by CD Moulton
counsel for the plaintiff, asked.
“Objection!” Hallowell yelled. “Isn’t the witness supposed to be the one giving testimony here?”
“Just objection will do, counselor. Sustained,” Judge Collins replied.
“I was merely laying foundation for the fact that my clients were drawn to a location....”
“One more word of testimony from counsel and I throw your case out!”
“Er. Well, Mrs. Gordon, please tell us what happened, in your own words.”
She went into a spiel about how Harry came to their place of business where they were lured to that pervert’s place by trickery and lies about how he wanted to provide for his daughter and ex-wife, who he admitted he had shamelessly abandoned and left destitute when he ran to Florida to be with a whore on the streets who ....
Bill had to keep Harry from jumping up and yelling what he thought of anyone who would say that kind of thing.
She finally ran down. Bernard thanked her for her honesty and sincerity and waved as he headed back to the plaintiff’s table. She started to get up. Bill said, “Please retain your seat, Mrs. Gordon. I will cross-examine. You leave the witness stand when the judge says you can, not when your lawyer says you can.”
Judge Collins rapped her gavel, but grinned slightly. Bill stood and approached the witness stand, reading some pages. He stood in front of her a moment, shook his head, and said, “Let’s be clear. You claim that Mr. Twilterwaller came into your place of business and asked that you go to his place to discuss his ex-wife?”
“He claimed that he wanted to try to make things right with her. He abandoned her and his daughter and left them destitute and without any way to even get food! He said he knew that was wrong, that he wanted to make it right! My husband said he would be forgiven by the lord, Jesus Christ, for his act of remorse. That pervert tried to hit my husband, but he left in a few minutes.”
“You are saying he came to your place of business, attacked your husband, then you went to his place later?”
“Er.”
“Well? Is that what you are saying?”
“Uh, that is, we later, uh, had him say he was sorry, that he had, uh, that is, gone too far.”
“I see. That isn’t in the statement you gave to the police – but neither was much of anything you claimed a moment ago here.
“Do you know Virginia Willis?”
“Virginia? Yes, She worked for us for a couple of weeks before Christmas.”
“In your home or in your place of business?”
“Business. The staff at the house has been the same for more than two years.”
“She was working for you at the time Mr. Twilterwaller came to confront you and your husband?”
She looked at Benson in panic and shook her head. Benson made it a point not to be looking at her at the time.
“Mrs. Gordon? Answer the question,” Judge Collins ordered.
“I, uh, around that time, possibly, I think.”
“She was, in fact, within six feet of you the entire time Mr. Twilterwaller was in your place of business to take notes about the possible future orders. Isn’t that true?”
“Er, um.”
“I’ll take that as a ‘Yes.’ Perhaps you can explain why she didn’t observe the confrontation or hear anything like you claim in your sworn statement? Why the only mention of the ex-wife was that he had gotten a divorce, uncontested by him, as it was sought by her, and that she was provided for by being given the farm and homestead and a sizeable bank account, of which he could have, under Missouri law, claimed fifty percent of? Why she didn’t observe any harsh words at any time and definitely no attack or attempted attack?”
“Objection! Badgering the witness!” Benson yelled.
“He asked her about the testimony I will assume is to be proffered by another witness,” Judge Collins replied. “Proceed, counselor.”
“As your non-answer is more defining than an answer could be, we can move to other parts of your statement. The one you made sitting right there just minutes ago, the statements you made under an oath before the court and God.
“You referred to a whore on the streets, who Mr. Twilterwaller ran away with or some such slanderous nonsense. I had to restrain Mr. Twilterwaller from actually attacking you right here. It was a very difficult thing, as I know his wife and know she is a far more moral and honest person than you can possibly claim to be.
“Is Mrs. Twilterwaller, the present Mrs. Twilterwaller, the one to whom you referred?”
“Er, no. Of course not.”
“Then who?”
“I don’t know her name. I was told about it by a friend at the church.”
“Then who was the friend? We can ask him or her about the statement.”
“I don’t remember.”
“Then we will add slander and deformation of character against you, who repeated that falsification right here in this court, to the countersuit already filed. Your only recourse will then be to produce that person or those persons, who will be added to another suit.
“Now! About your being lured to his home so that he could attack your husband.
“We have shown, by your own testimony, that it was not at the time when he visited your business. He did not know you were in the area, at that time. He met you by surprise when he came into your place of business to discuss ... business. He mentioned his ex-wife and daughter in passing at that time-
“When and how did he lure you to his home?”
“Er.”
“That’s hardly an answer.”
“I refuse to answer anymore questions! You’re trying to trick me!”
“Asking that you substantiate your sworn testimony is trickery?
“Your honor, we have shown this witness, the plaintiff in this case, is a perjurer and can’t be believed in any instance having to do with this case. In doing so, we have also proven the countersuit.
“Is it necessary to continue?”
“Plaintiff?”
“We ... might I have a word with my client?”
“Recess fifteen minutes. You and your client will remain in the courtroom and all others will step outside. The jury will leave the room for that time. Do not discuss this case in any way with anyone until verdict is discussed in jury chambers.” Judge Collins rapped the gavel and everyone except the Gordons and their lawyer and a representative of the insurance company left the room.
“How could Benson be so stupid as to put her on the stand instead of him?” Bill asked. “What will you do with the thirty mil? I ain’t about to lower it after that!”
“Give me twenty cash and you keep the rest for all your trouble.”
Lorna came to them to smile brightly. “Why didn’t you tell me you were running around with whores before I married you?! I want a divorce! I’ll gut and scale you and leave you on the streets!
“After you get the twenty mill, of course.”
“I can always pimp my whore girlfriends out and make a living!”
They laughed and joked. The insurance company lawyer came to ask to talk in private with Bill, who winked and moved to the side with the lawyer. Lorna and Harry got sodas from the machine and chatted and teased until the bailiff came to tell them to all come inside again. Bill had gone in already and was in conference with Benson at the bench. Collins was there and nodded, then the bailiff said to take their seats and shut up, but in slightly more genteel words.
Collins called for order, declared court was in session, and said for the plaintiff to proceed.
“Call for mistrial,” Benson said.
“Denied, Proceed,” from Collins.
“Plaintiff rests.”
“Defense?”
“With court’s questions, if we might? We wish to make this embarrassing session to be shortened as much as possible.”
“Very well. Plaintiff’s case not proven, based on perjuries committed by the plaintiff. Defense prevails. If there are questions from the jury, to be considered only in seeking
proper actions and/or compensations.
“Mrs. Foreman?”
A rather sour-looking middle-aged woman stood. “I don’t know what you want. If you mean, do I have questions, I most certainly have a couple, myself.”
“Your questions and those of other people sitting jury,” Collins replied.
“Very well. I want to know about the ex-wife and daughter and what really happened. Did he actually abandon them or did they have an amicable divorce, though I don’t believe in divorce, personally. What is their situation, particularly the daughter?”
“Mr. Twilterwaller?” Collins asked.
“My ex-wife and I had issues since Brenda was born. I didn’t approve of the way she was being raised. Madge, my ex-wife, seemed to be deliberately teaching her to be ... lazy and irresponsible.
“I discovered Brenda is not my daughter, that she is the daughter of a preacher at the local church, which is what the Gordon’s confronted me about. The preacher is a relative.
“I left Madge and Brenda the farm, which is valued at about sixty five thousand dollars now, but is rising in value regularly because it’s on a large lake. There was about eight thousand in the bank account, which I also gave them.
“Mrs. Gordon got in touch and tried to start trouble because she was afraid it would come out that Brenda was her ... the preacher’s daughter, and that I was tricked into supporting her for twenty three years. Even her lawyer agreed that I didn’t have to give them anything. I could even have them evicted from the property, but I would never consider anything like that for a single second. They are and will always be a part of my life.” Might as well try for a few brownie points with the type. When he said Brenda’s father was a