Part 34 (1/2)

”Yes. I think so.”

”Do we have to pinpoint that with your schedule and list of doctors?”

”It was yes. We met on Tuesday.”

”What time did the meeting start and end?”

”From about eight until close to ten-thirty.”

”Did you meet a doctor as he arrived, unlock the door, and enter with him?”

He hesitated, then nodded. ”Yes.”

”And did you and the others leave together when the meeting ended?”

”Yes.”

”Did you leave that meeting for ten minutes or longer to take a personal telephone call?”

”No, of course not.”

”So we come to Wednesday. Did you work at the clinic on Wednesday night?”

”Yes.”

”Is there a night watchman at your clinic building?”

”Yes.”

”Did you see him that night, Wednesday, June fourteenth?”

He hesitated again, then said, ”I think so.”

”In fact, as you were leaving, did he comment that you should get more sleep?”

”I don't recall.”

”All right.” She walked to her table and picked up a restaurant bill and receipt. ”Do you know what these are?”

”No. I never saw them before.”

”This is a receipt for dinner for ten people at Mama Mia's Tuscany Kitchen, a restaurant in Springfield. The receipt is charged to a credit card belonging to Hilde Franz. The reservation, as stated on the bill, was for seven o'clock on Wednesday, June fourteenth. That night Hilde Franz celebrated a successful school year by taking her staff to dinner. The bill states the arrival time of the party, and the departure time. They were there from six-forty-five until ten minutes after ten.” She handed the bill to the judge.

After Judge Mac studied the receipt and bill closely, Novak glanced at both, and Barbara turned once more to Wrigley. ”Did she call you from the restaurant that night?”

”Probably not.”

Judge Mac cleared his throat, and Wrigley said, ”No.”

”Did you speak with Ms. Franz on Thursday, June fifteenth?”

”It might have been then. I just don't remember dates that well.”

”Dr. Wrigley, do you mean to tell the court that you could have spoken to Ms. Franz on the evening she died, a few hours before her death, and not remember?” She did not try to mask the disbelief in her voice.

”I just know I talked to her. I've said over and over I don't know when it was.”

”No,” Barbara said quietly. ”You said it was two or three days before her death. Now you're saying it could have been on the same evening she died.”

Judge Mac rapped his gavel. ”Ms. Holloway, please do not engage in a dialogue with the witness. And, Dr. Wrigley, please confine your testimony to the questions being asked.”

Wrigley's face twisted as if in pain, and in a low voice he said, ”I talked to her hours before her death. May I explain?”

”Please do,” Barbara said. She took a step or two back, folded her arms across her chest, and watched him.

”She called, just as I described earlier, and I was brutally rude to her, I'm afraid. I didn't recognize the real desperation she was suffering, and I didn't understand that her words signified that she had decided to end her life. Then, when I read about her death and the significance of her call began to sink in, I was filled with guilt. I should have done something to help her. But I didn't. Over the weeks that followed, I convinced myself that her call had come days earlier than it did, that she had not said in so many words that she would commit suicide, and that there was nothing I should have done-or even could have done-to prevent her death. The police arrested Alexander Feldman, and I believed that she had informed them about what she had seen.” His voice was low and intense, his gaze fixed on his hands. Now he looked up at Judge Mac, then at Jase Novak. ”I apologize for my cowardice; I did not deliberately lie. I believed in what I was saying until Ms. Holloway demonstrated the truth of the situation. I talked to Hilde Franz the night she died; she said more or less that she intended to take her own life, and I did nothing to stop her. I'm sorry.”

There was a prolonged silence in the courtroom; Jase Novak looked more mournful than ever, but now there was also a triumphant gleam in his eyes. His boy had come through for him; sad as his story was, it had saved the day. Judge Mac was looking more thoughtfully at Isaac Wrigley, as if weighing statement against statement, and coming to no conclusion.

”Your Honor, may I approach the bench?” Barbara asked then.

He motioned her forward; Novak was on his feet instantly, and they both walked to the bench.

”Your Honor,” Barbara said in a very low voice, ”I have information concerning the death of Hilde Franz that the investigators have asked me not to reveal in open court. This witness has made serious allegations concerning both my father and me, the truth of which can be neither proved nor disproved, since Hilde Franz is dead, without revealing that information. May we have a conference in chambers to discuss the dilemma in which I find myself?”

”Franz's death isn't the issue in this trial,” Novak said fiercely. ”What she said before she died is the important matter, and how the witness regarded her words, a deathbed charge, or not.”

”My father did not learn that Alex Feldman was my client until the day before Alex's arraignment on June thirtieth,” Barbara said quietly. ”Hilde Franz had no reason to mention me, much less fear me.”

”We need to talk,” Judge Mac said, silencing whatever Novak had opened his mouth to say. ”I'll call for a recess, and you both come directly back to chambers. Bring Mr. Holloway,” he added to Barbara.

37.

When the attorneys entered chambers a few minutes later, Judge Mac was cordial but not happy. He motioned them to be seated, and he took his own seat behind his desk. ”Good afternoon, Frank. Before anything else, was Hilde Franz your client?”

”Yes, for many years, and again just before her death.”

”Did she know Ms. Holloway was representing Alexander Feldman?”

”No. I didn't know it until the day before his arraignment.”

”Oh, good heavens! Okay. Let's have it. What about her death?”

Barbara said, ”Lieutenant Hoggarth was among the spectators earlier. If he's still around, he can verify that the police are investigating Hilde Franz's death as a homicide.”

Judge Mac rolled his eyes. He stood up and pulled off his robe and tossed it over the back of his chair; then he pressed an intercom b.u.t.ton and snapped, ”Have someone see if Lieutenant Hoggarth is still hanging around. I want to see him if he is.”