Эрл Гарднер - The Case of the Fenced-In Woman

“I think,” he said, “this concludes my direct examination of this witness, at least for the time being; but inasmuch as it is necessary to develop this case in episodes, so to speak, I may wish to recall the witness later.”

“No objection,” Mason said.

“Do you wish to reserve your cross-examination until the conclusion of the testimony?” Judge Fisk asked Mason.

“I would like to ask a few questions now and then I might ask other questions later on,” Mason said.

“Very well, go ahead.”

“You have intimated,” Mason said, “that these securities and the briefcase which you found in my possession were taken by me from my clients here in Los Angeles and taken to Las Vegas, Nevada.”

“I didn’t know I had intimated it,” Tragg said, smiling affably. “It’s what I thought — of course.”

Tragg’s slight hesitation before adding the words of course, and his smile, gave force to his point.

“Did you have any evidence that I had received those securities in Los Angeles and had taken them to Las Vegas?”

“I did not uncover any direct evidence,” Tragg said. And then added gratuitously, “Those things are seldom done in the presence of the police, you know, Mr. Mason.”

There was a ripple of laughter from the crowded courtroom.

“I think,” Judge Fisk said, “that I will ask the witness to refrain from these voluntary statements and simply answer the questions. After all, Lieutenant, you’re a police officer, you have been on the witness stand many times, you are familiar with courtroom procedure and you know only too well the effect of what you’re doing. I feel that the hearing will be more orderly if you abide by the rules.”

“I’m sorry, Your Honor,” Tragg said.

“Proceed,” Judge Fisk announced.

“Now then,” Mason said, “when you started groping around the edges of the swimming pool looking for something that would be a key to the wet shirt sleeves of the decedent, did you get your shirt sleeves wet?”

“No, sir,” Tragg said, “probably because I wasn’t in any great hurry.”

“What did that have to do with it?”

“I rolled up my sleeves.”

“Both of them?”

“Yes... No, I’m mistaken on that, Mr. Mason. I’m sorry. I rolled up my right shirt sleeve up above the elbow.”

“You didn’t roll up the left sleeve.”

“No.”

“And didn’t get it wet?”

“No. I used my right arm entirely in my explorations.”

“Thank you,” Mason said. “I think that’s all at the moment.”

“Call Oliver Ivan to the stand,” Ormsby announced.

Ivan was a middle-aged individual, rather heavyset, stolid, unemotional and quietly positive.

“What is your occupation?” Ormsby asked.

“I run a hardware store.”

“Were you operating a hardware store on the fifteenth of March of this year?”

“I was.”

“Where?”

“Next to the Village Motion Picture Theater on Dupont Street.”

“Have you ever seen the defendants before?”

“I have.”

“When did you first see them?”

“The first time I can remember seeing them was on the fifteenth of March.”

“At what time?”

“Sometime between twelve and twelve-thirty.”

“Did you have any conversation with them?”

“Yes.”

“Did you conclude any business transaction with them?”

“Yes.”

“What was the business transaction?”

“They wanted to buy a knife.”

“They were together?”

“Yes.”

“Did you sell them a knife?”

“I did.”

“Would you recognize that knife if you saw it?”

“I would.”

“I show you People’s Exhibit G and ask if that is a knife you have seen before?”

“That is the identical knife that I sold them. It has my price mark on the blade. It has both the selling price mark and my private cost mark on the blade. The letters ‘EAK’ represent the cost to me and the selling price of the knife is penciled on the blade.”

“Was there any conversation which you overheard between the defendants as to the type of knife they wanted?”

“Yes. They conversed in low tones, but I was able to hear them perfectly. They wanted what they referred to as ‘an identical knife.’ ”

“Did they say what it was to be identical to?”

“No. Just that they wanted a knife that was identical.”

“Did you notice any peculiarity about their mannerisms?”

“The woman, Mrs. Carson, was trembling so she could hardly hold the knife. The man seemed to be rather excited, but he was trying to calm her.”

“Did you notice any evidences of affection or any indication as to how they felt toward each other?”

“The man had his arm around her quite a bit of the time, patting her on the shoulder and telling her to take it easy.”

“Now you say ‘the man.’ To whom do you refer?”

“Whenever I have said the words ‘the man’, I referred to the other defendant, Morley Eden.”

“You have no doubt that this is the knife that you sold them?”

“No doubt at all.”

“You may cross-examine,” Ormsby said.

Mason’s manner was urbane, almost casual. “You have a good-sized hardware store?” he asked.

“We carry a pretty good stock.”

“This particular knife. Do you remember where you purchased it?”

“I purchased a gross of these knives on the fourth day of February from the Quality Cutlery Company. That is a cutlery jobber.”

“Purchased a gross?” Mason asked in some surprise.

“Yes.”

“And only marked the cost and selling price on the blade of one knife?”

“I didn’t say that,” Ivan said sharply. “I simply said I had marked the cost and the selling price on this one knife.”

“Did you mark it on any of the others?”

“I marked it on all of the others.”

“A gross?”

“A gross.”

“And put those on sale?”

“Yes.”

“Then,” Mason said, “as far as you know, this particular knife could have been purchased at any time from the fourth day of February and up to the fifteenth of March.”

“I remember selling them the knife.”

“You remember selling a knife,” Mason said. “But as far as you know this particular knife, with this cost mark and selling price on the blade, could have been sold at any time after the fourth day of February and prior to the sixteenth day of March; that is, including the morning of the fifteenth of March.”

“Yes, I guess so.”

“It could have been bought by any person.”

“That is true.”

“Then as far as you can tell while you are under oath, Loring Carson, the decedent, could have purchased this knife from you and placed it in the kitchen of the home he was equipping for Morley Eden?”

The witness shifted his position uncomfortably. “I remember the conversation. I remember the transaction with these defendants.”

“You remember selling them a knife,” Mason said affably. “You identify this knife as being one of a gross shipment you received. You can’t truthfully and conscientiously go any further than that, can you?”

“No, I guess not.”

“You remember selling them a knife,” Mason went on. “I am now asking you if you can testify under oath that this particular knife now in evidence was not sold to Loring Carson prior to the fifteenth day of March of this year and after the fourth day of February when your shipment of one gross was received.”

“No, I guess I can’t,” the witness said.

“That’s all,” Mason said cordially, “and thank you for your very commendable frankness. I have no further questions.”