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established by an acquittal." He looked at Coombes. "I should think Mr. Coombes would be just as anxious to have his client cleared of any stigma of murder, too."
"I am quite agreed. People who have been charged with crimes ought to have public vindication if they are innocent. Now, in the first place, I planned to hold the Kellogg trial first, and then the Holloway trial. Are you both satisfied with that arrangement?"
"Absolutely not, your Honor," Brannhard said promptly. "The whole basis of the Holloway defense is that this man Borch was killed in commission of a felony. We're prepared to prove that, but we don't want our case prejudiced by an earlier trial."
Coombes laughed. "Mr. Brannhard wants to clear his client by preconvicting mine. We can't agree to anything like that."
"Yes, and he is making the same objection to trying your client first. Well, I'm going to remove both objections. I'm going to order the two cases combined, and both defendants tried together."
A momentary glow of unholy glee on Gus Brannhard's face; Coombes didn't like the idea at all.
"Your Honor, I trust that that suggestion was only made facetiously," he said.
"It wasn't, Mr. Coombes."
"Then if your Honor will not hold me in contempt for saying so, it is the most shockingly irregular—I won't go so far as to say improper—trial procedure I've ever heard of. This is not a case of accomplices charged with the same crime; this is a case of two men charged with different criminal acts, and the conviction of either would mean the almost automatic acquittal of the other. I don't know who's going to be named to take Mohammed O'Brien's place, but I pity him from the bottom of my heart. Why, Mr. Brannhard and I could go off somewhere and play poker while the prosecutor would smash the case to pieces."
"Well, we won't have just one prosecutor, Mr. Coombes, we will have two. I'll swear you and Mr. Brannhard in as special prosecutors, and you can prosecute Mr. Brannhard's client, and he yours. I think that would remove any further objections."
It was all he could do to keep his face judicially grave and unmirthful. Brannhard was almost purring, like a big tiger that has just gotten the better of a young goat; Leslie
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