Authors: Ellery Queen
âCan you explain how James Haight's endorsement appears on a check you borrowed from J.C. Pettigrew?'
âI gave it to Jim.'
âWhen?'
âThat same night.'
âWhere?'
âAt the house of my sister Nora.'
âAt the house of your sister Nora. Have you heard the testimony here to the effect that you were not present at the house of your sister Nora during the New Year's Eve party?'
âYes.'
âWell, were you or weren't you?'
There was something in Bradford's voice that was a little cruel, and Pat writhed in her seat in front of the rail, her lips saying: âI hate you!' almost aloud.
âI did stop at the house for a few minutes, but I wasn't at the party.'
âI see. Were you invited to the party?'
âYes.'
âBut you didn't go?'
âNo.'
âWhy not?'
Judge Martin objected, and Judge Newbold sustained him. Bradford smiled. âDid anyone see you but your brother-in-law, the defendant?'
âNo. I went around to the back door of the kitchen.'
âThen did you
know
Jim Haight was in the kitchen?' asked Carter Bradford quickly.
Lola grew pink. âYes. I hung around outside in the back yard till I saw, through the kitchen window, that Jim came in. He disappeared in the butler's pantry, and I thought there might be someone with him. But after a few minutes I decided he was alone, and knocked. Jim came out of the pantry to the kitchen door, and we talked.'
âAbout what, Miss Wright?'
Lola glanced at Judge Martin in a confused way. He made as if to rise, then sank back.
âI gave Jim the check.' Ellery was leaning far forward. So that had been Lola's mission! He had not been able to overhear, or see, what had passed between Jim and Lola at the back door of Nora's kitchen that night.
âYou gave him the check,' said Bradford courteously. âMiss Wright, did the defendant ask you to give him money?'
âNo!'
Ellery smiled grimly. Liarâof the genus white.
âBut didn't you borrow the hundred dollars from Mr Pettigrew for the purpose of giving it to the defendant?'
âYes,' said Lola coolly. âOnly it was in repayment of a debt I owed Jim. I owe everybody, you seeâchronic borrower. I'd borrowed from Jim some time before, so I paid him back, that's all.'
And Ellery recalled that night when he had trailed Jim to Lola's apartment in Low Village, and how Jim had drunkenly demanded money and Lola had said she didn't have anyâ¦Only it wasn't true that on New Year's Eve Lola had repaid a âdebt.' Lola had made a donation to Nora's happiness.
âYou borrowed from Pettigrew to pay Haight?' asked Carter, raising his eyebrows.
(Laughter.)
âThe witness has answered,' said Judge Eli.
Bradford waved. âMiss Wright, did Haight ask you for the money you say you owed him?'
Lola said, too quickly: âNo, he didn't.'
âYou just decided suddenly, on the last day of the year, that you'd better pay him backâwithout any suggestion from him?' Objection. Argument. At it again.
âMiss Wright, you have only a small income, have you not?' Objection. Argument. Heat now. Judge Newbold excused the jury. Bradford said sternly to Judge Newbold: âYour Honor, it is important to the People to show that this witness, herself in badly reduced circumstances, was nevertheless somehow induced by the defendant to get money for him, thus indicating his basic character, how desperate he was for moneyâall part of the People's case to show his gain motive for the poisoning.' The jury was brought back. Bradford went at Lola once more, with savage persistence. Feathers flew again; but when it was over, the jury was convinced of Bradford's point, juries being notoriously unable to forget what judges instruct them to forget.
But Judge Martin was not beaten. On cross-examination he sailed in almost with joy. âMiss Wright,' said the old lawyer, âyou have testified in direct examination that on the night of New Year's Eve last you called at the back door of your sister's house. What time was that visit, do you recall?'
âYes. I looked at my wrist watch, because I had aâa party of my own to go to in town. It was just before midnightâfifteen minutes before the New Year was rung in.'
âYou also testified that you saw your brother-in-law go into the butler's pantry, and after a moment or two you knocked and he came out to you, and you talked. Where exactly did that conversation take place?'
âAt the back door of the kitchen.'
âWhat did you say to Jim?'
âI asked him what he was doing, and he said he was just finishing mixing a lot of Manhattan cocktails for the crowdâhe'd about got to the maraschino cherries when I knocked, he said. Then I told him about the checkâ'
âDid you see the cocktails he referred to?'
The room rustled like an agitated aviary, and Carter Bradford leaned forward, frowning. This was importantâthis was the time the poisoning must have taken place. After that ripple of sound, the courtroom was very still. âNo,' said Lola. âJim had come from the direction of the pantry to answer the door, so I know that's where he'd been mixing the cocktails. From where I was standing, at the back door, I couldn't see into the pantry. So of course I couldn't see the cocktails, either.'
âAh! Miss Wright, had someone sneaked into the kitchen from the main hall or the dining room while you and Mr Haight were talking at the back door, would you have been able to see the person?'
âNo. The door from the dining room doesn't open into the kitchen; it leads directly into the pantry. And while the door from the hall does open into the kitchen and
is
visible from the back door, I couldn't see it because Jim was standing in front of me, blocking my view.'
âIn other words, Miss Wright, while you and Mr Haight were talkingâMr Haight with his back to the rest of the kitchen, you unable to see most of the kitchen because he was blocking your viewâsomeone
could
have slipped into the kitchen through the hall door, crossed to the pantry, and retraced his steps without either of you being aware of what had happened or who it had been?'
âThat's correct, Judge.'
âOr someone could have entered the pantry through the dining room during that period, and neither you nor Mr Haight could have seen him?'
âOf course we couldn't have seen him. I told you that the pantry is out of sight ofâ'
âHow long did this conversation at the back door take?'
âOh, five minutes, I should think.'
âThat will be all, thank you,' said the Judge triumphantly.
Carter Bradford climbed to his feet for a redirect examination. The courtroom was whispering, the jury looked thoughtful, and Carter's hair looked excited. But he was very considerate in manner and tone. âMiss Wright, I know this is painful for you, but we must get this story of yours straight.
Did
anyone enter the pantry either through the kitchen or the dining room while you were conversing at the back door with Jim Haight?'
âI don't know. I merely said someone could have, and we wouldn't have known the difference.'
âThen you can't really say that someone
did?
'
âI can't say someone did, but by the same token I can't say someone didn't. As a matter of fact, it might very easily have happened.'
âBut you
didn't
see anyone enter the pantry, and you
did
see Jim Haight come out of the pantry?'
âYes, butâ'
âAnd you saw Jim Haight go back into the pantry?'
âNo such thing,' said Lola with asperity. âI turned around and went away, leaving Jim at the door!'
âThat's all,' said Carter softly; he even tried to help her off the stand, but Lola drew herself up and went back to her chair haughtily.
âI should like,' said Carter to the Court, âto recall one of my previous witnesses. Frank Lloyd.'
As the bailiff bellowed: âFrank Lloyd to the stand!' Mr Ellery Queen said to himself: âThe build-up.'
Lloyd's cheeks were yellow, as if something were rotting his blood. He shuffled to the stand, unkempt, slovenly, tight-mouthed. He looked once at Jim Haight, not ten feet away from him. Then he looked away, but there was evil in his green eyes. He was on the stand only a few minutes. The substance of his testimony, surgically excised by Bradford, was that he now recalled an important fact which he had forgotten in his previous testimony. Jim Haight had not been the only one out of the living room during the time he was mixing the last batch of cocktails before midnight. There had been one other.
Q
.âAnd who was that, Mr Lloyd?
A
.âA guest of the Wrights'. Ellery Smith.
You clever animal, thought Ellery admiringly. And now I'm the animal, and I'm trappedâ¦What to do?
Q
.âMr Smith left the room directly after the defendant?
A
.âYes. He didn't return until Haight came back with the tray of cocktails and started passing them around.
This is it, thought Mr Queen. Carter Bradford turned around and looked directly into Ellery's eyes. âI call,' said Cart with a snap in his voice, âEllery Smith.'
24
Ellery Smith to the Stand
As Mr Ellery Queen left his seat, and crossed the courtroom foreground, and took the oath, and sat down in the witness chair, his mind was not occupied with Prosecutor Bradford's unuttered questions or his own unuttered answers. He was reasonably certain what questions Bradford intended to ask, and he was positive what answers he would give. Bradford knew, or guessed, from the scene opened up to him by Frank Lloyd's delayed recollection, what part the mysterious Mr âSmith' had played that bitter night. So one question would lead to another, and suspicion would become certainty, and sooner or later the whole story would have to come out. It never occurred to Ellery that he might frankly lie. Not because he was a saint, or a moralist, or afraid of consequences; but because his whole training had been in the search for truth, and he knew that whereas murder will not necessarily out, the truth must. So it was more practical to tell the truth than to tell the lie. Moreover, people expected you to lie in court, and therein lay a great advantage, if only you were clever enough to seize it.
No, Mr Queen's thoughts were occupied with another question altogether. And that was: How to turn the truth, so damning to Jim Haight on its face, to Jim Haight's advantage? That would be a shrewd blow, if only it could be delivered; and it would have the additional strength of unexpectedness, for surely young Bradford would never anticipate what he himself, now, on the stand, could not even imagine.
So Mr Queen sat waiting, his brain not deigning to worry, but flexing itself, exploring, dipping into its deepest pockets, examining all the things he knew for a hint, a clue, a road to follow.
Another conviction crept into his consciousness as he answered the first routine questions about his name and occupation and connection with the Wright family, and so on; and it arose from Carter Bradford himself. Bradford was disciplining his tongue, speaking impersonally; but there was a bitterness about his speech that was not part of the words he was uttering. Cart was remembering that this lean and quiet-eyed man theoretically at his mercy was, in a sense, an author of more than booksâhe was the author of Mr Bradford's romantic troubles, too. Patty's personality shimmered between them, and Mr Queen remarked it with satisfaction; it was another advantage he held over his inquisitor. For Patty blinded young Mr Bradford's eyes and drugged his quite respectable intelligence. Mr Queen noted the advantage and tucked it away and returned to his work of concentration while the uppermost forces of his mind paid attention to the audible questions.
And suddenly he saw how he could make the truth work for Jim Haight! He almost chuckled as he leaned back and gave his whole mind to the man before him. The very first pertinent question reassured himâBradford was on the trail, his tongue hanging out.
âDo you recollect, Mr Smith, that we found the three letters in the defendant's handwriting as a result of Mrs Haight's hysterical belief that you had told us about them?'
âYes.'
âDo you also recall two unsuccessful attempts on my part that day to find out from you what you knew about the letters?'
âQuite well.'
Bradford said softly: âMr Smith, today you are on the witness stand, under oath to tell the whole truth. I now ask you: Did you know of the existence of those three letters before Chief Dakin found them in the defendant's house?'
And Ellery said: âYes, I did.'
Bradford was surprised, almost suspicious. âWhen did you first learn about them?'
Ellery told him, and Bradford's surprise turned into satisfaction. âUnder what circumstances?' This was a rapped question, tinged with contempt. Ellery answered meekly.
âThen you knew Mrs Haight was in danger from her husband?'
âNot at all. I knew there were three letters saying so by implication.'
âWell, did you or did you not believe the defendant wrote those letters?'
Judge Martin made as if to object, but Mr Queen caught the Judge's eye and shook his head ever so slightly.
âI didn't know.'
âDidn't Miss Patricia Wright identify her brother-in-law's handwriting for you, as you just testified?'
Miss Patricia Wright, sitting fifteen feet away, looked murder at them both impartially.
âShe did. But that did not make it so.'
âDid you check up yourself?'
âYes. But I don't pretend to be a handwriting expert.'
âBut you must have come to some conclusion, Mr Smith?'
âObjection!' shouted Judge Martin, unable to contain himself. âHis conclusion.'