Waterbury evening Democrat., 1888-12-15

man as called himself a insurance agent. which e put the words into my mouth, ain't a-ssoin' to do so again, it bein' five min utes afore ?, as can swear to-
 Crown Prosecutor-You are sure your clock was right?
 Witness--It 'adn't been, but my nevvy bein a watchmalSer called unbeknown to me and made it right on Thursday night, which it was Friday mornin' when Mir Fitzgerald came 'omo.
 Mrs Sampson bravely stuck to this state ment, and ultimately left the witness box in triumph, the rest of her evidence being com paratively unimportant as compared with this point of time. The witness Rankin. who drove the prisoner to Powlett street las sworn to by himl, was recalled and gave evil derce that it was ? o'clock when the pris- oner got down from his cab in Powlett street.
 Crown Prosecutor-How do you know thata
 Witness-Because I heard the postoffice clock strike.
 Crown Prosecutor-Could you hear it at East Melbournea
 Witness-It was very still night, and heard the chimes and then the hour strike quite plainly.
 This conflicting evidence as to time was strong point in Brian's favor If, as the landlady stated, on the authority Of the kitchen clock, which had been put right on the day previous to the murder Fitzgerald had come into the house at five minutes to 9, he could not possibly be the man who had alighted from Rankin's cab at 2 o'clock at Powlett street.
 The next witness was Dr. Chinston, who swore to the death of the deceased by means of chloroform administered in large auan- I I~ox Fo1l lx- ~ deposed as to the finding of the glove belong ing to the deceased in the pocket of the pris- oner's coat.
 Roger Moreland, an intimate friend of the deceased, was next called. He stated that he had known the deceased in London and had met him in Melbourne. He was with him a great deal On the night of the murder he was in the Oriental hotel in Bourke street Whyte came in, and was greatly excited. He | was in evening dress. and wore light coat. They had several drinks together, and then | went up to hotel in Russell street, and had | some more drinks there. Both witness and | deceased were intoxicated. Whyte took off | his light coat saying he felt warm, and went out shortly afterwards, leaving witness asleep in the bar. He was awoke by the bar man, who wanted him to leave the hotel He saw that Whyte had left his coat behind him, and took it up with the intention of giving it | to him. AS he stood in the street some one snatched the coat from him, and made off with it. He tried to follow the thief, but l he could not do so, being too intoxicated. He then went home and to bed, as he had to l leave early for the country in the morning. | In croSS-examInatlon: 1 Calton-When you went into the street. after leaving the hotel, did you see the de- | ceased?
 | WitnesS-No, l did not; but I was very drunk, and unless deceased had spoken to me, would not have noticed him. l Calton-What was the deceased excited about when you met himf Witness-I don't know. He did not say.
 Calton-What were you talking about?
 Witness-All sorts of things; London prin- cipally
 Calton-Did the deceased mention anything about papers!
 Witness tSuFprised)-NO, he did not. Calton-Are you sures
 WitneSs-Quite sure.
 Calton-What time did you get homel
 WitnesS-I don't know. 1 was too drunk to remember.
 This closed the case for the crown, and as it was now late, the court was adjourned till the next day. The court was soon emptied of the busy, chattering crowd, and Calton, on looking over his notes, found that the | result or the 1lrSG day Crlal was two polnCS in favor of Fitzgerald. First, the discrep- ancy of time in the evidence of Rankin and the landlady, Mrs. Sampson Second, the evidence of the cabman, Royston, as to the wearing of a ring on the forefnger of the right hand by the man who murdered Whyte, whereas the prisoner never wore rings.
 These were slender proofs of innocence to put against the overwhelming mass of evil dence ill favor of the prisoners guilt The opinions of all were pretty we'll divided some being in favor and others against, when suddenly an event happened which surprised every one. All over Melbourne extras were
 posted and the news passed from lip to liz
 like wildfire: Return of the missing wit
 ness Sal Rawlins"