Эрл Гарднер - The Case of the Reluctant Model

Judge Madison regarded Burger’s flushed face, then looked at Mason, then at the defendant. “This is a most peculiar situation,” he said.

“I’m entitled to cross-examine any witness that the defendant puts on the stand as to any matter connected with the testimony the witness has given,” Hamilton Burger said doggedly.

“But this is a proceeding in voir dire, ” Judge Madison ruled.

“That makes no difference. I’m entitled to a cross-examination.”

“Provided the question relates to issues which are relevant to the case. You can’t cross-examine a witness on issues which are irrelevant, despite the fact that the witness may have been asked those questions on direct examination.

“Now, you will remember, Mr. District Attorney, that the Court called your attention to the fact that some of the questions called for irrelevant testimony, but you stated that you weren’t going to make any objection, that you wanted the defense to open up all possible doors for your cross-examination.

“ You may adopt that attitude, but it is not binding on the Court. The Court doesn’t have to sit here and listen to a lot of evidence which is entirely extraneous. Now, the Court is inclined to believe that Mr. Mason is correct; that if you are going to insist on an answer to something which was not brought out in direct examination and which is not relevant, then the defense is entitled to object. The only way that it would be relevant for you to inquire into the antecedents of this picture would be if the picture itself is going to be introduced in evidence.”

“Well, the defense is trying to get it introduced,” Burger said.

“And you’re trying to keep it out,” Judge Madison ruled. “Now I want to give everyone every opportunity to present competent evidence, but I don’t want to have time taken up with extraneous matters.

“I noticed earlier in the day that this witness did not definitely state that Collin Durant had commissioned him to paint this particular picture, and now he has gone farther and has stated definitely that Collin Durant did not hire him to make this copy. Now then, you want to know who did. That question certainly is of no relevancy unless it has some bearing on the case itself, and it can have no bearing on the case unless the picture is to become a part of the case.”

“Well, I want to know about it,” Hamilton Burger said, “and I think I’m entitled to.”

“Do you now concede then, that the picture is a part of the defendant’s case?”

“No, I do not.”

“At this time, if the Court please,” Mason said, “I move that this picture, which has previously been marked for identification as a defense exhibit, be introduced in evidence as a part of the defendant’s case.”

“I object,” Hamilton Burger said. “No proper foundation has been laid.”

Judge Madison smiled and said, “Then I think I will sustain Mr. Mason’s objection to the question. I think this is a matter which calls for some investigation. It’s highly technical but, nevertheless, it relates to the introduction of extraneous matter and the cross-examination of a witness on points which even the cross-examiner contends are irrelevant to the case.”

“It’s not irrelevant on the voire dire, ” Burger said.

“But the picture itself is irrelevant?”

“Yes.”

“Then,” Judge Madison said, “if it wasn’t ordered by the decedent, and it wasn’t ordered by the defendant, what possible reason could there be for finding out who ordered it?”

“I want to know,” Hamilton Burger said. “I’d like to satisfy my curiosity.”

“Your curiosity isn’t one of the things that’s in issue in this case,” Judge Madison said. “I’m trying to restrict the evidence to pertinent questions. If you’re going to object to the introduction of this picture, I presume you intend later on to move to strike out all evidence concerning the picture on the ground that it is incompetent, irrelevant and immaterial.”

“That is true, Your Honor,” Burger said.

“Under those circumstances,” Judge Madison said, “until this picture is further identified, I am not going to force this witness to divulge the names of his clients, particularly when it appears that the name of that client has nothing to do with the issues in this case. Or, to put it in another way, until there is something to make it appear that the name of the client would have anything to do with the issues. I think I will sustain the objection.

“However, it is so close to the hour of afternoon adjournment that I am going to hold the matter over until tomorrow morning. Quite frankly, I want to look up some of the authorities in regard to the right of cross-examination on extraneous evidence.”

Again Hamilton Burger had a brief, whispered conference with his associate, then said, “If the Court please, I have no objection to a continuance. I, too, would like to look up some authorities. We will take the matter up in the morning.”

“Very well,” Judge Madison said. “Court is adjourned until nine-thirty tomorrow morning.”

Back in Mason’s office the lawyer settled back into the cushioned swivel chair, stretched his arms above his head, heaved a deep sigh and grinned.

“When you can take a gamble like that and come out, it’s really something,” he said.

“What do you mean you’ve come out?” Drake said. “You’ve just postponed the evil day of reckoning for a few hours. Tomorrow at nine-thirty you’ll have to go back and face the same old situation.”

“Oh, no, I won’t,” Mason said.

“What makes you think you won’t?”

“In the first place,” Mason said, “the word got around the courthouse that I was going to put the defendant on the stand in a preliminary hearing. That brought our old friend, Hamilton Burger, in for the kill.

“The fact that Hamilton Burger was coming in for the kill caused all the newspaper reporters to attend the trial in order to see the showdown.”

“Well,” Drake said, “since the showdown was postponed until tomorrow, the reporters will be there tomorrow and your client will be cross-examined and Hamilton Burger will want to know what it was Durant had on her that forced her to obey his wishes, and ask her if it is true that she would betray her friendships in order to save her own bacon; ask her if she didn’t know she was participating in a swindling game, ask her if she didn’t betray Rankin’s friendship — he’ll rip her to pieces.”

Mason said, “I have news for you, Paul. There isn’t going to be any tomorrow.”

“What do you mean?”

“Let’s look at it logically. The whole thing snapped into shape as soon as I knew that Collin Durant didn’t order that forged painting and that Goring Gilbert had never delivered it.”

“What does that have to do with it?”

“Everything.”

“All right,” Drake said. “It was a skin game of some sort. Now, what was it?”

“It was an interesting skin game,” Mason said, “but the person who ordered the forged painting and paid for it is the one who holds the key to the whole situation.”

“Who paid for the forged painting?” Drake asked.

Mason smiled and shook his head. “We don’t know — yet.”

“He’s being mysterious, Paul,” Della Street said. “He’s going to play you like a trout. He’ll have your curiosity aroused to fever pitch before he’ll let you off the hook.”

“I’m at fever pitch now,” Drake said, “and I don’t get it.”

“All the factors are there,” Mason said. “The painting was forged. It cost two thousand dollars. It was never delivered. The money was paid in hundred-dollar bills. Collin Durant had ten thousand dollars in hundred-dollar bills and got murdered.