The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1889-02-28

~, ~ mn ~erS elons nu7se ~, seleet' IN
me oiIectlon Oh Coulns s.Lee';, tne ,saDln !,
hcy.son coeid wei 70 tne tsc. tnAt We
PIlsonsr mn nA.is !, wy ~. aAa atsSr eOlne
.Way LOT .no,S 'l,ne IoSeIns - ano en'eIeo
tne CAP Win tne oeceaaSd ne WoIld also
prove tnae me; PIlsoner lsiS .1s CAP ~ tne
grammar scnCoi IN tne % AhoA road, sno
On tne Arrival OF tne cao o. me lunctloo
Se a''o0T ma ~ oe0T 1l nAn oSen LnuI-
IereI me caDmAn Isankn wouio Pfcve
ynns NO grove tnS PRISONER from tne %
Hli1A [oao 70 EoWle" seIee' IN EASs
' sOs "It Ho
Ne Mouiu caiI tne PrIsons 1nusoy
WPlV'e sals .ne PfisoneI LSs,os1 IN ~ EoMlsSe
Stt, enu snAt " sno N :. W a.rl
ne nA1 nov TeAcneI nono III Snoruy eIUeI
OsioSA' ne "ouiu ~ cal eno u,socel.o
~ 'n ,a !. sn.S; p,o $500 - III =
ing ~ = sloVe Oe1onstn6 " me oeceA.oo IN
the Pockes OF tne coat winch the prisoner
WoLe On me hIgns Oh .ne muroer ana tne
oocOor VINO nad examined tne Dody OF tne
oeceased wouio giVe evloencS mat tne aeAtn
va cansea oy lnnAlI1on o. cnlo.oLorm A
dence which he propOsed 70 prove, he would
call the nrst witness, Malcolm RoySton.
Royston, on being sworn, gave the same
evidence as he had gwen at the inquest, nom
the time that the CAP was hailed up 70 MS ar
rlVal AZ the 81 klldA ponce station Win
the dead body OF Whyte In the cross e.
animation, Cation asked him II ne was pre-
pared TO swear that the man who hailed the
cab, and the man who got In with the
deceased, were one and tho same person.
WitnessEL am
Calson-fou are quite certAinf
Witness-Yes; quite certain.
Calton-Do you then recognise the prisoner
% the man who hailed the cabf
witness thesitatngiy)-l cannot swear %
that The gentleman who hailed the cab bad
his hat pulled down over his eyes, 90 that l
could not rec hisface; 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 the
prisoner on that night that you thought they
Wero both the samef
Witness-It never struck me for q minute
that they were not the same; besides, he spoke
% II be bad been there before. Isaid-"Oh,
you've come back, and be Said-"Yes; I'm
going TO take him home" and got into my
cab
CNIoh-Dlo you notico any olHerenco IN
MS YoiceI
"ltneS-No' eAcePt tnat tE nTsS ume
second time ne came oacN' very low
Calton-fou were sober. l supPosef
wines undSnantly1-Hes;q uite sooer.
Caioon-AnI lou did not nave hrink'
fay Mtne orientai hotei' "nicn' oeheVe' Is
near tne rang Wnere your cao stahdsi
WINES tnesltaIln9I-"eh' might nave
had glass
Caibon-no you might; you might nave
naa several
witness 1sulkiiy)-Weil, there's no law
against cove teeLng thirsty.
Calton-Certainly not; and suppose you
took advantage OF the aosence OF snch law.
witness Cdenantly)-Hes, did
Calton--And you were eleVatedt
Witness-fes' on NY cab. tLauShter1
Cation Isevereiy)-fou are mere TO give
evidence, sir, not to make jokes, however
clover they may be. Were you or were you
not slightly the worse for drink
Witnes-I might have been.
Calton-So you were in such condition
that you did not observe very closely the
man who hailed youl
Witness-No, didn't; there was no rea-
son why should; didn't know . murder
was going to be committed.
Calton-And It never struck you Il might
be different mani
Witness-No, thought 1t was the same
man the whole time
This closed Royston's evidence, and Cation
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 betrnying himself.
Clement Rankin, the next witness, deposed
70 having picked IN the prisoner on the st,
KildA road, between and . on Friday morn
ing, and driven him to Powlett street, East
Melbourno. In the cross.examiuation Gallon
ELECTED one poIut In tho prisorer's favor
Calton-Is the prisoner the same gentleman
you drove to Powlett street,
Witness icoufidentlvl-Oh. yesL
Calton-How do you lnowl Did you zee
his facet
witnes-No, his hat was pulled down over
bis eyes, and could only see the ends Of his
mustache and his chin, but he carried him
solf the Same a. the prisoner, and his mus
tache Is the same light color.
Calton-When you drove up to him on the
81 Kilda road, where was be and what was
he doingi
witneS-He was near tho grammar school,
walking quickly in the direction Of Mel.
bourne, and was smoking q cigarette.
Calton-Had he gloves ont
witneS-Yes, one on the left hand, the
other was bare
Calton-Did be wear any rings on the right
handl
Witness-Yes, large diamond ono on the
forednger.
Caltou-Are you Surel
Witnsss-Yes, because thought 10 curl
Gus place for q gentleman TO wear . ring,
and when he was paying me my fare saw
the diamond glitter on his finger IN the
moonlight