A Trial by Jury




Rosanna Lombardi

July Term, I96I 
No. I

Tried at Schloss Fyrmian on August 10, 1961, before the Honorable Emmanuel Z. Steinberg and a jury.


For the Commonwealth: Frederick McK. Minto, Jr., Esq.,
District Attorney

For the Defense: Graham Anders, Esq.


BY THE COURT: Can't we have more light in here? This will be the first case I've ever tried by candlelight.
MR. ANDERS: If your Honor please, there isn't any outlet in this hall. We've run the extension cord from Mr. Rasmussen's apartment for the tape recorder
BY TIE COURT: All right, let's proceed by candlelight then. Miss Lombardi, will you come up here with your counsel, please? Now, the charges have been read to you, is that correct?
BY THE COURT: And you understand them?
DEFENDANT: Understand?
BY THE COURT: You understand what you are being charged with?
BY THE COURT: And how do you plead? Guilty or Not Guilty? 
MR. ANDERS: Defendant pleads Not Guilty, your Honor, and requests trial by jury.
BY THE COURT: All right. Do I understand that the jury is already selected?
MR. MINTO: Yes, sir. jury is satisfactory to the Commonwealth.
MR. ANDERS: The jury is satisfactory to the defense, your Honor.
MM. MINTO. May it please the Court, I would like to have it noted for the record that one member of the jury, Professor Boswell Hyde, is a personal friend of long standing, and that this fact is well known to defense counsel, who nevertheless selected Professor Hyde for the jury. By the special procedures we adopted here, each counsel simply picked six jurors from the audience
ME. ANDERS: I've known Professor Hyde for a long time too, your Honor, though not as long or as well as the District Attorney. The jury is entirely satisfactory to the defense.
BY THE COURT: All right, Mr. Minto, your point has been noted. Are you ready to make your opening remarks now?


Ladies and gentlemen, my name is Frederick Minto, I am the District Attorney, it is my job to present the Commonwealth's case to you, that is the charges which have been brought against the defendant Miss Lombardi, the young woman sitting at that table. My friend Mr. Graham Anders, sitting beside her, is defense counsel, her lawyer, and it is his job to present her defense. His Honor Justice Steinberg is presiding, will make rulings on questions of law and will charge you, at the close of testimony, with the law as it applies to the facts presented to you. And your job? Your job will be to decide questions of fact; in effect to determine who is telling the truth if there is a conflict in testimony. Your job will be to determine, after listening to all the evidence presented to you, whether this young lady did really commit the offense for which she stands charged.

Now let us get down to the charge itself. This young lady has been indicted for larceny. That is a technical name for stealing the property of another person. His Honor Justice Steinberg will later explain the elements of larceny to you, but I will just mention them to you now to outline my case. Larceny requires first of all a taking, the taking of another's property, then the asportation or taking away of the property, and finally the intent to convert the property, that is the intent to deprive the owner of his property. Now the property involved here is a small framed sketch or drawing of a harlequin, by the eighteenth century painter, Francesco Guardi, a drawing of a commedia, dell'arte actor in harlequin costume. You are all familiar with it, because you have seen it every day during the morning lecture. It hung upstairs, in the room of mirrors, the room we call the Venetian Room, on the wall directly beside one of the big mirrors. Recently that mirror was broken, had to be repaired, and in connection with these repairs this little drawing was removed from the wall so that it would not be damaged. Subsequently it disappeared. We will present evidence from which you may conclude that Miss Lombardi carried the Guardi out of the Venetian Room, concealed it somewhere in the Schloss, and then took it into town and disposed of it. Not all of this will be presented by direct evidence. If all crimes had to be proved by direct evidence, very few criminals would be convicted. Some of the evidence will be what lawyers call "circumstantial evidence" -namely, facts from which you may reasonably infer that certain things happened, even though nobody saw them happen. Now I will ask you to listen very carefully to the witnesses, to listen carefully to their testimony and also watch them, watch how they comport themselves on the stand, because it will be your job, as I said before, to resolve any conflict in the testimony, to decide, if there is such a conflict, which witness is telling the truth and which witness is not telling the truth -either deliberately or from a faulty memory. And just one more thing: My friend may raise some doubt as to the authenticity of the stolen -I beg your pardon- the missing picture. In other words, he may present evidence indicating we are not sure that it was really done by Francesco Guardi. I will object to such evidence because for this purpose it makes no difference whether it is a genuine Guardi or whether it was done by some pupil of Guardi. The point is that we had a beautiful, rare eighteenth century sketch, a small but charming work of art, indeed an integral part of the most beautiful room in this magnificent palace, and for an invited guest to make off with such a treasure -well ladies and gentlemen, I won't take more of your time so that we may proceed with the testimony. Thank you for your attention.

BY THE COURT: Mr. Anders?


Ladies and gentlemen, Miss Lombardi has a very simple defense to the charges which the District Attorney has brought against her. She did not steal this picture. She will take the stand -although under our law she does not need to take the stand- and she will tell you exactly what happened. I won't go into it all now because you will hear it from her own lips. The point is that she categorically denies having taken the picture from the Schloss, although she did remove it from the Venetian Room to save it from possible damage. Incidentally, I agree with the District Attorney that it makes no difference whether Guardi really made the drawing or not. That would have some effect on the monetary value, and in some jurisdictions there are degrees of larceny, stealing something worth thousands of dollars is a greater offense than stealing a loaf of bread, but Miss Lombardi was only indicted for simple larceny, and she vehemently denies having committed any larceny, so we will not make an issue of the picture's authenticity. Whether it really is a Guardi or not; we're all going to refer to it as the Guardi in this trial. Now, the District Attorney spoke about "circumstantial evidence" and I want to say just a few words about the burden of proof. Justice Steinberg will cover this fully in his charge to you, but I want you to have it in mind all the while you listen to the testimony this evening: The Burden of Proof is on the Commonwealth. We don't have to come in here . . . I beg your pardon, Miss Lombardi doesn't have to come in here and prove to you that she didn't take the picture. The burden is on Mr. Minto. He's got to persuade you that she did. And not only that. He's got to persuade you beyond reasonable doubt! Beyond reasonable doubt. What does that mean? That means if, when you have heard all the evidence, there is a doubt in your mind as to whether or not she did it, she stole the Guardi, then you must find her not guilty. Please keep that in mind as you listen to the witnesses. And please keep another thing in mind: As the District Attorney said, Miss Lombardi is a guest in this house. As you look at her, as you listen to her testimony, please ask yourselves whether this girl would commit such a dishonorable and despicable offense. Thank you.

BY THE COURT: All right, Mr. Minto. Call your first witness.

Villa St. Hubertus
Bad Godesberg, Federal Republic of Germany
(Witness sworn)
ME. MINTO: Mrs. von Schaumburg, you are the owner of this palace?
WITNESS: We don't call it that. It is not a palace.
MR. MINTO: All right, this Schloss then. Are you the owner?
MR. MINTO: You are also the owner of a certain sketch or drawing which has recently disappeared from the Venetian Room?
MR. ANDERS: Well, your Honor, he hasn't established that anything is missing.
MR. MINTO: I'm about to do that, sir, if my friend will bear with me. I'll rephrase my question. Madam, is any article of your property missing from the so-called Venetian Room?
MR. MINTO: The little Guardi?
MR. ANDERS: Objection.
BY COURT: Sustained. You know better than to lead the witness, Mr. Minto.
AM. MINTO: Your Honor please, I'm just trying to save a little time with these preliminaries--
BY THE COURT: Continue with your examination, please, Nobody is in a hurry.
MR. MINTO: Mrs. von Schaumburg, will you be good enough to describe the article which is missing?
WITNESS: It is a little sketch, about so big (Witness indicating with her hands) done with a brush, black paint on gray, the picture of -how do you call the figure of the clown in commedia?- Arlecchino, the harlequin, with his mask, it is supposed to be by Guardi, just a sketch, you know.
MR. MINTO: About twelve inches by six?
WITNESS:  I don't know inches. About thirty centimeters high and twenty across. About like this (Witness indicating).
MR. MINTO: Was it framed?
WITNESS: Yes, framed. With glass.
AM. MINTO: What color was the frame?
WITNESS: Gold. It was wood, painted gold.
MR. MINTO: How long have you owned it?
WITNESS: I don't know. It has always been there.
MR. MINTO: When did you first discover it was missing?
WITNESS: Last week -I think on Monday.
ME. MINTO: And how did you discover it?
WITNESS: Mr. Aschauer, my -I mean the Hausmeister here, he telephoned to me, he said-
MR. ANDERS: Objection. Mr. Aschauer is sitting right back there.
 MR. MINTO: Oh, if your Honor please, we're not interested in the truth of the man's statement at this time, we're interested in the fact that she got a report.
BY THE COURT: I overrule the objection.
MR. MINTO: What did the Hausmeister tell you?
WITNESS: He was very upset, He told me the -what do you call the glass man, the man to repair the mirror? This man came on Sunday afternoon to repair it, and when he finished, Aschauer wished to replace the Guardi, and he could not find it. It was not where he put it. It was gone.
MR. MINTO: What did you do then?
WITNESS:  I came out here to look for the picture. We all looked; Mr. and Mrs. Rasmussen, Aschauer, three of the waitresses, several other people. It is a big place.
WM. MINTO: You searched the entire Schloss?
ME. MINTO: Did you question anybody?
WITNESS: Only the glass man, the man who replaced the mirror. I went to his shop. He has always worked in the Schloss, to repair things. He did not see the picture.
WM. MINTO: Did you question the students?
MR. MINTO: Why not?
 WITNESS: That is not my business. I am not a policeman. They are guests in my house. I cannot question them.
IM. M-INTO: Did you call the police?
WITNESS: They were called by Mr. Rasmussen.
MR. MINTO. Has your picture been recovered?
MR. MINTO: That's all, madam. Mr. Anders will cross-examine you now.



MR. ANDERS: Mrs. von Schaumburg, I believe you stated that the Guardi has always been there. Did you mean it has always been in the Venetian Room?
MR. ANDERS: Always?
WITNESS: Well, I don't know what you mean. As long as I have been here . . . I don't know before that. I don't know when they bought it.
MR. ANDERS: Since you've been here. Hasn't that Guardi been moved around, to different places?
WITNESS: To different places? No. Always in the Venetian Room.
MR. ANDERS: Wasn't this Schloss used by the German army as a hospital?
WITNESS: Oh, now I know what you mean! Yes, that's right, during the war, we took the pictures out.
MR. ANDERS: Yes. And where was the Guardi?
WITNESS: On the other side of the lake. In the little house on the other side of the lake. I lived then in that house. 
MR. ANDERS: Thank you, I have no further questions.
BY THE COURT: That's all, madam. You may step down now. Call your next witness, Mr. Minto.


Schloss Fyrmian, Salzburg, Austria.
(Witness sworn)
MR. MINTO: If your Honor please, Mr. Aschauer does not speak English well enough to testify without translation. We have asked Mrs. von Schaumburg to translate for him. While it would not be the normal practice to have one witness interpreting for another, Mr. Anders and I agree that under the circumstances this seems to be the most practical solution.
BY THE COURT: Well, if both sides have agreed, I will allow it. Will you come up here again, madam? Just stand right there beside the witness. All right, go ahead.
MR. MINTO: Can we stipulate this man's identity and occupation and so forth? 
MR. MINTO: If your Honor please, it is stipulated and agreed by and between the Commonwealth, the Defendant Rosanna Lombardi and counsel, Graham Anders, that this witness is the general custodian of Schloss Fyrmian and that his duties include custodial maintenance of the Schloss and its furnishings and fixtures. All right now, Mr. Aschauer, you sent for a glazier to repair the broken mirror in the Venetian Room?

(Questions and answers translated by Paola von Schaumburg)
MR. MINTO: When did the glazier come? 
WITNESS: Sunday afternoon. 
MR. MINTO: And did you take him up to the Venetian Room? 
MR. MINTO: And did you see the Guardi drawing at that time?
MR. MINTO: You did not see it on Sunday afternoon? 
WITNESS: It was not there . . . I beg permission to explain the story. 
MR. MINTO: Go ahead. Tell it in your own words. But slowly, so we can hear the translation.
WITNESS: The mirror was broken in an accident on Saturday evening. I cleaned the glass from the floor. I saw the picture by the Italian Guardi was too close to the mirror. The mirror could not be repaired without moving the picture. For this reason, I took the picture from the wall and placed the picture on the windowsill. I intended to take the picture downstairs and lock it into a closet I did not do it. I did not go into the Venetian Room until Sunday afternoon, when I brought up the man to repair the mirror. I saw that the picture was not in the room. I looked for it, I could not find it. I made a telephone call to Mrs. von Schaumburg. 
MR. MINTO: No further questions. Your witness. 


MR. ANDERS: Was the Venetian Room used for anything on Saturday evening?
WITNESS: There were drinks for the gentlemen--
MR. ANDERS: No, I mean later. After dinner. This was the afternoon of the reception, wasn't it?
INTERPRETER: You ask the questions too fast. He does not have time to hear my translation. 
 MR. ANDERS: I'm sorry. In the afternoon, we had the reception, is that right? 
MR. ANDERS: When you cleaned up the broken mirror and removed the picture from the wall, when was that?
WITNESS: I don't know. Between six and seven.
MR. ANDERS: When was dinner served in the Schloss?
WITNESS:  No dinner was served that evening. They had just eaten at the reception. Most of the gentlemen and ladies went to the city or on the Festung. The staff ate in the kitchen.
MR. ANDERS: All right now, in the evening, later, when the students came back from town, was anything done in the Venetian Room?
MR. MINTO: That's objected to, your Honor. He's way beyond the bounds of my direct examination, and I'm going to cover all this with my next witness anyway.
BY THE COURT: Mr. Aschauer, did I understand you to say you did not go into the Venetian Room between the time you cleaned up the broken mirror on Saturday afternoon and Sunday afternoon when you brought up the glazier?
WITNESS: Yes, Mr. Justice. 
BY THE COURT: I'll sustain the objection.
MR. ANDERS: No further questions.


27 Kasernengatan
Helsingfors, Finland

(Witness sworn)
MR. MINTO: Miss Königsmark, were you among the group of student, who had dinner at the Festung restaurant after the reception here in the Schloss?
MR. MINTO: Was Miss Lombardi also in that group?
MR. MINTO: What did you do after dinner?
WITNESS: We came back here. To the Schloss.
MR. MINTO: Tell the jury in your own words what happened then.
WITNESS: We just sat around outside there, just outside that door, on the terrace. It was a lovely evening. We were smoking cigarettes and talking. Then Mrs. Rasmussen came out, and she said they had been in town for dinner, and they had brought some friends out with them, American friends, and she asked us, would we like to perform our commedia dell'arte skit again, for their friends. The skit we had done at the Bierabend. Without interruption, this time. Most of the people who had done the skit were with us on the terrace. Do you want all their names?
MR. MINTO: No, but was Miss Lombardi among them?
WITNESS: Oh yes.
MR. MINTO: Go ahead, please.
WITNESS: Miss Lombardi and I went up to the dormitories and found the other players, I mean the students who had been in the play, and we found the masks we had made, and the costumes, and we brought them down. Mrs. Rasmussen told us we should do the show in the Venetian Room, because the audience would be small, and the chairs are set up in that room. We carried the costumes into the Venetian Room and we tried to arrange sort of a stage. Two of the men put up a curtain. Not a real curtain, just a wire, and some blankets hanging down.
MR. MINTO: Now, Miss Königsmark, did anything in the Venetian Room look different or unusual when you came in?
WITNESS: Yes. The big mirror on one wall was gone.
MR. MINTO: Gone? How do you mean?
WITNESS: The glass was not there. Only the big gold frame. There was no glass in the mirror at all. And the little harlequin, the little harlequin drawing, it was standing in the alcove, on the seat by the window.
MR. MINTO: All right, now this is very important, Miss Königsmark: Did anybody touch the picture, that picture by the window?
MR. MINTO: Well, please tell the jury who touched it, and what if anything was said.
WITNESS: Rosanna -Miss Lombardi, when we came in the room, she went to the picture and picked it up in her hands and she said, "You know, I think this might be a real Guardi. A sketch he made for a big picture. They should not leave it lying around like this."
MR. MINTO: She said, "They should not leave it lying around like this"? Was it "lying around"?
MR. ANDERS: That's objected to, your Honor. The witness has explained exactly where the picture was located.
BY THE COURT:  Well, I'm not quite clear on it. Did I understand you to say the picture was standing on the windowsill?
WITNESS: It is like a seat by the window, Justice Steinberg. People sometimes sit right in the window.
MR. MINTO: A window seat, in other words.
WITNESS: A window seat. It was standing against the window. Somebody might lean against it and break it.
MR. MINTO: All right, did Miss Lombardi put the picture back where she found it?
MR. MINTO: What did she do and what did she say?
WITNESS: She said, "This will be broken here. I better put it in the library." Then she carried it out of the Venetian Room and brought it to the library.
MR. MINTO: All right, just a minute, Miss Königsmark, please testify only to what you actually saw. Did you see Miss Lombardi take the Guardi into the library?
WITNESS: No, I'm sorry, I saw her take it out of the Venetian Room, going toward the dining hall. She would have to cross the dining hall to get to the library. I did not see her go into the library.
MR. MINTO: Did she come right back?
WITNESS: No. She was gone all the time we were making ready the stage, and the people, the audience had come in.
MR. MINTO: How long would you say she was gone?
WITNESS: Ten minutes? Fifteen minutes?
MR. MINTO: When she returned, was anything said about the Guardi?
WITNESS: Oh no, we were much too busy, the people were all there, and we were behind the curtain, trying to remember exactly how we had done the thing before, who had said what lines, and there was so much confusion. Nobody thought about the Guardi.
MR. MINTO: Do you recall any other conversations about the Guardi?
WITNESS: You mean on that day?
MR. MINTO: No, on any day. Did Miss Lombardi talk about the Guardi on any occasion?
WITNESS: Yes. She spoke about it several times. She was interested. You see, she has a friend, she told me, in Italy, who is an expert in commedia dell' arte, he is a professor somewhere, he is writing a book about Italian commedia dell' arte, he has told her a lot about it, and that was how she got the idea--
MR. MINTO: What idea?
WITNESS: For the Bierabend. That we should dress ourselves like the pictures in the Venetian Room and make up a show, a performance.
MR. ANDERS: I'm going to object to this, your Honor. I can't see that it has any relevancy to the charges.
MR. MINTO: Oh, it does indeed, sir. I propose to show that this lady had a motive, a very specific motive--
BY THE COURT: All right, I'll overrule the objection.
MR. MINTO: Go ahead, Miss Königsmark, what did Miss Lombardi say about the Guardi?
WITNESS: She said she would like to have it as a souvenir, for her friend.
MR. MINTO: Which friend?
WITNESS: I don't know his name. The man who is doing the book about commedia dell' arte.
MR. MINTO: On what occasion did she make this remark?
WITNESS: It was not an occasion.
MR. MINTO: No, I mean when? Where and when?
WITNESS: When I don't know exactly. One day, early in the session, while we were waiting for your lecture to begin, in the Venetian Room. She was sitting right under the picture, underneath where it was hanging, and she said, "Oh, Astrid, I would like to take that home with me!" and I asked her why, and she explained.
MR. MINTO: Is that the only time she discussed it with you? I mean the picture?
WITNESS: Well - I don't like to mention this--
MR. MINTO: Go ahead, Miss Königsmark, it's already in your deposition to the police.
WITNESS: Well, after the picture was missing, she said to me -this was in the dormitory- she said, "Astrid, please don't tell them that I wanted the Guardi, because they think that I have taken it. And I have not."
MR. ANDERS: What was that last part?
MR. MINTO. "And I have not."
MR. ANDERS: Thank you.
MR. MINTO: Any other conversations about the Guardi?
MR. MINTO: All right, thank you, Miss Königsmark. No further questions.
MR. ANDERS: Your Honor, if you will just allow me a moment to confer with my client.

All right. We have no questions for this lady, your Honor.

BY THE COURT: Thank you, Miss Königsmark, you may step down.


Schloss Fyrmian. Salzburg, Austria
(Witness sworn)
MR. MINTO: May we stipulate this gentlemen's occupation and so forth?
MR. MINTO: Did you say no?
MR. ANDERS: That is what I said.
MR. MINTO: Well - All right, sir, what is your occupation?
WITNESS: You mean here?
MR. MINTO: Here, yes.
WITNESS: I am the assistant to the Director of the Academy.
MR. MINTO: That's your full-time occupation, is it?
WITNESS: Well, I'm also trying to complete a thesis - Do you want me to talk about that?
MR. MINTO:  No, I doin't, but Mr. Anders seems to attach some importance to it, so go ahead and tell us about it. 
WITNESS: I am trying to write a thesis for a Master's Degree in Architectural History. My thesis is about the Austrian baroque architect Johann Bernard Fischer von Erlach.
BY THE COURT:  Is that relevant to the testimony this witness will give? I don't really understand-- 
MR. MINTO:  I don't either, your Honor.
BY THE COURT: Well, let's get into his testimony then.
MR. MINTO: Mr. Brockaw, you know the defendant, Miss Lombardi?
WITNESS:  Yes, sir.
MR. MINTO:  On Monday of last week, did you drive Miss Lombardi into Salzburg?
ME. ANDERS: If your Honor please, when I studied law under Professor Minto he had a very clear idea of what it means to lead a witness, but tonight he seems to be--
BY THE COURT: -to be demonstrating leading questions? To show how to put words into a witness's mouth? What ever gave you that idea, Counsel? All right, order please! Order in the court! Let us maintain an atmosphere of judicial dignity, if you please. Do you want to rephrase your question, Mr. Minto?
MR. MINTO:  On Monday of last week, directly after lunch, did you have a conversation with Miss Lombardi?
MR. MINTO:  Where did it take place?
WITNESS:  Well, I can't say exactly. I was walking to my car and she called out the window to me.
MR. MINTO:  Which window?
WITNESS:  One of the dormitory windows, on the fourth floor.
MR. MINTO:  What did she say?
WITNESS:  She said -I don't remember her exact words, but she asked if I was driving into town. And I said yes. She said, "Please wait for me," then she disappeared from the window, and a few minutes later she came running out the front door. 
MR. MINTO:  Go ahead. What did she say then?
WITNESS:  She asked if she could ride into town with me.
MR. MINTO:  And you replied?
WITNESS:  I said sure. Of course.
MR. MINTO:  Go ahead. What else was said.
WITNESS.  She had this package. Wrapped in brown paper, with a string around it. I said, "Are you going to mail that at the post office," and she said, "Yes," and I said, "Don't you have a seminar this afternoon? I'd be glad to mail it for you," and she said, "No thank you, I must do it myself."
MR. MINTO:  So you drove her to the post office?
WITNESS:  I parked in the Mozartplatz and she walked in the direction of the post office. Carrying the package.
MR. MINTO:  Will you describe the package for the jury?
WITNESS:  Well, it was about this big (Witness indicating with his hands) wrapped in brown paper.
MR. MINTO:  You are indicating a rectangle, about twelve by six--
MR. ANDERS:  Objection. Is Mr. Minto testifying here?
MR. MINTO:  All right, will you state the approximate dimensions of Miss Lombardi's package?
WITNESS:  Twelve by six by . . . maybe one, or one-half. Inches. It could have been the picture, with newspaper wrapped around it for padding--
MR. ANDERS:  Oh, your Honor, I object! That's completely improper, and I ask that you instruct the witness to confine himself to--
BY THE COURT:  Objection sustained. Mr. Brockaw, you will confine yourself to answering questions as they're put to you. Ladies and gentlemen on the jury, you will ignore that last remark. The witness does not know what was in the package and is not allowed to speculate or guess what could have been in it. All right, Mr. Minto, any more questions?
MR. MINTO:  Yes, sir, just a few. Mr. Brockaw, did you ask Miss Lombardi what was in this package that she wouldn't let you mail?
WITNESS:  No, sir. It didn't seem . . . appropriate.
MR. MINTO:  What did you talk about?
WITNESS:  Just innocuous things. How she liked the Academy.
MR. MINTO:  How did she like it?
WITNESS:  She liked the people but found the work difficult. She thought her English wasn't good enough.
MR. MINTO:  Now you testified that you saw her going in the direction of the post office. Did you make any arrangement to meet her, to bring her back to the Schloss?
WITNESS:  No, she said she'd get a ride back with Mr. Anders.
MR. MINTO:  With Mr. Anders?
WITNESS:  He was sitting up there, on the terrace of the Glockenspiel
MR. MINTO:  He was sitting where?
MR. ANDERS:  Your Honor, has this got anything to do with the case? No one is disputing that Mr. Brockaw drove her into town or that I drove her back.
MR. MINTO:  Well, if it was by arrangement--
MR. ANDERS:  Of course it wasn't by--
MR. MINTO:  Your Honor, is Mr. Anders testifying here?
BY THE COURT:  Please, gentlemen, one at a time! Mr. Brockaw, I still don't understand how Mr. Anders gets into this. Where did you say he was sitting?
WITNESS:  Your Honor, Mr. Anders was sitting on the upstairs terrace of the Cafe Glockenspiel, by himself, reading a newspaper. That terrace looks right out over the Mozartplatz, and he saw us parking my car, and he waved to us, and Miss Lombardi called up to him, asked him when he was going back to the Schloss, and he said he was going back in ten or fifteen minutes, and as I had some business in town, it was arranged that she'd go back with Anders. That's all.
BY THE COURT:  Well, is any of this in dispute, gentlemen? Maybe you'd better come to side-bar, because if Mr. Anders is going to testify here, I don't see how he can represent.
MR. MINTO:  Nothing's in dispute, your Honor.
MR. ANDERS'  That's correct, sir. I don't know how we got off on this tangent. I'm not sure I like the implication that I sit around at the Cafe Glockenspiel reading newspapers in the afternoon. As a matter of fact-
MR. MINTO:  And waving to girls!
BY THE COURT:  Order! Order in the court! We have to have more quiet, ladies and gentlemen, and I think that counsel might conduct themselves with a little more-- All right, Mr. Minto, are you finished with this witness?
MR. MINTO:  Yes, sir.
BY THE COURT:  Mr. Anders?


MR. ANDERS:  Mr. Brockaw, you just testified that you had some business in town that afternoon. Will you tell the jury what your business was?
MR. MINTO:  Objection. That's totally irrelevant your Honor.
BY THE COURT: I'll sustain the objection.
MR. ANDERS.  All right. Let's talk about something else, then. You are writing a thesis on Fischer von Erlach, is that what you told us?
WITNESS:  That's right.
MR. ANDERS:  What are his dates? In what years did he live?
MR. MINTO:  I object, your Honor! What possible relevance.
MR. ANDERS:  Why? Don't you think he knows them?
BY THE COURT:  Gentlemen! Control yourselves a little. Mr. Anders, I can't see-- 
MR. ANDERS:  Your Honor please, this is his principal witness, surely I'm allowed to test his veracity, to examine him about things he said on direct--
MR. MINTO:  Things you made me ask him on direct--
BY THE COURT:  Well, technically I suppose he should be allowed some latitude in this area . . . I'll overrule the objection. You may answer the question, Mr. Brockaw.
WITNESS:  Sixteen fifty - something to seventeen twentythree.
MR. ANDERS:  Very good.
WITNESS:  Thank you.
MR. ANDERS: You're welcome. Now can you tell us some of the buildings that Fischer von Erlach built? I mean here in Salzburg.
MR. MINTO:  Same objection, if your Honor please.
BY THE COURT:  Same ruling. We might all learn something here.
WITNESS:  You want the names of buildings he designed?
MR. ANDERS: Yes, sir. That's what I want.
WITNESS:  Well, let's see. . . he designed the Holy Trinity Church, that's the Dreifaltigkeitskirche, on the other side of the river. And the Archbishop's stables. 
MR. ANDERS:  Anything else?
WITNESS:  Oh sure. Lots of things. 
MR. ANDERS:  Such as? 
WITNESS:  Well, look, you've got me up here. I don't have my notes or anything--
MR. ANDERS:  But you're writing a thesis about him.
WITNESS: Well sure I am . . . He built that red church, Kollegienkirche, by the University.
MR. ANDERS:  Anything else?
WITNESS:  I'm thinking.
MR. ANDERS:  Just take your time.
MIR. MINTO:  Really, your Honor, this is ridiculous!
MR. ANDERS:  How about the chapel in the hospital, the St. Johann-Spital?
WITNESS:  Oh, that's right. He did that too.
MR. ANDERS:  How about Schloss Klessheim?
WITNESS:  Right, Schloss Klessheim. You're pretty good, Graham, are you writing a thesis too?
MR. ANDERS:  No, I'm not, Logan. just practicing law. Any more examples of Fischer's work, right around here?
WITNESS:  I guess there are more, but I can't think of any right now.
MR. ANDERS:  Really? Aren't you forgetting a pretty obvious example?
WITNESS:  Well--
MR. ANDERS:  Just take your time ... Go ahead, look around a little. . .
WITNESS:  Oh sure! Of course! How could I - he did this place right here, Schloss Fyrmian-- 

MR. ANDERS:  I think the Countess -I mean, Mrs. von Schaumburg is trying to tell you something.
BY THE COURT:  I'm sorry, madam, but that's entirely out of order, you're not allowed to call out to a witness.
MR. ANDERS:  I think what she wants to tell you, Mr. Brockaw, is that this Schloss was built a good thirty years after Fischer von Erlach died. And that it's rococo, not baroque.
WITNESS:  You got me mixed up about that.
MR. ANDERS:  That's one interpretation. Another might be that you don't know any more about Fischer von Erlach than you could have learned from the Encyclopaedia Britannica, and you've forgotten some of that.
MR. MINTO:  Your Honor, may we approach the Bench?
BY THE COURT:  Yes. Counsel to side-bar. Don't pay any attention to this, ladies and gentlemen of the jury. Sometimes in the course of a trial the lawyers have to confer with the judge out of the hearing of the jury. You haven't had a break yet, so I'll declare a five-minute recess.

"Whew!" Justice Steinberg took off his spectacles and mopped his face with his handkerchief. "You boys are going at this like you mean business!"

"Well, your Honor, what the hell! Graham wrote the script and now he's not sticking to it. He's off on some frolic of his own." Freddie Minto's round face glistened in the candlelight and his lower lip protruded petulantly. "I thought the point of this was to demonstrate a jury trial, not to embarrass the staff of the Academy, to show off your brilliant razor-sharp--"

"That's not my point at all," I said.

"Well, what is your point then? Why don't you stick to the script you wrote yourself?"

Justice Steinberg leaned past the candelabra. 'Well, of course I haven't read your script, Graham, but I think you're going pretty far, making this man look like a fool in front of all these people--!"

"Well, it's outrageous, sir," Freddie hissed. "We asked Logan Brockaw to give us a hand with this thing, we gave him the script to read, and what does he get for doing us a favor? He gets kicked in the teeth, for no reason that I can-"

"Speaking of teeth," grunted Justice Steinberg. "My back teeth are floating. I'm older than you fellows, and I haven't sat in nisi prius for five years. After three glasses of wine, yet! I'll be right back." He stood up, gathered his black robe, stepped off behind the dais and disappeared.


He turned toward me, scowling. Behind us, the entire Academy-faculty, students and staff and visitors, stood about in the darkness of the entrance hall or wandered out on the terrace. Everybody was talking and smoking, and nobody was paying attention to us.

"Freddie, what's going on here?"

"Huh! You tell me."

"Freddie, you can see what I'm trying to do, can't you? Why aren't you letting me at him?"

He stood there, feet apart, white shirt, regimental tie, best blue pinstripe from Old Burlington Street, vest bulging, hands in his pockets, glowering down at the dark flagstones. Then the eyes came up and met mine.

"Watch it" he said.


"You're in the wrong corner."

"The hell I am!"

"Step out here on the terrace a minute."

The rain had stopped but a wet wind was blowing across the lake. The others had gone back into the hall. For the moment we were alone.

Freddie took a cigar from his pocket, unwrapped it with deliberation, and stuck it into his mouth. "You're putting on a little show for Bootsie Hyde and his friend from the Times."

"That's right."

"Don't do it," said Freddie, looking hard past the unlighted cigar.

"Why not?"

"Graham, considering everything, considering I knew you as a little kid and I knew your mother and all that - considering everything, I've never talked to you like a Dutch uncle, have I?"

"Everybody else--"

"I know, I know. But I haven't, have l?"


"All right well now I'm going to. You're painting yourself into a corner, and it's the wrong corner."

"What's that supposed to mean? What corner?"

"What's your nationality?"

"My nationality? What the hell do you mean by that? My nationality's Americanl"

"Were you born in America?"

"No, you know goddamned well where I was born--"

"Was your father--"

"What are you driving at, Freddie?"

"Simmer down, we've only got a minute before Steinberg gets back. I'm trying to put the thing in focus for you. You're an American, right? You've never considered yourself anything else."

"What else would you suggest?"

"Your mother was American, you lived there since you were - what? Ten years old? You pledge allegiance to the flag, you've served in the army, like all the rest of us you get sore as hell if somebody questions your citizenship, but like all the rest of us you take it pretty much for granted. Now what is this thing you're laying on here? Fun and games, to get Bootsie Hyde and all his pink friends in the White House in an uproar. Maybe a hard-breathing story in the Times. Alarm in the liberal establishment. You're trying to interfere with an operation that's been ordered on, apparently, at a very high level in the United States government."

"For God's sake, Freddie, so what? They're going to ruin the Academy if they're allowed to operate here--"

"Well, in the first place I don't see how something like this will ruin the Academy, if it's kept quiet, and in the second place, suppose it does ruin the Academy? Maybe what's involved here is more important than the Academy. How do you know? The point is, we've got a government, for all our bitching it's not a bad government, at least I don't think most of us would trade it in for another one, you've got to assume that most of these people know what they're doing most of the time--"

"You mean like at the Bay of Pigs?"

"--and you can't just go out -especially in a foreign country-- and undercut them, work against them. It . . .  I hate to say this, but it borders on treason."

"Freddie, I can't believe what you're saying! You mean to tell me that we've got to go along with whatever some guys in Washington, in their infinite wisdom . . . we've got to carry out orders from our beloved leaders, not even from elected leaders but from Armistead Devereaux, who's been aching to fight the Russians for twenty years, otherwise we're committing treason? . . . We hanged the Nazis for that, remember?"

"Bullshit!" Freddie took the cigar from his mouth and spat into the shrubbery. "In the first place we hanged the Nazis for starting the war and for murdering millions of people in concentration camps. In the second place, nobody is asking you to carry out any orders. I'm just suggesting that an American citizen abroad is perhaps under a duty to refrain from undercutting confidential activities of American intelligence agencies, even if he thinks they're misguided and wrong. . . .     If they are misguided and wrong."

"You fellows ready to go on with this thing?" asked Justice Steinberg from the doorway.

"Just one second, Manny, if you please," said Freddie over his shoulder. "We'll be right with you."

"Well, hurry up. The natives are getting restless."

We were alone again.

"One more thing, and I'll give it to you fast," said Freddie, standing so close to me that I could smell the wet cigar. "What do you think Ellsworth Boyle will say to this? If this is really Devereaux's project, you're not just playing with minor civil servants. Of course he's officially retired, but he's got more clout than half the people in the Cabinet. If somebody like that begins to worry about your loyalty, or let's just say your judgment in matters involving the national interest, what do you think that's going to do to your future? And not just your future. What about your partners? How many of Boyle's companies are defense contractors? Doesn't Ames Mahoney represent Delaware Ballistics Labs?"

"Fredie, you're blowing this thing up out of all--'

"I don't think so . . . I don't think so. You know I'm not in love with Ellsworth Boyle, with dear old C&D, and yet . . . Oh what the hell, Graham, you can't endanger the livelihood of eighty people to whom you stand in fiduciary capacity! And quite apart from that, there are just some things that people --Well, I'll come out and say it, that people in our position don't do! One thing they don't do is sabotage the activities of the United States government. Do you realize there might be a war this summer? If the East Germans keep up this pressure--"

"There isn't going to be any war this summer," I said.

"But you don't know that, do you?" said Freddie furiously.

"It's not your problem! It's Devereaux who's got to worry about it. Not you!"

He took the cigar out of his mouth again and put his hand on my shoulder. "Now, Graham, you listen to me. You've become accustomed to having your own way, you've become accustomed to success, you're an imaginative and resourceful lawyer and you think you're going to pull off a nice little coup here -so help me God, boy, you're going to regret it for the rest of your life!" He threw the cigar into the darkness and stomped back into the Schloss. I turned around, hoping to catch a glimpse of the lake and the Untersberg but it was raining again. I couldn't see anything.
BY THE COURT:  Gentlemen, on reflection I've decided that we've heard enough about this witness's knowledge of the local architecture. Have you any other questions for him, Mr. Anders?
MR. ANDERS:  No sir, but I'd like to reserve the right to recall him later, as on cross-examination--
BY THE COURT:  We'll worry about that when the time comes. Mr. Minto?
MR. MINTO:  No further questions, your Honor. Commonwealth rests. 
BY THE COURT: Mr. Anders?
MR. ANDERS:  If your Honor please, I demur to the evidence, on the ground that the Commonwealth has not presented evidence sufficient to even permit the jury to consider the case.
BY THE COURT:  Your demurrer is overruled, Mr. Anders.
MR. ANDERS:  Very well, sir. Call Mrs. Lamason, please.


11 Remington Street
Cambridge 38, Massachusetts
(Witness sworn)
MR. ANDERS:  Mrs. Lamason, do you know the defendant, Miss Lombardi?
WITNESS:  I sure do. She's a lovely girl.
MR. ANDERS:  Have you ever driven her into town?
WITNESS:  Yes, I did. One evening I sat next to her at dinner and I said I was going into town to do some shopping, Porter was busy, that's my husband, and the Bergstrassers were going to see the Marionettes with Justice Steinberg and I thought she might like to browse around the stores with me a little, she's such a cheerful girl.
MR. ANDERS:  Which evening was this?
WITNESS:  Oh, I'm not sure, Graham, it was a Friday, I'm pretty sure . . . Yes, because the next day was Saturday, the day we had the reception.
MR. ANDERS:  All right now, on this shopping expedition, did Miss Lombardi buy anything?
WITNESS:  Yes, she bought a darling little dirndl, at Lanz's, we each bought one, I mean the whole costume with the blouse and the apron, although I must say they werent cheap.
MR. ANDERS:  Did she buy anything else that night?
WITNESS:  Oh, you mean the book?
MR. ANDERS:  That's right.
WITNESS:  There are lovely bookstores in this town. We looked through several bookstores. They even have lots of books in English . . . Okay, I'm sorry, yes, she bought a book of photographs of Salzburg, this one here.
MR. ANDERS:  She bought that book you are holding in your hands?
WITNESS.  No, this one's mine, but hers was the same. We each bought one. You see it's got pictures of all the churches, and the fortress, and this Schloss.
MR. ANDERS:  Your Honor please, I'd like to have this book marked for identification.
BY THE COURT:  Mark it D-1.
MR. ANDERS:  And I'd like to introduce it as Defendant's Exhibit-- 
MR. MINTO:  I don't see the relevance of this book your Honor.
MR. ANDERS:  It's been testified that Miss Lombardi took a package approximately twelve by six by one to the post office. The dimensions of this book, as the jury can see for itself, are -I have a ruler right here, sir- the dimensions are -well, this is in centimeters.
BY TEE COURT:  Well, the jury can see what size the book is. I'll admit it, subject to . . . You'll have to tie it in later, Mr. Anders.
MR. ANDERS:  Yes, sir. I plan to. I have no further questions.
MR. MINTO:  Just a minute please, madam.
WITNESS:  Oh excuse me, Freddie, I thought . . .


MR. MINTO:  Did Miss Lombardi buy any other books?
WITNESS:  No. I think she'd spent more money--
MR. MINTO:  Did you buy any other books?
WITNESS:  Oh, sure.
MR. MINTO:  Which ones?
WITNESS: Oh, gee . . . let's see. Well, I bought another copy of this one here, this picture book ...
MR. ANDERS  What did you do with it?
WITNESS:  Oh, I had it sent. There's no point in lugging around--
MR. MINTO: Had it sent where?
WITNESS:  To my daughter. She lives in New Haven.
MR. MINTO:  By the bookstore?
WITNESS:  Obviously. They charge for postage, but--
MR. MINTO:  Let me just get this straight: Miss Lombardi was with you, right there in the bookstore, and she heard you instruct the clerk to mail this book, the other book, to your daughter in New Haven, Connecticut. Is that right?
WITNESS:  That's right.
MR. MINTO:  Thank you, ma'am. That's all.
MR. ANDERS: Just a second, Mrs. Lamason. Did anybody suggest to Miss Lombardi that she could have her book mailed someplace too?
WITNESS:  Not that I know of.
MR. ANDERS:  How many books did you buy, altogether?
WITNESS:  Gee. . I don't know ... I think about six.
MR. ANDERS:  And how many did you have the store mail for you?
WITNESS:  One . . . two . . . three. Three. No, four. I'm sorry. Four, it was.
MR. ANDERS:  And was Miss Lombardi there with you, right with you, all this time you gave these instructions to the clerk, or was she browsing around the store?
MR. MINTO:  Now who's leading the witness?
BY THE COURT:  If that's an objection, I'll overrule it. Let's not get bogged down here. You may answer the question, Mrs. Lamason. 
WITNESS:  What was the question?
MR, ANDERS:  I'll withdraw it, your Honor. No further questions.
BY THE COURT:  Thank you. You may step down. Call your next witness, Mr. Anders.

226, Via Gabriele D'Annunzio
Bologna, Italy
BY THE COURT:  Miss Lombardi, you have been advised by counsel that under the Constitution of the United States, which governs this trial, you are not required to testify here, and that if you do not testify, the jury will be instructed that no conclusions may be drawn from your failure to testify?
BY THE COURT:  Is that clear?
MR. ANDERS:  I've explained it thoroughly, your Honor. You understand that you don't have to testify, don't you?
MR. ANDERS: But you want to testify.
WITNESS:  I want to.
BY THE COURT:  All right, swear the witness. (Witness is sworn)
MR. ANDERS:  Miss Lombardi, did you take the Guardi out of the Schloss.
WITNESS: No! I did not take it!
MR. ANDERS:  Where is it now?
WITNESS:  I don't know where is it now.
MR. ANDERS:  You asked Mr. Logan Brockaw to drive you into town?
WITNESS:  Yes. To the post office.
MR. ANDERS:  And you had a package with you?
MR. ANDERS:  What was in the package?
WITNESS:  This book, this photography book, photographs of Salzburg, this same book there that Mrs. Lamason has shown, I had wrapped around it newspapers and brown paper outside, with string.
MR. ANDERS:  Didn't Mr. Brockaw offer to mail it for you?
WITNESS:  He did, yes. But . . . I had not written on the address, I did not know how much it would cost . . . and . . .
MR. ANDERS:  And what, Miss Lombardi?
WITNESS:  I am ashamed!
MR. ANDERS:  Now, Miss Lombardi, this is a matter of the utmost importance! You want the jury to believe your testimony, so you must not hold anything back.
WITNESS:  Well! I tell you. I did not want to be in the Schloss that afternoon, because I did not want to go to Justice Steinberg's seminar, because ... Oh, I must say it?
WITNESS:  I have not read my cases. I was not prepared.
BY THE COURT:  All right, quiet please, let's have some order. This Court will take judicial notice of the fact that some members of the Court's own seminar are occasionally unprepared. Go on with your examination, Mr. Anders.
MR. ANDERS:  So you went to the post office and mailed the package yourself. To whom did you send it?
WITNESS:  To my mother.
MR. ANDERS:  In Bologna?
WITNESS:  In Bologna.
MR. ANDERS: Mr. Minto will ask you this on cross-examination, so I will anticipate him: Why didn't you have the bookstore send the book directly to your mother?
WITNESS:  Because I want to look at it. I want to show it to Astrid. And to you. It has a picture of the Schloss . . .
MR. ANDERS:  All right now, Miss Lombardi, let's go back to Saturday night, the night following the reception. After you came back from dinner on the Festung, where did you go?
WITNESS:  We sit on the terrace. Out there.
MR. ANDERS: Now, you heard Miss Königsmark's testimony here. How Mrs. Rasmussen asked you to perform the commedia skit, how you and Astrid went upstairs and rounded up the actors and the costumes, how you went into the Venetian Room to set the stage - Was her testimony substantially correct? Is that what happened?
WITNESS:  Yes. It is what happened.
MR. ANDERS:  Please tell us when you first saw the Guardi?
WITNESS:  The Guardi? I see it every morning, at the lecture--
MR. ANDERS:  No, I mean that night.
WITNESS:  Well, I came in the room, we were putting on the masks, and I see it there on the -it is standing on the seat, the seat by the window. just standing there, where the people will sit.
MR. ANDERS:  All right now, Miss Lombardi, I want you to tell the jury, in your own words, exactly what you did with the Guardi from that moment on.
WITNESS:  I said to Astrid, "Oh, they should not leave it there, it will be broken," or something like that. There were so many people in the room and they were laughing and joking, and the commedia show, you know, there is a lot of jumping around, running around, you know the first time we did it, we had so much confusion . . .
ME. ANDERS:  Confusion? I don't recall any confusion--
BY THE COURT:  That's because you were causing it! Go ahead, Miss Lombardi. Did you pick up the Guardi?
WITNESS:  Yes, Justice Steinberg, I pick it up and I take it over to the library. Where it will be safe. But I cannot get in. The library is locked.
BY THE COURT:  But that can't be right. The library is never locked.
WITNESS:  Yes. This time, it was locked. The door was locked.
MR. ANDERS:  So what did you do with the Guardi?
WITNESS:  I try to think. Where shall I put it? I am in the dining hall, but I cannot leave it there in the dining hall, so I look up and I see the -what you call it up there, the galleria?
MR. ANDERS:  The walkway above the dining hall?
WITNESS:  Yes, where you work with the typewriter. I find the steps, the little steps that go around and around, and I put the Guardi on the table up there. I think it will be safe there.
MR. ANDERS:  And then where did you go?
WITNESS:  Then I go back down, to the Venetian Room.
MR. ANDERS:  Did you see the Guardi again?
WITNESS:  No. Never.
MR. ANDERS:  Did you tell anybody that you had put it there?
WITNESS:  Tell anybody? I told you, Graham--
MR. ANDERS:  No, no, I mean before it was discovered missing.
WITNESS:  Nobody ask me.
MR. ANDERS:  But then - Well, who was the first person that asked you about it?
WITNESS:  Who asked me? Astrid -Miss Königsmark, she say to me, 'Where do you put the Guardi, they cannot find it?" and I say I put it up there in the galleria--
MR. ANDERS:  Now, Miss Königsmark testified that. you went to her and you told her that the Guardi was missing, and you asked her not to mention the fact that you had said, on another occasion, that you wanted to take the Guardi as a souvenir for your friend in Italy. Is that correct?
WITNESS:  Graham. . . I don't understand--
BY THE COURT:  I don't either.
MR. ANDERS:  I'm sorry. Did you tell Astrid the Guardi was missing? Or did she tell you?
WITNESS:  I don't know. I'm so confused now!
MR. ANDERS:  Well, did you ever say to Astrid that you wanted the Guardi as a souvenir for a friend in Italy?
WITNESS:  Yes, I did say that. But I said it . . . Well, you know, like a wish. I wish I could. I did not mean I would steal it! I am no thief, I would not steal something from this place!
MR. ANDERS:  All right, just one more time. You carried the Guardi out of the library so it would not get broken?
WITNESS:  The door was locked.
MR. ANDERS:  So you carried it up to the gallery above the dining hall, and you put it on the table up there, and you haven't seen it since, is that the truth?
MR. ANDERS:  And you couldn't put it in the library because the library was locked.
WITNESS:  I swear it.
MR. ANDERS:  Your witness.


MR. MINTO: Just a couple of questions, please, Miss Lombardi. From the time you carried the Guardi out of the Venetian Room until the time you came back without it -how long was that, would you say?
WITNESS:  How long? I don't know. A few minutes?
MR. MINTO:  But all you did, according to your testimony, is walk across the dining hall, try the door to the library, climb up to the gallery over the dining hall, leave the Guardi on the table, and come down again. Isn't that what you said?
WITNESS:  Yes, Professor Minto.
MR MINTO:  Well, did you hear Miss Königsmark tell us that you were gone ten or fifteen minutes?
WITNESS  Not so long as that.
MR. MINTO:  Miss Königsmark thought you were gone as long as that.
WITNESS:  No. It was not so long.
MR. MINTO:  In ten or fifteen minutes you could have gone up to the fourth-floor dormitories--
MR. ANDERS:  Objection!
BY THE COURT:  Sustained. You've made your point, Mr. Minto. Go on to something else.
MR. MINTO:  Very well. Miss Lombardi, you say the door to the library was locked?
WITNESS:  It was locked.
MR. MINTO:  Miss Lombardi, don't you know that the library is never locked? Don't you know that it's the boast of the Academy, even set forth in the official catalogue, that the library is open twentyfour hours a day, seven days a week?
WITNESS:  I don't know.
MR. MINTO:  You're not sure it was locked?
WITNESS.  It was locked! I tell you it was locked! They open it when they come out!
MR. MINTO:  Who opened it?
WITNESS: Mr. Brockaw, and the Germans.
MR. MINTO:  Your Honor please, I have no further questions.
MR. ANDERS:  Oh, but I do, your Honor!
MR. MINTO:  May we approach the Bench again, your Honor?
MR. ANDERS:  No, if your Honor please, I'd like to clear this up right now!
MR. MINTO:  Your Honor, I really must--
BY THE COURT:  Well, now I'm curious myself. You saw Mr. Brockaw come out of the library? When was that?
WITNESS:  When I was up there. On the galleria. The door goes click-chck-click, and the door open, and they all come out.
BY THE COURT:  Who came out?
WITNESS:  Mr. Brockaw and Dr. Pressburger and the gentleman -the gentleman who is the husband of that lady--
MR. ANDERS:  You mean Mr. von Schaumburg?
ANDERS:  You mean Mr. von Schaumburg came back to the Schloss that night, after the reception-- 
MR. MINTO:  Your Honor please, have we forgotten what we're doing here? What in heaven's name has any of this to do with the issue in this case? This jury is going to lose track of this whole thing--
MR. ANDERS:  I don't think so.
BY THE COURT:  Now I want an end to all this shouting and confusion! Are there any more questions for this witness? . . . All right, Miss Lombardi, you may go back to your place. Mr. Anders, any more for the defense?
WITNESS:  I did not take the Guardi!
MR. ANDERS:  Rosanna!
BY THE COURT:  That's all right, Miss Lombardi, take it easy now.
WITNESS:  Oh, Graham, they all believe now that I take the picture! You must tell them! This is all to pretend . . . a theatre. . . but now they think--
BY THE COURT:  Order! Order! Now we can't have this much noise and confusion in this court! Rosanna-- Miss Lombardi, please go back to your place and sit down. All right . . . Now that's better. I think I should say to the audience and the jury that in ten years on the bench, five of them on the trial bench, I've seen some dramatic trials, but this is . . . Well it's not exactly typical of an American jury trial. As you see, under our adversary method, the case is pretty much in the hands of counsel, and all the Court can do is try to maintain some semblance of order. All right now, Mr. Anders, any more for the defense?
MR. ANDERS:  Yes, sir, I ask leave now to recall Mr. Brockaw, as on cross-examination, on the ground that new evidence--
BY THE COURT:  All right.
MR. MINTO.  Your Honor, this is becoming absurd.
BY THE COURT:  Yeah, but it's interesting, don't you think? You've been sworn, Mr. Brockaw.

MR. ANDERS:  Was the library locked at any time that evening?
WITNESS:  For a few minutes.
MR. ANDERS:  And you were in there?
WITNESS:  That's correct. I was transacting some private business.
MR. ANDERS:  With Dr. Pressburger and Mr. von Schaumburg?
MR. MINTO:  Objection, your Honor, what possible relevance-- 
BY THE COURT:  Objection sustained.
MR. ANDERS:  You knew that Miss Lombardi tried to get into the library?
WITNESS:  I did not.
MR. ANDERS:  You heard her say so here?
WITNESS:  Here on the stand? Sure, but I didn't know it before.
MR. ANDERS:  You didn't know that her whole defense was based on the library being locked that night?
WITNESS:  At what time? How was I supposed to know what her defense--
MR ANDERS:  Didn't you participate in the preparation of this case? With Mr. Minto?
WITNESS:  Well, to tell you the truth, I don't know what's going on here now. I was under the impression that we were staging a demonstration trial, to show how an American jury trial works, and you seem to be--
MR. ANDERS:  What I'm getting at, Mr. Brockaw, is that you didn't know Miss Lombardi had seen you and the others come out of the library. Did you?
WITNESS:  Did I know she had seen me? No.
MR. ANDERS:  So you couldn't tell Mr. Minto, to warn him that the library was indeed locked.
MR. MINTO:  Your Honor, this is all completely out of order. Mr. Anders is the one who prepared this case, who set up the facts--
MR. ANDERS:  Oh no, sir, not all of them. I took the facts as I knew them, but she never told me she saw them coming out.
MR. MINTO:  Oh, your Honor, this whole thing is--
BY THE COURT:  Yes, I'm getting confused now, and I'm sure the jury is too. Mr. Anders, you asked leave to recall this witness. Have you any more questions for him?
MR. ANDERS:  Yes, sir, just a few. Mr. Brockaw, you're a lawyer yourself, are you not?
WITNESS:  No, sir. I was one, but as I told you, I switched to architecture. The history of architecture.
MR. ANDERS:  Isn't it true, Mr. Brockaw, that you are in fact a partner in the New York law firm of Iselin Brothers--
WITNESS:  No, sir!
MR. ANDERS: -and Devereaux, and that you're presently on a special assignment for the Central Intelligence Agency?
MR. MINTO:  Your Honor, I'm going to ask for a mistrial here.
BY THE COURT:  Counsel to side-bar, please.

"Oh, Graham," said Paola from the row behind me. 'What have you done!"

"Well?" asked Justice Steinberg, peering down. The candles had burned down to stumps. Silence echoed in the darkness behind us. Nobody seemed to be breathing.

Freddy was shaking his head, smiling. "Manny, I just don't know what to say. He's playing some game of his own here . . . I don't see how we can go on--"

'We're demonstrating a jury trial, right?" I tried to sound calm, but I knew my voice was shaking a little. "I'm trying to show that the prosecution's principal witness is--"

"We know what you're trying to show," interrupted Freddie, but he wouldn't look at me.

"I think somebody might have warned me that you were going to stage a three-ring circus here." said the judge. "I can't tell what you invented and what really happened now. That poor girl's beginning to wonder if she did send the picture to Italy."

"Your Honor, she told me that the door was locked, she never told me that she saw anybody coming out--"

"Get outa here!" said Freddie angrily, still looking up at Justice Steinberg. "She told you, all right, and you set the whole thing up--"

"All right, that's enough," snapped Steinberg. "You two finish your quarrel later. The problem now is to put this case back on the tracks. I don't see anything to be gained by granting your motion for a mistrial, Freddie. That would just leave everybody hanging. Graham, now that you've dropped your bombshell, are you ready to rest your case?"

"Yes, sir."

"All right then, I'll deny the motion for a mistrial, you rest your case, then each of you makes a short speech to the jury -just one apiece, and short, please, it's getting too late, defense first, prosecution last- then I'll give 'em my charge, and then we'll send em out. Okay?"

They were out for a long time. People wandered around in the dark hall, talking in undertones. Paola had disappeared. So had Brockaw. Freddie paced back and forth on the terrace, smoking a cigar. Rasmussen was nervously fiddling with his tape recorder, making it whirr and squeak as he reeled it back, then making it regurgitate snatches of my voice or somebody else's, hollow, canned -a parody of what had really happened. Rosanna, redeyed, sniffling into a handkerchief, had gone to the bathroom with Astrid. At the very back of the hall Justice Steinberg chatted amiably with Nora Rasmussen, the Lamasons, the Bergstrassers, and the other guests, including the man from the New York Times. I sat alone at my table and smoked one cigarette after the other, feeling eyes upon me, trying to convince myself that I had done the right thing, and that I was not frightened. I looked around for Pressburger, but he had disappeared too. I tried to focus my mind on Peter Devereaux, hoping that would make me feel better, but it didn't. So I just sat there, smoking.

Our closing speeches to the jury were to have been the high point of the trial, a chance for Freddie and me to demonstrate some old-fashioned bell-ringing flag-waving suspender-snapping courtroom oratory, to show why in America the jury trial has become a community event, a form of folk theatre, like the Athenian drama at the times of Aeschylus, the Roman Circus, medieval tournaments, miracle plays -and the commedia dell'arte. But we were not in the mood any more; we had passed the climax, we both knew it, and so we limited ourselves to straightforward summations -no oratory, no flags. As the District Attorney, Freddie had the last word, and when he sat down, Steinberg gave them a short, precise and entirely correct charge, off the top of his head, without script or notes of any kind -an impressive performance for a man who had not presided over a jury trial in years. Then he appointed Eduard Onderdonk the foreman, and sent them upstairs to the dining hall.

"Well." said Boris Fleischer, sitting down in Rosanna's chair. "That was quite a performance."

"I didn't know you were back there."

"Oh yes. I sat on the edge of my chair. Most trials I have seen have been very boring, but not this one. You took my advice, I think."

"I guess I did, Boris. Are you surprised?"

"Yes, a little."


"Why? Well, I just did not think you were a person who would ... push his neck out? Oh, now they come downstairs again, I will go back and find my seat I wanted to talk to you a moment about Boatwright, but this is not the right occasion. Have you time to meet me at the Cafe Bazar tomorrow evening?"

"Sure," I said, and he left me. The atmosphere changed. Conversations broke up, chairs scraped the floor as people returned to their places. Freddie came in from the terrace, Steinberg climbed back to his dais, Rosanna slumped down beside me, her face washed but her eyes still red.

With Onderdonk in the lead, the jury walked in single file up the center aisle, all of them self-consciously staring straight ahead. They began to form up in front of Steinberg, but Boswell Hyde showed them that they were to sit down in their original places. Only Onderdonk stood up, facing the judge.

"Ladies and gentlemen of the jury, have you reached a verdict in this matter?" asked Steinberg.

"Yes, Justice Steinberg," replied Onderdonk. "We have."

"Miss Lombardi, will you stand up, please?"

As I stood beside her, I could feel her trembling.

"All right Mr. Foreman," said Steinberg. "How do you find the defendant, guilty or not guilty?"

"We find there is not sufficient evidence against Miss Lombardi--"

"In other words you find her not guilty?"

"We find her not guilty."

With a roar, the audience stood up, applauding, cheering, whistling. The jury was applauding too. "Viva Rosanna!" shouted one of the Italians, climbing on his chair. Rosanna threw her arms around me, sobbing. Everybody pressed around us. " Oh, Rosanna, you silly goose," cried Astrid. "It was only a play!" but her eyes were wet too. Then the crowd around us parted, and there was Aschauer in a green hat and a wet green loden cape, holding something wrapped in newspapers. He handed this to Paola, who tore off the papers with one impatient sweep and stepped forward holding out the little Guardi.

"This is for you, Signorina Lombardi. A souvenir of Salzburg. Not a real Guardi, I am afraid."

The hall echoed with applause and cheers. The grinning faces packed tight around us, but Rosanna began to cry again. "Oh no, no, I cannot--"

"Yes, you take it," said Paola, pressing the picture into Rosanna's arms but looking hard at me. "Mr. Anders has been using you for sport of his own."

"But where was it?" Astrid asked as Rosanna held the picture, staring at it, still sniffling.

"In the living room of the house across the lake," said Paola. "Exactly where Mr. Anders put it."

"Oh, Graham!" shouted Astrid and Rosanna in unison, and I tried to extricate myself, squeezing through the crowd that now pressed toward the front of the hall, suddenly face to face with Rasmussen.

"Say, that's not true, is it?" he asked quietly. "About Brockaw?"

"I think it is."

"You understand that I, that the Academy didn't know a thing about this, don't you?"

I nodded.

"Don't you think I'd better erase the tape?"

"Hell no," I said. "Have it typed up. I'd like a souvenir of Salzburg too."

Then Boswell Hyde was at my elbow. He looked grim. "Quite a show you put on for us," he said.

"Thank you."

"You were Peter Devereaux's friend, weren't you?"

"Yes, sir."

"I've got to take my people back to town in a few minutes, but I think we'd better have a talk with you and Mr. Brockaw. And Freddie Minto." He turned to Rasmussen. "All right, Director, shall we use the library? That seems to be the place for meetings now."

previous chapter, next chapter



1961 - A Point of View
[1] The annual meeting of the stockholders of the Boatwright Corporation
[2] What are you going to do about Boatwright and what are you going to do about yourself?
[3] Have we learned anything this evening, Doctor?
[4] Producing results?
[5] Alexander's Feast
[6] How'd you like to go over to Salzburg for a month with me?

1947 - An Island
[7] You're not going to Berlin. You're staying here.
[8] All right, we're the Military Government.
[9] The Americans are teaching us to be democratic instead of fascistic.
[10] Well, this is Fasching.
[11] Letters after Ash Wednesday
[12] Say Boris is at Schloss Fyrmian.
[13] THE AMERICAN ACADEMY IN EUROPE - Prospectus for the First Session
[14] Learn to think of people as individuals.
[15] Parlez-moi d'amour, redites-moi des choses tendres.
[16] Not one thing left to show that you've ever been on earth? - "Sources of Soviet Conduct"
[17] A Countess, a Prussian Officer and a Ländler
[18] Now this part of your life is over and I'm sending you home.
[19] A father who's too busy to watch his son die. - The Spring of 1961
[20] I cannot sell Schloss Fyrmian to the Academy.

1961 - A Change of Air
[21] The first thing I saw was the Festung Hohensalzburg far in the distance, silhouetted against the shadowy curtain of the high mountains.
[22] Next day at the Academy we got to work - Graham, you know what Fleischer did?
[23] Im weißen Rößl am Wolfgangsee
[24] Brockaw writing a thesis on Austrian baroque architecture? - Boatwright Corporation and Boris Fleischer, plaintiffs
[25] You know there a Mr. Devereaux? Mr. Armistead Devereaux?
[26] I think always of Peter Devereaux.
[27] It sounds like an act of desperation, and it won't hold up in court.
[28] In those Oklahoma Hills WHERE AH WAS BOW-AHHHN!
[29] ... that we should meet again like this . . . I think perhaps there is a reason.
[30] "Is there here an American by name of Brockaw?"
[31] This is Boris Fleischer!
[32] "Does Hans work for Gehlen?" Paola shook her head. "More the other way around."
[33] Won't you please come home? Everybody needs you, I most of all.
[34] With this Waffenstillstand you have time now.
>[35] You're going to regret this for the rest of your life!
[36] We Europeans would not do it. None of us. - People think you need medical attention.
[37] Will they trust you?
[38] Some things about the U.S.A. are perhaps rather important, and to us impressive.
[39] You're going to need a good lawyer.

version: March 2, 2004
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Arthur R.G. Solmssen, Joachim Gruber