“Because they’re stupid.”

Judge Washburn frowned. “That’s hardly a complete answer.”

“Also because they’re greedy.” Walsh nodded judiciously. “Yeah. Greedy and stupid. That about covers it.”

Judge Washburn exhaled. “Mr. Walsh-”

“Yeah, I know, I know,” Walsh said. “I have to prove I’m sane. Funny, isn’t it? If I were charged with a crime I’d be presumed innocent until proven guilty. Here it’s the other way around. Some guy says I’m crazy, and the burden of proof is on me to prove I’m sane.” Walsh squinted up at the judge. “Something a little wrong with that, isn’t there?”

“Mr. Walsh, that is not exactly the case-”

“It’s close enough. You’ll pardon me if I don’t take kindly to it. Understand, I have no contempt of court. I do have a certain amount of contempt for my in-laws.”

“I understand, Mr. Walsh. Still, I am the judge, and I have to make my ruling. Now that may be unfair, but it happens to be the law. So any way you can assist me in doing it, I would appreciate. Now, with regard to the specific allegations: it has been stated that recently you sold the house in which you were living out from under yourself. Is that true?”

Walsh nodded. “Yes. And out from under my relatives. That’s what really set them off.” Walsh looked up at the judge. “I suppose you’d like me to tell you why?”

“That would help.”

“Right. I have to justify my actions. They don’t have to justify theirs.”

Steve Winslow shifted in his seat, started to get up. He thought better of it. Nothing he could do at this point was going to help. Jack Walsh was going to have to sink or swim by himself.

Judge Washburn took a breath. “I think I stated my position, Mr. Walsh. At any rate, this is your opportunity to explain. If you care to do so.”

Walsh nodded. “Yeah, I care to do so. O.K. Here’s the story. My relatives, I’m sorry to say, are a rather shiftless lot. Particularly my in-laws. I don’t want to bore you with specifics, but the fact is, there isn’t a wage- earner among ‘em. In a way it’s my fault-they’ve always had me to lean on. They lived in my house, ate my food. Why the hell should they work?

“Only lately it got worse. In the last year. Suggestions started cropping up. I was getting old. I wasn’t going to live forever. Inheritance taxes were astronomical. Wouldn’t it be nice to get around some of them? How? By making certain gifts during my lifetime. Suggestions of that kind.

“Well, needless to say, I didn’t take kindly to such suggestions. I didn’t make any big deal about it, I just ignored ‘em. But they got more and more persistent.

“Then they stopped talking altogether. That was somewhat strange. I wondered why.

“Then one day I overheard Jason and Fred talking. You know what they were talking about?” Walsh spread his arms wide. “Just what we’re doin’ here. Declaring me incompetent and grabbin’ the cash.

“Well, pardon me, Your Honor, but that was the last straw. I did not need people living in my own house who were plotting against me to get my money. As far as I was concerned, that was beyond all bounds. I confronted them, and told them they could get out.”

“What happened?”

“They laughed at me. Said I didn’t mean it. I was an old man, I didn’t know what I was doing.”

Walsh shrugged. “Well, I was stuck. I didn’t know what to do. If they wouldn’t leave, I couldn’t make ‘em. I mean, I could have started legal proceedings to have ‘em evicted, but I figured that would be playing right into their hands. Only a crazy man would try to get the law to throw his relatives out of his own house. If I instituted proceedings, they’d use the fact that I’d done so to try to get me certified insane.

“So I couldn’t do that. But I couldn’t live in the same house with them, not under those circumstances. So I thought it over and decided if they weren’t going to leave, I would.”

Walsh stopped and shook his head. “That was an awfully galling situation. I mean, it was my house, damn it. Why should I go and let them stay?

“So I figured there was only one thing to do. I’d sell the house out from under them. I hated to do it, but I couldn’t live with them, and I was damned if I was going to let them run me out and leave them in charge.”

Walsh shrugged. “So I sold the house.”

Judge Washburn nodded. “And went to live on the subway?”

Walsh made a face. “What, are you nuts? Why should I live on the subway?”

Judge Washburn frowned. “Mr. Walsh, we have the testimony of Jason Tindel and Fred Grayson that you told them you were going to live on the subway. Is that true?”

“Yes, I did. And if you wanna declare me insane for making a facetious remark, I suppose you have the right to do so.”

“Are you saying-”

“Yes I am. I made a wisecrack. A stupid remark. If they took it seriously, it shows how bright they are.

“When I sold the house they were hysterical. They were all over me. ‘You can’t do that. Are you crazy? Where are you going to live?’ I said, I don’t know, I don’t care, I’d rather live on the subway with the bums than in this house with you.’ It was a flippant remark and they took it for gospel. What can I tell you?”

“You’re saying you don’t live on the subway?”

“Of course not.”

“Where do you live?”

“I got a room at the Holiday Inn on 57th Street. I had it ever since I sold the house. I didn’t know how long I’d need it for, so I booked it for a year.” Walsh shrugged. “Little expensive, but I got the money.”

Franklyn struggled to his feet. “Your Honor, this comes as a bit of a surprise. There is no evidence in this case that this man has ever had a room anywhere, and-”

Judge Washburn held up his hand. “Sit down, Mr. Franklyn. Your surprise is noted. This will of course be checked out.”

Judge Washburn turned back to the witness. “Mr. Walsh, you say you’ve been staying at the Holiday Inn on 57th Street?”

“That’s right.”

“You have a key for the room?”

“Not on me. I leave it with the desk.”

“Your possessions are in that room?”

“My immediate possessions. Most of my stuff is stored in a warehouse in Brooklyn. My necessities are at the Holiday Inn.”

“Yet, Mr. Walsh, we have the testimony of Jason Tindel to the fact that he ran into you in the street, and without your knowledge, he followed you to see where you would go. And on that occasion you went down in the subway and took up residence with the homeless there. What do you say to that?”

Walsh grinned. “What Jason Tindel don’t know would fill a book. Without my knowledge, did you say? On that occasion, as you call it, I spotted Jason Tindel well before he spotted me. When I saw he was spying on me, I must admit I decided to yank his chain a bit. He wanted to see how I was living. Well, I told him I was living on the subway, so let him think I was. As soon as he started following me, I went down in the subway and started talking to the homeless there. I knew it would drive him nuts.”

“And the time you were taken to Bellevue?”

“Same thing. Fred Grayson saw me in the street. Started tagging along. So I led him down in the subway. What I didn’t know was that they’d already been in cahoots with a shrink and had commitment papers drawn. Evidently while I was down there Fred Grayson called for reinforcements, Jason Tindel rounded up the Bellevue orderlies, and you know the rest.”

“I see,” Judge Washburn said. “There is another allegation, Mr. Walsh, that you drew out close to two hundred thousand dollars from your bank account, and that you have been wandering around with the money on you in cash.”

“Oh yeah?” Walsh said. “Funny the shrinks at Bellevue didn’t mention it. Now I admit those guys are not very swift, but you’d think if I’d checked in there with two hundred grand on me, even they would have noticed it.”

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