Might as Well Be Dead
lunch four times, but nothing juicer. There were others, but those were the outstanding items.
    The prosecution’s main attraction, though not its mainstay, had been the widow, Selma Molloy. She was twenty-nine, fourteen years younger than her husband, and was photogenic, judging from the pictures the papers had run. Her turn on the witness stand had sparked a debate. The Assistant DA had claimed the right to ask her certain questions because she was a hostile witness, and the judge had refused to allow the claim. For example, the ADA had tried to ask her, “Was Peter Hays your lover?” but he had to settle for “What were the relations between you and Peter Hays?”
    She said she liked Peter Hays very much. She said she regarded him as a good friend, and she had affection for him, and believed he had affection for her. The relations between them could not properly be called misconduct. As for the relations between her and her husband, she had begun to feel less than a year after their marriage, which had taken place three years ago, that the marriage had been a mistake. She should have known it would be, since for a year before their marriage she had worked for Molloy as his secretary, and she should have known what kind of man he was. The prosecutor had fired at her, “Do you think he was the kind of man who should be murdered?” and Freyer had objected and been sustained, and the prosecutor had asked, “What kind of man was he?” Freyer had objected to that too as calling for an opinion on the part of the witness, and that had started another debate. It was brought out, specifically, that he had falsely accused her of infidelity, had physically mistreated her, had abused her in the presence of others, and had refused to let her get a divorce.
    She had seen Peter Hays at a New Year’s Eve party three days before the murder, and had not seen him since until she entered the courtroom that day. She had spoken with him on the telephone on January 1 and again on January 2, but she couldn’t remember the details of the conversations, only that nothing noteworthy had been said. The evening of January 3 a woman friend had phoned around seven-thirty to say that she had an extra ticket for a show and invited her to come, and she had accepted. When she got home, around midnight, there were policemen in her apartment and she was told the news.
    Freyer had not cross-examined her. One of the hundred or so details of privileged communications between a lawyer and a client furnished us by Freyer explained that. He had promised Peter Hays he wouldn’t.
    Wolfe snorted, not his laughing snort. “Isn’t it,” he inquired, “a function of counsel to determine the strategy and tactics of defense?”
    “When he can, yes.” Freyer, who had spent three-quarters of an hour reviewing the testimony and answering questions about it, had lubricated himself with a glass of water. “Not with this client. I’ve said he is difficult. Mrs. Molloy was the prosecution’s last witness. I had five, and none of them helped any. Do you want to discuss them?”
    “No.” Wolfe looked at the wall clock. Twenty minutes to lunch. “I’ve read the newspaper accounts. I would like to know why you’re convinced of his innocence.”
    “Well—it’s a combination of things. His expressions, his tones of voice, his reactions to my questions and suggestions, some questions he has asked me—many things. But there was one specific thing. During my first talk with him, the day after he was arrested, I got the idea that he had refused to answer any of their questions because he wanted to protect Mrs. Molloy—either from being accused of the murder, or of complicity, or merely from harassment. At our second talk I got a little further with him. I told him that exchanges between a lawyer and his client were privileged and their disclosure could not be compelled, and that if he continued to withhold vital information from me I would have to retire from

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