Joel's large face was utterly confused. As Wagner got to his feet the judge said sternly, “Mr. Clair, I will not tolerate sarcasm in this court. I trust I shall not have to warn you again about this.”
Jackson turned toward the judge, his booming voice actually ringing with sincerity. “Your Honor, being a lawyer I respect the court and the law. I was not being sarcastic. This witness has stated the late Mrs. Anthony wanted Prof. Brown to leave the Anthony house because he had taken the Fifth Amendment, as if it was a criminal act. I am merely trying to show that the Fifth Amendment is a part of the Bill of Rights, put into the Constitution for the purpose of—”
“Are you making a speech, Mr. Clair?” the judge asked.
“Sir,” Jackson projected his voice so it filled the courtroom, “I am only establishing that it is neither a criminal act nor a sign of guilt to use the Fifth Amendment This is of the utmost importance to the defense of my client.”
“Proceed with your cross-examination, Mr. Clair, but bear in mind I will not tolerate this court becoming a stage or a soap box.”
Jackson dropped his voice. “I certainly apologize, your Honor, if I have done either.”
Brown was sitting hunched up in his seat From the side his broken nose actually made him resemble an old fighter. I knew what he was thinking: If he became the object of the trial publicity he would have little chance of keeping a job— if he'd found one.
Jackson turned abruptly to Joel, who was trying to vanish into a crack in the chair. “Now, Mr. Hunter, you have stated you heard Mr. Anthony allegedly threaten his wife. Will you—”
Wagner objected to the word “allegedly,” and there was some quibbling between the lawyers as to what constituted a threat. When the judge quieted them, Clair asked, “Mr. Hunter, will you kindly repeat the exact words Mr. Anthony said to his wife?”
Joel stammered, “Well, he—he said, 'Francine, some things I'll take from you because it's a kind of game between us. But Hank Brown is one of the few real things in my life. If you ever say a single out-of-the-way word to Hank, I'll k-kill you. I mean that.' That's what Matt said... I believe.”
“Believe? Did he say it, or not?”
“Yes, sir, he said that. I meant those were the exact words, to the best of my recollection.”
“When Matt Anthony said it was a kind of game between them, did you think... I withdraw the question. Mr. Hunter, after hearing Mr. Anthony say this to his wife, what did you do?”
“Me?” Joel asked, bewildered. “I went upstairs with my wife, to our room. Talked over a book idea with her.”
“And after that?”
“We came down and went outside to sun ourselves, play with the dog.”
“Didn't you call the police, Mr. Hunter?”
“The police?” Poor Joel wiped some sweat from his upper lip with his tongue. “Why should I call the police?”
“Mr. Hunter, if you heard a person threaten to kill another, wouldn't you call the police, do something about it?”
Joel waved his hands, mixing air. “Oh, I knew it was just talk.”
Jackson looked astonished. “Then you didn't consider it a threat?”
“No, sir, I did not.”
“That will be all. Thank you, Mr. Hunter.”
As Jackson walked away, Wagner got up. “One moment, Mr. Hunter. Did you hear Mr. Anthony say to his wife, 'I'll kill you'?”
“Yes, sir,” Joel whispered.
As Joel left the stand, Matt sat tilted back in his chair, studying Joel as if he was a painting. Then he smiled and started writing. Jackson made a few notes, glancing at the jury. He whispered something to Matt, who shrugged and pointed to the pile of papers in front of him, went on writing.
May Fitzgerald was the next witness. Matt stared at her for a long time before he went back to his writing. His hand was tired and several times he dropped his pencil, seemed to shake the fatigue out of his right hand. Wagner established— again—that although May had often heard the Anthonys argue she had never heard Matt threaten to kill Francine, or even to strike her. Jackson gave her a friendly smile as he asked, “Miss Fitzgerald, as far as you know, did Mrs. Anthony ever work?”
“Do you mean did she hold a job?” May asked with her slightly clipped accent.
“Yes, did she hold down a job?”
“Not so far as I know.”
Jackson took a few strides in front of the witness stand. “Did the Anthonys entertain often? Did they often have guests for the weekends, for dinner?”
“Very often. On some weekends we had as many as 20 people out.”
“You were the only maid?”
“Yes.”
“Seems you had quite a lot of work. Did Mrs. Anthony often help you with the cooking or serving?”
“No.”
