Hamilton Burger’s face showed great satisfaction, “And as a result of your knowledge, do I understand you to say that this weapon had been recently fired?”
“Within twenty-four hours,” Beaton said positively.
“How can you tell?”
“By the smell of powder fumes in the barrel. There’s a certain subtle change in odor after a weapon is fired. For the first few hours there’s a decided acrid odor, which later gives way to a more metallic smell.”
“Now, you have pointed out on the map, People’s exhibit C, the approximate spot where this weapon was found. Can you state anything in connection with the physical appearance of the ground?”
Beaton said carefully, “The weapon, when Miss Strague and I found it, was lying in some pine needles, which in turn were on a rather soft stretch of ground. The weapon was indented in the ground, as though it has been stepped on.”
“Were there any marks of struggle?”
“The pine needles would not hold clear-cut footprints, but there was a certain scuffing of the pine needles in the immediate vicinity. I’m accustomed to studying tracks in connection with my photographic activities. A deer in deep pine needles will leave a certain scuffed-up track, and I thought for a while these were deer tracks, but I changed my mind when—”
“Never mind your conclusions, Mr. Beaton. Simply state the physical appearance of the pine needles.”
“Well, they were scuffed up.”
“You may cross-examine,” Burger said to Perry Mason.
“What brought you to this particular place,” Mason asked, “at the time you discovered the gun?”
“Miss Strague and I were prospecting for a camera location. For some time I had been planning to set up one of my camera traps at a spot immediately to the south and west of the granite outcropping. A careful study of the tracks of animals, however, convinced me at the last minute that there was a better location for the camera to the south and east of this rock outcropping.”
“At approximately the point where the weapon was discovered?”
“Yes, sir. I was making a survey there, preparatory to placing the camera there.”
“And previously you had made a survey of the point to the south and west?”
“That’s right.”
“And on this particular occasion, when you and Miss Strague found this weapon, you took notice of the tracks, Mr. Beaton?”
“Yes, sir.”
“And you state that you have made it a point to notice tracks?”
“Yes, sir. I consider myself something of a naturalist. In getting night photographs of nocturnal animals, one must necessarily place cameras with some degree of skill — at least if first-class photographs are to result.”
“During the time that you were making a survey of this locality, did you see any clock, or did you hear the ticking of any clock, or did you—”
Hamilton Burger was up on his feet, clearing his throat importantly as he arose. “Your Honor,” he interrupted, “it seems that — no, Your Honor, pardon me Counselor, finish the question.”
“Or,” Mason asked, “did you notice any indication that the ground had been disturbed in any way?”
“Your Honor,” Hamilton Burger said, “this is objected to as incompetent, irrelevant and immaterial, as not proper cross-examination. If the defendants wish to get any evidence concerning a clock into this case, it will be necessary for them to introduce it on their own case and as part of that case. Furthermore, it appears that an attempt at this time to drag an alarm clock into this case, and to enshroud it with some sinister significance, is merely an attempt to confuse the issues and the jurors. I challenge counsel to point out to the court at this time any possible theory on which this clock can have anything to do with the murder of Jack Hardisty.”
Burger sat down.
Mason smiled and said, “At this time, Your Honor, I am only cross-examining the witness to test his recollection, and to determine the nature and extent of the search he made at that time.”
“As cross-examination directed for that purpose, the question will be permitted, and the objection is overruled,” Judge Canfield said.
“No, sir. I saw no sign of any buried clock, I heard no ticking of any clock. I saw no indication that the ground had been disturbed.”
“Subsequently, Mr. Beaton, while you were on the ground, did you have any of the witnesses point out to you a spot at which a clock had been found?”
Both Hamilton Burger and Thomas McNair were on their feet. It was Thomas McNair, forceful, dramatic, rapid in his conversation, who managed to get the first objection into the record. “Your Honor, we object. That is absolutely incompetent. It is an attempt to drag another issue into this case. It calls for hearsay evidence. It is an attempt to prove an incompetent fact by asking a witness about a conversation.”
Hamilton Burger cleared his throat, added importantly, “It is a matter which has, at no time, been touched upon in direct examination, Your Honor. No claim is made that the question even relates to the same general locality, concerning which the witness testified.”
Judge Canfield nodded his head. “It would seem that this objection is well taken, Counselor,” he said to Mason.
“I would like to be heard upon it, Your Honor.”
“Very well.”
Mason looked at the clock. “This, Your Honor, is a crucial point in the case. I think, if the Court please, I can get some authorities on the matter if I am given a little time. After all, some of the events of the morning, while known in advance to the district attorney, have naturally taken the defense entirely by surprise. The Court will note that this testimony about the second gun is at complete variance to the situation as heretofore disclosed by the testimony.”
“But that was outlined, anticipated and even suggested in your cross-examination yesterday, Mr. Mason.”
There was a smile in Mason’s eyes as he said, “And the witness offered to bet me a million dollars there was no second weapon to be found in that barranca. In the absence of the million-dollar payment, I should be en titled to sufficient time to investigate the new legal situation disclosed by this abrupt switch in the testimony.”
“Very well,” Judge Canfield said, smiling. “Court will take a recess until two o’clock this afternoon. If you wish to look up authorities, Mr. Mason, please bear in mind the point made by the prosecution, that this is an attempt to prove an extraneous fact by hearsay evidence. Not only does the Court consider the fact itself to be extraneous and irrelevant, but the question, as framed, called upon the witness to relate some action he had taken in connection with a statement made by some other person.”
“But Your Honor will note,” Mason said, “that the question relates to an activity on the part of this witness. The reason for that activity is embodied as a part of the question. I think we are entitled to show the activity, and, having shown that, the reason for it, as it might tend to show bias on the part of the witness.”
Judge Canfield frowned thoughtfully, then shook his head.
Hamilton Burger said, “If the Court please—”
“The Court will recess until two o’clock,” Judge Canfield said, “and all arguments will be heard at that time. In the meantime, there is nothing to be gained by a further discussion. However, the Court will consider that it is incumbent upon Mr. Mason to produce authorities in support of his question. Failing in that, the objection will be sustained. I think that clarifies the situation and the position of the Court. We will recess until two o’clock.”