Erle Gardner - The Case of the Haunted Husband

“Preposterous.”

“Never mind that, Mr. Homan. I have covered Mr. Greeley’s movements on that day to place him in San Francisco at five-fifteen in the evening. Now I want to show that your car couldn’t have...”

Mason said, “This conference between counsel and witness is rather unusual, Your Honor.”

Hanley said, “I am merely trying to save time.”

“No objection,” Mason announced. “I only wanted to suggest you proceed in the regular manner.”

Hanley said, “Mr. Homan, will you tell us just what you were doing on the nineteenth and where your car was on that day — or over such an interval of time as you know where it was?”

“I was working on a very important production. I didn’t want to be disturbed. I had been working on that script almost uninterruptedly for forty-eight hours.”

“At your studio or at your residence?”

“At both places. I left the studio on the afternoon of the eighteenth. I came to my house, told both the Filipino and my chauffeur to take time off, that I wanted to be completely and absolutely undisturbed. I locked myself in and went to work.”

“And stayed at your bungalow?”

“No, sir. I went out for dinner about midnight on the evening of the eighteenth, and worked until about four o’clock in the morning, then I slept until seven o’clock, got up, took a shower, shaved, had coffee, and went to work. About eleven I drove to a restaurant where I had something to eat. Then I returned and went to work. It was then a little before noon.”

“Did you have occasion to look for your automobile?...”

“Objected to as incompetent, irrelevant, and immaterial,” Mason said. “It makes no difference as far as the issues in this case are concerned, and it may be an attempt to prejudice the defendant by proving another crime.”

“I will stipulate that the purpose of the testimony will be limited solely for the purpose of showing the whereabouts of the car,” Hanley said.

“On the strength of that stipulation, I will permit the question to be answered,” Judge Cortright ruled.

“Answer the question.”

“Yes, sir. About four o’clock in the afternoon I wanted to take a short drive to get some air. I had been working straight through and suddenly realized I was fatigued. I went out to get my car and drive up around Mulholland, Drive. My car was gone.”

“And what did you do with reference to trying to locate your car?”

“Objected to as incompetent, irrelevant, and immaterial,” Mason said.

“Objection sustained.”

“I think you may inquire,” Hanley said with a little nod to Mason.

Homan got up and started to leave the stand.

“Just a minute,” Judge Cortright said.

“Aren’t you finished with me?”

“Mr. Mason has the right to cross-examine.”

“Oh,” Homan said and turned inpatient eyes toward Mason.

“Just a few questions,” Mason said, “in regard to the nature of your work, Mr. Homan. When you are concentrating, I take it that you are very irritated at interruptions.”

“Very.”

“You answer the telephone?”

“No. I disconnect it.”

“How?”

“I have a little switch at the telephone. It was especially installed to cover my needs.”

“You do, however, occasionally put through a call?”

“Very, very occasionally. The nature of my work is something that the ordinary man can hardly appreciate. It represents the very essence of concentration,” and Homan glanced up at the judge.

“Now you can’t recall any single instance, any isolated facts which would account for Mr. Greeley taking your car.”

“Absolutely not. I am satisfied Mr. Greeley did not take my car.”

“And during this period that you were concentrating, can you recall having made any telephone calls?”

“No, sir. I made none.”

“Now,” Mason asked casually, “what was your business with L. C. Spinney in San Francisco?”

Homan stared at him.

“Can’t you answer the question?” Mason asked.

“I don’t understand it. I haven’t any business with Mr. — what was the name?”

“Spinney, L. C. Spinney.”

“I haven’t any business with Mr. Spinney in San Francisco. I have never heard of the man. I remember now, you mentioned his name to me once before.”

“You didn’t call him on long distance on Tuesday and again on Wednesday?”

“Certainly not.”

“And he didn’t call you?”

“No.”

Mason said, “Now, Mr. Homan, this may be exceedingly important. Please bear in mind that the records of the telephone company can be consulted and...”

Homan snapped his fingers, the quick gesture of a nervous man who has an idea pop into his head.

“What is it?” Mason asked.

Homan said, “Mr. Mason, I don’t know what you’re getting at, but I can tell you this. If you can show that any long-distance call went over my telephone on either Tuesday or Wednesday, you’ll be doing me a great favour, a very great favour indeed.”

“Why, may I ask?” Mason said.

Homan cleared his throat, shook his head, said, “I would prefer to tell you privately, Mr. Mason.”

“And,” Mason said with a smile, “I would prefer to have you tell me in public.”

“It doesn’t have anything to do with the present case — that is...” He hesitated.

“Yes,” Mason prompted.

“I don’t think it would have anything to do with this case.”

“But it might,” Mason said.

“Yes.”

“Perhaps then you should better let His Honor have the information, and let him be the judge of it.”

Homan compressed his lips firmly together, creased his forehead in a determined scowl, and stared at the carpet for several seconds. Then he said, “I have for some time had a suspicion that my chauffeur was putting through various long-distance calls in connection with his own business — using my phone. I would appreciate it very much if you have any information which would substantiate such a charge. I have given him notice, but — I would like to find out just the same.”

“What is your chauffeur’s name?” Mason asked.

“Tanner — Ernest A. Tanner.”

“Is he in court?”

A slight commotion manifested itself among the spectators. A man stood up. “I am here,” he drawled, “and I didn’t...”

“Sit down,” Judge Cortright snapped. “The course of the trial is not to be interrupted by spectators.”

Homan glowered at the man who was standing, a young, broad-shouldered, loosely-knit individual who seemed grimly determined, but who wilted under the stern glare of Judge Cortright’s eyes and slowly sat down.

“You do not know any L. C. Spinney?”

“No, sir. I do not. And if any long-distance calls were put through on my telephone, either on the eighteenth or the nineteenth, they are unauthorized telephone calls put through by some person who had no right to do so.”

“Don’t you audit your monthly long-distance bills?”

Homan shook his head impatiently. “I do not. I have no time to devote to trivial matters. I simply instruct my secretary to write cheques covering all current expenses. I happen to have noticed that my telephone bills for the last few months have had numbers on them that I know nothing about, that’s all. I took it for granted at first my younger brother had been calling friends. Then the other day I happened to mention it to him. Well, I suppose I can’t tell about that conversation now — but, well, if you are finished with me, I have a very important matter pending. In fact, I had to...”

Judge Cortright said, “It is approaching the hour of adjournment, gentlemen. If the examination can be completed within a few minutes, the court will remain in session. Otherwise, the examination can be resumed tomorrow.”