Waterbury evening Democrat., 1888-12-17
TheMZSlal aHanSonCab
By FERGUS W. HUME.

prove that Whyte was drunk on the night of the murder, and went along Russell street, in the direction of Collins street: the cabman Royston could swear to the fact that the prisoner had hailed the cab, and after going away for short time returned and entered the cab with the deceased. He would tSso prove that the prisoner left the cab at the grammar school in the St. Kilda road and on the arrival of the cab at the junction he discovered the deceased had been mur- dered. The cabman Rankin would prove that he drove the prisoner from the St. Kilda road to Powlett street in East Melbourne, where he got out, and he would call the prisoners landlady to prove that the prisoner resided in Powlett street, and that on the night of the murder he had not reached home till shortly after o'clock. He would also call the detective who had charge of the case, to prove the find ing of a glove belonging to the deceased in the pocket of the coat which the prisoner wore on the night of the murder; and the doctor who had examined the body of the deceased would give evidence that the death was caused by inhalation of chloroform. As he had now fully shown the chain of evi- 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 the St, Kilda police station with the dead body of Whyte. In the cross ex- animation, Cation asked him if 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
 Ealton-You are quite certainG
 Witness-4es; quite certain.
 Calton-Do you then recognize the prisoner as the man who hailed the cab?
 Witness Qhesitatingly)-I cannot swear to that The gentleman who hailed the cab had his hat pulled down over his eyes, so that eoald not see his face; but the height and gen. eral appearance of the prisoner are the same.
 Calton-Then 1t Is only because the man who got into the cab was dressed like ths prisoner on that night that you thought they were both the same9
 Witness-It never struck me for minute that they were not the same; besides, he spoke as if he had been there before. said-"Oh, you've come back, and he said-"Yes; I'm going to take him home," and got into my cab.
 Calton-Did you notice any difference in his voicel
 Witness-No; except that the first time I saw him he spoke in loud voice and the second time he came back, very low.
 Calton-You were sober, I suppose7
 Witness Indignantly quite sober.
 Calton-Ah! You did not have drink, say at the Oriental hotel, which, believe, Is near the rank where your cab standss
 Witness (hesitating)-Well, might have had glass.
 Calton-so you might you might have had several.
 Witness Csulkily>-Well, there's no law against cove feeling thirsty.
 Calton-Certainly not; and I suppose you took advantage of the absence of such a law.
 Witness (defiantly)-Yes, I did.
 Calton-And you were elevated3
 Witness-Yes on my cab. [Laughter.1
 Calton (severely)-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 drink2
 Witness-I might have been.
 Calton-So you were in such condition that you did not observe very closely the man who hailed youi
 Witness-No, didn't; there was no req son why I should; didn't know murder was going to be committed.
 Calton-And it never struck you 1t might be different mani
 Witness-No, thought 1t was the same man the whole time.
 This closed Roystons 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-Is the prisoner the same gentleman you drove to Powlett streeti
 Witness (confidently)-Oh,y yes.
 Calton-How do you know9 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 l St. Kilda road, where was he and what was he doing2
 Witness-He was near the grammar school, walking quickly in the direction of Mel bourne and was smoking a cigarette.
 Calton-Had he gloves ona Witness-Yes, one on the left hand, the other was bare.
 | St11OA-b1u 0SS1A duJ rugs O1A GL0 HE uA hands
 Witness-Yes, large diamond one on the foreinger.
 Calton-Are you sure?
 Witness-Yes, because thought 1t curi ous place for gentleman to wear a ring and when he was paying me my fare I saw the diamond glitter on his finger in the moonlight
 Cafton-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 tha Oliver Whyte had lived with her for nearly two months He seemed a quiet enougi young man, but often came home drunk The only friend she knew he had was MT Moreland, who was often with him: On th' 14th of July, the prisoner called to see MT Whyte, and they had @ quarrel. She heart Whyte say, ''She is mine, and you can't d. anything with her," and the prisoner an swered, "I can kill you, and if you marr. her will do so in the open street." She hat no idea at the time of the name of the lad, they were talking about.
 There was great sensation in the court a
 these words, and half the people presen