Erie Gardner: The Case of the Lazy Lover

“Yes, sir.”

“You were, of course, quite well acquainted with Allred during his lifetime?”

“Yes.”

“When was the last time you saw him alive?”

“Objected to as incompetent, irrelevant and immaterial,” Danvers said.

“Overruled.”

“Well, it was, let me see. It was Monday evening about — oh about half-past six o’clock, I’d say.”

“Where?”

“Now you mean the last time I saw him?”

“Yes.”

“Well, it was out at his house. That is, out at the part of the house he calls his office — the place he has set aside for his office work.”

“That was Monday evening, the night of the murder?” Mason asked.

“Yes, sir.”

“What did you talk about?”

“Objected to, if the Court please, as incompetent, irrelevant and immaterial.”

“Sustained.”

“Was anyone else there with you at that time?”

“No, sir.”

“Now when you drove away from that house did you take Mr. Allred with you?”

“Yes, sir. I did.”

“In the automobile with you?”

“Yes, sir.”

“You took him up to the Snug-Rest Auto Court, didn’t you?”

“Objected to as leading and suggestive.”

“Sustained.”

“Where did you take him?”

“To a car rental on Seventh Street.”

“Then what did you do?”

“I stopped the car and let him out.”

“Did Mr. Allred tell you why he wanted you to take him there?”

“He said he wanted to rent a car.”

“Did he say where he wanted to go in that car?”

“No, sir.”

Paul Drake, pushing his way through the spectators, opened the gate in the mahogany railing which separated the bar from the spectators, tiptoed to Mason’s side and whispered, “I’ve just found out, Perry, that the D. A.’s office knows all about how Allred got to the Snug-Rest. He rented a car and driver to take him up there. He got there between nine-thirty and ten-thirty, the driver isn’t certain of the time. Of course, that doesn’t help you any because, while it corroborates Mrs. Allred’s story, it also ties right in with Fleetwood’s story.”

“Thanks,” Mason said in a whisper.

The lawyer turned to Jerome. “Mr. Jerome, you knew where Mr. Allred was going, didn’t you?”

“No, sir.”

“But you surmised it?”

“Objected to as argumentative, as an attempt to cross-examine his own witness,” Danvers said.

“Of course,” Mason pointed out to the Court, “this is a hostile witness and...”

“The Court understands,” Judge Colton interrupted. “If you want to assure the Court that this is your witness and you are calling him to prove some specific point which you can state to the Court, the situation will then be different. As matters now stand, this is merely a fishing expedition with one of the prosecution’s witnesses, and the Court will hold you to strict rules of procedure on direct examination. I take it, Mr. Mason, that you are not prepared to make any statement to the Court and Counsel of what you expect to prove by this witness?”

“No, Your Honor.”

“I thought not.”

“But,” Mason said, turning again to the witness, “you did follow Mr. Allred, didn’t you?”

“Objected to as leading and suggestive.”

“Sustained.”

“Were you at any time on Monday night in the vicinity of the Snug-Rest Auto Court?”

“Objected to as incompetent, irrelevant and immaterial. No proper foundation laid.”

“Sustained.”

“When was the last time you saw Bertrand Allred alive?”

“Objected to as already asked and answered.”

“Sustained.”

“When was the last time you talked with Robert Fleetwood before Allred’s death?”

“I can’t remember.”

“Did you talk with Fleetwood at any time on Monday?”

“I can’t remember.”

“Did you receive any message on Monday which had been left for you by Fleetwood?”

“Objected to as assuming a fact not in evidence, and attempting to cross-examine his own witness.”

Judge Colton said, “Mr. Mason, before I rule on the objection, I want to reiterate the position of the Court, which is that of being opposed to fishing expeditions by Counsel. Now, if you have any reason to believe...”

“I do, Your Honor. The witness, Fleetwood, has stated that he did leave a message for this witness.”

“Very well, the objection is overruled. Answer the question.”

Jerome said, “I received a message which I was told had been left for me by Fleetwood. It said not to make any settlement with Allred until I had talked with Fleetwood.”

“And when you talked with Fleetwood, what did he tell you?”

“Objected to as hearsay, incompetent, irrelevant and immaterial.”

“Sustained.”

Judge Colton said, “I wish to call to the attention of Counsel that my position on all of these questions will be the same. If Counsel can state to the Court that he is prepared to prove some specific fact by this witness, there will be a great deal more leniency in connection with the examination of this witness.

“However,” Judge Colton went on, “it seems that we have reached the noon hour, and the Court will adjourn until two o’clock this afternoon. The defendant, in the meantime, is remanded to the custody of the sheriff. That’s all, Mr. Jerome. You will leave the witness stand and return at two o’clock this afternoon for further examination. Court’s adjourned.”

Mrs. Allred leaned over and touched Mason’s arm. “I want to talk with you,” she said tensely.

Mason said to the deputy sheriff, “My client wants to confer with me. May I have a few minutes?”

“Okay,” the deputy said. “Not too long.”

Mason nodded, took Mrs. Allred’s arm and escorted her over to a corner of the courtroom. “What is it?” he asked.

She said, “It’s the truth, Mr. Mason.”

“What is?”

“What Fleetwood has said.”

“You mean you were in the turtleback of that automobile?”

“Yes.”

Mason said grimly, “This is a hell of a time to say so.”

“I can’t help it, Mr. Mason. I had Pat to think of.”

“What about Pat? What does she have to do with it?”

“Nothing, Mr. Mason. Nothing at all. Now don’t misunderstand me. Please don’t misunderstand me on that. That would be the last straw.”

“I was merely taking what you said at its face value.”

“No, no. When I said I had to protect Pat, I meant that I felt it would be bad for her if I should admit I’d driven that automobile over the grade. I — well, that was what was in my mind all along — to try and avoid putting Pat in an embarrassing position.”

Mason said, “Well, suppose you try telling me the truth for a change. Just what did happen?”

“It was almost the way Bob Fleetwood said. He did drive the automobile off the road and stop, and I got out and ran down to the road. He called to me and told me that my husband was unconscious. I stopped then, and I saw him standing in front of the headlights. I saw him throw a gun just as far as he could throw it out into the darkness. And then I saw him turn and walk away from the automobile.

“I think it was because he threw away that gun that I was convinced. I knew he never in the world would have done that if my husband hadn’t been unable to hurt him. And, the way he did it, made me think that — well, you know, there was a certain gesture of finality about it. So I turned around and tiptoed back to the car and peeked inside to see just what the situation was.

“Bertrand was slumped over in a corner of the car, utterly motionless. You couldn’t hear a sound.”

“Fleetwood said he was breathing very heavily,” Mason said.