Mason bowed grave assent. “No objection.”
Burger called in rapid succession the taxi driver who told of taking Della Street to the neighborhood, of the length of time she was absent from his cab, and of then driving her to her apartment. Tragg, recalled to the stand, testified as to finding the kitten in Della Street’s apartment, and Helen Kendal, recalled, identified the kitten as the one which had been poisoned and which she had left with Thomas Lunk on the evening of the thirteenth.
Mason apparently paid not the slightest attention to any of these other witnesses. He did not bother with interposing any objections, nor did he use his right of cross-examination.
Then Lunk was recalled for further cross-examination.
Mason studied the witness for several seconds until the silence focused the attention of everyone in the courtroom upon the importance of what he was about to say.
“When was the last time you remember opening that can of flour in the pantry?”
“The morning of the thirteenth. I made some pancakes for breakfast.”
“And, since I called your attention to the rather large amount of flour which was sprinkled around the base of the can, you haven’t taken the lid off the flour container?”
“No, sir. I haven’t had any chance. The police took me from the hotel and have held me ever since.”
“As a material witness,” Hamilton Burger hastened to explain.
Lunk turned to him with some show of temper and said, “I don’t care why you did it, but you sure did it!”
Judge Lankershim said, “The witness will confine himself to answering questions.”
Mason looked up at Judge Lankershim. “If Your Honor will take a recess for half an hour, I don’t think it will be necessary to ask any more questions.”
“Just what is the object of such a continuance?”
Mason was smiling now. “I couldn’t help observing, Your Honor, that the moment I began this last phase of the cross-examination, Lieutenant Tragg rather hurriedly left the courtroom. I think that thirty minutes will give him ample opportunity to get out to the house, search the flour can, and return.”
“It is your contention that the cover was removed from that flour can sometime during the evening of the thirteenth, or the morning of the fourteenth by some person other than the witness Thomas Lunk?” Judge Lankershim asked.
Mason’s smile broadened. “I think, Your Honor, Lieutenant Tragg will make a very interesting discovery. Your Honor appreciates my position. I am only interested in establishing the innocence of this defendant. Therefore, I don’t care to make any statement as to what may be discovered, nor as to its evidentiary value.”
Judge Lankershim said, “Very well, the Court will take a thirty-minute recess.”
As the people shuffled out of the courtroom to congregate in the hallways, George Alber came pushing forward, a somewhat sheepish grin on his face.
“Sorry if that card mixed things up any,” he said. “As it happens, I was driving by Lunk’s place after the theater. Thought I’d stop and see if a light was on. One was, so I went up and pushed the bell. No one answered, so I left the card — thought Helen might appreciate my thinking of the kitten — and I was a bit worried.
“To tell you the truth, it never occurred to me the bell might be out of order.”
“A light was on?” Mason asked.
“Yes. I could see a light through the shades. I just didn’t knock, because I thought the bell was ringing.”
“What time was this?”
“Oh, right around midnight.”
Mason pursed his lips, said, “You might casually mention it to the district attorney.”
“I have. He says he knows the bell was out of order, so it’s unimportant.”
Mason said, “I guess it is, then.”
Chapter 22
When court reconvened, Hamilton Burger showed very plainly that he was laboring under great excitement.
“If the Court please,” he said, “a very startling situation has developed in this case. I ask permission to withdraw the witness Lunk from the stand and recall Lieutenant Tragg.”
“No objection,” Mason said.
“Very well,” Judge Lankershim ruled. “Lieutenant Tragg will once more take the stand. You have already been sworn, Lieutenant.”
Tragg nodded and walked to the witness stand.
Burger asked, “Have you recently made a trip to the residence of the witness Lunk?”
“Yes, sir.”
“That was within the last thirty minutes?”
“Yes, sir.”
“What did you do?”
“I went into the pantry and took the lid off the tin of flour.”
“Then what did you do?”
“I reached down inside the flour.”
“What did you find?”
Tragg couldn’t keep his voice from being nervously rapid. “I found a .38 caliber, double-action Smith & Wesson revolver.”
“You may tell us what you did with reference to that revolver.”
“I rushed it to the criminal laboratory to see if fingerprints could be developed. I took the number and, while I have traced that number to my satisfaction, I haven’t as yet secured the necessary witnesses to appear and testify. I think I can have a witness here by tomorrow morning.”
“Cross-examine,” Burger said.
Mason said urbanely, “But you have satisfied yourself, Lieutenant, as to what the sales record will show?”
“I have. We have recently compiled statistics so that the sales of any guns within the county, over a period of fifteen years, can be instantly determined — that is, so far as the police are concerned. Of course, those records aren’t anything we can take to court as evidence. We will have to get the original record from the dealer who made the sale.”
Mason said, “I understand, Lieutenant. But those records do give you, for police use, the information which is contained on the dealers’ registers of firearm sales?”
“Yes, sir.”
Mason said, “I will waive all objections as to whether this is or is not the best evidence, and ask you if the police records don’t show this revolver was purchased by Franklin B. Shore sometime prior to January, 1932?”
Tragg’s eyes showed that Mason’s question caught him by surprise, but he answered after a moment, “Yes, sir. That gun, according to our records, was purchased by Franklin B. Shore in October of 1931.”
“And what do you deduce from all this, Lieutenant?” Mason asked.
Judge Lankershim frowned at Mason. “That question, counselor, calls for something which could hardly be binding upon the defendant, nor, of course, would it be permissible, if asked by the prosecution.”
“I understand,” Mason said, “but I take it there is no objection from the prosecution.”
“None whatever,” Burger said, with a triumphant leer at the jury. “I would like nothing better than to have Lieutenant Tragg answer that question.”
Judge Lankershim still hesitated, then said, “There is only one theory upon which this would be admissible as cross-examination, and that would be to show the bias of the witness. In view of the fact that the question may be permissible upon that ground, since there is no objection on the part of the prosecution, I will permit it to be answered. The Court cannot, of course, tell what counsel for the defense has in mind. But the Court does feel that, so far as the proceedings against this defendant are concerned, the constitutional guarantees must be observed. Therefore, the Court will limit the consideration which the jury may give to the answer, as relating to and showing a possible bias on the part of the witness. Under those circumstances, the witness may answer the question.”
Tragg said, “There is no question in my mind but what Franklin B. Shore got up after Thomas Lunk left the house, went to the pantry and concealed this gun in the can of flour; that this kitten followed him into the pantry, jumped in the flour, and that Mr. Shore pushed the kitten out, and the kitten thereupon ran into the bedroom and jumped in the bed which Mr. Shore had just vacated. I may state further that this simply goes to indicate how vitally important a witness Franklin Shore is and was, and emphasizes the gravity of any attempt which might have been made to spirit him away.”