The Baxter Trust

argue the case at this time.”
    “Exactly,” Crandell said irritably. “Mr. Dirkson, no further argument is needed at this time. Nor from you, Mr. Winslow. The Court is going to make a ruling. But first the Court is going to charge the jury.” Judge Crandell turned to the jury and addressed them. “I want the jurors to understand that the remarks of the defense attorney are not in evidence, and you should give them no weight. He was arguing why he should be allowed to question the witness on the point. His arguments on the point, the contentions that he has made, are his and his alone, and do not constitute evidence. The only thing you are allowed to consider as evidence in this case is the body of pertinent questions that are asked, and the answers they elicit.” Crandell turned back to the attorneys. “The Court is now going to rule. The Court is going to rule,” Crandell said, with a trace of an ironic smile, “that it is not incumbent upon this witness to stab the defense attorney in the back. In other words, the objection is sustained. However, Mr. Winslow is quite correct in his contention that he be allowed to cross-examine the witness on the statement that he made, and the Court is going to allow any reasonable amount of pertinent questions on that subject. Now, Mr. Winslow, aside from asking to be done bodily harm, you are free to question the witness.”
    “Thank you, Your Honor,” Steve said. “Mr. Steele, if you would care to sit down.”
    Steele returned to the witness stand.
    Steve stalked him, as a cat might stalk a mouse.
    “Now, Mr. Steele, you have testified that in your opinion Sheila Benton stabbed Robert Greely, holding the knife in the manner you indicated?”
    “Objection,” said Dirkson. “Already asked and answered.”
    “I think it was,” Crandell said, “but it would also seem to be merely preliminary. Could we attempt to dispense with overly technical objections?”
    “Yes, Your Honor,” Dirkson said with poor grace.
    “Answer the question,” Steve said.
    “Yes,” Steele said. “That’s what I said.”
    “Sheila Benton stabbed Robert Greely with that knife?”
    “Yes.”
    “Holding it in her hand?”
    “Yes.”
    “In the manner you indicated?”
    “Yes.”
    “Do you know how tall Sheila Benton is?”
    “No, I do not.”
    “Is she six feet tall?”
    “I don’t know.”
    “You don’t? You’re an expert technician. You’re trained to notice details. Do you mean to tell me you can’t tell if Sheila Benton is six feet tall?”
    “Objection. Argumentative,” Dirkson said.
    “Sustained.”
    Steve turned to the defense table. “Sheila Benton. Stand up.”
    Sheila stood.
    “Now, Mr. Steele, I want you to look at the defendant and tell me if she is over or under six feet tall.”
    “Your Honor,” Dirkson said. “I hate to keep objecting, in view of your admonition, but this is totally irrelevant and calls for a conclusion on the part of the witness.”
    “It does not, Your Honor,” Steve said. “It goes to his qualifications as an expert, and it goes to show bias.”
    Judge Crandell looked down at him. “Bias?”
    “Yes, Your Honor. The witness is a veteran observer. Surely he can look at a girl and tell if she is six feet tall or not. However, he knows what I am getting at, so he doesn’t want to say that she’s less than six feet tall. His refusal to say so is an indication of his bias.”
    Judge Crandell smiled. “The argument is adroitly framed, if somewhat farfetched. However, the question could be construed as a test of his qualifications. The objection is overruled. The witness will answer the question.”
    “Is the defendant over or under six feet tall?” Winslow asked.
    “I’m not sure,” Steele said.
    “Thank you for a fair and impartial answer,” Steve said, sarcastically. “Now, Mr. Steele, I’m not going to bother having the defendant come up here and stand next to you, I think I’ll just let the jury judge your statement on its own.”
    “Objection, Your Honor.”
    “Sustained. Mr. Winslow, such remarks are uncalled for.”
    “I apologize, Your Honor,” Steve said. He turned back to the witness. “Now, Mr. Steele, let me ask you this. Did you examine the vital statistics of the decedent?”
    “I did.”
    “And how tall was he?”
    “If he can remember, Your Honor,” Dirkson put in.
    Judge Crandell frowned. “Yes, if he can remember, Mr. Prosecutor. But in the event that he cannot remember, I am going to