WITNESS: No; except that the first time I saw him he spoke in a loud voice, and the second time he came back, very low. CALTON: You were sober, I suppose? WITNESS (indignantly): Yes; quite sober. CALTON: Ah! You did not have a drink, say at the Oriental Hotel, which, I believe, is near the rank where your cab stands? WITNESS (hesitating): Well, I might have had a glass. CALTON: So you might; you might have had several. WITNESS (sulkily): Well, there's no law against a cove feeling thirsty. CALTON: Certainly not; and I suppose you took advantage of the absence of such a law. WITNESS (defiantly): Yes, I did. CALTON: And you were elevated? WITNESS: Yes; on my cab.--(Laughter.) 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 drink? WITNESS: I might have been. CALTON: So you were in such a condition that you did not observe very closely the man who hailed you? WITNESS: No, I didn't--there was no reason why I should--I didn't know a murder was going to be committed. CALTON: And it never struck you it might be a different man? WITNESS: No; I thought it was the same man the whole time. This closed Royston's evidence, and Calton sat down very dissatisfied at not being able to elicit anything more definite from him. One thing appeared clear, that someone must have dressed himself to resemble Brian, and have spoken in a low voice for fear of betraying himself. Clement Rankin, the next witness, deposed to having picked up the prisoner on the St. Kilda Road between one and two on Friday morning, and driven him to Powlett Street, East Melbourne. In the cross-examination, Calton elicited one point in the prisoner's favour. CALTON: Is the prisoner the same gentleman you drove to Powlett Street? WITNESS (confidently): Oh, yes. CALTON: How do you know? Did you see his face? WITNESS: No, his hat was pulled down over his eyes, and I could only see the ends of his moustache and his chin, but he carried himself the same as the prisoner, and his moustache is the same light colour. CALTON: When you drove up to him on the St. Kilda Road, where was he, and what was he doing? WITNESS: He was near the Grammar School, walking quickly in the direction of Melbourne, and was smoking a cigarette. CALTON: Did he wear gloves? WITNESS: Yes, one on the left hand, the other was bare. CALTON: Did he wear any rings on the right hand? WITNESS: Yes, a large diamond one on the forefinger. CALTON: Are you sure? WITNESS: Yes, because I thought it a curious place for a gentleman to wear a ring, and when he was paying me my fare, I saw the diamond glitter on his finger in the moonlight. CALTON: That will do. The counsel for the defence was pleased with this bit of evidence, as Fitzgerald detested rings, and never wore any; so he made a note of the matter on his brief.