“Did you touch anything else in the apartment?”
“No.”
“While you waited for the police to arrive, where were you?”
“There.”
“In the apartment?”
“Yes.”
“And while you were waiting for them to arrive, are you sure you didn’t do anything? Start straightening up from force of habit?”
“No, I did not.”
Fitzpatrick nodded. “I see. Now, you say the body was that of David Castleton?”
“Yes.”
“How did you know?”
The witness stared at Fitzpatrick. “I saw him. I saw the body.”
“Yes, Miss Wilkens,” Fitzpatrick said. “But the point I’m making is, how did you know who the body was?”
“He’s the man I work for.”
“I see. Tell me, how long have you worked for David Castleton?”
“Oh, must be two years now.”
“How often did you work for him?”
“Once a week.”
“You came in once a week to clean for the past two years?”
“That’s right.”
“I see,” Fitzpatrick said. “And on that particular morning you arrived at nine o’clock and let yourself in with a key, is that right?”
“Yes.”
“Was that unusual, or do you always do that?”
“I always do that.”
“Why?”
“Why? Because I have to get in. By nine o’clock David Castleton has left for work.”
“I see. So you get there at nine o’clock. And what time do you go home?”
“Four o’clock.”
“Is David Castleton home then?”
“No.”
“Then how do you get paid?”
“He leaves money in the foyer for me.”
“I see. So when you’re finished, you take your money, lock up and go home, is that right?”
“That’s right.”
“I see,” Fitzpatrick said. “Miss Wilkens, I ask you again, how did you know the body was that of David Castleton?”
“I told you. I recognized him.”
“How? According to your testimony, you’ve never seen him. You arrive after he leaves for work and leave before he gets home. When did you ever see him?”
“I saw him when he hired me.”
“When he hired you?”
“Yes.”
“That was two years ago?”
“That’s right.”
“Have you ever seen him since?”
The witness hesitated. “I think there was once when he was home sick.”
“You think?”
“No. I remember. There was a time he was home sick.”
“You saw him then?”
“Yes. I remember, he was sick in bed. He told me to skip his bedroom, he wasn’t feeling well, he just wanted to be left alone.”
“I see. So you left him alone?”
“That’s right.”
“And that’s the only occasion you can recall seeing him since he hired you?”
“Yes.”
“Thank you. That’s all.”
For his next witness, Dirkson called Walter Burke, a radio patrol officer who testified to responding to a report of a possible homicide at 190 East 74th Street.
“And what did you find?” Dirkson asked.
“I found the body of a white male, some twenty-five to thirty years of age, lying face down in a pool of blood. There was a gun lying next to the body.”
“What did you do?”
“Checked for signs of life.”
“Were there any?”
“There were none.”
“So what did you do?”
“Radioed for EMS and a Crime Scene Unit.”
“That’s all.”
The defense did not cross-examine.
Next up was Detective Oswald of the Crime Scene Unit. He testified to arriving at the apartment and photographing the deceased, and a series of eight-by-ten photographs was duly marked for identification, shown to the witness, and received into evidence.
Dirkson next called Harold Kessington, who proved to be the medical examiner. Dr. Kessington was a tall, thin man with no chin and a lot of Adam’s apple. He had a rather cheerful disposition for someone who dealt so often with death, and seemed quite comfortable on the witness stand.
“And what time did you arrive at the apartment, Doctor?” Dirkson asked.
“Approximately nine forty-five.”
“Can you be more precise?”
Kessington shook his head. “No. I can tell you it was after nine-forty, and I can tell you it was before nine- fifty-that I know for sure. But the exact minute I can’t give you. But it was approximately nine forty-five.”
“And what did you find?”
“I found the body of the decedent lying face down on the floor.”
“Did you examine him at the time?”
“Of course.”
“Was he alive?”
“He was dead.”
“And what examination did you make at that time?”
Dr. Kessington smiled. “Only a very preliminary one. I determined the man was dead, and determined he had been dead for some time.”
“How could you tell that?”
“The body had cooled considerably, and the blood on the floor had coagulated.”
“I see. Did those factors tell you the time of death?”
“Oh, absolutely not. I told you this was very preliminary.”
“Did you later determine the time of death?”
“Yes, of course.”
“When was that?”
