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Gerald W Darnell

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A Day in Court
by Gerald W Darnell
Thursday, February 22, 2024

Rated "G" by the Author.

       
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     From Carson Reno's 'The Fourth Man'

 Joe was working an embezzlement case for our client Black Diamond Insurance and Lydia was searching for a purse that a woman had left on a city bus. It apparently contained some expensive jewelry and a substantial amount of cash. Her efforts would be fruitless, but when a client wants to pay for our services we rarely refuse.

Marcie, my secretary, was up to her elbows trying to get our income tax return completed. This was September, they were due last April and we had exhausted all available extensions. Given her temperament and the difficulty involved, each of us had taken a pledge to stay far away from Marcie until she had that task handled.

I, on the other hand, was spending the day in court!

My client, Sammy ‘bedbug’ Herzog had been arrested for the murder of his wife – Mildred. She had been stabbed in the neck with a paring knife and left bleeding to death on the kitchen floor of their home. According to the police the case was a ‘slam dunk’. They had the murder weapon containing Sammy’s fingerprints. They had a neighbor who had overhead Sammy and Mildred in a loud argument on the evening of the murder, and Sammy had no viable alibi for the time of the murder.

But as usual, the police had it all wrong.

First of all it was the victim – Mildred. I could see her committing murder but never getting murdered – at least not by Sammy. Mildred was a big woman…a large woman…a very large woman. She would weigh-in at about 250 pounds and stood over six feet…without shoes. The woman was as mean as a stepped on rattlesnake and had a temper to match. She’d been known to clear out a bar of drunken sailors all by herself before taking on a squad of police when they came to break up the fight. Mildred Herzog was not a woman to be taken lightly, and certainly not someone who would have gotten stabbed in the neck with a little paring knife without putting up one hell of a fight.

Next was my client – Sammy ‘bedbug’ Herzog. He’d gained his nickname (bedbug) because he was small…but irritating. He was no more than five foot two (with his shoes on) and couldn’t weigh more than 110 pounds. Standing next to Mildred he looked like a midget, and seeing them together made you think you were looking at a circus act.

Also Sammy had no injuries when arrested - no bumps, no bruises and no broken parts. If he had gotten into a fight with Mildred, that would not have been possible. Chances are it would have been Sammy who ended up dead – not Mildred!

But, Sammy was irritating and tended to make people mad whether he meant to or not.  However, because of his size most people ignored the irritation and put up with his annoying ways. He was just Sammy ‘bedbug’ Herzog and couldn’t be anybody else.

I have no idea how Sammy and Mildred found each other, but suspect the Starlight Lounge and the ‘tea dance’ had a lot to do with it.  On numerous occasions I had watched them dancing across the floor with all the other mismatched couples – they seemed to enjoy each other’s company. But imagining them participating in any adult romance activities was not something my shallow mind could comprehend. I’m pretty sure it happened – I just don’t know how it happened…and I don’t want to know.

Then there was the evidence, the circumstantial evidence. The murder took place in the kitchen – Sammy and Mildred’s kitchen – and the paring knife came from a kitchen drawer. So why wouldn’t they find Sammy’s fingerprints on the knife? It was his knife, his kitchen and his house. Nonsense!

And, according to Sammy, the two of them having a loud argument was nothing new – it happened almost daily. What the neighbor heard that evening he had heard many times before, whether he would admit to it or not. But, because somebody stuck a paring knife in Mildred’s throat that particular evening, the police were willing to make a big deal of it. Nonsense!

That brings us to the alibi. Sammy claims that after they argued he went to the local poolroom, got drunk and doesn’t remember much after that. He also claimed that he didn’t remember the reason he and Mildred argued that evening, which was probably a lie.

The next morning police found Sammy asleep on a bus stop bench, arrested him and charged him with Mildred’s murder. That’s when I got involved.

Sammy called me from jail and begged for help – guess I was his first and only call. I knew he couldn’t pay, but I also knew he was no murderer. I couldn’t say no.

Most of my investigation concentrated on proving his alibi, and without much success. I found a few regulars at the poolroom who remembered seeing Sammy, but couldn’t swear to what day it was or what time it was.  Hell, most of them were probably as drunk as Sammy anyway.

My best lead came from a snitch who claimed to have information about Mildred Herzog, but unfortunately refused to testify - which made it nothing but ‘hearsay’ evidence. He alleged that Mildred had been slipping around with a fellow named Tony ‘two ton’ Magee. When I questioned Sammy about it, he just shrugged and declined to comment. Maybe he was embarrassed about it or just ashamed to admit he knew about Mildred’s infidelity. Either way it was just another instance of a client lying to me (like they all do).

However, my search for Tony ‘two ton’ Magee went nowhere. Either Tony had skipped town or was just doing a damn good job of avoiding me. His apartment was empty and he wasn’t visiting any of his known hangouts. I struck out looking for Tony.

~

Jack Logan is my lawyer/partner. He really isn’t a partner, but just a good friend and a damn good lawyer. Plus the business he brought to the Drake Detective Agency was much appreciated, and I threw business his way every chance I got. We worked well together…usually.

Dumping Sammy ‘bedbug’ Herzog in his lap wasn’t exactly a ray of sunshine for his business, but friendship has its advantages. Jack reluctantly said yes, I gave him my arguments and evidence and today was the day for Sammy’s preliminary hearing. This was a hearing to discuss the evidence and determine if formal charges of murder would be pursued against Sammy – leading to a jury trial. The prosecuting attorney had promised a surprise witness for the hearing and I wanted to see who he had dug up. I was also in court at Jack’s request and ready to testify if needed.

~

The court docket for the day was a long one, and Sammy’s case was scheduled to be the last of the day. My seat on the back row wasn’t very comfortable, but an early start to the day and effects from last night’s whiskey somehow overcame the discomfort and was making my eyelids feel like concrete. Somewhere during the lengthy and boring process I must have fallen asleep!

A loud BANG BANG from the judge’s gavel brought me back from the sandman and to consciousness. I woke just in time to hear - “Motion denied - case dismissed!  And don’t come back into my courtroom with flimsy evidence like this again!”

Another bang from the gavel brought everyone to their feet, and suddenly people were stumbling over me to get out of the courtroom. I stood up just as a large black woman pushed her way past.

“Excuse me Ma’am,” I asked quietly, “Can you tell me what just happened?”

“Humph,” she grunted. “If you want to know what happens you need to stay awake!  If you wanted to sleep, why didn’t you just stay at home! You’ve been snoring loud enough to wake the dead – none of us could hear much of anything that was being said. Go home and sleep it off!”

She grunted again, gave me a dirty look and headed toward the courtroom door along with the rest of the people.

I mumbled an “I’m sorry,” as she walked away.  But I’m sure she didn’t hear me.

 

~

Finding my way out of the courtroom and to the hallway, I sat down on another uncomfortable bench and waited for the courtroom to clear. I wasn’t sure what news Jack Logan would be bringing me, but I suspected it wouldn’t be good news.

Surprisingly, the first person I recognized leaving the courtroom was Sammy – the smile on his face was bigger than Chicago. I stood and watched as he walked up to where I was standing – then he gave me an embarrassing hug!

“Thank you Mr. Reno…thank you for your help. I don’t know how I can ever repay you.”

“What,” was all that I could manage before he gave me another hug.

“You’re welcome Sammy…you’re welcome,” I pushed him away. “I’m not worried about pay, but I was worried about justice. Tell me…what happened in there?”

Before he could answer Jack Logan walked up, frowned and shook his head. “Reno,” he was still shaking his head as he spoke. “You…well you and Sammy got fortunate today. Go find your bookie and place a big bet because it is definitely your lucky day.”

“What,” I said again. “What happened?”

He stared at me and his frown got larger. “Weren’t you in the courtroom?  Didn’t you hear?”

“Yeah…well no. I mean yes, I was in the courtroom - but I don’t understand all that legal talk. Tell me what happened?”

“Hmm”, he mumbled. “Well, I presented the evidence, your evidence to the judge – he liked what he heard. The prosecutor presented his evidence, and then said he had a magic witness that would prove his case without a doubt – prove that Sammy was guilty of murdering his wife.”

“Okay…okay, then what?”

“Carson, are you sure you were in the courtroom?  You were supposed to be there as a possible witness.”

“I was there – I was there. Now, tell me what happened.”

“The prosecutor told the judge that his magic witness had mysteriously disappeared, and unfortunately he was unable to locate him to testify at the hearing.  That’s what set the judge off – he was pissed. So, he banged the gavel, admonished the prosecutor and threw the case out of court.  That’s it.”

“You mean Sammy is free…free to go home?”

“For now…yes.  But that doesn’t mean it won’t come up again, that prosecutor is determined to bring Sammy to trial. And it definitely will if they locate this mysterious missing magic witness.”

I turned to look at Sammy.  He was smiling like a butcher’s dog. “Sammy, go home and continue with your life.  I don’t recommend you leave town, and please stay out of trouble – which includes staying sober.  Also keep in touch with me and Mr. Logan.  Can you do all that?”

“Yes sur Mr. Reno…yes sur. And I don’t know how I can every repay you and Mr. Logan.”

“Don’t worry about it Sammy,” I said quietly. “We’ll figure out something.”

“Humph,” Jack looked at me and grunted. “Well…now if you’re through with me, I’ve got other clients that need my attention. Paying clients I should add.”

I gave him a big smile. “You mean we’re not going out for a celebration drink – a victory celebration – a celebration for justice served?”

“Drink one for me,” he shrugged before turning to leave. “And pay attention to what’s going on the next time you’re in a courtroom with me.”

“Yes sir,” I grinned, watching him walk away.

“Mr. Reno…I’ll take that drink,” Sammy interrupted.

I stared at him, then handed him a five dollar bill. “Go get yourself a drink – I’ve also got other clients that need my attention.”

I really didn’t, but wasn’t in the mood to share the rest of my day with Sammy ‘bedbug’ Herzog.

 

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Reviewed by Ronald Hull 2/26/2024
I'm not much for reading courtroom scenes that don't watch them on television except for an occasional, Judge Judy, or the like--supposedly true cases.

But your chapter's tightly written and moves along very nicely including the characters just the right way as well as describing them well. There was only one little thing that bothered me. Was Mildred slipping around, or sleeping around. While I don't think anyone sleeps while sneaking around and having sex, it's a word that people tend to use that is dead wrong because there is no sleep in that version of sleeping.

Also, it would've been great if the mystery witness was sleeping and therefore didn't hear the call to the witness stand. But that's a reach for now.

Ron

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