Calton: Is the prisoner the same gentleman you drove to Powlett Street?
Witness (confidently): Oh, yes.
Galton: 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 mustache and his chin,, but he carried himself the same as the prisoner, and his mustache is the same light color.
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 in the direction of Melbourne, and was smoking a cigarette.
Calton: Had he gloves on?
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 lived 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 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 will 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.
