Эрл Гарднер - The Case of the Duplicate Daughter

“You want to call Miss Barlow as a witness. Go ahead and call her.”

“Glamis Barlow,” Hamilton Burger said in an unnecessarily loud voice.

An officer opened the door of the witness room and escorted Glamis Barlow to the stand.

“Now, just a moment,” Judge Alvord said, after the witness had taken the oath. “Miss Barlow, you are being called as a witness in this case by the prosecution. The Court feels it is only fair to you to warn you that testimony has been received indicating a strong possibility that you may be implicated in the murder which is the subject of this investigation, or that an attempt may be made to implicate you as a defendant.

“The Court advises you that you are not called upon to answer any question which, in your opinion, may tend to incriminate you. The prosecution does not have any right to call you as a witness in a case in which you are the defendant. While you are not formally a defendant in this case, you may later on become one. The Court wants you to understand your situation and the Court further advises you that if you wish to confer with counsel at any time the Court is going to give you the opportunity to do so. Do you understand?”

“Yes, Your Honor,” Glamis Barlow said.

“And,” Judge Alvord went on, “anything you may say now, any answer you may give to questions now asked you can be used against you at any time. Do you so understand?”

“Yes, Your Honor.”

“The Court has committed one witness for contempt for failing to answer a question. This Court will, however, be far more charitable with a witness who is obviously being called in an attempt to lay the foundation for a later prosecution, and where the idea seems to be to surprise her into making a statement before she has the advice of counsel.”

“I resent the Court’s remarks,” Hamilton Burger said. “I feel they are uncalled for.”

Judge Alvord said, “I do not agree. I advise this witness that if she wishes to refuse to answer any question there will be no contempt until after she has been given an opportunity to confer with counsel of her own choosing in order to see if she cares to answer such question.

“You may proceed, Mr. District Attorney.”

Hamilton Burger turned to the witness savagely. “Are you acquainted with the decedent, Vera M. Martel, or were you acquainted with her during her lifetime?”

“Objected to, if the Court please,” Mason said. “Incompetent, irrelevant and immaterial.”

The Court said, “I will overrule the objection to this question.”

“I did not know Vera M. Martel,” Glamis Barlow said.

“I will direct your attention to the morning of the thirteenth of this month and ask you if, between the hour of eight and eight thirty, you were at your residence at 6231 Vauxman Avenue?”

“I was.”

“Between those times, or at any other time during the morning, did you have occasion to go to the workshop of the defendant, Carter Gilman? Now, by that workshop I am referring to this workshop indicated on the diagram, People’s Exhibit B. I want to be sure there is no misunderstanding. I am indicating on the diagram the workshop in question. Can you orient yourself according to this diagram, Miss Barlow?”

“I can.”

“Did you go to that workshop?”

“Just a minute,” Perry Mason said. “That is objected to as incompetent, irrelevant and immaterial. It is further objected to on the ground that the question is leading and suggestive, that it is an attempt on the part of counsel to cross-examine his own witness, that very apparently this question is designed for the purpose of trapping the witness into a position where she will be forced to be a witness against herself by the time the case comes to trial in the Superior Court; that the constitutional rights of the witness are being detoured by a technique which is not a legitimate part of the preliminary hearing in this case.”

“The Court is inclined to sustain that objection,” Judge Alvord said.

“If the Court please,” Hamilton Burger said angrily, “this witness has been advised of her constitutional rights. I am asking her now if she went to that particular room on that particular date at that particular time, and I have a right to an answer to that question. The witness is not charged with any crime as yet.”

“Will you state that it is not your intention to charge her with a crime as soon as this preliminary hearing is finished?” Judge Alvord asked.

“I will make no statement whatever to Court or counsel in regard to the intentions of the prosecution. I am at the moment calling a witness who, I believe, is familiar with certain facts in this case. I want to have her testimony made a part of this record. I am within my rights, I am not abusing the process of the Court, and I insist that the witness answer that question.”

“I want to answer that question,” Glamis Barlow shouted. “I wasn’t anywhere near that room.”

Hamilton Burger’s face twisted into a triumphant grin. “Let’s not misunderstand each other, Miss Barlow,” he said suavely. “This diagram, People’s Exhibit B, shows the ground-floor plan of the house at 6231 Vauxman Avenue in this city as it existed on the thirteenth day of this month, and in the question that I asked you I indicated the workshop shown on that diagram — and so that there can be no misunderstanding about it I will now ask you to write your name on the diagram indicating the room in question which you said you did not visit on the morning of the thirteenth between the hours of eight and eight thirty a.m.”

“If the Court please,” Mason said, “I object on the ground that this is an attempt to entrap the witness and to deprive her of her constitutional rights.”

Glamis Barlow did not wait for a ruling by the Court but walked up to the diagram which had been spread out on the court blackboard.

“Just a minute, Miss Barlow,” Judge Alvord said, “do you understand that question?”

“I certainly do.”

“Do you wish to write your name upon the portion of the diagram which is indicated in the question?”

“I do.”

“Do you realize that by so doing you are giving testimony under oath as a witness in a case wherein it is quite possible you may be a codefendant by the time the case comes to trial in the Superior Court?”

“I don’t care where it is tried,” Glamis Barlow said. “I wasn’t anywhere near that room any time during the morning of the thirteenth. I slept until nearly ten o’clock and outside of leaving my room to go in the hallway and talk with Muriell Gilman I didn’t go anywhere before at least nine thirty. Then I dressed and had breakfast and left the house and didn’t go anywhere near that workroom.”

“Very well,” Judge Alvord said. “The Court is satisfied that you have been advised as to your constitutional rights. The Court doesn’t particularly approve of this procedure but I am satisfied there is no law against it. I will state to the witness, however, that even if she did not claim the constitutional privilege of refusing to incriminate herself the Court would be inclined to sustain this objection, were it not for the attitude of the witness. Go ahead and write your name on that diagram if that is what you wish to do.”

Glamis Barlow wrote her name in a firm hand on the diagram.

Hamilton Burger said gloatingly, “Now you have written your name on a section of the diagram which is labeled ‘Workroom of Defendant’ and is indicated by a rectangle with measurements to scale included in a larger rectangle labeled ‘Garage, Darkroom and Workshop.’ Is that correct?”

“That is correct.”

“And you have no difficulty in orienting yourself as to that diagram and what is indicated thereby?”