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

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

Case 278: Alma Tirtschke

*** Content Warning: Extreme sexual violence, captivity ***

[Part 2 of 2]

Colin Ross maintained his innocence for the murder of Alma Tirtschke right up until his execution. Could he have been telling the truth?

Listen to part 1 here: https://youtu.be/Mrg1QCXrHhU

CREDITS

Narration – Anonymous Host Research & writing – Milly Raso Creative direction – Milly Raso Production and music – Mike Migas Music – Andrew D.B. Joslyn

SOCIAL LINKS

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RESOURCES

For all credits and sources, please visit https://casefilepodcast.com/case-278-alma-tirtschke-part-2

Brief Summary

The episode covers the wrongful conviction of Colin Ross for the 1921 murder of Alma Turki, highlighting witness inconsistencies and a later exoneration.

Key points

The Haunting Scream. Joseph Graham hears a terrifying scream that leads to a murder investigation.
Colin Ross's Alibi. Colin's family provides an alibi, but doubts arise about witness testimonies.
Florence's Revelation. A woman named Florence comes forward with crucial information about the case.
Colin's Final Moments. Colin Ross expressed gratitude to his family before his execution.
A Mother's Fight for Justice. Edie Ross campaigned tirelessly for her son's innocence, gathering support from the public.
A Shocking Discovery. Kevin Morgan found crucial evidence that could exonerate Colin Ross years later.

Episode highlights

Episode quotes

There was no indication that the saloon or its back room had been cleaned.

Details about the crime scene after the alleged murder.

8:23WatchApr 6, 2024

Tension

75/ 100High tension

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