the day.”
“I see. And where did you pick her up?”
“At a coffee shop on Lexington Avenue and 46th Street.”
“Can you tell us what happened?”
“Yes, sir. We took up positions on the street from which we could watch through the window and observe the defendant in the coffee shop.”
“What was she doing?”
“She was sitting at a table having coffee and a roll.”
“Was anyone with her?”
“No. She was alone.”
“And what did she do?”
“Well, evidently she was waiting for someone, because-”
“Objection, Your Honor.”
“Sustained.”
“That’s a conclusion on your part, Mr. Fisher. Don’t tell us what you thought, just tell us what you saw. What did you observe her do?”
“She sat at the table. She sipped her coffee. She seemed-”
Dirkson held up his hand. “Uh uh. Just what she did.”
“Yes, sir. She looked at her watch several times. She kept looking at the door. She looked out the window toward the street. I know that particularly, because my partner and I had to keep ducking back out of the way so she wouldn’t spot us.”
“How long did she remain in the coffee shop?”
“Until five o’clock.”
“A whole hour after you took over?”
“That’s right.”
“Did anyone join her in that time?”
“No, sir.”
“And in that whole time, the only thing she did was to consume a cup of coffee and a roll?”
“Yes, sir. Actually, I believe the waiter freshened her coffee once, but that was it.”
“She left the restaurant at five o’clock?”
“Yes, sir.”
“Where did she go?”
“She went down the street to a garage and got her car.”
“You followed her?”
“Yes we did.”
“How?”
“There’s no parking in that area, is there? So where was your car?”
“In another garage.”
“How did you manage to get to your car and still keep the suspect under surveillance?”
“Well, we knew she was parked in a garage, so-”
Dirkson held up his hand again. “Uh uh. Please, Mr. Fisher. You only know that because of what someone else told you, right? The other detectives. And you can’t testify to that. Just tell us what you did.”
“Yes, sir. When she left the coffee shop, my partner ran to get our car, while I tailed the defendant.” Fisher looked at Dirkson. “Am I allowed to say why?”
“As long as you just describe the procedure and don’t give us your conclusions and tell us what you suspected.”
“Yes, sir. Well, the procedure was I would tail the woman on foot while my partner got the car. That way, in case we had to follow her by car we’d be prepared. In the event she took off by car or taxi before my partner could bring the car around, then I would tail her alone in a taxi, and phone in her location at the first opportunity. My partner, not finding me, would call the office, get the location, and meet me there.”
“Did that happen in this case?”
“No, sir. The defendant went straight to a garage and handed in her claim ticket. My partner drove up in our car before she went out.”
“What happened then?”
“She got in her car and drove downtown.”
“To where?”
“East 3rd Street.”
“What happened then?”
“She drove around until she found a parking space.”
“Did she find one right away?”
“Actually, it took a little time. We went around the block a few times and made a few loops.”
“But eventually she found one?”
“Yes, she did.”
“And what time was that?”
“Approximately five twenty-five.”
“What happened then?”
“She parked the car, got out, walked directly to 249 East 3rd Street, and went inside.”
“Did you follow her inside?”
“No, sir, we did not. We set up surveillance outside the building to pick her up again when she came out.”
“And did she come out?”
“Yes, she did.”
“And when was that?”
“Approximately five minutes later.”
“What happened when she came out?”
“She seemed terribly agitated.”
“Objection, Your Honor.”
“Sustained.”
“Never mind what you thought. What did she do?”
“She came out the front door. She looked up and down the street. Very quickly, you know. Then she came down the front steps fast, turned, and headed toward her car.”
“At what speed was she walking?”
“Fast. Very fast. She was practically running.”
“Did she do anything else?”
“Yes, sir. She kept looking back over her shoulder.”
“What did she do then?”
“She got in her car and drove back to her house in Glen Cove.”
“What time did she get there?”
“About seven o’clock.”
“What did you do then?”
“We stayed and kept the house under surveillance.”
“Until what time?”
“A little after nine.”
“Was that the end of your shift?”
“No.”
“Then why did you break off surveillance at that time?”
“At nine o’clock I called in to report. I was instructed to cease the surveillance and-”
“Objecton to what he was instructed to do,” Fitzpatrick said. Then, noting the look on Judge Graves’s face,
