Mrs. Hableton, the landlady of the deceased, was then called, and
deposed that Oliver Whyte had lodged with her for nearly two months. He
seemed a quiet enough young man, but often came home drunk. The only
friend she knew he had was a Mr. Moreland, who was often with him. On
the 14th July, the prisoner called to see Mr. Whyte, and they had a
quarrel. She heard Whyte say, "She is mine, you can't do anything with
her," and the prisoner answered, "I can kill you, and if you marry her
I shall do so in the open street." She had no idea at the time of the
name of the lady they were talking about. There was a great sensation
in the court at these words, and half the people present looked upon
such evidence as 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 crackled 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 two
o'clock.
CROWN PROSECUTOR (referring to his brief): You mean after two.
WITNESS: 'Avin made a mistake once, by saying five minutes after two to
the policeman as called hisself a insurance agent, which 'e put the
words into my mouth, I ain't a goin' to do so again, it bein' five
minutes afore two, as I can swear to.
CROWN PROSECUTOR: You are sure your clock was right?
WITNESS: It 'adn't bin, but my nevy bein' a watchmaker, called
unbeknown to me, an' made it right on Thursday night, which it was
Friday mornin' when Mr. Fitzgerald came 'ome.
Mrs. Sampson bravely stuck to this statement, and ultimately left the
witness-box in triumph, the rest of her evidence being comparatively
unimportant as compared with this point of time. The witness Rankin,
who drove the prisoner to Powlett Street (as sworn to by him) was
recalled, and gave evidence that it was two o'clock when the prisoner
got down from his cab in Powlett Street.
CROWN PROSECUTOR: How do you know that?
WITNESS: Because I heard the Post Office clock strike.
CROWN PROSECUTOR: Could you hear it at East Melbourne?
WITNESS: It was a very still night, and I heard the chimes and then the
hour strike quite plainly.
This conflicting evidence as to time was a strong point in Brian's
favour. If, as the 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 two, he could not
possibly be the man who had alighted from Rankin's cab at two o'clock
at Powlett Street.
Public-domain text, read in full here on John Shaqi.
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