Mister Dingledine by Robert F. Clifton (short novels in english .TXT) 📖

said Herbert to Henderson.

“Get used to it. Edsel Sawyer will not only try to disrobe you in front of the jury but flay you alive,” Henderson answered.

“ALL RISE!”, came the words, loud and clear from the bailiff.

Herbert stood. His legs were weak, his mouth dry. He was frightened, intimidated by the size of the courtroom and the fact that he was about to go on trial. The result could be his death.

“HEAR YE! HEAR YE! COURT IS NOW IN SESSION! HIS HONOR THE JUDGE, PHINIOS FLOWERS PRESIDING!”

Herbert watched as the judge stepped up to the bench, took his seat and after picking up the gavel, struck the wooden block and said, “You may be seated.” The judge looked down at the papers that had been set before him, turned one or two pages then turned to the jury and said, “It is my duty to instruct both the jury and those in attendance that I will at no time allow any interference in these proceedings. Any outburst, cries or any like sounds made by anyone that interferes with due process allowed to the defendant will be considered by the court as contempt of court. Now, gentlemen of the jury. You have been selected to hear and evaluate all evidence presented by the Prosecutor, Mister, Edsel Sawyer, representing the State of Pennsylvania,

in the County of Philadelphia. At present, he sits at the table to the right. At the other table located to the left sits the defendant, one Herbert Dingledine along with his attorney, one Theodore Henderson. Each counselor at law will address you with their opening remarks. Mister Sawyer will tell you exactly why the State of Pennsylvania has preferred criminal charges against Mister Dingledine. When Mister Sawyer is finished Mister Henderson will address you, informing you exactly why the State of Pennsylvania is wrong. You, the members of the jury will then after hearing, seeing and evaluating all evidence produced at this trial, will be asked to render a verdict. Most important, and I can not emphasize it enough is the fact that at this time, the defendant, Herbert Dingledine is to be considered innocent until proven guilty. Now, if there are no questions. Mister Sawyer you may give your opening remarks.”

Edsel Sawyer stood and said, “Thank you, your honor. Gentlemen of the jury. First, I would like to thank you for doing your civic duty in serving on this panel. The judge has told you what he expects you to do in this trial. I now will give you the information on just why, the State of Pennsylvania has indicted the defendant, Herbert Dingledine for the premeditated murder of his wife, one Ethel Thompson Dingledine. I, make that we, we will offer evidence, evidence from experts on such things as chemical analysis, statements made by the defendant to witnesses, people who are now witnesses for the state. We will also show motive for the defendant's actions. When you have heard all such evidence and the testimony of witnesses I will address you once again. I will ask you to render a verdict of guilty of murder in the first, degree. Thank you.”

Judge Flowers said, “Mister Henderson.”

Theodore Henderson stood and walked slowly to the jury box. Once in front of the jury he said, “Good morning. Now, let’s face it, other than his honor, mister Sawyer and myself who has to be here, none of you are too happy about being away from your places of employment, home or family. Unfortunately, the legal system in the United States requires that any defendant has the right to be judged by his peers. You then are Mister Dingeldine’s peers.` Mistakes are made every day by every one of us. Your mistake might have been opening the mail and finding that you have been selected for jury duty. Be that as it may, I will show during these proceedings that mistakes were made by the State, their analysis of evidence the testimony of their witnesses and the weak interpretation of the law. Thank you.”

Judge Flowers said, “Mister Sawyer you may proceed.”

“Thank you, your honor. The State of Pennsylvania calls Doctor Francis Pittman.”

Herbert watched as the doctor took the stand, raised his right hand and was sworn, to tell the truth, and nothing but the truth.

Sawyer, standing a few feet from the doctor asked, “Doctor, do you recognize the defendant?”

“Yes, sir.”

“Would you please say his name.”

“I know him as Herbert Dingledine.’

“Have you seen the defendant before today?”

“Yes, sir.”

“Where?”

“At the hospital, where I was on duty.”

“Under what circumstances?”

“We had admitted his wife to the emergency room.”

“Emergency, you say. What was the emergency?

“ The patient appeared to be suffering from poison.”

“OBJECTION, CONJECTURE., “ said Henderson loudly.

“Sustained. Doctor you may not use the word appeared or seemed to be,” said Judge Flowers.

“Allow me to ask you then, did you as the attending physician make a diagnosis of the victim, Ethel Dingledine?”,asked Sawyer.

“I did.”

“And what was your decision?”

“Originally, that the patient had died caused by botulism.”

“You use the word, originally, did you have an afterthought?”

“Yes.”

“When?”

“I would say, about ten days or two weeks later.”

“Why?” “I had the hospital pathology department run tests on

the stomach contents of the patient. They informed me that they found traces of arsenic on and in the partly digested green beans the patient had consumed at supper.”

“Did you inform the defendant of these findings?”

“No.”

“Why not?”

“I had told Mister Dingledine that I intended to conduct tests. After that I waited for him to contact me. He never did.”

“I see. Who did you contact, doctor?”

“The Philadelphia Police Department.”

“I see. Thank you doctor. No further questions your honor.”

“Mister Henderson, you may cross examine.”

“Thank you, your honor. Doctor Pittman would you tell the court the appearance and demeanor of my client on the night in question?

“Here appeared to have pulled his trousers and suit coat over his nightshirt. His demeanor I would say was that of a worried man.”

“When you say worried. Could it be that he was worried for his wife?”

“Possibly”

“Objection. The witness can not possibly know exactly what caused the defendant to worry if in fact he did at all.” said Sawyer.

“Sustained.”

"You said that you had the pathology department at the hospital conduct test on the stomach contents of Ethel Dingledine. Did they also test her blood?"

"No sir."

“No further questions,” said Henderson.

“Mister Sawyer,” said the judge.

“The State calls one Mildred Kramer.”

“Henderson looked at the list of witnesses and did not see the name, Mildred Kramer. Permission to approach the bench.” he said.

“Granted”, the judge replied.

Both attorney’s then stood before Judge flowers. “I fail to find the name of Mildred Kramer on my list of witnesses. Under the rules of discovery I am entitled to an accurate list of evidence and witnesses, “ said Henderson.

“Your honor. This is merely an oversight. I intend to show the mental state of the victim prior to her demise, nothing more,” said Sawyer.

“I object,” said Henderson.

“Overruled. I’ll allow her to testify then decide on the validity of her testimony. Let’s proceed,” said Flowers.

After walking back to their respected tables, Edsel Sawyer said, “The State calls, Mildred Kramer.”

Herbert leaned over and whispered in Henderson’s ear.

Mildred took the oath then sat down. “Mrs. Kramer do you know the defendant, Herbert Dingledine?,” asked Sawyer.

“Yes sir.”

“How so?”

“He is my next door neighbor.”

“And how long has he been your neighbor?”

“I’d say eight or nine years.”

“And, do you or did you know Ethel Dingledine?”

“Yes sir.”

“For about the same amount of time?”

“Yes sir.”

“ Then may I assume that the two of you held conversations with each other?”

“Rarely, Ethel was practically a recluse.”

“But you did talk once in awhile.”

“Yes.”

“ Would you tell the court words said to you be Ethel Dingldine sometime last fall.”

“Yes sir. I was hanging wash on the clothesline when I happened to see Ethel standing in her backyard. I asked her how she was.”

“And, what was her answer?”

“She said, Herbert is trying to kill me, or words to that effect.”

“Thank you. No further questions.

“Mister Henderson,” said the judge.

“Mrs. Kramer. Do you remember the statement you gave to members of the Philadelphia Police Department?,” asked Henderson.

“Yes.”

“What you actually said on the day you spoke with Ethel Dingledine was that Ethel said to you, Herbert wants me dead. Do you recall her saying that to you?”

“Yes.’

“Not Herbert is trying to kill me?”

“No.”

“Now then on that particular day, did you or did you not tell Herbert Dingledine about what Ethel had to say to you?”

“Yes.”

“What else did you say?”

“As I recall, I said I believe that Ethel is crazy, or words to that effect.”

“Thank you. No further questions.

“The court will recess for thirty minutes,” said the judge.

Henderson placed his hand on Herbert’s shoulder and said,

“ Things are going well. Go with the guards they’ll bring you back when it’s time.”

Forty minutes later the judge called the court into session.

“Mister Sawyer,” said Judge Flowers.

“Thank you your honor. The State calls John Kramer.”

After Kramer being sworn and seated Sawyer began his questioning. “Mister Kramer, the court and jury has heard the testimony of your wife, Mildred. As a result there is no need to go over the same questions as to how long you have known the suspect and so on. Instead sir I want you to remember a certain conversation you had with the defendant on a particular day. Do you recall a conversation?”

“Yes sir, I do. It was on a Sunday afternoon,” said Kramer.

“And, what was said?”

“Herbert said that he had to dig beets for his wife’s supper because she wouldn’t eat green beans.”

“Were those his exact words?”

“No, now that you mention it, I believe he used the word insist. He said and I remember that he said, My wife insists that she wants beets. I insisted that she eat the green beans,” said John Kramer.

“No further questions,” said Sawyer.

“Mister Henderson,” said the judge.

“Mister Kramer, what else do you recall about that day?,”

asked Henderson.

“Nothing in particular,”

“What day of the week was it?”

“As I recall, it was a Sunday.”

“Sunday you say. Knowing Herbert Dingledine as you do, would you consider him to be a Pius man?”

“I wouldn’t say Pius. I know he went to church on Sundays.”

“How do you know that?”

“I see him leave the house every Sunday on his way to church.”

“And, how is he dressed?

“Always a suit, clean shirt and collar and of course his hat. On Sundays he sometimes wears a fedora.”

“Now, on that particular Sunday, did you find anything strange or unusual?”

“Yes, Herbert seldom worked in his garden on Sundays. As I recall I questioned him as to why he was working in his garden on the Sabbath.”

“And, what was his reply?”

“What I have already said, he had to dig beets for his wife’s supper.”

“Was he agitated?”

“I would say so.”

“No further questions,” said Henderson.

“Mister Sawyer,” said Flowers.

“Permission to redirect, your honor,” said Sawyer.

“Without objection’, said the judge.

“Hearing no objection Sawyer asked, “What else do you remember about that conversation?”

“Basically, I recall knowing that Herbert and his wife had argued that I said, women you can’t live with them and you can’t live without them.”

“And what was Mister Dingledine’s reply?”

“Something like, I’d rather live without them and the sooner the better.”

“Do you recall any similar conversations?”

“Yes.”

“Please, tell the court.”

“I recall seeing Herbert in his backyard. I asked him what he was doing and he said putting down poison. I asked him why and he said, “There’s never too much for Ethel.”

“Objection, counsel is leading the witness. I ask that his testimony be stricken from the record,” said Henderson.

“On what basis?’, asked the judge.

“The fact that the State willfully and knowingly directed the witness to the State’s desired answer.”

“Overruled. Counsel should know that a leading question is permissible on cross examination,” ruled Judge Flowers.

“No further questions, your honor,” said Sawyer. “Call Alberta Collins,” said Sawyer.

Herbert watched as Alberta walked to the witness stand.

She was attired in a light, blue suit. White blouse with a lace collar. On her head was a black hat with a blue feather. Instead of wearing her hair tied back in a bun she allowed it to flow down upon her