Erle Gardner - The Case of the Postponed Murder

“Quite obviously, Penn Wentworth was shot from a distance. There are no powder marks on his clothing or on his body. He was evidently shot from above, as Your Honour knows from talking to the autopsy surgeon. It is quite natural to suppose that he was shot through the skylight of his yacht by someone who was well above him, a distance, let us say, that was no less than six or eight feet and which stretches indefinitely into space as far as anyone could have accurately aimed a gun and fired a bullet. For instance, I believe that Mr. Eversel is an expert revolver shot and has acquired some reputation as an authority on firearms. I believe that’s correct, Mr. Eversel?”

Eversel hesitated and nodded curtly.

“Your Honour, if we’re still taking testimony, I suggest that witness Eversel be asked to return to the witness box,” Runcifer exploded.

“You let me worry about that, won’t you?” Scanlon said evenly.

Mason continued: “And you would back the statement I have just made from your knowledge of the case and your experience with firearms?”

Eversel made no move to answer.

Mason went on affably, “Well it’s of no moment. I merely mentioned it so that we can keep in mind the position of the person who fired the shot and the position of the man who was the target.

“Now let’s examine the possibilities. Let’s first consider Anders. He could hardly have committed the murder. The evidence shows that Wentworth’s yacht was only a couple of miles ahead of Marley’s cruiser when Eversel saw them. Wentworth had much the slower boat. However, making all due allowances for speed, it would seem quite apparent that Wentworth must have pulled out with his yacht very shortly after Mae Farr and Anders drove away, perhaps within half an hour. Anders says that he threw his gun away. Mae Farr also testifies to that. The evidence shows that the murder gun was found. It certainly wasn’t the gun Anders had or was carrying. Moreover, Anders went to the city and almost immediately started for North Mesa, and I understand that the police have been able to trace his movements so that they are convinced he didn’t return to the Yacht Club after his conversation with me.

“Miss Farr and I drove to the Yacht Club. We found the Pennwent gone. We returned and Miss Farr stayed with me until after I had passed the place where Anders threw the gun. She then doubled back and took Marley’s cruiser.”

“You’re admitting that?” Runcifer asked incredulously.

“Of course I’m admitting it,” Mason said. “Now let’s look at it from her view point. Suppose she had gone out and overtaken Wentworth’s yacht, as could well have happened. She couldn’t have put the Atina alongside the Pennwent without Wentworth’s knowing it was there. It’s a physical impossibility to do that without bumping and jarring. Moreover, she couldn’t have kept her boat at cruising speed, laid her alongside the Pennwent, left the wheel, and made fast to Wentworth’s yacht without help. She would have required that Wentworth either slow down or that someone help her, or both.

“However, suppose that Wentworth did slow down, suppose that Mae Farr boarded the Pennwent. Wentworth would have had to help her. They could have gone down to the cabin together. Wentworth had an automatic pilot on his yacht. There was no necessity for him to be at the wheel. But there is no likely combination of circumstances by which he could have been in the cabin and Miss Farr could have stood on the deck and shot him through the open skylight.

“Let’s take the case of Eversel. He is an aviator. He flew low over the yacht. He was armed. He’s an expert shot. But before I go into that, I want to call your attention to a significant item in these photographs. Notice the photograph which was taken by Eversel. I want to call Your Honour’s attention to this little shelf. You will notice a circular object in a case with a cylindrical object near it.”

Runcifer got to his feet and walked quickly to the Justice’s bench to examine what Mason was pointing out.

“That,” Runcifer said, “is a rare coin. Wentworth was a prominent collector of rare coins.”

“Quite possibly,” Mason said. “And with a magnifying glass you can notice certain distinctive marks on this coin. There are two parallel lines with interlacing, diagonal lines in between them.”

The Justice studied it through the magnifying glass. “Just how is that significant, Mr. Mason?” he asked.

“One moment, Your Honour,” Mason said. “Examine this picture of the cabin taken through the skylight by the police after the Pennwent was returned. There is the same shelf. But the objects are missing.”

Scanlon nodded.

“Now then,” Mason said, “we are confronted with this situation. Whatever those objects were, they were on the Pennwent when Eversel took that flashlight photograph. As soon as that photograph was taken, Eversel left the yacht. Wentworth ran back to the after cabin. Miss Farr ran out on deck and joined Anders. The two of them left the yacht together. There’s no evidence showing that Eversel, Anders or Mae Farr ever returned to that yacht.

“But here are two objects clearly shown in one photograph and clearly absent from a subsequent photograph. Why? Where did they go? Who took them?”

Scanlon said, “You have some theory about that, Mr. Mason?”

“I have,” Mason said. “I’d like to call one witness.”

“Well, I don’t know that the State has rested,” Overmeyer said hesitantly in hopeless confusion.

“Oh, what does that matter when we’re trying to clear up this case?” Scanlon said. “Go ahead, Mason. Call whoever you want.”

“Mr. Robert Grastin,” Mason announced.

A tall skinny man with sunken eyes, thin lips and high cheekbones came forward. He was in his early fifties, a man with long arms and legs, quiet and unhurried in his manner. He said, “I hate to disappoint people, but I don’t know one single thing about this case. I don’t know any of the parties.”

Mason said, “That’s quite alright. Just take the stand, and we’ll see what you know, Mr. Grastin.”

Grastin slipped into the witness chair.

Mason said, “I believe the subpoena that was served on you called for you to bring certain records with you.”

“Yes.”

“Now just so the Justice can get the picture,” Mason said, “kindly explain to him who you are and what your occupation is.”

Grastin said, “I am the secretary and treasurer of the Interurban Amateur Athletic League. That is an association of amateur athletes sponsored by an interurban busline for the purpose of promoting civic relations and—”

“And traffic?” Mason interrupted with a smile.

“And traffic,” Grastin admitted. “The theory being that interurban matches are arranged at places which are most advantageously reached by the interurban service. Prizes are awarded. Competition is encouraged, and the line receives a certain amount of advertising.”

“Now then, on the twelfth,” Mason said, “you sponsored certain athletic activities?”

“Yes, sir. On the twelfth, the open tennis tournament reached the stage of finals.”

“And on that day,” Mason asked, “do your records show who won second place in the women’s division?”

“ Second place?” Grastin asked.

Mason nodded.

“Just a moment,” Grastin said, and took from his pocket a leather backed notebook filled with typewritten sheets of paper. He ran down the page to which he had opened the book, and said, “Our records show that second place was won by Miss Hazel Tooms who resides in the Balkan Apartments.”

“Exactly,” Mason said. “Now, I am interested in going back over the records of other athletic activities. Do you have an alphabetical index showing the names of winners?”