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 favour.  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.

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 Orient 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 an hotel in Russell Street, and had some more drinks there.  Both witness and deceased were intoxicated.  Whyte took off his light coat, saying he felt warm, and went out shortly afterwards, leaving witness asleep in the bar.  He was awakened by the barman, 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 so, being too intoxicated.  He then went home, and to bed, as he had to leave early for the country in the morning.  In cross-examination:—­

Calton:  When you went into the street, after leaving the hotel, did you see the deceased?

Witness:  No, I did not; but I was very drunk, and unless deceased had spoken to me, I would not have noticed him.

Calton:  What was deceased excited about when you met him?

Witness:  I don’t know.  He did not say.

Calton:  What were you 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 home?

Witness:  I don’t know; I was too drunk to remember.

This closed the case for the Crown, and as it was now late the case was adjourned till the next day.

The Court was 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 favour of Fitzgerald.  First:  the discrepancy of time in the evidence of Rankin and the landlady, Mrs. Sampson.  Second:  the evidence of the cabman Royston, as to the wearing of a ring on the forefinger of the right hand by the mall who murdered Whyte, whereas the prisoner never wore rings.