Эрл Гарднер - The Case of the Crooked Candle

“Then the witness obviously can’t testify to it,” Linton said.

“And the witness obviously isn’t being asked about it,” Mason announced.

“Proceed,” Judge Newark said, somewhat tartly.

“You rent rowboats?” Mason asked.

“Yes, sir. That’s right.”

“Is there any other place nearby that rents rowboats?”

“No, sir. I think mine is the only place at present where boats can be rented.”

“Now then, did you rent any boats on the Friday night when the murder was committed?”

“That also is objected to as not being proper cross examination.”

“Overruled.”

“Answer the question, Mr. Cameron.”

“I rented one rowboat.”

“Only one?”

“Yes, sir.”

“What period of time are you including in your answer?”

“From four o’clock in the afternoon on until after the body was discovered.”

“To whom was this boat rented?”

Cameron smiled. “The man’s name was Smith. He put up a deposit of five dollars and rented the boat to make some studies of the nocturnal habits of sharks. At least, that’s what he said he wanted to do.”

“And what time was this boat rented?” Mason asked.

“The boat was rented at right around nine o’clock in the evening.”

“For how long was it rented?”

“He returned it at exactly twenty minutes past ten, about one hour and twenty minutes later. I remember there was some discussion about the length of time he’d been out, and I told him to call it an hour and let it go at that because I couldn’t remember whether it had been right on the dot of nine o’clock when he started out or not.”

“Wasn’t an hour rather a short time to make a study of the nocturnal habits of sharks?”

“It depends on how many habits you want to study — and how many sharks.”

There was laughter in the courtroom.

“After all,” Linton pointed out, “the witness isn’t an expert on the subject of sharks.”

Cameron coughed deprecatingly. “It happens,” he said, “I am an expert on sharks. I’ve studied them.”

Judge Newark became interested in this phase of the testimony. “You don’t know who this gentleman was?” he asked, leaning forward. “You only knew that his name was Smith?”

“Yes, sir.”

“Did you report this to the police?”

“Well... I don’t believe I did. I don’t believe they asked me.”

“That’s the only rowboat that was rented the night of the murder?”

“Yes.”

“From what time did you say?”

“From four o‘clock in the afternoon. I rented another boat at three o’clock, but it was back by five.”

“To whom was that rented?”

“A woman who was also a stranger.”

“A woman who was unaccompanied?”

“That’s right. She was doing some fishing, however. I rent quite a few boats for fishing.”

“And this man Smith,” the judge asked, “can you describe him?”

“Yes, sir, I can. He was a young man, rather dark, very slender, and very much of a greenhorn with a boat. I remember noticing that because it impressed me that...”

“I don’t think the witness’s impressions are pertinent,” Linton objected.

“Perhaps not,” the judge agreed irritably. “However, the Court is interested in this phase of the witness’s testimony. You say that he didn’t know much about handling a boat?”

“That’s right, Your Honor.”

“Wasn’t that rather unusual for a man who had taken an interest, even if only an academic interest, in the habits of sharks?”

“That,” Cameron replied, “is what I was trying to say when this lawyer stopped me. It impressed me as being strange that a man...”

Judge Newark smiled, “I don’t think we need your impression now Mr. Cameron. Can you describe the appearance of this man in any greater detail? How was he dressed? What did he weigh?”

“Well, he was bundled up in an overcoat, and that was another thing that was — well, not exactly strange, but out of place.”

“In what way?”

“Well, Your Honor, a person who is going to row a boat will wear a good heavy jacket — a Mackinaw, or a leather coat, or something of that sort, and trousers and shoes or boots. It’s very seldom that a man who’s around rowboats much wears an overcoat — particularly an overcoat that has any class to it.”

“Why?”

“Well, you see rowboats leak — all boats leak some, and usually the bottoms of the boats are more or less messy with fish bait and things of that sort. And an overcoat in a rowboat drags down on the bottom of the boat and gets dirty. You just can’t keep an overcoat from doing it. The way a rowboat is constructed, the seat is so low that when a person sits on it, the skirt of the overcoat will drag on the bottom of the boat and in any water that’s there.”

“Yes, yes. I see your point,” Judge Newark said, quite plainly interested now. “And this man was wearing an overcoat. Can you describe the overcoat?”

“It was a light-colored overcoat, sort of a light gray, but it was a good heavy coat.”

“Any pattern in it?”

“No, Your Honor.”

“And you say he was around thirty?”

“I would say he was right around thirty — probably not over thirty.”

“And what about his appearance?”

“Well, I noticed he was rather slender with a dark complexion, and he had a sort of a stoop. I can’t describe what I mean exactly, but when you’re around the waterfront, if you’ll notice people who have worked around yachts or boats, they’re nearly always deep-chested. And you take a person who’s hollow-chested and he sort of stands out. You notice him.”

“I see,” Judge Newark said. “Now this man rented the rowboat at about nine o’clock and returned about ten thirty?”

“Yes, Your Honor, that’s correct.”

“Did he say anything about where he’d been?”

“Just out on the flat studying sharks. He had a flash-light with him.”

“Any notebook?”

“Not that I could see. I don’t know what he had in the pocket of his overcoat.”

“Did he ask any questions about the location of the mud flats?” Mason asked.

“No, sir, he didn’t. He seemed to know right where he was going. He got in the boat and started out. But you could tell that he was a greenhorn from the way he handled the boat.”

“How so?”

“Well, his stroke wasn’t regular, and he caught a crab now and then. Sometimes his oars would go down deep in the water and sometimes they’d just be breaking through the surface. He didn’t — well, he just didn’t make any headway. He didn’t handle the boat. He didn’t seem to know anything about water or about boats.”

“And that’s the only boat you rented that night?”

“That’s right.”

“And you’d recognize this man if you saw him again?”

“Yes, sir. I think I would.”

“That’s all,” Judge Newark said to Mason. “Proceed, Counselor.”

“Now then,” Mason went on, abruptly changing the subject of his cross-examination, “you were waiting for the police when they arrived, is that right?”

“Yes, sir.”

“And did you volunteer to take them out to the yacht?”

“Yes, sir. They asked me if I knew where the yacht would be, and I told them. I knew right where Mr. Burbank customarily anchored.”

“You got out there to the yacht at about what time?”

“Oh, around eleven-fifteen, I guess.”

“That was almost at dead low tide?”

“That lacked just about an hour and a half of being dead low tide. That’s right, yes, sir.”

“And by that time the boat was aground?”

“I’ll say it was aground.”

“Tilted pretty well over?”