Эрл Гарднер - The Case of the Musical Cow

“I did.”

“And do you think that is the result of a blow sustained on the head?”

“I do.”

“Don’t you know, as a matter of fact, Doctor, that in cases of burning, the heat may cause the skull to crack open and frequently does cause fractures of the skull, so that the relatively inexperienced pathologist — and I say this with no personal implications, but merely for the purpose of establishing a scientific fact — will accept the evidence of such heat fracture as an indication that direct violence had been suffered before death?”

“I’m quite aware of all of that,” Dr. Dixon said, “but I analyzed the blood in the brain for the presence of carbon monoxide and found none. I was able to gather a sample of blood from the liver and analyzed that and found a high percentage of carbon monoxide. It is, therefore, a fact which is not subject to serious question, that the blood which formed the clot in the head had been formed before the fire , because this blood had ceased to circulate when the fire started. Whereas the blood which was circulating through the heart and the respiratory system did become contaminated with carbon monoxide. I know, therefore, that the injury sufficient to cause this rather substantial blood clot was inflicted before the fire. Therefore, I am forced to the conclusion that the man was unconscious at the time the fire started and that he lived long enough after the fire started to inhale particles of soot in the smoke and to have the blood which was circulating impregnated with a high percentage of carbon monoxide, enough to cause unconsciousness and probably to bring about death before the flames actually reached the body. I also know that he had received violent blows on the body prior to the time of death. It is, therefore, my conclusion that the two bullets which were found in the body in a place which would ordinarily have caused instant death, were deliberately fired into the body after death had taken place .”

“But that couldn’t have been, Doctor,” the district attorney shouted. “Your testimony is against all the evidence. The gun was fired twice, prior to the time the fire started, and after that the gun was accounted for all the time.”

“How do you know it was accounted for all the time?” Dr. Dixon asked.

“It was locked in a desk.”

“And who had the key to that desk?”

The district attorney said, “But that’s an absurd situation, Your Honor. It assumed a weird, bizarre sequence of events for which there is no evidence.”

Merton Ostrander, on his feet, said from his place in the front row of spectators. “Your Honor, I had that key. It did not leave my possession all night. I resent any implication which is being made and demand an opportunity to vindicate myself.”

“Just a minute,” the judge observed, banging his gavel for order. “You’ve already testified, and if the Court wants any more testimony from you, it’ll call you to the witness-stand where you’ll be under oath and we’ll find out what all this is about. I don’t want any comment from the spectators.”

The judge ran his hand over his forehead, then scratched at the back of his head thoughtfully.

Staunton Irvine said, “Your Honor, I think we are all overlooking one very significant factor in the situation. There was present at that house a young woman, Linda Carroll, the niece of Linda Mae Carroll. This young woman was present throughout the entire European trip. It was on the car of this young woman that the concealed heroin was found. This young woman was at the house when the defendant arrived with this automatic weapon and this young woman has now mysteriously vanished. I have tried to serve a subpoena on her and have been unable to locate her. It is in evidence that police have searched for her, and searched in vain. I now believe that my client is entitled to...”

“Don’t you say a word against my niece,” Linda Mae snapped, getting to her feet. “She’s a good girl, she’ll show up when it’s time for her to show up. She isn’t going to have her name dragged through the mud, and what’s more she’s nervous. She...”

The judge banged his gavel furiously. “I’ve repeatedly admonished the spectators,” he said, “not to interject comments.”

“I’m not interjecting a comment,” Linda Mae said. “I’m trying to keep this Court from making a fool of itself.”

Despite the excitement of the spectators and the decorum of the Court, there was a burst of laughter.

The judge pounded with the gavel for a moment, then suddenly smiled, and himself seemed to have some difficulty in refraining from laughing. However, he said, “That will do. Sit down, Miss Carroll. The Court will consider this matter in an orderly way.”

Staunton Irvine said, “Your Honor, I feel that Merton Ostrander’s comments are very definitely in order. While it is true that I am representing the defendant in this action, I have known Merton Ostrander for years and can vouch for...”

“What are you here for?” the judge interrupted.

“Why, Your Honor, I’m trying to see that justice is done.”

“You’re supposed to be representing this defendant,” the judge said.

“I am, Your Honor, but I cannot help but state that I have known Merton Ostrander and can vouch for his integrity.”

“You don’t have to vouch for anyone’s integrity,” the judge said. “You’re supposed to be representing this defendant, and if there’s any explanation for what’s happened that makes him blameless, you’re supposed to call that explanation to the attention of the Court.”

“Even if I know that it is too absurd to be tenable, Your Honor? I too wish to point out the same point which was previously raised, that there was another person present in that house, and...”

Rob Trenton suddenly pushed his chair back, got to his feet. “Your Honor,” he asked, “do I have the privilege of making any comment?”

“Not as long as you have an attorney to represent you.”

“Do I have the privilege of discharging that attorney?”

“You do if you wish,” the judge said.

Trenton turned to the attorney. “You’re discharged,” he said.

“I resent that,” Irvine said. “I’ve consistently endeavored to protect your interests in a way that...”

“Never mind talking about what’s gone before,” Trenton said. “I want to conduct my own defence from now on, and in order to do it I have to discharge you. Therefore, you’re discharged. Do you understand that?”

“I understand it, but I feel that such action, particularly taking place as it does in a public manner, is derogatory to my professional dignity and reputation and...”

“All right,” the judge interrupted, “you’re discharged. Now, young man, you want to say something. What is it?”

Trenton said, “I want to ask Dr. Dixon some more questions.”

“Go right ahead. The Court also has a few questions it would like to have answered. This procedure is probably a little irregular, but we’re going to try and get to the bottom of this thing.”

Trenton said to Dr. Dixon, “Are there any further facts you have, Doctor, which shed any light on what happened?”

Dr. Dixon’s voice was deadly cold in its scientific accuracy. “There are several things. In the first place one wonders why the bullets, exhibits one and two, did not go entirely through the body. They very conveniently remained lodged in the vital organs.

“If you will examine these bullets carefully you will find certain marks upon them which are virtually identical, yet which were not made by the grooves or lands of the barrel of the weapon, exhibit three.

“It seems obvious that these are the marks made by pliers; that the bullets were first extracted from the cartridge cases so that some of the powder charge could be removed, that the bullets were then replaced in these weakened cartridge cases and then fired into the body of the deceased.