Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1889-02-16

lie flushed up TO the roots OF MS ra1r na1r, Tor
he felt his degradation acutely. He was an
Intensely proud man, and to be placed in the
criminal dock, with lot of frivolous peopis,
who had called themselves his friends, look
ing Ct Ei,l c5 though he were Q new actor or
4 wild c..igaal, was gazing in tie extreme.
lie wes dressed in biac.s, ard locked pale and
wan. but ell tie ladies' declared that he was
Is good looking as ever, end they were sure
he was innocent.
The Jury vas sworn in, and the crown
prosecutor ercso to deliver his opening ad
Lress.
He gavo rac.d s,-eeca OF the crime, which
YVES merely q repetition OF what had been
published il the rews2a2crs, and then pro
ceeded to eaunerate the witnesses who could
prove the prisoner guilty. He would c;.ll
the landlady of the deceased to show that i'll
blood existed between the prisoner and the
murdered man, and that tho accused had
called on the deceased q week prior to the
coinmittal of the crime and threatened his
life. tI'ilere was great excitement at this,
and several ladies decided, Oh the spur of
the moment, that the horrd man was
guilty, but tie majority of tho female
spectators still refused to believe IN the
guilt of such good looking young
feilow) He would call witness who could
prove that Whyte was drunk on the night OF
the murder, and went along Russell street. il
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 a shcrt time returned and entered
the cab with the deceased. He would also
prove that the prisoner left the cab at tho
grammar school in the ST. kilda road, and
or the arrival Of the cab at the junction
he discovered the deceased had been muir
dered The cabman Rankin would prove
that he drove the prisoner from the st.
Kilda road to Fowlett 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 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 rive evidence that the death
was caused by Inhalation Of chloroform. As
he had now fully shown the chain of evil
dence which he proposed to prove, he would
call tho 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. Eilda police station with
tho 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-l ara.
Caltoa-You are quite certain!
Witness-Yes; quite certain.
Calton-Do yol then recognize the prisoner
as the man who hailed the cab!
Witness Giesitatingly)-I cannot swear to
that The gentleman who hailed the cab had
his hat pulled down over his eyes, so that
could not see his face: but the height and gen.
cral 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 same!
Wlssess--It never struck me for a 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 yon notice any difference in
his voicel
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 tindignantlyl-Yes quite sober.
Calton-Ah You did not have a drink,
say at the Oriental hotel, which, l believe is
near the rank where your cab standss
Witness (hesitating)-Well, l might have
had a glass.
Calton-So you might; you might have
had several.
Witness tsulkilyl-Well, there's no law
against cove feeling thirsty.
Calton-Certainly not; and l suppose you
took advantage of the absence of such law.
Witness (defiantly)-Yes, did.
Calton-And you were elevateds
Witness-Yes, on nay cab. tLaughter.]
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 drnki
Vitness--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, I didn't; there was no rea,
son why should didn't know a murder
was going to be committed.
Calton-And it never struck you it might
be n different man?
Witness-No, l thought it was the same
man tho whole time.
This closed Rovston'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 2 on Friday morn
ing, and driven him to Powlett street. East
Melbourne In the cross-examination Calton
elected one point in the prisoners favor.
Calton-Is the prisoner the same gentleman
you drove to Powlett street,
Witness tconfidently)-Oh,y yes
Calton-How do you knowl Did you see
his facet
Witness-No his hat was pullaSi down ooer