He would call the landlady of the deceased to show that ill-feeling
existed between the prisoner and the murdered man, and that the accused
had called on the deceased a week prior to the committal of the crime,
and threatened his life. (There was great excitement at this, and
several ladies decided, on the spur of the moment, that the horrid man
was guilty, but the majority of them still refused to believe in the
guilt of such a good-looking young fellow.) He would call a witness who
could prove that Whyte was drunk on the night of the murder, and went
along Russell Street, in 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 short time, returned and entered the cab
with the deceased. He would also prove that the prisoner left the cab
at the Grammar School, in the St. Kilda Road, and on the arrival of the
cab at the junction, he discovered the deceased had been murdered. The
cabman Rankin would prove that he drove the prisoner from the St. Kilda
Road to Powlett Street in East Melbourne, where he got out; and he
would call the prisoner's 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 two o'clock. He would also call the
detective who had charge of the case, to prove the finding of a 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 give evidence that the death was caused by
inhalation of chloroform. As he had now fully shown the chain of
evidence which he proposed to prove, he would call the 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 arrival at the
St. Kilda Police Station with the dead body of Whyte. In the
cross-examination, Calton asked him if he was prepared 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: I am.
CALTON: You are quite certain?
WITNESS: Yes; quite certain.
CALTON: Do you then recognise the prisoner as the man who hailed the
cab?
WITNESS (hesitatingly): I cannot swear to that. The gentleman who
hailed the cab had his hat pulled down over his eyes, so that I could
not see his face; but the height and general 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?
WITNESS: It never struck me for a minute that they were not the same.
Besides, he spoke as if he had been there before. I said, "Oh, you've
come back," and he said, "Yes; I'm going to take him home," and got
into my cab.
CALTON: Did you notice any difference in his voice?
Public-domain text, read in full here on John Shaqi.
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