before. I said, "Oh, you've come back," and he said, "Yes; I'm going to take him home," and got into my cab.
Calton: Did you notice any difference in his voice?
Witness: No; except that the first time I saw him he spoke in a loud voice, and the second time he came back, very low.
Calton: You were sober, I suppose?
Witness (indignantly): Yes; quite sober.
Calton: Ah! You did not have a drink, say at the Oriental Hotel, which, I believe, is near the rank where your cab stands?
Witness (hesitatingly): Well, I might have had a glass.
Calton: So you might; you might have had several.
Witness (sulkily): Well, there's no law against a cove feeling thirsty.
Calton: Certainly not, and I suppose you took advantage of the absence of such a law.
Witness (defiantly): Yes, I did.
Calton: And you were elevated.
Witness: Yes; on my cab. [Laughter.]
Calton (severely): You are here to give evidence, sir, not to make jokes, however clever they may be. Were you, or were you not, slightly the worse for drink?
Witness: I might have been.
Calton: So you were in such a condition that you did not observe very closely the man who hailed you?
Witness: No, I didn't—there was no reason why I should—I didn't know a murder was going to be committed.
Calton: And it never struck you it might be a different man?
Witness: No, I thought it was the same man the whole time.
This closed Royston's evidence, and Calton sat down very dissatisfied at not being able to elicit anything more definite from him. One thing appeared clear, that someone must have dressed himself to resemble Brian, and spoke in a low voice, because he was afraid of betraying himself.
Clement Rankin, the next witness, deposed of having picked up the prisoner on the St. Kilda Road, 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 favor.
