four inch gash, skull crushed, and your thought was, what?
that he. fell? hit his head on the gunnel going over?
and you weren't there, when the coroner examined the wound.
so, no. immediate suspicion, no. general talk of enmity between the two.
objection, asking the witness to speculate.
there's an objection, your h.
so when the sheriff returned, you showed him the injury to the deceased's head.
did you say more?
and why. is that?
could you tell me what 'kendo' is?
no further questions.
you were acquainted with the defendant and his family.
so the defendant knew the deceased, your son, even then.
but the dispute began. with the father, yes?
but back in '34, japanese-born could not own land. so?
why? if they could never take title.
you said neither of the last two payments were made. but your husband told defendant's father that he could pay them. what, 'down the road'.
now defendant's father had also died by that point. where was the defendant? when you sent his family their equity.
and when he came home. did he write you about this? or phone, perhaps.
what do you mean by 'dirty looks'?
when your son came back from the war, what did he say about all this?
did he see some danger from defen.
all right. what did your son say to that effect?
your witness.
were those his exact words?
robbed. he was angry.
mr. jurgensen. did he offer to buy the seven acres from you?
and then your stroke came this summer. and you put your property on the market, i believe you said september 7. which, remember, is eight days before carl heine died. and who comes spetember 7, wanting to buy?
but carl was a fisherman. and successful at it.
and later, that same day. only eight days before carl heine died. did another prospective buyer appear?
and the next one?
and the last?
so if defendant had tied up to deceased's boat. with that last one. would those cleats have lined up?
and replaced it later with the new one. that's your inference?
and when you visited defendant on his boat. the evening after carl heine's death. did it seem pretty darn clear to him?
now this regiment you were training, the 442nd, this was all nisei boys.
and you were generally experienced in training men for hand-to-hand combat.
so. wide cross-section of men to evaluate. and the day that the defendant volunteered for this.  demonstration. did you find him eager?
and what point. was that.
well, what then, sergeant?
and your evaluation of the defendant? could he kill a much larger man with a fishing gaff? so quickly, there would be no sign of struggle?
so the plan was for your husband to fish through the prime season. then, in november, sell the boat. and you would move onto the farm.
can you think back for me to the morning of september 8? the day after your husband purchased the farm. one week before his death. can you recall that morning?
objection, badgering the wi.
your husband came home agitated, after his encounter with the deceased?
you were. overjoyed yourself, to hear the news?
so, then, you. and your husband.  must have called friends, relatives, to tell them the amazing news. yes?
really? didn't call your mother, your sisters, about starting a new life. your husband never tells his brothers that the family honor is vindicated.
your husband returned at, what, seven o'clock?
so, five hours. plenty of time for a call. he was 'excited', you say. in the sense of being 'overjoyed'.
you thought the deceased might.  break his promise?
and then, something did. carl heine was found dead. with his head crushed.
up in the air? was that your reaction?
i would suggest that more happened than a land sale evaporating. a man died, mrs. miyamoto. a husband and father of small children had his skull bashed in!
i see. well, did you come forward to tell sheriff moran what you knew? the encounter in the fog, the. dead battery, was it?
why not?
but if truth was on your side, whatever were you worried about?
so you hid the truth. deliberately.
well, it seems to me.
doesn't it seem to you, mrs. miyamoto, that your mistake was in being deceitful? concealing information during the course of a sheriff's investigation.
i suppose that you mean this excuses concealing the truth. then why ahouls any of us believe you now?
question withdrawn, you may step down.
i said. no further questions.
what if the defendant follows carl. and pretends his own batteries are dead? would carl tie up and help?
is the word you're groping for'yes', perha.
rephrase. do you agree that he might tie up to the defendant's bo.
who's to say? maybe it was just a spare, after all. or maybe the defendant left it, as a potential alibi. in case somebody saw him in ship channel bank. in case we put two and two together, knowing of the hostility. between the families.
my question is. could carl have tied up to help the defendant?
right about that. and right that it 'coulda happened'.
thanks for your help. hope the witness box wasn't too warm for your comfort.
for the life of me, sir, i cannot imagine why you kept this story from the sheriff.
actually, she said you had decided. decided not not come forward.
except even when sheriff moran arrested you. you said nothing about seeing carl.
at that point, you were already under suspicion. the battery story explained things. if the story was true. and not simply something you thought up later.
why. didn't you. tell it?
but even after you had an attorney. you still claimed to know nothing. claimed not to have seen carl. am i correct?
well, 'initially' is an interesting word, sir. you'd been arrested, you had a lawyer, and you still claimed ignorance!
should have told 'everything'. meaning, you should have told the truth.
nothing to say?
my apologies. do you regret not telling the truth?
you mean, this morning. the new story, the battery story. that one is the truth? that's a question, sir.
i see. now what happened the day carl heine was found? before your arrest.
didn't go anywhere else? no errands, no purchases? just straight to the boat. that's the truth.
well, the sheriff found two batteries in your well. if you left one with carl heine, how is that possible?
conveniently, in your shed. only you didn't mention that a moment ago. why does this battery story change every time a new question is raised?
you're a hard man to trust, sir. you sit before us, with no expression, keeping a poker f.
i apologize to the court, for letting my feelings get the better of me.
no other questions. we'll go to summation.
believing that etta heine's son would never sell him the land. land that in his mind, filtered through ancient rules of behavior handed down from his ancestors' culture, belonged to his family by right.
his only choice to get the land would be to eliminate carl heine. so that ole jurgensen would need a new buyer.
in his mind. seen through codes of revenge difficult for us to fathom, this was also the only way to avenge what he felt to be the grievous dishonor brought to his father, his family.
to a thousand years of ancestry, in a foreign land we still find an enigma. despite our recent bitter experience with its ways.
thus believing cold-blooded murder to be justified. he trailed carl heine.  could hear his engine in the fog. and sounded his own horn, claiming distress.
as carl pulled alongside: 'please, carl,' the defendant must have said. 'i am sorry for what has come between us, but adrift here in the fog, i plead for your help!'
and so this good man tied his boat fast, while his enemy leaps aboard, striking the treacherous blow he was trained to strike by his father's hand.
the feud over these seven acres had festered for eight years. he argued with carl about buying the land one week before carl was killed. carl's skull was crushed, and his blood is on a murder weapon with which the defendant is a deadly expert!
and after a series of lies. the defendant at last admits he was there. alone on the boat. in the fog. carl heine's blood on his fishing gaff.
my lord. my lord.
look clearly at the defendant. see the truth self-evident in him. and in the facts of this case.
look into his eyes, ladies and gentlemen, consider his face. and ask yourself what your duty is as citizens of this community.
objection! speculation.
tht was summation, your h.
i have to start reading your paper more closely. you're quite a storyteller.
everything had to happen just right. for your little story to fly. i mean, a blond hair could be on that gunnel for a lot of reasons.
well, the freighter. the twine. the blood. the knife. the cup. the watch. the second battery. the phantom lantern. the fishing gaff. the cracked gunnel. the skull wound. the blond hair. that's eleven things.
i stand corrected, sir. and you have a neat explanation for every one of them.
and since you confess this is all pure guesswork. what is your expertise, sir, are you a detective of sorts?
but isn't the truth that there are several other ways to explain each of these twelve pieces.
your line of work. you must meet a lot of men play fast and loose with the truth.
well, the defendant is a liar. he's confessed that much. and his explanation is. he was afraid.
afraid that the good folks of this jury. would be too stupid to understand. too prejudiced to be fair.
you buy that?
greedy.
i asked you a question, you're writing a tract, h.
well, sir. i hate to spoil the soliloquy, i truly do. but the fact is. you are not on trial here. nor is judge fielding, or myself. nor the good people of this jury. for events that took place twelve years ago.
and i wouldn't blame these good people if they were a mite resent- ful. at a tactic that insults their intelligence.
were you, sir? can you prove one word of all your fancy story?