oming 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.

The next witness was Dr. Chinston, who swore to the death of the
deceased by means of chloroform administered in a large quantity, and
he was followed by Mr. Gorby, who deposed as to the finding of the
glove belonging to the deceased in the pocket of the prisoner'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 a great deal. On the night of the murder he
was in the Orient Hotel in Bourke Street. Whyte came in, and was
greatly excited. He was in evening dress, and wore a light coat. They
had several drinks together, and then went up to an hotel in Russell
Street, and had some more drinks there. Both witness and deceased were
intoxicated. Whyte took off his light coat, saying he