Эрл Гарднер - The Case of the Musical Cow

“To begin with,” Dr. Dixon said, “I was acquainted with Harvey Richmond in his lifetime. I know that he was of stocky build and that he was fleshy. What is not generally realized is that almost everyone has a layer of subcutaneous fat, that this varies with the individual. In the case of Harvey Richmond, there was a very well defined layer of subcutaneous fat.”

“And what does that have to do with it?” Berkeley asked.

“Simply this. In the event of a person receiving violent blows on his body, some of the subcutaneous fat cells are broken loose from the general fat structure and enter the bloodstream in the form of globules. Once these fatty globules have entered the bloodstream, they are carried to the lungs by the natural circulation. But in the lungs some of the blood vessels are so small that the fat globules clog the small vessels. By examining the lung tissue under a microscope these fat globules can readily be identified.”

Berkeley said, “Doctor, that sounds incredible to me.”

“It is, nevertheless, a fact.”

“And you found such fat globules in the capillaries of the lungs?”

“I did.”

“Doctor, could you produce any competent authority that would sustain that position?”

“Certainly,” Dr. Dixon said. “It’s generally understood among the best pathologists. However, if you wish authority, I can give you authority.”

He opened a briefcase, reached in, took out a book and said, “Here is a book entitled Homicide Investigation by Dr. LeMoyne Snyder. Dr. Snyder says on page 170, ‘ Everyone has a certain amount of fat deposited underneath the skin in the abdominal cavity and in the bone marrow. If he is struck a violent blow some of this fat will be dislodged and it will be taken up by the bloodstream and carried back to the heart. From there it goes to the lungs, but here the blood passes through blood vessels so small that these fat globules are strained out. When the pathologist examines the lung tissue under the microscope, these fat globules can readily be identified by means of a special stain. The skin and underlying fat where the deceased suffered the blow may have been entirely destroyed by the subsequent fire, but if the fat globules are found in the lungs, it means two things: — One. That the deceased suffered direct violence to some portion of his body. Two. He was alive when the wound was inflicted .’”

The district attorney endeavored to dispose of the testimony casually. “I see,” he said, smiling, “and simply because you found a few fat cells in this man’s lungs, you came to the conclusion that he had suffered violence before death.”

“That’s right.”

“And therefore the fatal bullets had no particular significance?”

“There were other reasons which entered into my opinion,” Dr. Dixon said. “For instance, when a body is exposed to fire, there are certain means of determining whether a person was alive or dead at the time the fire started. If the person was alive, he was breathing. If he was breathing, certain particles of soot are necessarily inhaled, and they can be found by a careful examination in the air passages. I made such an examination and found many of these particles in the air passages of the deceased. Therefore, I know that he was alive and breathing during the time the fire was raging aboard the houseboat.”

“But you don’t know whether he was conscious or not?”

“I am virtually certain he was unconscious.”

“Unconscious because he was dying from bullet wounds, which, perhaps due to some freak, were not immediately fatal,” the district attorney said as though finally disposing of the doctor’s testimony.

“You’ll pardon me,” Dr. Dixon said, “but I know that the man had received a blow on the head prior to the outset of the fire and was undoubtedly unconscious at the time the fire was started.”

“Some more of your clairvoyant medicine, I suppose,” Berkeley said, trying by sarcasm to destroy the damaging effect of the doctor’s testimony.

“There is nothing clairvoyant about it at all. It is a matter of scientific determination. When...”

“Well, I don’t think we’re interested in all this so-called scientific prattle,” the district attorney interrupted. “It’s been established by competent and unchallenged medical testimony that this man was shot, that he was shot with bullets fired from a certain gun, and that those bullets would cause almost instant death. I don’t think we need to waste the Court’s time with any further dissertations on abstract science.”

“You’ll pardon me,” Dr. Dixon said, “but you asked me how I knew that the man had received a blow on the head and was unconscious prior to the time the fire started. I want to answer that question.”

“Well, I don’t care about hearing it,” the district attorney said. “That’s all.”

The judge interposed. “It seems the Doctor is trying to tell us something here, and we should know what it is.”

“I withdraw my question,” the district attorney said. “I recognize a desire on the part of Dr. Dixon to show his medical erudition, and while I am perfectly willing to stipulate that he is a man of great scientific qualifications, I see no reason why we should obscure the issues in the case merely in order to enable him to make a public display of his knowledge, a knowledge which I am quite willing to concede.”

“I think,” Dr. Dixon said coldly, “you have entirely misunderstood the purpose of my testimony.”

“Well, in any event, my examination is concluded,” the district attorney said. “That’s all the cross-examination I have.”

The judge looked over at the defence. “Any re-direct?” he asked.

Staunton Irvine shook his head, but before he could say “No re-direct,” Rob Trenton interposed a question. “How do you know the man received a blow on the head prior to the fire?” he asked.

“Just a moment, just a moment,” Berkeley interrupted. “I object, Your Honor, to such an examination. The defendant is represented by counsel and be can certainly trust to the ability of his own attorney. He doesn’t need to step in here with comments, interpolations and questions. The attorney has signified there are no further questions.”

“I think the attorney should ask the questions,” the judge ruled.

“Ask that question then,” Rob Trenton said to his lawyer.

“I object to that,” Berkeley said. “The attorney has already signified there was no re-direct examination. He shook his head.”

Rob Trenton said, “Your Honor. I feel that I have some rights in this case. I...”

“Just a minute,” the judge interrupted. “The attorney may have shaken his head, but that doesn’t mean anything so far as the record is concerned. Counsel has to say something so the court reporter can hear it in order to keep the records straight. Now then, Mr. Irvine, is there any redirect examination?”

Irvine hesitated.

“Ask that question,” Trenton said.

Irvine whispered, “I think we’re just getting into a...”

“Ask that question,” Trenton reiterated.

“Very well,” Irvine said with poor grace. “How do you know the man received a blow on the head and was unconscious prior to the fire, Doctor?”

“Because,” Dr. Dixon said, “when I opened the skull, I found a blood clot inside of the skull which had been quite evidently caused by violence. Probably a blow which had been inflicted on the skull.”

“That’s all,” Irvine said. “No further re-direct.”

Dr. Beaumont whispered excitedly to the district attorney, and the district attorney, with a triumphant smile, said, “Just a moment, Doctor. I have some re-cross-examination. Now you’ve testified that you found some blood in the skull when you opened the skull of the deceased.”