sed,
were one and the same person.
WITNESS: I am.
CALTON: You are quite certain?
WITNESS: Yes; quite certain.
CALTON: Do you then recognise 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 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 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 (hesitating): 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 have spoken in a low voice for fear of betraying himself.
Clement Rankin, the next witness, deposed to having picked up the
prisoner on the St. Kilda Road
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