presenting a pretty good case. They had brought out a witness who was testifying to the brutality of the murder. Henry leaned over to John. "Are they allowed to be so graphic?" He continued with, "Couldn't that be considered inflammatory? Maybe you should object."
John whispered back that there was not much he could do. The Prosecution was within its rights.
"Approach the bench!" The judge severely summoned the attorneys from both sides. William Crane and John Barclay moved forward. There was an out-of-earshot animated discussion, then the consultation was broken off. John Barclay came back to the table.
"What did the judge have in mind, John?"
"The judge was very disturbed at the methods being used by the Prosecution. They were told to cool it. You were right, I should have objected."
"How did Mr. Crane feel about this?"
"He was furious and made a formal protest. On balance, this was good for you. Your chances have improved a good deal."
In the afternoon, a procedural battle erupted over whether an individual named Gordon Effram should be heard. Henry knew who Gordon was. This man could place him at the Los Angeles airport at eleven. His testimony would be devastating. John's argument that the existence of Gordon should have been revealed to the Defense before the trial began was weak. But that's all they had, and they had to go with it.
The judge listened to the arguments of both sides, then decided in favor of the Defense.
"It appears that the people had ample opportunity to inform the Defense of this witness, Mr. Crane," the judge declared angrily. "I will not allow this testimony. I have to warn you, councilor, that your conduct in this matter has been duly noted. Now, as the hour is getting late, we will adjourn and resume at nine tomorrow morning."
As Henry walked out of the courtroom, he discussed the events of the day with Mr. Barkley. "They don't have a great deal left, Henry" John said. "The evidence is strong, of course, but it's circumstantial. We have just one more hurdle to overcome, then I think you'll make it."
In the library, Henry depressed the digits of the number he had dialed the night before.
"Hello, darling," he said, "How do you think the jury feels about what happened today?"
He listened.
"No, sweetheart, I don't have my eye on any of the women in the jury. I was just studying their faces to see if I could guess what they were thinking. When compared to you, they're nothing."
There was a pause.
"Yes, dear, tomorrow should be a decisive day. And do be careful. I caught you looking at me with that special way you have. There will be plenty of time for those looks later."
"On the following day, the State presented records from the Statewide Cab Company and offered the testimony of the cab driver who had driven a man close to Hidden Acres. The driver stated positively that the man was Henry Wilton.
Mr. Barkley introduced evidence that the witness had been fired from his previous position for drinking. The objections from the Prosecution were to no avail. They were summarily overruled, and the destruction of this witness was allowed to continue without interruption.
The State attempted to introduce records obtained from Los Angeles International Airport. John was able to have most of them stricken because of missing affidavits. This favorable ruling was based on a technicality, to be sure, but the Defense had prevailed.
The State rested. "Mr. Barkley, Are you going to make a motion?" Judge Mannerheim asked.
John seemed taken aback, then remembered that it was customary to move for dismissal on the grounds that the State had not presented a prima facie case. These kinds of motions were usually denied. He made the motion in a desultory manner.
"Motion granted!" The judge turned to face the district attorney. "Mr. Crane, the behavior of the State in this courtroom has been reprehensible. Whatever case you might have had was destroyed because of the slipshod, even clumsy manner, in which you conducted your case. See me in chambers immediately!"
There was bedlam in the courtroom over the unexpected turn. People rushed to congratulate Henry and his attorneys. The Prosecution was stunned and stood numbly by. Reporters dashed for the phones.
"Send me your bill," Henry shouted to Mr. Barkley and hurriedly left the courtroom. A police officer drove his Rolls to the front of the building. Henry entered the car and turned the vehicle toward his home.
Meeting his valet at the door, Henry told him to take the evening off. He wanted to be alone and rest.
An hour after Thomas had left, the chimes announced a late caller. Henry hurried to the door and let in a beautiful visitor.
"You always did look lovely in black, your honor," he said, but those bulky robes don't do a thing for you."
He drew her close and kissed her passionately
"I knew you were on my side," he said "but what you did today was outrageous. They're going to be very angry with you, Lee."
"What are they going to do about it? Now that they don't have you as the political victim of the century, they'll have to go after Mike Chandler and the maid. My spies in the DA's office tell me that they've had Mike under surveillance for several weeks. They didn't move aggressively against him because they felt you were easier. In chambers, I told Mr. Crane what I knew, and what would happen to the pack."
"Henry, you know what a stickler I am for ethical behavior. I wouldn't have taken such extreme actions if I hadn't known the truth. But, my love, what a dunce you were that night! When you flew down to see me, you played right into the hands of the Prosecution. It was lucky for you that the judge knew you were innocent!"
Author's Note, If you liked this story, would you also check out "Pretty White Leather Bag," "Little Girl Lost," "English Major," and "Tomorrow I Will Disappear Again."
Judge Me Fair A Love Story Page 2