Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1888-09-27

he had now fully shown the chain OF evil
dence which he proposed to prove, he would
call the first witness, Malcolm Royston.
Royston, on being sworn, gave the same
evidence as he had given at the inquest, from
the time that the cab was hailed up to his ar
rival at tho St Kilda police station with
che dead body Of Whyte In the cross ex-
animation, Cation asked him IL he was pre-
pared to swear that the man who hailed the
cab, and the man who got in with the
deceased, were one and the same person.
Witness-I am. ...
| Calton-You are quite certaini
Witness-Yes; quite certain
| Calton-Do you then recognize the prisoner
as the man who hailed the cabl
Witness hesitatingly)-I cannot swear to
that. Tho gentleman who hailed the cab had
his hat pulled down over his eyes, so that I
could not see his face; but the height and gen.
eral appearance Of the prisoner are the same.
Calton-Then it is only because the man
who got into the cab was dressed like the
prisoner on that night that you thought they
were both the samel
Witness-It never struck me for minute
that they were not the same; besides, he spoke
as IL he had been there before. said-"Oh,
1 JOu NO COIuO DuChS anu no IcoS III
going to take him home," and got into my
cab.
Calton-Did you notice any difference in
his voicei
Witness-No; except that the first time
saw him he spoke in loud voice and the
second time he came back, very low.
Calton-You were sober, supposed
Witness Gndignantly)-Y quite sober.
| Calton-Ah You did not have a drink,
say at the Oriental hotel, which, believe, is
near the rank where your cab stands'
Witness hesitating)-Well, might have
had glass.
Calton-So you might; you might have
had several.
Witness lsulkily-Well, there's no law
against cove feeling thirsty.
| Calton-C Certainly not and l suppose you
took advantage of the absence of such a law.
Witness (deiantly)-Yes, did
Calton--And you were elevatedf
! Witness-Yes, on MY cab. [Laughter.l
Calton tseverely)-You are here to give
evidence, sir, not to make jokes, however
clever they may be. Were you or were you
not slightly the worse for drinkl
Witness-I might have been.
Calton-So you were in such q condition
that you did not observe very closely the
man who hailed you?
Witncss-No, didn't; there was no .'ea-
son why should; didn't know o mur,er
was going to be committed.
Calton-And it never struck you it might
be different man?
Witness-No, thought it was the same
man the whole time.
This closed Royston's evidence, and Calton
sat down very dissatisfied at not being able
| to elicit anything more definite from him
One thing appeared clear, that some one
must have dressed himself to resemble Brian,
and spoke in low voice because he was
afraid of betraying himself.
Clement Rankin, the next witness, deposed
to having picked up the prisoner on the St.
Kilda road, between and on Friday morn
ing, and driven him to Powlett street, East
Melbourne In the cross-examination Calton
| elicited one point in the prisoners favor.
Calton-1s the prisoner the same gentleman
you drove to Powlett street?
Witness (confdently)-Oh, yes.
Calton-How do you knowa Did you see
his face?
Witness-No, his hat was pulled down over
his eyes, and could only see the ends of his
mustache and his chin, but he carried HIM
self the Same as the prisoner, and his mus
tache is the same light color.
Calton-When you drove up to him on the
st. Kilda road, where was he and what was
he doingf
Witness-He was near the grammar school,
walking quickly in tae direction of Mel
bourne, and was smoking cigarette.
Calton-Had he gloves on?
Witness-Yes, one on the left hand, the
other was bare.
Calton-Did he wear any rings on the right
| hand?
Witness-Yes, large diamond one on the
forefnger .....
Calton-Are you sure? .....
Witness-Yes, because thought it curl
| GUS place for q gentleman to wear a ring,
and when he was paying me my fare saw
| the diamond glitter on his finger in the
| moonlight. ......
Calton-That will do.
The counsel for the defense was pleased
with this bit of evidence, as Fitzgerald de-
tested rings and never wore any; SO he made
a note of the matter on his brief
| Mrs. Hableton, the landlady of the de-
ceased, was then called and deposed that
two months. He seemed a quiet enough
young man, but often came home drunk.
The only friend she kncv ne had was Mr..
Moreland, who was often with him. On the
18th of July, the priscrer called to see Mr..
Whyte, and they had a quarrel. She heard
Whyte say, "She is mino, and you can't do
anything with her." and the prisoner an
swered, II can kill you, and if you marry
| her will do SO in tho open street." She had
| no idea at the time Of the name of the lady
| they were ta.k:,. ihout. ~ ''.
There WIS II gru,S sensation in'the court at
| these words, and half the people present
| looked upon such evidence as being sufficient
in itself to prove tho guilt of the prisoner.
In cross-examinatiol Calton was unable to
| shake the evidence Of the witness, as she
merely reiterated the same statements over
and over again
The next witness was Mrs Sampson, who
cracked into the witness box, dissolved in
tears, and gave her answers in piercingly
shsill tone Of anguish. She stated that the
| prisoner was in the habit of coming home
early, but on the night Of the murder had
come in shortly before O'Clock
Crown Prosecutor referring to his brief>--
You mean after q
Witness-Avin' made q mistake once by
| Sayna five minutes after 9 to the police.
| man as called himself a insurance agent,
which g put the words into my mouth,
amt a-goin' to do so again, it bein' five min
utes afore g as can swear to-
Crown Prosecutor--You are sure your
clock was right
Witness-It admit been. hut nv nevvv