from a young age it
00:54:24
all started when she was around 6 or 7 years old and he rubbed her legs in an inappropriate manner from then onwards
00:54:33
Viola felt George was trying to groom her she took to hiding in a wardrobe whenever he visited and asked other
00:54:41
family members to keep close to her whenever he was around on one occasion he chased her out
00:54:47
onto the street and continued to pursue her until she reached safety when Viola was 16 George asked
00:54:56
her to marry him she refused Viola didn't tell anyone about George's actions at the time as she felt
00:55:04
no one would believe her her silence was fueled by the era's conservative culture
00:55:10
as the topic of sex even non-consensual sex was never openly discussed in an interview in 1997 Viola
00:55:19
revealed that she wasn't questioned by anybody including the police about her sister's
00:55:25
murder therefore she never implicated George Murphy in the crime saying I was kept right out of it right
00:55:34
out of it all together Kevin Morgan discovered that in December 1921 George Murphy was working
00:55:46
as a draftsman for the office of the register General and register of titles his office was on Queen Street in
00:55:54
Melbourne's CBD which inter Ed all the main thoroughfares relevant to the turki case including Burke little Collins and
00:56:02
Collins streets Kevin theorized that after unsuccessfully grooming Viola George Murphy set his sights on
00:56:11
Elma of the Two Sisters Elma was the more trusting and obedient a befitting target for a child
00:56:19
predator if Elma had endured any form of sexual abuse it was reasonable to assume
00:56:25
she wouldn't have spoken out about it the fact that it involved a family member would have made it even more
00:56:33
unmentionable maybe her uncle-in-law had scared her silent a month before her murder Elma
00:56:41
told her friends that a spiritualist had warned that she'd die soon although this
00:56:46
story was proven false Kevin Morgan wondered whether Alma was exposing a very real fear she had within a
00:56:53
fictitious narrative George M Murphy could have threatened to kill Elma if she exposed
00:56:59
his crimes when George learned Elma was leaving Melbourne to live with her father in Regional Victoria he might
00:57:06
have feared losing control of her outside of his reach she could be compelled to expose
00:57:14
him as Kevin theorized George might have felt like he had to silence her once and
00:57:19
for all by the time Kevin Morgan began looking into George Murphy as a suspect in the turki case the records of his
00:57:29
former employer were no longer available therefore George's whereabouts that day
00:57:34
couldn't be proven when Elma had arrived at the butcher shop on the day of her disappearance she wasn't in a state of
00:57:43
distress therefore Kevin Morgan believed that her ordeal began shortly after she
00:57:48
left the shop Witnesses had reported seeing a man following Elma along little Collin Street before confronting her
00:57:56
outside the Eastern arcade Elma wasn't inclined to speak to strangers so it was possible that she
00:58:04
knew the men Elma had been instructed to leave the parcel of meat at her aunt's flat
00:58:11
knowing that the flat itself would be empty in a move that was completely out of character for a girl who wrote a
00:58:18
school essay titled Judy first Elmer instead slowly and nervously wandered around at the neighboring streets
00:58:26
avoiding her intended destination according to Kevin Morgan quote the meeting altered Alma's course
00:58:35
she diverged from her route to her aunt's flat 10 minutes away because it was no longer a
00:58:43
sanctuary Kevin considered whether Elma had told the man where she was headed and then stoed for time out of fear that
00:58:50
he would go there and wait for her perhaps she was seeking safety by remaining in a public populated area she
00:58:58
wandered into the Eastern arcade only to realize it wasn't a suitable space for lone children so she headed back
00:59:05
outside shortly after this the screams of a distressed young girl were heard echoing up little Colin
00:59:13
[Music] Street when speaking to the press in January 1922 investigators leading the turki
00:59:23
case assured the public no piece of information was disregarded and every supposed clue was subjected to the
00:59:31
closest scrutiny at that time the cas's lead detective Fred pigot was considered a
00:59:39
real life Sherlock Holmes a hard-nosed detective with an eye for detail pigot was a celebrity due
00:59:47
to his work on many high-profile homicide cases he was widely regarded as one of
00:59:53
the best detectives of his era his work on the turki case not only earned him accolades and respect but
01:00:01
credited him as helping bring forensic science into Australian courtrooms detective pigot had passed
01:00:09
away by the time Colin Ross was pardoned during his illustrious career he was involved in a case involving a
01:00:16
husband accused of fatally shooting his wife in a groundbreaking move pigot carried out what was then the first
01:00:24
example of blood spatter interpretation in a Victorian criminal case he determined that the killing was in fact
01:00:32
a suicide and his work saved the accused from being executed what exactly went wrong for
01:00:40
pigot in the turki case will never be fully understood he was the type of detective to put in the work to ensure
01:00:47
Justice was correctly served but had failed spectacularly in that instance it's believed that pigot put
01:00:56
too much faith in the analysis of the hair evidence even though it wasn't reliable still this didn't answer why so
01:01:04
many significant pieces of evidence that exonerated Colin Ross went willfully ignored in 1961 detective pigot gave an
01:01:15
interview that touched on the turki case during which he stated the public were clamoring for
01:01:22
police action and the politicians of course were harassing her us we survived the Uproar long enough to plump for the
01:01:29
theory that Ross ravished and strangled armor in the saloon but we were well aware that our
01:01:36
evidence was only circumstantial he also said while I suspected Ross we desired to build up the chain of evidence that
01:01:47
was being forged against him in his book on the case Kevin Morgan added his own thoughts to this assertion
01:01:56
writing thus when a piece of evidence could not be forged into a link it seems it was simply
01:02:08
discarded throughout his time as Colin's attorney Thomas Brennan had received many letters some warned him against
01:02:16
helping Colin While others expressed their support of The Condemned man there were even multiple alleged confessions
01:02:23
from someone claiming to be Alma turki real killer Brennan easily recognized the
01:02:30
confessions as hoaxes some had been panned by Colin supporters in the hopes they could somehow prevent his
01:02:37
execution but on Sunday April 23 1922 the eve before Colin Ross was set to be executed an anonymous letter arrived at
01:02:47
Brennan's office that he felt was genuine the author Left Behind no identifying information save for a
01:02:55
postmark indicating the letter had been sent from a country town in Victoria as reproduced in Brennan's book
01:03:03
on the case titled The Gun Alley tragedy the letter read to Colin Ross at Melbourne
01:03:12
jail you have been condemned for a crime which you never committed and are to suffer for another's
01:03:19
fault since your conviction you have no doubt wondered what manner of man the real murderer is and who could not only
01:03:27
Encompass the girl's death but allow you to suffer in his stead my dear Ross if it is any
01:03:35
satisfaction for you to know it believe me that you will die but once but he will continue to die for the rest of his
01:03:44
life honored and fored upon by those who know him the smile upon his lips but hides the canker eating into his
01:03:53
soul day and night his life is a hell without the hope of reprieve gladly would he take your place
01:04:01
on Monday next if he had himself alone to consider his reason then briefly stated
01:04:08
is this a devoted and loving mother is ill a shock would be fatal himself he will sacrifice when his
01:04:19
mother passes away he will do it by his own hand he will board the ferry across the St sticks with a lie on his lips
01:04:28
with the only hope that religion is a myth and death Annihilation it is too painful for him
01:04:36
to go into the details of the crime it is simply a jaal and hir existence by a freak of nature he was
01:04:44
not made as other men this girl was not the first with a procuress all things are
01:04:54
possible in this case there was no intention of murder the victim unexpectedly collapsed may it be some satisfaction to
01:05:04
yourself your devoted mother and the members of your family to know that at least one of the legions of the Damned
01:05:11
who is the cause of your death is suffering the pangs of hell he may not ask your forgiveness or
01:05:19
sympathy but he asks for your [Music] understanding [Music] [Music] for

Badges

This episode stands out for the following:

  • 90
    Most heartbreaking
  • 85
    Most shocking
  • 85
    Best overall
  • 85
    Biggest twist

Episode Highlights

  • The Heart-Rending Scream
    On December 30, 1921, a piercing scream echoed through Melbourne, alarming witnesses nearby.
    “It sounded as if she was being dragged somewhere close.”
    @ 01m 26s
    April 06, 2024
  • Colin Ross's Alibi
    Colin's family staunchly defended him, claiming he was at work during the time of the murder.
    “I thought that my brother would have been the last man in the world to be detained.”
    @ 08m 55s
    April 06, 2024
  • Florence Rodkin's Testimony
    Florence came forward with vital information after Colin's conviction, fearing she was mistaken for the victim.
    “Florence put her personal feelings aside to reveal what she knew.”
    @ 09m 55s
    April 06, 2024
  • A Mother's Heartbreak
    Edie Ross faced skepticism from politicians while fighting for her son's life.
    “I am perfectly satisfied that you are wasting your time and money”
    @ 38m 44s
    April 06, 2024
  • Colin's Final Moments
    In his last moments, Colin expressed gratitude and love for his family before execution.
    “Goodbye my darling mother and brothers... I want to tell you that I love you more than ever”
    @ 39m 50s
    April 06, 2024
  • The Fight for Innocence
    Edie Ross campaigned tirelessly for her son's innocence, gathering public support and signatures.
    “I have gone from place to place... pleading for justice and mercy”
    @ 42m 36s
    April 06, 2024
  • Colin Ross's Pardon
    After 86 years, Colin Ross was pardoned, revealing a miscarriage of justice.
    “The Attorney General presented a framed letter of Pardon for Colin Ross.”
    @ 49m 19s
    April 06, 2024
  • Impact of the Pardon
    The pardon restored Elma's reputation and alleviated fears for Colin's family.
    “The pardon has also helped restore the reputation of Elma.”
    @ 50m 18s
    April 06, 2024
  • Colin's Funeral Service
    Colin's relatives held a funeral service, marking his long-awaited release.
    “Colin is at last set free; he is with his family once again.”
    @ 51m 21s
    April 06, 2024
  • Kevin Morgan's Discovery
    Kevin Morgan's research led to the exoneration of Colin Ross and raised new questions.
    “A big stain on the legal system has finally been expunged.”
    @ 51m 41s
    April 06, 2024
  • The Mysterious Letter
    An anonymous letter claimed Colin was innocent, revealing the real killer's torment.
    “You have been condemned for a crime which you never committed.”
    @ 01h 03m 12s
    April 06, 2024

Episode Quotes

  • It sounded as if she was being dragged somewhere close.
    A condemned man's denial of guilt raises questions about the truth (Part 2/2)
  • Florence put her personal feelings aside to reveal what she knew.
    A condemned man's denial of guilt raises questions about the truth (Part 2/2)
  • I am innocent and if they hang me they will hang an innocent man.
    A condemned man's denial of guilt raises questions about the truth (Part 2/2)
  • My boy is as innocent as me.
    A condemned man's denial of guilt raises questions about the truth (Part 2/2)
  • A pardon means I am forgiving you for something you have done.
    A condemned man's denial of guilt raises questions about the truth (Part 2/2)
  • The meeting altered Alma's course; she diverged from her route.
    A condemned man's denial of guilt raises questions about the truth (Part 2/2)

Key Moments

  • Colin's Innocence36:34
  • Public Support37:00
  • Final Farewell39:26
  • Discovery of Evidence46:31
  • Pardon Granted49:19
  • Family Relief49:33
  • Funeral Service51:03
  • Mysterious Letter1:03:12

Words per Minute Over Time

Vibes Breakdown