The Innocent Woman

6

As Marvin Lowery took the witness stand, A.D.A. Pearson was actually rather pleased with how things had worked out..

Frank Fletcher had not made a good impression on the stand. He was too sharp and angular. Too cunning and conniving. He simply did not inspire trust.

Macklin would have been good, until he stubbed his toe by boasting about his detective prowess, laying himself wide open for the X-ray vision fiasco.

But Marvin Lowery was perfect. Middle-aged, roly-poly fat, with graying curly hair and kindly, almost twinkling eyes, the man inspired confidence. This was someone the jurors could relate to. This was someone they could trust. All in all, a good man to close with. A good anchor for the case.

Marvin Lowery was sworn in and testified with easy assurance to his position in the firm and his partnership with Mr. Fletcher.

“And were you present on Friday, April 30th, when detective Samuel Macklin came to the office?”

“Yes, I was.”

“Can you tell us what happened on that occasion?”

“Certainly. There had been shortages in petty cash. Frank and I had decided to hire a private detective.”

“When you say Frank, you mean Mr. Fletcher?”

“Yes, of course.”

“I’m sorry to interrupt. Go on.”

“Anyway, we’d decided to hire a private detective, and Frank-Mr. Fletcher-hired Samuel Macklin. Mr. Macklin came to our office.”

“On April 30th?”

“That’s right.”

“Around what time?”

“Twelve-thirty.”

“What happened then?”

“Well, Frank-Mr. Fletcher-”

“You can say Frank.”

“Thank you. Frank counted out twenty-five twenty dollar bills and handed them to Mr. Macklin. Mr. Macklin wrote down the serial numbers in his notebook.”

“What happened then?”

“Mr. Macklin gave them back, and Frank took the bills and put them in the petty cash box, and put the petty cash box in the petty cash drawer.”

“Did you see him do this?”

“Yes, I did.”

“Can you testify that it was the same bills Mr. Macklin gave him that he put in the petty cash drawer?”

“Absolutely.”

“How can you be so sure?”

“Because I was paying attention. You have to understand, it was an upsetting thing. The thought that someone was stealing from us. I didn’t know if it was true, so I was particularly concerned with what was happening. I paid attention because it was important.”

Pearson nodded gravely. “I see,” he said. “Were you there when Mr. Macklin left that afternoon?”

“Yes, I was.”

“Was that before or after the defendant returned from lunch?”

“It was before.”

“Are you sure?”

“Absolutely. We didn’t want her to see him. We didn’t want her to know what was going on.”

“How long was it between the time Mr. Macklin left and the time the defendant returned from lunch?”

“I can’t be sure. I would say fifteen to twenty minutes, but that’s an approximation.”

“How do you base it?”

“Mr. Macklin got to our office around twelve-thirty. He had to write down the serial numbers on the bills. That took between five and ten minutes. When he was finished, Frank put the bills in the petty cash drawer and Mr. Macklin left. That was somewhere in the neighborhood of a quarter to one. And the defendant would have returned to the office somewhere in the neighborhood of one, when the lunch hour was over.”

“I see,” Pearson said. “And in that fifteen minute interval before the defendant returned from lunch-what were you doing then?”

“Talking to Frank.”

“The whole time?”

“Yes. The whole time.”

“Why was that?” Pearson held up his hand. “Let me rephrase that. Without telling us what Mr. Fletcher said, which would be hearsay, can you tell us in general what you were talking about.”

“Of course. About Mr. Macklin and the money and the shortage in the petty cash drawer.”

“I see. So you were with Mr. Fletcher the entire time from when Mr. Macklin left until the defendant returned from lunch?”

“That’s right.”

“During that time, did he have occasion to go near the petty cash drawer?”

“No, he did not.”

“Are you sure?”

“Absolutely. We were in his inner office. The cash drawer is in the outer office, in Miss Dearborn’s desk.”

“You were with him in his office when Miss Dearborn returned from lunch?”

“That’s right.”

“And what time did you leave the office that day?”

“Around five o’clock.”

“Was anyone with you when you left?”

“Yes. Mr. Fletcher.”

“The two of you left together?”

“That’s right.”

“Was there anyone in the office when you left?”

“Yes. Miss Dearborn. She closes up at five-thirty.”

Pearson nodded in satisfaction. “And when is the next time you returned to the office?”

“Monday morning.”

“That would be May 3rd?”

“That’s right.”

“What happened then?”

“I met Mr. Fletcher outside the office.”

“What time was that?”

“Approximately eight-thirty.”

“What did you do?”

“We waited for Mr. Macklin. He arrived about five minutes later and the three of us went up and opened the office.”

“What did you do then?”

“Looked in Miss Dearborn’s desk, took out the cash box and inspected the petty cash.”

“Who actually took out the cash box?”

“Frank. Mr. Fletcher.”

“And what did he do then?”

“He counted the money. He told us-”

Pearson held up his hand. “Huh uh, Mr. Lowery. I’m sorry, but you’re not allowed to say what he told you. But after he counted the money, what did you do?”

“I counted the money.”

“You counted it yourself?”

“Yes, I did.”

“What did you discover?”

“There was a hundred dollars missing.”

“A hundred dollars?”

“That’s right.”

“Let me be very clear about this. You determined there was a hundred dollars missing? From you own personal observation? You’re not basing that on something that Mr. Fletcher said?”

“Not at all. I counted it myself.”

“Fine. And after you counted it, what did you do then?”

“Well, I told Mr. Macklin- But I guess I’m not allowed to say that.”

“No, no,” Pearson said. “Whatever you said is fine.”

“I see. Well, I told Mr. Macklin there was a hundred dollars missing.”

“Fine,” Pearson said. “And were you there when the defendant arrived for work that morning?”

“Yes, I was.”

“Without going into any conversations that may have transpired, did there come a time when Mr. Macklin identified himself to the defendant?”

“Yes, there did. He took out and showed her his I.D.”

“And did there come a time when Mr. Macklin inspected the contents of the defendant’s purse?”

“Yes, there did.”

“And what did he find?”

“He found four twenty dollar bills in her wallet.”

“And what, if anything, did he do with those bills?”

“He compared them to the list of serial numbers in his notebook.”

“With what result?”

“Two of the bills from the defendant’s wallet matched the serial numbers on his list.”

“Mr. Lowery, I have cautioned you about hearsay testimony. Do you know that because of something Mr. Macklin told you?”

“No, sir. I know that because after Mr. Macklin pointed it out, I compared the serial numbers myself.”

“You personally compared the serial numbers on those twenty dollar bills to the serial numbers on Mr. Macklin’s list?”

“Yes, I did.”

“And two of the serial numbers matched?”

“That’s correct.”

“Thank you, Mr. Lowery. That’s all.”