Leeds said, with what evidently was the manner of one reciting by rote, “In the same way that I know you are Mr. Kittering, the deputy district attorney — because he told me so. He told me his name wasn’t Milicant, that he wasn’t the brother of Emily Milicant, that he was Bill Hogarty, a man whom Alden Leeds thought he had murdered. He said he’d had his nose broken since and put on a lot of weight, and Uncle Alden hadn’t recognized...”
“Just a moment,” Judge Knox interrupted. “I think that answer has gone far enough. The answer, as given, most certainly answers the question, as asked. I think any statement made by the decedent to this witness for the purpose of showing motivation, malice, or bad blood between the parties should not be admitted in evidence unless it is shown that it was a dying statement. And I take it, counselor, your question didn’t call for such a communication?”
“No, Your Honor.”
“Very well. Proceed.”
“Did you see the defendant on the night of the murder — the seventh of this month?”
“Yes.”
“When?”
“At about ten-twenty-five in the evening.”
“Where?”
“Emerging from the room of Bill Hogarty — or John Milicant, whichever you want to call him.”