The Baxter Trust

Honorable Preston Crandell presiding.”
    Judge Crandell turned to Harry Dirkson. “Is the prosecution ready?”
    “Ready, Your Honor.”
    Crandell turned to Steve Winslow. He appeared to hesitate a second and raise an eyebrow before inquiring, “Is the defense ready?”
    Dirkson was afraid Winslow would say something smart, do something clownish, but he merely said, “Ready, Your Honor.”
    Crandell turned to the bailiff. “Bring in the first jurors.”
    During jury selection, some of Harry Dirkson’s fears evaporated. Far from being flamboyant, the defense attorney seemed quiet and subdued. He asked only easy, general questions of the prospective jurors, regarding their ability to be impartial and fair, and seemed to take their answers at face value. Things went so smoothly, in fact, that the jury was impaneled that morning, and following the noon recess, Judge Crandell commenced the trial.
    “Does the prosecution wish to make an opening statement?” he inquired of Dirkson.
    Dirkson rose to his feet. “The prosecution does, Your Honor.”
    Dirkson had expected the jury selection to have taken several days. However, he was a shrewd prosecutor who took nothing for granted, and thus his opening speech was well prepared. This was his moment to shine, and he was fully prepared to do so. He felt that old kick, that old surge of adrenaline, and he actually felt good as he strode out into the middle of the courtroom.
    “Your Honor. Ladies and gentlemen of the jury,” he began. “The prosecution intends to prove, that on the seventh day of June of this year, the defendant, Sheila Benton, did, premeditatedly and with malice aforethought, murder one Robert Greely. We intend to prove that Sheila Benton is an heiress with a trust fund worth several million dollars. The trust is in the control of her uncle, Maxwell Baxter, until Miss Benton reaches the age of thirty-five, at which time he is to turn over the principal to her. However, there is a provision in the trust which states that if Sheila Benton is involved in any scandal that would bring disrepute on the family name, the entire trust is forfeit, and the money goes to charity. We intend to prove that Sheila Benton was engaged in an affair with a married man, one John Dutton. We intend to prove that Robert Greely learned of the affair, and demanded blackmail for his silence. Threatened with exposure, and unable to raise the sum of money Greely demanded, Sheila Benton lured him up to her apartment and killed him.
    “We shall prove all of these things by competent evidence, and we shall expect a verdict of guilty at your hands.”
    Dirkson smiled at the jury, went back and sat down.
    Steve was impressed. It was an effective opening statement, short and to the point, stating what Dirkson expected to prove, but showing none of his hand. Steve realized the jury was impressed too. He had been watching them during Dirkson’s speech. They had listened intently. Some had even nodded. And now, all of them were looking at the defendant, a sure sign that the prosecution had scored.
    “Does the defense wish to make an opening statement?” asked Judge Crandell.
    Steve looked up. The judge clearly expected a negative response. It would be unusual for the defense to make an opening statement at this time. The usual practice would be to reserve the opening statement until the prosecution had rested and the defense began putting on its case.
    But Dirkson’s opening statement had done its damage. The jury had already turned against the defendant. Okay, Steve thought. Break the mood.
    He rose to his feet. “The defense does, Your Honor.”
    He stepped out into the middle of the courtroom. All eyes were on him, all heads turned to watch this strange-looking man, to hear what he had to say.
    “Your Honor,” Steve said, in his best stage voice. “Ladies and gentlemen of the jury.”
    He paused theatrically, looked around the courtroom. Then he shrugged his shoulders, smiled slightly and, in a smaller voice with just a hint of Brooklyn twang, said, “She didn’t do it.”
    Steve walked back to his seat and sat down.
    A ripple of amusement ran through the courtroom. It was a delayed reaction, as the people slowly realized that was his entire opening statement.
    Steve watched the jurors. Some smiled. Some looked at each other.
    The mood Dirkson had created was gone.
    Steve looked around the courtroom at the reaction, and in that moment, all his opening-night jitters were