COURT OF GENERAL SESSIONS
OF WINCHESTER COUNTY, NEW ESSEX
December 10, 1959
Action: People vs. Callista Blake; Justice Terence Mann presiding.
Court in session at 0956.
JUDGE MANN: Do I understand, Mr. Hunter, that you wish to have read to the jury the letters that were admitted in evidence before adjournment yesterday?
MR. HUNTER: Yes, your Honor. I am prepared to read—to go ahead with that right away.
JUDGE MANN: Let them be read by the clerk of the court.
MR. DELEHANTY: Your Honor, I have a—not laryngitis exactly, but a sort of cold. I'm perfectly ready to do as the Court directs, only I'm afraid that with this cold or whatever it is, maybe my voice won't be too clear to the jury.
JUDGE MANN: Well ... Yes, Mr. Warner?
MR. WARNER: Your Honor, the defense will not object to a reading of these letters by Mr. Hunter himself. I am certain my learned colleague would never take any improper advantage of his dramatic ability, admittedly great. Very often, however, written words are capable of conveying different meanings according to where the emphasis is placed, not because of any willful misconstruction, but simply because our language is not always a precise instrument. Therefore I would only stipulate, request rather, that if there should be any doubt in my mind, or in my client's mind, that the meaning of the letters is being correctly conveyed, we may have the privilege of interrupting the reading at that point, to indicate what we believe is the right interpretation.
JUDGE MANN: Is that agreeable to you, Mr. Hunter?
MR. HUNTER: Yes, your Honor, so long as the interruptions have to do with important points, not trivialities.
MR. WARNER: Sir, there are no trivialities in this case.
MR. HUNTER: Subject to the limitation I mentioned, the request of the defense appears reasonable, and I will not argue it.
JUDGE MANN: You may proceed, Mr. Hunter.
MR. HUNTER: The first of these letters, acknowledged by the defense to have been written by Callista Blake to James Doherty, is dated the 10th of May, 1959. Members of the jury, my dramatic ability is not, as Mr. Warner has described it, great. Any drama here is provided by the force of events, not by me. I must simply ask you to remember, while you hear these letters, that they (that is, the first three and the fifth) were written by a girl nineteen years of age, in the summer of this year, under the influence of a love affair which the testimony of witnesses has established and the defense has not denied. The first letter reads as follows:
"Jimmy—
"Tonight I cannot see you—that was really all I understood over the telephone, though I know you gave me the decent sensible reasons why you cannot come—something about work at the office, wasn't it?—for as soon as I heard you say that, I thought, Oh, bang goes the whole batch of cookies. You see, I was going to be domestic for you tonight, and I had just taken some cookies from the oven when you phoned—the airy egg-white kind, a sort of culinary idiocy because no damn good the next day, like letting air out of a tire. Therefore if I were a weeping wench they would now be soaked in brine and serve you right. But I never weep, Jimmy. Never. Remember that. So, since you cannot come, I will only count over the times I've had you with me, a miser adoring the sparkle and fall of jewels through her fingers. While you are submerged in the honest dreadfulness of whatever you do at the office—what the devil is it anyhow?—do you convey subtle conveyances and do dark deeds (these are puns) or just sit with your feet up and brood over Deals?—think of me playing with my pretties and having a better time than yourself, because this is all I can wish to do when you're away from me. Because I love you.
"It occurs to me, I never wrote to you before. You may not like me on paper. I sprawl and ramble, Dearest. Don't mind my doodling either—see the border I drew around your true name while I daydreamed and my pen was thinking for me? I'm only surprised it wasn't a tangle of Cupids, an out-of-season Valentine, and maybe it will be yet. In my here-and-now mood I would draw them saucy, I think (most of them), strutting and romping and showing off their little male apostrophes—all, I suppose, with a sneaking resemblance to you. Because I love you.
"No, don't say it's reckless and foolish of me to write at all—I know it. I can't care, not now. I tell you, Jimmy, what we have (is it possible it's only ten days?) is something that could not happen with Ann. Or anywhere in her world. I tell myself, I am not she, she is not me, my love (you know it) is nothing like what could happen for you with anyone but me. And there's my cure for jealousy—if I could apply it, if I could make my head rule me a little more, my crazy heart a little less. I want you, I'm empty and dull in your absence, tonight this is the only way I can talk to you. So let me talk, and think me foolish and reckless, and destroy this scrawled thing if you think best. It's me, though. Remember when you throw it away, it's me. And perhaps (because I love you) I wouldn't like you to burn me.
"More than you have already.
"Yes, I will type the envelope and mark it PERSONAL, lest the chaste eyes of Miss Anderson be stricken unto confusion and dismay. Damn 'em, why hasn't the Postoffice a Bureau of Hollow Oaks? Ooh—now I think of it, there is—not an oak, but a big maple with a hole in the trunk about seven feet above ground, on the path between your house and Mother's, near the pond. I saw a squirrel in residence there last year, stuck his head out and told me with the usual fuss that it was his'n. No good, I guess, because he's probably still there, and would think poorly of anyone dropping a letter into his living-room. He'd eat it or use it for nest-lining. That's how Nature is, you know, not a bit cooperative with the frills of romance, only with the essentials—but there, how cooperative indeed! As if, so far as Nature cares, every atom, every motion of life were aimed at nothing but the mounting of female by male and the begetting of young. Well, it comes to me that you with your long legs could reach that hole in the maple, though I'd have to stand on something. It comes to me that a letter could be squirrel-proofed in a metal box. Let us reflect on this."
Members of the jury, I might say in passing that because of this mention in the letter, the maple tree in question was examined. It does have a hole in it, nearer eight feet above ground than seven. Nothing was found there except an abandoned squirrel's nest; no sign of any previous disturbance by a human agency. [Laughter by the defendant.] I see Miss Blake is amused, which is her privilege I suppose. [Disturbance at rear of room, a man (James Doherty) leaving his seat for the exit; Mr. Hunter waiting for quiet.] The letter resumes:
"I love you as a sleeping seed in the earth must love the rains of spring, blindly, thoughtlessly, responding because it must—the shell breaks underground from the inward pressure, the outer warmth and fertile moisture. Shall I one day become a flower for you and know the sun? I am still in the dark, and rather blind, and yet happy to be living. You my awakener, it seems to me you're finding no such happiness. Am I too much for you, Jimmy? Too weird and different? Poor Jimmy, did you want only that May-day moment, and then discover the dryad had caught you fast and would not let go? There are thorns in my branches, I suppose. I never wanted them to wound. Oh, I must write no more like this, or I'll be needing you too much to sleep.
"Don't look distressed, as you did last night, and ask me, what are we to do? I don't know yet, Jimmy. There's an answer and we'll find it somehow. Likely it will be you that finds it, and not myself. I don't know. Maybe I'd never try to tell you what to do, even if I were inwardly certain what was best. May-day, it seemed ridiculous to me that anything about this could be a solemn Problem—no more a problem than the romping of animals. It is, of course—I merely had to shove that aside (without regrets) for the sake of May-day. It is, and I—(here comes a truth, my darling, that may be unwelcome or distressing; if it is, just set it down to my weirdness and forgive me for it)—I am, in many important ways, a much more civilized human creature than you. So civilized—so wide a gap between the cool life of the mind and the violence of that primitive part which never grows civilized in anyone—that I can never hope to explain myself, or be anything but a stranger to the easy routines of existence. My mind looks down on both of us, Jimmy, sees well enough that we are foolish lovers running into the jungle blind—(running, I will not say driven)—and inviting disaster in everything we do. But if now I only glimpsed you or heard your voice—why, away with all thought, the self you roused up on our May-day would be mad for you, throw away all sober knowledge, bite your throat, dance like a maynad and burn your flesh in a blaze of love."
DEFENDANT: The word is "maenad," if it matters.
MR. HUNTER: I stand corrected, I suppose. May it please the Court, my understanding was that any interruption of this reading would be made by counsel, in an orderly manner, not by the accused who is not at present under oath.
JUDGE MANN: It must be so ordered. I hope you understand the legal necessity, Miss Blake. If any other point comes up, please draw your counsel's attention and let him deal with it. That is the method required of us here. Incidentally, if anything during this reading makes it desirable for you to confer at any length with Mr. Warner, a short recess can always be requested, and the Court stands ready to allow it. Go ahead, Mr. Hunter.
MR. HUNTER: Well, the first letter is nearly finished. It concludes with these words:
"Understand, Jimmy, that I fit no pattern. No one can own me, no one can make me over. I was born a heretic and so live. No one can catch me except if I will.
"I love you.
"Callista."
The second letter, also from Callista Blake to James Doherty, bears no date except Thursday, but it is in an envelope marked PERSONAL, addressed in typing to Mr. Doherty at his office at Judd and Doherty, 12 Somerset Street, Winchester. The postmark on this envelope is June 18th. It reads as follows:
"Dear—
"More than a month ago I wrote you a letter, and I remember that although you didn't say so, you weren't exactly pleased at my doing it. So I am reckless, but look, love, the heavens didn't fall, the grass is still green and soft (as we should know) and so here I go again, because I want to take advantage of an evening when I seem to be fairly clear-headed, or as near it as I ever am. Anyway, darling, you told me Miss Anderson is out with a cold, so this is sure to pass through no hands but yours, isn't it?
"Jimmy, I can almost wish that Ann did know. Don't blow your top—caution will prevail. I'm just wishing. The fact of secrecy I don't particularly mind—what business of anyone else is it that I love you? I don't care about parading you before the world in a proper woman's look-what-I-caught manner—that's nothing, to me there's even a kind of indecency in public possessiveness. But I do mind the limitations and humiliations of secrecy, the haunting by social fears, enforced furtiveness—can't go alone into a restaurant with you, where some friend of yours and Ann's might notice you together with that screwball broad with the limp. That I hate. It's a spoiling thing. I wonder more and more whether we are big enough to stand much more of it. And yet if you tire of me, or if the dreary social pressure forces you away from me—I swear the world's turning into one big God-damned suburb—I don't know what will happen to me. I don't know if I'm big enough to take it. I suppose I am. I just don't know.
"Please tell me: is your own religious feeling so strong that you do actually feel sinful when you're with me? I hardly dared write that. Do you realize how badly you hedged when I asked you almost the same thing two nights ago? I wasn't asking about Ann's views, blast you—I know she'd condemn the whole thing without a moment's pause for thought—I wanted to find out how it was with you, but all you could talk about was how Ann would feel. Well, I picked the wrong time of course. A real feminine trick, to cross-examine you with your head on my breast and only a few minutes after the little death. Bitchy of me, I suppose I was going by instinct, and when I do that, bitchy is my middle name. But see, dear, everything's calm now, I'm not whispering in your ear, I'm only fumbling for words on paper. I suppose you do know, don't you, that if you had to be free of me I would let you go? The dryad's thorns would scratch some—that I couldn't help, couldn't help your bleeding a bit—but they couldn't hold you, and would not. I don't want you as a prisoner. You are already a prisoner, and I wish I might set you free.
MR. WARNER: I will call the jury's attention to the fact that there is no actual break in the letter at the point where Mr. Hunter stopped reading. The thought there is incomplete, and Miss Blake went on to complete it in the same paragraph.
MR. HUNTER: I will call the jury's attention to the fact that I have been reading a rather difficult handwriting for several minutes, and am slightly hoarse. I would also point out that it is the end of a page, and the indentation at the beginning of the next page looks to me very much like the beginning of a paragraph.
MR. WARNER: Mr. District Attorney, you must have noticed that Miss Blake's writing does not make a very precise left-hand margin, but the paragraph indentations are characteristically quite deep.
MR. HUNTER: Very well—I don't want to argue a point like this—it's all one paragraph if you like. May I continue?
MR. WARNER: By all means, finish the paragraph.
MR. HUNTER (reading):
"... No, I don't hate Ann, I was not thinking only of Ann when I wrote that.
"Another thing, by the way, that I hardly dared to write.
"Jimmy, I need to know: if Ann would allow a separation, and if we went somewhere—no matter where, so it's a long way off—would you be mentally, emotionally able to live with me? Look into yourself. Tell me, if you can, what would happen inside you, supposing the situation was like that. Make it far away—Arizona, Tahiti, island of Capri, who cares?—and I am with you, in your bed at night and with you in all the long bright days. Would you see me still as a human woman who loves you and who would be happy to bear you children?—that could be, you know; a doctor assured me of it a couple of years ago, the little deformity is no obstacle. Or would I become the whore who 'led you astray' and 'wrecked your life'?
"You know, Jimmy, it hasn't seemed to me (but I could be so damned wrong!) that religion goes very deep with you. Isn't it mostly a matter of being brought up in a certain way that automatically shuts out other views without seriously examining them? I'm trying to suggest that unlike Ann, you're really not embedded in religion like a fly in amber. I've made no secret of my own agnosticism with you—wouldn't have occurred to me to do so—and that hasn't appeared to trouble you particularly. You do shy away, you don't like the topic, I suppose you feel the way so many people do nowadays, that religion is all right but talking about it is not quite nice. But I can't imagine that you condemn me in your heart (do you?) for relying on my own reason, being unafraid of doubt, interested in proof, critical of all self-appointed authority?
"So I'll even dare ask you: just where is the mercy, the rationale, the loving-kindness, in an ethical-religious system that makes me a whore bound for hell because I love you and welcome intercourse with you and want to live with you?
"I want to see you tomorrow, Jimmy. You spoke of having to work late because of Miss Anderson's being out sick—may I come there in the evening, just to see you for a few minutes? I'll be well-behaved (I hope). There are one or two other things—things even I don't care to scrawl on paper. If you call and say I mustn't come, of course I won't, but—please?
"For the first time in our experience I shall be listening for the phone and hoping you don't call. 'How do I love thee? Let me count the ways'—I can't, I can't.
"Callista."
The third letter, members of the jury, is again from Callista Blake to James Doherty. It is dated June 25th, just a week later than the one I last read, and was addressed, like the other two, to Mr. Doherty at his office. It reads as follows:
"Jimmy—
"Didn't you say you would call me Monday evening? What happened? I remember you said you would be tied up over the week end—if only my silly hungry arms had been the rope to tie you!—well, so I counted the hours to Monday evening, and glued myself to the phone, but no Jimmy. I know I mustn't call your house—you needn't have reminded me of that, last Friday! Tuesday, though, I did try to call you at the office—I'm sorry, Jimmy, I know you didn't want me to, but I was miserable, I had to try to reach you somehow—but you were out, anyway Mr. Judd answered the phone and said you were, and he sounded so chilly—am I a black cat across his path or something?—I didn't know he disliked me. What's happening, Jimmy? Could be purely my nerved-up imagination. But all week, no Jimmy. Couldn't you at least have got as far as a phone booth? Oh hell, I'm writing like a sniveling brat.
"Lately I've been having too many morbid thoughts. I know I behaved badly Friday evening—you didn't want anything to get started, and I had to act like a whining bitch in heat. You should know there's more to me than that—I guess you do, I guess you do. Well, since that evening I've now and then thought of us—I even dreamed something of the kind—as if we were no wiser than a pair of kids slipping out behind the barn to study the difference between a boy and a girl—with peevish grown-ups likely to come around the corner of the building any minute. I've lost some of the dream—I think we did get caught and stood there frozen waiting for the wrath. Only the boy in the dream wasn't quite you. Be jealous, damn you.
"Are we so terribly far apart? I'm beginning to understand there's plenty about me you don't even like. It's not strange. Didn't I tell you at the start, or try to, that I'm not easy to get along with? I often have a bad enough time trying to get along with myself. But Jimmy, Dearest, all people are far apart in a lot of important ways. No exceptions. And all people have elements in common too, things they can share, use to bridge the gulf between self and self, if they only knew it. Don't you think we have enough in common so that if we both tried hard and honestly and lovingly, we could live happily together?
"I know, I know—I wrote that as if I were assuming that Ann would set you free. Oh, I like you and don't like you, for not wanting to talk about her with me. Like you for it because I know it's loyalty, you're trying to be fair to her, spare her pain, you still love her in many ways—and somehow I know about all of them, and respect every one of them whether you believe that or not. And dislike it, it hurts, because—well, because I happen to be the one under the gun, Jimmy, and I keep thinking if I knew more about her I might see my own way better. I love you in ways she never imagined, couldn't imagine. She's not a passionate woman, Jimmy—as I don't suppose you need to be told. She's sweet, possessive, domestic, good to you so far as she knows how to be, loves you in her fashion so long as you conform to what she wants you to be. Undoubtedly it troubles her that you haven't happened to have children yet. Loves you in her fashion—oh, Jimmy, to my thinking, and I'm not a fool, loving an image of what you'd like another person to be, that's not love at all, just self-love and arrogance.
"Am I doing it too? Am I in love with what I wish you were? I mustn't always shy away from that thought—I'll have to look at it straight some time, can't now somehow, not now, not now. I don't think it's true. Anyway I will assure you, pretty Ann never woke up at night whimpering your name and tasting blood on her lip.
"There's no solution that won't hurt somebody. I'm selfish too—like you, like Ann if she knew and understood, I don't want to be hurt any more than I have been. I don't hate Ann, I don't want to hate her. I don't want anything except to get away somewhere with you—are we savages to be held in line by magic words mumbled in the mouth of a priest?—because I love you best and need you.
"Silence is the cruelest of a coward's weapons. It's not like you to use it against me. Please write, or call me. Please come to me.
"Callista."
The fourth letter is typed, dated July 5th, 1959, and signed only with a typed capital J. You remember yesterday Mr. Lamson testified that James Doherty himself, as well as Miss Blake, acknowledged his authorship of this letter. It reads:
"Dear Callista:
"I meant to write to you sooner, but have been very busy, so am afraid the time has slipped by, besides I do not know just how to say what I ought to, except that we must relinquish the prospect we have discussed and that you mention in your letter, as it would not work out for the best but am afraid would have bad consequences to all concerned. I consider myself very much to blame having given you a wrong idea of the situation, although that certainly was not my intention. I think all we can do is try to forget about it, because that is what we must do, unless the situation changes some time. I am sorry to have to say it as you may feel disappointed and that I have let you down, as a matter of fact I feel that myself, am afraid I may have treated you rather badly letting you take things for granted when I ought not to have done so, although that was not my intention, and am very sorry if it is so. I feel you are not to blame in any way but I am, I know, and the only thing we can do is sort of forget the whole thing and hope you can forgive me for letting you down.
"Sincerely,
"J.""P.S. I feel we ought not to get in touch again about this for a while as there is nothing we can do. Please read between the lines and don't be angry."
Since the defendant appears to find this letter amusing, I can only say that her sense of humor has not much in common with mine.
MR. WARNER: Is the defendant on trial for changes in facial expression? I did not know that an unhappy smile was an indictable offense.
JUDGE MANN: The comments of both counsel are out of order. Continue, please.
MR. HUNTER: As you have already heard, members of the jury, the last letter we have here was not mailed, but found in Miss Blake's possession. During her interrogation by Mr. Lamson, she stated certain reasons for not mailing it—part of the testimony which you have heard, to which you will give whatever weight you believe it deserves. This last letter is dated August 8th, 1959, more than a month after Miss Blake received that letter from James Doherty. I would remind you too that August 8th was the day after the picnic which has been mentioned several times in the testimony. The letter reads:
"Dear Jimmy:
"Understand, before you start reading this, that you need not answer it unless you wish. I will wait a while, and then take silence for your answer if that is how it must be. I had almost accepted silence already, or thought I had, most of the time this last month. But I saw you yesterday—might have stayed away, meant to, could not—with all the fog of company manners between us, and discovered what I should have known: I am not cured of you. I wish I were, and I shall be after a while. I've wished I could hate or despise you—can't do that, but I'll be able to forget you sometime, and if there's no happiness at least there will be peace, of one sort or another.
"I have gone by two periods, Jimmy. In those good days of June—yes, they were good—we evidently managed to start a certain arrogant little Blake-Doherty thing which now lives in me as if he belonged there. And he does. What does this knowledge do to you? Sorry? Scared? Maybe a little bit happy, or proud? Or just angry with me? I'm shocked to realize I don't know you well enough to guess the answer.
"One thing I will not do—and your religion would approve my decision, I believe (at the same time that it provides some cruel obstacles in the way of carrying it out). I will not, Jimmy—I will not creep off on the wrong side of our idiot laws and have an abortion. I want this child. Crazy of me it may be, but I already love it, while it's just a blob of almost-nothing that'll soon be making me sick and physically scared. I want it.
"And I want the child to have a father. From the start. I've seen too much of petticoat government—it reeks. I don't trust my own self to bring up a child alone. In spite of all the best knowledge I have, sooner or later I'd have some damned uprush of maternity to the brain and start making a lot of the mistakes all mothers make—including some my own mother made with me, no doubt—and nobody to check me, nobody to fill the father's place that must not be empty if a child is to grow up straight and good. I won't have my baby crippled that way.
"He's yours too, Jimmy. It's your seed in me, the life-package from all your grandfathers and grandmothers. He's from Ireland, dear, he's from Italy where my father's mother was born, he's from one of the embraces when your sweet strong body could not free itself until I was willing to let you go. I frightened you sometimes, didn't I? I will again, or at least I dream of it.
"All right, let's be sober. For religious reasons, Ann will never even consider a divorce. There is such a thing as separation, that would allow you to provide for her but live with me. The legal formula is not too important to me—I wish we might have it, but it would not hurt me to live without it, and we could educate the child so that his understanding would be too big to care for such cretinous words as 'illegitimate.' With your training you could find work anywhere in the States—or abroad for that matter, Canada, England, Australia. So could I. I understand the kind of art work that makes money, as well as photography. I also know shorthand and typing. We'd make out wherever we went, and be the same as married. It only needs your will for it, Jimmy, and an amount of courage that isn't abnormal. Others faced with the same difficulty have done it.
"Granted, Ann would be hurt badly, for a while. She'd consider us both lost in sin. (Do you?) Her pride would be hurt, and her love for you, which may be strong—I don't know that, yes or no. Jimmy, you and Ann don't have children. You and I do have a child. Granted also that Ann is good and sweet and conventionally right. Does that give her the right—
Members of the jury, three words are crossed out here, but not illegible. It is my understanding that these letters will be available for the inspection of the jury; the purpose of reading them is to save time and to make sure of the correct interpretation, as Mr. Warner pointed out. Now I think I should read these crossed-out words, but will not do so if the defense has any objection. Do you wish to look at the page again, Mr. Warner?
MR. WARNER: Not necessary, but wait a moment, please. [Conferring with defendant.] The crossed-out words may be read, so long as the jury is given the whole picture. The words are still legible, it's true, but not clearly, and it was evidently not Miss Blake's intention that they should be legible, if she had ever mailed the letter.
MR. HUNTER: Thank you, Counselor. The words crossed out are "to destroy us"—"Does that give her the right to destroy us"—but with those words crossed out, the letter reads thus:
"Does that give her the right to keep you and me apart and prevent my child from having a father?
"Living seems to be full of situations where you can't do a good thing without an accompanying evil. I suppose it's questions of this kind that make people give up trying to solve their own ethical problems and ask some supernatural authority to do it for them. And yet I would think that the only answer in any such dilemma is to decide which is greater, the evil or the good. If they seem to balance, doubtless inaction is better than trying to perform your good act. But if one is clearly greater than the other, isn't the answer plain? I know this goes contrary to your religious views, but Jimmy, this once, think whether I may not be right and yourself mistaken.
"I am trying to think straight, about the years ahead, the child, about living with you, the difficulties we'd face. I'm trying not to remember that you did look at me yesterday once or twice as a lover might, and with the sunlight falling across your cheekbones, before I quit playing with the Wayne kids and wandered off. Maybe some time I'll tell you where I went and what I did.
"I can't think of Ann as anything but an innocent bystander. She needs you in the common ways, but I—"
Members of the jury, the letter ends there. The State rests.
JUDGE MANN: The Court will hear any motions.
MR. WARNER: Your Honor, I move that the case of the People against Callista Blake be dismissed on the following grounds: one, that the prosecution has not demonstrated that the death of Ann Doherty resulted from a criminal action; two, that the prosecution has not, by witnesses, connected the defendant Callista Blake with the death of Ann Doherty beyond a reasonable doubt.
JUDGE MANN: The motion is denied, Mr. Warner. Are there other motions?
MR. WARNER: No, your Honor, not at this time.
JUDGE MANN: The Court stands adjourned until 1 P.M.
Upon this, by us has she been required to voluntarily declare herself to be, and to have always been, a demon of the nature of a Succubus, which is a female devil whose business it is to corrupt Christians by the blandishments and flagitious delights of love. To this the speaker has replied that the affirmation would be an abominable falsehood, seeing that she had always felt herself to be a most natural woman.
Then her irons being struck off by the torturer, the aforesaid has removed her dress, and has maliciously and with evil design bewildered and attacked our understanding with the sight of her body, the which, for a fact, exercises upon a man supernatural coercion.
BALZAC, The Succubus
In the robing room after the noon recess, Judge Mann was assailed by a feeling of being out of place, ludicrously so, dismayingly. The village atheist blundering into a crowd of churchgoers to retrieve his hat; or an explorer required to take part in a tribal ritual without a briefing on the rules. Innocent oversight, by the way, on the part of local chieftains and witchdoctors, for why wouldn't they assume that everybody knew the rules from infancy as they did? What am I doing here?
He could ask the question of Joe Bass and receive an intelligent answer. No good. No use making Joe uneasy about the Judge's state of mind.
Even the door to the courtroom looked unfamiliar. Why had he never before noticed that the swirling grain of the oak resembled the smoke lines of a bonfire? He stood with his hand on the knob, reflecting also that technique is not enough: he should spend several months, say a year, in a special kind of discipline, before it would be right to start taking piano pupils—supposing he had any such intention. He turned the knob, hearing the muted uproar of a hundred conversations in the dull room beyond; opened the door a crack, and the noise became a sonorous flow; opened it then all the way, and the roar was shut off by the action, since every talker had been watching that door, impatient for the continuation of ritual. For example, I would have to learn much more about children—
"All rise!"
He walked to the Judge's bench a stranger. Why the devil must they stand up? Settling their damn lunches?
Seated, noticing how quickly today the rustle and throat-clearing subsided, his eyes were annoyed by shabbiness. Old stains, scratches on the woodwork, in every corner a pinch of dust; on every face—Callista Blake's, Hunter's, even Mr. Delehanty's—the marks of that peculiarly human strain that people experience in the presence of the heavy institutions they themselves have made. Maybe his eyes were exaggerating the dust, to support the bias of his mind, which insisted on pointing up the dirt, cracks, awkwardly mended spots and general bad housekeeping of the law itself. Well, there are certain things to do before I go. "Are you ready for your opening, Mr. Warner?"
"Yes, your Honor." The Old Man could hardly say that no one is ever ready to send his love into the bonfire. "Members of the jury, I don't think you want to hear any elaborate opening speech from me. A great part of the defense of Callista Blake has already been brought out by testimony for the prosecution. I am not referring only to the transcript of the interrogation of Miss Blake by District Attorney Lamson, in the course of which she told practically everything that she can tell if I put her on the witness stand. I am thinking, for example, of the testimony of a very honest and impartial State policeman, concerning footprints and other evidence by that pond in Shanesville. I'll revert to his testimony in my closing words. I'm thinking of the testimony of Mrs. Jason." Anyway, Mann thought, Cecil Warner's voice was in good shape; he was slow, and calm, and steady on his feet. "And I am thinking, of course, of those letters written by Callista Blake which the District Attorney by some process of reasoning utterly beyond me—I suppose it's reasoning—appears to regard as evidence of guilt.
"We're confronted here, ladies and gentlemen, by a case in which the most vital elements are intangible, subjective. Now, the law doesn't like intangibles. That's natural. If we're dealing with clear, everyday facts of observation we know where we are, we're used to thinking in those terms, we can manage as well as if we were manipulating a solid object in the hand. Take a common sort of case for an example: a man falls in getting off a bus, is injured, and sues the traction company. All right: you've got eyewitnesses, medical testimony, and a few fairly simple questions to decide: did he fall? was he injured, and if so how badly? was the bus company at fault, and if so what's a just compensation for the injuries? A jury will have minor difficulties in a case like that: there's the possibility that the man's a clever fraud, and since most people are not good observers, the eyewitnesses may contradict each other a little, but on the whole juries don't have too hard a time in reaching a fair verdict in such cases.
"Here it's not so. In this case the tangible facts are hardly in dispute, the vital problem is the interpretation of those facts. There was aconitine in Callista Blake's apartment; the defense has not denied it. I know, and Callista Blake knows, why it was there; the State will try to tell you it was there because of a deep-laid premeditated plot to kill Ann Doherty. Ann Doherty did drink the poison there, undoubtedly; we know it happened accidentally, the State will say she was intended to drink it. The State has demonstrated an affair between Callista Blake and James Doherty; we have not denied it nor thought of denying it. And the State, by inference, supplies Callista Blake with the motive of common jealousy and argues that this led to premeditated murder. Now Callista herself knows that isn't so; I know it, and so do a few others really well acquainted with her: they're aware that no degree of sexual jealousy would ever drive her to perform such an act. But how in the world is she to prove it to twelve honest jurors who never saw her before the trial? It's just not in the field of tangible proof. I could put her on the stand, and if she talked to you all day long, what could she say on that subject that isn't already said in the traditional words she's already spoken when she was indicted?—'I am not guilty.' Finally, the defense does not deny that Callista Blake drove out to Shanesville soon after Ann Doherty left. The State will have it that she went out there in a sort of pursuit of Ann Doherty, to make sure Ann died. We know she did it because she had just discovered that Ann might have got some of that stuff; we know she went out there in an attempt to reach Ann before it was too late and save her life; and it was too late, and Ann Doherty was dead. So there you have state and prosecution asserting precise contraries. We cannot, by tangible evidence, prove the intentions, motives, ideas of Callista Blake; neither can the State. In this connection I'll merely remind you for the present that the State's own witness Sergeant Shields very clearly and carefully said there was no way of telling how Ann's body got into the pond; he made it clear there isn't a scrap of that precious tangible evidence to show that Callista Blake did anything except stand there and look down, as she told Mr. Lamson she did.
"Because of the nature of the case, the primary questions of reasonable doubt and criminal intent or absence of it, I am intending to call only two witnesses for the defense. As a prosecutor, and taking it for granted that he has somehow honestly convinced himself of Callista Blake's guilt, it was unavoidable that my able adversary should have piled up all that mass of circumstantial evidence, even though hardly any of it was in dispute. As a prosecutor, he had to do it; trying to your patience as well as mine, but that's how the law works. Yet when the dust of argument has settled and you've gone into that jury room, I think you'll see—or more likely you do already—how the whole thing comes down to the question whether or not you believe Callista's word. The two witnesses I mean to call are the two who can come nearer than any others to telling you, showing you, convincing you, what kind of girl, what kind of human being Callista Blake really is. And I have no more to say by way of argument until after they have been heard. Miss Edith Nolan, please!"
She came forward not briskly but with poise, her thin face showing the gravity of concentration. She wore the same green tweed suit, in some need of pressing, that she had worn all through the trial. The dark shade, nearly the green of hemlock, set off her red hair pleasantly, the Judge thought, but did not belong too well with light blue eyes; and to wear the same costume four days running was maybe a little odd. He noticed also, and hoped the jury would not, her moment's hesitation as Mr. Delehanty recited the oath and held out the Bible for her. Probably she would prefer to affirm but had decided against such action to avoid offending the jury, accepting what to her might be a distasteful absurdity for the sake of her friend. Edith Nolan would not be, like Mrs. Jason, a truth-teller at any cost, though the Judge supposed that whatever she said would be in the service of truth as she saw it.
And what would Callista Blake do if and when it was time for her to take the oath? If Callista had learned anything yet about the grown-up necessities of compromise, it did not appear in the evidence nor in her own actions thus far. The girl who made the responses in the Lamson interrogation seemed too young, too sharply earnest to understand flexibility or the art of yielding minor issues for the sake of great ones. He thought: Let her learn it quickly! And instructed himself irritably to quit borrowing trouble ahead of time.
Miss Nolan also took care to make no open demonstration of the friendship which the Judge knew existed between herself and Cecil Warner. One swift eloquent glance he saw, a silent declaration: "I'm with you and will do whatever I can." Then she was in the witness chair, private tensions skillfully hidden, giving routine information: age thirty-one, unmarried, portrait and free-lance photographer, A.B. Radcliffe plus a year of art school, studio and residence at 96 Hallam Street, Winchester.
"Is that address near to 21 Covent Street, Miss Nolan?"
"Yes, four of those long uptown blocks."
"How long have you known the defendant Callista Blake?"
"It's almost a year and a half now. She's been my assistant at the studio since July of last year. She answered an advertisement of mine, I employed her, and we very soon became close friends."
"Did she take her apartment at Covent Street soon after she began to work for you?"
"I think it was the same week. I helped her look for it."
"The close friendship you speak of—tell us more of that, will you? For instance, you're familiar with the details of Callista's life—past history, opinions, tastes, temperament, things of that sort?"
"Yes, Mr. Warner. A year and a half isn't a long time, but I think I know Callista as well as I could know my own younger sister if I had one, or better. Interests in common, a natural sympathy I suppose it might be called. We agree on many things, and when we differ we know how to talk, get our ideas across to each other."
"Your shared interest in artistic work has been a large part of that bond of friendship, hasn't it?"
"Yes, it has."
"Do you at present do any artistic work yourself, besides photography?"
"Not just at present. I have in the past. Illustrations for a children's book a couple of years ago. Nothing grand, but I hear the kids liked them. A few things like that."
"In any case you do have professional training and professional standing. I'm going to ask you for what the law calls an expert opinion. Miss Nolan, if you were not personally acquainted with Callista Blake, and if you were called on to judge her work, say in an exhibition of good serious modern painters, how would you rate it?"
Judge Mann saw T. J. Hunter consider an objection and settle for a somewhat elaborate bored look. The red-haired woman smiled, for the first time. Mann's pencil on the doodle-pad rather angrily crossed out its attempt to draw her face, not in cartoon but in a portrait sketch. It had escaped him altogether. I haven't got it. He laid the pencil down.
"It's hard to imagine myself not acquainted with Callista. But I think I can do it, Mr. Warner, for that one question. If I knew nothing about her, if I were seeing her painting or drawing for the first time under those conditions, I think it would be likely to outshine anything else in the show."
"If it were like this, for instance?" Intent on Edith Nolan's face, Mann had not been aware of Warner's drawing from his pocket a folded cover paper. Now it was in the red-haired woman's hands, and she was taking from it a page, evidently from a small scratch-pad, gazing at it and steadying it with her other hand because her fingers had started to shake. He thought in distress: Damn it, we do have to have some rules—
"Oh! When did she do this, Mr. Warner?"
"This morning, in court. Scratch paper. Before the reading of the letters, when Mr. Hunter and I were in side-bar conference and nothing else was happening."
"She was remembering little Doris Wayne."
"May it please the Court, is Mr. Warner introducing some of the defendant's art work as an exhibit for the defense, or is this just a love feast?"
"Mr. Hunter, I think your sarcasm may be distasteful to the jury as well as to the Court." But it isn't, and Terence, for Christ's sake hold your water! That was too strong. "May I see the sketch, Miss Nolan?"
Warner handed it up. Turned away from the jury, his round sagging face showed nothing of triumph, looked only tired and frightened. Another face confronted the Judge, with the arrogance and pathos and curious vulnerable mirth of childhood. Doris would be about ten, said Callista's affectionate unsentimental lines, and she was amused about something: perky, uncertain, lovable, maybe a bit dangerous. He thought: Now I know. And though I know it, she still could die. Judge Cleever—"I don't suppose it would qualify as an exhibit, Mr. Warner, since it isn't directly relevant to any of the legal issues. However, if you wish the jury to see it, the Court has no objection."
Hunter said quietly: "But I object. I haven't seen it, but I consider the introduction of it an unwarranted attempt to influence the jury's sympathies with irrelevant matters, and by an improper method."
"I will overrule your objection, Mr. Hunter. The defense is privileged to question Miss Nolan as a character witness. Miss Blake's artistic ability is an aspect of her character that it would be absurd to ignore. No objection was made by you when Mr. Warner asked Miss Nolan for an expert opinion in the field of art, in which she's evidently qualified to speak. The introduction of this sketch is merely a natural means of supplementing and demonstrating what Miss Nolan has to say."
Reluctantly, for it was loss of contact with something valued and not yet understood, he watched the drawing pass into the lumpy hands of Peter Anson, foreman, hands that held it briefly under bothered eyes and passed it on. Casually, and perhaps to cover the intentness with which he was watching the jury, Cecil Warner said: "Being older, more experienced, art school and all that, you've taught Callista to some extent, haven't you?"
The drawing escaped from the blank glance of Emma Beales into the hands of LaSalle, which held it for some time, and gently. Edith Nolan said slowly: "About technique, handling materials, things like that, yes, Mr. Warner, but ..." The drawing rested in Mrs. Kleinman's lap while she changed to reading glasses; probably the good lady couldn't get used to bifocals. "Her ability is very much greater than anything I have, so it would be truer to say, Mr. Warner, that she has taught me." Mr. Fielding looked at the face of Doris Wayne with lifted brows that might mean indifference or annoyance, and passed the drawing to Helen Butler. "You see, aside from her own talent, Callista has that faculty of searching out whatever's best in anyone, and—" Why must Helen Butler look at me? I am not Callista's accuser!—"and making it better if she can."
Don't get too rich for their blood, Miss Nolan! Hide a little the fact that you love her, or they'll begin to discount what you say. And yet, the Judge reflected, she could hardly be expected to dissemble; there would be a false note if she did. And how softly the woman was speaking!—as if they were here not to consider Callista Blake's life or death but only to talk about her as friends might talk affectionately of another in absence. He looked again at the jury. Miss Butler had relinquished the drawing to a hand from the back row and was frowning into the distance, her mild intelligent face more disturbed than he had seen it at any time during the trial. A Sunday painter, wasn't she?—he tried to remember her answers during voir dire examination, but they had gone vague: a rather mousy personality, good and pleasant but not strong.
The foreman Peter Anson fidgeted irritably, and settled into a glumness. Something wrong there. Judge Mann felt a kind of pain, in its beginning hardly distinguishable from a twisted muscle or the first warning of nausea. Anson's blunt face had become readable; at any rate Judge Mann's interpretation of its look came to him with such force that it was difficult for him to doubt his own insight: the blobby features were saying that to Mr. Peter Anson long-hairs and especially long-hair intellectual women were one big pain in the ass. You could understand it. Anson was a man who liked things simple and comfortable; he wanted larger issues settled by authority and formula, and you could say the wish derived from an honest humility, inarticulate awareness of his own mental limitations; unfortunately it meant that anything not covered by authority and formula must be brushed aside, or ignored—or hated. Confronted by a manifestly human Callista Blake or Edith Nolan—well, Anson was a good little joe and would try to be fair about it; BUT ... Only later did the Judge admit that his sense of unease, so much resembling obscure physical pain, could be the beginning of despair.
The drawing came back to Warner from the hands of Peter Anson but without another glance from him; for a moment his stubby hands were eloquent, saying: "This paper has nothing to do with me."
"It's true, isn't it, Miss Nolan, that although you're naturally fond of Callista and loyal to her, the fondness and loyalty are based on understanding? I mean, you know your friend's faults and weaknesses too. You have, maybe, something of an older sister's detachment?"
"Yes, I think it's fair to say that. Mr. Warner, if that drawing isn't to be used further, as an exhibit or anything—may I have it?"
"Well ..." The moment was a long one, Cecil Warner turning to look at Callista Blake with something more than inquiry, Edith and Callista gazing at each other directly, unsmiling, yet the Judge wished the moment might be prolonged for the sake of his own understanding. A kind of brilliance and a hush; the courtroom no more present than the ocean is present at some moment of wind and shining sand and sunlight: only the three of them; the three of them, and himself somehow more than a simple observer. Callista smiled: climax of a moment that could have lasted no longer. Warner was saying quickly: "Of course, my dear—" and giving the drawing to Edith, who put it away in her handbag and shut the clasp with care. "Now would you, as an observant friend, say that Callista is moodier than most people? Subject to depressions?"
Hunter bayed: "I suggest Miss Nolan's qualifications as a psychiatrist have not exactly been established."
"My question refers to a simple observation anyone might make."
"Is that a formal objection, Mr. Hunter?"
"No, your Honor. But I hope the testimony isn't going to stray into fields where only a psychiatrist would be competent to speak."
"Let your mind be at rest on that point, Mr. District Attorney. Is Callista Blake subject to periods of depression, Miss Nolan?"
"Yes, decidedly." Judge Mann considered the possibility of exaggeration, not falsehood exactly but close to it. Surely Callista Blake was not what his brother Jack would call a depressive type, if that word was still favored in the jargon. "However, Mr. Warner, I think Callista's depressions are generally related to some external cause. Related to things that happen to her." Yes, Redhead, that helps—some.
"Were you at all acquainted with Mrs. James Doherty?"
"By sight, hardly more. I believe I met her three times in all, when I was visiting Callista's family in Shanesville."
"Have you met Mr. James Doherty any more often than that?"
"I don't think so. Same occasions, and then one or two times since Mrs. Doherty's death, in connection with this case."
"Callista never told you much about the Dohertys, either of them?"
"No, not much, until last July. Then she took me into her confidence about the episode with Doherty, which had ended then, or so she hoped."
"She said that? That she hoped the affair was ended?"
"Just that, as I recall. She showed me that letter from Doherty, the thing that was read in court, and then later—well, next morning in fact, she said: 'I hope it's over. I hope I'm done with the fever and the blindness.'"
It could be despair, that dullness in him like a bodily ache. The Judge found he was again studying faces on the jury. Emmet Hoag bored, half asleep by the look of him. Ancient Emerson Lake neither bored nor hostile, his gaze rigid, vaguely vulturine, apparently hypnotized by the swell of Edith Nolan's breast, under the tweed suit hardly more than hints of fullness and softness, but evidently enough to set an old man dreaming in his rank and lonely antiquity; would he be hearing what she said at all? Young LaSalle seemed indecisively friendly, Mr. Fielding remote behind an unreadable pallid front. The Beales woman studied Edith Nolan's green handbag, possibly wondering if it was a style that would suit herself. Mrs. Grant appeared grumpy; likely her bony frame was uncomfortable in the graceless seat of the jury box. The only faces of the entire jury that showed any positive liking for Edith Nolan were those of Helen Butler and Rachel Kleinman. He saw Dora Lagovski apparently submerged in moist daydream; recalled that when Callista's drawing had reached her he had seen the damp lips form (in merciful silence) the word "cute." Emerson Lake's jaw was now moving slightly, approximately in time with the mild rise and fall of Edith Nolan's breathing—damn the old buzzard. But what about himself, aged forty-seven and for the last few minutes intensely aware of Edith Nolan as a desirable woman? Weren't his own wits wandering?
So far as the Judge could see, Edith Nolan was doing nothing to flaunt her personal attractiveness. Probably to many eyes she would have none. Her make-up was not prominent, the tweed suit practically dowdy, her manner consistently simple and direct. If his wandering middle-aged eye wanted a tickling, why not choose an obvious pin-up type like the juror Dolores Acevedo? He forced himself to glance in that direction once again. The black-haired beauty was showing no more emotion at present than Mr. Fielding. Very lovely indeed; made more so by her position next to the sallow weediness of the schoolteacher Stella Wainwright. Lovely like a conventional painting, Acevedo—and no more disturbing. Her face blurred; the instant's involuntary motion of his eyes transformed it to another, also under black hair: but these were close-set curls, the face altogether different, not beautiful at all by common standards but rather homely, big-nosed, small-chinned, the eyes sea-blue and, not for the first time, frightening. "It wasn't natural how men went crazy for her—not even pretty—any man, garage man, anything in pants...."
That peevish outbreak from Maud Welsh had puzzled the Judge at the time. Now he could sense the quality in Callista that Maud Welsh had meant. Earlier perhaps he had been too intensely preoccupied with other aspects of the case and with his own situation as Judge, the lawyer and judge dominant, the male animal quiescent or at least temporarily locked up in the cellar. Yes, she had it, the quality sensed but not understood because understanding is a verbalizing process and there aren't any words for the electric something-or-other that will make men turn in desire toward one particular woman in a crowd, ignoring others who may be in a dozen ways prettier, more agreeable, more available. Callista had it. Edith Nolan, in her own totally different way, had it, at least for himself, perhaps not for most others. No: Maud Welsh wouldn't have been likely to make that remark about Miss Nolan. Yes, they are wandering.
"Do you recall, Miss Nolan, what day it was that this conversation took place, about Doherty's letter?"
"Yes, it was the evening of Monday, July 6th, the same day Callista had received that letter."
"I'll ask you to tell the circumstances more fully in your own way."
"She telephoned me, that evening, soon after going home from my studio. Asked me to come over to Covent Street. Her voice sounded as it might if she'd been in physical pain. I went at once, and found her—well, dazed, sick, in shock you could call it. She'd been in one of her blue moods all week, I didn't know why. She held out that letter to me. I read the thing. I remember I told her she'd feel better if she could cry, or smash dishes, anything to break the tension that was making her sick. She did cry, the only time I've known her to do so. And told me about it. Everything, I think. Except at that time she didn't know she was pregnant—a few days past the period, not enough to signify. When she was able to talk she was much better, got things in proportion, summed it up quite realistically herself without my saying much. She'd loved him a while, the kind of infatuation any lonely and imaginative girl might experience; then when she most needed him he'd broken it off, and that was that."
"Objection! Irrelevant opinions."
"Objection overruled." Judge Mann reflected dourly on the legal unwisdom of what he was about to add, and added it: "It appears to the Court that the witness is concerned with matters of fact as she saw them, speaking to the best of her knowledge and belief." Old buzzard, pint-size Emerson Lake in a black silk nightie, you wanted that startled blue-eyed glance, the warmth of it and the friendliness, and you knew you'd get it: consider whether that was why you spoke.
"Exception."
"Did Callista say anything to suggest she was thinking of suicide?"
"Two things, Mr. Warner, which I didn't understand at the time as I should have. When she was crying and hysterical, she said: 'I want my father, my father, I can't find out how to live without him.' Well, I knew he'd died away back when she was seven years old. Then later she said, twice I think: 'I wish I was dead.' That—oh, I took it to be simply an unthinking expression of grief and exhaustion. It seems to be a thing people say without considering quite what it means. I took it that way: alarming but not to be understood literally. But I think now, she meant it literally."
"You stayed with her a while, I suppose?"
"Yes, took her back to my place and made her go to bed there, gave her a sleeping pill. I played some hi-fi records, things she liked, until she fell asleep. In the morning she seemed to be in good command of herself, sense of humor restored anyway. That's when she said she hoped she was cured, and for a while I stopped worrying about other things she'd said."
"But only for a while?"
"Only for a while. During the following month, the rest of July, it was clear that things weren't right for her. Not herself. Deep abstractions for instance, when she wouldn't answer because she really didn't hear. Normally with me she's completely courteous, wouldn't dream of ignoring a question if she heard it. In July she was slipping down into the bluest of blue moods, and I couldn't reach her. I wondered about pregnancy because of what she'd told me, and asked her about it, I guess a week after she'd first told me the situation. She said: 'Oh, I'm all right.' Mistakenly, I took that to mean she'd had the delayed period. Either she answered evasively, which isn't like her, or she didn't understand my question. The last, I think. I think she was in such a faraway mood it was hard for her to get hold of what people said."
"Did she say any more, that month, about suicide?"
"Indirectly, yes. One evening we got into a sort of general talk, just kicking ideas around. She said some individuals are deficient in the will to live; living is desiring, she said, and such people don't desire strongly enough for a complete effort to stay alive. Well—something in it if you're speaking of certain pathological cases—catatonics I think the doctors call them—patients who just lie around, won't eat or even move, a kind of death in life. But that's so far from anything in Callista's make-up, I couldn't believe she was talking indirectly about herself. She said not all zombis are in the psychopathic hospitals. Later—this did alarm me—she remarked that she'd have no problems worth mentioning if she could discover any purpose in existence. A depressive remark, certainly. She wouldn't have said it if she hadn't felt she was losing her hold on things, losing her interest in living—and if I understand it correctly, Mr. Warner, that loss of interest is the danger sign. People can talk a lot about killing themselves, and nothing happens. But if the interest in living goes—"
"Objection! This is exactly the sort of thing I was afraid of, your Honor. I don't care what she calls it, Miss Nolan is now lecturing us like a professional psychiatrist, and I object."
"Overruled." I believe I snapped; the rumble on the left is the noise of calf-bound law books revolving in the grave. "The Court has not received the impression that the witness is claiming any professional standing in psychiatry. The remark you object to, Mr. Hunter, was a general one, to be sure; but she was speaking of matters that are either common knowledge or ought to be. I must rule that the defense is within its rights to let her follow this line, to help clarify her testimony on matters of fact." And where in the pluperfect hell do I dig up a precedent on that one?
"Exception."
"Yes. You may complete what you were saying, Miss Nolan."
"If the interest in living is gone—I mean the simple wish to stay alive and see what will happen next—then I think there's real danger of a suicide. And as the Judge said, Mr. Warner, I guess that's pretty much common knowledge. Callista herself was certainly aware of it, from her reading, her general education. Well, that remark about discovering any purpose in existence—I caught Callista up on that, I remember. I reminded her that we make and choose our own purposes—" (Watch it, Red!)—"so far as we know them." She understood the danger, probably, the risk of touching on any questions that, for most of the jury, were settled on Sunday morning and decently ignored the rest of the week. "She—thought about that, I'm sure, and for a while I think she came part way out of her depression. Not all the way."
"Summing up then, Miss Nolan: knowing her as you do, and seeing her, I suppose, every week-day during last July—you're convinced that most of that time she was behaving like one in the grip of a serious depression with the possibility of suicide?"
"I don't have any doubt of it, Mr. Warner—now. I ought not to have been in doubt at the time. If anyone is guilty in this case it's myself, because I ought to have stayed with her just about every minute until she won her way out of that mood. Then there would have been no chance for the horrible accident that makes it possible to charge her with—"
"Objection!"
"Objection sustained." She looked up with understanding and no reproach. The man in private applauded her doubtless intentional violation of rules, while the Judge must condemn. "The witness's answer will have to be stricken." It comes to me, I did not add that the jury is to disregard it. That all right, Red?
"Miss Nolan, I understand you weren't present at a certain picnic in Shanesville last August 7th. Did you know about it at the time?"
"Yes. I closed the studio that afternoon—the weather was impossibly hot. Cal said her mother was having one of her picnics, and thought she might go. Cal didn't ordinarily care for that sort of thing, but I—oh, I guess I just told her to run along and have a good time."