Эрл Гарднер - The Case of the Reluctant Model

“No, it wasn’t.”

Mason raised his eyebrows. “Well, was the young man intoxicated, Mrs. Newton?”

“Certainly not!”

“He was in full possession of his mental faculties, as far as you know?”

“Of course.”

“Then why was it necessary for you to stand at the door of your apartment in order to show him the location of the apartment, if he already knew where it was?”

“Well, I was being hospitable.”

“But that isn’t what you said in your earlier testimony. You stated that you were standing there to show him the apartment.”

“Well, I was.”

“But he already knew the location of the apartment.”

“Well, I wanted to make certain he didn’t forget.”

“How many times had he been to your apartment prior to this visit?”

“I don’t know.”

“Oh, Your Honor,” Dexter said, “this is getting entirely out of hand. This is becoming a cross-examination of this witness as to her social life and an attempt is being made to hold her up to public ridicule simply because she was doing something that was perfectly natural: standing in the door of her apartment to welcome a visitor.”

“With open arms?” Mason asked.

Judge Madison smiled.

Dexter turned angrily to Mason and said, “It was a thoroughly natural gesture, and you know it, and this examination is for the purpose of embarrassing the witness.”

“Not at all,” Mason said. “I am simply trying to ascertain how it could be that if she was standing in the doorway watching the elevator for the purpose of seeing her friend as soon as he left the elevator in order to guide him to her apartment, she was also able to see behind her and notice the defendant leaving her apartment and walking in the opposite direction. I take it there is no claim she has eyes in the back of her head.”

Judge Madison said, “Gentlemen, let’s have no more personalities. Please address your remarks to the Court. This is quite plainly a case where a witness has been given a very perfunctory direct examination and counsel expects opposing counsel to develop the circumstances. Cross-examination of such a witness is, well, to use a popular expression, it’s loaded with dynamite. The defense attorney is forced to cross-examine, and he’s proceeding in the dark, realizing, of course, the danger which exists.

“The Court is watching the development of the situation with a great deal of interest, just as the prosecutor is watching it with a great deal of amusement. The Court certainly doesn’t intend to interfere as long as the cross-examination is within anything like reasonable limits, and the Court will confess that it has been puzzled as to how the witness could see the defendant emerge from her apartment, which was opposite to the direction in which the witness was looking, and follow her all the way to the stairs, while at the same time she was watching the elevator.”

“Well,” Mrs. Newton snapped, “I didn’t have to stare at the elevator. I was conscious of other things that were taking place. I didn’t keep my eyes riveted on the elevator.”

“Don’t argue with me,” Judge Madison said to the witness, “and don’t volunteer information. Mr. Mason will doubtless cover this point by questioning, and you may answer his questions.”

The grin had faded from Dexter’s face. He now seemed slightly concerned.

Mason said, “Now you have fixed the time as being two minutes of eight, Mrs. Newton?”

“I have.”

“And you approximated that time because of—”

“I didn’t approximate it. That’s accurate.”

“And just how did you fix it?”

“Because the television program we wanted to watch came on at eight o’clock.”

“You had expected this boy friend of yours earlier?”

“I didn’t say he was my boy friend.”

“He was a man?”

“Yes.”

“He was a friend?”

“Naturally.”

“Then I’ll refer to him as a man friend,” Mason said. “You had expected this man friend earlier?”

“I’d been waiting for him ever since... well, half past seven.”

“That was when he was due to arrive?”

“That was when I expected him.”

“So you were annoyed at the delay?”

“I was somewhat apprehensive.”

“Apprehensive?” Mason asked. “You thought perhaps he wasn’t coming?”

“No, I thought perhaps something had happened to him.”

“He’d been up to your apartment before?”

“I already said he had.”

“Was he in the habit of coming late?”

“I don’t make appointments by the clock.”

“But this time you did?”

“I made this appointment by the television.”

“Did you make the appointment, or did he?”

“Well, I suggested that... well, I don’t know. It’s just one of those things that happen.”

“So you were a little apprehensive as you were watching the elevator?”

“I had been apprehensive prior to that time. I wasn’t apprehensive when I was watching the elevator; I was expectant.”

“Was the defendant standing in the hall when you opened the door?”

“No, she came out afterwards.”

“You saw her when she emerged?”

“Well, I... yes.”

“Did you see her when she was emerging?” Mason asked.

“What do you mean by that?”

“Did you see her as soon as she opened the door?”

“The door was opened once and then closed again, and then opened the second time and the defendant came out holding this canary cage. She closed the door and hurried down the corridor.”

“Did you speak to her?”

“I didn’t have the chance.”

“What do you mean?”

“She didn’t even turn around.”

“Oh, then her back was to you?” Mason said.

“Naturally. If she was going to the stairway, her back had to be toward me. She wouldn’t have walked backwards.”

There was a slight titter in the courtroom. Judge Madison started to say something, then smiled and settled back in his chair.

“Did she have her back to you when she came out the door?” Mason asked.

“Yes.”

“Did you take your eyes off the elevator while you were watching her?”

“No, I— Well, I was sort of looking in both directions.”

“At the same time?”

“Well, alternating.”

“You were turning your head back and forth just as rapidly as you could turn it?”

“Certainly not! I was primarily interested in the elevator. I saw the defendant — well, just like you’d see anything incidentally.”

“And was her back to you when she came out of the apartment carrying the bird cage?”

“Yes. She backed out of the apartment, holding the bird cage.”

“Pulled the door shut and walked rapidly toward the stairs?”

“I’ve already told you that a dozen times.”

“So you never did see her face,” Mason said.

“I didn’t have to see her face to recognize her. I recognized her figure; I recognized her clothing.”

“So you didn’t see her face?”

“I saw her clothes.”

“So you didn’t see her face?”

“No.”

“What was she wearing?”

“A tweed coat.”

“Can you describe that coat? Was it tight-fitting or—”

“No, it was a loose-fitting, baggy, tweed coat.”

“A long coat or a short coat?”

“A long coat. It came to her knees — a little below.”

“You’d seen her in that coat before?”

“Many times.”

“And during all of this time you were waiting for your man friend to emerge from the elevator?”

“Yes.”

“And keeping your eye on the elevator so that he wouldn’t miss your apartment?”

“I wanted to welcome him.”

“Then you were standing there not because you wanted him to know where the apartment was, but because you wanted to give him your welcome in person?”