Lowery shifted position on the stand again. He cleared his throat. “You have to understand. We are an active firm. In the process of doing business. It wasn’t as if we could close our doors just because this incident occurred.”
Steve Winslow raised his eyebrows. “Oh, I see. Are you trying to say the petty cash drawer was in use?”
“Exactly.”
Steve smiled. “So. Are you telling me money was
“Objection, Your Honor!”
“Overruled.”
“Are you telling me money was removed from the drawer between the time you counted the money on Friday, April 30th and the time you counted the money again on Monday, May 3rd?”
Marvin Lowery looked peeved. His eyes were narrowed, and his lips were set in a firm line. “I’m not sure what my rights are,” he said, “but I would like to object to the word
“Accounted for? Are you talking about a written accounting?”
“Yes, of course.”
“Well, that’s mighty interesting,” Steve said. “That record itself may well be evidence. What sort of record was it?”
“A ledger.”
“A ledger? I see. And by that are you referring to the company’s books, or a separate ledger kept for petty cash?”
“A separate ledger just for petty cash.”
“I see. And was it kept in the petty cash box?”
“It was too large for that. It was kept in the drawer underneath it.”
“The same drawer?”
“Yes, of course. Right underneath the box.”
“I see. So on Monday morning when you counted the money in the petty cash box, you referred to the ledger to see if any money had been withdrawn?”
Lowery shifted position again. “Actually, no.”
“Oh? And why is that?”
Lowery rubbed his head. “As I say, the ledger was under the box. It was a nuisance to constantly drag it out just to make a single entry. It was common practice when taking petty cash to simply leave a chit in the box stating the date and the amount.”
“I see. And that’s what had been done on this occasion?”
“That’s correct.”
“Are you saying petty cash had been taken out on Friday for use over the weekend?”
“That was standard practice,”
“I’m not saying it wasn’t. I’m merely asking if it was done on this occasion.”
“Yes, it was.”
“Money had been taken from the petty cash box and a chit left in its place?”
“Yes.”
“And who had done this, Mr. Lowery? Who took the money from the petty cash box for use over the weekend?”
Lowery cleared his throat. “As if happened, I had a business appointment on Saturday, and-”
Steve Winslow’s grin broadened. “Are you saying
“That’s right.”
“How much did you take?”
“A hundred dollars.”
“A
Lowery’s face reddened. “Which was duly accounted for,” he said.
“By that you mean you left a chit?”
“That’s right.”
“On the afternoon of Friday, April 30th, you took a hundred dollars from the petty cash box and left a chit in its place?’
“That’s right.”
“I see,” Steve said. “So you’re now testifying that when you counted the money on Monday, May 3rd, there was
Lowery exhaled. “No, sir.”
“No?” Steve said. “I thought there was seven hundred and seventy-five dollars in the box. You took out a hundred and left a chit, leaving six hundred and seventy-five. If a hundred was missing, wouldn’t that make five hundred and seventy-five?”
“Of course,” Lowery said. “You’re assuming that was the only chit in the box.”
“You mean it wasn’t?”
“No, it wasn’t.”
“You mean someone else took money from the petty cash box and left a chit in its place?”
“That’s right.”
“And who would that be?”
“Mr. Fletcher.”
Steve Winslow’s grin was enormous. “Frank Fletcher?” he said. He raised his voice. “Your business partner? The same Mr. Fletcher who testified so vehemently he could not possibly have paid the defendant with bills from the petty cash box because he had witnesses to the fact he had put them all in?
“Objection, Your Honor!”
“Sustained.”
“Mr. Lowery,” Steve said. “Are you telling me when you opened the petty cash box on Monday, May 3rd, you found in it two chits for money that had been withdrawn, one signed by you and one by Mr. Fletcher?”
“That’s right.”
“Both dated April 30th?”
“I believe so.”
“You’re not sure?”
“No. That was the date.”
“Yours was for a hundred dollars. How much was his?”
“It was also for a hundred.”
“So,” Steve said. “Some time on the afternoon of April 30th Frank Fletcher withdrew a hundred dollars from the petty cash box?”
“Objection. Calls for a conclusion on the part of the witness.”
“Sustained.”
“Mr. Lowery, did you
“No, I did not.”
“Would you have seen him if he had?”
“Objection.”
“Overruled.”
“Not necessarily. We were both in and out of our respective offices.”
“So it’s entirely possible Mr. Fletcher took a hundred dollars out of the cash box that afternoon?”
“Objection.”
