Dismas Hardy: The Motive - Dismas Hardy: The Motive Part 24
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Dismas Hardy: The Motive Part 24

Hardy shook his head. "No, I told you, we're fine. In fact, it's added a whole new dimension to our marriage, where she pretends it doesn't bother her and I pretend that I appreciate her understanding. It's special, but what am I supposed to do? It's a little late now."

"You could pray for a short trial." "Prayer is always a solace," Hardy said. "I might go for that." * * *

Twenty minutes later, he left his office to a gaggle of well-wishers in the lobby. This was a major case for the firm, and everyone was aware of its importance. It was still bitter cold outside, but Hardy was damned if he was going to hassle first with the impossible parking around the Hall of Justice, which for twenty-some bucks a day would not get him appreciably closer to the courtroom than he was in his office, and then with the gauntlet of the TV cameras and Minicams. No, wrapped in his long heavy coat and wearing gloves, he would walk the twelve blocks carrying his twenty-pound briefcase and sneak in past at least most of the jackals through the back door by the jail.

First though, there was the jail itself, and the pretrial meeting with his client. Over the months, he'd grown accustomed to seeing Catherine in the familiar orange jumpsuit that was her garb in the lockup, so this morning when she entered the "Passion Pit" in low heels, a stylish green skirt and complementary blouse, earrings, eye shadow and lipstick, he boosted himself off the table where he'd been sitting. He met her eyes and nodded in appreciation. "Okay, then," he said, "that works."

The female guard who'd escorted Catherine from the changing room closed the door behind her. Now the client took a step or two into the room, toward him, and stopped. There was something in her stillness that struck him as a falsely brave front, but she summoned what passed for a smile. "You ever get tired of being a lawyer," she said, "I think you've got a career in women's fashion."

Hardy had pulled a bit of a break with the judge when she'd allowed Catherine the dignity of changing into normal clothes upstairs instead of in a holding cell next to the courtroom. Hardy had contacted the good husband, Will, and he'd sent over three boxes of clothes and underwear, none of which fit her anymore because she'd lost so much weight in jail. So Hardy had her take her measurements and write down her sizes, then had spent the better part of a day a few weeks before buying a wardrobe for her at Neiman Marcus.

As it turned out, this straightforward and practical move had backfired in a number of ways. First off, Hardy really didn't know all that much about women's fashion, but his ex-wife, Jane Fowler, happened to still work in the field-she'd been a buyer at I. Magnin for years. The two weren't exactly close anymore, but they had lunch together a couple of times a year just to keep up. When he asked if she would do him a favor and accompany him on the shopping expedition, she'd agreed.

What happened next he might have guessed if he'd thought about it. But he really wasn't sufficiently paranoid yet, and maybe never would be, to fully appreciate what appeared to be happening around this case. Several tabloid reporters shadowed him on this shopping trip. Not only did someone snap a picture of him holding up a sexy bra, but the article followed up with the news that Hardy had bought the clothes with the firm's credit card, implying that he was paying for it. Although of course he'd just be listing the clothes in his regular bill to Will Hanover for his hours and expenses, the article made the purchase look suspect.

And the icing on the cake was that Jane appeared behind him in the bra picture. The Romeo not just fooling around with his client, but now caught with his ex-wife. Frannie liked that part almost as much as the picture of her-wearing formless jogging clothes, with her hair in disarray and a somehow distracted and worried look on her face as she carried a couple of bags of groceries. The caption under that one: "Brave But Clueless."

Hardy shook his head to clear the memory. In front of him, Catherine did a little self-conscious pirouette. "I really look okay?"

"Better than okay."

She sighed, then threw a second sigh at the ceiling. When she came back to him, she was blinking. "I'm not going to cry and ruin these eyes today."

"No. Don't do that. That would be wrong."

Nixon's famous line from the Watergate era brought a smile, enough to stem the immediate threat of tears. "It's just," she sighed, "I thought I'd never wear anything like this again."

"You'll do that all the time, Catherine. You wait."

"Do you really think so?"

With more conviction than he felt, Hardy nodded. "You didn't do this. The jury won't convict you. You'll see. The system really does work."

"I want to believe that, but if that's the case, I keep wondering how it got me to here."

Now Hardy feigned his own brave smile. "One little teeny tiny design flaw. A bad cop. This is the version where he gets edited out. You ready?"

"I'm ready."

"All right. I've got to remind you that the next time I see you, we're in front of the jury. Some of them are going to think you and I have something going on, courtesy of our ever-vigilant media. So it's important that you and I appear to have a professional distance. Frannie's going to be out there. So is Will . . . no, don't look like that. He's got to be there. It's critical that the jury sees that your husband is supporting you through all this, that in spite of everything, he must believe that you're innocent."

"In spite of everything he's said about me. And what he's done."

Hardy nodded. "In spite of all that, he's our witness. He's got nothing to say about the crime itself. He's your husband. They can't make him testify against you."

"I hate him."

"I believe you've mentioned that, but it doesn't matter. He's out there, and it's good for the jury to see him and see that you're with him."

"But I'm not."

"Right. But that doesn't matter."

She closed her eyes and for a breath her structure seemed to crumble. Then she straightened up, opened her eyes, lifted her jaw and flashed a high-octane smile. "I'm innocent," she said. "I've got nothing to be afraid of."

"Correct. Let's go get 'em. I'll see you out there."

They'd been standing a foot apart and now Catherine stepped forward. "Dismas, I just want to say that I know how hard this has been for you. I mean personally. I never meant . . ."

"It's not you," he said. "It's all right."

She moved closer and leaned her head against his chest, the weight of it against him. Carefully, delicately, he put his arms around her and held her lightly. It was the first time they'd embraced. Catherine brought her arms around his back and tightened her hold on him. Again, her composure broke.

He patted her back, gradually easing her away, kissing her chastely on the cheek. Without another word, he picked up his briefcase, went to the door and knocked for the guard, and was gone.

The courtroom was Department 21 on the third floor of the Hall of Justice. Hardy had been in it on many occasions by now, but never failed to be disappointed by its lack of grandeur. More than twenty years ago, the city had installed extra security for the trial of Dan White, who'd shot Mayor Moscone and Supervisor Harvey Milk in their offices at City Hall. Now heavy doors and bulletproof glass separated the gallery from the well of the courtroom in Department 21. Except for these amenities, the room might have been a typical classroom in a marginally funded school district.

In front of the bar, Hardy sat at a plain blond library desk on the left-hand side of the nondescript, windowless, fluorescent-lit room. His counterpart with the prosecution-Rosen, with case inspector Dan Cuneo next to him-sat at an identical table about ten feet to his right. Beyond them was the varnished plywood jury box.

They'd finished jury selection yesterday, and now the box was filled with four men and eight women; with three African Americans, two Asians, two Hispanics, five Caucasians; one dentist, one high school teacher, three housewives, a city employee, a computer repairperson, two salesmen, three between jobs. Hardy had been living with the endless calculations of the crapshoot of the makeup of the eventual panel for nine working days. Now here they were and he'd done all he could. He even felt pretty good about some of the people; but he still wished he could start again. But it was always like this- something you just couldn't know or predict.

He'd entered the courtroom through the back door, coming up the hallway by the judge's chambers, to avoid the reporters and the general madness, and now at his table he ventured a half-turn to catch his wife's eye. Frannie was in the first row, the first seat by the center aisle, next to their friend, the "CityTalk" columnist Jeff Elliot. Frannie didn't often come to court with Hardy, but for his big trials she tried to be there for his opening and closing statements. He caught her eye and put his hand over his heart and patted it twice, the secret signal. She did the same.

Behind her and Elliot, it was bedlam.

Every one of the twelve rows, eight wooden, theater-style seats to a side, was completely filled, mostly with media people. Hardy also recognized not just a few people from his office who had come down to cheer him on, but several other attorneys from the building, as well as what appeared to be quite a sizable sampling of regular folks and trial junkies. And now, before the entrance of the judge, everyone was talking all at once.

On Hardy's side, Will Hanover sat with the other adult members of his extended family who would not be called as witnesses for the prosecution-Catherine's two sisters-in-law and their husbands. Unbelievably, Hardy thought, given the testimony they'd supplied to Cuneo, Beth and Aaron, like Will, still considered themselves to be on Catherine's side. Despite their comments in police reports to the contrary, none of them actually seemed to believe that Catherine was guilty. Yes, she'd known where Paul kept his gun. Yes, she'd been worried about the inheritance. Yes, she'd repeated many times that somebody would have to kill Paul and Missy. Either they didn't believe in causality or they didn't understand the gravity of their statements, but nonetheless, by their very presence on Catherine's "side" of the gallery, they would be living and breathing testimony to the fact that they still cared about her-and in the great nebulous unknown that was the collective mind of the jury, this might not be a bad thing.

Cuneo, of course, was turned around at the prosecutor's table and sat jittering nonstop, talking to a couple of assistant DAs from upstairs in the front row, down for the show. But then suddenly the bailiff was standing up to the left of the judge's utilitarian desk. "All rise. Department Twenty-One of the Superior Court of the State of California is now in session. Her Honor Judge Marian Braun presiding. Please turn off all cell phones and pagers, be seated and come to order."

Without any fanfare, Braun was seated almost before the bailiff had concluded his introduction. She scowled out at the gallery, as though surprised at its size, then faced the clerk and nodded. The clerk nodded back, then looked over to the second bailiff, who was standing by the back door to the courtroom, on Hardy's right. They'd already called the case number and read the indictment for special circumstances double murder when they'd begun jury selection so long ago. So now, today, there was little of that earlier formality-the defendant merely needed to be in the courtroom so that she could face her accusers.

The back door opened and Catherine Hanover appeared to a slight electric buzz from the gallery. The loss of the fifteen pounds hadn't hurt her looks. Neither had the light makeup, the subtle lipstick, the tailored clothing. In the brassy fluorescence of the courtroom, she seemed to shine, and Hardy was not at all sure that this was a positive. Good looks could backfire. He glanced at the jury for reactions and suddenly wished there were at least eight men on it and four women, instead of the other way around. Or even twelve men, all of them older and self-made.

During jury selection, he'd convinced himself that the women he'd accepted were of a traditional bent, and hence would be deeply suspicious of Missy D'Amiens and her unknown and thus arguably colorful and potentially dangerous past. On the other hand, he suddenly realized-and Catherine's appearance today underscored this-that these same women might have a great deal of trouble identifying with this attractive woman whose husband's six-figure income wasn't enough to support her lifestyle. In the end, he'd gone along with impaneling all the women because women, at least the sort he hoped he had left on the jury, tended to believe that sexual harassment happened. But he shuddered inwardly now, suddenly afraid that he might have outright miscalculated.

He tore his eyes away from the jury and brought them back to his client. He stood and pulled out the chair next to him for her, glad to see that she had apparently found her husband and in-laws in the gallery and acknowledged them.

Then she was seated. Hardy whispered to her. "How are you doing?"

"Fine."

The judge tapped her gavel to still the continuing buzz, then turned to the prosecution table. "Mr. Rosen, ready for the people?"

Rosen got out of his chair. "Yes, Your Honor."

"Mr. Hardy?"

"Yes, Your Honor."

"All right, Mr. Rosen, you may begin."

Chris Rosen was a professional trial attorney with nine years of experience and a specialization in arson cases. He'd prosecuted three homicides and a dozen arsons in that time, winning four of them outright and getting lesser convictions with substantial prison time on the others. So he could say with absolute truth that he'd never lost a case, which in this most liberal city was an enviable, almost unheard of, record. Maybe Rosen hadn't always gotten a clear win, either, but Hardy knew the truth of the defense bias in San Francisco-indeed, it was one of the factors involved in this case for which he was most grateful-but this was cold comfort as he watched his young, good-looking opposite number rise with a quiet confidence and a friendly demeanor to match it.

"Ladies and gentlemen," he began. "Good morning. We're here today and for the next few days or weeks- let's hope it won't be too many weeks-to hear evidence about the murders of two people, Paul Hanover, a lawyer here in San Francisco, and his fiancee, Missy D'Amiens." Hardy noticed that Rosen came as advertised-he was playing it smooth. He didn't refer to the dead impersonally as "the deceased" or even "the victims." Rather, they had been real, live people until they had been "murdered." He continued to the jury in his serious, amiable voice. "On Wednesday, May the twelfth of last year, someone set a fire at the home that Mr. Hanover shared with Missy D'Amiens. Firemen coming to fight the blaze found the bodies of a man and woman, burned beyond recognition, in the foyer of the house. Wedged under one of the bodies was a gun. Both victims had been shot in the head. The evidence will show beyond a reasonable doubt that neither wound was self-inflicted. Neither victim killed the other and then him- or herself. These people were murdered in their home, and the murderer lit a fire in the hope of destroying the evidence that would connect him or her to the crime."

Rosen paused to collect himself, as these grisly and dramatic events would obviously upset the psyche of any reasonably sensitive person. Clearing his throat, excusing himself to the jurors "for just a moment," he took a few steps over to his desk, where Cuneo pushed his glass of water to the front edge of the desk. Rosen took a sip, cleared his throat again and turned back to the jurors.

"We will prove to you, ladies and gentlemen, and prove beyond a reasonable doubt, that the person who fired those shots into the heads of each of these victims was the defendant in this case, Mr. Hanover's daughterin-law, Catherine Hanover. She did it for a common and mundane reason-Mr. Hanover was going to change his will and name Missy D'Amiens his beneficiary. When he did that, his inheritance of nearly fifteen million dollars would go to Missy, and the defendant would get no share of it.

"On the very day that he died, according to the defendant's own statement to police, Mr. Hanover told her that he was thinking of changing his will in favor of Missy before the wedding date, possibly as early as the following week. Spurred by this confession of his plans, the defendant resolved to kill Mr. Hanover before he could change his will."

Here Rosen turned and faced Catherine, his body language as well as his tone suggesting that it pained him to make these accusations against a fellow human being. But she had brought it on herself; he so wished that she hadn't. He raised an almost reluctant hand until his arm was fully outstretched, his index finger wavering in controlled indignation. "And shoot him she did. At point-blank range, in the head. And shot Missy D'Amiens, too, because she'd had the bad fortune to come home and be in the house."

Recounting the tale was imposing a great burden on Rosen, and he needed another sip of water. Hardy thought this was overdoing the sensitivity a bit, and he was glad to see something about which he could- privately, at least-be critical. He knew that juries had a way of sniffing out a phony, tactical interruption, and they might resent it. Otherwise, Rosen was presenting a textbook opening statement-recounting the facts the prosecution had and would prove, without any editorializing. He had even avoided the potential minefield of Missy's presence in the house-clearly the killer had intended the scene to look like a murder/suicide, which would have ended the investigation before it began. But Rosen didn't accuse Catherine of that. He steered clear altogether. Hardy, with a grudging admiration, had to let him continue unchallenged.

"The relevant events of this tragic day are relatively straightforward and really began around noon. We will prove to you that the defendant, Catherine Hanover, stopped at a Valero gas station on the corner of Oak and Webster, about three blocks from Paul Hanover's home on Alamo Square. A worker at that gas station will testify that he saw the defendant get out of her car, a black Mercedes-Benz C240, and fill a portable container with gasoline and put it into her trunk.

"According to the defendant's own statement, she went to visit her father-in-law later that same afternoon to discuss the finances of her immediate and extended family. We will show you that the defendant came back to Mr. Hanover's home later in the day. You will hear two witnesses testify that she left Mr. Hanover's home a few moments before the fire broke out. You will discover that the defendant lied to the police about her actions at this time. She said that she was at home alone during these critical hours. But her own daughter's diary disproves her story."

Hardy covered his mouth with his hand, hiding from the jury his displeasure. Heather's diary was perhaps the biggest issue he'd lost in pretrial. Although Hardy had argued bitterly against its inclusion, there was no question of the importance and relevance of the diary entry. So one way or another, it was going in. And in the normal course of events, that evidence couldn't have been admitted-it wouldn't have had a foundation-if Heather as a prosecution witness against her own mother didn't testify in court that she'd written it. Understandably, this was a scenario that Catherine, in a genuine display of motherly protectiveness, wanted to avoid at all costs. The psychological damage to her daughter could be incalculable. But Rosen needed the evidence, which meant he needed Heather. And no one could stop him from forcing her to testify. The only solution had been for Hardy to cut a deal to allow the diary entry without the foundation. But even without Heather's testimony, it was a bitter pill, and potentially devastating for his client.

Meanwhile, Rosen was gliding easily over the last of the evidence. "Finally, you will learn that the same type of gasoline used as an accelerant to start the fire in Mr. Hanover's home exactly matches that found in fibers of rug from the trunk of the defendant's black Mercedes-Benz C240." He paused for one last sip of water.

"As I said at the outset, this is a straightforward story, and I'm nearly through with it. On May the twelfth of last year, Paul Hanover himself told the defendant that within days, she and her entire family would be written out of her father-in-law's will. That they would lose millions of dollars. She decided to kill him to keep that from happening, and to use his own gun that she knew he kept loaded in the headboard of his bed. She bought gasoline to set Paul Hanover's house on fire to cover her tracks. She had the means. By her own admission, she'd been at the house during the afternoon, and you will hear witnesses place her there again just before the fire broke out. Opportunity."

Rosen let out a little air. "We will show you, and prove beyond a reasonable doubt, that Catherine Hanover killed her father-in-law, Paul Hanover, and Missy D'Amiens for money by shooting them both in the head. This is first-degree murder with special circumstances under the law of the State of California, and that is the verdict I will ask for. Thank you very much."

In a California murder trial, the defense attorney has an option. He can either deliver his opening statement directly after that of the prosecuting attorney, as a sort of instant rebuttal, or he can deliver his statement at the conclusion of the state's case in full. Hardy was a big fan of the former, believing as he did that the jury made up a great deal of its collective mind-impressions of the players, general believability of the state's narrative, strength or likely strength of the evidence to be presented-in the very opening stages of a trial.

Hardy's experience was that by the time the jury members had heard and seen all the state's evidence, even if the veracity and provenance of every bit of it had been questioned, denied and demeaned by a vigilant defense lawyer, the weight of all of it often just got to be too much to lift. So despite being the defense attorney, Hardy didn't want to fall into a defensive posture. The last thing he wanted was to be passive, parrying the thrusts of his opponent without striking any blows of his own.

No, a trial was a war, and the goal was to win, not simply to defend. And if you wanted to win, you had to attack.

Hardy knew the book on Rosen was that he never objected during open, believing, as did most lawyers, that it ticked off the jury. So he had a hunch he could mix a little argument into a straight recitation of his facts-in fact, his plan was to find out exactly how much argument his counterpart could tolerate.

So after his own low-key and affably gracious greeting to the jurors, Hardy wasted no time bringing out his own guns. "Well, we've all now heard Mr. Rosen's account of the murders of Paul Hanover and Missy D'Amiens, and I couldn't help but be struck by his use of the phrase, 'we will show, and prove to you beyond a reasonable doubt.' Just hearing him use those words creates a powerful impression, doesn't it? He's telling you he's got evidence to support his theory of Paul and Missy's deaths that is so persuasive that it will leave you in a state of virtual certainty, beyond a reasonable doubt, that Catherine Hanover killed them both.

"But let me tell you something. He doesn't have any such thing. He has, in fact, no physical evidence at all that places Catherine at Paul Hanover's house at or near the time of the murders." He stopped as though struck nearly mute for a second by the enormity of what he'd just said. "Can that be right? You must be thinking, How can the State of California have arrested and charged Catherine Hanover with this heinous double murder of her fatherin-law and his fiancee if there is simply no physical evidence tying her to the crime?"

A flummoxed look on his face, he turned first to the prosecution table as though he expected an answer to this very reasonable question. When none was forthcoming, he came back to the panel. "That, ladies and gentlemen of the jury, is a very good question. Because the pure fact is that Mr. Rosen does not have so much as a single fingerprint of Catherine Hanover on any part of the murder weapon. He does not have anything tying Catherine Hanover to the gasoline container that Mr. Hanover's killer used to start the fire at his house. He has, let me repeat this one more time, no physical evidence. Remarkable."

Hardy took a casual stroll of his own now across to the defense table where Catherine sat. Borrowing from Rosen's bag of tricks, he, too, raised his arm and pointed a finger at his client. "This woman is innocent, completely innocent of these crimes. She is guilty of nothing at all, in fact, except for drawing the attention and incurring the wrath of the lead investigating officer on this case, Sergeant Dan Cuneo, by resisting his inappropriate sexual advances and reporting them to his superior."

Out in the gallery, a low roar erupted. This was what all the reporters had come for! Sex and scandal. Salacious accusations and powder-keg secrets.

Hardy took a beat's quiet pleasure in the sight of Cuneo's startled fury, of Chris Rosen's jaw, visibly drooping. Startled and disconcerted, though he must have known that the issue would arise, he simply didn't seem prepared for the accusation so early in open court. Welcome to the big leagues, Hardy thought. He had drawn first blood.

It got better. Cuneo whispered something to Rosen, who belatedly rose to his feet. "Objection, Your Honor. Argument."

"The objection is overruled. He's not arguing, Mr. Rosen. He's telling his version of events, as you did. That's what opening statements are for. Go on, Mr. Hardy."

Hardy nodded respectfully. This was wholly unexpected. Not only had Braun ruled for him, but she'd thrown Rosen a backhanded rebuke in front of the jury. Hardy had to like it, but couldn't dare show any of it. "Thank you, Your Honor," he said.

He moved to the center of the courtroom. Again he turned and looked back over at the defense table. "I said a minute ago that there was no physical evidence tying Catherine to this crime. But more than that, there is no convincing evidence of any kind, physical or otherwise, that she is guilty." The adrenaline was definitely running now, and he was aware of a keen pleasure-almost a thrill-knowing that he was going to let it take him as far as it would.

"The critical prosecution witnesses are inconsistent and contradict one another. My client's statements have been twisted and taken out of context. The so-called motive has been exaggerated and distorted, and the whole foul-smelling mass has been coaxed into the feeble semblance of a case by an overhasty and careless investigation.

"Two people are dead here. And the evidence will show they were shot to death. The prosecution evidence beyond this is simply not clear enough, clean enough, convincing enough to convict Catherine of murder." He paused for a beat, confident now that he'd be able to slip in a last bit of argument. "At the beginning of your service," he said to the jury, "you swore an oath. As Catherine sits there now under your gaze," he said, "you must presume that what I have told you is the truth. You must presume that she is innocent. That is where this trial begins.

"Mr. Rosen would have you believe that she is not innocent. That she plotted and executed this double murder for financial gain. That she is guilty as charged. But no amount of political ambition, no desire to close a high-profile case can make her so. The law of this country presumes the innocence of the accused. It is on that presumption and upon your oath that we will rely."

He met the eyes of several jurors, every one rapt. Up to now, at least, he had them with him.

17.

The only witness before the lunch break was John Strout, an ageless and usually uncontroversial figure at every murder trial that Hardy had ever attended in San Francisco. Prosaic as it might seem, usually one of the first orders of business for the prosecution was to establish that a murder had, in fact, taken place. Or, in this case, two murders.

Hardy had studied the forensics and the autopsy until he'd gone cross-eyed trying to find some wedge to cast doubt on the causes of death or, more specifically, to reintroduce the idea of murder/suicide. It certainly didn't look good, knowing all the facts as he did; in fact, the possibility was so remote as to be an impossibility. Still, he didn't see how it could hurt to give the jury a nugget of doubt about that point.

So when Rosen finished his none-too-rigorous direct on what had been the obvious causes of death of the two victims, Hardy stood and walked up to where Dr. Strout sat with consummate ease in the witness box. As some people grow to look like their dogs, Strout the coroner had over time come to resemble a cadaver. Nearly six and a half feet tall, gaunt and sallow, Strout's many-lined cheeks were covered with a crepe-paper skin that sank into the hollows of his face. A prominent Adam's apple bobbed with every frequent swallow. But for all that, he somehow managed to retain something of a youthful air-a shock of unruly white hair, pale blue eyes that had seen it all and laughed at a lot of it. When he spoke, a Southern drawl cast much of what he said in a sardonic light. Although here, of course-on the witness stand under oath-he would strive to be nothing but professional.

Hardy had known the man for thirty years and greeted him cordially, then got down to the business at hand. "You've testified that both Mr. Hanover and Missy D'Amiens died from gunshot wounds to the head, is that correct?"

"Yes, it is." Strout was sitting back in his seat, arms resting on the arms of his chair, his long legs crossed in the cramped witness box, an ankle on its opposite knee.

In the kindergarten simplicity of the courtroom, Rosen had presented a drawing, mounted on a portable tripod, of the two victims' heads, showing the entry and exit wounds of the bullets and their trajectories. Hardy went first to the location of the wound on Missy's head-verifying that it was in the upper back. "Let me ask you then, Doctor. Could this wound have been self-inflicted?"

Strout's initial reaction, covered quickly, was a twinkle in those pale eyes. He knew Hardy well, and the question was so stupid on its face that he almost didn't know how to respond except with sarcasm. But it stirred him from his complacent lethargy. He uncrossed his legs and pulled himself up straight. "In my opinion"-"In ma 'pinion"-"it would have been well nigh impossible to inflict this wound on herself."

"Im-possible, you say?"

"That's right."

"All right. And turning now to Mr. Hanover's wound. Same question." "Could he have shot himself there, over his right ear?"

"Right," Hardy said.

"Well, no. I don't rightly think so."

"But unlike the case with Missy D'Amiens, it might not have been impossible?"