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.

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 c