entous exposition
that was to establish the guilt or innocence of the calm young
physician who sat impassively in the jail not half a mile from the
room where his life and death were being debated.
"In many respects this is the most remarkable case that it has ever
been my lot to handle," began Kennedy. "Never before have I felt
so keenly my sense of responsibility. Therefore, though this is a
somewhat irregular proceeding, let me begin by setting forth the facts
as I see them.
"First, let us consider the dead woman. The question that arises here
is, Was she murdered or did she commit suicide? I think you will
discover the answer as I proceed. Miss Lytton, as you know, was, two
years ago, Mrs. Burgess Thurston. The Thurstons had temperament, and
temperament is quite often the highway to the divorce court. It was
so in this case. Mrs. Thurston discovered that her husband was paying
much attention to other women. She sued for divorce in New York, and
he accepted service in the South, where he happened to be. At least it
was so testified by Mrs. Thurston's lawyer.
"Now here comes the remarkable feature of the case. The law firm of
Kerr & Kimmel, I find, not long ago began to investigate the legality
of this divorce. Before a notary Thurston made an affidavit that he
had never been served by the lawyer for Miss Lytton, as she was now
known. Her lawyer is dead, but his representative in the South who
served the papers is alive. He was brought to New York and asserted
squarely that he had served the papers properly.
"Here is where the shrewdness of Mose Kimmel, the shyster lawyer, came
in. He arranged to have the Southern attorney identify the man he had
served the paper on. For this purpose he was engaged in conversation
with one of his own clerks when the lawyer was due to appear. Kimmel
appeared to act confused, as if he had been caught napping. The
Southern lawyer, who had seen Thurston only once, fell squarely into
the trap and identified the clerk as Thurston. There were plenty
of witnesses to it, and it was point number two for the great Mose
Kimmel. Papers were drawn up to set aside the divorce decree.
"In the meantime, Miss Lytton, or Mrs. Thurston, had become acquainted
with a young doctor in a New York hospital, and had become engaged to
him. It matters not that the engagement was later broken. The fact
remains that if the divorce were set aside an action would lie against
Dr. Dixon for alienating Mrs. T
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