present.”
“Certainly not,” Mandelbaum agreed shortly. “He is reporting what Marie Willis told
Judge Corbett nodded. “That should be kept clear. You understand that, Mr. Bagby?”
“Yes, sir.” Bagby bit his lip. “I mean Your Honor.”
“Then go ahead. What Miss Willis said to you and you to her.”
“Well, she said she had agreed to meet Ashe because he was a theatrical producer and she wanted to be an actress. I hadn’t known she was stage-struck but I know it now. So she had gone to his office on Forty- fifth Street as soon as she was off the board, and after he talked some and asked some questions he told her- this is what she told me-he told her he wanted her to listen in on calls to his home number during the daytime. All she would have to do, when his light on her board went on and the buzzes started, if the buzzes stopped and the light went off-that would mean someone had answered the phone at his home-she would plug in and listen to the conversation. Then each evening she would phone him and report. That’s what she said Ashe had asked her to do. She said he counted out five hundred dollars in bills and offered them to her and told her he’d give her another thousand if she went along.”
Bagby stopped for wind. Mandelbaum prodded him. “Did she say anything else?”
“Yes, sir. She said she knew she should have turned him down flat, but she didn’t want to make him sore, so she told him she wanted to think it over for a day or two. Then she said she had slept on it and decided what to do. She said of course she knew that what Ashe was after was phone calls to his wife, and aside from anything else she wouldn’t spy on his wife, because his wife was Robina Keane, who had given up her career as an actress two years ago to marry Ashe, and Marie worshiped Robina Keane as her ideal. That’s what Marie told me. She said she had decided she must do three things. She must tell me about it because Ashe was my client and she was working for me. She must tell Robina Keane about it, to warn her, because Ashe would probably get someone else to do the spying for him. It occurred to me that her real reason for wanting to tell Robina Keane might be that she hoped-”
Mandelbaum stopped him. “What occurred to you isn’t material, Mr. Bagby. Did Marie tell you the third thing she had decided she must do?”
“Yes, sir. That she must tell Ashe that she was going to tell his wife. She said she had to because at the start of her talk with him she had promised Ashe she would keep it confidential, so she had to warn him she was withdrawing her promise.”
“Did she say when she intended to do those three things?”
The witness nodded. “She had already done one of them, telling me. She said she had phoned Ashe and told him she would be at his office at seven o’clock. That was crowding it a little, because she had the evening shift that day and would have to be back at the boards at eight o’clock. It crowded me too because it gave me no time to talk her out of it. I went downtown with her in a taxi, to Forty-fifth Street, where Ashe’s office was, and did my best but couldn’t move her.”
“What did you say to her?”
“I tried to get her to lay off. If she went through with her program it might not do any harm to my business, but again it might. I tried to persuade her to let me handle it by going to Ashe and telling him she had told me of his offer and I didn’t want him for a client, and then drop it and forget it, but she was dead set on warning Robina Keane, and to do that she had to withdraw her promise to Ashe. I hung on until she entered the elevator to go up to Ashe’s office, but I couldn’t budge her.”
“Did you go up with her?”
“No, that wouldn’t have helped any. She was going through with it, and what could I do?”
So, I was thinking to myself, that’s how it is. It looked pretty tough to me, and I glanced at Wolfe, but his eyes were closed, so I turned my head the other way to see how the gentleman in the dark blue suit seated next to the officer was taking it. Apparently it looked pretty tough to Leonard Ashe too. With deep creases slanting along the jowls of his dark bony face from the corners of his wide full mouth, and his sunken dark eyes, he was certainly a prime subject for the artists who sketch candidates for the hot seat for the tabloids, and for three days they had been making the most of it. He was no treat for the eyes, and I took mine away from him, to the left, where his wife sat in the front row of the audience.
I had never worshiped Robina Keane as my ideal, but I had liked her fine in a couple of shows, and she was giving a good performance for her first and only courtroom appearance-either being steadfastly loyal to her husband or putting on an act, but good in either case. She was dressed quietly and she sat quietly, but she wasn’t trying to pretend she wasn’t young and beautiful. Exactly how she and her older and unbeautiful husband stood with each other was anybody’s guess, and everybody was guessing. One extreme said he was her whole world and he had been absolutely batty to suspect her of any hoop-rolling; the other extreme said she had quit the stage only to have more time for certain promiscuous activities, and Ashe had been a sap not to know it sooner; and anywhere in between. I wasn’t ready to vote. Looking at her, she might have been an angel. Looking at him, it must have taken something drastic to get him that miserable, though I granted that being locked up two months on a charge of murder would have some effect.
Mandelbaum was making sure the jury had got it. “Then you didn’t go up to Ashe’s office with Marie Willis?”
“No, sir.”
“Did you go up later, at any time, after she had gone up?”
“No, sir.”
“Did you see Ashe at all that evening?”
“No, sir.”
“Did you speak to him on the telephone that evening?”
“No, sir.”
Looking at Bagby, and I have looked at a lot of specimens under fire, I decided that either he was telling it straight or he was an expert liar, and he didn’t sound like an expert. Mandelbaum went on. “What did you
