Rich people -- Fiction; Traffic fatalities -- Fiction; Trials (Manslaughter) -- Fiction; Young women -- Fiction
His manner to O'Bannon was more paternal than patronizing. He seemed to
sketch him as an eager, emotional boy intoxicated by headlines in the
New York papers. Wiley radiated wisdom, pity for his client, grief for
the loss of Drummond and an encouraging hope that a young man like
O'Bannon would learn enough in the course of a few years to prevent his
making a humiliating sort of mistake like this again. He did not say a
word of this, but Lydia could see the atmosphere of his speech seeping
into the jurors' minds.
Yes, she thought, it was an able opening--not the sort of ability that
she would have connected with legal talent in the days when she knew
less of the law; but it seemed to be the kind of magic that worked. She
was pleased with her counsel, directed a flattering look at him and
began to assume the air he wanted her to assume--the dovelike.
The prosecution began at once to call their witnesses--first the doctors
and nurses from the hospital, establishing the cause of death. Then the
exact time was established by the clock on the motorcycle--3:12,
confirmed by the testimony of many witnesses. Then the ante-mortem
statement was put in evidence. A long technical argument took place
between the lawyers over this. It occupied all the rest of the morning
session. The statement was finally admitted, but the discussion had
served to impress on the jury the fact that the testimony of a witness
whose credibility cannot be judged of by personal inspection, and who is
saved by death from the cross-examination of the lawyer of the other
side, is evidence which the law admits only under protest.
Wiley scored his first tangible success in his cross-examination of the
two men who had come to Lydia's assistance. On direct examination they
had testified to the high rate of speed at which Lydia had been going.
Wiley, when they were turned over to him, contrived to put them in a
position where they were forced either to confess that they had no
knowledge of high rates of speed or else that they themselves frequently
broke the law. Wiley was polite, almost kind; but he made them look
foolish, and the jury enjoyed the spectacle.
This success was overshadowed by a small reverse that followed it. The
prosecution had a long line of witnesses who had passed or been passed
by Lydia just before the accident. One of these was a young man who was
a washer in a garage about a mile away from the fatal corner. He
testified in direct examination that Lydia was going forty-five miles an
hour when she passed the garage.
Wiley stood up, severe and cold, his manner seeming to say, "of all
things in this world, I hate a liar most!"
"And where were you at the time?"
"Standing outside the garage."
"What were you doing there?"
"Nothing."
"Nothing?"
"Smoking a pipe."
Public-domain text, read in full here on John Shaqi.
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