Erle Gardner - The Case of the Phantom Fortune

"Sustained. Motiongranted."

"Did Mi Mason at any time askyou to identify this sketch?"

"I thought he did. I wascertain that's what he was trying to get me to do."

"Move to strike out the answeras not being responsive and being a conclusion of the witness," Masonsaid.

"Motion granted."

"Well," Hamilton Burgersaid, "getting back to your own mind now. Did your conversation with Masonraise any doubt in your mind as to the identity of the man you had seen?"

"It did."

"In what way?"

"Well, I thought I knew whatthe man looked like pretty well, but after I'd seen that sketch half a dozentimes and after they'd talked with me about it, I began to get a littledubious."

"Did you say anything to MrMason which indicated such was the case?"

"I told him that there wassomething wrong with the picture of the fellow's mouth but the eyes werebeginning to look a little familiar. They looked like somebody I had seensomewhere."

"And what did Mr Mason say withreference, to that statement?"

"He seemed quitegratified."

"Never mind what heseemed" Hamilton Burger said. "I'm asking you what he said."

"Well, he told me that it wasvery important to get the right man and that I was to search my recollectionand do the best I could."

Hamilton Burger looked at PerryMason. "We can stipulate that that sketch was one of Collister Gideon, MrMason?"

"We can stipulate nothing ofthe sort," Mason said. "If you want to prove your case, go ahead andprove it."

"If I have to, I can put theartist on the stand and show that he made the sketch from a picture ofCollister Gideon and that in doing so he was acting under instructions."

"And how are you going to showthat was the same sketch that was exhibited to his witness?"

"Oh," Hamilton Burger saidirritably, "if you want to drag this thing out in a last-ditch fight, goahead. Actually I have a photographic copy of the original sketch made by theartist in my office."

"That's not the one that wasshown to the witness here," Mason said.

Judge Saxton said, "Well, I canappreciate, in a matter of this importance, counsel wants to protect hisrights. Why don't you excuse this witness, get the artist to produce a copy ofthe sketch and bring it here this afternoon?"

"I'll do that," HamiltonBurger said, "but I'd like to tie up the testimony of the witness."

He turned to Kearny "Did yousubsequently see a photograph of Collister Gideon?"

"Yes, sir."

"And was this sketch that MrMason's detective, Parley Fulton, showed you a likeness of CollisterGideon?"

"Just a moment," Masonsaid. "Let's get this thing in its proper sequence. That question callsfor a conclusion of the witness, and furthermore you can't ask that questionunless you can first show how he knows the picture he saw was that of CollisterGideon. If his knowledge was based on hearsay statements, you cannot connectthe picture up in that way"

Hamilton Burger made a gesture ofsurrender. "All right," he said, "all right, all right. If theCourt please, I ask to withdraw this witness until this afternoon andsubstitute Lieutenant Tragg."

"Just a moment," JudgeSaxton said. "The Court would like to ask this witness a fewquestions."

Kearny looked up at Judge Saxton.

"You were interrogated by thepolice about what you had seen on the night of the third and the early morningof the fourth?"

"Yes, sir."

"And I suppose that by the timethe morning papers came out you knew the nature of the crime that had beencommitted?"

"Yes, Your Honour."

"And you read thosepapers?"

"Yes, sir."

"In other words," JudgeSaxton said, "you didn't get very much sleep that night."

"I didn't get to bed untilabout three-thirty"

"And then this detective showedyou this picture?"

"Yes, sir."

"Did he say anything about thepicture when he showed it to you?"

"I think he said that it was acomposite sketch made by a police artist."

Judge Saxton's face was grim."I think," he said, "we'll let this witness go until thisafternoon and you may call your next witness."

"We call LieutenantTragg," Hamilton Burger said.

Tragg came forward and was sworn,testified as to his name, address, occupation, and the fact that he had been apolice lieutenant in the department of homicide for some years.

"On the fourth of this monthdid you have occasion to go to a deserted storeroom at the corner of ClovinaAvenue and Hendersell in this city?"

"I did."

"What was the occasion of yourmaking such a trip?"

"Someone had turned in a firealarm. There had been no fire, but the fire department had found a body in thebuilding and had reported accordingly, and as a result I made a trip."

"What did you find?"

"I found the body of a man whomwe subsequently identified as Collister D Gideon, dead apparently from agunshot wound, in a section of the storeroom which had evidently been fitted upas surreptitious living quarters. There were cases of canned goods, cookingutensils, a small solid-fuel stove, pans, and eating utensils. There weretowels, soap, and other housekeeping facilities."

"Was water on in thebuilding?"

"Yes, sir. Water was on in thebuilding. It was connected to a large sink and also to a toilet."

"What else can you tell usabout this building?"

"In back of the storeroom andas a part of the property, was a fairly large warehouse building."

"Was this filled withmerchandise?"

"No, sir. Not with merchandise,but there was a large number of empty cardboard cartons, some of them quite large.These had not been hauled away but were stacked in several piles in thewarehouse."

"And did you search thiswarehouse?"

"Yes, sir."

"What did you find?"

"We found the defendant hidingbehind one of the piles of cartons. He was carrying a revolver in his hippocket."

"Did he state what he was doingthere?"

"He stated that he had beentrapped by the fire apparatus, that he had heard the sirens and mistaken themfor the police and had secreted himself and been unable to get out of thebuilding before we found him."

"Did he make any furtherstatement as to what he was doing there?"

"No, sir. At about that time MrPerry Mason, his attorney, advised him to answer all statements with the words,'No comment.'"

"Did he make any furtherstatements after that?"

"Only the words, Wocomment.'"

"Did you establish theownership of the revolver?"

"Yes, sir. The revolver waspurchased by the defendant himself. I have here a certified copy of thepurchase sheet from the firearms register."

"May I have it, please?"

Lt Tragg handed the sheet toHamilton Burger.

"We ask that this be introducedin evidence," Hamilton Burger said.

"No objection," Masonsaid, "provided it is established that this is the weapon which fired thefatal bullet."

"We expect to establishthat," Hamilton Burger said.

"I want it established beforeany evidence about the weapon is received," Mason said. "We areentitled to have the case presented in proper order. If this weapon did notfire the fatal shot, then any evidence concerning it is incompetent, irrelevantand immaterial."

"If that is the position takenby defence counsel," Hamilton Burger said, "I would like to withdrawthis witness temporarily from the stand and ask Alexander Redfield, the countyfirearms expert, to take the stand."

"No objection," Masonsaid. "In fact that is, I believe, the proper procedure."

Alexander Redfield took the stand,listed his professional qualifications, and then turned to Hamilton Burgerexpectantly.

"I show you a Smith and Wessonrevolver which has previously been marked for identification," HamiltonBurger said, "and ask you if you have fired test bullets from thatrevolver."

"I have."

"I ask you whether you werepresent at an autopsy when the fatal bullet was recovered from the body ofCollister Gideon."