Erle Gardner - The Case of the Substitute Face

“Never mind what you gathered,” Judge Romley said. “Just give us your best recollection of what was said and who said it.”

“Well, Mr. Newberry, or Mr. Moar, said, ‘I tell you, it has to be handled my way. I’ve already discounted that. You keep your fingers out of it.’”

“And then what happened?” Scudder asked.

“Mr. Newberry walked rapidly toward the open stairway which led to the boat deck and started up.”

“How was he dressed?”

“He was wearing a tuxedo.”

“Was he wearing any overcoat or raincoat?”

“No.”

“And was this staircase exposed to the rain?”

Mason said, casually, “If Counsel is going to lead the witness throughout her entire testimony, I suggest Counsel should be sworn.”

The judge said, “You will avoid leading questions as much as possible, Counselor.”

“All this is merely preliminary,” Scudder retorted. “There can be no question about it.”

“We’re coming to the point in this young woman’s testimony where’ there’s going to be lots of question about it,” Mason said. “I don’t want Counsel to elicit that testimony by leading questions.”

“Counsel won’t,” Scudder snapped.

“Proceed,” Judge Romley ordered.

Aileen Fell said, “Rain was falling in torrents. That staircase was entirely open and unprotected. I could see rain beating down on the shoulders of Mr. Moar’s coat as he started up the stairs.”

“And what did the defendant do?”

“She ran after him and started up the stairs. Mr. Moar turned and protested. He told Mrs. Moar to go back to her cabin.”

“And what did Mrs. Moar do?”

“Waited until he had ascended the stairs, and then she ran up the stairs.”

“And how was she dressed?”

“She had on a dark dinner dress.”

“Any wrap of any sort?”

“No, it was a backless gown. The rain was simply pouring down on her bare skin.”

“Then what happened?”

“They went up on the boat deck. I heard the sound of their feet on the deck above me. Then, after a while, I heard a scuffle, the sounds of a struggle...”

“I move to strike the words ‘scuffle’ and ‘struggle’ as conclusions of the witness, ” Mason said.

“Motion’s granted.”

“Just what did you hear?” Scudder asked.

“Well, I heard just what I told you. I don’t know how to express it otherwise.”

“You heard the sound of feet on the deck above you?”

“Yes.”

“And what was the nature of that sound?”

“It was a series of rapid scuffs, with dragging sounds in between, just the sort of noises which would be made by two people...”

“Never mind that,” Scudder said. “I think the Court understands what you heard. Now tell what you did .”

“Well,” she said, “after a few minutes of that, I started to go up the stairs to the boat deck to see what was happening. I was half way up the stairs when I heard the sound of a shot. When I got to the top of the stairs I...”

“Now, just a minute,” Scudder said. “Let’s get this all in order. You went up the stairs to the boat deck. Now, by those stairs, are you referring to the same stairs up which Mr. Moar and Mrs. Moar, the defendant in this action, gained the deck?”

“Yes, sir.”

“And were there lights on the boat deck?”

“No, sir. The boat deck wasn’t illuminated, but there were lights in the hospital section.”

“Where is that?”

“It’s just forward of the gymnasium. The stairs are at the after part of the ship. There are two stairways, one on the left side and one on the right side. I went up the stairs on the left side. The gymnasium is right at the head of those stairs. Then there is a court for playing deck tennis, and beyond that is a section of the ship set aside for hospital rooms.”

“There was a light in this hospital section?”

“Yes.”

“Could you see that light through a door or through a window?”

“Through both. A window was open — that is, I mean there was no shade across it — and the door was standing open.”

“How far were you from that open door?”

“Oh, perhaps fifty feet.”

“Very well. Now tell the Court what you saw.”

“I saw Mrs. Newberry — that is, Mrs. Moar, the defendant in this action, the woman sitting over there — standing over her husband’s body. Her husband was stretched out on the deck, motionless.”

“And what did the defendant do?”

“She reached down and picked the body...”

“Now, when you say ‘body,’” Scudder interrupted, “you mean the same thing which you have previously referred to in your testimony as the motionless form of Mr. Moar lying there on the deck?”

“Yes, sir.”

“What did she do?”

“She put her hands under his armpits, half lifted him, and started to drag him toward the rail.”

“Then what happened?”

“When the boat rolled over to the right, she couldn’t make any headway. But when the boat rolled to the left, she moved very rapidly. Just then the boat gave a sudden lurch. The defendant ran the body down to the rail, then lifted it, raised the revolver and shot him again. Then she pushed him into the ocean.”

“ Then what did she do?”

“She ran forward along the boat deck, and I lost sight of her when she ran around behind the hospital.”

“What did you do?”

“I screamed.”

“Now, do you know what time this was?” Scudder asked.

“I do. I know exactly what time it was.”

“What time was it?”

“It was a few moments after nine. Just before I heard the first shot, I had heard the ship’s bell ring twice. That’s nine o’clock, according to ship time — two bells in the evening.”

“You may cross-examine,” Scudder said.

Mason got slowly to his feet. “How was Mrs. Moar, the defendant in this case, dressed?” he asked.

“Just as I told you,” Aileen Fell snapped back at him, with the quick enunciation of one who fancies herself rather good at repartee and is determined not to be worsted in a verbal exchange. “In a dark, backless formal gown.”

“It was the night of the captain’s dinner on shipboard?” Mason asked.

“Yes.”

“And how were you dressed?”

“In my raincoat, just as I’ve told you. Standing in the shadow, as I was, it was virtually impossible to see me...”

“I’m not asking you now about your raincoat,” Mason said. “I want to know what you had on underneath your raincoat.”

“What I... What I had on underneath my raincoat?”

“Exactly,” Mason said.

“Why... I don’t see what different that makes.”

“What I’m getting at,” Mason said, “is that you also were wearing an evening gown on that occasion, were you not?”

“Yes.”

“A light blue silk print?”

“Yes. That’s right.”

“You were dressed for the captain’s dinner?”

“Yes.”

“And after the captain’s dinner, you decided to go on deck?”

“Yes.”

“You went to your stateroom and put on your raincoat and beret? Did you put on anything else?”

“No.”

“You’re absolutely certain?”

“Yes.”

“You didn’t pick up anything in your stateroom, other than the raincoat and the beret?”

“Mr. Mason, I fail to see what that has to do...”

“Did you pick up anything else in your stateroom?”

“That’s none of your business.”

Judge Romley swung around in his chair to frown down at the witness and said austerely, “The witness will confine herself to respectful answers to Counsel’s questions. The question was whether you picked up anything else in your stateroom. Did you or didn’t you?”