Erle Gardner - The Case of the Rolling Bones

Carrel shifted his eyes, looked at Mason for a moment, then turned appealingly to Kittering. In an almost inaudible voice, he said, “There was never any such conversation.”

“That’s all,” Judge Knox said, his voice as ominously final as the closing of a steel trap.

Kittering seemed uneasy. “Of course, Mr. Carrel,” he said, “I take it that you might have casually mentioned that you were your uncle’s heirs, and were safeguarding his fortune for him.”

“Objected to as leading and suggestive,” Mason said.

“Objection sustained,” Judge Knox said.

Kittering said, “Well, did you discuss indirectly any financial benefit which might have occurred to you?”

“No,” Carrel said.

“Witness excused,” Kittering announced, his voice showing his impatience. “I will call Freeman Leeds to the stand.”

Freeman Leeds, a big, powerful man, whose face had set with age into lines of sullen defiance, took the oath, gave his name and address to the reporter, and took the witness stand.

“You are a brother of the defendant in this case?”

“Yes.”

“Have you at any time discussed with the defendant a person known as Bill Hogarty?”

“Yes.”

“When?”

“Upon two or three occasions. I can’t remember the exact dates.”

“And what did the defendant say about Hogarty?”

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

“I offer to connect it up,” Kittering said.

“On that understanding, the objection will be overruled,” Judge Knox said.

Freeman Leeds said, “Alden had been up in the Klondike. He told me something about his adventures up there. He’d struck it rich, and Bill Hogarty had been his partner on the claim when they struck it rich.”

“Did the defendant describe William Hogarty to you in any way?”

“He said Hogarty was younger than he was, but a strong lad,” Freeman Leeds said.

“Did he make any further statements about Hogarty?”

“Said Hogarty and he had some trouble.”

“Did he say what the trouble was?”

“I understood it was over a woman.”

“Not what you understood,” Kittering corrected. “Did he specifically say that?”

“Yes, he said it was over a dance hall girl.”

“Did he say anything more about the trouble?”

“At one time, he said that he’d been in a shooting scrape over a woman.”

“Did he say where that shooting occurred?”

“Up in the Klondike some place.”

“You may cross-examine,” Kittering said.

“May I ask,” Mason inquired, “the object of this examination? Is it the contention of the prosecution that this vague testimony goes to show that the body is that of Bill Hogarty?”

“That is our contention,” Kittering said. “Your Honor, we expect to connect this up. We expect to introduce evidence tending to show that this defendant forged the name of Bill Hogarty to various hotel registers, that when he left the Klondike he went for a time under the name of Bill Hogarty; that he took with him all of Bill Hogarty’s share in the mining claim, that this decedent is none other than Bill Hogarty, that Hogarty attempted to secure some financial adjustment from the defendant, and the defendant, rather than part with any of his fraudulent gains, planned to murder Hogarty. In that way, we expect to show motivation for the crime.”

“You have all of the proof necessary to show that?” Mason inquired blandly.

“We have all we need,” Kittering snapped. “Some of it we will prove by inference, but you don’t need to appear so surprised, Mr. Mason. Your ad in the personal columns of the Seattle paper shows that you...”

“That will do,” Judge Knox interrupted. “Counsel will refrain from personalities. You will proceed with cross-examination of the witness, Mr. Mason.”

Mason said, “Very well, Your Honor. Now, Mr. Leeds, I am going to ask you the same question that I asked Jason Carrel. Was there any conversation which took place in your presence or in the presence of Jason Carrel to the effect that it would be to your financial advantage, either directly or indirectly, to have Alden Leeds declared incompetent or committed to an institution?”

Leeds took a deep breath. “I’d rather not answer that question.”

“Go ahead and answer it,” Mason said.

“It’s a proper question,” Judge Knox ruled.

“Your Honor,” Kittering objected desperately, “if counsel wishes to impeach Jason Carrel, he must do it as a part of his own case, not by trying to force one of my witnesses into making the impeachment.”

“I don’t agree with you,” Judge Knox said. “This question goes to show bias on the part of this witness. It is quite obvious that if the defendant is convicted of a crime it will prevent the consummation of a marriage which apparently is and was objectionable to his relatives. You may answer the question, Mr. Leeds.”

“There was some talk about my being appointed guardian.”

“Any talk about any financial advantage to accrue from that appointment?”

Freeman Leeds became silent for several uneasy seconds. “No,” he said at length.

“And no talk about the possibility of any of you inheriting a part of the defendant’s fortune?”

Leeds hesitated. “No,” he said.

“The defendant is your older brother?”

“Yes.”

“How old were you when the defendant left home?”

“I was seven years old.”

“When did you next see him again?”

“About five years ago.”

“And you had no contact with him in the meantime?”

“No.”

“You didn’t hear from him?”

“No.”

“Didn’t know where he was?”

“No.”

“How did you know this defendant is your brother?”

“I recognized him,” Leeds said.

Mason smiled. “Would you,” he asked suavely, “have recognized him if he had been broke?”

A ripple of laughter swept the courtroom, swelled in one or two instances into a guffaw of mirth. Judge Knox, fighting to keep a smile from his lips, said, “The court will come to order. We’ll have no more laughter. The question is adroitly framed, conveying as it does, an entire argument by inference. However, the spectators will cease from giving any expressions of amusement or interrupting the order of proceedings. Answer the question, Mr. Leeds.”

Freeman Leeds said, “Of course, I’d have recognized him.”

“And if he’d appeared at your back door with a roll of blankets over his shoulder, ragged, unkempt, and asking for a meal, do you think you would have forthwith recognized him as your long-lost brother?”

“Yes.”

“Where did the meeting take place, Mr. Leeds?”

“Alden Leeds drove up to my house.”

“In a taxicab?”

“Yes.”

“And what did he say?”

“He asked me if I didn’t remember him, and if I couldn’t place him. Then, after a while, he said, ‘Don’t you remember your own brother, Alden Leeds?’”

“I see,” Mason said with a smile. “There was some interval between the time when he asked if you didn’t know him and couldn’t place him?”

“Yes.”

“How long?”

“A minute or two.”

“And during all of that time, you failed to recognize him?”

“Well, I wasn’t exactly sure.”

“I see. And after Alden Leeds made the announcement, did you then recognize him?”

“Well, I told him to come in.”

“And the defendant entered your house?”

“Yes.”

“And talked for some time?”

“For an hour or so, yes.”

“And at that time, he told you that he had made a fortune in the Klondike?”

“Well, he said he was pretty well fixed.”