washed up.”
By the time the trial of Paul Kelly began, the press, the public and friends and family of Ray Raymond were on tenterhooks. The first day got off slowly, with Kelly’s attorney announcing that anyone hoping for scandal was in for a great disappointment. “The trial will turn out to be very humdrum,” he announced, though anyone who saw Dorothy Mackaye pass by the back of her lover and touch him gently on the shoulder would not have been so sure.
The next day things became even less humdrum when the jurors and Kelly himself were escorted to 2261 Cheremoya Avenue where the scene of the crime took place. Kelly was visibly uneasy at being back in the house, silently following the jurors from room to room, with who-knows-what going on in his mind. At one point he encountered the maid Ethel Lee with the family dog, although his attempts to speak to her were thwarted when he was moved on by his accompanying attorney. By the time he left, spectators outside described him as “pale” and “glad to be out” as he was led back into the waiting police car.
Back in the courtroom, Wagner, the surgeon who had performed the autopsy on the body of Ray Raymond, was called to the stand. There he gave the crushing evidence that not only did he see two injuries on the victim’s forehead, but also a black eye, a haemorrhage on the left side of his head and bruises all over his right shoulder, left arm, legs and chest. Gasps were heard when it was also declared that he had found both fractured and cracked ribs on the body, and the defence shuffled uncomfortably when the doctor proclaimed that the bruises and broken ribs could have been caused by crashing blows or kicks.
Questioning the doctor, Kelly’s attorneys tried to determine whether the cause of death could in fact have just been Raymond’s apparent alcoholism and, in particular, a problem with his heart.
“No,” replied the doctor. “His heart and other organs were normal, with the exception of the kidneys which were fatty.”
The defence team, however, were not prepared to accept that Kelly had been in any way responsible for the singer’s death, and in their jury statement declared, “There was no murderous assault and young Kelly struck him just enough to end things and then went on his way. No blows were struck sufficient to produce death and Kelly used no more force than was necessary.”
Still, in spite of the defence team’s efforts, it became more and more apparent as the days went on that Kelly was not the innocent young man they were trying to portray him to be. Despite Mackaye’s denial of an affair, love letters between the actor and herself were reported to be in the hands of the district attorney and whispers that the two had been conducting a passionate affair were flying around the media. Things were made no better when Ethel Lee took to the stand and said once again that when Raymond was out of town, Kelly was often at the house, and that if Mackaye ever failed to come home from work, she could always be found by telephoning Kelly’s apartment.
The defence team were incensed that such information had come to light, and Kelly blushed and sweated his way through the damning evidence, while women in the gallery were seen dramatically wiping tears from their faces.
“How many times did she fail to come home at all during Raymond’s absence with his theatrical company?” the maid was asked.
“There were many times,” she replied, before adding that even when her employer did come home, it was almost always in the company of Paul Kelly. Furthermore, on the evening of the fight, just prior to Kelly’s arrival at the house, she had seen Raymond crying and his daughter was sitting next to him, wiping tears from his eyes with her handkerchief. “He appeared mentally ill,” she said.
Excitement came to the courtroom when Dorothy Mackaye took to the stand and explained that on the afternoon of 16 April, she had indeed been at Paul