2
THIS STOUT I » N'»
tiif, .mvstkkv
-OF-
A HANSOM CAE
BV FKKI.I S W. Hi Mi;.
CHAI'IKH XWI
Ro\ st u. 'sii .ng sworn, gave the
bame e\,dence a-. he lift' 1 i• 11 nt
the iixiiH -t. from the tin:** that t■ -•
cab wa- hailed up Jo hi- arrival at
tin-St. Hilda Polic* Station withth*
dead bodv of Wh\te. In the cro->
examiintt lOlJ, Calton asked him if he
was pi «■ juied to swoir that 111 * man
who hailed thecal), and tip linn wh
Lrot iii \% 11ii ill#- l« ea-» ■I. were one
O
and the same p r.->ou.
Witness: I am.
Calton : Vou ;»l «• quite certain
Witness: Yes ; quite certain.
('alton : Do \»u tli* ii recogniz*
tlie prison* i as the in »n who hailed
the cab '
With -s (hesitatingly : 1 cannot
teweal to that. 'l'm gentleman who
bailed the cab had lii■-> hat pulled
down ovci his e\»s. so that I could
not se* his fact-; but tin* height and
''eiierai appeaianre ot 111 • piisoncr
an- the same.
Calton: Tht ii it is only because
the n;an who g'>t into the cab wa
dressed like t *■ 1 nsoner on that
night that you thought t.ev weie
both th»- -mm
Witness: It ne\er struck me !"*.i
a minute that they wire not the
same :be -Id -. he sj * >k*' a- '• ihe ha i
been tin re beloie. I said -"Oh.
vou ye come back, and he said
"\es I :uu *"»i11• r to i ik* htm home.
* * O O
pnd got into mv cab.
Calton: Did you notice any dillei
ence in his voice
itness: No : except that the
lust time I saw him l.e spoke in a
loud voice, and the second time he
came back, very low.
Calton : Vou were sober. I .sup
pose .'
Witness (indignantly): Yes:
quite sober
Calton: Ah! You did not have

a ilrink. say at the Oriental Hotel,
which, 1 b li ve, is near the rank
where your cab stands
Witness (hesitating): W * 11. tin it *
no law against a cove feeling thirsty.
Calton : Certainb not : find I suj -
pose vou took advantage of th* ab
sence of such a law.
Witness (delianti\ : c". 1 did.
C ilton : And \ou wt re eh vated.
Witness: on my cab.
Calton sevt ii!\ : oil are lure to
i'ive evivb nee, sir. not to ina!>e jok« s,
however clevtr they may be. Wet*
Vou. or wi l't 1 \> u not. siighty thn
worse for drink
Witness: 1 might have been.
Calton: So M u weie in -uch a
condition that sou did not observe
verv closely the man who hailed
you r
Witm 88 N'. I didn't there was
no r« v-.on wn\ 1 shuuld—l >i.d:. !
know a ur.hr wa- going t> 1*
committ* d
Ca.'oM : An lit n»\tr str.uk \
it mL it b» i i.lli unt man
Wit! . - N . 1 t: ' it • : .
tarn* nan w i • tiim
PIIESS AND CAROLINIAN, NOVEMBER 1.
'I his closed Royston s evidence,
and Calton sat down very dissatis
fied at not being able to elicit any
thm" more definite froni him. One
thii aj j eared clear, that some one
must have diissed him>elf to resem
ble Briai . and spoke in a low voice.
b*« .u-e !.* wai afiaid »f betraying
himsi If.
 !ment Rankin, the next witness,
dep s**l to having picked up the
j r:son»-r oij the St Kit da Koad. be
tw* en one and two on Friday morn
ii . :tii i dr.ven him to Powlett
St.»et. East Melbourne. In the
. \;oi ination. Calton elicited
•i » #
one p. ;ht m t!ie prisoners iavor.
Cilton : I- the prisoner the same
g*-n t i»*me;i \ 1 ii diove to Powlett
St . . ! '
W (.-ontidently : O . y'"S.
("a ton: How do vou know ' Did
*
\ i i >'■ his 1 ace '
\\ ti.i-.s: No. his hit was pulled
do.vi; fv* i 1 is eve.-, and T could only
see t end. ot his mustuche and
hi- chin, but lie carried himself the
-•mi*' - the prisoner, and his in us-'
ta he is the -a:«" 1 ii_tht color.
Calton: When vou drove up to
hi'! th - St. KiMa Road, where I
w;is h*'. Mid what he doing ?
Witness: 1 i*• was near the Gram
mar -'chool. w;i king ouickly in the
i
du>it;on ot Melbourne, and was
-im >ki?  r ( ;t cigarett* l .
( \dt i ,ii : I lad he glove-, on .'
Witness: Ye-, one on the left
hand, thi other wa* bare.
Calto'i : I >id he w ar any rings on
th*- li•• ht tmnd '
.
Witness: Y* s, ;i large diamond
one ■'! i the l'orefiuger.
 '>n: Are you sure 7
W.hie-s: ) e-. h-cause 1 thought
I
it a cuiiou- i> I a e f'»r m « r entleman to
1 o |
war a ling, and when he was paying'
'in■ mv fare. F saw the diamond irlit
* O
t* r on his linger in the moonlight.
' i'ton : That will do.
The counsel for the defence was
please I with this bit of evidence, as
Fitzgerald detested rings and never
woie any : so he made a note of the
matt- r on his brief.
Mrs. Hableton, the landlady of the
deceased. wa> then called, and de
posed that Oliver Whyte had lived,
with her for nearly two months.
He seemed a quiet enough young
man. but often came home drunk. '
The only friend she knew she had
was a Mr. Moreland. who was often
with him. On the 14th July, the
I
prisoner called to see Mr. Whyte.
and they had a juarrel. She heard
W liyte say, "she is mine, and you I
can t d> anvthing with her.' and the
prisoner answered. "I can kill you.
and if you marry her I will do so in
the open street. She had no idea
at ihe time of the name of the lady
they were talking about.
1 l.t re was a gieat scnsation in the
court at these woids, anil half the
people pit s. Nt looked upon such
evidence as b» ing sufficient in itself
" i
to pro\ e the gui.t of the i risoner.
T ' ,
in cros-- \aiiiinati n. Ca ton was
mab »■ ti> -hake the evidence of the
witm.--. a> -he mt Iv u teratid the
-an.t iatt m« nt.- ov t r ] . »ver r ,T ain.
C
lUe ne\t witness \\a- Mr-. Samp
son. wh*. ackie»l into tl.e witness l
: x - '»' cd 1 * tt ir-, a: 1 gave her
.
answt - i:; 4 p : ,-to:: g!\ -Liill tone of
m. i: -I Si.- sta'i.l that the pris-!
lilv - •- m the habit f comin_:
' l '•:»! 'y. \ it e: :i. t - i. _i.t . t the
hr. 1 iI c : • - -1. •> 11 v b- f -re
! o clock
1 • A 1 ■ -•  I 1 vfel i.:. r l
his brief): You mean after two.
itness : Avin' made a mistake
I
once, by saying five minutes after
two to the policeman as called him
self a insurance agent, which 'e put
the words into my mouth, I ain't a
goin' to do so again, n bein live
o o
minutes afore two. as I can swear
to.
Crown Prosecutor : You are sure
your clock was right ?
Witness: It "adn't bin. but my
nevvy bein' a watchmaker, called
unbeknown to me, and make it right
on Thursday night which it was
Friday mornin' when Mv. Fitzgerald
came ome.
Mrs. Snmpson 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 re
called. 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
[ ost office clock strike.
Crown Prorecutor: Could you
hear it at Fast 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 Br an's
favor. 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 live 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. Chins
ton. who swore to the deat I of the
deceased by means of chloroform
administered in a large quantity, and
he was followed bv Mr. Gorbv. 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 Oriental
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 a hotel in Russell Street, ami had
some more drinks there. Both wit
ness and deceased were intoxicated.
%
Whyte took off hi- light coat, saying
1 lie felt warm, and went out shortly
afterwards, leaving witness asleep in
the bar. He was awoke by the bar
man. who wanted him to leave the
hotel. He saw that Whyte had left
his coat behind him. and took it up
with the intention of giving it to
him. As he stood in the street
some one snatched the coat from him
and made off with it. He tried to
follow the thief, but he could not
do S'~>, being too intoxicated. He then
went home and and to bed. a- he
had to leave early for the country in
the morning. In orOsS-examina
: Hon :
Calton: When %ou went into the
street, after leaving the Lot'-., did
v. u see decease 1
Witne-s: N\ I i 1 Lot .L;t I
was very drunk. p.nd unless deceased
had spoken, to me, would not have
noticed him.
Calton : "What was the deceased
excited about when you met him f
Witness: I don't know. He did
not say.
Caltcn: What were }ou talking
about.
Witness: All sorts of things.
London principally.
Calton : Did the deceased mention
anything about papers ?
Witness (surprised): No. he did
not.
Calton : Are you sure*
Witness : Quite sure.
Calton : What time did you get
heme ?
Witness : I don't know ; I was
too drunk to remember.
This cloved the for the Crown
and, as it was now late the Court wa
adjourned till the next day. The
Court soon emptied of the busy,
chattering crowd, and Calton, on
looking over his notes, found that
the result of the first day's trial was
two points in favor of Fitzgerald.
First : The discrepancy of time in
the evidence of Rankin and the
landlady, Mrs. Sampson. Second :
The evidence of the cabman, Rovs
ton, as to the wearing of a ring on
the forefinger of the right hand by
the man who murdered hyte,
whereas the prisoner never wore
rings.
These were slender proofs of in
nocence to put against the over
whelming mass of evidence in fayoi
ut' the prisoner's guilt. The opin
ions of all were pretty well
divided some being in favor and
others against when suddenly
an event happened which sur
prised everyone. All over Mel
i
bourne extras were posted, and the
news passed from lip to lip
like wildfire—'"Return of the Miss
ing Witness, Sal Rawiings!
CHAPTER XVIII.
And, indeed, such was the case.
Sal Rawiings had made her appear
ance at the eleventh hour, to the
heartfelt thankfulness of Calton,
who saw in her an angel from heaven
sent to save the life of an innocent
man.
It was at the conclusion of the
trial, and. together with Madge, he
had  r one down to his office, when
his clerk entered with r telegram.
The lawyer tore it open, and, with
a silent look of pleasure on his face,
handed the telegram to Madge.
She. woman-like, being more impul
sive, gave a cry when she read it.
and falling on her knees, thanked
(iod for having heard her prayers,
and saved her lover's life.
"Take me to her at once, she
implored the lawyer, being anxious
to hear from Sal Rawlin.-> own lip*
the joyful words which would save
Brian from a fel-»n\ death.
"No. my dear, answered Calton.
lirm.y. but kindly. "I can haidh
take a lady to where Sal ii
live.-. You will know all to-morrow,
but. meanwhile, you must go home
and get some sleep."
"And }ou will tell him* she whi.-v
epre \ c'.-isping her hand- on C 1
t'Hi » ai m.
"At onee. !;.• an-wered. p; »mptlv
"And I \sill bee Sal Rawiings to
i- ■ hr. ai. 1 he ir what -he ha- to say.
li* >t- coi.t* iit, n.\ k-ai. he a:le1, a
• e I . ice l her in t:.« can iage. "Le i
pe rie ct. \ -ale i.
Brian heard the good news with a
deep feeling of grattitude. knowing
tLat his life was safe, and that he
could still keep his secret. It was
the natural revulsion of feeling after
the unnatural life he had been lead
in*: since his arrest. When one is
young and healthy, and has all itie
world before him, it is a terrible
thing to contemplate with serenity a
sudden death. And yet, in spite of
his joy at being delivered from the
hangman's rope, there mingled with
his delight the horror of that secret
which the dying woman had told
him with such malignant joy.
"Why did she tell me? Oh ! why
did >he tell me ?" he cried, wringing
his hands, as he paced restlessly up
and down his dark cell. "It would
have been better for her to have
died in silence, and not bequeathe!
me this legacy of sorrow.
1
Tie was so greatlv disturbed over
the matter that the goaler, seeing
his haggard face next mornii g, mut
tered to lrmself that "He war blest
if the swell warn't son v he were
safe."
So, while Brian was pacing up
and down his cell dining the wearv
I °
watches of the night. Madge, in her
no
own room, was kneeling beside her
.
bed and thanking God for His great
mercv : while Calton. the good fairv
of the two lovers was hurrying to
wards the humble abode of Mrs.
Kawlings, familiarly known as Moth
er Guttersnipe. Kilsip was beside
him, and they were talking eagerly
about the providential appearance of
the invaluable \\ itness.
1
"What I like." observed Kilsip, in
his soft purring tone, "is the sell it
will be for that Gorby. He was so
certain that Fitzgerald was the man
and when he gets off to-morrow he
will be in a rage."
"Wheie was Sal the whole time,"
asked Calton. absently, not thinking
what the detective was saying.
"Ill," answered Kilsip. "After
she left the Chinaman she went into
the countrv, caught cold bv falling
•/ O V O
into some river, and then ended up
by getting brain fever. Some peo
ple found her, took her in, and
nursed her. When she got well *-he
came back to her grandmother's"
"But why didn't the people who
nursed her tell her she was wanted ?
They, must have seen the papers,"
"Not they," retorted the detective.
"They knew nothing."
"Vegetables!" muttered Calton,
contemptuously, "How can people
be so ignorant * Why, all Australia
has been ringing with the case. At
ar.y rate, it's money out of their
pocket. Well ? *
"There's nothing more to tell,"
-aid Kilsip. "except that r»he turned
up to-night at five o'clock, looking
more like a corpse than anything
else."
TO BL (ovriM n>.)
\\ lio li Vuui Ilent I ridic! ?
Vonr stomach, of course. why ' ]>cau>e
if it i- ut«>f «»r«I»-r you art- one »ft! •• mo-t
in surable rna'nn-- living. Ciive it a fair,
h norable chain*** and -e»* if Jt i- not the
!»--t fr;» nd you hav»* it, the end. Don't
-ll. ke IN the morning. Don't drink in th'*
morning. It y«>u mu-t Miioke and drink
wait until y ur -tmuiu-h i» through* with
break ti-t. Yen can drink more and smoke
ii rtr~ in th* and it vsili t»-ii on you
it % «»ur t vxt f»*riu**i»t> and d*--> not
i —:t >■ n ar»- troub!.-d with
1 } ••;ii * .!IJ I>,//.'.•«- «>f th** h»%id. c-mir>(!
:> •if t..>- •. a"> r > A- .Ml*.
1 «»?«, •r tb\ % t:.« r tro of th>-
\i-'» it '•••-t «»r •-»-1. * - Au»' i>t
Flower, as no* prsoo caa use «i witlioot
lniii' i .1'.»• r•- i: ** t.