oner had hailed the cab, and after going away for a short time, returned and entered the cab with the deceased. He would also prove that the prisoner left the cab at the Grammar School, in the St. Kilda Road, and on the arrival of the cab at the junction, he discovered the deceased had been murdered. The cabman Rankin would prove that he drove the prisoner from the St. Kilda Road to Powlett Street in East Melbourne, where he got out, and he would call the prisoner's landlady to prove that the prisoner resided in Powlett Street, and that on the night of the murder he had not reached home till shortly after two o'clock. He would also call the detective, who had charge of the case, to prove the finding of a glove belonging to the deceased in the pocket of the coat which the prisoner wore on the night of the murder; and the doctor who had examined the body of the deceased would give evidence that the death was caused by inhalation of chloroform. As he had now fully shown the chain of evidence which he proposed to prove, he would call the first witness, Malcolm Royston.
Royston, on being sworn, gave the same evidence as he had given at the inquest, from the time that the cab was hailed up to his arrival at the St. Kilda Police Station with the dead body of Whyte. In the cross-examination, Calton asked him if he was prepared to swear that the man who hailed the cab, and the man who got in with the deceased, were one and the same person.
Witness: I am.
Calton: You are quite certain?
Witness: Yes; quite certain.
Calton: Do you, then, recognize the prisoner as the man who hailed the cab?
Witness (hesitatingly): I cannot swear to that. The gentleman who hailed the cab had his hat pulled down over his eyes, so that I could not see his face; but the height and general appearance of the prisoner are the same."
Calton: Then it is only because the man who got into the cab was dressed like the prisoner on that night that you thought that they were both the same?
Witness: It never struck me for a minute that they were not the same; besides, he spoke as if he had been there
