“Objection,” Dirkson said.
“Sustained.”
“Miss Wilder, did David Castleton make any other comments about the memo?”
“Yes, he did.”
“What did he say?”
“He was shocked.”
“Objection. Not responsive to the question.”
“Overruled. You can cross-examine on it. Go on, Miss Wilder.”
Kelly took a breath. “Well, he was shocked. He said he couldn’t believe that this had happened. He said his grandfather couldn’t possibly have known about this, because his grandfather wouldn’t have allowed it. And he couldn’t imagine how this could have happened without his grandfather knowing about it. Because his grandfather was on top of everything. That’s why he was shocked.”
“I see,” Fitzpatrick said. “Tell me, Miss Wilder, did he express any doubt about the memo?”
“Doubt?”
“Yes. Regarding its authenticity. Was he skeptical? About what it was and where it had come from?”
Kelly hesitated. “Well, actually he did. In fact, he was quite skeptical at first. He asked me a lot of questions about the memo. About how I found it, about how I knew it was there, how I knew where to look for it.”
“How did you answer those questions?”
“Well, you have to understand. David Castleton didn’t know what you know. He didn’t know I was Herbert Clay’s sister. He didn’t know I’d spoken to him in jail.”
“What did he know? What did you tell him?”
“I told him he’d have to take me on faith. I told him that I had access to this information and had reason to believe it to be true.”
“Did that satisfy him?”
“No, it didn’t.”
“What did?”
“Objection. There’s no testimony that David Castleton was satisfied.”
“Sustained.”
“Were you able to satisfy him?”
“Not entirely. But I gave him an argument that he didn’t have an answer to.”
“What was that?”
“If what I told him wasn’t true, why else would I have taken that despicable job?”
“What did he say to that?”
“He had no answer. I think he believed me.”
“Objection. Move to strike.”
“Overruled.”
“What did he do then?”
“Well, he was very upset.”
“Why?”
“Because of the implications. If Herbert hadn’t embezzled that money, then someone else had.”
“Who would that be?”
“Objection.”
“Sustained.”
“Did he say who that might be?”
“No.”
“What did he say?”
“He said the whole thing made no sense to him. That Herbert Clay was the most likely suspect. That there was evidence Herbert liked to play the ponies, and for him to take the money was only logical. If he hadn’t, it opened up disturbing possibilities.”
“Why were they disturbing?”
“Objection.”
“Sustained.”
“Did he say why they were disturbing?”
“Yes, he did. He said he was Herbert’s immediate superior. If Herbert hadn’t taken the money, the most likely person would be himself.”
“Did he say he had?”
“No, he most emphatically said he had not.”
“Did you believe him?”
“Yes, I did. I didn’t want to believe him, but I did.”
“Why didn’t you want to believe him?”
“Because he was the most likely person. He was the one I had suspected from the beginning. I knew it wasn’t Herbert, so I thought it had to be him. But he said it wasn’t him and I believe him. Particularly in light of what happened next.”
“What was that?”
“He was murdered.”
“I see. Tell me, did you discuss with him who it might have been? The embezzler, I mean?”
“Not in so many words.”
“Well, what did you say?”
“ I asked him who his immediate superior was in the company.”
“And did he tell you?”
“Yes, he did.”
“And who did he tell you his immediate superior was?”
“His father, Stanley Castleton.”
This produced a reaction in the courtroom. Judge Wallingsford banged the gavel.
“What did you do then?” Fitzpatrick asked.
“We talked about it some more. David promised me he’d get to the bottom of this. He told me he’d take it to Milton Castleton first thing in the morning.”
“When you say ‘take it,’ what do you mean?”
“The whole thing. What I just told you. Oh, I see. And the floppy disk. The one with the memo.”
“You left that with him?”
“Yes, I did.”
“You trusted him with it?”
“It was a copy. I still had the original.”
“You left a copy with him?”
“That’s right.”
“How was the copy marked?”
“It was marked X dash one in gold pen on the top of the disk.”
“You left that disk with David Castleton?”
“That’s right.”
“What time was it when you left his apartment?”
“Eleven-thirty.”
When she said that, there was an air of anticipation in the courtroom. Her testimony was obviously winding down. The moment everyone had been waiting for was about to arrive. This beautiful, young defendant was about to be cross-examined by Harry Dirkson.
No one was looking forward to that moment more than Harry Dirkson himself. This marked the first time he had ever had a chance to cross-examine one of Steve Winslow’s clients on the witness stand. Always before, Winslow had managed to maneuver things to prevent him from doing so. But not this time. The defendant was on the stand, she was Dirkson’s meat, and nothing was going to save her.
Dirkson shifted restlessly in his chair. He couldn’t wait to get a crack at her.
“Now,” Fitzpatrick said, “when you left David Castleton’s apartment at eleven-thirty that night, was he alive?”
“He most certainly was.”
“And you left with him a floppy disk marked X dash one containing the memo you claim was written to Milton Castleton by your brother, Herbert Clay?”
“Yes, I did.”
“And where was the original floppy disk? The one you used to copy the memo from Milton Castleton’s computer?”
“In a box of floppy disks in my apartment.”
“And was it marked?”
“Yes.”
“How?”
“With a gold X.”
“Do you know where that floppy disk is now?”
“No, I do not. I asked my attorney, Steve Winslow, to get it for me, and he informed me it is not there.”
“Objection. Hearsay.”
“Sustained. That remark will go out.”
“I see,” Fitzpatrick said. “But to the best of your knowledge, the original memo from which you copied the floppy disk still exists in the backup file in Milton Castleton’s computer?”
“As far as I know.”
“Thank you. That’s all.”
With the announcement, spectators burst out talking. Judge Wallingsford banged for quiet.
Dirkson rose to his feet.
But before Dirkson could cross over to the defendant, Steve Winslow stood up and said, “Your Honor, at this point I have a motion which must be made outside the presence of the jury.”
Dirkson stopped in midstride. His face darkened. “Your Honor, I object. This is completely out of order. The defendant is on the stand, and I am about to cross-examine. The defense has no right to make a motion now.”
“Your Honor, I ask to be heard,” Steve said. “Not only is my motion in order, but by its very nature it is a motion that can only be made now.”
“Nonsense,” Dirkson said. “Your Honor, this is a stalling tactic. To keep me from cross-examining the defendant. I insist that-”
Judge Wallingsford’s gavel cut him off. “Mr. Dirkson, that will do. Whatever the actual case, this will not be argued in the presence of the jury. Bailiff, will you please show the jury to the jury room.”
Dirkson fumed in silence while the jurors were led out. As soon as the door closed, he wheeled around. “Your Honor,” he said angrily “this is exactly what I object to. Just by arguing this motion, counsel is accomplishing his purpose. Which is to prevent me from cross-examining the defendant. Which it is both my right and duty to do. I ask that you cite Mr. Winslow for misconduct.”