Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1889-02-16
ualson--rid he wear any rings on tas right

CaIton-rid he wear any rings on ths right
hand7
Witness-Yes, large diamond one On the
forefnger.
Calton-Are you surei
Witness-Yes, because thought It curl.
ous place for gentleman to wear ring,
and when he was paying me my fare saw
the diamond glitter on his finger In the
moonlight.
Calton-That will do.
The counsel for the defense was pleased
with this bit of evidence, as Fitzgerald de-
tested rings and never wore any; 30 he mads
a note of the matter on his brief.
Mrs. Hableton, the landlady of the de-
ceased, was then called, and depcsed that
Oliver Whyte had lived with her for nearly
two months He seemed q quiet enough
young man, but often came home drunk.
The only friend she knew be had was Mr..
Mcreland who was often with him On the
18th of July, tho prisoner called to see Mr..
Whyte, and they had quarrel She heard
Whyte say, tsShe is mine, and you can't do
anything with her." and the prisoner an
swered, II can kill you, and II you marry
her will do SO in the open street" She had
no idea at the time Of the name ef the lady
they were talking about
There was great sensation in the court at
these words, and half people present
looked upon such evide.lcs a. being sufficient
in itself to prove the guilt Of the prisoner.
In cross-examination Calton was unable to
shake the evidence of the witness, as she
merely reiterated the same statements over
and over again
The next witness was Mrs. Sampson, who
cracked into the witness box, dissolved in
tears, and gave her answers in a piercingly
shrill tone Of anguish. She stated that the
prisoner was in the habit of coming home
early, but on the night Of the murder had
come in shortly before 2 o'clock.
Crown Prosecutor referring to his brief)-
You mean after 9.
Witness-'Avin' made a mistake once by
saying Eve minutes after 2 to the police
.uan as called himself q insurance agent,
amt a-goin to do so again, it bein' five min
utes afore Q, as can swear to.
Crown Prosecutor-You are sure your
clock was right
Witness-It 'adnt been, but my nevvy
bein' a matchmaker called unbeknown 10 me
and made it right on Thursday night, which
it was Friday mornin' when Mr.. Fitzgerald
came ono.
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 him was recalled and gave evil
de.ice that 1t was O'Clock when the pris-
oner got down from his cab in Powlstt
street
1 Crown Prosecutor@Iiow do you know
thatf
Witness-Because 1 heard the postofice
clock strike
Crown Prosecutor-Could you hear it at
East Melbournei
Witness-It was a very still night, and l
heard the chimes and then the hour strike
quite plainly
This conflicting evidence as to time was
strong point in Brians favor. II, as tho
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 2,
be could not possibly be the man who had
alighted from Rankin's cab at 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 guam
tity, and he was followed by Mr.. Gorby, who
ieposed as to the finding Of the glove belong
ing to the deceased in the pocket Of the pris-
,ner'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 q
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 of
his light coat, saying he felt warm, and went
nut shortly afterwards, leaving witness
,sleep in the bar He was awoke by the bar
man, who wanted him to leave the hotel He
Jaw that Whyte had left his coat behind him,
and took it up with the intention Of giving it
10 him AS he stood in the street some one
snatched the coat from him, and made of
with it. He tried to follow the thief, but
be could not do 80, being too intoxicated. He
then went home and to bed, as be had 10
cave early for the country In the morning.
In cross-examination:
Calton-When you went into the street,
after leaving the hotel, did you see the de-
ceased?
Witness-No, did not; but wns very
drunk, and unless deceased had spoken to
me, would not have noticed him
Calton-What was the deceased excited
about when you met hirni
Witness-I don't know. He did not say.
Calton-What were you talking abouti
Witness-An sorts Of things; London prin-
sipaily.
Calton-Did the deceased mention anything
about papersl
Witness (surprised)-No, he did not.
Calton--Are you surei
Witness-Quite sure
Calton-What time did you get hcmet
Witness-I don't know. was too drunk
10 remember.
This closed the case for the crown, and -
It was now late, the court was adjourned till
the next day. The court was soon emptied
Of the busy, chattering crowd, and Calton,
Al>A ~