Эрл Гарднер - The Case of the Daring Divorcee

“Yes, sir.”

“And that Mrs. Hastings told you her husband had given it to her for her protection, particularly when she was driving at night?”

“Yes, sir.”

“Did she say anything about how often she carried it?”

“Well, not in so many words, but I gathered that she carried it a good deal of the time in her handbag.”

Judge Fallon looked at Ellis. “That of course is a conclusion. Does the prosecution wish to strike it out?”

Ellis smiled and said, “The prosecution does not wish to strike it out, Your Honor. Let defense counsel go right ahead. Such a cross-examination may be a little hard on his client but the prosecution certainly doesn’t want to stop it in any way.”

“There is no need for making such a comment,” Judge Fallon said. “The Court merely called attention of the prosecution to the fact that the witness had testified to an obvious conclusion.”

“And the prosecution has no desire whatever to interpose objections to this line of testimony,” Ellis said.

Mason turned to the witness. “You gathered from the conversation you had that she had been given this gun, that it was her property?”

“Yes, sir.”

“And that she was carrying it?”

“Yes, sir.”

“And knew how to use it?”

“Yes, sir.”

Ellis turned to survey the spectators in the courtroom with a broad, triumphant grin.

“And you say this was Mrs. Hastings, with whom you had these conversations?”

“Yes, sir.”

Mason’s eyes twinkled. “Was it Adelle Sterling Hastings, the defendant in this action?”

“No, sir. Those conversations were with Minerva Shelton Hastings, the former wife.”

Abruptly the grin faded from Ellis’s face. A look of sickly consternation replaced it as he jumped to his feet. “Now just a moment, Your Honor, just a moment,” he said. “This now appears to have been a carefully planned trap hatched up between defense counsel and this witness, knowing that when he said Mrs. Hastings I would assume he meant the defendant. I object to these questions, I move to strike out the answers on the ground that they are conclusions of the witness.”

Judge Fallon said sharply, “You had your opportunity to interpose an objection. The Court noticed the manner in which the witness referred, not to the defendant, but to Mrs. Hastings, and knowing that there were two Mrs. Hastings the Court followed the examination with considerable care. The witness carefully refrained from ever mentioning the defendant. He referred simply to Mrs. Hastings.”

“It was a trap — a deliberately prepared trap,” Ellis said.

“I know of no law,” Judge Fallon said, “which prevents defense counsel from putting traps along the road he expects his adversary to follow. I’m afraid, Mr. Deputy District Attorney, you’re going to have to look out for your own traps. In view of the fact that there were two Mrs. Hastings, the Court noticed the peculiar wording of the answer of the witness and wondered if you intended to ask the witness to specify which Mrs. Hastings he was referring to. The answers will stand.

“Do you have any more questions of this witness, Mr. Mason?”

“I have no further cross-examination,” Mason said.

Beason started to leave the stand.

“Just a moment, just a moment,” Ellis said. “I have a couple of questions.”

Beason settled back into the seat.

“You discussed your testimony with Mr. Mason before coming into court?” Ellis asked.

“Yes, sir.”

“And did Mr. Mason tell you that you probably would be asked if you had ever seen a gun similar in appearance to the one which has been introduced in evidence in this case as the murder weapon?”

“Yes, sir.”

“And did you tell Mr. Mason that you had seen such a gun in the possession of Minerva Hastings?”

“Yes.”

“And didn’t Mr. Mason tell you that if you had an opportunity you were to state that you had seen such a gun in the possession of Mrs. Hastings, without mentioning that it was Minerva Hastings?”

“He said something to that effect, yes.”

“Now then,” Ellis said, smiling triumphantly, “did you ever see a similar gun in the possession of the defendant, Adelle Sterling Hastings? Now, answer that question yes or no.”

“Yes.”

“Was it in her handbag?”

“Yes.”

Again Ellis turned to the spectators in the courtroom with a triumphant smile. “That,” he announced, “is all.”

Again Beason started to leave the stand.

“Just a moment,” Mason said, “I have a few questions on recross-examination.

“Did you ever see a gun in her purse more than once?” Mason asked.

“Yes. There was another time.”

“When was that?”

“I can’t remember the exact date.”

Mason said, “Then you saw two guns in her possession. One,” Mason said, holding up the index finger of his left hand, “the gun that the decedent purchased which was not the fatal gun, and two,” here Mason held up the index finger of his other hand, “the gun that was the fatal gun?”

“Just a minute, just a minute,” Ellis said, “I object to the question as calling for a conclusion of the witness.”

“I don’t see how that calls for a conclusion of the witness,” Mason said.

“He can’t tell whether there were two separate guns,” Ellis said. “Unless he compared them with the numbers he doesn’t know what gun it was.”

Mason smiled at Judge Fallon. “I think,” he said, “the district attorney has made my point perfectly. The witness saw a gun. He doesn’t know whether it was the fatal gun which some murderer had substituted in the witness’s golf bag, or whether it was a weapon which the decedent had given the defendant for her own protection and which had been stolen from her.”

Mason made a little bow to the assistant district attorney and said, “And, if the Court please, that concludes my recross-examination.”

“Now, wait a minute,” Ellis said, “that’s not a fair presentation. The witness should answer the question.”

“He can’t answer the question,” Mason said, “because you’ve objected to it.”

“Well, there hasn’t been any ruling of the Court,” Ellis said, and then added suddenly, “I’ll withdraw the objection.”

“Very well,” Mason said, “answer the question, Mr. Beason.”

“I don’t know what gun it was,” Beason said. “It could have been the same gun both times, it could have been different guns, it could have been any gun. I understand that Smith and Wesson manufactures thousands of guns, all of which are identical.”

Ellis said irritably, “It’s quite easy for the witness to answer the question in that manner after counsel has so adroitly pointed out the proper answer to make under the guise of making an objection.”

“If the Court please,” Mason said, “I didn’t make the objection. The prosecution did that.”

“I have no further redirect,” Ellis said.

“That’s all, Mr. Beason. You’re excused.”

“You’re excused,” Judge Fallon said to the witness.

Ellis glanced at the clock.

Judge Fallon nodded imperceptibly, said, “It is the hour for the usual noon adjournment. Court will recess until two o’clock this afternoon.”

The spectators rose as Judge Fallon left the bench and went through the door leading to his chambers.

Mason caught Simley Beason’s eye and beckoned to him.

Taking Beason’s arm, Mason stood close to him where there was no chance of being overheard and said, “What were you afraid of, Beason?”

“Afraid?” Beason asked, his voice showing surprise. “What do you mean, afraid? I wasn’t afraid. I didn’t want to help the prosecution’s case any more than necessary.”