Эрл Гарднер - The Case of the Crooked Candle

Mason studied Arthur St. Claire for a few moments. The witness turned to face the defense lawyer with every exterior evidence of affable courtesy, showing an attentive interest in the questions Mason was about to ask.

“You were shadowing Carol Burbank?” Mason asked.

“Yes sir, that’s right.”

“And were you, or were you not alone on that job?”

The witness hesitated. “There was another man with me,” he said at length, and his voice had lost some of its assurance.

“Who was that man?”

“A detective.”

“From the Homicide Squad?”

“From the plain-clothes division.”

“What was his name?”

The witness glanced at Hamilton Burger. Burger said promptly, “I object, Your Honor. Incompetent, irrelevant, and immaterial — not proper cross-examination.”

“Overruled,” the judge snapped.

“What was his name?” Mason asked.

“Harvey Teays.”

“And he and you together shadowed the defendant, Carol Burbank, that Sunday?”

“Yes, sir.”

“He was present with you at the Union Terminal?”

“Yes, sir.”

“And where is he now?”

“Why, I don’t know.”

“When did you see him last?”

“I can’t remember that.”

“Now when you say that you don’t know where Mr. Teays is, what do you mean?”

“Exactly what I say. I don’t know where he is.”

“Yes? You mean you don’t know exactly where he is at this particular moment of your own knowledge, don’t you?”

“Well... Well yes, naturally.”

“Do you know whether Teays is still in the employ of the police department?”

“Well, I think he is.”

“Do you know that he is?”

“Not of my own knowledge, no.”

“As a matter of fact,” Mason said, “Mr. Teays left on his vacation, and told you he was going on his vacation, and he told you where he was going, didn’t he?”

St. Claire twisted uneasily in the chair. “Well... I don’t know what anybody tells me. I can only testify about things I know of my own knowledge.”

“But that’s a fact, isn’t it?”

“Objected to as incompetent, irrelevant, and immaterial,” Maurice Linton said. “The witness is absolutely right. Counsel has no right to call for hearsay testimony.”

Judge Newark said somewhat irritably, “Your objection comes too late. If you had objected before this witness had stated he didn’t know where Mr. Teays was, there might have been something to the point, but after the witness has stated positively that he doesn’t know where he is, Counsel certainly has a right to show what he meant by that answer, and the means of information that are available to the witness. Moreover, some of this shows possible bias.”

“I don’t see why,” Linton objected.

“It shows the animosity of the witness,” the judge snapped. “It would have been a very simple matter for the witness to have told Counsel that he didn’t know where Mr. Teays was, but did understand that Mr. Teays had left on his vacation. I don’t know the object of this cross-examination, but it’s quite apparent that Counsel is having to drag the information out of this witness. He shouldn’t have to do that on a pertinent fact — not from an officer of the law.”

“Do you know why Mr. Teays left on his vacation?”

“He wanted to get away from the routine of his work, the same way anyone wants to leave on a vacation.”

“Isn’t this rather an unusual time to take a vacation?”

“I wouldn’t know.”

“Do you know whether Mr. Teays intended to take a vacation Sunday when he was working with you on this case?”

“No. I don’t.”

“He didn’t say anything to you about it?”

“No.”

“Then suddenly he decided to take his vacation. Do you have any idea why?”

“I’ve told you all I know about that.”

“As a matter of fact,” Mason said, “didn’t Mr. Teays decide to take his vacation because he had picked up the claim check in question and because he had given it to Miss Street?”

“I don’t know.”

“But do you know that Teays did pick up the claim check and give it to Miss Street?”

“Well... I couldn’t swear that, no.”

“Why can’t you swear it?”

“I didn’t see the claim check — not closely enough to recognize it.”

Mason said with an air of dogged persistence, “Let’s get at it this way. You were shadowing Carol Burbank every minute of the time there at the Union Terminal?”

“Yes.”

“You saw her and Miss Street walk toward the taxi stand?”

“Yes.”

“You saw Miss Burbank open her purse and an oblong of pasteboard flutter out to the floor?”

“Well... Yes.”

“And you saw Mr. Teays pick that pasteboard oblong up and hand it to Miss Street?”

“She reached for it.”

“But Teays picked it up and handed it to her?”

“Yes.”

“And the only reason you now say you don’t know it was this same claim check is because you weren’t close enough to read the number on it? Is that right?”

“Well, I can’t swear it was this claim check unless I know it’s the same, can I?”

“It was a piece of pasteboard about this size?”

“Yes.”

“Approximately of this appearance?”

“Yes.”

“With perforated edges along one side?”

“Well... Yes.”

“And had a large number printed on it? You saw that much?”

“Yes.”

“How close were you to Teays when he picked it up?”

“Eight or ten feet.”

“Did Teays tell you he’d handed Miss Street that claim check?”

“Objected to as improper cross-examination, as incompetent, irrelevant, and immaterial and as calling for hearsay testimony,” Linton objected vociferously. “Mr. Teays isn’t on trial. Any statement Mr. Teavs made to this witness has no bearing on the case. He can only testify to what he saw.”

Judge Newark said, “I’m going to sustain that objection. Does the prosecutor’s office have any knowledge of why Mr. Teays happened to take his vacation at this particular time?”

“I believe he had two weeks coming,” Linton said.

“Do you know when the decision was reached that he would take his vacation now?”

“No, Your Honor, I don’t,” Linton said.

“Any further questions?” Judge Newark asked Perry Mason.

“None, Your Honor.”

Judge Newark frowned at the witness, started to say something, then changed his mind and said to the prosecutors, “Very well, call your next witness. That’s all, Mr. St. Claire.”

“Dr. Colfax C. Newbern,” Linton announced.

Dr. Newbern was a tall, self-possessed individual who took the stand and stated his full name, address and occupation in a low voice to the court reporter, his manner that of calm, professional competence.

“I will stipulate the doctor’s qualification as an expert, subject to the right of cross-examination,” Mason said.

“Very well,” Linton announced. “You are, I believe, attached to the coroner’s office, Doctor?”

“That’s right.”

“I show you a photograph and ask you if you recognize that photograph?”

“I do. That is a photograph of a body upon which I performed an autopsy.”

“When did you first see this body, Doctor?”

“I was present when the police boarded the yacht and saw the body lying on the floor of the cabin.”

“When did you next see it after that?”

“Sunday morning when I performed an autopsy.”

“What was the cause of death, Doctor?”

“The man had received a blow — a very severe blow on the back of the head. There had been a fracture of the skull and a very extensive hemorrhage. I’m trying to put this in common everyday terms so the layman will understand it.”