Breathe No More My Lady

“If it gives you any pleasure, go right ahead.”

Wagner turned to the judge, who ordered Mart's answer stricken from the record. Jackson half-stood, as if ready to jump into a fight. When the judge warned Matt about being sarcastic, Matt told him, “I'm not being sarcastic, your Honor. Mr. Wagner has cited me as a criminal expert. As a D.A. he is also undoubtedly an expert on crime, or should be. I merely thought, as one expert to another, he wished to compare notes.”

This was also ordered out of the record. Jackson sat down, shaking his head. He started to make a note, then loudly snapped the pencil between his fingers. The judge glanced at him but didn't say anything.

Picking up another book, Wagner went through the routine of placing it in evidence, then read: “'Well honey, I tried my best to make something out of you, but once a lousy whore always a lousy whore. You could of made us both a pile of folding money, but... this is good-bye. I'll never again put time in a dumb slut.'

“As Martin picked up his hat, she slid off the dirty cot, looking thin and child-like as the sunlight painted her nude body. She stared at him with sad eyes. As he reached the door of the shack, with a motion as fast as a striking snake, she pulled a 38 from under the stained pillow, fired.

Martin tumbled to the floor, holding his left knee. Through his torn and bloody pants, part of a bone stuck out: a gruesome white monument to nothing. She walked over, a delicate sway to her thin hips, took deliberate aim and shot his other knee-cap away. Then she drawled in a tiny voice, 'Ya see, Marty, you ain't never going to leave me. Not even crawl away from me. A hill gal only loves one man. Didn't ya know that, darling?” Unquote. Mr. Anthony, can children buy this book?”

Jackson was on his feet before Matt could answer. “Your Honor, I object to that last line, about children. And I move for a mistrial on the grounds the prosecutor has influenced the jury by this cheap—”

“I didn't write these books, your rare genius did!” Wagner shouted.

The judge banged away with his gavel and in the silence that followed Jackson said, “Your Honor, the defense is willing to concede Mr. Anthony wrote hardboiled crime novels, which by their very nature deal with the seamy side of life, have to be realistic. However, Mr. Anthony did not invent or start this... eh... this school of writing. There are hundreds of such books on sale this minute, and over the years thousands of these books have been written. Therefore, I move for a mistrial on the grounds that by taking passages out of context the prosecutor has not only influenced the jury, but also deliberately misled them with the implication Matt Anthony is responsible for the literary tastes of our country. Obviously the defendant, as a self-employed writer, must write for an established market—he does not create that market.”

The judge quickly denied the motion but ordered Wagner's question about whether children could buy the book stricken from the record. Glancing at the wall clock he asked Wagner, “How many more books do you plan to offer as evidence?”

Wagner eyed the pile of novels on his table, then turned toward the judge. “I should like to read from two more, your Honor.”

“I think you've made your point, Mr. Wagner. You may enter one more book into evidence. Only one. Continue.”

Wagner picked over the books, held up The Last Supper. While Clair was booming his usual objections and being overruled, all I could think was: Would selecting the book help our sales?

Facing the jury Wagner said, “I will now read from page 19. Quote: 'Walking across the bridge they stopped to stare at the brightly lit skyscraper windows—jeweled lace against the dark night. Placing his hands on her shoulders, Walt said, “How lonely it is here. A perfect place for a murder.” Helen moved out from under his hands. He held her shoulders once more. “Must you always avoid me?”

“'She stared up at him boldly. “You want me but what have you to offer in return? You know what I want of you, but you are a weakling.

“'Walt said gently, “You shouldn't push me so hard.”

“'She laughed, the very coolness of her voice infuriating him. “Do what you do so well—talk. You don't frighten me.”

“'Walt said softly, “I never wanted to frighten you. But we all have the will to murder—it is only the opportunity we lack. I have the desire—and this is the opportunity!” His powerful hands raised her to the bridge railing. Helen made only one movement—she kicked him savagely in the groin. His lean face frozen with horror and surprise, Walt did a drunken dance for a moment, then collapsed, both hands urgently pressing what he had always been so proud of. Her cute face showing no emotion, Helen stooped, carefully removed his hands from the apex of his legs, kicked him in the groin again. Watching him groveling in helpless pain, Helen drew back her shapely leg to kick the bloody spot again, then hurriedly walked away. She knew Walt was right, we all have the will to murder.'”

Wagner shut the book. “Mr. Anthony, in the last ten years have you written any other kind of book except what your counsel has termed 'hardboiled crime books'?”

“No.”

“That is all.”

As Jackson got to his feet the judge looked at the clock. It was after one; he said the court would recess for lunch. Jackson stepped toward the bench, said loudly, “If your Honor pleases, I have but a few questions. I would then request the court adjourn until Monday. As this is Friday and since I expected the State's cross-examination to last longer, the defense's last two witnesses, doctors, are not in court.”

The judge motioned both lawyers to the bench. There was a whispered conference—except once—Jackson's deep voice boomed ”... to have them travel back and forth to Riverside... fees are very high and the defendant is broke....” There was more low talk with all of them turning to look at the wall clock—as if doubting it was still there.

Matt sat hunched over in the witness chair, staring out at the courtroom, studying us. Once he stood up and waved his arms around like a pitcher loosening his muscles. He was a frightfully big man.

The lawyers returned to their tables and the judge told the jury, “The court realizes it is well past your lunchtime. However, since Mr. Clair says he has only a few more questions to ask the defendant, we will continue. When Mr. Clair is finished the court will adjourn until ten o'clock, Monday morning.” The jury looked rather relieved.