Parnell Hall - The Wrong Gun

Lieutenant Sanders hesitated, then smiled. “I think you’d better rephrase that, counselor,” he said. “You’ll recall this was Russ Timberlaine’s gun room.”

The remark produced a laugh in the courtroom.

Vaulding smiled good-naturedly. “Well-said, lieutenant. Then let me ask you this: was there any weapon in particular that you took notice of?”

“Yes, there was.”

“And what would that be?”

“A Colt.45 lying on the floor next to the body.”

“Was there anything in particular you noticed about this Colt.45?”

“Yes. There was the initial R carved in the handle.”

“That was readily apparent?”

“Yes. That side of the handle was facing up.”

“Did you notice anything else in particular about this gun?”

“Yes, I did.”

“What was that?”

“The serial number had been filed off.”

“The serial number?”

“That’s right.”

“How had that been done?”

“Someone had taken a file or other rough grinding implement and ground the number off the gun.”

“The serial number was metal then?”

“Yes. The serial number was stamped in metal on the underside of the gun, just back of the trigger guard, between the cylinder and the handle.”

“And the serial number had been ground off?”

“That is correct.”

“Is that the only serial number on the gun?”

“Yes, it is.”

“Lieutenant, would you know this gun if you saw it again?”

“Yes, I would.”

“How, if the serial number has been ground off?”

“I scratched my initials on the underside of the handle.”

Vaulding nodded. He took a gun, had it marked for identification, and handed it to Lieutenant Sanders. “Lieutenant, I hand you a gun marked for identification People’s Exhibit Number Three and ask you if you recognize it.”

“Yes, sir,” Lieutenant Sanders said. “This is the gun I described. The one I found on the floor of Russ Timberlaine’s gun room, next to the body of Jack Potter.”

“There is no question in your mind?”

“None whatsoever.”

“This is the gun you found that evening and scratched your initials on?”

“That’s right.”

“Did you take possession of that gun at that time?”

“Yes, I did.”

“Then let me ask you this: did you take possession of any other gun on that particular evening?”

“Yes, I did.”

“Can you tell us how that happened?”

“I showed this gun-the one we’ve just identified-to Russ Timberlaine and asked him if it was his gun, and, more specifically, if it was the gun he’d been seen wearing that day.”

“You asked this of the defendant, Russ Timberlaine?”

“Yes, I did.”

“Let me ask you this: was Mr. Timberlaine’s attorney present?”

“Yes, he was.”

“I am referring to Mr. Steve Winslow, the attorney for the defense-you say he was present at the time?”

“Yes, he was.”

“And was Russ Timberlaine advised that he did not have to answer your questions?”

“Yes, he was. I gave him that advice, and his attorney gave him that advice.”

“Despite that, he answered your questions?”

“Yes, he did.”

“And what did he say at the time?”

“He said-referring to this gun-People’s Exhibit Three, is it? — he kept saying it’s the wrong gun.”

“The wrong gun?”

“Yes.”

“Did he tell you what he meant by that?”

“Yes, he did. He stated that this was not the gun he was seen wearing at the time of the auction.”

“I see. And what did you do then?”

“I said if this was not the gun he’d been seen wearing at the auction, would he please produce that gun.”

“What did the defendant do then?

“He led me upstairs to his bedroom and proceeded to point out a gun.”

“Where was this gun?”

“In his holster on an end table next to his bed.”

“The defendant pointed this gun out to you?”

“Yes, he did.”

“And said it was the gun he had been wearing at the time of the auction?”

“That’s right.”

“Lieutenant, can you describe this second weapon?”

“Yes, I can. It was a Colt.45, apparently similar in every way to the one found next to the body.”

“You say in every way?”

“Yes, I do.”

“Does that include the R carved into the handle?”

“Yes, it does. The gun I took from Russ Timberlaine’s gun belt had an R carved in the handle as well.”

“What about the serial number?”

“It had also been ground off.”

“What was the condition of the gun-with regard to being loaded?”

“The gun was fully loaded, with one shot fired. That is, there was one empty shell under the hammer of the gun.”

“I see. And what was the condition of the other gun, the one found next to the body?”

“That gun was also fully loaded with one shot fired.”

Vaulding nodded. “So the guns were identical in this regard also?”

“Yes, they were.”

“And did Mr. Timberlaine make any statement at the time, explaining why there were two identical guns?”

“Yes, sir. He said the gun found next to the body was a valuable gun from his collection-a gun that had once been owned by a Wild West gunslinger named Pistol Pete Robbins. He claimed that the gun had been stolen from his collection, and a fake gun left in its place. He claimed the gun in his gun belt, the gun he had been wearing during the auction, the gun he pointed out on his bedside table, was that substitute gun.”

“I see. And did you take possession of this gun at this time?”

“Yes, I did.”

“What steps did you take to identify this gun?”

“I scratched my initials and the numeral two on the handle.”

“Two?”

“That is correct.”

“To indicate this was the second gun you had recovered?”

“That’s right.”

Vaulding nodded, marked another exhibit for identification and took it over to the witness. “Lieutenant, I hand you a gun marked for identification as People’s Exhibit Number Four and ask you if you’ve seen it before?”

“Yes, I have.”

“What do you recognize it to be?”

“It is the gun I recovered that evening from Russ Timberlaine’s holster.”

“Thank you, lieutenant. No further questions.”

Steve Winslow stood up. “People’s Exhibit Three was found next to the body?”

“That’s right.”

“People’s Exhibit Four was taken from the holster of the gun belt on Russ Timberlaine’s night stand?”

“That’s right.”

“You took possession of both guns on the evening of the murder?”

“Yes, I did.”

“Lieutenant, is there any chance whatsoever that you confused these two guns?” As Lieutenant Sanders started to answer, Steve Winslow held up his hand. “Let me finish. That is to say, that the gun, People’s Exhibit Three is actually the gun from Russ Timberlaine’s holster, and the gun People’s Exhibit Four is actually the gun that you found next to the body? Is there any chance, however slight, that that is the case?”

“Absolutely not,” Lieutenant Sanders said.

“How can you be certain?”

“I told you. Because of my initials, which I marked on the gun.”

Steve Winslow nodded. He walked over to the court reporter’s table, picked up the two guns and looked at them. He set them down, turned back to Lieutenant Sanders.

“Tell me, lieutenant. When did you mark your initials on the guns.”

“I beg your pardon?”

“When did you do it? Relative to the time you found the guns. When did you mark your initials?”

“I did it there at the scene of the crime.”

“The scene of the crime?”