Parnell Hall - The Wrong Gun

“Five, Your Honor,” the court reporter said.

“O.K. Mark them People’s Exhibits Five-A and Five-B.” Judge Hendrick turned back to Steve Winslow. “Now then, as you, I, and everyone else in this courthouse-with the exception of the jurors, who have been instructed not to read the papers-are aware, last night Mr. Timberlaine made a statement. I understand as a result of that statement a subpoena duces tecum was served on the defense, asking them to produce a certain gun. Mr. Winslow, have you complied with that subpoena?”

“Yes, Your Honor.”

“Do you have that gun in court?”

“Yes, I do.”

“Produce it, please.”

Steve Winslow reached into his briefcase and pulled out a gun.

“Fine,” Judge Hendrick said. “Let’s have the gun marked People’s Exhibit Six.”

When that had been done, Judge Hendrick said, “Fine. At this point the court is going to make another order. The court intends to keep this evidence straight, and the court intends to see that this evidence is presented in an orderly manner. Or as orderly as possible, considering the dramatic and unexpected developments in this trial. Above all, I intend to see that this evidence is preserved. Is Mr. Manning in the courtroom?”

“Here, Your Honor,” Manning said.

“Mr. Manning, we were to have had your testimony today regarding the two bullets the defense asked you to compare. In light of this new evidence, that can wait. I am therefore asking you to return one more time, tomorrow morning at ten o’clock, and to bring with you at that time the evidence you were to have given today.”

“Yes, Your Honor.”

“I also direct you to take this new evidence, People’s Exhibits Five-A and — B and People’s Exhibit Six, consisting of two bullets and one gun, and test them and compare them in every way possible to all of the ballistics exhibits present now in court.”

“Very well, Your Honor.”

“We will hear your testimony on this evidence tomorrow morning at ten o’clock. We will all hear it together. And for the first time. Do I make myself clear?”

Manning frowned. “I beg your pardon, Your Honor?”

“What I mean is, I do not want you communicating your findings to either the defense or the prosecution prior to your appearance tomorrow morning in court.”

“Oh, Your Honor,” Vaulding said.

“Sit down, Mr. Vaulding,” Judge Hendrick said. “Would you want to have Mr. Manning communicate with the defense?”

“Certainly not.”

“Well, what’s good for the goose is good for the gander. We will have this evidence tomorrow morning in court. If I can’t control publicity one way, I’ll control it another.

“And you, Mr. Manning. You will absolutely under no circumstances communicate any of your findings to the press. Have I made myself clear?”

“Yes, Your Honor.”

“Fine. I want a full report on all aspects of the evidence tomorrow morning at ten o’clock. I assume you have test bullets remaining from your original tests, so if you want to get started now, you are free to go. I will send over the actual exhibits as soon as we adjourn.”

Vaulding frowned. “Are your preparing to proceed, Your Honor?”

“I am, Mr. Vaulding. I have no intention of adjourning court prematurely yet another time. I assume you have other witnesses to call?”

“I do, Your Honor. Only I had anticipated Mr. Manning’s testimony would take some time.”

“Well, it didn’t,” Judge Hendrick said dryly. “Are you prepared to proceed?”

Vaulding turned and conferred with a trial deputy, then turned back to the judge. “I have witnesses I can call, Your Honor.”

“Well, line them up. And bring in the jury.”

When the jury had been brought in, Judge Hendrick thanked them for their patience and informed them the testimony they expected to hear from Mr. Manning would be heard at a later time. He then turned back to Vaulding and said, “Call your next witness.”

“Call Henry Crumbly.”

As the portly gun collector took the stand, Timberlaine leaned over and whispered, “Why are they calling Hank?”

Steve Winslow gave him a look. As one might have expected, their pre-court conference had not been harmonious and Steve was not feeling entirely cordial. “Motivation,” he said shortly.

When the witness had been sworn in, Vaulding said, “Mr. Crumbly, are you familiar with the defendant, Russ Timberlaine?”

“Of course.”

“How long have you known him?”

“Several years.”

“How is it that you know him?”

“We are both gun collectors. I believe my wife and I originally met him at an auction.”

“A gun auction?”

“Yes, of course.”

“Did you know the decedent, Jack Potter?”

“Yes, I did.”

“How did you know him?”

“He is a renowned expert in the field of guns. I have met him on several occasions in that capacity.”

“Including the weekend of his death?”

“Yes.”

“You were a guest at the Timberlaine mansion that weekend?”

“Yes, I was.”

“You saw Jack Potter at that time?”

“Yes, of course. He was the expert there for the auction.”

“Did you discuss guns with him that weekend?”

“Actually, I did.”

“Guns that were to be bid on at the auction?”

“That’s right.”

“Were you present at the auction?”

“Yes, I was.”

“Did you bid at the auction?”

“Yes, I did.”

“Tell me, did you make any bid on any gun at the auction that was somewhat out of the ordinary?”

Crumbly hesitated a moment. “Actually, yes, I did.”

“And what might that be?”

“I bid on a gun for Russ Timberlaine.”

“That’s what I was getting at, Mr. Crumbly. Could you tell us about that?”

“Well, that’s basically it. There was a gun Russ Timberlaine wanted. He suspected if Melvin Burdett knew he wanted the gun, Burdett would try to outbid him for it. So he asked me to bid for him.”

“He asked you to buy the gun for him?”

“At least to try to.”

“What instructions did he give you?”

“Simply to bid on the gun as if I were bidding on my own. Make every effort to purchase it, but not go over thirty thousand dollars.”

“That’s what you did?”

“Yes, I did.”

“And did you buy the gun?”

“No, I did not.”

“Why is that?”

“Burdett outbid me.”

“How much did he bid?”

“Thirty-one thousand dollars.”

“Which you had been instructed not to go over?”

“That’s correct.”

“What did you do then?”

“I stopped bidding. As I’d been instructed.”

“Before that happened-did you make any effort to communicate with Russ Timberlaine to see if he wanted you to go higher?”

Crumbly hesitated a moment, then said, “I looked over where he was standing.”

“Did he give you any sign?”

“No, he did not.”

“Did he see you looking at him?”

“Actually, no.”

“Why not?”

“Objection.”

“Sustained.”

“When you looked over at him, what was Timberlaine doing?”

“He was just standing there.”

“Standing there doing what?”

“Nothing in particular. Just standing.”

“You say he wasn’t looking at you?”

“No.”

“Who was he looking at?”

Crumbly hesitated. “The room was crowded.”

“I’m sure it was. Tell me, in your mind, who did it appear to you that he was looking at?”

Crumbly took a breath. “Melvin Burdett.”

“So,” Vaulding said. “Correct me if I am wrong. You bid on the gun. Burdett outbid you. When that happened you looked over to Timberlaine for instructions. He gave none because he did not see you. And to the best you can determine, it was your impression that he was looking at Melvin Burdett?”