Эрл Гарднер - The Case of the Spurious Spinster

“I think I will permit it, however,” Judge Elmer said. “While this is a preliminary hearing for the purpose of determining whether there is reasonable cause to connect the defendant with a crime, the fact remains that it is a hearing in a court of law. The defense cannot be expected to know all of the prosecution’s case. It is the theory of the law that the defense be given every opportunity to explain the facts.”

“If the Court please, these facts are susceptible of only one explanation,” Hamilton Burger said, “and I feel that Mr. Mason’s desire to further cross-examine Mr. Campbell is simply for the purpose of gaining time and laying foundation for some possible conflict in the evidence when the case comes on for trial in the Superior Court. We have certainly established a prima facie case and are entitled to a ruling of the Court at this time. If Mr. Mason wants to call Endicott Campbell as his own witness he can do so.”

Judge Elmer shook his head. “I’m going to permit Counsel to recall Mr. Campbell for cross-examination,” he said. “Take the stand, Mr. Campbell. You have already been sworn.”

Mason said, “I just want to ask you a couple of questions, Mr. Campbell. You learned over the telephone from the defendant that your son, Carleton, had given her a shoe box containing a large number of hundred-dollar bills. You learned this Saturday night. Is that right?”

“I learned nothing of the sort,” Campbell said indignantly. “She told me that my son had done that. I didn’t learn that he had, because he hadn’t. She told me a He. I proved it was a lie. I instituted an investigation and found that my son had done nothing of the kind, that he had a shoe box containing a pair of my dress shoes. I know that my son kept some of his own toys or treasures, as he called them, in a shoe box, and I remember that I laughingly told him that we might trade. But I at no time had any shoe box containing any sum of money concealed in my house, and he at no time had any shoe box containing any large sum of money which he gave to the defendant.”

“However,” Mason said, “you were afraid to have the boy interrogated on this point so you had him spirited away out of sight where the police couldn’t interrogate him, didn’t you?”

“I did nothing of the sort!” Campbell shouted. “I certainly didn’t intend to let you hypnotize my son and brainwash a seven-year-old boy in order to—”

“Now just a moment, just a moment,” Hamilton Burger said. “There is no need for Mr. Campbell to volunteer any information, although I can appreciate his righteous indignation. However, if the Court please, this cross-examination is ill-advised, improper, calling for matters which are incompetent, irrelevant, and immaterial.”

“I think it may go to the bias of the witness. I’d like to know just what happened there,” Judge Elmer said. “There’s no reason why the witness can’t answer the question. He seems to be taking care of himself all right.”

Hamilton Burger sat down.

Campbell said, “That’s all I have to say. I certainly didn’t intend to have some smart attorney trying to make my son a football in an embezzlement case. I admit that I told Elizabeth Dow, the governess, to take him where he would be undisturbed by persons who wanted to question him and to remain away until I advised her to return.”

“But how were you going to let her know when it was all right for him to return if you didn’t know where they were staying?”

“I told her to call me up from time to time.”

“I have no further questions,” Mason said.

“That concludes our case,” Hamilton Burger announced.

“I would like to recall Elizabeth Dow for further cross-examination,” Mason said.

“We object, Your Honor. Counsel is now apparently going on a fishing expedition.”

“Apparently so,” Judge Elmer ruled. “Perhaps, Mr. Mason, if you would state the line of cross-examination you wish to pursue, the Court could make a different ruling.”

“I want to find out where Endicott Campbell’s seven-year-old son was kept hidden from Saturday evening on,” Mason said.

“I don’t see why,” Judge Elmer said.

“It may make quite a difference in the case,” Mason said.

Judge Elmer shook his head. “I think not. The permission to recall Elizabeth Dow is not granted. Now do you have any defense, Mr. Mason?”

“If the Court please,” Mason said, “I am going to ask the Court to take a recess until four o’clock this afternoon. At that time I will either proceed to put on a defense or I will submit the case without a defense.”

“Why do you ask for this delay, Mr. Mason? Surely you must be aware, as a veteran trial attorney, that the evidence is so overwhelmingly against your client that there is absolutely no possible showing that the defense could make which would justify the Court making an order releasing the defendant.

“This is not a hearing where it is necessary to prove the defendant guilty beyond all reasonable doubt. It is only a hearing for the purpose of determining whether a crime has been committed and if so, if there is reasonable ground to believe that the defendant committed the crime. Those conditions certainly have abundantly been met.”

Hamilton Burger, not to be denied an opportunity to make a few remarks, was on his feet. “Furthermore, if the Court please,” he said, “I feel that two murders have been committed rather than one. I feel that this defendant should be shown no consideration. We have here a very revolting situation of a young woman who has betrayed a position of trust and confidence to loot the company which employed her. Then she had the temerity to try to cover her defalcations by ingratiating herself with the principal stockholder of the corporation which employed her. Failing in that, she resorted to murder in order to cover her tracks. We know of one murder she has committed and I think the Court will realize from the evidence that the probabilities are two murders have already been committed.”

“The defendant is in custody,” Mason said. “She isn’t going to commit any murders while she’s in jail. I feel that I am entitled to an hour and a half to work on a theory of the case which I have and which I will state to the Court may well result in clarifying certain issues which need to be clarified. I can give the Court my professional assurance that I have reason to believe that I can uncover evidence of the greatest importance in the next hour and a half.”

“Under those circumstances,” Judge Elmer said, “and being well acquainted with Counsel’s reputation, the Court is inclined to take his assurance.”

“I’m also well acquainted with Counsel’s reputation,” Burger shouted. “It’s a reputation for trickery.”

“For ingenuity,” Judge Elmer corrected. “An ingenuity coupled with integrity. There are times when his ingenuity may be exasperating to the prosecutor’s office, but as far as this Court can observe, the integrity of Counsel has never been questioned. The Court is going to grant the motion. The Court will recess until four o’clock. The defendant is remanded to custody.”

Mason beckoned to Della Street and Paul Drake, barged rapidly over to where Lt. Tragg was sitting. “Lieutenant Tragg,” he said, “may I see you for a moment on a matter of considerable urgency?”

Tragg hesitated a moment, then said, “Well, why not?”

“This way,” Mason said.

The lawyer led the way to the elevator. The four of them hurried into the cage well ahead of the vanguard of spectators.

“Run it all the way down,” Mason told the elevator operator, “right to the ground floor quick. It’s a matter of emergency.”

“Hey, wait a minute,” Tragg said. “What’s happening here?”