“Because of all the factors taken together.”
“The medical factors standing alone don’t enable you to fix the time of death.”
“Not standing alone.”
“In other words, then, the non-medical factors were what influenced you in fixing the time of death, and you regard the medical factors only as corroborating that because they do not contradict it.”
“If you want to put it that way, yes.”
“I want to put it that way,” Mason said, “and that’s all.”
“No further questions on redirect,” Ruskin said wearily.
Dr. Jasper left the witness stand.
Ruskin said, “I will call Mrs. Carlotta Theilman to the witness stand.”
Carlotta came forward, held up her hand and was sworn.
“You are the divorced wife of the decedent?” Ruskin asked.
“That’s right.”
“On the fourth of this month you took the Union Pacific train, The City of Los Angeles, for Las Vegas, did you not?”
“That is correct.”
“Why did you go to Las Vegas?”
“Because I expected to meet my former husband there. I had reason to believe that he wanted to buy certain stock which I had received as part of our divorce settlement.”
“Had you discussed this matter with your ex-husband, Mrs. Theilman?”
“Not with him directly, but I had told someone who I thought was acting for him that I would be in Las Vegas on the train that night and if anyone wanted to negotiate with me for my stock I would be willing to negotiate with them, but I would not deal with any agents, dummies, attorneys or brokers. I wanted to deal with the principal, whoever he was.”
“Did you take that train?”
“I did.”
“And were met by the defendant in Las Vegas?”
“That is right.”
“Cross-examine,” Ruskin said.
“Why did you designate Las Vegas, Mrs. Theilman?” Mason asked.
“Because I felt certain I had been dealing with the agent of my husband. Las Vegas was where our marriage was broken up and I decided I would— Well, I wanted to have the satisfaction of meeting him there.”
Mason said, “You now weigh considerably less than when your marriage broke up, don’t you? You went on a rigorous campaign of diet and exercise in order to... well, let us say, to get back into the running. Isn’t that right, Mrs. Theilman?”
“That is right,” she said savagely, “and I knew my husband — I knew him very well indeed. If he had met me in Las Vegas, I would have given that little strumpet a dose of her own medicine. I—”
“Now, just a minute,” Judge Seymour interrupted. “We won’t have any name calling here, Mrs. Theilman.”
“I was simply trying to answer the question,” she said, “I... I’m sorry, Your Honor.”
“I understand exactly how you feel,” Mason said, bowing. “That’s all, Mrs. Theilman. Thank you.”
Judge Seymour said, “It is past the hour of the afternoon adjournment, gentlemen. I didn’t want to interrupt the cross-examination of this witness. Court will adjourn until nine-thirty tomorrow morning. The jurors will not permit themselves to form or express any opinion as to the merits of the case, nor will they discuss the matter among themselves or permit it to be discussed in their presence. The defendant is remanded to custody. Court will recess until nine-thirty tomorrow morning.”
Mason turned to the officer and said, “I want to talk with my client briefly before she is returned.”
The officer nodded.
Mason waited until the courtroom had cleared, then turned to Janice Wainwright.
“You see what I’m getting at, Janice,” he said. “Your story is going to be that you talked with Morley Theilman after you talked with me on the morning of the fourth. According to the testimony of the prosecution, Theilman had been dead for some four hours at the time you say you talked with him. I simply had to try to demolish their theory of the time element, although perhaps some of the jurors feel that I was unnecessarily savage with the doctor.”
“I understand,” she said.
“That, however,” Mason said, “doesn’t mean that you were telling the truth.”
“Mr. Mason, I am telling the truth.”
“I believe you,” Mason said, “because it is my duty to believe you. As your attorney I am obligated to accept your story and to see that you have your day in court. But the evidence is very much against you, and some of that circumstantial evidence is damning.”
“Nevertheless, Mr. Mason, I am going to tell you again. I did not go out to that subdivision. I did not see Mr. Theilman from the time he left the office early on the afternoon of the third.”
Mason said, “I have the uneasy feeling that you’re lying to me, Janice, and if you are, it means you have a one-way ticket to the gas chamber.”
“I... I can’t help it. I’ve told you the truth.”
“Now then,” Mason said, “remember this. They subpoenaed the records from our office. They have the numbers of those twenty-dollar bills that were in that suitcase. If they can ever connect you with any of those bills, even one of them, you’re finished. You’re completely sunk.”
“I certainly understand that, Mr. Mason. They can never connect me with that money. I never touched a dime of it. I did exactly what I told you I did. I put that money in the locker and mailed the key in accordance with Mr. Theilman’s instructions. I never went near the locker again. I— Well, you know that I couldn’t have because you kept the key to the suitcase.”
“I kept a key to the suitcase,” Mason said. “There was nothing to have prevented you stopping at a locksmith before you came to the office and having a dozen duplicate keys to that suitcase made.”
“But I didn’t do it.”
“You say you didn’t do it.”
“I’ve told you the truth,” she said defiantly.
“Your car certainly was driven out to that subdivision,” Mason said. “The moulage of the tires can’t be coincidental. Your car went out there.”
“My car did not go out there, Mr. Mason. I tell you I never went out there.”
“All right, then,” Mason said. “Somebody had to frame you. Somebody took your car out, and that’s pretty unlikely.”
“I can’t help it. I didn’t take my car out there.”
“Let’s go back to the fourth,” Mason said. “Now, Mr. Theilman was reported to have disappeared. There was a detective at your office. Where was your car during that time?”
“In the parking lot at the office.”
“Then you got frightened and went to your apartment — at least when you telephoned you said you were at your apartment.”
“Yes.”
“And then what?”
“Then Mr. Theilman telephoned me.”
“And told you to do what?”
“To take some money from the petty cash drawer in the safe, to take the first available evening plane for Las Vegas and meet his first wife when she arrived there on the train. Carlotta doesn’t like to fly.”
“And then what did you do?”
“I got the money from the petty cash in the office safe.”
“How much?”
“He told me to take two hundred and fifty dollars.”
“How much was in there?”
“He tries to keep five hundred dollars there.”
“And you took two hundred and fifty dollars for your expenses on the trip?”
“Yes. I was simply following his instructions.”
“But you also gave me two hundred and fifty dollars as a fee when I saw you in Las Vegas.”
She hesitated a moment, then said, “That also was in accordance with instructions. He told me to give you two hundred and fifty dollars.”