The next witness was Mrs. Sampson, who crackled into the witness box, dissolved in tears, and gave her answers in a piercingly shrill tone of anguish. She stated that the prisoner was in the habit of coming 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 himself 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 been, but my nevvy bein' a watchmaker, called unbeknown to me and 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 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 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.
