Эрл Гарднер - The Case of the Dubious Bridegroom

Mason watched Garvin sit down, pinched out his cigarette, dropped it in the large brass cuspidor, stretched, yawned, and watched the courtroom clock tick away the precious seconds.

Then, as though just happening to think of something, he turned with a smile, leaned toward Garvin, and said, “Just answer questions. Keep a smile on your face. Did you telephone Ethel Garvin?”

Garvin tried to smile but couldn’t. “Mason, listen to me. I did telephone her. I did walk out and take my car up there. The man is telling the truth. But Lorraine is willing to stay with her alibi. She woke up and found me gone. She said what she did because...”

Mason interrupted to say, “Don’t talk so fast. Don’t talk so much. Now, settle back as though you hadn’t a care in the world. I’ll talk with you again in a minute.”

Mason straightened up in his chair, looked around the courtroom casually, as though looking for Della Street, then glanced once more at the clock, yawned again, then turned toward Garvin and said, “All right. Let’s have the rest of it.”

Garvin said, “I went up there to meet her, Mason, but she didn’t show up. I waited around for a while and then went to Hackley’s road. I parked my car and reconnoitered through the field. After a while, a damn dog heard me and started barking. After lie quieted down I worked my way to the house again. Ethel’s car came out of the driveway. I recognized the car. I couldn’t see whether she was alone or not.

“I ran back to get my car and I found I’d got myself good and lost. It took me almost a quarter of an hour to get my car. I drove down to the place where I was to meet her. Her car was there. She was in it, dead. I was smart enough not to go near the machine, not to touch anything, and not to leave any tracks. I drove back to Tijuana.”

“What time did you get there?” Mason asked.

“I don’t know. I didn’t look at my watch, but I told Lorraine I was in a jam. I woke her up and told her what had happened. I told her she was going to have to give me an alibi. That’s the whole truth, Mason. I’m sorry I lied to you. I...”

There was a sudden rustle of motion as the spectators stood up. Judge Minden emerged from his chambers, took his place on the bench. Sounds of motion and scraping chairs caused momentary confusion as the spectators regained their seats.

Garvin said, “I’ll pay anything, Mason. I’ll add ten thousand dollars or twenty thousand dollars or...”

“You haven’t half enough money to pay for what you’ve done,” Mason whispered angrily. “You’ve double-crossed me, but I won’t double-cross you. Now sit back, damn you, and shut up.”

“Who’s your next witness?” Judge Minden asked Covington.

“Call Mortimer C. Irving,” Covington said.

Irving came forward and took the stand. He avoided Covington’s eyes, caught Mason’s eyes for a moment, grinned somewhat sheepishly, then settled himself in the witness chair.

He gave the statistical information concerning his name and address to the court reporter, then looked up as Hamlin Covington arose from his chair and strode impressively forward.

“Early in the morning of September twenty-second of this year, did you have occasion to travel along the road between La Jolla and Oceanside, and at a point some two miles south of Oceanside?”

“Yes, sir.”

“What time?”

“At about twelve-fifty a.m.”

“I will call your attention to the map which has been introduced as People’s Exhibit A,” Covington said. “Can you orient yourself on that map, that is, can you look at it and understand what it is, what it shows?”

“Yes, sir.”

“Are you familiar with the territory of which that map is a scaled reproduction?”

“I am. Yes, sir.”

“On that map can you point to anything unusual which you saw at the time you were so traveling along the highway between La Jolla and Oceanside?”

“Yes, sir.”

“Please do so.”

Irving walked over to the map, placed a finger on it, and said, “I saw an automobile parked at just about this spot.”

“Anything unusual about that automobile?” Covington asked.

“Yes, sir. It was parked there with the lights on and as nearly as I could see no one was in the car.”

“Now, what time was this, as nearly as you can recall?”

“About twelve-fifty.”

“Did you do anything with reference to making an examination of that car?”

“Yes, sir.”

“What?”

“I stopped my car. I turned my car’s spotlight on that automobile and looked it over rather carefully. I thought that perhaps...”

“Never mind what you thought. Just tell us what you did.”

“Yes, sir. I turned the spotlight on the car and looked it over rather carefully to see whether there was anyone in the car.”

“Did you notice the license number of the automobile?”

“I didn’t at that time. No, sir.”

“Now can you describe that car to us?”

“Yes, sir. It was a convertible automobile of a light color. It was a large automobile. The top was up and the headlights were on. It had, as I remember it, white-walled tires.”

“Were any of the doors open?”

“No, sir, the doors were all closed.”

“Mr. Irving, I am going to ask you if since that time you have had occasion to see the automobile of Edward Charles Garvin, the defendant in this case?”

“Yes, sir, I have.”

“Can you tell us whether or not that was the automobile you saw parked there at that time?”

“It was an automobile very similar to that.”

“Thank you. That’s all. You may cross-examine, Mr. Mason.”

Covington strode back to his chair and sat down.

Mason said, “Two days later, and while this matter was fresh in your mind, Mr. Irving, you talked with me about what you had seen, did you not?”

“If that’s an impeaching question,” Covington said, “I object on the ground that...”

“It’s not an impeaching question. I’m simply asking him whether he had such a conversation. The question can be answered yes or no.”

“Did you have a conversation with Mr. Mason?” Judge Minden asked. “Just answer yes or no.”

“Yes.”

“And, following that conversation, did you ride with me down the road shown in this map?”

“Yes, sir.”

“And at that time there was an automobile with License Number 45S530 parked at about this position, wasn’t there?”

“Yes, sir.”

“And did you at that time identify that automobile with the California State License Number 45S530 as the automobile which you had seen at twelve-fifty in the morning of September twenty-second of this year?”

“Well, I didn’t identify it. I said that it looked something like the automobile I’d seen.”

“This automobile that I am referring to now is a light-colored convertible?”

“Yes, sir.”

“And you looked it over rather carefully?”

“Yes, sir.”

“And didn’t you at that time and place identify that automobile as being the one you had seen?”

“Well, I said I thought it was the one I had seen.”

“You thought so then?”

“Yes, sir.”

“But you don’t think so now?”

The witness ran his fingers through his hair. “Well, to tell you the truth,” he said, “I...”

“That’s what you’re here for,” Mason said as the witness stopped, “to tell the truth.”

“Well, of course I couldn’t make a positive identification of the car I saw there that night. I can only tell what it looked like and the general kind of a car that it was. I...”

“You’re not answering my question,” Mason said. “You thought at the time you were with me that this car I have referred to was the same car you had seen there, didn’t you?”