AllFreeNovel
Share Us
Jack glanced at the paper. “One more chance.”
Dobbs was desperate now. “Listen, Mr. Lawyer, I’d love to tell you, but I don’t know who done it. I swear.”
“And the people who were paid off?”
“They told me the money just showed up with a note sayin’ it was to pay off what I owed. That’s all they know, too. It’s why they come by, to see if I knew about it.”
He had half risen in his anxiety and then sat back down. “Am I in trouble?”
“Oh yes, a lot,” said Jack. He glanced at the judge expectantly.
Ambrose said, “Bailiff, take this man into custody and hold him for perjury charges.”
“What!” exclaimed Dobbs.
Ambrose peered down at him with a withering expression. “You lie in my courtroom, sir, you pay the price.”
A protesting Tyler Dobbs was removed from the courtroom by the bailiff and an armed deputy.
Jack handed the paper he had used to intimidate Tyler into telling the truth back to DuBose. On it were simply doodles she had made earlier. He said to the judge, “Move to strike all of the last witness’s testimony on the grounds that it was all lies in return for cash.”
Ambrose looked at a deflated Battle, who said, “No objection.”
The judge turned to the jury. “You are hereby instructed to disregard the testimony of the last witness as it dealt with all matters related to the defendants.”
“Thank you, Your Honor,” said Jack.
“Mr. Battle, call your next witness. And let’s hope he’s not a liar, too,” Ambrose snapped.
CHAPTER 72
BATTLE CALLED SAM RANDOLPH, WHO walked up to the stand and provided his testimony under the prosecutor’s careful direction.
“Now, you’re of the mind that your father definitely told Mr. Washington about wanting to leave money to him?” Battle asked.
Before he could answer DuBose was on her feet. “That’s speculation on his part, Your Honor. The witness cannot answer that question unless he has direct knowledge that Mr. Leslie Randolph did in fact tell the defendant about his intent to leave him money.”
Battle said, “Your Honor, I am relying on the legal principle of res gestae. We have heard previous testimony from other witnesses that Mr. Randolph was a blunt, forceful person who meant what he said. Under res gestae, if he told his son that he intended to leave money to the defendant, the jury can draw an inference that he indeed went through with that and duly informed the defendant.”
“I renew my objection,” said DuBose. “The commonwealth has not laid an adequate foundation to raise the extremely narrow principle of res gestae. Otherwise, it’s simply a back door for hearsay to be admitted as factual evidence and should not be allowed.”
Jack looked confused. It was clear he had no idea what the term even meant.
Ambrose said, “Your objection is duly noted, but I think Mr. Battle has laid an adequate foundation. You may answer the question, sir.”
“When my father got a thought in his head he acted on it,” said Sam. “The defendant knew he might get something, count on it.”
When Battle was finished, Sam Randolph perched nervously in his chair on the witness stand as Jack approached.
“Hello, Mr. Randolph. Now, you just testified that your father told you that he was planning to leave something to the defendant in his will. And you also just testified that it is your firm belief that he did indeed tell Mr. Washington of that intent.”
“That’s right.”
“But turns out he didn’t leave Mr. Washington anything.”
“Then he changed his mind or was killed before he could amend his will.”
“In your sworn statement you expressed surprise that he would have thought about leaving the defendant anything at all, correct?”
