“What did you do then?”
“Well, that confirmed our worst fears. Despite the settlement, we were afraid of what this woman might do next. So we made every effort to find out who she was.”
“How did you do that?”
“We sent David Castleton to her attorney’s office. We primed him to tell a story indicating that he was attracted to the defendant and wanted to date her.”
“And did that approach work?”
“No, it did not.”
“He was not put in touch with the defendant?”
“No, he was not.”
“So David Castleton knew all about the situation before you called him in on the night that he was murdered?”
“That’s right.”
“Getting back to that night, he met with you and Milton Castleton after work, then went out, presumably to meet the defendant?”
“That’s right.”
“And where was he going to meet her?”
“At the Cove, a singles bar on Third Avenue.”
“Who chose that as the meeting place?”
“We did. It was a place near the office where David was used to going. I suggested that location in my last phone call with the defendant.”
“And she agreed to it?”
“Yes, she did.”
“She agreed to meet him there?”
“Yes.”
“At what time?”
“Seven o’clock.”
“What time did David Castleton leave his grandfather’s apartment that night?”
“I’m not exactly sure. About six-fifteen or six-thirty.”
“And that was the last time you saw David Castleton alive?”
“Yes, it was.”
“And the instructions you gave him at that time were to meet with the defendant, try to find out what she wanted and in particular to try to find out her real name and address?”
“That’s right.”
“Thank you. That’s all.”
Judge Wallingsford had just turned toward the defense table when Dirkson said, “Excuse me, Your Honor, that’s not all. I’m sorry, Your Honor, there’s one more matter I forgot to bring up. Mr. Danby, are you familiar with the defendant’s brother, Herbert Clay?”
“Yes, I am.”
“How do you happen to know him?”
“He was an employee of Castleton Industries.”
“Who was his immediate superior in the firm?”
“David Castleton.”
“Do you happen to know if Herbert Clay owned a gun?”
“Yes, I do.”
“Did you ever see that gun?”
“Yes, I did.”
“How did you happen to see it?”
“He had the gun for his work. As bookkeeper, it was sometimes his job to deposit large sums of cash. He carried the gun for his protection.”
“You saw him on some of those occasions?”
“Oh, yes. In many instances I actually gave him the money.”
“So you were familiar with his gun?”
“I wouldn’t say I’m familiar with it, but I’ve certainly seen it.”
“I show you a gun marked for identification People’s Exhibit Three, and ask you if that is the gun Herbert Clay had?”
Danby took the gun, looked it over. “I can’t identify positively, but it certainly looks like it.”
“Thank you,” Dirkson said. He took the gun back from the witness. “Now, did there come a time when Herbert Clay left the employ of Castleton Industries?
“Yes, there did.”
“Can you tell us what happened at that time?”
“Yes. When it became clear that Herbert Clay was not going to be returning to the firm, and we were going to have to replace him, we naturally cleaned out his office to make way for the new bookkeeper.”
“Did you clean out the office yourself?”
“No. I ordered it done.”
“Where you present when the office was cleaned out?”
“Yes, I was.”
“What was done with Herbert Clay’s belongings?”
“They were packed in boxes.”
“Including the things in his desk?”
“Yes.”
“Were you present when his desk drawers were cleaned out?”
“Yes, I was.”
“Why?”
“While the employees were packing, I was sorting.”
“What for?”
“To differentiate between Herbert Clay’s personal possessions and those belonging to the company. Naturally, all company papers and files needed to be turned over to the new bookkeeper.”
“I see. So you did the sorting yourself?”
“Yes, I did.”
“And in cleaning out his desk, did you happen to find his gun?”
“No, I did not.”
“The gun was not in his desk at the time?”
“No, it was not.”
“Thank you,” Dirkson said. “That’s all.”
Steve Winslow stood up. “Mr. Danby, you mentioned me in your testimony, did you not?”
“Yes, I did.”
“You said on the afternoon of the incident when Kelly Wilder left Milton Castleton’s employ, I came to Milton Castleton’s apartment, accused you of sexual harassment and improper termination, and effected a settlement. Is that right?”
“Yes, it is.”
“Fine,” Steve said. “On that occasion, when I came there and made those accusations, what explanation did you give for the defendant leaving her job?”
“Objection, Your Honor. Incompetent, irrelevant and immaterial.”
Judge Wallingsford frowned. “Let’s have a sidebar.”
When the attorneys had gathered at the sidebar, Judge Wallingsford said, “Mr. Winslow, I tend to agree with Mr. Dirkson. This is certainly a side issue and hardly relevant.”
“It relates to his bias,” Steve said.
“We freely admit his bias, Your Honor,” Dirkson said. “The witness is fiercely loyal to Castleton Industries and is biased against the defendant because he believes that she killed David Castleton. Any remarks he may have made about her leaving her employment are certainly a side issue.”
“I suppose that would depend upon the answer given,” Judge Wallingsford said. “Mr. Winslow, are you assuring me his answer will show bias?”
“The point is actually moot, Your Honor,” Steve said. “The question is admissible for another reason.”
“What is that?”
“It’s an elemental rule of law that when the prosecution introduces part of a conversation on direct examination, the defense is entitled to the entire conversation on cross.”
“But I didn’t ask for any conversation,” Dirkson said.
Steve smiled. “Come, come. Didn’t the witness testify that I came to Milton Castleton’s apartment, accused him of sexual harassment and demanded a settlement?”
“But that’s not asking for a conversation.”
“Do you contend that I came there and handed them my demand in writing, or perhaps conveyed it to them by mental telepathy?”
Dirkson frowned.
Judge Wallingsford said, “I think that’s conclusive, Mr. Dirkson. As far as the court is concerned, the door is open. The objection is overruled.”
After the judge and the lawyers had resumed their positions, Steve Winslow said, “I’ll repeat the question, Mr. Danby. On the occasion when I came to Milton Castleton’s apartment, accused you of sexual harassment and demanded a settlement, what explanation did you give for the defendant leaving her employment?”
Danby shifted position on the witness stand. “I believe I said that she had made improper advances toward me.”
“You believe you said that?”
“No, I said that.”
“That is what you said, Mr. Danby?”
“Yes, it is.”
“That’s mighty strange. You just got on the witness stand under oath and told us the defendant left Milton Castleton’s employ because you caught her playing with the computer terminal and thought she was an industrial spy. Did you not so testify?”
“Yes, I did.”
“Well, gee, which is correct, Mr. Danby? The story you told on the witness stand, or the story you told me that day in Milton Castleton’s apartment?”
“I have testified to the truth.”
“Then the story you told me in Milton Castleton’s apartment was a lie?”
Danby took a breath. “It was not the entire truth.”