Parnell Hall: The Innocent Woman

“Objection.”

“Sustained.”

“Do you know of your own knowledge how much money Frank Fletcher took from the petty cash box?”

“No, I do not.”

“You do know he left a chit in the box saying he took a hundred dollars?”

“Objected to as already asked and answered.”

“Overruled.”

“Yes. He left a chit.”

“The money you took out-tell me, did you spend it all?”

“I beg your pardon?”

“The hundred dollars you took out-for business expenses- did you have a hundred dollars’ worth of business expenses over the weekend?”

“No, I did not.”

“Did you have any?”

“Yes, of course. I took a customer out to lunch. A business lunch. A valued customer. Absolutely legitimate and above board.”

“You didn’t use a credit card?”

“No, I did not. I wouldn’t have been appropriate at this diner. For one thing, the amount wasn’t that much. I used petty cash. For lunch and for cab fare.”

“If it wasn’t that much, I assume you didn’t spend the whole hundred dollars?”

“No, I didn’t.”

“You had money left over?”

“Yes, I did.”

“And Mr. Fletcher-if he didn’t spend the hundred dollars he took out of petty cash, he’d have had money left over too, wouldn’t he?”

“Objection.”

“Sustained.”

“So,” Steve said. “That brings us to Monday morning. You, in the company of Mr. Macklin and Mr. Fletcher, counted the money in the petty cash drawer. You found two chits indicating you and Mr. Fletcher had taken a hundred dollars each. You found another hundred dollars missing. The defendant arrived for work, Mr. Macklin inspected her twenty dollar bills to see if she had any that matched the serial numbers on his list. Is that right?”

“Yes, it is.”

“Tell me, did Mr. Macklin inspect any of your twenty dollar bills to see if you had any that matched the serial numbers on the list?”

“No, he did not.”

“But if you had taken money out of the petty cash drawer and hadn’t spent it all, presumably you had some of those bills in your possession.”

“Objection. Argumentative.”

“Sustained.”

“Did Mr. Macklin compare any of Mr. Fletcher’s bills to the serial numbers on the list?”

“No, he did not?”

“He didn’t? Even though there was a chit stating Mr. Fletcher had taken money from the petty cash drawer?”

“Objection.”

“Sustained.”

“Is it correct that the only bills that Mr. Macklin compared to the serial numbers on his list were those of the defendant?”

“That’s right.”

“And immediately upon finding that she had two of those bills, you called the police?”

“I didn’t personally call the police.”

“Who did?”

“Frank. Mr. Fletcher.”

“Mr. Fletcher called the police. They came to your office. They found you, Frank Fletcher, Mr. Macklin and Miss Dearborn. Miss Dearborn was arrested for petty theft. The basis for the charge was that she had in her possession two twenty dollar bills containing the serial numbers on Mr. Macklin’s list. Is that, right?”

“That is substantially correct.”

“When the officers arrested Miss Dearborn for having those twenty dollar bills in her possession, did you stand up and say, Excuse me, officer, but I also happen to have some of those twenty dollar bills in my possession, why don’t you arrest me too?”

“Objection.”

“Sustained.”

“At the time of the defendant’s arrest, did the police make any inspection of the money on your person?”

“No, they did not.”

“Or any of the money on Frank Fletcher’s person?”

“No, they did not.”

“So, is it or is it not a fact that Mr. Macklin was employed solely to catch Miss Dearborn?”

“Absolutely not. He was hired to find out why cash was missing from the petty cash drawer.”

“How much was he paid?”

“Objection. Incompetent, irrelevant and immaterial.”

“Overruled.”

“His rate was two hundred dollars a day, with two days guaranteed. He was paid four hundred dollars in advance for the two days, Friday, April 30th, and Monday, May 3rd.”

“Since the defendant was arrested on the third, am I to assume he received no further compensation? Aside from his appearance here in court, I mean.”

“Actually, he was paid more.”

“Oh?”

“Yes. There was provision for additional compensation in the event the case was solved.”

“Solved?” Steve said. “What an interesting term. And just what would constitute that? Are you telling me if Mr. Macklin’s testimony results in the defendant being convicted, he will get more money?”

“Not at all,” Lowery said indignantly. “As a matter of fact, he’s already been paid.”

“Oh?”

“Frankly, we considered the case solved upon the defendant’s arrest.”

“You paid Mr. Macklin then?”

“That is correct.”

“How much additional did you 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.

Steve Winslow’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.