Эрл Гарднер - The Case of the Sleepwalker's Niece

Duncan said savagely, “No, it isn’t.”

“How do you know it isn’t?” Mason asked.

“Well,” Duncan said, “I don’t think it’s the same one.”

“You want the Court and the jury to understand that you could see that carving knife plainly enough to identify it?”

“Not to identify it, but I could get a general description of it.”

“And you’re certain this wasn’t the carving knife?”

“I don’t think it was.”

“Are you certain it wasn’t?”

“Well, of course, I couldn’t be certain at that distance.”

“Then you can’t be certain that this knife, which has been introduced by the People as Exhibit Number Two, was the same knife, can you?”

“Well, no,” Duncan said, “I can’t.”

“I think,” Mason remarked, “I’m going to ask the court to have this second knife marked for identification as defendant’s Exhibit A.”

“I object,” Burger shouted. “That knife, Your Honor, doesn’t enter into the case in any way. That is simply a trick by which the counsel for the Defense has sought to becloud the issue. I can prove that counsel for the Defense got that knife long after the murder through a hardware…”

Mason whirled savagely toward him, but before he could interrupt, Judge Markham had snapped forth a ruling. “That will do, Mr. District Attorney. Never mind what you can prove as to the source of the knife. This witness has testified that the figure he saw in the patio was carrying a knife which he thinks was People’s Exhibit Number Two; that it was, at any rate, similar in appearance. It is legitimate crossexamination to produce another knife and ask him the questions which Counselor Mason has asked. No objection was made to those questions when they were put to the witness. Counselor is now asking only that the knife be marked for identification, in order that the identical knife concerning which the witness was interrogated can be identified. It is entirely proper. The Court will mark the knife for identification as defendant’s Exhibit A.”

Mason turned, suddenly whirled to face Duncan and said, “Mr. Duncan, isn’t the real reason that you were able to go back to sleep due to the fact you didn’t realize at the time the figure you saw was carrying a knife?”

“I saw that he was carrying something in his hand, something that glittered.”

“But isn’t it a fact that you didn’t realize that it was a knife and it wasn’t until after the murder had been discovered the next morning that it occurred to you that it must have been a knife. Didn’t you see merely a white figure walking in the patio? Didn’t you think it was someone walking in his sleep; and didn’t you decide that you weren’t going to interfere, but safeguarded yourself against intrusion by locking your door, and then went back to sleep?”

“I didn’t say the man was walking in his sleep.”

“But I’m asking you if it isn’t a fact.”

“Yes.”

“And isn’t it true that the only reason you were able to go back to sleep was because you didn’t see a knife in his hand clearly enough to recognize what the object was?”

“No, I don’t think so.”

“Can you be more positive than that?”

“Yes. I saw the knife.”

“Now, the figure went to the coffee table in the patio?”

“Yes.”

“Did you see him raise the lid of the coffee table?”

“Yes.”

“And you saw the figure then leave the coffee table, walk across the patio and leave the patio by the door which you have indicated?”

“Yes.”

“After the figure left the table, did it continue to carry the knife?”

“Why, yes… I don’t know… I can’t say.”

“Would you say that it was not carrying the knife?”

“I wouldn’t say one way or another.”

“Then it is possible that the figure left the knife in the oblong receptacle underneath the top of the coffee table?”

“I can’t say.”

“Are you certain that the figure had a knife before it reached the coffee table?”

“Objected to, as already asked and answered a dozen different times,” Burger said.

“I’ll let him answer this one question,” Judge Markham ruled, leaning forward and staring steadily at Duncan.

“Yes,” Duncan said, “he had a knife in his hand.”

“You’re certain of the identity of the figure you saw?” Mason asked.

“I am.”

“It was the defendant?”

“It was.”

“How was he dressed?”

“Only in a night shirt.”

“His feet were bare?”

“Yes.”

“How close was he to you when you first saw him distinctly?”

“He crossed in front of my window.”

“And threw a shadow on your face?”

“Yes.”

“But at that time you couldn’t see him distinctly. You were in bed and you wakened from a sound sleep, is that right?”

“Yes.”

“How far away was he when you first saw him clearly?”

“I can’t tell you exactly.”

“Can you point out on the map?”

“Yes, he was approximately here.” Mason marked the spot with a crayon, then, by referring to the scale of the map, said, “In other words, he was approximately thirtyfive feet away?”

“It may have been that, yes.”

“His back was to you?”

“Yes, I believe it was.”

“And yet you recognized him?”

“I recognized him.”

“You understand the importance of being absolutely correct in your testimony?”

“I do.”

“You understand the seriousness of this trial?”

“Certainly.”

“And yet you are willing to swear positively that this figure which you saw, wearing only a nightgown, a figure walking away from you, at a distance of thirtyfive feet, in the moonlight, was the defendant?”

“I do.”

“You looked at the clock when you got up?”

“Yes.”

“And again when you came back to bed?”

“I think so, yes.”

“What time was it when you first got up?”

“Exactly three o’clock.”

“What time was it when you came back to bed?”

“Why, just about the same time, I don’t suppose over thirty seconds had elapsed.”

“And you noticed the hands of the clock for the second time, just before you got in bed?”

“Yes.”

“As a matter of fact, wasn’t it quarter past twelve?”

“No.”

“When you first reported what you had seen, didn’t you place the time at quarter past twelve?”

“I may have.”

“At that time, your recollections were more vivid and fresh than they are now, were they not?”

“No.”

“They weren’t?”

“No.”

“Do I understand you to say that your recollection becomes more vivid with the passage of time?”

“It does in this case, yes.”

“Because when you learned the killing must have taken place at approximately three o’clock you transposed the position of the hands of the clock in your mind so that you could be a star witness in this case and…”

Judge Markham pounded with his gavel. “I think, Counselor, that about the star witness is unnecessary.”

“I wish to show the motive of the witness.”

“It isn’t so!” Duncan shouted. “I know now that it was three o’clock in the morning. There’s no chance it was quarter past twelve.”

“Your eyesight’s good?” Mason asked.

“Very good.”

“And it was on the morning of the fourteenth?”

“Certainly.”

“You wore glasses, didn’t you?”

“I have worn glasses for thirtyfive years.”

“And you were wearing glasses habitually during the period covered in your testimony?”

“Yes.”

“Did you put on your glasses when you got up to look out of the window?”