Part 37 (2/2)
”I was away for all of it, yes, that's what I'm telling you.”
”The Colorado and California newspapers didn't cover the trial?” ”I read something about it, but I can't remember where. I believe I read that Morgan had been convicted and sentenced to death. But that was all.”
”Mr. O'Rourke, I have to ask you some questions that may embarra.s.s you, and I apologize in advance.”
He flushed a little; he knew more or less what was coming. I'd talked to him at some length out on the porch of the rest home at Flagler Beach. But I hadn't coached him-I didn't believe in it, because it tended to make witnesses sound stiff-and that lack of certainty as to exactly what I might ask was making him a little nervous.
”That's all right, sir,” he said.
”Do you have a drinking problem?”
”I don't now, but I did. I want to say that I owe my success in licking my problem to the Flagler Beach chapter of Alcoholics Anonymous and to the divine intervention of our Lord Jesus Christ.”
I let him enjoy the silent respect of the courtroom for a minute, and then said, ”Did you have a drinking problem back in 1978 and 1979?”
”I took a wee drop now and then.”
”On the night of December 5, 1978, the night of your employer's murder, were you drunk?”
”That is not a fact, sir. That is definitely an exaggeration. It would be accurate to say I'd a drop taken.”
If there were a jury I would have pressed the point and pinned him down, but I had only to worry about Judge Fleming, and when I glanced up I could see by the look in the judge's hooded eyes that he understood completely the euphemism that Terence had elected to use.
”Mr. O'Rourke, cast your mind back and tell us-as best you recall, for it was a while ago-what happened on that night of December 5, 1978.”
He was on duty, he said, down at the main gate. There was a party. A good many cars moving in and out, and cla.s.sical music was played out on the lawn by an orchestra.
”You were alone at the gate?”
No, he had help: a young fellow, the day man. But that young fellow left at midnight after they'd checked their in-out sheet and were sure that all the guests and caterers had departed.
”And then you were alone at the gate?”
”Yes, I was alone.”
”You stayed awake?”
”Not all the time. I must have been dozing at one point.”
”What woke you?”
”A shot.”
”You heard a shot?”
”Indeed. At least, I knew later that it was a shot. And I know now. At the time I wasn't sure. It sounded like a shot, but in the middle of a dark night, and not expecting it, who was to say? I'd been dozing, and the shot woke me. I told you that. I'm not proud of it, but I'm human, and by G.o.d it's a fact.”
”I understand. So you woke up at the sound of what you thought was a shot, but you weren't absolutely sure it was a shot.” I paused. ”By the way, when you say 'a shot,' do you mean, literally, a single shot, or many shots?'
”A single shot is what I meant.”
”When you woke, were you wide awake or dazed?”
”I'd a drop taken. I told you that too.”
”But try to answer my question, please, Mr. O'Rourke. We're human too, and we understand. Were you wide awake or dazed?”
”Not wide awake. Not dazed. It would be correct to say I was awake but a trifle sleepy.”
I had to settle for that; he was already pink with shame. ”And what did you do in response to hearing what you believed might be a single shot?”
Terence O'Rourke sighed a bit mournfully, a bit bravely. ”Nothing. I waited.”
”How long?”
”It would be fair to say ... a minute or two.”
”And after that minute or two, did you hear anything else?”
”I heard more shots.”
”How many more?”
”Three or four, I believe. If I had to choose, I'd say three.”
”The three shots were together or s.p.a.ced out?”
”Close together. One after the other. Like bang bang bang.”
”And these last three bangs occurred a minute or two after you heard a single shot?”
”That's correct.”
”You're sure of that?”
”Yes, sir.”
”When you heard the three shots, what did you do?”
”I took my pistol out of my holster, and I went up to the house.”
”You walked up there?”
”With a flashlight in my hand, I did indeed.”
”Were you frightened?”
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