SW06 - The Innocent Woman
Page 5
“That’s right.”
“Let me be very clear about this. You determined there was a hundred dollars missing? From you own personal observation? You’re not basing that on something that Mr. Fletcher said?”
“Not at all. I counted it myself.”
“Fine. And after you counted it, what did you do then?”
“Well, I told Mr. Macklin— But I guess I’m not allowed to say that.”
“No, no,” Pearson said. “Whatever you said is fine.”
“I see. Well, I told Mr. Macklin there was a hundred dollars missing.”
“Fine,” Pearson said. “And were you there when the defendant arrived for work that morning?”
“Yes, I was.”
“Without going into any conversations that may have transpired, did there come a time when Mr. Macklin identified himself to the defendant?”
“Yes, there did. He took out and showed her his I.D.”
“And did there come a time when Mr. Macklin inspected the contents of the defendant’s purse?”
“Yes, there did.”
“And what did he find?”
“He found four twenty dollar bills in her wallet.”
“And what, if anything, did he do with those bills?”
“He compared them to the list of serial numbers in his notebook.”
“With what result?”
“Two of the bills from the defendant’s wallet matched the serial numbers on his list.”
“Mr. Lowery, I have cautioned you about hearsay testimony. Do you know that because of something Mr. Macklin told you?”
“No, sir. I know that because after Mr. Macklin pointed it out, I compared the serial numbers myself.”
“You personally compared the serial numbers on those twenty dollar bills to the serial numbers on Mr. Macklin’s list?”
“Yes, I did.”
“And two of the serial numbers matched?”
“That’s correct.”
“Thank you, Mr. Lowery. That’s all.”
7.
IN THE BACK OF THE courtroom, Tracy Garvin frowned. Frank Fletcher and Samuel Macklin had been duck soup for Steve Winslow. He had no problem making them look bad.
Marvin Lowery was something else. He had an open, honest quality about him. The jurors liked him. And they weren’t going to like it if Steve tore into him. That sort of strategy simply wasn’t going to fly.
Making him look foolish wouldn’t work either—Steve couldn’t pull an x-ray vision bit like he had with Macklin. Ridiculing Lowery would only alienate the jury.
So what could he do?
Steve Winslow rose slowly, crossed to Marvin Lowery and smiled. “Mr. Lowery, correct me if I’m wrong, but I believe you testified that on the morning of May 3rd you met Mr. Fletcher and Mr. Macklin outside your office building at approximately eight-thirty. Is that correct?”
“Yes, it is.”
“The three of you went up and unlocked the office?”
“That’s right.”
“Who was it who actually unlocked the office at that time?”
“Frank did. Mr. Fletcher.”
“Mr. Fletcher has keys to the office?”
“Yes, of course.”
“As his partner, do you also have keys to the office?”
“Of course I do.”
“And I believe you testified that Miss Dearborn was in the habit of closing up the office at five-thirty. Is that right?”
“Yes, it is.”
“Then am I to assume she also had keys to the office?”
“Yes, of course.”
“So over the weekend—from Friday, April 30th, till Monday, May 3rd—the defendant was in possession to keys to the office. She could have gone there at any time, unlocked the door and taken money from the petty cash drawer. Is that right?”
“Yes, it is.”
“And the same is true of you and Mr. Fletcher?”
“I beg your pardon?”
“You had keys to the office. And Frank Fletcher had keys to the office. Over the weekend, either one of you could have gone to the office and removed money from the petty cash drawer. Is that right?”
A.D.A. Pearson was about to object, when he saw the smile on Marvin Lowery’s face. He shut up. Lowery was a good witness. The jurors liked him. Let him take care of himself.
“Sure,” Lowery said. “Frank could have done that. Or I could have done that. We have the keys to the office, so there was nothing to stop us from going there and taking money from the petty cash drawer.” He chuckled. “The only thing we couldn’t have done would have been put those bills in Miss Dearborn’s wallet. We had the keys to our place, but we didn’t have the keys to hers, you see.”
“I see,” Steve said. He nodded gravely. “That’s a very good point, Mr. Lowery. If you or Mr. Fletcher had taken any money from the petty cash drawer over the weekend, there was no way it could have wound up in Miss Dearborn’s purse. So those twenty dollar bills must have got there some other way. Is that right?”
“Yes, it is.”
“We know they got there, because you were present when Mr. Macklin discovered them in Miss Dearborn’s wallet. Is that right?”
“Yes, it is.”
“And that was when Miss Dearborn arrived at the office at approximately nine o’clock on the morning of Monday, May 3rd?”
“That’s right.”
“Prior to that, you, Mr. Fletcher and Mr. Macklin had gone up to the office, examined the cash in the petty cash drawer and discovered a hundred dollars was missing?”
“That’s right.”
“I believe you stated that you were not testifying to hearsay, that you personally counted the money and determined the hundred dollars was gone. Is that right?”
“Yes, it is.”
“Mr. Fletcher put five hundred dollars in the petty cash box? You personally saw him do it?”
“Yes, I did.”
“You personally counted the money and determined a hundred dollars was missing?”
“Yes, I did.”
“Am I to assume that on Monday morning when you counted the money, there was four hundred dollars in the petty cash box?”
For the first time Lowery frowned. “No, that’s not right.”
“Oh? And why is that?”
“To begin with, that five hundred dollars wasn’t the only money in the petty cash box.”
“I see,” Steve said. “You mean there was already money in the petty cash box when Mr. Fletcher put the five hundred dollars in?”
“That’s right.”
“He didn’t remove that money and replace it with the five hundred dollars. He added the five hundred dollars to it. Is that right?”
“Yes, it is.”
“I see. And how much money was there in the petty cash box before Frank Fletcher put the five hundred dollars in?”
Again, Pearson thought to object, but, as Lowery looked totally unconcerned, he kept quiet.
“There was two hundred and seventy-five dollars,” Lowery said.
“You know that for a fact?”
“Yes, I do.”
“How do you know?”
“I counted it.”
“You personally counted it, or you watched Frank Fletcher count it?”
“Both. I watched Frank count it, then I counted it myself.”
“And there was two hundred and seventy-five dollars?”
“That’s right.”
“And Fletcher added five hundred dollars, making a total of seven hundred and seventy-five dollars?”
“That’s right.”
“He put the five hundred in after you had counted the two hundred and seventy-five?”
“That’s right.”
“Did you count the money after he put the five hundred dollars in. That is, after he added the five hundred dollars, did you count the money again and get seven hundred and seventy-five?”
“Yes, I did.”
“Before that, you had counted th
e two hundred and seventy-five dollars that was originally in the box?”
“That’s right.”
“Any chance you were mistaken in the amount?”
“Absolutely not?”
“And why is that?”
“Because I concentrated on what I was doing.”
“I see,” Steve said. “And if you were concentrating on counting the money, how can you be sure while you counted the two hundred and seventy-five dollars, Frank Fletcher didn’t substitute some of the bills of the five hundred dollars before he added it to the box?”
Lowery smiled. “That couldn’t have happened.”
“Why not?”
“Because that five hundred dollars was sitting in plain sight right in front of me on the desk?”
“You’re sure of that?”
“Absolutely.”
A.D.A. Pearson made sure the jurors could see his broad grin.
Steve Winslow frowned. He looked mighty displeased with the answers he’d been getting. He rubbed his head. “Mr. Lowery, let me make sure I understand this. Is it your testimony that you personally counted the money in the petty cash box before and after Frank Fletcher put the five hundred dollars in; that you saw him put the five hundred dollars in; that you are certain that it was the same five hundred dollars Mr. Macklin wrote the serial numbers of; that there was no chance Mr. Fletcher substituted any of those bills before he put them in the box; that after he put the bills in, you counted the money in the petty cash box and came up with a total of seven hundred and seventy-five dollars? Is that right?”
“Absolutely. That’s exactly what happened.”
“Is it also your testimony that on Monday morning, May 3rd you personally counted the money in the petty cash box and determined a hundred dollars was gone?”
“That’s right.”
“I see,” Steve said. “Is it then your testimony that when you counted the money on Monday, May 3rd, there was six hundred and seventy-five dollars in the petty cash box?”
Lowery frowned.
“Is that right?” Steve said.
Lowery shifted position on the witness stand. “No, that is not right,” he said.
“Oh?” Steve said. “I thought you counted the money on Friday and determined there was seven hundred and seventy-five dollars in the box. Then you counted the money on Monday and determined a hundred dollars was missing. Granted math was never my strong suit, but even I would expect six hundred and seventy-five dollars would be left. Are you saying this was not the case?”
“No, it wasn’t.”
“And why is that?”
Lowery shifted position on the stand again. He cleared his throat. “You have to understand. We are an active firm. In the process of doing business. It wasn’t as if we could close our doors just because this incident occurred.”
Steve Winslow raised his eyebrows. “Oh, I see. Are you trying to say the petty cash drawer was in use?”
“Exactly.”
Steve smiled. “So. Are you telling me money was removed from the petty cash drawer—”
“Objection, Your Honor!”
“Overruled.”
“Are you telling me money was removed from the drawer between the time you counted the money on Friday, April 30th and the time you counted the money again on Monday, May 3rd?”
Marvin Lowery looked peeved. His eyes were narrowed, and his lips were set in a firm line. “I’m not sure what my rights are,” he said, “but I would like to object to the word removed. You make it sound as if money had been taken surreptitiously, irresponsibly, or for some illicit purpose. Which is not the case. Any money used in the course of business was duly noted and accounted for.”
“Accounted for? Are you talking about a written accounting?”
“Yes, of course.”
“Well, that’s mighty interesting,” Steve said. “That record itself may well be evidence. What sort of record was it?”
“A ledger.”
“A ledger? I see. And by that are you referring to the company’s books, or a separate ledger kept for petty cash?”
“A separate ledger just for petty cash.”
“I see. And was it kept in the petty cash box?”
“It was too large for that. It was kept in the drawer underneath it.”
“The same drawer?”
“Yes, of course. Right underneath the box.”
“I see. So on Monday morning when you counted the money in the petty cash box, you referred to the ledger to see if any money had been withdrawn?”
Lowery shifted position again. “Actually, no.”
“Oh? And why is that?”
Lowery rubbed his head. “As I say, the ledger was under the box. It was a nuisance to constantly drag it out just to make a single entry. It was common practice when taking petty cash to simply leave a chit in the box stating the date and the amount.”
“I see. And that’s what had been done on this occasion?”
“That’s correct.”
“Are you saying petty cash had been taken out on Friday for use over the weekend?”
“That was standard practice,”
“I’m not saying it wasn’t. I’m merely asking if it was done on this occasion.”
“Yes, it was.”
“Money had been taken from the petty cash box and a chit left in its place?”
“Yes.”
“And who had done this, Mr. Lowery? Who took the money from the petty cash box for use over the weekend?”
Lowery cleared his throat. “As if happened, I had a business appointment on Saturday, and—”
Steve Winslow’s grin broadened. “Are you saying you took money from the petty cash box for use over the weekend?”
“That’s right.”
“How much did you take?”
“A hundred dollars.”
“A hundred dollars?”
Lowery’s face reddened. “Which was duly accounted for,” he said.
“By that you mean you left a chit?”
“That’s right.”
“On the afternoon of Friday, April 30th, you took a hundred dollars from the petty cash box and left a chit in its place?’
“That’s right.”
“I see,” Steve said. “So you’re now testifying that when you counted the money on Monday, May 3rd, there was five hundred and seventy-five dollars in the petty cash box?”
Lowery exhaled. “No, sir.”
“No?” Steve said. “I thought there was seven hundred and seventy-five dollars in the box. You took out a hundred and left a chit, leaving six hundred and seventy-five. If a hundred was missing, wouldn’t that make five hundred and seventy-five?”
“Of course,” Lowery said. “You’re assuming that was the only chit in the box.”
“You mean it wasn’t?”
“No, it wasn’t.”
“You mean someone else took money from the petty cash box and left a chit in its place?”
“That’s right.”
“And who would that be?”
“Mr. Fletcher.”
Steve Winslow’s grin was enormous. “Frank Fletcher?” he said. He raised his voice. “Your business partner? The same Mr. Fletcher who testified so vehemently he could not possibly have paid the defendant with bills from the petty cash box because he had witnesses to the fact he had put them all in? That Mr. Fletcher?”
“Objection, Your Honor!”
“Sustained.”
“Mr. Lowery,” Steve said. “Are you telling me when you opened the petty cash box on Monday, May 3rd, you found in it two chits for money that had been withdrawn, one signed by you and one by Mr. Fletcher?”
“That’s right.”
“Both dated April 30th?”
“I believe so.”
“You’re not sure?”
“No. That was the date.”
“Yours was for a hundred dollars. How much was his?”
“It was also for a hundred.”
“So,”
Steve said. “Some time on the afternoon of April 30th Frank Fletcher withdrew a hundred dollars from the petty cash box?”
“Objection. Calls for a conclusion on the part of the witness.”
“Sustained.”
“Mr. Lowery, did you see Mr. Fletcher take any money from the petty cash box on the afternoon of April 30th?”
“No, I did not.”
“Would you have seen him if he had?”
“Objection.”
“Overruled.”
“Not necessarily. We were both in and out of our respective offices.”
“So it’s entirely possible Mr. Fletcher took a hundred dollars out of the cash box that afternoon?”
“Objection.”
“Sustained.”
“Mr. Lowery, isn’t it true while you don’t know for a fact if Mr. Fletcher actually took any money from the petty cash box, you do know for a fact when you opened the box on Monday morning you found a chit signed by him in the amount of hundred dollars dated April 30th? Is that right?”
“Yes, it is.”
“There was also a chit signed by you dated April 30th for a hundred dollars?”
“That’s right.”
“Were those the only two chits in the box?”
“Yes, they were.”
“Just two chits, accounting for a total of two hundred dollars?”
“That’s right.”
“If there was seven hundred and seventy-five dollars to begin with, those two chits would reduce the amount to five hundred and seventy-five. You claim there was a hundred dollars missing. Is it your testimony that the amount of money left in the box was four hundred and seventy-five?”
“That’s right.”
“So,” Steve said. “We come to the final accounting. Seven hundred and seventy-five dollars was in the petty cash drawer on Friday afternoon. Four hundred and seventy-five dollars was in the petty cash drawer on Monday morning. A total of three hundred dollars was removed. Of that, two hundred is accounted for in chits and one hundred is not. Is that right?”
“That’s right.”
“By your own testimony, you went to that petty cash box, took out a hundred dollars and left a chit. Is that right?”
“Yes, it is.”
“But we’ve only your own word for that, isn’t that right? I mean, aside from your own testimony, there’s nothing to prove you didn’t go to that cash box and take out two hundred dollars, and leave a chit saying you took out only one. Is that right?”