Parnell Hall - The Wrong Gun

“That’s good. If you can’t find out, it’s a cinch Vaulding can’t either.”

“Yeah. Unless he trips over the back trail I’m leaving now.”

“Yeah, right. Except he wouldn’t know what you were after. That’s where this is so bad it’s good. If Vaulding finds out you’re asking about guns he’ll think that’s perfectly logical. There’s no way in hell he’s going to figure you’re trying to find out who sold a gun to you.”

“One would hope. So can I get back to the office?”

“I suppose so. I-” Steve broke off at the sound of the outer office door opening. “Hang on. We got company.”

Tracy went out and came back moments later with Carrie Timberlaine and her fiance, Donald Walcott.

The young man was quite upset. He had a paper in his hand, which he held up in front of him. “They subpoenaed me,” he said disgustedly. “Can you believe that? Right in our own house. Just rang the bell and nailed me. Now I gotta testify for the prosecution.”

“Can they do that?” Carrie Timberlaine said. “Can they make him testify if he doesn’t want to?”

Steve frowned. “Let me see the subpoena.”

Donald passed it over.

Steve took it, looked at it. “I’m afraid they got you,” he said.

“Yeah, but for what? I don’t know anything.”

“Except what Timberlaine told you.”

“Isn’t that hearsay?”

Steve shook his head. “Anything anybody else told you is hearsay. Anything the defendant told you can be considered an admission against interest and you can testify to it.”

“Yeah, but what? I mean, it’s not like Russ took me aside and said, ‘By the way, I’m going to kill Jack Potter tomorrow.’”

“Of course not. Most likely it’s about the gun.”

Donald frowned. “What about it?”

“Well, look. You knew why I was there that weekend, didn’t you?”

“Yeah. Sure. Why?”

“Well, there’s that. You knew it was because Timberlaine had found a gun substituted, right?”

“Yeah, right. But how does that hurt him? That’s been his story all along.”

“You didn’t also happen to know anything about Timberlaine buying a gun and pulling a little substitution of his own?”

“Is that what he says he did?”

Steve grimaced. “Look. I’m not giving out any information, and you’re better off not getting any. I’m trying to figure out why the prosecution would subpoena you. After what went on in court today, I figure it had to be something that confirmed that Timberlaine bought the gun.”

“Well, it isn’t.”

“I’m glad to hear it. But what the hell is it?”

“I have no idea.”

“Well,” Steve said. “There’s one way to find out.”

“What’s that.”

Steve jerked his thumb. “Obey that subpoena.”

Judge Hendrick looked down from his bench. “Once again we have matters to take care of before we begin. Mr. Vaulding, I understand you served a subpoena yesterday.”

“That’s right, Your Honor.”

Judge Hendrick frowned. “Mr. Vaulding, yesterday we listened to the testimony of Mr. Henson, who was not on your original list of witnesses.”

“We just found him, Your Honor.”

“So I understand. Judging by the service of this subpoena, I gather we are about to be treated to the testimony of another witness not on your list.”

“Again, the information just became known to us, Your Honor.”

“I’m sure that it did. But I must say it’s quite a coincidence for it to happen with such amazing regularity.”

“I assure you it’s not by design, Your Honor.”

“I didn’t say it was. I just remarked on the coincidence. You may take the statement I am about to make as entirely coincidental, also. This is a courtroom, not a sideshow. I intend to see that evidence is presented in an orderly manner. And that it is presented for the benefit of the jury, not for the benefit of the press.”

“Oh, Your Honor,” Vaulding said.

Judge Hendrick held up his hand. “One moment, Mr. Vaulding. I’m not through.” He lifted a newspaper from the top of his bench, turned it around and held it up.

It was a copy of the Daily News with the headline, PISTOL PETE: SURPRISE WITNESS.

Judge Hendrick held up another newspaper.

It was the POST with the headline, PISTOL PETE: HE BOUGHT THE GUN.

“I do not intend to have this case tried in the newspapers,” Judge Hendrick said.

“Your Honor, I’m not responsible for the press.”

“Surprise witnesses make news.”

“I’ve already explained that was not my intention.”

“Maybe not, but this is deplorable. I would like to point out that the jury has not been sequestered.”

“They’ve been instructed not to read the papers.”

“Not to read them, yes. But these are front-page scare headlines. You can’t miss them.”

“They are not my work.”

“That’s not the point. The point is, surprise witnesses and surprise testimony are the type of theatrics that create front page news. And if I found this was being done deliberately, I would not like it. Is that clear?”

“Yes, Your Honor.”

“Good. Now, what with all the surprise witnesses and early adjournments it seems a long time ago, but I believe yesterday morning Mr. Manning was on the stand. His cross-examination was interrupted until he could bring some photos into court. May I ask if he has done so?”

“Yes, Your Honor.”

“He’s present and ready to proceed?”

“Yes, he is.”

“Very well. Let’s bring in the jury and return Mr. Manning to the stand.”

When that had been accomplished, Judge Hendrick turned to Steve Winslow and said, “You may proceed.”

Steve crossed in to the witness. “Mr. Manning, yesterday you were asked to bring into court photographs of the fatal bullet photographed in a comparison microscope with test bullets from the gun, People’s Exhibit Four. Have you done so?”

“Yes, I have.”

“You have those photographs with you?”

“Yes, I do.”

“How many are there?”

“Referring only to the photographs showing the comparison of the fatal bullet to bullets fired from the gun, People’s Exhibit Four?”

“Yes, that’s right.”

“There are five.”

“Five pictures showing that comparison?”

“That’s right.”

“I ask that they be marked for identification as Defendant’s Exhibits A-One-through-Five.”

“Your Honor,” Vaulding said. “I believe those are a prosecution exhibit.”

“Well, the defense is producing them. You chose not to,” Judge Hendrick said. “Mark them Defendant’s Exhibits A-One-through-Five.”

When the exhibits had been marked, Steve picked up the pictures, riffled through them. He selected one, approached the witness.

“Mr. Manning, I hand you the picture marked for identification Defendant’s Exhibit A-Three and ask you what it shows?”

“It shows the comparison of the fatal bullet and the test bullet on the comparison microscope.”

“Which is which?”

“The fatal bullet is the top half, the bullet from People’s Exhibit Four is the bottom half.”

“The bullets are in alignment?”

“Yes, they are.”

“Mr. Manning, I notice scratches on the bottom half not present on the top half.”

“Yes. As I said, those are the scratches made when someone used some sort of etching tool to deface the barrel of the gun.”

“Then these scratches represent marks that do not line up?”

“Naturally.”

“I count four scratches of that nature, is that right?”

“I’m not sure.”

“Then take a look.”

Manning studied the photograph. “Yes. There are four.”