The Innocent Woman

person?”

“No, they did not.”

“Or any of the money on Frank Fletcher’s person?”

“No, they did not.”

“So, is it or is it not a fact that Mr. Macklin was employed solely to catch Miss Dearborn?”

“Absolutely not. He was hired to find out why cash was missing from the petty cash drawer.”

“How much was he paid?”

“Objection. Incompetent, irrelevant and immaterial.”

“Overruled.”

“His rate was two hundred dollars a day, with two days guaranteed. He was paid four hundred dollars in advance for the two days, Friday, April 30th, and Monday, May 3rd.”

“Since the defendant was arrested on the third, am I to assume he received no further compensation? Aside from his appearance here in court, I mean.”

“Actually, he was paid more.”

“Oh?”

“Yes. There was provision for additional compensation in the event the case was solved.”

“Solved?” Steve said. “What an interesting term. And just what would constitute that? Are you telling me if Mr. Macklin’s testimony results in the defendant being convicted, he will get more money?”

“Not at all,” Lowery said indignantly. “As a matter of fact, he’s already been paid.”

“Oh?”

“Frankly, we considered the case solved upon the defendant’s arrest.”

“You paid Mr. Macklin then?”

“That is correct.”

“How much additional did you pay him?”

“Two hundred dollars.”

“Did you pay him by check?”

“No, we paid him in cash.”

“Really?” Steve raised his eyebrows. “Would that be from petty cash?”

It took only one look at Lowery’s face to see that shot had scored.

“So,” Steve said. “Would it be safe to say that on Monday, May 3rd, you, Frank Fletcher, Mr. Macklin and the defendant Miss Dearborn were all in possession of twenty dollar bills matching the serial numbers on Mr. Macklin’s list?”

A. D. A. Pearson’s vehement objection was sustained, but Steve, having made his point, merely smiled and said, “No further questions.”

And when Pearson announced that he was resting his case, Steve Winslow promptly rested his.

8

Steve Winslow’s closing argument was brief.

“Ladies and gentlemen of the jury,” he said. “I’d like to begin by explaining why I put on no defense. The reason is, I don’t have to. I don’t have to prove the defendant innocent. The prosecution has to prove her guilty. She is presumed innocent before we even begin.”

Steve smiled. “As I’m sure you will all recall. Hard to believe that was only this morning. This trial has moved very quickly.

“And for a good reason.

“The prosecution has no case.

“Search through all the testimony of all of their witnesses and what have they got? Two twenty dollar bills.

“That’s it. Out of everything you’ve heard today, the only evidence whatsoever liking the defendant to the crime is those two twenty dollar bills. The ones Mr. Macklin has testified that he found in her purse. On the basis of those two twenty dollar bills, the prosecutor would like you to find the defendant guilty.”

Steve smiled and shook his head. “Well, I can understand why he feels that way. And I can understand why he brought this prosecution. At first glance, it certainly appears damning.” Steve assumed a mock dramatic voice. “Here are the twenty dollar bills, the serial numbers carefully recorded, placed in the box, two of which subsequently turn up in the possession of the defendant.” Steve raised his eyes in wonderment. “Damning? Hell, it’s a wonder a trial is needed. Why not send her straight to jail?

“Until you look a little closer at the evidence.

“Frank Fletcher took a hundred dollars from the petty cash box.

“Marvin Lowery took a hundred dollars from the petty cash box.

“Samuel Macklin was paid two hundred dollars from the petty cash box.

“Now, the police didn’t inspect any of their bills, only those of the defendant. But if the police had looked at their bills, there is every reason to believe several of those in question would have been found on each and every one of them.

“So, if the only criterion for guilt was possessing those twenty dollar bills, could we say that since Marvin Lowery had some in his possession, he must be the thief?

“Or the same of Frank Fletcher?

“Or Mr. Macklin?”

Steve smiled, pointed to Pearson. “Now, I know what the prosecutor will argue. He’ll say that they had a right to have possession of those bills. That their possession of those bills is accounted for. And the defendant’s isn’t.”

Steve shrugged. “Maybe, maybe not.

“Which brings us to the doctrine of reasonable doubt.

“To find the defendant guilty, you must find her guilty beyond all reasonable doubt. If there is any doubt in your mind that she is guilty, you must find her innocent. Well, I would think that all four people in that office having possession of those bills would be enough to do it right there.

“But I’m willing to go a little further to help you out, to make your job a little easier.

“The other part of the doctrine of reasonable doubt is, if the evidence of prosecution can be explained by any other reasonable hypothesis other than the guilt of the defendant, then you must find the defendant not guilty.

“The only evidence presented is the fact she had those two bills. The prosecutor says she must have stolen them. We say she didn’t.

“Okay, how else could those bills have come into her possession?

“Perfectly easy. Frank Fletcher took a hundred dollars out of petty cash on April 30th. We know because he left a chit in the petty cash box. And he paid the defendant her salary in cash. That very afternoon. And that was after he took the money out of the petty cash box, because by his own admission, he paid her her salary just before he went home.

“Is it reasonable to assume he paid her salary with some of the recorded bills? Well, I can’t prove it, but I don’t have to. All I have to do is show it’s possible. If it’s possible, reasonable, logical, that such a thing could have happened, then you must give the defendant the benefit of that reasonable doubt and assume that it did.”

Steve Winslow raised his hand. “Now, the prosecutor may say that’s all well and good, but what about the hundred dollars missing from the petty cash drawer? What happened to that?”

Steve shrugged. “Well, a lot of things. For one thing, the defendant might have stolen it.” He smiled, shrugged again. “Hey, it’s possible. Didn’t happen. But it’s possible. And if you were allowed to bring in a conviction on the grounds that something was possible, well then this defendant would be going to jail.

“But that’s not the way the law works. If any other solution is possible, the defendant goes free.

“In this case, the possibilities are practically endless.

“For one thing, Marvin Lowery could have done it. By his own admission he went to the cash box and took out