"I am sorry for her—who wouldn't be? You will be. Her difficulty was great, her position tragic. But as the State's representative, I remind you that instead of the many fair and decent solutions for her trouble that she might have chosen, the one she did choose was premeditated murder.
"On the evening of Sunday, August 16th, Ann Doherty called at Callista Blake's apartment, 21 Covent Street, leaving at 8:30. No third person was present, no one knew she was going there except Callista Blake who, by her own admission, had telephoned and asked her to come. James Doherty had gone to New York City by train the morning of that Sunday and did not return until Monday evening.... Before leaving Callista's apartment, Ann had a little drink of brandy for the road. It was poisoned, with aconite.
"On her way home, Ann was stopped by a state trooper because her driving was a bit erratic. The trooper dismissed her with a warning, and then followed her home because he thought she might be ill, felt uneasy about her welfare till he saw her drive in safely at her house on Summer Avenue—8:43 by his notebook. This trooper, Carlo San Giorgio, is the last person known to have spoken with Ann Doherty before her death. He will testify.
"At 9:10, less than half an hour after Ann reached home, Callista Blake's Volkswagen was parked on Walton Road, between the fork and the Chalmers house, hidden by the trees. At 9:40, another half-hour later, Callista Blake drove that car part way into the Chalmers drive, backed out and drove off in the direction of Winchester—no stop, no visit to her mother's house, just in and out and away.
"Ann Doherty died, by drowning in that pond in the woods, between quarter to nine and quarter to ten; this we know from medical evidence. We have excellent circumstantial evidence for most of Ann's actions after San Giorgio saw her reach home. She stopped her car in the driveway, off the gravel, almost colliding with the front porch. She turned off headlights and motor but left the car door open. Her key ring, with house and car keys, fell by the porch steps. She dropped her handbag on the path leading through the woods to the Chalmers house. Aconite causes numbness of the extremities, nausea, thirst, general muscular collapse, but usually no impairment of the intelligence. Evidently Ann's mind was at least clear enough to remember her husband was away, and the nearest help in her sudden sickness would be at the Chalmers house. She probably couldn't recover the key ring after her numb fingers dropped it, and that's why she couldn't get into the house and reach the telephone. She had locked up when she left, her custom whenever Jim was away.
"Coming down that path, Ann fell several times, she vomited, she lost one of her shoes. She fell again, half-way down the spur path leading to the pond. Why did she go that way, and not straight on to the Chalmers house? We don't know, for certain. Took the wrong turn in the moonlight, being sick and confused?—possible. She was found in the water, drowned. Stumbled and fell in, couldn't get out?—that also is possible, remotely possible. Admittedly the circumstantial evidence is imperfect at this point, and it's one of the questions of fact that you, members of the jury, will be called on to decide."
Grim, slow, brooding, Hunter returned to the prosecution's table for another sip of water, and Warner's gaze wandered to the face of Judge Terence Mann. What are you going to do to us, Terence?
In a sense, the Judge would do nothing. Warner assumed without reservations that the quiet introspective man up there would try his best to preserve an ideal impartiality. It seemed to Warner that Mann was almost devoid of vanity, incredible as that might seem in a judge. No fanaticism in Terence Mann, no insistence on the rightness of a view because it was his own, no false identification of self with idea. Incredible until you remembered that Terence was a judge more or less by accident, an interim appointment later confirmed by an election in which he had peacefully refused to do any serious campaigning.
Warner recalled their first meeting ten years ago, soon after Mann had been appointed special prosecutor for an investigation into county road construction frauds. The rats were running, and Terence, a youngish thirty-seven, appeared to be enjoying it. In the book-leather and walnut surroundings of Mann and Wheatley, Terence had looked at first like a revised version of his uncle Norden Mann who had died the year before. A superficial resemblance. Old Norden had been a born pettifogger, loving legal labyrinths for their own sake. Terence, skeptical, a bit sharp, would look for the simplest way to pass through a labyrinth and come out on the other side. Terence had served his apprenticeship in Norden's firm, re-entering it after his discharge from the Army. Until that graft-hunting appointment no one had heard much of him. Warner had gone to the office on Wilson Place off Main Street—"Lawyers' Hollow"—for a luncheon engagement with Joe Wheatley. Terence had been halted for a handshake, and Warner had fallen into a pose he could not always avoid: the aging lion. Terence wasn't scared. "Do you intend to be a famous prosecutor? Scourge of the unrighteous, huh?"
The loaded questions—they came out too, Grandfather roaring. Terence hadn't minded. "No, sir, I don't exactly see that ahead of me." No word of what he did see. Later they met at the University Club and began a more relaxed acquaintance over a few drinks. Then an invitation to Terence's apartment that became an evening of Chopin and Bach. Music was an aspect of Mann's life unsuspected, discovered by Warner with the abruptness of an opened door. The lawyer vanished; the hands were "beyond technique"; the keyboard voice spoke with the authority of intense feeling governed by insight.