Mystery fiction; Trials (Murder) -- Fiction; United States -- Fiction
Last night at dinner, Cecil Warner had done some thinking out loud about
Trooper San Giorgio, who would have in his own young mind no reasonable
doubt. San Giorgio could not repeat Ann's words on the stand. And yet if
he could, the Old Man said, it ought (if juries were logical) to make no
essential difference. For there was no defense, he said, except a
reasonable doubt as to criminal intent. "Reasonable doubt!" he said, and
set down his glass because his fat hand was shaking. "You see it, Red?
T.J. can say that criminal intent and premeditation are proved up to the
hilt by the mere presence of the poison in Cal's apartment. He will.
He'll rub their noses in it. Against that and a flock of other
circumstantial facts, we've got just one fact, the fact of something
that happened in Cal's mind. Is it a fact?"
"You and I both know it, don't we? She had no intent to kill."
But instead of answering directly, the Old Man had said: "Red, do you
understand she's not certain of it herself?"
Edith had not quite understood it, until then.
"Did you give her a ticket, Trooper?"
"No, sir. From the address on her driving license I knew she had only
about a mile to go. I told her she'd better head straight for home, and
I told her I'd follow along behind till she got there, which I did."
The youth was reliving it, Edith saw, and perhaps painfully. A pretty
girl, hot night and hazy moon--had he hoped to be invited into the house
for a quick check on burglars and a little drink? Oh, probably not. Ann
had carried an obvious flag of conventional virtue. San Giorgio would
have recognized and respected it, and done no more than a bit of
summer's-night dreaming.
"You drove behind her car, as far as the house on Summer Avenue?"
"I did, sir. I saw her turn in at the driveway, and since she made it
all right, I drove on."
"Did you note the time?"
"Yes, sir: 8:43."
"Mr. Warner?"
"No questions."
Later last night, up at her studio, watching the fire in the grate
through the prism of his wineglass, the Old Man said: "Who started the
legend that the law court is a place devoted to search for truth?
Answer, lawyers of course. But not counsel for the defense, Red. We know
our function is to persuade. The prosecution may fool itself now and
then, and kick the word 'truth' around; we can't afford to."
Edith had said flatly: "The system stinks."
He wasn't startled; he only grumbled: "I agree. The adversary system
stinks. But working inside of it, my own position has logic enough to
satisfy me. I get it out of a hypothesis, Red--not abstract truth, but
working hypothesis. I say a human being once born has a right to live,
if the word 'right' is going to mean anything--or let's say, a right not
to be murdered, judicially or any other way. In other words, I'd defend
Cal if I thought she was guilty as hell."
Public-domain text, read in full here on John Shaqi.
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