Эрл Гарднер: The Case of the Buried Clock

“A thirty-eight caliber Colt, police positive, double-action revolver, with all six chambers loaded, the gun bearing the number one-four-five-eight-one, and also bearing thereon two somewhat smudged latent fingerprints, which however, are readily identifiable as the fingerprints of the defendant, Milicent Hardisty.”

Hamilton Burger was too dignified to smirk triumphantly at Perry Mason as McNair would have done. He said simply, “Your witness, Mr. Mason.”

“No questions,” Mason snapped.

Hamilton Burger seemed somewhat surprised. However, he promptly called a representative of the sheriff’s office, who testified that some five years ago an application had been duly made by a citizen of Kenvale to carry a concealed weapon for the purpose of protection. The weapon was described as the Colt police positive, thirty-eight caliber, double-action revolver, bearing the number 14581.

“You have that application with you?”

“I have.”

“Did any person witness the signing of that application?”

“Yes, sir. I did.”

“It was signed in your presence?”

“It was.”

“And I will ask you who signed that application?”

“Mr. Vincent P. Blane,” the witness said, and then added gratuitously, “the father of the defendant, Milicent Hardisty.”

Hamilton Burger moved with the slow dignity of a steam roller as he got up and walked over to the witness. “I will now ask that this application to carry a firearm be received in evidence as an exhibit on behalf of the People, and marked by the clerk with the appropriate exhibit number.”

Judge Canfield glanced at Perry Mason. “Any objection on the part of the defendant, Hardisty, Mr. Mason?”

Mason managed a bold front for the jurors. “None whatever,” he said.

Hamilton Burger said with that ponderous manner which was so characteristic of him, “Your Honor, I would like to recall Rodney Beaton for a few questions. I think the Court will appreciate the position in which the prosecution finds itself. Due to the finding of this second weapon, the finding of the so-called first weapon, or prosecution’s exhibit A, becomes relatively more important... That is, the circumstances surrounding the finding assume an added significance.”

Judge Canfield said, “The court will permit you to recall the witness, Counselor.”

Burger bowed his head gravely. “Rodney Beaton, come forward, please.”

Rodney Beaton arose from his position near the back of the courtroom, advanced to the witness stand.

Once more it was Hamilton Burger, himself, who did the questioning. “Mr. Beaton, you have previously been interrogated concerning the finding of a weapon which has been produced in evidence as the People’s exhibit A. I call your attention, Mr. Beaton, to that exhibit, and also to the fact that the cartridge in one of the cylinders has been discharged. I’m going to ask you if, when you and Miss Lola Strague found that weapon, you noticed anything in connection with that discharged cartridge?”

Beaton said, “I noticed that it had been freshly fired.”

Burger shook his head. “That is a conclusion. You are not, I take it, an expert on firearms?”

Beaton smiled. “I think I am.”

Burger showed some surprise. “What has been your experience?”

“I’ve been a collector of firearms for several years. I held a State championship as a revolver shot for two consecutive years. I have shot thousands of rounds in revolvers of different types. I have studied the effects of different loads, different shapes and weights of cartridges, both by consulting the available data of firearm and cartridge manufacturers, as well as by practical observations of my own.”

Hamilton Burger’s face showed great satisfaction, “And as a result of your knowledge, do I understand you to say that this weapon had been recently fired?”

“Within twenty-four hours,” Beaton said positively.

“How can you tell?”

“By the smell of powder fumes in the barrel. There’s a certain subtle change in odor after a weapon is fired. For the first few hours there’s a decided acrid odor, which later gives way to a more metallic smell.”

“Now, you have pointed out on the map, People’s exhibit C, the approximate spot where this weapon was found. Can you state anything in connection with the physical appearance of the ground?”

Beaton said carefully, “The weapon, when Miss Strague and I found it, was lying in some pine needles, which in turn were on a rather soft stretch of ground. The weapon was indented in the ground, as though it has been stepped on.”

“Were there any marks of struggle?”

“The pine needles would not hold clear-cut footprints, but there was a certain scuffing of the pine needles in the immediate vicinity. I’m accustomed to studying tracks in connection with my photographic activities. A deer in deep pine needles will leave a certain scuffed-up track, and I thought for a while these were deer tracks, but I changed my mind when—”

“Never mind your conclusions, Mr. Beaton. Simply state the physical appearance of the pine needles.”

“Well, they were scuffed up.”

“You may cross-examine,” Burger said to Perry Mason.

“What brought you to this particular place,” Mason asked, “at the time you discovered the gun?”

“Miss Strague and I were prospecting for a camera location. For some time I had been planning to set up one of my camera traps at a spot immediately to the south and west of the granite outcropping. A careful study of the tracks of animals, however, convinced me at the last minute that there was a better location for the camera to the south and east of this rock outcropping.”

“At approximately the point where the weapon was discovered?”

“Yes, sir. I was making a survey there, preparatory to placing the camera there.”

“And previously you had made a survey of the point to the south and west?”

“That’s right.”

“And on this particular occasion, when you and Miss Strague found this weapon, you took notice of the tracks, Mr. Beaton?”

“Yes, sir.”

“And you state that you have made it a point to notice tracks?”

“Yes, sir. I consider myself something of a naturalist. In getting night photographs of nocturnal animals, one must necessarily place cameras with some degree of skill — at least if first-class photographs are to result.”

“During the time that you were making a survey of this locality, did you see any clock, or did you hear the ticking of any clock, or did you—”

Hamilton Burger was up on his feet, clearing his throat importantly as he arose. “Your Honor,” he interrupted, “it seems that — no, Your Honor, pardon me Counselor, finish the question.”

“Or,” Mason asked, “did you notice any indication that the ground had been disturbed in any way?”

“Your Honor,” Hamilton Burger said, “this is objected to as incompetent, irrelevant and immaterial, as not proper cross-examination. If the defendants wish to get any evidence concerning a clock into this case, it will be necessary for them to introduce it on their own case and as part of that case. Furthermore, it appears that an attempt at this time to drag an alarm clock into this case, and to enshroud it with some sinister significance, is merely an attempt to confuse the issues and the jurors. I challenge counsel to point out to the court at this time any possible theory on which this clock can have anything to do with the murder of Jack Hardisty.”

Burger sat down.

Mason smiled and said, “At this time, Your Honor, I am only cross-examining the witness to test his recollection, and to determine the nature and extent of the search he made at that time.”