“All right, Mr. Vincent,” said the judge, “I’ll allow that, and keep it in mind, but please remember you are only permitted to attack the government’s evidence, not introduce your own.”
“Yes, sir.”
“How can they win if they can’t introduce evidence?” Sally whispered into his ear.
“He’s got to show that their evidence doesn’t add up to what they say it does,” Nick said.
Meanwhile, Kelso struck back quickly.
“Your Honor, I’m not here to indulge in comedy or groundless conspiracy speculation, even when they amount to the same thing. I’m here to argue a point of law. And although this isn’t the forum where absolute truth is to be decided, I think Your Honor will concede that I’ve made exactly what the law demands of me at this point in the proceedings: that is, I’ve established a reasonable argument for motive. It was enough for the Secret Service and the FBI to begin to monitor Mr. Swagger and it should be enough for the court.”
“Young man, it’s not necessary for you to tell me my job,” said Judge Hughes. “But let’s just say your observation isn’t without merit, even if it was delivered to this court in a fashion dangerously close to contempt.”
“I apologize, Your Honor.”
“Then you may proceed with the second part of your argument.”
“As Your Honor pleases,” said Kelso. He retreated briefly to his table.
“We’re not doing too well, are we?” whispered Sally.
“No, I’m afraid we’re not. I thought this old man would have something more than tit for tat stuff.”
“Nick, I’m scared.”
“Just hang on. My part is coming up next and – ”
But Kelso had returned to the center of the floor.
“Your Honor,” he said, “I’d like to enter into evidence the sworn statement of a New Orleans police detective named Leon Timmons. Detective Timmons is not here because, tragically, he was slain in the line of duty last April. But it was Detective Timmons who heroically interceded as Bob Lee Swagger was – ”
“Your Honor, I object,” said the old man, stirring himself to Biblical wrath. “This here evidence is hearsay, beyond the reach of cross-examination. Moreover this ‘heroic’ detective has been named in several internal affairs reports of the New Orleans Police Department of having suspected ties with organized crime in the greater – ”
“Your Honor, Leon Timmons won three commendations for valor under fire in his eighteen years with – ”
“And he drove one of them damned German convertible sports cars that cost more than sixty thousand dollars on a salary of twenty-two thousand five hundred per year – ”
“Your Honor – ”
“All right, all right, gentlemen, quit your squabbling,” Judge Hughes said with a groan. He paused.
“Mr. Kelso, don’t you have a live witness?”
“Shit,” said Nick to Sally.
“Yes, sir.”
“Then let’s end this here. You put your sworn testimony into evidence and I’ll read it at my leisure and if the issue is still in doubt, rule then on its admissibility.”
“That’s fine, Your Honor. I feel my next witness will clear up any doubts anybody will have about the viability of the government’s case.”
Suddenly a bailiff was standing next to Nick.
“Mr. Memphis. From Mr. Utey.”
It was a note.
Nick unfolded it.
It said, Last chance. As you can see, Bob is lost. You can still turn this to your benefit and the Bureau’s advantage. Don’t throw your life and that poor girl’s away for nothing that can be helped anyway.
“What is it, Nick?” Sally whispered.
So here it was.
The whole thing come to this.
His life could be so fine.
Bob was gone anyhow; that was clear. Old Sam Vincent was a cracker-barrel windbag. The evidence was overwhelming. RamDyne had won. He looked behind the prosecution table and saw Hugh Meachum sitting there, his face serene, his blue eyes opaque.
“The prosecution calls Mr. Nicholas Memphis.”
Nick leaned to Sally.
“It’s a note from a ghost,” he said, crumpling it, and walked to the witness’s box without looking at Howard.
Nick took the oath without a lot of emotional investment and tried to find a comfortable position in the hardwood chair. He could see Bob, ramrod stiff, all Marine, staring not at him but into space; and sitting beside him, his slouch carrying with it a suggestion of collapsed feed bags heaped in the barn corner, old Sam Vincent, his jowls slightly rising and falling as he breathed heavily, his eyes enormous behind the thick glasses.
“Your current employment, Mr. Memphis?” asked Kelso.
“I’m currently unemployed. As of yesterday.”
“And until yesterday?”
Nick summed himself up quickly: twelve years, Federal Bureau of Investigation, special agent.
“And can you tell us your duties on the date of March first, of last year?”
“I was part of a multidepartmental task force assigned to a presidential security detail. I was – ”
“Mr. Memphis, please just answer the question I ask without elaboration. You’ve done this before, no?”
“Yes.”
“Good.”
“But – ”
“Mr. Memphis, what did these responsibilities entail?”
“I was parked in a car on St. Ann Street about five blocks from the speech site, Louis Armstrong Park, on North Rampart.”
“I see. What was your job?”
“Uh. Well, it was a Secret Service operation, basically. We were just on the farthest perimeter of the security envelope, pretty much as lookouts, that’s all.”
“I see. Now, please tell me what ensured at exactly twelve-nineteen P.M. that day. You are in your car and – ”
“Well, it’s a lot more complicated than that. See, there’s context, it’s very important, what came before, what came after, what I learned, what was involved, and just to isolate – ”
“Mr. Memphis, you were asked a direct question. You answer with an essay on an irrelevant topic. What ensued at exactly twelve-nineteen P.M. that – ”
Nick felt it all draining away. He’d rehearsed a dozen times, reducing the story into the smallest understandable parts.
“Your Honor, I have to explain, because – ”
“Your Honor, I should explain the witness is here as a hostile. He’s under subpoena and may soon be indicted under federal statutes for impersonating a federal officer.”
“I just need – ”
“Mr. Memphis, you’ve testified before,” said the judge. “You know the rules. If you have a statement to make, I’ll allow you to file it in writing at the end of the proceedings.”
“Sir, I just feel – ”
“Your Honor, he’s got to answer the question.”
I’m hurting him, Nick suddenly realized. I’m coming across like a crazy man, and in doing that, I absolutely hurt the man I meant to help. Kelso knew it. Kelso counted on it. Howard had prepped Kelso well on the weaknesses of Nicholas Memphis, formerly of the Federal Bureau of Investigation.
“Mr. Memphis, I’ll have to hold you in contempt if you don’t answer. I don’t think you want three months in jail added to your current legal difficulties.”
“I just want justice, Your Honor. I – ”
“Mr. Memphis, I have to warn you once more. Answer the question, or I’ll find you in contempt.”
“Yes, sir. But if you would just let me put it in con – ”