Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1888-09-09

I saw him be spoke in q loud voice, ana
the second time he came back, very low.
Cation: You were sober. suppose!
Witness Indignantly: Yes; quite SOBER
Cation: All! you did not have dnnk,
say at the Oriental Hotel, which, believe
Is near the rank where your cab stands!
Witness (hesitatingly): Well, mign'
have bad q glass.
Cation: SO you might; you might nave
had several.
Witness (sulkily): Well, there's no ia"
against q cove feeling thirsty.
Cation: Certainly not; and suppose you
took advantage of the absence OF suen D
law? -,
Witness (defaptly): Yes; I did.
Cation: And You were elevated.
witness: Yes; on my -(Lsugnter).
Cation (seyerely): You are here to give
evidence, sir, not to make jokes, however
clever they be. Were you, or were you
not, slightly the worse for drink!
Witness; might have been. ,.,,
cation: So Won were in such n condition
that Won did not observe very closely the
man who hailed you?
Witness: No, didn't-there was no rea-
son WHY should-I didn't know MUIR
der was going to be committed. :.
Cation: And il never struck you IL
might be a different man?
witness: No, thought it was the same
man the whole time.
This closed Royston's evidence, and Cal
ton sat down very dissatisfied at not oeing
able to elicit anything more definite rom
him. One thing appeared clear, that some
one must have dressed himself TO resem-
ble Brian, aud spoke In a low voics, De-
cause he was afraid of betraying himself.
Clement Rankin, the next witness, de-
nosed 10 having picked mp the prisoner on
the st. Kilda Road, between one ana TWO
on Friday morning, and driven MIN 10
Street, East Melbourne. In tne
cross examination, Cation elected one
point in the prisoners favor.
Cation: Is the prisoner the same gentle
man Won drove to Powlett STREET.
Witness confidently: Oh, yes.
Cation: How do You know? Did you
see bis face? ,.u,
Witness: No, his hat was pulled Gown
over his ewes, and could only see the
ends of his mustache and his chin, nut 10
carried himself the same as the prisoner
and his mustache is the same iight coiof'
Cation: When you drove up to him on
the st. Kilda Road, where was no, ana
what was he doing?
witness: He was near the Grammar
School, walking quickly in the direction
of Melbourne, and was smoking cigar
cite.
Cation: Had he gloves on?
Witness: Yes, one on the lett hand' the
other was bare. ~,
Cation: Did he wear any rings on the
right hand? ,.
the fore6uger.
Gallon: Are You sure!
Witness: Yes, because / thought it
curious place for a gentleman 70 wear
ring. and when he was paying me my iare'
| ga W the diamond glitter on his finger IN
the moonlight.
Cation: That will do. g,
The counsel for the defence was pleased
with this bit of evidence, as Fitzgerald
detested rings and never wore any: 10 ne
made a note of the matter on his brief.
Mrs. Hsb!eton, the laudlady OF the de-
ceased, was then called, aud deposed that
Oliver WHITE had lived with her for nearly
two months. He seemed quiet enough
Young man, but often came home drunk.
The only friend she knew he had was Mr..
Morelsnd, who was often with him. On
the 14th July, the prisoner called to see
Mr.. WHITE, and they had a quarrel. She
heard WHITE cav, :'She is mine, you can
DO ANYTHING with her," and the prisoner
81 can kill you, and ii you
marry her will do so in the open street. "
She had no idea at the time OF the name
of tne lady they were talking about.
There was a great sensation in the court
AZ these words, and half the people pres
edit looked upon such evidence ~ being
sufficient in itself to prove the guilt OF the
prisoner.
In cross-examinatiou, Cation was unable
10 shake the evidence Of the witness, az she
reiterated the same statements over
and over again.
The next witness was Mrs. Sampson,
who cracked into the witness box, dis
solved in tears, and gave her answers III
piercinply shrill tone of anguish. She
stated that the prisoner was in the habit OF
coming home early, button the night OF the
murder, had come in shortly before two
D clOck.
Grown Prosecutor referring to his brief:
on mean after two.
Witness: AVN made mistake once,
BY saving five minutes after two to the
policemau as called himself insurance
agent. which g put the words into my
amt a goin' to do 30 again, 1t
bein' five minutes afore two, AZ can swear
TO.
Crown Prosecutor: You are sure your
clock was right?
Witness: 1t 'adn't bin, but my nevvy
bein' matchmaker, called unbeknown to
me, aud made it right on Thursday night
which it was Friday mornin' when Mr.
came 'ome.
Mrs. Sampson brsvely stuck to this
and ultimately left the witness
box in triumph, the rest Of her evidence
being comparatively unimportant as COM
pared with this point Of time. The wit
ness Rankin, who drove the prisoner to
Powlett Street las sworn to by HIM was
recalled, and gave evidence that it was two
o'clock when the prisoner got down from
his cab in Powlett Street.
Crown Prosecutor: How do you know
that?
Witness: Because l heard the postofice
clock strike.
Crown Prosecutor: Could you hear it at
East Melbourne.
Witness: 1t was very still night, and l
heard the chimes and then the hour strike
quite plainly.
This conflicting evidence as to time was
4 strong point in Brian's favor. II, as the
andlady stated, on the authority OF the
kitchen clock, which had been put right on
the day previous to the murder, Fitzger-
aid had come into the house at five min
ntes TO two, he could not possibly be the
man who had alighted from Rsnkin's cab
1t two o'clock at Powlett Street.
The next witness was DR.. Chinston, who
,wore to the death of the deceased by
means of chloroform administered in large
quantity, and be was followed by Mr..
Sorby, who 6eposed as to the finding OF
The glove belonging to the deceased in the