The defendant, Lt. Frederick Manion is charged with murdering Barney Quill after Quill raped Manion's wife, Laura. There is no dispute about the killing. Manion plugged Quill in front of witnesses. The defense is "temporary insanity" brought about by discovering that Laura had been raped.
***************** [Direct of pathologist] **********
4) Dr. Raschid: The body of Quill had sustained 5 gunshot wounds. One of the bullets had passed through the heart. Death, in my opinion, was almost instantaneous, and was directly caused by this wound.
5) Prosecution: Dr. Raschid, may I have your detailed report?
A: Certainly.
Q: I ask that this report be marked People's Exhibit One for identification.
Judge: So received and marked.
Q: People hand the defense a copy of the report. Counsel may cross-examine.
******** [Cross] ***************
6) Defense: Dr. Raschid, your primary purpose was to ascertain the cause of death, was it not?
A: Yes.
7) Q: And yet I read in your report here that you checked to determine see whether spermatogenesis was occurring in the body of the deceased at the time of death.
Prosecution: Objection, your Honor. The People called this witness only to show the cause of death.
Defense: Your honor, the entire report was offered as evidence and the report contains this information about spermatogenesis.
Judge: Overruled, Mr. Lodwick. The witness may answer.
Defense: Now will you tell the court your finding?
A: Spermatogenesis was occurring at the time of death.
9) Q: In other words, the deceased in life, was not sterile? He could produce children?
A: That is correct.
10) Q: Now, Doctor, if a woman says that she has had intercourse with a certain man, and the man is proved fertile, even though no evidence is found in the woman's body, could a lawyer, say a prosecuting attorney, could he use this as evidence that the woman is lying?
Prosecution: Your Honor, I object to this line of questioning. We're not concerned here with whether or not there have been relations between a man and a woman.
Defense: Your honor, as long as an examination for spermatogenesis has been made, at least we're entitled to know why?
J: Overruled. You may answer.
A: Yes, Prosecution could use that, though it certainly would not be conclusive that she was lying.
11) Defense: Why not?
A: There could be several reasons why the test on her was negative. The use of a contraceptive, or possibly there was no completion on the part of the man.
12) Q: Now in this postmortem were you also asked to determine if the deceased had reached a sexual climax shortly before his death?
A: No sir.
13) Q: Could you have made such a determination?
A: Oh yes.
14) Q: So you were only asked to make such examination as would be useful to the prosecution and none that might help the defense?
Dancer: I object your honor. Question is argumentative. Counsel for the Defense is trying to impugn the intent of the representative of the people.
Judge: Mr. Biegler, you must be aware that the question is improper.
Defense: I withdraw the question and apologize.
15) Judge: The question and answer will be stricken, and the jury will disregard both the question and the answer.
Defense: That's all the questions I have.
Prosecution: No redirect. The people now call Lloyd Burke.
*************** [Direct of police photographer] ****************
Bailiff: Will the witness step forward please?
Defendant (Aside): How can the jury disregard what it already heard?
Defense: It can't.
16) Bailiff: You do solemnly swear that the testimony you shall give in this trial shall be the truth, the whole truth, and nothing but the truth so help you God?
Burke: I do.
Bailiff: Sit down, please.
17) Prosecution: Will you state your profession, please, Mr. Burke?
A: I 'm a commercial photographer.
18) Q: Were you called upon by the Police to take photographs of the body of the deceased Bernard Quill before and after he was removed from the scene?
A: Yes sir, I was.
19) Q: Were these photographs of the deceased made by you?
A: They were.
20) Q: The Reporter will please mark these photographs People's Exhibit 282D for identificaton. Photographs are tendered to the Defense for examination and the people move their admission as evidence. Your witness.
Defense: No Questions, no objections.
Mrs. Manion (aside): Paul, he took pictures of me that night, too
************ [cross] *****************
21) D: Just a minute Mr. Burke. These photographs offered as evidence, are they the only photographs you took that night?
A: No.
22) D: I suppose the others didn't turn out, is that it?
A: All my pictures turn out.
23) D: Well, of course. I beg your pardon. Did you give the other picture to the police?
A: Yes sir, I did.
24) D: Well, Mr. Burke, what were they? Were they side shots, or a shot of the moon perhaps, or a black bear scavenging the Thunder Bay dump?
Prosecution: Your honor, I object. The photographs in evidence were introduced to show that the deceased met with a violent death.
D: Your Honor, I should think any photograph pertaining to the case would be relevant
Judge: The point is good, Mr. Biegler. You may continue.
Defense: What were the photographs of, Mr. Burke?
A: Lieutenant Manion's wife.
25) Q: You mean these photographs show how she looked that night after Barney quill was killed
Dancer: Your Honor, how she looked was irrelevant. No evidence has been introduced to connect Mrs. Manion's appearance to the charge of murder.
Judge: Sustained.
26) D: I'm sorry, your Honor, I wanted to make sure that the prosecution wasn't withholding evidence
Prosecution: Now look here! I protest to the Defense Attorney's persistent attack on the motives of the Prosecution!
Judge: The Jury will disregard the remark made by the Attorney for the Defense. There's no reason to believe that the prosecution has not acted in good faith.
27) D: My apologies to the Prosecution and to the Court. But your Honor, as long as protests are being made, I'd like to make a protest myself. Now, I'm perfectly willing to take on these two legal giants anytime, anyplace, but in all fairness, it ought to be one at a time. I don't want these two fellows pitching knuckleballs to me at the same time.
J: It seems to me that you're batting close to .1000, Mr. Biegler, but your point is well taken. Whichever attorney opens with the witness, he alone shall continue with that witness until that witness is excused.
D: Thank you, your Honor, no more questions.
Prosecution: No questions
*********
Judge: Good morning, ladies and gentlemen. You may proceed.
28) Biegler: Your Honor, the defense notices a third person at the prosecution's table. We were wondering if the court shares our curiosity as to just who he is.
Prosecution: I was about to introduce him. Your Honor, this man is Dr. W. Gregory Harcourt. Dr. Harcourt is the People's psychiatrist in this case. We ask that Dr. Harcourt be allowed to sit at our table as an observer.
D: What are you gonna have him observe? The constellation of Taurus or the life and times of a bumblebee?
P: To observe the Defendant, of course.
D: Oh, oh, that's fine. The Defense has no objections, your Honor. I just wish to express my relief that the new recruit is not additional legal reinforcements from Lansing.
********* [direct of bartender] *************
Prosecution: Call Alphonse Paquette.
29) Bailiff: Raise your right hand please. You do solemnly swear that the testimony you are about to give in this cause will be the truth, the whole truth, and nothing but the truth, so help you God?
Paquette: I do.
Bailiff: Take your seat, please.
Prosecution: Would you state your name, please?
A: Alphonse Paquette.
30) Q: You work at the Thunder Bay Inn, don't you Mr. Paquette?
A: I'm a bartender there.
31) Q: Were you working on the night that Barney Quill was shot by Frederick Manion?
A: I was.
32) Q: Were you witness to the shooting?
A: I was.
33) Q: Will you tell is in your own words, please, what happened?
A: I was at a table by the door when Lieutenant Manion came in.
34) Q: Did you know Lieutenant Manion by sight and by name?
A: Yes sir.
Q: Go ahead.
A: Well, he came in, walked over to the bar, and began to shoot. He shot Barney when he came up to the bar and when Barney fell, he kept on shooting down at Barney behind the bar. Then he turned around and walked out.
35) Q: When Lieutenant Manion entered the bar, how did he appear to you?
A: Well, he walked slow, kind of deliberate, I guess you could say.
36) Q: Did he speak to Barney Quill?
A: Not a word. Just walked over and pulled out his gun, and bang.
37) Q: And then he walked out?
A: Yes.
38) Q: When he walked out, how did he appear to you?
A: Seemed just like he did when he walked in, like he was a mailman, delivering the mail.
39) Q: When Lieutenant Manion walked out of the bar, what did you do?
A: Well, it happened so fast, I guess I was stunned. Then I ran out after him.
40) Q: Did you find him outside?
A: Yes sir, he was walking away.
41) Q: Did you speak to him?
A: Yes sir, I said, "Lieutenant, you better not run away from this."
42) Q: Did he reply to you?
A: He said, "Do you want some too buster?"
43) Q: Was he pointing the gun at you?
A: Well, he was holding the gun in my direction, but the muzzle was low.
44) Q: When he said, "Do you want some too, buster," how was that expressed? Did he shout it? Was it hysterical? Was he hoarse? Did his voice tremble?
A: No sir, he just said it cool and hard, and looked right at me.
45) Q: Did he look to you, as far as you could tell, to be in complete possession of his faculties?
A: As far as I could tell.
************* [cross] ******************
46) Defense: Mr. Paquette, did you see Laura Manion, the wife of Lieutenant Manion, in the bar that night
Prosecution: Your Honor, there he goes again. This is immaterial and irrelevant.
D: Your Honor, I don't see what the prosecution's so jumpy about. I haven't gone anyplace yet.
J: Let's see where he's going before we start objecting, Mr. Lodwick. You may proceed, Mr. Biegler.
A: She was there
47) Q: Did Barney Quill leave the bar that night?
A: Yes.
48) Q: Do you remember when he returned?
A: I think he came back around midnight.
49) Q: From which entrance did he come? Did he come from the lobby entrance, or come from that outside entrance?
A: It was from the lobby.
50) Q: And how did he appear to you at that time?
A: How do you mean?
51) Q: Well, you understood the Prosecuting Attorney very well when he asked you that question about Lieutenant Manion's appearance.
A: Well, he was just ole Barney, like--
52) Q: Sober, reliable, gentle, salt-of-the-earth, friend-to-man Barney?
Prosecution: You honor, your honor, what kind of question is that?
53) D: I withdraw the question, Your Honor. Mr. Paquette, had Barney changed his clothes since he left the bar?
A: I don't remember.
54) Q: Might his clothing have been different when he returned? That is, might he have changed his clothes?
A: I couldn't say, I didn't notice.
55) Q: Was Barney drinking that night?
A: Well, he always had a few shots while he was talking to the customers. He was friendly.
56) Q: Oh, sure he was. He was good old Barney. Now how many shots would you say good old Barney usually had?
A: I don't know exactly.
57) Q: Wasn't he in fact pretty loaded that night, Mr. Paquette?
Prosecution: Objection, even if the deceased was dead drunk, it's no defense to this charge.
J: Sustained. I suggest you get off this, Mr. Biegler.
58) Q: Mr. Paquette, what would you call a man with an insatiable penchant for women?
A: A what?
Q: A penchant, a desire, a taste, passion.
A: A ladies man, I guess or maybe just a damn fool.
(laughter in court)
Judge: Just answer the questions, Mr. Paquette. The attorneys will provide the wisecracks.
59) Q: Well, what else would you all a man like that?
Prosecution: We can't see the drift of this, your Honor.
D: You mean you do see, Mr. Lodwick. Mr. Paquette?
J: You may answer.
Q: Can you think of another name, Mr. Paquette?
A: Woman chaser?
60) Q: Try again.
A: Masher?
61) Q: Oh, now, come now, Mr. Paquette, mashers went out with whale-bone corsets and hairnets. Did you ever hear the expression wolf?
A: Sure, I heard that. It just slipped my mind.
62) Q: It slipped your mind. Well, naturally it would, clanking around in there with all those rusty old mashers. Have you ever known a man whom you could call a wolf, Mr. Paquette?
A: I'm not sure.
63) Q: Was Barney Quill a wolf, Mr. Paquette?
A: I couldn't say.
64) Q: Or wouldn't?
Prosecution: Objection.
J: Sustained. The question was answered. He said he couldn't say.
65) Q: Mr. Paquette, when Barney returned from wherever he had gone, did he relieve you at the bar?
A: Yes sir.
66) Q: And what did he say to you when he relieved you?
A: He said, "I'll take over."
67) Q: And when you came out from behind the bar, where did you go?
A: I went over to the table where the Patterson's were sitting.
68) Q: Now you testified that you were by the door when Lieutenant Manion came in. Is that the reason you were by the door, because the Pattersons' table was there?
A: Yes.
69) Q: Uh-huh. And how long was it before Lieutenant Manion came in?
A: I don't know, exactly, maybe thirty minutes.
70) Q: And you remained at the Pattersons' table all that time?
A: Yes, they're friends of mine.
71) Q: Is there also a window beside that table?
A: I think so.
72) Q: You think so. How long have you worked at the Thunder Bay Inn, Mr. Paquette?
A: Six or seven years.
73) Q: Well now, does this window by the table, does it suddenly vanish and reappear and come and go in a ghostly fashion?
A: It's there all the time.
74) Q: And while you were talking to your friends there, did you happen to look out of the window?
A: I might have.
75) Q: And when you looked out of the window were you looking for something special?
A: No, I wasn't looking for anything.
76) Q: Didn't Barney Quill tell you to go over to that window and look out for Lieutenant Manion? Did he tell you to look out for Lieutenant Manion?
A: He did not.
77) Q: Mr. Paquette, Barney was quite a marksman, wasn't he? With guns? He'd won a lot of prizes for shooting, hadn't he?
A: Yes.
78) Q: Did he keep any guns behind the bar?
A: He might have.
79) Q: Isn't it a fact that there are three concealed pistol racks behind the bar, Mr. Paquette?
Prosecution: Your honor, the Defendant's plea is one of insanity, not self-defense.
Judge: I'm sure Mr. Biegler hasn't forgotten that fact, Mr. Lodwick. You may answer.
Q: Are there concealed gun racks behind the bar?
A: Yes.
80) Q: And how many people know about these gun racks?
A: I couldn't say.
81) Q: Now, isn't it a fact that once in a while Barney would take the guns out of these racks and twirling them on his finger, he'd demonstrate his skill to the patrons, isn't that...
A: I don't remember.
82) Q: Oh, now come on. Try and remember. Didn't you ever see him do that yourself?
A: Once or twice he did.
83) Q: That's all, Mr. Paquette. No further questions.
Judge: Witness may step down.
************ [caretaker at Trailer Park] ***************
Prosecution: Will you state your name, please?
A: George Lemon.
84) Q: What kind of work do you do, Mr. Lemon?
A: I'm caretaker of the tourist park at Thunder Bay. I see the place is clean and orderly. I check people in, check 'em out, and lock the gate at night.
85) Q: And what is your authority for these duties?
A: I'm payed by Masselin Township, and I'm also a deputy sheriff, just courtesy, sort of.
86) Q: Did you see Lieutenant Manion on the night of the 15th, the night Barney Quill was killed?
A: Yes sir.
87) Q: Will you tell the court about how and when you saw Lieutenant Manion?
A: About 1 a.m., a knock on my door wakes me up. I went to the door and Lieutenant Manion was standing there. He said, "You better take me, Mr. Lemon, because I just shot Barney Quill." I told him to go back to his trailer and that I would call the State Police.
88) Q: How did Lieutenant Manion appear to you when he asked you to take him?
A: He said what he had to say and did what I told him. There wasn't any fuss.
89) Q: Did he appear to be, as far as you could tell, in complete possession of his faculties?
A: As far as I could tell, yes sir.
********** [cross] ***************
90) Defense: Mr. Lemon, did you go to the Manion's trailer?
A: Yes sir.
91) Q: Did you see Mrs. Manion at the trailer?
A: Yes sir.
92) Q: What was her appearance?
A: She was a mess.
Prosecution: Objection, no evidence has been introduced to make Mrs. Manion's appearance relevant to this case
Defense: Well, no evidence has been introduced to make Barney Quill's appearance relevant, but you didn't object to the question then. Is that because you know that Barney Quill bathed and changed and cooled off after he raped and beat hell out of this poor woman?
Prosecution: Your Honor, everybody in this court is being tried except Frederick Manion I must protest--
Defense: Now listen, this is a cross examination in a murder case, not a high-school debate. What are you and Dancer trying to do, railroad this soldier into the klink?
Judge: Mr. Biegler, you are an experienced attorney, and you know better than to make such an outburst. I will not tolerate intemperance of this sort. If you once again try the patience of this court, I shall hold you in contempt.
Defense: Your Honor, I apologize, it won't happen again.
Judge: The witness' answer will be stricken and the jury will disregard the answer. Now you may proceed, Mr. Biegler.
93) Defense: Mr. Lemon, on the night when Lieutenant Manion awakened you and turned himself in, had you been awakened before, had anything else disturbed your slumbers?
A: No sir.
94) Q: There were no soldiers singing?
A: No sir, not in my park after 10 o'clock.
95) Q: There were no women screaming?
A: Well, those screams were down by the gate.
Prosecution: Objection, objection--
J: I see no reason for objecting yet, Mr. Lodwick.
96) Defense: Tell us about those screams, Mr. Lemon.
A: I didn't hear 'em myself. There were some tourists in the park from Ohio, and they told me about them the next day.
J: Now, Mr. Lodwick.
Prosecution: This testimony is incompetent hearsay, irrelevant, immaterial, inconclusive-
Defense: Well, that's too much for me. The witness is yours.
Prosecution: Uh, no questions.
******** [direct of detective] ******************
97) Prosecution: State your name and occupation please
A: Detective Sergeant James Dirgo, State Police.
98) Q: Were you called to Thunder Bay by Deputy Sheriff Lemon of Thunder Bay on the night that Barney Quill was shot and killed?
A: Yes sir, I was. My companion officer and I were the first to be called in on the case.
99) Q: Sergeant Dirgo, when you arrived at the Manion trailer, who was there?
A: Lieutenant Manion and his wife were there.
100) Q: What did Lieutenant Manion say to you?
A: He said that his wife had had some trouble with Barney Quill; that he had gone to the tavern and shot Quill. He asked us whether Quill was dead or not. We told him he was.
101) Q: How did Lieutenant Manion take this information?
A: He didn't seem surprised.
102) Q: What did you do then, Sergeant Dirgo?
A: I asked for the gun he'd used.
103) Q: Did you take Lieutenant Manion down to the county Jail here in Iron City that same night?
A: Yes sir, we drove the Lieutenant down with his wife.
104) Q: On the drive to Iron City, did the Lieutenant talk further about the shooting?
A: He remarked that if he had the whole thing to do over again, he'd still do it.
105) Q: During all this at the trailer, the drive to Iron City, how did Lieutenant Manion appear to you?
A: He was very quiet, most of the time, seemed clearheaded.
106) Q: As far as you could tell, would you say that he was in complete possession of his faculties?
A: Seemed so to me.
************ [ cross ] **************
107) Defense: Sergeant Dirgo, you testified that Lieutenant Manion told you that he shot Barney Quill after he learned that his wife had had "some trouble" with Quill. Now were these the words Lt. Manion used, "Some trouble?"
A: No sir, those were my words, not his.
108) Q: And was it your notion to come here and use your own words?
A: No sir, it was not.
109) Q: And was the suggestion to call it "some trouble" made by somebody here in this courtroom?
A: Yes sir, it was.
110) Q: All right Sergeant, now would you tell the court what words Lieutenant Manion actually used to describe the trouble his wife had had?
Prosecution: Objection, your Honor. We've been over this before. This information would not be relevant to any issues before the court.
Defense: Now this statement concerning some trouble was brought out during the direct examination of Sergeant Dirgo. Up to now, you've adroitly restricted all testimony as far as Laura Manion's concerned, all right the cat's out of the bag, it's fair game for me to chase it.
Judge: This is a sore point, Mr. Biegler, and it's getting sorer. I'd like to hear from the Prosecution.
Prosecution: The burden is on the defense to prove temporary insanity at the time of the shooting. Now if the reason for the alleged insanity is important to this case, then that is a matter for a competent witness, an expert on the subject of the human mind. What the defense is trying to do is introduce some sensational material for the purposes of obscuring the real issues.
Defense: Your honor, how can the jury accurately estimate the testimony being given here unless they first know the reason behind this whole trial--why Lieutenant Manion shot Barney Quill. Now the Prosecution would like to separate the motive from the act. Well, that's like trying to take the core from an apple without breaking the skin. The core of our defense is that the defendant's temporary insanity was triggered by this so-called trouble with Quill, and I beg the court, I beg the court to let me cut into the apple.
P: Our objection still stands, your Honor.
J: Objection overruled.
111) Defense: Sergeant Dirgo, tell the court how Lieutenant Manion described the trouble his wife had with Barney Quill.
A: He told us that Quill had raped his wife.
112) Q: Now can you recall generally what Lieutenant Manion told you about this rape?
A: Yes sir. He said he'd been asleep since right after dinner. He was waked up by some noise--screams, he thought, he got up, opened the trailer door, and went outside. His wife came running out of the dark and fell into his arms.
113) Q: You saw his wife in the trailer. How'd she look?
A: She was a little hysterical She'd been pretty badly beaten up. She had big black bruises over her face and her arms.
114) Q: Did Mrs. Manion tell you about this rape and beating?
A: She did.
115) Q: And did she take you to the place where it happened?
A: Yes sir, the next morning.
116) Q: And did you find anything there--any kind of evidence pertaining to the story Mrs. Manion had told you?
A: On the lane in the woods, we found some tire tracks and some dog tracks, and a leather case with some horn rim glasses inside. We also looked for a certain undergarment of Mrs. Manion's, but we didn't find it.
Judge: Will the attorneys for both sides approach the bench, please? .... Mr. Biegler, you finally got your rape into the case. And I think all of the details should now be made clear to the jury. Do you agree, Mr. Lodwick?
Prosecutor: Absolutely.
Judge: What exactly was the undergarment just referred to?
Defense: Panties, your honor.
J: Do you expect this subject to come up again?
D: Yes sir.
J: There's a certain light connotation attached to the word panties. Can we find another name for them?
Prosecution: I never heard my wife call them anything else.
J: Mr. Biegler?
D: I'm a bachelor, your Honor.
J: That's a great help. Mr. Dancer?
Dancer: I was overseas during the war, your Honor. I learned a French word. I'm afraid it might be slightly suggestive.
J: Most French words are. All right gentlemen, back to your places. (to the rest of the court) For the benefit of the jury, but more especially for the spectators, the undergarment referred to in the testimony was, to be exact, Mrs. Manion's panties. (laughter in the court) I wanted you to get your snickering over and done with. This pair of panties will be mentioned again in the course of this trial, and when it happens, there will not be one laugh, one snicker, one giggle, or even one smirk in my courtroom. There isn't anything comic about a pair of panties which figure in the violent death of one man and the possible incarceration of another. Proceed, Mr. Biegler.
117) Q: Did you give Mrs. Manion a lie-detector test?
Prosecution: Objection. A polygraph test is inadmissible in our courts.
D: I only asked if he gave the test, I didn't ask for the results.
J: He may answer that.
A: I gave her a lie detector test at her request.
118) Q: Now after all this investigation, did you believe Mrs. Manion?
A: I did.
119) Q: Even after the lie detector test?
Prosecution: Your Honor, I object to that question. It constitutes flagrant sneaking subterfuge on the part of the Defense counsel.
Judge: Objection sustained. Ladies and gentlemen of the jury, a polygraph or lie detector test is not admissible into evidence, because nobody has ever been quite sure if some people couldn't lie to a lie detector and get away with it. Go ahead, Mr. Biegler.
120) Q: In any case, Sergeant Dirgo, you yourself in your own heart and mind are quite convinced of Mrs. Manion's honesty?
A: Yes sir.
Q: That's all.
*************** (redirect) ************
121) Prosecution: Just a moment. Sergeant Dirgo, did you look for the panties elsewhere than the lane in the woods?
A: We looked in Barney Quill's car, and his room at the hotel. We didn't find the panties.
122) Q: Do you know why Mrs. Mannion requested a lie detector test?
A: I know what she said.
123) Q: What was that?
A: She said she wanted everybody to believe her story, because she knew it would help her husband.
124) Q: Was that the only reason she gave?
A: She said she'd already sworn to her husband, she wanted everybody else to believe her too.
Dancer: One moment please, your Honor. (aside to Prosecutor) Ask him in what manner she swore.
125) Q: Did Mrs. Manion say how she'd sworn to your husband?
A: Yes sir, she said she'd sworn on a rosary.
126) Q: Sergeant, this lane in the woods, what's it used for? Where does it go?
A: It used to be a logging road. It doesn't go anyplace. It just stops.
127) Q: Who uses it now?
A: It's a road kids drive down to park.
128) Q: You mean, it's a lover's lane?
A: I think so, yes sir.
129) Q: The witness is yours, Mr. Biegler.
Dancer: In view of the evidence concerning rape, which your Honor has ruled admissible, the prosecution asks for a thirty minute recess in order that we may bring in a witness whom we had not anticipated using.
J: All right, we'll take a thirty minute recess.
*********** [direct of doctor] ****************
130) Dancer: Doctor Dompierre, did you have occasion to come to the county jail on the night of August the 15th of this year?
A: I did.
131) Q: Who called you to the jail?
A: The police authorities.
132) Q: What did they want you to do?
A: They wanted me to make a test for the presence of sperm on the person of a Mrs. Frederick Manion. I made the test.
133) Q: In making this test, what was your conclusion?
A: Negative, there was none.
********* [cross[ **************
134) Defense: Doctor, in making these tests, did you notice any bruises or marks on Mrs. Manion at that time?
A: I did.
135) Q: Were you asked to determine the reasons for these bruises?
A: I was not.
136) Q: Where did you do the laboratory work in your test for sperm?
A: St. Margaret's Hospital in this city.
137) Q: Who worked up the slides for you?
A: Technicians at the hospital.
138) Q: Well, wouldn't it have been better to have the slides worked up by a pathologist or an expert in this field?
A: Yes, but the police were in a hurry, and I happened to know that this young fellow came on at 7 in the morning.
139) Q: Wouldn't it have been especially better to wait for the expert if the possible question of rape hung on the result?
A: It would have been.
140) Q: Now Doctor, in the newspaper on the evening of August the 16th it was stated that you found no evidence of rape. Is that true?
A: It is not true. I made no such statement.
141) Q: But did you form an opinion as to whether Mrs. Manion had been raped?
A: No.
142) Q: Why didn't you form an opinion?
A: It's impossible to tell if a mature, married woman has been raped.
************* [redirect] *****************
143) Dancer: Doctor, did you have an opinion about whether or not she'd had any recent relations with a man?
A: In so far as no sperm was present it didn't appear that she had had recent relations with a man.
*********** [recross] ****************
144) Defense: Just one more question Doctor. The fact that no evidence was present in her body does not mean that she was not raped, does it?
A: No.
145) Q: Do you know what constitutes rape under the law?
A: Yes sir. Violation is sufficient for rape. There need not be a completion.
*********** [direct of bartender, re-called]
146) Dancer: The people recall Alphonse Paquette to the stand. Your Honor, since Counsel for the Defense has forced the question of rape, it becomes necessary to take this additional testimony from Mr. Paquette.
J: You're still under oath, Mr. Paquette.
147) Q: Mr. Paquette, would you take a look at Mrs. Manion seated there behind the defense table? Was she dressed in this manner on the night of the shooting?
A: No.
148) Q: How was she dressed?
A: She had on a real tight skirt and sweater kind of thing, sort of glued on. She was wearing a pair of red shoes with high heels.
149) Q: Was she wearing hose?
A: No, she was bare-legged.
150) Q: Was she wearing a hat?
A: No.
151) Q: Mr. Paquette, what kind of hair does Mrs. Manion have under that hat?
Defense: Well, we'd be very happy to show the court Mrs. Manion's hair. Mrs. Manion would you take off your hat please?
152) Q: Thank you, Mr. Biegler. Mr. Paquette, was she wearing glasses that night?
A: I think she was when she played pinball.
153) Q: Considering the tight skirt and the tight sweater and the bare legs, what was the result in her appearance?
A: Well….
Q: Would you say Mrs. Manion's was deliberately enticing and voluptuous?
Defense: Your Honor, the Defense will concede that Mrs. Manion, when dressed informally, Mrs. Manion is an astonishingly beautiful woman. Well, Mrs. Manion, stand up please, as a matter of fact--take off your glasses--as a matter of fact, it's pretty easy to understand why her husband became temporarily deranged when he saw such beauty bruised and torn by a beast.
Dancer: Your Honor, I protest. Mr. Biegler is perhaps the least disciplined and most completely out of order attorney I have ever seen in a courtroom.
A: The jury will ignore Mr. Biegler's oration
154) Q: Was Mrs. Manion drinking heavily that night?
A: I sold her six drinks myself, and then Barney came over and got some more for her. I don't remember how many.
155) Q: Would you say that she was tight?
A: Oh, she was high, all right.
156) Q: What did she do to make you think she was high?
A: Well, she took off her shoes and went barefooted, and when she played pinball she'd kind of swish around to give the machine English.
157) Q: You mean, she was flipping her hips around?
A: Yeah.
158) Q: Anything else?
A: When she made a good score, she jumped up and down and squealed like women do.
159) Q: She was playing pinball with Barney Quill that night, wasn't she?
A: Yes sir.
160) Q: What was her attitude towards Barney Quill?
A: Friendly, I guess you could call it.
161) Q: More than friendly, would you say?
A: I thought so.
162) Q: Why did you think so?
A: She'd kind of lean on him, and a couple of times she bumped him with her hip.
163) Q: Would you say that Mrs. Manion was making a play for Barney Quill?
Defense: Objection. That calls for an assumption on the part of the witness, your Honor.
164) Q: I withdraw the question. Would you say that Mrs. Manion was free and easy with Barney Quill?
A: I would.
************ [cross] *********************
165) Defense: Mr. Paquette, the Attorney for the People asked you if Mrs. Manion was tight, and you said that she was high. Now, speaking as a bartender, what's the distinction between the two?
A: I don't think I understand.
166) Q: Well, I mean, when we say that a person's tight, we usually mean that they're a little stupid with drink, isn't that so?
A: I guess that's about it, yes.
167) Q: And if they're high they're gay and enjoying themselves?
A: Yes.
168) Q: In other words, Mrs. Manion was happy. Well, now, is there anything wrong with being happy in Thunder Bay Inn?
A: No.
169) Q: Thunder Bay itself is a resort isn't it? Swimming, fishing, that sort of thing?
A: Yes.
170) Q: Is there anything unusual about seeing a barefooted woman in Thunder Bay?
A: No.
171) Q: So Mrs. Manion's taking her shoes off in Thunder Bay doesn't necessarily mean that she was being unladylike, does it?
A: I guess not.
172) Q: Yes or no?
A: No.
173) Q: Now you testified that Mrs. Manion was squealing and jumping up and down. And swishing--I think that was the expression you used--swishing her hips around the pinball machine. Now was she creating a disturbance, was she attracting a crowd?
A: No.
174) Q: Were all the men at the bar, were they all standing around watching Mrs. Manion?
A: No.
175) Q: But you were very conscious of Mrs. Manion. You were conscious enough so that you could tell us all about her actions.
A: Yes.
176) Q: And certainly Barney Quill, he was conscious of Mrs. Manion, because he was playing pinball with Mrs. Manion, wouldn't you say so?
A: Yes.
177) Q: So it seems that only you and Barney Quill were acutely aware of Mrs. Manion and her actions and her appearance maybe good old Barney he when he came up to get a couple of drinks from you, maybe he winked and said, "Alphonse, I'm going to take this babe out and rape her" and maybe you said, "Do it once for me, boss!"
Prosecution: Objection! Objection!
Defense: No more questions!
Judge: The court has had about enough of this dogfight it can take for the day. And I'm sure the jury is equally tired and hungry. And with expedition, prayer, and a little self-discipline on the part of Counsel, perhaps we can reach an end by Saturday night. Will you adjourn court?
Bailiff: Hear ye, hear ye, hear ye, this court stands adjourned until tomorrow morning, 9 o'clock.
*************** [direct of Manion] ************
178) Defense: All right, now let's get at this Rosary thing. Now, it has been testified that your wife swore to you on a rosary that she'd been raped by Barney Quill. Now did you ask your wife to swear on a Rosary?
Lieutenant Manion: My wife was hysterical she wasn't making much sense. I thought that if I asked her to swear an oath on a rosary, it might serve to calm her, make her think more clearly
179) Q: Did the Rosary help
A: She was able to tell me in detail what had happened.
180) Q: All right, go on from there. What did you do then, Lieutenant?
A: Well I had her lie on the bed, and I got some cold cloths for her head. And, oh yes, I gave her a drink of brandy. After a while, she became calm, and seemed to go to sleep. And I went to the closet. I got my gun and I loaded it.
181) Q: Was it in your mind to kill Barney Quill?
A: No.
182) Q: Well, then why'd you go to your closet, and get your gun and load it?
A: Well, I knew I had to go to Quill's place, I thought I might need it.
183) Q: Why?
A: I knew Mr. Quill kept guns behind the bar. I was afraid he might shoot me.
184) Q: Might shoot you if you did what? What were you going to do?
A: I'm not sure. I remember having some idea of finding him and holding him while I called the police.
185) Q: Well, that, that, Mr. What's his name Mr. Lemon right at the tourist court there, he was a deputy sheriff, why didn't you get him to go with you?
A: He just seemed to be the old caretaker of the park. Maybe because I wasn't thinking about anything too clearly excepting finding Barney Quill.
186) Q: Why didn't you go to a telephone, call the State Police before you went to the bar?
A: I don't know. I was in sort of a daze. It was a horrible thing to see what had been done to my wife.
187) Q: Now, you say that you were in sort of a daze. When you got to the bar, did you see that the bar was crowded.
A: I didn't see anybody at the bar except Barney Quill. He was the only person I saw.
188) Q: What was he doing?
A: I think he was just standing there behind the bar.
189) Q: Did he make a threatening move to get a gun.
A: I don't know. He may have. I don't know.
190) Q: All right. Now, you say you went there to find him, hold him. Why did you shoot him?
A: I don't remember shooting him.
191) Q: Now when you left the bar, do you remember Alphonse Paquette coming up to you and stopping you and saying, "You better not run away from this," and your reply, "Do you want some too buster." Remember that?
A: I seem to have a vague recollection of somebody speaking to me, but I don't remember what I said or what was said to me.
192) Q: When did you realize that you'd shot Quill?
A: I was getting a drink of water, I remember my throat was so dry it hurt. When I put the glass down, I saw the gun on the kitchen sink beside the tap. I noticed the gun was empty.
193) Q: Now, I'd like you to show the court and jury just how you knew this gun was empty.
A: Well, this gadget here, when it sticks up, you know the last round's been fired.
194) Q: Lieutenant Manion, on the night of the shooting, did you love your wife?
A: Yes sir.
195) Q: Do you still love her?
A: Very much.
************** [cross of Manion] *************
196) Dancer: How many men have you killed?
Defense: Now wait a minute. Your Honor. a man's war record, in Lieutenant Manion's case, a great one, certainly shouldn't be used against him.
Dancer: Your Honor, I'm as patriotic as the next man, but the simple truth is war can condition a man to killing other men. I simply want to determine how conditioned the Lieutenant may be to the use of firearms on other human beings
Judge: I don't quite like the question, Mr. Biegler, but I don't see how I can exclude it. Let him answer.
A: I know I killed at least four men in Korea, three with a hand grenade, and one with my service automatic. I may have killed others. A soldier doesn't always know.
197) Q: Now, Lieutenant, in these acts of killing, did you ever have a lapse of memory such as you had when you killed Barney Quill?
A: No sir.
198) Q: Did you ever have a lapse of memory during battle?
A: No sir.
199) Q: Were you ever submitted to a constant barrage, constantly in a sweat for many hours, constantly under attack or attacking?
A: Many times.
200) Q: Were you ever treated for shellshock, battle fatigue, or any war neuroses or psychoses?
A: No sir.
201) Q: Did you ever experience any unusual mental state during the war?
A: I do remember having one great urge.
202) Q: What was that?
A: To get the hell out and go home.
Judge: You would do well to consider the seriousness of the situation you are in.
A: I'm sorry, your Honor.
203) Q: I sympathize with the lieutenant. I suspect he has the same feeling about getting out of jail. But the main point here, Lieutenant, is that at no time during your war service did you have a record of mental disturbance. You were always in complete possession of your faculties
A: Yes sir, that's right.
************* [direct of Laura] ****************
Defense: No redirect. We call Laura Manion to the stand.
204) Defense: Now how long after you told your husband what had happened did he leave the trailer?
A: I don't know exactly. Everything was kind of fuzzy. I was faint, and I lay down on the bed. He sat beside me. I vaguely remember his getting up and going out. I remember wondering if he was going for a doctor, and then he came back in. It seemed like just a few seconds, but it must have been longer. I must have gone to sleep. When he came back in he sat on the bed and he had a gun in his hand and I said, "What are you going to do?" and he said, "I think I've already done it. I think I've killed Barney Quill."
205) Q: Are you sure he didn't say, I killed Barney Quill?
A: No, I remember distinctly. "I think I killed Barney Quill."
206) Q: Then what did you do?
A: I put my arms around him, and began to cry and I said, "You'd better go to Mr. Lemon." And my husband said, "I'd forgot about that."
207) Q: Now, what did he mean? Forgot about what?
A: Well, he meant that he'd forgotten that Mr. Lemon was a deputy Sheriff, and he said, "Yes, I'll go turn myself in to Mr. Lemon."
208) Defense:: Yes, I see. Your Honor, I have no other direct questions at this time. But since I'm sure it's difficult to visualize the part a little dog played on this night, I should like a few minutes to show the court this remarkable little animal.
Judge: Any objections?
Dancer: I'm sure if we raise an objection, Your Honor, Mr. Biegler will declare that we are haters of all small furry animals.
Judge: A creature that cannot talk will be a welcome relief. Bring in the dog.
Defense: Will the deputy bring in the dog, please? You can put him right there. C'mon, c'mon, c'mon, c'mon, c'mon, c'mon. That's a boy. Now, I'll ask Mrs. Manion to bring a flashlight for the dog. Now I'll ask the court to notice that the dog turned on the light.
(Dog jumps into Dancer's lap -- laughter)
Defense: Well it's easy to see that the mutt doesn't know who his enemies are.
Judge: That's enough. Remove the dog please. Witness will resume the stand.
************* [cross] **************
209) Dancer: Mrs. Manion, may I congratulate you on your well-trained pet? May I also say that I'm pleased to see you're not today hiding your lovely hair under a hat?
Defense: Your Honor, is the assistant Attorney General from Lansing pitching woo, or is he going to cross-examine?
Judge: Let's get on with it.
210) Dancer: What was your occupation before you were married?
A: Housewife.
211) Q: Oh then you've been married before?
A: Yes, once.
212) Q: I suppose your first husband died?
A: No.
213) Q: Did you divorce your first husband to marry Lieutenant Manion?
Obj: Your Honor, if Counsel wants to know the grounds for Mrs. Manion's divorce, then let him ask that question.
Q: What were the grounds for divorce, Mrs. Manion?
A: Mental cruelty.
214) Q: Naturally. And how long after your divorce was it that you married Lieutenant Manion?
A: I'm not sure.
215) Defense: May I refresh the witness's memory for Mr. Dancer?
Judge: By all means.
Defense: I believe she told me they were married three days after the divorce.
216) Q: Thank you, Mr. Biegler. Is that correct, Mrs. Manion?
A: Yes.
217) Q: Then unless yours was a whirlwind courtship, you must have known Lieutenant Manion before your divorce? Did you?
A: Yes
218) Q: Mrs. Manion, what is your religious affiliation?
A: I'm a Catholic.
219) Q: Catholic in good standing?
A: Well, no, the divorce, you know.
220) Q: You mean you were excommunicated because of the divorce and the remarriage?
A: Yes.
221) Q: Mrs. Manion, wouldn't you say that a Catholic who can blithely ignore one of the cardinal rules of her church, could also easily ignore an oath taken on one of its artifacts? Say, an oath taken on a rosary?
A: I don't think that's true
222) Q: Wouldn't you think that there would be some doubt about the in integrity of such a person?
A: I don't know. All I know is that the rosary mean something to me.
223) Q: I see. Well, I'll pass on to something else. Mrs. Manion, you testified that your husband came home late form his work on the night of the shooting. Were you a little angry about his being late?
A: I guess I was a little put out
224) Q: Did you have an argument?
A: Not much. A little.
225) Q: When you left the trailer to go to the inn, did your husband know you were going?
A: He was asleep.
226) Q: Was part of your reason for going without his knowledge because you were vexed?
A: Well, I'd been ironing all day, and I--Yes, I guess that's true.
227) Defense: Your Honor, the Counsellor is deliberately cut off my view of the witness.
Q: I'm sorry, Mr. Biegler. I wouldn't want to interfere with your signals to Mrs. Manion.
Defense: Well, I object to the implication I was signaling the witness. This is the shabbiest courtroom trick I've ever seen.
Dancer: You haven't lived, Mr. Biegler
Defense: Your Honor, I ask the court to rule on my objection.
Judge: Mr. Dancer will be careful not to place yourself between Mr. Biegler and his witness.
Dancer: Of course, your Honor. Anything else, Mr. Biegler?
Defense: You do it once more, and I'll punch you all the way out into the middle of Lake Superior.
Judge: Gentlemen, gentlemen, this rowing has got to stop. The next one of you who speaks out of turn will have me to deal with. Now, get on with your cross-examination.
228) Q: Prosecution: Would you have gone to the inn if your husband had been awake?
A: He probably would have gone with me.
229) Q: But would you have gone alone?
A: Not if he didn't want me to.
230) Q: Would he have not wanted you to?
A: I'm not sure. I don't know how to answer that.
231) Q: Have you ever gone Thunder Bay Inn or elsewhere in Thunder Bay alone at night?
A: Yes, sometimes.
232) Q: Did your husband know you were going?
A: Not always. He goes to sleep early and sometimes I'm restless.
233) Q: Where did you go on these occasions?
A: Oh, I'd take a walk by the lake or went to the bingo place, maybe to the Inn.
234) Q: Ever go to meet another man?
A: No I didn't, I never did that.
235) Q: You mean to say Mrs. Manion, a lovely woman like yourself, attracted to men, lonely, restless, that you never once--
Defense: Objection, your Honor. Witness has answered the question about other men. Counsel is now making a veiled suggestion to the jury.
236) Q: I withdraw the question. Now, Mrs. Manion, on these occasional excursions into the night did you always go and return home alone?
A: Of course.
237) Q: Mrs. Manion, you testified that the reason you got into Barney Quill's car was because you were afraid to go home alone. Why were you so frightened on this particular night?
A: I said that it was because he told me bears had been seen around.
238) Q: Was this the first time you'd heard that bears came around Thunder Bay to pick up scraps
A: No.
239) Q: Had you seen the bears before?
A: Yes.
240) Q: Oh, this was just the first time you were afraid of them?
A: No, I was always afraid of them.
241) Q: Oh, this was just the first time you were not afraid to allow a man to take you home from one of your evening prowls?
Defense: Objection. Use of the word prowls meant to mislead the jury.
Judge: Sustained.
242) Q: I apologize, Mrs. Manion. I didn't mean to imply that you were a huntress. Was this the first time that you were not afraid to allow a man to take you home from one of your evening walks?
A: Well, it wasn't just that, it was--
243) Q: Oh, come now, Mrs. Manion, you should be able to answer that straight off. That's a simple enough question.
Defense: Your Honor, how can the witness answer straight off if the Counsel keeps interrupting the answer?
Judge: The witness seemed a little slow to me, Mr. Biegler. However, let her complete her answers before you interrupt.
244) Q: Of course, your Honor. In any case, Mr. Biegler's objection has given Mrs. Manion sufficient time to think of an answer to my question You've thought of one, haven't you Mrs. Manion?
A: What I was going to say was, I didn't want to offend Mr. Quill by making him think that I was afraid of him or didn't like him. He'd been very pleasant to my husband and me when we'd been in his bar.
245) Q: That's very good, Mrs. Manion, very good indeed.
Defense: Your Honor, please.
Judge: The Attorney for the People will reserve his comments for the arguments.
246) Q: I will ask you this question, Mrs. Manion. Was this the first time you had been in Barney Quill's car at night?
Judge: Mrs. Manion, did you hear the question?
A: Yes, I heard. Yes, it was the first time.
247) Q: Would you raise your voice a little, Mrs. Manion?
A: I said it was the first time.
248) Q: Now, Mrs. Manion, I'm quite concerned about the lost panties. Would you describe this article of clothing to the court, please?
A: They were nylon and had lace up the sides and there was a label in them of the place I got them. The smart shop in pheonix arizona
249) Q: What was the color of the panties?
A: I believe white.
250) Q: You believe?
A: I have white and pink. They may have been pink.
251) Q: You're not sure. Haven't you checked your lingerie to see which pair of panties is missing?
A: No.
252) Q: When your husband came home late for work and you had this little spat, were you already dressed to go out?
A: No.
253) Q: When did you dress?
A: After dinner when he was asleep.
254) Q: It's stated here that you were bare-legged in the bar. Is that true?
A: Yes.
255) Q: In your anger at your husband and your haste to get out of the trailer, perhaps you didn't put on any panties either.
Defense: Objection. Witness has already testified as to what she was wearing.
Judge: Sustained.
256) Q: You always wear panties, Mrs. Manion?
Defense: Now, your Honor, I object to this line of questioning. It's immaterial what Ms. Manion does all the time. On the night she was attacked she was wearing panties, and that's all we're concerned about.
Q: Your Honor, Mrs. Manion seems a little bit uncertain about what kind of panties she was wearing and since these panties have not been found, I submit that it's possible she wasn't wearing any and has forgotten about it, that's all I'm trying to get at.
Judge: You may answer, Mrs. Manion.
257) Q: Do you always wear panties?
A: No.
258) Q: On what occasions don't you wear them? When you go out alone at night?
Defense: Oh no no, objection. He says he's going after one thing, and then he goes after another.
Judge: I'll sustain the objection. Strike out the last two questions and Mrs. Manion's answers. Now, Mr Dancer, get off the panties. You've done enough damage.
259) Q: Yes, your Honor. Mrs. Manion, is your husband a jealous man?
A: He loves me.
260) Q: I'm sure of that, but is your husband excessively jealous?
Defense: Your Honor, how can the witness answer that question? What's the norm of jealousy?
Judge: Can you put your question a little differently, Mr. Dancer?
261) Q: Has your husband ever struck you in a jealous rage?
Defense: No, your Honor, I think Mr. dancer is fishing now. What's the relevancy of this question?
Dancer: Your Honor, the shoe is squeezing Mr. Biegler's foot. In his own words, this is not a high school debate, this a cross-examination in a murder trial.
Judge: Proceed, Mr. Dancer.
262) Q: Mrs. Manion, did you ever go out socially in Thunder Bay?
A: Yes, a few times.
263) Q: When your husband's outfit moved to Thunder Bay, didn't Barney Quill throw a cocktail party for the officers and their wives?
A: Yes.
264) Q: Didn't your husband strike a young second lieutenant at this party?
A: There was a little scuffle. It wasn't much
265) Q: What was it about?
A: I'm not sure I remember.
266) Q: Were you too drunk to remember?
A: No, I was not. I think it was because the Lieutenant was cutting in too much when I was dancing with my husband.
267) Q: And shortly afterwards, on the veranda of the Inn, didn't your husband slap you hard enough so that you fell against the wall?
A: Well, he was drinking.
268) Q: Wasn't this a jealous rage?
A: I don't know.
269) Q: Do you remember why he struck you?
A: Yes.
270) Q: Wasn't he enraged at you because he thought that you had encouraged this young lieutenant?
A: He might have thought so.
271) Q: Mrs. Manion, there are witnesses to this whole affair. I'll ask you again, wasn't this a jealous rage?
A: I guess you could call it that
272) Q: Now I'll ask you. On the night of the shooting, what did you swear? What oath did you take on the rosary?
A: It was about Barney Quill raping me.
273) Q: Why did you swear on a rosary that he'd raped you?
A: For the reason that my husband said, because I was hysterical.
274) Q: That was the reason he gave for asking you to swear. What was your reason for swearing?
A: So he'd believe me.
275) Q: Why shouldn't he believe you?
Defense: The reason for the use of the Rosary has been established. These questions are immaterial.
Judge: No, I think I'll take the answer, Mr. Biegler
276) Q: I'll ask you again, Mrs. Manion, why shouldn't he believe you
A: Because I wasn't making much sense
277) Q: Did he think you'd lie about a thing like that?
Defense: Objection your Honor, Lieutenant Manion has already testified as to what he thought.
Judge: Sustained.
278) Q: Did your husband strike you that night? Did he hit you that night?
A: Why, he may have slapped me, because I was hysterical.
279) Q: And didn't you swear to a lie to keep him from hitting you again?
A: No, no, I didn't. I did not.
280) Q: And hadn't he already beaten you up at the gate when he caught you coming home from a trip down lover's lane with Barney Quill?
Defense: Objection, objection, the witness has already testified that she was beaten by Barney Quill
Judge: Quiet, quiet.
********** [direct, psychiatrist] **************
281) Defense: Doctor, have you formed an opinion as to Frederick Manion's mental and emotional state at the time he killed Barney Quill?
A: I have.
282) Q: And what is that opinion?
A: He was temporarily insane at the time of the shooting.
283) Q: At the time of the shooting, do you believe he was able to distinguish between right and wrong?
A: He may or may not have been, it doesn't make too much difference.
284) Q: Now doctor, as clearly as you can, will you explain Frederick Manion's temporary insanity?
A: It as known as Disassociative Reaction. A psychic shock which creates an almost overwhelming tension which the person in shock must alleviate. In Lieutenant Manion's case, a soldier, it is only natural that he would turn to action. Only direct simple action against Barney Quill would relieve the unbearable tension. This is not too uncommon, for example, in combat, some of the more remarkable heroics take place in this state of mind
285) Q: Is there another name for Disassociative Reaction, one we might be more likely to recognize?
A: Yes, it has been known as irresistible impulse.
286) Q: Now, Doctor, a man in the grip of irresistible impulse, would he be likely to go to his neighbor for advice, or call up the police to come to his aid?
A: Completely incompatible.
287) Q: Yes, but our man was able to think of going and taking out a gun and loading it before setting out to find Quill?
A: Well, that was his conscious mind working, but if no gun had been available, he would have gone anyway.
288) Q: How would a man look in the grip of Disassociative Reaction?
A: He might appear to be deadly calm, fiercely deliberate.
289) Q: Uh-hmm. Would you describe his behavior as being like a mailman, delivering the mail?
A: That's not bad. Like a mailman, he would have a job to do, and he would do it.
************ [cross] *************
290) Dancer: Doctor, did you find any psychosis in Frederick Manion?
A: I did not.
291) Q: Any neuroses?
A: I found no history of neuroses.
292) Q: Any history of delusion?
A: None.
293) Q: Loss of memory?
A: Not before this instance.
294) Q: Doctor you stated that the defendant might or might not have been able to distinguish the difference between right and wrong, but that it wouldn't have made muchdifference Am I right, is that what you said
A: Approximately, yes
295) Q: Do you mean that at the time of the shooting he could have known the difference between right and wrong?
A: He might have, yes.
296) Q: Dr. Smith, if the Defendant could have known what he was doing, and could have known that it was wrong, how can you come here and testify that he was legally insane?
A: I'm not saying he was legally insane. I'm saying that in his mental condition, it would not have made any difference whether he knew right from wrong. He would still have shot Quill.
297) Q: Doctor Smith, are you willing to rest your testimony in this case on this opinion?
A: Yes, I am.
Q: Your Honor, I'd like to ask for a short recess. The Attorneys for the People would like to meet with Mr. Biegler and the Court in chambers.
Judge: Mr. Biegler?
Glad to oblige, your Honor.
Judge: Short recess. The jury will remain.
******* (In chambers) *************
Judge: Someday I'm going to horrify tradition and lay a dense, blue cloud of tobacco smoke in that hallowed courtroom. What's on your mind, Mr. Dancer?
Dancer: Your Honor, in view of Dr. Smith's testimony, I thought perhaps the Defense might like to change their plea.
Defense: To what?
Dancer: Guilty, of course.
Defense: No, we'll still go for broke.
Prosecutor: Hell, Paully, you know a guy's not considered legally nuts in Michigan unless he didn't know right from wrong. Why don't you c'mon and get this over with?
Defense: Your Honor, would you turn to page 486?
Prosecutor: What's that?
Judge: Appears to be a lawbook, Mr. Lodwick.
Defense: Oh, I'm sorry, your Honor. I make those things to help me think sometime.
Judge: For perch?
Defense: No, no, for frogs.
Prosecutor: What case is he citing, Judge?
Judge: We gig frogs, down in my part of the country
Defense: Yeah well, it's the same up here. I'm a trout man, myself. This is a new wrinkle I want to try. They do it a lot down in the bayou down south. The idea is that they get a great big long pole, and about a ten pound line, just sort of drift along a high bank in a boat, then you see that great big old bullfrog in a crevice, and you sort of float this along in front of him, and POP that old tongue of his snaps out and you got frogs legs for supper.
Judge: Well, I'll be darned.
Defense: Why don't you keep it, try it sometime.
Judge: Thanks. I will. 486.
Prosecutor: What is it, your Honor?
Judge: People vs Durfee, 1886. It looks like a precedent. Would you like to read it, Mr. Dancer?
Dancer: No, thank you, your Honor, I think I recall the case. We're hooked. Like frog.
********** [rebuttal witness: direct of psychiatrist] ***********
298) Dancer: Dr. Harcourt, where did you receive your University training?
A: Johns Hopkins in Baltimore Maryland
299) Q: And where do you practice now?
A: I'm medical Superintendent of the Bonder State Hospital for the Insane
300) Q: It's been stated here that Disassociative Reaction or irresistible impulse is not uncommon among soldiers in combat. Do you agree with that statement, Dr. Harcourt?
A: I do, but not as it was put by Doctor Smith.
301) Q: Where would you depart from Doctor Smith?
A: Well, Disassociative Reaction is not something that comes out of the blue, and disappears as quickly. It can only occur, even among soldier in combat, if the individual has a psychoneurotic condition of long standing.
302) Q: It's been testified here that a psychiatric examination of the defendant showed no evidence of neuroses and no history of Disassociative Reaction. You further heard it testified that the Defendants behavior on the night of the shooting was cool and direct.
As an observer, do you remember this testimony?
A: Yes.
303) Q: From this, have you formed an opinion about the Defendant's sanity on the night of the shooting?
A: I am of the opinion that he was in sufficient possession of his faculties, so that he was not dominated by his unconscious mind.
304) Q: In other words, he was not in the grip of irresistible impulse.
A: In my opinion he was not.
********* [cross] *********************
305) Defense: Dr. Harcourt, psychiatry is an effort to probe into the dark , undiscovered world of the mind, and in there the world might be round, it could be square. Your opinion could be wrong, Dr. Smith's opinion could be right, isn't that true?
A: I'd be a poor doctor if I didn't agree with that, but I believe my opinion to be right.
306) Q: Now do you think you might change your opinion if you would examine the defendant as Dr. Smith did?
A: I don't believe so.
307) Q: But Dr. Smith's was made under better circumstances, wasn't it
A: If you mean that he was able to examine the man, yes
308) Q: Yeah. Thank you Doctor.
************ [direct of jailhouse snitch] ***********
Dancer: We call Dwayne Miller to the stand. Will the Sheriff please bring in the witness?
Defense: (Aside to Manion) What can he tell?
Lt. Manion: Nothing. He can't tell anything.
Bailiff: Raise your right hand. Do you solemnly swear that the testimony you shall give in this cause shall be the truth, the whole truth, and nothing but the truth so help you God?
Miller: I do.
Dancer: State your name, please.
A: Dwayne Miller, but most folks calls me Duke.
309) Q: Where do you presently reside, Mr. Miller?
A: Across the alley in the jail.
310) Q: Do you know the Defendant Frederick Manion?
A: I got to know him in the past few weeks. His cell's right next to mine.
311) Q. When was the last conversation you had with the Lieutenant
A: Except for hello, this morning
312) Q: Did you discuss his trial last night?
A: Yeah, some.
313) Q: Will you tell the court what Lt Manion had to say about the trial?
A: Well, I said, "Thing's looking up, Lieutenant?" And he said, "I've got it made, buster." He said, "I fooled my lawyer, I fooled that head-shrinker, and I'm going to fool that bunch of corncobbers on the jury."
314) Lt.Manion: You're a liar! You're a lousy stinking liar.
Defense: Take it easy now. I apologize, your Honor, but his outburst is almost excusable, since the Prosecution has seen fit to put a felon on the stand to testify against an officer in the United States Army.
Dancer: Your Honor, I don't know who is the worse
Judge: We're close to the end. In the name of heaven, let's have peace and courtesy for these last few hours. Mr. Dancer, you will continue your interrogation without comment. Mr. Biegler you will not sound off at every opportunity, and the Defendant will remain seated in his chair and keep his mouth shut. Now go ahead.
315) Q: Mr. Miller, are you certain that Lieutenant Manion said, "I've got it made, buster?"
A: That's what he said
316) Q: Mr. Miller, did Lieutenant Miller say anything else?
A: When he got out, the first thing he'd do was to kick that bitch from here to kingdom come.
317) Q: To whom was he referring?
A. To his wife.
************ [cross] *******************
318) Defense: What are you in jail for?
A: Arson. I copped out and I'm waiting for a sentence.
319) Q: And how many other offenses have you committed?
A: Well, I was in reform school when I was a kid, but that's all.
320) Q: Your Honor, I'd like to see this man's criminal record.
Judge: Do you have his record, Mr. Lodwick?
Prosecutor: Yes, sir. Here it is.
320) Q: Well, your record here shows that you've been in pRaschid six times, in three different states. Three times for arson, twice for assault with a deadly weapon, once for larceny. Now, it also shows that you've done short stretches in four city jails on charges of indecent exposure, window peeping, perjury, and disorderly conduct. Is this your true record?
A: Them things are never right.
321) Q: How did you get the ear of the prosecution in order to tell them about this conversation you had with Lieutenant Manion?
A: The DA was taking us to his office.
322) Q: Taking who to his office?
A: Us pRaschiders in the jail.
323) Q: Did he take you all at once, or one at a time?
A: One at a time, him and that other lawyer took us to his office and asked us questions about Lieutenant Manion.
324) Q: Were you promised a lighter sentence if you came over here and went on the witness stand
Dancer: Your Honor, the people object to being held--
Judge: Overruled.
A: I wasn't promised anything
325) Q: You just thought it would help your own troubles if you dreamed up this story to please the DA.
A: I didn't dream up nothing.
326) Q: You're sure that's what Lieutenant Manion said?
A: Yeah, I'm sure.
327) Q: Just as sure as you were about your criminal record?
A: Well, I guess I kind of goofed on that one.
Q: Your Honor, I don't feel that I can dignify this creature with any more questions.
************ [recalling Manion, direct] *****************
328) Q: No, your Honor, we don't need a conference. I'll recall Lieutenant Manion to the stand right now. Now, you've heard the testimony of this Miller. Is any part of it true?
Lt. Manion: None.
329) Q: Lieutenant, do you have any idea why he might come here with a tale like that?
A: No sir.
330) Q: Have you ever talked with this man?
A: Yes.
331) Q: And what did you talk about?
A: Nothing important. Certainly nothing about my personal life or my feelings.
********* [cross] **************
332) Dancer: Lieutenant Manion, have you ever had any sort of trouble with Miller?
A: I don't know, what do you mean, an argument, something like that?
333) Q: Well did you ever attack Miller? Physically attack him? Your lawyer can't answer the question for you, Lieutenant. Did you ever physically attack Miller?
A: Well, I wouldn't exactly call it an attack. I pushed his head against the bars, one day.
334) Q: Why?
A: He said something ugly about my wife.
335) Q: Do you remember pushing or bumping his head against the bars?
A: Well, sure, I just told you.
336) Q: Then this was not Disassociative Reaction?
Defense: Defendant isn't qualified to answer that.
Judge: Sustained.
337) Q: Lieutenant Manion, wasn't your action against Barney Quill much the same as your action against Miller and against the Lieutenant that you struck at the cocktail party? All in the heat of anger, with the conscious desire to hurt or kill?
A: I don't remember my action against Quill.
338) Q: How long had you known your wife was running around with Barney Quill?
A: I never knew anything like that. I trust my wife.
339) Q: I suppose you just beat her up occasionally just for the fun of it.
Defense: Nothing has been established to permit a question like that. He keeps implying things without ever getting to the point. Let him ask the Lieutenant, "Did he ever beat his wife?"
Judge: I'll sustain the objection. Would you like to rephrase your question, Mr. Dancer?
**************** [redirect] **************
340) Defense: Then I'll ask. Did you, Lieutenant Manion, ever beat your wife, on the night of the shooting or at any other time?
A: No, sir.
341) Q: Is there any doubt in your mind that Barney Quill raped Mrs. Manion?
A: No, sir.
************** [rebuttal to rebuttal - direct of Quill's daughter] **********
342) Defense: Your Honor, I know time is very pressing, and I don't want to ask for a recess, I would like to leave the court for a moment.
Judge: If it's important, we can be at ease for a moment.
Prosecutor: This is highly irregular, your Honor.
Judge: Well, there's no reason to make a federal case out of it. (Defense reenters with girl.)
343) Defense: Thank you very much, your Honor. We now have another rebuttal witness. The Defense calls Mary Polan to the stand.
Dancer: Your Honor, we must protest this whole affair. The noble defense attorney rushes out to a secret conference, and now the last minute witness is being brought dramatically down the aisle. The whole thing has obviously been rigged to unduly excite the jury. It's just another of Mr. Biegler's cornball tricks
Defense: Your Honor, I don't blame Mr. Dancer for feeling put upon. I'm just a humble country lawyer trying to do the best I can against this brilliant prosecutor from the big city of Lansing.
344) Q. Where do you live, Miss Polan?
A: At the Thunder Bay Inn in Thunder Bay.
345) Q: And how long have you lived there?
A: For two years.
346) Q: And what's your profession?
A: I manage the Inn.
347) Q: Now, Miss Polan, how is the laundry handled at the Thunder Bay Inn?
A: It's chuted down to the laundry room.
348) Q: And where is the location of that chute on the second floor?
A: Between room 42 and 43.
349) Q: Who lives in those rooms?
A: I live in 42. Mr. Quill lived in 43.
350) Q: Now, would Mr. Quill, coming up from the lobby, have to pass by the mouth of that chute on the way to his room?
A: Yes.
351) Q: Would it be very easy for him to drop something into that chute as he passed by?
A: Yes.
352) Q: Have you ever had occasion to go down into the laundry at any time?
A: Yes, part of my job is to sort various pieces of laundry as they come out of the wash and dry machines.
353) Q: Would you tell the court what you found among those pieces of laundry the day after Mr. Quill was killed?
A: I found a pair of women's panties.
354) Q: And what did you do with them?
A: I threw them into the rag bin.
355) Q: When did you learn the significance of these panties?
A: Here, this morning, in the courtroom.
356) Q: And then you went home and got them out of the rag bin?
A: Yes.
357) Q: Did you bring them with you?
A: Yes.
358) Q: I offer this article of lingerie as Exhibit #1 for the Defense. They're white, they have lace up the side and they're badly torn as if they've been ripped apart by powerful hands. The label reads, "Smart Shop, Pheonix Arizona."
Judge: If there's no objection, the exhibit will be received into evidence.
********* [cross] *************
359) Dancer: Did you ever talk to Mr. Lodwick, the Prosecuting Attorney, about the death of Barney Quill?
A: Yes, he came to the hotel several times after Mr. Quill was killed.
360) Q: Did you tell Mr. Lodwick that you didn't believe Barney Quill had raped Mrs. Manion?
A: Yes, I told him that.
361) Q: Now, Miss Polan, did you ever talk to Mr. Biegler, the Defense Attorney?
A: Yes.
362) Q: Was this also in connection with the shooting of Quill?
A: Yes.
363) Q: Did you tell him that you didn't believe Barney Quill had raped Mrs. Manion?
A: Yes.
364) Q: How many times did you talk to Mr. Biegler?
A: Twice.
365) Q: When was the last time?
A: Last night.
366) Q: And have you changed your mind? Do you now believe Barney Quill raped Mrs. Manion?
A: I don't know now. I think he might have.
367) Q: When did you change your mind, last night?
A: No, no, it was here this morning.
368) Q: When were you given the panties, was that last night?
Defense: Now wait a minute, just wait a minute--
Judge: Use the proper form of objection, Mr. Biegler.
Defense: No, on second thought, I don't object, your Honor. I want the jury to hear her answer.
Judge: The witness may answer.
A: No, I was not given the panties, last night or at any other time. I found them exactly as I said.
369) Q: Do you know for a fact that Barney Quill dropped the panties down the chute or did you just assume it?
A: I assumed it.
370) Q: Had you thought that perhaps someone else might have put the panties there, someone who wanted them found in the laundry?
A: I hadn't thought of that.
371) Q: And in the grip of what Mr. Biegler might call irresistible impulse you rushed in here with the panties because you wanted to crucify the character of a dead Barney Quill, isn't that true?
A: Oh no, I thought it was my duty.
372) Q: Your pride was hurt, wasn't it?
A: I don't know what you mean.
Defense: Your Honor, he's trying to confuse the witness. Let him ask her a question she can understand.
Judge: Yes, Mr. Dancer, I myself would like to know what you're driving at.
373) Dancer: Miss Polan, when you found the panties, was your first thought that Barney Quill might have raped Mrs. Manion, or was it that he might have been stepping out with Mrs. Manion?
A: What does he mean? I don't know what he means.
Judge: Once again, Mr. Dancer, I must ask you to put straight questions to the witness.
374) Dancer: Here's a straight question, your Honor. Miss Polan, were you Barney Quill's mistress?
A: No, I was not.
375) Q: Do you know it's common knowledge in Thunder Bay that you were living with Quill?
A: He was--
376) Q: Was what, Miss Polan? Barney Quill was what, Miss Polan?
A: Barney Quill was my father.
(Much noise in courtroom)
Q: That's all for me.
END