"Why bother, your Honor?" Coombes asked. "Both charges are completely
frivolous. One man killed a wild animal, and the other killed a man who
was trying to kill him."
"Well, your Honor, I don't believe my client is guilty of anything,
legally or morally," Brannhard said. "I want that established by an
acquittal." He looked at Coombes. "I should think Mr. Coombes would be
just as anxious to have his client cleared of any stigma of murder, too."
"I am quite agreed. People who have been charged with crimes ought to have
public vindication if they are innocent. Now, in the first place, I
planned to hold the Kellogg trial first, and then the Holloway trial. Are
you both satisfied with that arrangement?"
"Absolutely not, your Honor," Brannhard said promptly. "The whole basis of
the Holloway defense is that this man Borch was killed in commission of a
felony. We're prepared to prove that, but we don't want our case
prejudiced by an earlier trial."
Coombes laughed. "Mr. Brannhard wants to clear his client by preconvicting
mine. We can't agree to anything like that."
"Yes, and he is making the same objection to trying your client first.
Well, I'm going to remove both objections. I'm going to order the two
cases combined, and both defendants tried together."
A momentary glow of unholy glee on Gus Brannhard's face; Coombes didn't
like the idea at all.
"Your Honor, I trust that that suggestion was only made facetiously," he
said.
"It wasn't, Mr. Coombes."
"Then if your Honor will not hold me in contempt for saying so, it is the
most shockingly irregular--I won't go so far as to say improper--trial
procedure I've ever heard of. This is not a case of accomplices charged
with the same crime; this is a case of two men charged with different
criminal acts, and the conviction of either would mean the almost
automatic acquittal of the other. I don't know who's going to be named to
take Mohammed O'Brien's place, but I pity him from the bottom of my heart.
Why, Mr. Brannhard and I could go off somewhere and play poker while the
prosecutor would smash the case to pieces."
"Well, we won't have just one prosecutor, Mr. Coombes, we will have two.
I'll swear you and Mr. Brannhard in as special prosecutors, and you can
prosecute Mr. Brannhard's client, and he yours. I think that would remove
any further objections."
It was all he could do to keep his face judicially grave and unmirthful.
Brannhard was almost purring, like a big tiger that had just gotten the
better of a young goat; Leslie Coombes's suavity was beginning to crumble
slightly at the edges.
"Your Honor, that is a most excellent suggestion," Brannhard declared. "I
will prosecute Mr. Coombes's client with the greatest pleasure in the
universe."
"Well, all I can say, your Honor, is that if the first proposal was the
most irregular I had ever heard, the record didn't last long!"
Public-domain text, read in full here on John Shaqi.
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