“And left before she returned from lunch?”
“Yes, of course.”
“And did Mr. Fletcher and Mr. Lowery leave with you?”
“No. Why would they do that?”
“So you left alone?”
“Yes, of course.”
“Well, Mr. Macklin,” Steve said. “So, when you testify that Mr. Fletcher could not have substituted any bills, because as a trained observer you would have seen him do it, is it not a fact that unless you’re clairvoyant or have x-ray vision, you would have no way of knowing whether he made such a substitution after you had left his office and before the defendant returned from lunch?”
Pearson lunged to his feet to object, but Judge Dalrymple’s banged the gavel and cut him off. Gesturing with it, Dalrymple said, “Sidebar.”
A.D.A. Pearson could hardly contain himself waiting for the court reporter to get set up. When he was finally allowed to speak, it was like opening the flood gates.
“Your Honor, Your Honor,” he said. “This is totally outrageous. It is beyond all bounds. X-ray vision. Clairvoyant. Your Honor has already ruled on those questions. And here is counsel raising them again. It’s misconduct. It constitutes contempt of court.”
Judge Dalrymple shook his head. “My ruling at the time was that no proper foundation had been laid. That no longer applies.”
“Then I object on the grounds that it’s incompetent, irrelevant, and immaterial, assumes facts not in evidence, calls for a conclusion on the part of the witness and is leading and suggestive.”
“It is a hypothetical question only, Your Honor,” Steve said, “for the purpose of impeachment.”
“It is an adroitly framed question,” Judge Dalrymple said dryly, “conveying an entire argument by inference.” He took a breath. “But it happens to be legal. So the objection is overruled. Let’s get on with it.”
The attorneys resumed their positions and the court reporter read the question to the witness.
Macklin shrugged. “Obviously, I can’t answer for what happened after I left the office.”
Steve Winslow smiled. “Thank you, Mr. Macklin. That’s all.”
6
As Marvin Lowery took the witness stand, A.D.A. Pearson was actually rather pleased with how things had worked out..
Frank Fletcher had not made a good impression on the stand. He was too sharp and angular. Too cunning and conniving. He simply did not inspire trust.
Macklin would have been good, until he stubbed his toe by boasting about his detective prowess, laying himself wide open for the X-ray vision fiasco.
But Marvin Lowery was perfect. Middle-aged, roly-poly fat, with graying curly hair and kindly, almost twinkling eyes, the man inspired confidence. This was someone the jurors could relate to. This was someone they could trust. All in all, a good man to close with. A good anchor for the case.
Marvin Lowery was sworn in and testified with easy assurance to his position in the firm and his partnership with Mr. Fletcher.
“And were you present on Friday, April 30th, when detective Samuel Macklin came to the office?”
“Yes, I was.”
“Can you tell us what happened on that occasion?”
“Certainly. There had been shortages in petty cash. Frank and I had decided to hire a private detective.”
“When you say Frank, you mean Mr. Fletcher?”
“Yes, of course.”
“I’m sorry to interrupt. Go on.”
“Anyway, we’d decided to hire a private detective, and Frank-Mr. Fletcher-hired Samuel Macklin. Mr. Macklin came to our office.”
“On April 30th?”
“That’s right.”
“Around what time?”
“Twelve-thirty.”
“What happened then?”
“Well, Frank-Mr. Fletcher-”
“You can say Frank.”
“Thank you. Frank counted out twenty-five twenty dollar bills and handed them to Mr. Macklin. Mr. Macklin wrote down the serial numbers in his notebook.”
“What happened then?”
“Mr. Macklin gave them back, and Frank took the bills and put them in the petty cash box, and put the petty cash box in the petty cash drawer.”
“Did you see him do this?”
“Yes, I did.”
“Can you testify that it was the same bills Mr. Macklin gave him that he put in the petty cash drawer?”
“Absolutely.”
“How can you be so sure?”
“Because I was paying attention. You have to understand, it was an upsetting thing. The thought that someone was stealing from us. I didn’t know if it was true, so I was particularly concerned with what was happening. I paid attention because it was important.”
Pearson nodded gravely. “I see,” he said. “Were you there when Mr. Macklin left that afternoon?”
“Yes, I was.”
“Was that before or after the defendant returned from lunch?”
“It was before.”
“Are you sure?”
“Absolutely. We didn’t want her to see him. We didn’t want her to know what was going on.”
“How long was it between the time Mr. Macklin left and the time the defendant returned from lunch?”
“I can’t be sure. I would say fifteen to twenty minutes, but that’s an approximation.”
“How do you base it?”
“Mr. Macklin got to our office around twelve-thirty. He had to write down the serial numbers on the bills. That took between five and ten minutes. When he was finished, Frank put the bills in the petty cash drawer and Mr. Macklin left. That was somewhere in the neighborhood of a quarter to one. And the defendant would have returned to the office somewhere in the neighborhood of one, when the lunch hour was over.”
“I see,” Pearson said. “And in that fifteen minute interval before the defendant returned from lunch-what were you doing then?”
“Talking to Frank.”
“The whole time?”
“Yes. The whole time.”
“Why was that?” Pearson held up his hand. “Let me rephrase that. Without telling us what Mr. Fletcher said, which would be hearsay, can you tell us in general what
“Of course. About Mr. Macklin and the money and the shortage in the petty cash drawer.”
“I see. So you were with Mr. Fletcher the entire time from when Mr. Macklin left until the defendant returned from lunch?”
“That’s right.”
“During that time, did he have occasion to go near the petty cash drawer?”
“No, he did not.”
“Are you sure?”
