Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1889-02-23

the room, an I was a-sittin' outside Il, an
when he comes ont be falls over me-
Crown Prosecutor-Were you asleepl
Witness-Not blessed wink
Calton then directed Sebastian Brown to
be called, who deposed:
know the prisoner He Il q member Of
the Melbourne club, at which am a waiter
remember Thursday. 18th July. On that
night the last witness came with a letter to
the prisoner. It was about q quarter to u.
She just gave it to me, and went away
delivered it to Mr. Fitzgerald He left the
club at about ten minutes to /
This closed the evidence for the defense,
and after the crown prosecutor had made his
speech, in which he pointed out the strong
evidence against the prisoner, Calton arose to
address the jury. He was fine speaker,
and made splendid defense. Not single
point escaped him. and that brilliant piece Of
oratory is still remembered and spoken OF
admiringly in the purlieus Of Temple court
and Chancerv lane.
He began by giving vivid description of
the circumstances of the murder--of the
meeting of the murderer and his victim in
Collins street East-the cab driving down to
81 Kilda the getting out OF the cab Of the
murderer after committing the crime-and
the way in which he had secured himself
against pursuit Having thus enchained the
attention of the jury by the graphic manner
in which he described the. crime, he pointed
out that the evidence brought forward by
the prosecution was purely circumstantial,
and that they had utterly failed to identify
the man who entered the cab with the pris
oner in the dock The supposition that the
prisoner and the man In the light coat being
one and the same person rested solely upon
the evidence Of the cabman, Royston, who.
though not Intoxicated. was, judging from
his own statements, not In a ft state to dis
tinguish between the man who hailed the
cab and the man who got in The crime was
committed by means Of chloroform. there
fore, II the prisoner was guilty. he must have
purchased the chloroform in some shop or
obtained it from some friends At all events,
the prosecution had not brought forward
single piece Of evidence TO show how and
where the chloroform was obtained. With
regard to the glove belonging to the muir
dered man found in the prisoners pocket, be
picked it up of the ground at the time when
be first met Whyte, when the deceased was
lying drunk near the Scotch church Ger
tainly there was no evidence to show that
the prisoner had picked it up before the de
hand. there was no evidence to show that it
had been picked up in the cab. 1t was far
more likely that the glove. and especially
white glove. would be picked up under the
light Of the lamp near the Scotch church,
where II was easily noticeable, than in the
darkness Of q cab, where there was very little
room, and where it would be quite dark, as
the blinds were drawn down The cabman.
ek>N L. -
got out OF his cab on the st. Kilda road wore
diamond ring on the for6nger OF his right
hand, and the caoman. Rankin. swore to the
same thing about the man who got out at
Powlett street. Against this could be placed
the evidence Of one Of the prisoners most
intimate friends-one who had seen him
almost daily for the last fve years, and be
had sworn positively that the prisoner never
was in the habit Of wearing rings The cab
man. Rankin, had also sworn that the man
who entered bis cab on the St Kilda road
alighted ct Powiett street, East Melbourne,
at O'Clock on Friday morning. as he heard
that hour strike from the postoffice clock
whereas the evidence OF the prisoners land
lady showed plainly that he entered the
house Eve minutes previously, and her evi
dence was further supported by that of the
matchmaker, Dendy Mrs Sampson saw the
hand OF her kitchen clock point TO five min
utes to 2, and. thinking it was ten minutes
slow told the detective the prisoner did not
enter the house till five minutes past Q, which
would just give the man who alighted from
the cab. presuming him to have been the
prisoner, sufficient time to walk up TO his
lodgings The evidence of the matchmaker,
Dendy. however. showed clearly that he had
put the clock right at the hour of s
on Thursday night, that it was impossible
for it to gain ten minutes before on Fri
day morning, and. therefore. the time. Eve
minutes to .. seen by the landlady. was
the correct one. and the prisoner was in the
house Eve minutes before the other man
slighted from the cab in Powlett street