Parnell Hall - The Wrong Gun

“I understand your contention, Mr. Manning,” Steve said. “But the fact is, you took the photos?”

“Yes, I did.”

“And this was done before you examined bullets from the gun, People’s Exhibit Four?”

“Yes, it was.”

“Thank you, Mr. Manning.” Steve turned to the judge. “Your Honor, at this time I would like to suspend my cross-examination until such time as the witness shall have brought into court photographs of the fatal bullet shown on the comparison microscope with the test bullet fired from the gun, People’s Exhibit Four.

“At this time, I also ask that the witness be instructed to bring into court any photographs he has taken showing the comparison of the fatal bullet with test bullets fired from the gun, People’s Exhibit Three.”

“I object, Your Honor,” Vaulding said.

Judge Hendrick held up his hand. “Overruled. You may object to the introduction of these photographs, but this witness is going to bring them.

“Mr. Manning, you are temporarily excused from the stand. You are directed to return here tomorrow morning at ten o’clock and bring with you any and all photographs you have taken comparing the fatal bullet to bullets fired from the gun, People’s Exhibit Four, to bullets fired from the gun, People’s Exhibit Three, and any other bullets to which you may have compared it.

“Mr. Vaulding. Mr. Winslow. We will go into the individual merits of such evidence at that time. But for the time being, the witness is excused.

“Mr. Vaulding, do you have another witness available to call?”

“I will momentarily, Your Honor.”

“Very well. Court will stand in recess for half an hour.”

Mark Taylor caught up with Steve and Tracy in the corridor on their way back into court.

“Vaulding’s gonna drop a bombshell,” Taylor said.

“I know that,” Steve said.

“Oh, yeah?” Taylor said. “Then why am I getting it like it’s a hot tip?”

“What’s your source?”

“That reporter. He got the tip. Vaulding put out the word during recess to expect fireworks when court reconvenes.”

“I know that too,” Steve said. “It’s what Tracy and I were just talking about. I did a number on the ballistics expert. Which ordinarily would have been great. Except for the bit about roughing up the gun barrel. That’s where he turns around and kicks us in the teeth. But it’s no surprise, it’s just what we were expecting.”

“Yeah, well the word is the shit’s hitting the fan. And how does that add up? The press already has the scoop on the file. You know he’s gonna club you with it. The press knows he’s gonna club you with it. What’s the big deal?”

“There’s one possibility, Mark, and it’s just what we were discussing.”

“What’s that?”

“Timberlaine swears he found the file in his room. He has no idea how it got there. If that’s true, the worst Vaulding can do is call the cop who served the warrant and show the file was found in his room. Big deal. It’s incriminating, but old hat. No, the kick in the teeth, the hold-the-phone bombshell, is if Timberlaine is lying about finding the file in his room. And, instead of the cop who served the warrant, Vaulding’s next witness is some shopkeeper who will testify Timberlaine bought the file.”

“Oh, shit,” Taylor said.

“Right,” Tracy said. “Or maybe even asked him to recommend what to use to rough up a gun barrel.”

“Oh, come on,” Taylor said. “He couldn’t be that dumb.”

“Yeah,” Steve said dryly.

They pushed their way into the courtroom. Whatever word Vaulding had put out, people must have believed him, because the place was packed. Mark and Tracy couldn’t get their usual seats and wound up standing in the back.

Steve pushed his way through the crowd up to the defense table, where court officers had already brought in Timberlaine.

“What’s this all about?” he demanded as Steve sat down.

“I was hoping you could tell me. Vaulding’s got some sort of surprise. I don’t know what it is.”

“Hell.”

“You said it. You sure you told me everything about the file?”

“Sure. What else is there to tell?”

“That’s what I’m asking you.”

“Nothing. I found it in my room, I don’t know where it came from.”

“Great,” Steve said.

The jury was led in. Judge Hendrick took his place on the bench. When they were all in position, Vaulding made a star’s entrance, walking in from the back of the courtroom, pushing his way through the reporters and photographers gathered there. He strode up to the prosecution table and stood there, almost striking a pose.

Judge Hendrick regarded him with some irritation. “Well, call your next witness,” he said.

“Call Frederick Henson,” Vaulding said.

A middle-aged man with a sad-eyed, droopy sort of face made his way to the witness stand.

Confirming Steve Winslow’s worst fears. Not a cop. A shopkeeper.

As Henson passed by the defense table, Steve heard a sharp intake of breath. He turned to see that Timberlaine had gone white as a sheet. “Smile,” Steve said out of the corner of his mouth.

Timberlaine gawked at him. His lips trembled. His eyes blinked.

“No matter how bad it is, there’s nothing we can do about it now,” Steve said. “Just grin and bear it.”

When the witness had been installed on the stand, Vaulding said, “State your name.”

“Frederick Henson.”

“Mr. Henson, I ask you to look around the courtroom and tell me if you see anyone you recognize.”

“Yes, sir. Him.”

“Let the record show that the witness is pointing at the defendant, Russ Timberlaine. That is correct, is it not, Mr. Henson? It is the defendant, Russ Timberlaine, whom you recognize?”

“Yes, sir. That’s him all right.”

“Where do you know him from?”

“He was in my shop.”

“He was a customer in you shop?”

“That’s right.”

“When was this?”

“On July 16th.”

“Are you sure of that date?”

“Yes, I am.”

“How can you be so sure?”

“When you asked me, I looked it up.”

“I see. And just what was it the defendant bought from you on that occasion?”

“A Colt.45 revolver.”

“Why the hell did you buy the gun?”

“Take it easy,” Timberlaine said.

“Easy, hell,” Steve said. “You lie to me, you hold out on me. I prepare my whole defense on the basis of the fact there’s no way in hell the cops can prove you bought that gun. And what happens? The whole thing blows up in my face because you did buy that gun.”

“No, I didn’t.”

“Oh? You mean the witness is lying?”

“No. He’s not lying.”

“How can that be?”

“Well, I bought that gun, but it’s not the one I showed you.”

“What?”

“The gun I brought you in your office-the one I said I found substituted for the real gun-well, I didn’t buy it, and everything I told you was true. I found that gun just like I said.”

“And the one you bought?”

Timberlaine grimaced. “Like I said, I was afraid someone was trying to frame me with the gun. So I pulled a switch.”

Steve looked at him. “ You pulled a switch?”

“Yeah.”

“When?”

“After.”

“After what?”

“After I gave you the gun. To test the bullets. When you gave it back to me I substituted it for my gun.”

“Wait a minute. By that you mean-?”

“The gun I bought. The one the witness just testified about.”

“You bought that gun and substituted it for the one you found?”

“That’s right.”