pay him?”
“Two hundred dollars.”
“Did you pay him by check?”
“No, we paid him in cash.”
“Really?” Steve raised his eyebrows. “Would that be from petty cash?”
It took only one look at Lowery’s face to see that shot had scored.
“So,” Steve said. “Would it be safe to say that on Monday, May 3rd, you, Frank Fletcher, Mr. Macklin and the defendant Miss Dearborn were all in possession of twenty dollar bills matching the serial numbers on Mr. Macklin’s list?”
A. D. A. Pearson’s vehement objection was sustained, but Steve, having made his point, merely smiled and said, “No further questions.”
And when Pearson announced that he was resting his case, Steve Winslow promptly rested his.
8.
S TEVE W INSLOW’S CLOSING ARGUMENT was brief.
“Ladies and gentlemen of the jury,” he said. “I’d like to begin by explaining why I put on no defense. The reason is, I don’t have to. I don’t have to prove the defendant innocent. The prosecution has to prove her guilty. She is presumed innocent before we even begin.”
Steve smiled. “As I’m sure you will all recall. Hard to believe that was only this morning. This trial has moved very quickly.
“And for a good reason.
“The prosecution has no case.
“Search through all the testimony of all of their witnesses and what have they got? Two twenty dollar bills.
“That’s it. Out of everything you’ve heard today, the only evidence whatsoever liking the defendant to the crime is those two twenty dollar bills. The ones Mr. Macklin has testified that he found in her purse. On the basis of those two twenty dollar bills, the prosecutor would like you to find the defendant guilty.”
Steve smiled and shook his head. “Well, I can understand why he feels that way. And I can understand why he brought this prosecution. At first glance, it certainly appears damning.” Steve assumed a mock dramatic voice. “Here are the twenty dollar bills, the serial numbers carefully recorded, placed in the box, two of which subsequently turn up in the possession of the defendant.” Steve raised his eyes in wonderment. “Damning? Hell, it’s a wonder a trial is needed. Why not send her straight to jail?
“Until you look a little closer at the evidence.
“Frank Fletcher took a hundred dollars from the petty cash box.
“Marvin Lowery took a hundred dollars from the petty cash box.
“Samuel Macklin was paid two hundred dollars from the petty cash box.
“Now, the police didn’t inspect any of their bills, only those of the defendant. But if the police had looked at their bills, there is every reason to believe several of those in question would have been found on each and every one of them.
“So, if the only criterion for guilt was possessing those twenty dollar bills, could we say that since Marvin Lowery had some in his possession, he must be the thief?
“Or the same of Frank Fletcher?
“Or Mr. Macklin?”
Steve smiled, pointed to Pearson. “Now, I know what the prosecutor will argue. He’ll say that they had a right to have possession of those bills. That their possession of those bills is accounted for. And the defendant’s isn’t.”
Steve shrugged. “Maybe, maybe not.
“Which brings us to the doctrine of reasonable doubt.
“To find the defendant guilty, you must find her guilty beyond all reasonable doubt. If there is any doubt in your mind that she is guilty, you must find her innocent. Well, I would think that all four people in that office having possession of those bills would be enough to do it right there.
“But I’m willing to go a little further to help you out, to make your job a little easier.
“The other part of the doctrine of reasonable doubt is, if the evidence of prosecution can be explained by any other reasonable hypothesis other than the guilt of the defendant, then you must find the defendant not guilty.
“The only evidence presented is the fact she had those two bills. The prosecutor says she
“Two hundred dollars.”
“Did you pay him by check?”
“No, we paid him in cash.”
“Really?” Steve raised his eyebrows. “Would that be from petty cash?”
It took only one look at Lowery’s face to see that shot had scored.
“So,” Steve said. “Would it be safe to say that on Monday, May 3rd, you, Frank Fletcher, Mr. Macklin and the defendant Miss Dearborn were all in possession of twenty dollar bills matching the serial numbers on Mr. Macklin’s list?”
A. D. A. Pearson’s vehement objection was sustained, but Steve, having made his point, merely smiled and said, “No further questions.”
And when Pearson announced that he was resting his case, Steve Winslow promptly rested his.
8.
S TEVE W INSLOW’S CLOSING ARGUMENT was brief.
“Ladies and gentlemen of the jury,” he said. “I’d like to begin by explaining why I put on no defense. The reason is, I don’t have to. I don’t have to prove the defendant innocent. The prosecution has to prove her guilty. She is presumed innocent before we even begin.”
Steve smiled. “As I’m sure you will all recall. Hard to believe that was only this morning. This trial has moved very quickly.
“And for a good reason.
“The prosecution has no case.
“Search through all the testimony of all of their witnesses and what have they got? Two twenty dollar bills.
“That’s it. Out of everything you’ve heard today, the only evidence whatsoever liking the defendant to the crime is those two twenty dollar bills. The ones Mr. Macklin has testified that he found in her purse. On the basis of those two twenty dollar bills, the prosecutor would like you to find the defendant guilty.”
Steve smiled and shook his head. “Well, I can understand why he feels that way. And I can understand why he brought this prosecution. At first glance, it certainly appears damning.” Steve assumed a mock dramatic voice. “Here are the twenty dollar bills, the serial numbers carefully recorded, placed in the box, two of which subsequently turn up in the possession of the defendant.” Steve raised his eyes in wonderment. “Damning? Hell, it’s a wonder a trial is needed. Why not send her straight to jail?
“Until you look a little closer at the evidence.
“Frank Fletcher took a hundred dollars from the petty cash box.
“Marvin Lowery took a hundred dollars from the petty cash box.
“Samuel Macklin was paid two hundred dollars from the petty cash box.
“Now, the police didn’t inspect any of their bills, only those of the defendant. But if the police had looked at their bills, there is every reason to believe several of those in question would have been found on each and every one of them.
“So, if the only criterion for guilt was possessing those twenty dollar bills, could we say that since Marvin Lowery had some in his possession, he must be the thief?
“Or the same of Frank Fletcher?
“Or Mr. Macklin?”
Steve smiled, pointed to Pearson. “Now, I know what the prosecutor will argue. He’ll say that they had a right to have possession of those bills. That their possession of those bills is accounted for. And the defendant’s isn’t.”
Steve shrugged. “Maybe, maybe not.
“Which brings us to the doctrine of reasonable doubt.
“To find the defendant guilty, you must find her guilty beyond all reasonable doubt. If there is any doubt in your mind that she is guilty, you must find her innocent. Well, I would think that all four people in that office having possession of those bills would be enough to do it right there.
“But I’m willing to go a little further to help you out, to make your job a little easier.
“The other part of the doctrine of reasonable doubt is, if the evidence of prosecution can be explained by any other reasonable hypothesis other than the guilt of the defendant, then you must find the defendant not guilty.
“The only evidence presented is the fact she had those two bills. The prosecutor says she
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