Excellent Ben's murder trial One Man's Calling : One Man's Calling, ch 56 by Wayne Fowler

In the last part Ben learned that his trial for murder would begin the Monday following the Awakening services. D.L. Moody preached his first message. ^^^^^^^^^ The judge detailed the charges against Ben. The jury of twelve men appeared to be ordinary enough, perhaps one or two business men. One, though, had the presence as if a retired police officer. The prosecutor and Henry as defense counsel both offered opening arguments, The prosecutor described the manner of Mario Colosimo’s death in vivid detail, declaring that Ben’s kick directly resulted in Mario Colosimo’s death. Henry described self-defense, animating the scene in front of the jury. The first to testify was one of the doctors who treated Mario at the hospital. He was followed by the coroner who performed an autopsy. Henry cross-examined the doctor. “Dr. Hamilton, did the deceased have a pre-existing condition?” “Oh, no sir. His heart was fine. He could have lived until he was 70… 75 maybe.” “Doctor, did the deceased have any other medical issues?” “Oh, well he might have had some swelling in his genitalia. It’s difficult to diagnose, really, after the injury. “Doctor, were you the attending physician at Mr. Colosimo’s admission?” “No… that was Dr. Philmore. He was called away on an emergency.” Henry whispered to Ben that they’d gotten to Dr. Philmore. “Doctor, did you see evidence of any infection in the deceased’s genitalia?” “Objection, Your Honor,” the prosecutor said rising to his feet. “The defense is leading the witness and attempting to introduce evidence through a back door.” “Sustained. Continue, Counsel.” “Doctor, did the deceased’s genitalia, or nether region vicinity, bear any evidence of a previous injury?” “Not as I could determine. He appeared to be in a great deal of trauma in his nether region and that’s what caused his heart to stop.” “Doctor, the great deal of trauma you mentioned, do you imagine …” “Objection, Your Honor. Doctor Hamilton is a professional surgeon. He does not imagine.” “Sustained. Reword your question, Counsel.” “Doctor Hamilton, please pardon me for my faux pas. I meant no disrespect. Is it your testimony that a single kick to the groin would kill a man?” “Apparently, it did this one.” “Doctor,” Henry said, his voiced decidedly louder and on the edge of frustration. “Have you ever seen any other patient killed by a simple groin injury?” “Well, being as how the patient died, I don’t know how simple the injury might have been.” “Doctor, how long have you been at Mary’s Hospital?” “Going on two months.” “Two months. How many times did you actually see the deceased?” “That would be … uh, twice, I think.” “Twice?” “Yes. The second time to declare him dead.” “So you attended him once. Did you, Doctor, on that one occasion, physically examine the deceased’s genitalia?” “I looked at it. My concern was his irregular heartbeat. The damage done was obvious.” “Doctor, what would a previous condition of infection in the nether regions look like?” “Swelling, discoloration, things of that sort.” “And did the patient, Mr. Colosimo present those conditions?” “Yes. But so would a properly delivered kick.” Henry gave up. “Thank you, Doctor. No further questions, Your Honor.” He could not undo the damage to Ben’s case. The prosecutor then brought both policemen who saw Ben kick Mario. “Officer Helms, what did you see on Aug 30 when you rounded the corner of Lombard and Stockton.” “We saw that guy there, the defendant, kick Mario Colosimo in the groin.” “And what did you do?” We secured the defendant and then got medical assistance for the injured man.” “Was the deceased alone?” “No. He had another man alongside of him.” “Did you see either of those men attack the defendant, Mr. Ben Persons?” “No. We did not see nothin’ like that.” “Thank you. Your witness Counsel.” “No questions, Your Honor.” Henry and Ben had already discussed not cross examining the officers. They would simply corroborate one another. The Prosecutor called the second officer. “Your Honor, we can dispense with Officer Fletcher’s testimony. The defense will stipulate to his testimony, that he claimed to see essentially the same as Officer Helms.” “Your Honor?” The Prosecutor was on his feet, his voice whiney, his arms spread, his head cocked as if pleading. “Call your witness.” “The prosecution calls Officer Fletcher.” The Prosecutor asked the same questions, receiving the same answers as officer Gelms had proffered. Henry declined to cross. “The Prosecution rests its case, Your Honor.” The judge recessed for lunch, advising the jury that the defense would begin its case when they returned. +++ “May it please the court, Your Honor, I call Jimmy Crowder.” The youth that Ben had saved from death of a fall from the rigging of the Superbia by taking his whipping took the stand. He and Ben exchanged smiles. Once sworn in, Henry asked Jimmy to explain whether he knew Ben, how he knew him, and to explain the circumstances. Jimmy was so excited to speak for Ben that he simply blurted out, forgetting the dialogue he and Henry had rehearsed. “Ben saved my life. He took the whipping that would have killed me and saved me from death. I woulda fell off the rigging the first time up.” “Jimmy, let’s back up a little bit. “How did you and the defendant, Mr. Persons come to be on a ship together?” “Oh, well we was both catched up, chang-hide.” “Shanghaied?” “Yeah. Tha’s right. Chang-hide.” “And you to receive a whipping?” “Objection, Your Honor. Leading the witness.” “Sustained.” “Jimmy, what happened on the first day of your… uh, cruise?” “The Ship’s mate, he was assignin’ duties. When it come to me, he said I was to be a topsail man, you know, up the riggin’. Well, I sorta broke down, an’ the like on account of … Then Ben, there, he come up an’ told the Mate that I would make a good cook. And I did! But well, the mate ordered Ben to be whipped. For me, see?” “Thank you, Jimmy.” Henry waved toward the Prosecutor who jumped to his feet, half startling Jimmy. Jimmy’s testimony did not come across as practiced. “Mr. Crowder. Did the Ship’s Mate ever say that you were going to receive any lashes?” Jimmy looked confused. “I dunno whutchu mean, Sir?” “Well, it’s simple. Did the Ship’s Mate order anyone to whip you?” “No Sir. Don’t guess he did.” “No further questions, Your Honor.” “The defense calls Isabelle Waterbury, Your Honor.”   Once sworn in Henry began questioning Isabelle. “How do you know the defendant, Miss Waterbury?” “He saved us from mayhem, perhaps mutilation, and quite possibly from death.” Henry cautiously got the whole story of the north redwood trees into the record. “Miss Waterbury,” the Prosecutor began. “Did your friend get his hand chopped off?” “No, Sir.” “And obviously you didn’t get your hand chopped off.” Isabelle simply showed her hands to the jury. “Miss Waterbury, you said that the Governor and Mr. John Muir arrived. Did you and the others release yourselves from the tree before the Governor and Mr. Muir arrived, or after?” “After.” “And this was the next day following, after Mr. Persons had spoken to Mr. Walters, the timber man?” He was leading the witness, but Henry saw no point in simply delaying the response. “Yes.” “So for all you know, the Governor effected the saving of the trees and your safe return to the bosom of your family?” “Uh, yes, I suppose so.” “No further questions Your Honor.” Henry was going to call a prostitute that Ben had rescued, but nixed that idea, reckoning that the Prosecutor would merely use her former occupation against Ben, possibly even calling her rescue a theft of property, or willful breaking of a contract. He dared not take the risk. Henry got to his feet. “Your Honor my next set of witnesses I’ve scheduled for tomorrow… and due to…” The Prosecutor jumped to his feet. “Your Honor, the defense knows how trials work. It’s not even 4:30. But… in the interest of justice, the prosecution will concede that the defendant has many friends, many friends, and has done good things for his many friends, and that all of these listed character witnesses will say flowery things about Mr. Persons.” The judge addressed Henry, “Mr. Halleck, do any of your witnesses have anything pertinent to the act in question?” “No, Your Honor. They are as the Prosecution stated, character witnesses.” “Well, since that has been sufficiently stipulated, let’s move on. Who else are you going to call?” The jury plainly saw the judge glare at Ben. “The defense rests, Your Honor.” “All right, then. Court stands adjourned until nine AM tomorrow when we will hear closing arguments.” The judge slammed his gavel. Author Notes Ben Persons: a young man following God's call D.L. Moody: famous evangelist and Bible Institute founder Henry Halleck: lawyer friend of Ben Mario Colosimo: son of Chicago thug, Diamond Jim. In San Francisco seeking revenge against Ben.

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