information as to the date and time of the holdup—Wednesday, July twentieth, at ten-thirty, and the place, which was the watering tower ten miles south of Lone City. In that same letter, I asked him to be in the car with his deputies in order to facilitate the arrest of Dodd and his confederates.”
“Objection, Your Honor,” Roswell called. “The letter is not in evidence.”
“Can you produce the letter, Mr. Cabot?” Judge Briggs asked.
“No, sir. I sent the letter to Sheriff Wallace, so I don’t have it. But I can prove that I sent it.”
“How can you prove it?”
“I would like to call as my first witness Minnie Smith. I told her about the letter.”
“Objection, Your Honor,” Roswell called. “That would be hearsay. ”
“Sustained. You cannot call Miss Smith.”
“Then I would like to call Dr. Baker to the stand.”
“Did Dr. Baker actually see you mail the letter?” Judge Briggs asked.
“No, sir, he didn’t see me mail the letter, but I told him that I was going to mail the letter. And I told him before I sent it.”
“Objection,” Roswell called.
“Sustained.”
“May I call Nate Nabors?” Bobby Lee asked, his voice almost pleading.
“Are you calling Mr. Nabors as a character or a material witness?” Judge Briggs asked.
“I’m not sure I understand the difference.”
“A character witness will testify as to your character,” Judge Briggs explained. “He will tell what a fine upstanding citizen you are, when you are not murdering Western Capital Security Agency messengers.”
The gallery laughed, and Bobby Lee fumed, knowing that the joke and the laughter were at his expense.
“A material witness’s testimony will provide testimony that provides direct evidence pertaining to the case.”
“In that case, Your Honor, Mr. Nabors is a material witness.”
“You may call him.”
“Nate?” Bobby Lee called.
“Your Honor, may I inquire if the defendant is going to ask the witness about the supposed letter?”
“Are you going to ask about the letter?” Judge Briggs asked.
“Your Honor, I told Mr. Nabors about the letter.”
“Did you show him the letter? Did he see you mail it?”
“No, Your Honor.”
“Your Honor, I object to this witness.”
“Objection sustained. You may not call the witness, Mr. Cabot.”
“Your Honor,” Bobby Lee said in obvious frustration. “If you won’t let me call any witnesses, then I don’t know how I’m going to prove that I sent that letter.”
“If the only witnesses you have are people that you told about the letter, then their testimony would be considered hearsay and is not admissible,” the judge said. “Have you anything else to offer in your defense?”
“Wait a minute,” Bobby Lee said. “What about Fred Welch?”
“Who is Fred Welch?”
“I am Fred Welch, Your Honor,” a man said. He was sitting in the gallery.
“Mr. Cabot, what is Mr. Welch’s relationship to this case?”
“He is the postman, Your Honor. He delivered the letter.”
“Is that right, Mr. Welch?” the judge asked. “Did you deliver the letter in question?”
“I don’t know,” Welch replied.
“You don’t know?”
“Your Honor, I deliver hundreds of pieces of mail every day,” Welch said. “And I deliver a lot of mail to the sheriff. I don’t ever notice who the mail is from, only where it is going. It could be that I delivered the letter that Mr. Cabot is talking about, but if I did, I don’t remember it.”
“Your Honor, if this witness cannot support the defendant’s claim as to the delivery of the letter, then I see no merit to his being called,” Roswell said.
“I agree, Mr. Roswell,” Judge Briggs said. “Defense move to call Fred Welch as a witness is denied.”
“Your Honor, you have not let me call any witnesses at all,” Bobby Lee said.
“That’s because you have not presented a witness who is material to the case,” Judge Briggs said. “Now, I will ask you again. Have you anything further to present in your defense?”
