Chapter 53

The neck of Pollock's shirt, and the armpits were now growing damp, and tiny beads of sweat were appearing at his temples.

"His name?"

"His name. Surely this man had a name."

"He was someone Mr. Greenley was doing business with. I think he called him Bob."

"Bob? Just Bob? So, the four of you sat around this table," he pointed to the sketch, "and drank coffee, but you weren't introduced. Is that what you would have this court believe?"

"Well it might sound odd … but that's exactly what happened."

Realizing how odd it did sound, Pollock chose to add a piece. "We didn't actually sit around the table. Me and Tony were across the room while Bob and Mr. Greenley talked. Put our cups on the table after he left."

"So, if I understand this correctly. You put your partially empty cups on the table, after Bob left, and then moved away from the table to wait for Mr. Thomson to arrive."

"Yes, that's how it happened."

"How did you know Mr. Thomson was going to arrive?"

His palms were now damp and the tiny beads on his temple had grown larger. "I didn't … none of us did."

"So, you would have this court understand that you left your coffee unfinished, right after Bob left, moved, for no reason, off to the side, away from the table … and chairs … to stand in the place you occupied when Mr. Thomson arrived.

"Having no idea how long Bob had been gone, you have no idea how long you stood there waiting … for … well, it seems, just waiting?" He shrugged and waited for the witness to respond.

Pollock just wanted this over. Now. "Yes. Mr. Greenley didn't appreciate idle chitchat…. And, I prefer standing when there's no reason not to…."

He obviously failed to note that his readily visible surplus bulk would belie that fact.

Jarrod chose to let it go. His intention was cast doubt upon the witness's testimony and he'd accomplished that to the degree possible. "I have no further questions."

Manus decided to leave it alone for now, and, as advised by the judge, to call his next witness.

As per the previous ruling, Tony Bailey was ushered into the courtroom as Jim Pollock was ushered out … with no opportunity for exchange between them.

Mr. Bailey's testimony, in response to the prosecutor's questioning of the events surrounding the death of Greenley, mimicked that of his cohort. Manus was annoyed that the men had not advised him of the fourth person having been present earlier that morning. He decided to forestall the defense attorney's attempts at discrediting this witness as well.

"Mr. Bailey, I understand Mr. Greenley entertained a business associate the morning he was murdered, and that man left before Thomson arrived. Is that correct?"

Even the fly in the far corner of the courtroom could not have missed seeing the surprise on Bailey's face.

"Objection, Your Honor. The question is leading."

"Objection sustained. The witness will not answer."

Manus was annoyed. He'd hoped Bailey would answer before Barkley could object. However, he at least had accomplished a portion of his objective … if Bailey would pick up on the lead he'd been given.

"Did Mr. Greenley often entertain business associates in his room?"

Bailey's confusion was evident but he managed to handle the question. "Yes sir, he did."

"Did he entertain such a person that morning?"

Bailey wasn't the sharpest quill on the porcupine, but he knew enough to play along. "He did."

"A man to whom you were not introduced?"

"Objection, Your Honor. The prosecutor is again asking a leading question."

Objection sustained.

"Were you introduced to this business associate?"

Bailey hesitated before realizing that he had not been introduced. "No sir, I was not."

"Thank you. I have no further questions."

He directed a smirk toward Jarrod Barkley before adding, "Your witness, Counselor."

Jarrod was not surprised by Manus's tactics.

"Mr. Bailey, you have testified that you were employed by Mr. Greenley. Is that correct?"

Bailey breathed a sign of relief. At least this lawyer didn't seem much interested in the man who had departed. "That is correct."

"I see. Please tell this court what work you performed for the deceased."

The witness glanced briefly at Manus, before responding. "I ran errands from time to time, helped out with anything he needed."

"I see. You were employed as an errand boy."

Bailey took umbrage and responded before thinking. "No sir, I was employed as his bodyguard."

Jarrod moved closer, rested his arm on the polished edge of the witness box, and leaned towards its occupant.

"You were employed as his bodyguard ... presumably to protect him. You previously stated that Mr. Thomson shot Mr. Greenley before you were able to disarm him, or otherwise intervene. Is that correct?"

"Yes. I wasn't wearing my gun."

"I see. And you were close to Mr. Thomson … close enough to hit him hard enough to render him unconscious after he shot Mr. Greenley. Is that correct?"

Now he was starting to sweat. He was still somewhat unnerved by the prosecutor's interest in a fourth man, and could only wonder where the lawyer was going with this? He now remembered his instructions from Manus: answer just the question and as simply as possible.

"Yes sir."

"Please help this court understand, Mr. Bailey, how it was that you were close enough to Mr. Thomson to deliver a very hard blow to his head, but you were unable to tackle him, or otherwise knock him aside, before he shot Mr. Greenley."

Bailey licked his lips … again. "I don't rightly know. Guess it just never occurred to me he would shoot the boss."

"I see. A man, currently in the process of suing your boss, the boss you were hired to protect, allegedly bursts into the hotel room, with his gun already drawn, and it does not occur to you that he intends to shoot that boss. What was it that you suspected he did intend to do?"

"Objection, Your Honor. The question is irrelevant."

"On the contrary, Your Honor, I believe it is highly relevant. This witness stated he was standing close to the door … opposite to the side to which the door would swing … standing and waiting. He stated that his job was to protect Mr. Greenley. It is not unreasonable, therefore, to assume he was standing, ready to act in the capacity of protector, should the need arise ... even though, he alleges, he was not wearing his gun."

He turned back to the witness before continuing. "And yet, when the need did arise, he would have this court to understand that he did not suspect the man who allegedly burst through the door, gun drawn, intended to shoot his employer. I believe it is well within reason to seek to understand what it was he suspected Mr. Thomson intended to do."

"Objection overruled, the witness will answer the question."

Manus wasn't surprised. He just hoped the delay would give his witness time to collect his wits and formulate a reasonable reply.

"I'm sorry, Your Honor, but I truly can't say. I don't think I really had time to think about it. And, I really wouldn't suspect that someone would shoot a man … in cold blood … in front of witnesses. So, doesn't seem to me that would be a reasonable thing to suspect was going to happen."

Jarrod, grudgingly, accepted that the witness had recovered his aplomb quite nicely. Time to change direction.

"Thank you, Mr. Bailey."

He paused to stare at the man for several seconds. "Who is Bob?"

Again, the look of surprise would have the fly aflutter. "Bob? Bob who?"

"My question exactly. Bob who? What is Bob's full name?"

"I don't know any Bob."

"How interesting. The previous witness testified that the man who left the room before Mr. Thomson arrived, was named Bob. How is it that Mr. Pollock knew that and you did not?"

He was flustered again, and Manus was once more on his feet.

"Objection, Your Honor. The question has been asked and answered. The defense counsel is badgering the witness."

Jarrod waited for the ruling, not terribly concerned either way.

He'd made his point.

"Objection overruled. The witness will answer the question."

"Well I don't know what Jimmy might have known."

He suddenly had what he considered to be a good thought. "Maybe he was listening in on the conversation. Maybe he heard Mr. Greenley call him that. I don't make it a point of listening in on conversations that don't concern me."

He looked very pleased with himself.

Jarrod smiled. "An admirable trait I'm sure."

Time to shift direction again.

"So, Mr. Bailey, you just confirmed that Mr. Greenley, and I quote, 'often entertained business associates in his room' … in his room.

Did Mr. Greenley not have an office in this town?"

"I believe so."

"Mr. Bailey, I ask you again. Did Mr. Greenley, or did he not, have an office in this town?"

"He did." Bailey was getting nervous again.

"Hmmm. Often entertained business associates in his room. Why in his room, Mr. Bailey. Why not in his office?"

"Objection, Your Honor. The question is speculative."

"Objection sustained."

Jarrod paused for a moment, as if to reconsider. He had no intention of letting this one go.