Erle Gardner - The Case of the Borrowed Brunette

“And what did she do there?”

“Three garbage cans were standing out there in a row. She raised the lid of the middle one, stood there briefly for a moment, apparently dropped something into it, then replaced the lid and turned back toward the main passageway.”

“This was at approximately two-twenty, and immediately afterwards?”

“Yes, sir.”

“Cross-examine,” Gulling snapped.

Mason said, “You were instructed to shadow the defendant Adelle Winters?”

“Yes, sir.”

“And had been shadowing her for some time before you saw her there at the hotel?”

“Yes, sir.”

“Both on the third and on the second?”

“Yes, sir.”

“She had gone to the Lorenzo Hotel directly from the apartment in the Siglet Manor Apartments?”

“That is correct — yes, sir.”

“Leaving the Siglet Manor shortly after two o’clock?” Mason asked.

“Yes, sir. She left the apartment at eleven minutes past two, if you want the exact time.”

“Now did you see her chop anything in the garbage can?”

“No sir. I’ve been very careful to state only what I actually saw. I was shadowing her, but I didn’t want to be noticed, so I sort of kept behind her, out of sight. While she had her back turned toward me, she picked up the lid of the garbage can; at that moment her body hid what her hands were doing. Then she apparently dropped something in. As soon as she started to turn, I ducked around a corner and got back to the lobby.”

“And she returned to the lobby?”

“That’s right.”

“Where you kept her under observation until approximately what time?”

“Well, she didn’t stay in the hotel lobby. The two women were there for a while and did some telephoning. Then they went out and did some shopping.”

“It certainly seems to me, Your Honor, that all this is far afield,” Gulling said.

“I think so too,” Judge Lindale ruled. “It may be very interesting to the defendant, and it might constitute a great temptation for a fishing expedition, but it would hardly seem proper cross-examination.”

“I’m sorry, Your Honor,” Mason said. “I’ll ask no more questions of the witness.”

“Anything about the matter on which he was examined on direct examination is perfectly permissible,” Judge Lindale said.

“No, Your Honor, I feel I have covered the ground and I have no desire to appear to be taking advantage of the Court’s request that we expedite the examination.”

“Any redirect?”

“I certainly have, Your Honor,” Gulling said. “Now then, Mr. Folsom, you have been asked whether or not you saw the defendant drop anything in that garbage can. I want to ask you just one question. If she had dropped anything, could you have seen what it was?”

“No, sir, I tried to explain that. From the position in which I stood, I could not see what her right hand was doing; her body screened the motion. In fact, I didn’t see her left hand at all. But I did see her bend over the garbage can, and I saw her left arm come up and the top of the can come up with it. I then saw her replace the cover on the can.”

“That is all,” Gulling said.

“Just a moment. In view of this last redirect,” Mason said, “I have a few more questions Of the witness. Mr. Folsom, you couldn’t see either one of the defendant’s hands?”

“I’ve said so several times.”

“I just wanted to have it clear in the record. But you did see her left arm come up, raising the lid of the garbage can?”

“Yes, sir.”

“From which you assumed that her left hand was holding the handle of the lid?”

“Naturally.”

“Now then, did you see her right arm move?”

“I’ve tried to explain that her body screened whatever her right hand was doing.”

“I’m not talking about her hand — I’m talking about her arm. Did you see her arm move?”

“No, sir.”

“Her right shoulder move?”

“Well, now, wait a minute, Mr. Mason. I am not entirely sure, but — thinking back to it — I believe there was some slight motion of the elbow and shoulder, the sort one would make in gently tossing some object into a receptacle.”

“You were transmitting reports to the Interstate Investigators?”

“Yes, sir.”

“And were under instructions to telephone a report in every half-hour?”

“If we were where we could conveniently get to a phone, yes.”

“How many men were on the job?”

“Two.”

“You were shadowing Adelle Winters, and another person was shadowing Eva Martell?”

“Right.”

“Now at the time you saw the defendant Winters do this,” Mason said, “or within a very few minutes afterward, you telephoned a report to the Interstate Investigators, didn’t you?”

“Yes, sir.”

“And in that report you stated that she had raised the lid of the garbage pail and looked into the garbage can.”

“I believe so. That’s right, yes.”

“Now, as a part of looking into it, wouldn’t she have had to move her right elbow or right shoulder?”

“Certainly not.”

“And at the time you made that report, you had no idea she had dropped something into the garbage can?”

“I wouldn’t go so far as to say that. I ‘had no idea’ of it.”

“But all your report stated was that she had looked into the can?”

“Yes.”

“Which was all you thought she was doing, at the time.”

“Well, it was one interpretation of what she had done.”

“And you so reported to your agency?”

“Yes.”

“Your recollection then of what she had done was fresher than it is now, wasn’t it?”

“I don’t think so — I think I recollect it just as well now as I did when I made the report.”

“But your original impression was that she was only looking into the garbage can?”

“Well, if you want to put it that way — yes.”

“At the time you made your report, the recollection was quite fresh in your mind. Now, about how long was it, after she went to the garbage can, that you telephoned your report?”

“I telephoned two or three minutes afterward. When I returned to the lobby, my associate took over and kept both parties under observation while I telephoned.”

“And within two or three minutes after the garbage-can episode, the two defendants were together in the lobby?”

“That’s right.”

“And in your report to the agency you said that she had looked into the garbage can.”

“Yes, sir.”

“You hadn’t had that garbage can under observation earlier?”

“No, sir.”

“And didn’t have any occasion to have it under observation afterward?”

“No, sir.”

“Therefore you don’t know but that this defendant merely did look into the garbage can and didn’t put anything into it?”

“Well, I guess so, if you want to get technical,” Folsom replied.

“I don’t want to get unduly technical, but the point may prove to be rather important in this case.”

“Well, if you want my frank opinion,” Folsom said, “at that time I may have said she only looked inside, but the way I feel about it now is that I’m absolutely certain she lifted the lid of the garbage can and dropped something inside.”

“Why didn’t that interpretation occur to you at the time you telephoned your report?”

“I can’t say,” Folsom answered. “Probably I didn’t consider the distinction particularly significant then.”

“That’s exactly the point I am trying to establish,” said Mason. “What has colored your recollection now is the realization that the point is significant.”