Mason smiled. “It also indicates that Franklin Shore was, very shortly after the shooting of Jerry Templar, in possession of the revolver with which the shooting was perpetrated, and of the same revolver which, in all probability, fired the fatal bullet into the body of Henry Leech, does it not?”
Burger said, “I’m going to object to that question, Your Honor, upon the ground that it is argumentative, and not proper cross-examination.”
Judge Lankershim said, “It is highly irregular. It is far afield from the ordinary course of examination. It indicates what happens when a police witness is permitted to give his opinion and deductions under the guise of evidence. However, by failing to object to that other question, the prosecution has opened the door to this entire line of cross-examination. Only, however, for the purpose of showing the bias of the witness. If this witness is once permitted to give his deductions as to what the facts indicate, counsel for the defense should be permitted to point out to the witness a possible fallacy in his reasoning. I think I see the point counsel is driving at, and I think I appreciate what his next question will be — a question which might very seriously affect the case of the prosecution. By permitting the door to be opened at all, the district attorney has given counsel an opportunity to open it all the way. I am going to let the witness answer this question as well as the question which I feel certain will follow.”
Tragg said cautiously, “I don’t know that it’s the same gun with which the crimes were committed. It is a gun of the same caliber and the same description. There were three discharged shells in the cylinder of that gun, and the remaining three cylinders were loaded with shells and bullets of the same general character as those recovered from the body of Henry Leech, from the woodwork at the Shore house, and from Jerry Templar at the time he was operated on.”
Mason looked at Hamilton Burger and winked. He turned to the jury and smiled triumphantly. “And now, Lieutenant,” he said to the witness, “I will ask you if it isn’t equally fair to assume, if this weapon should prove to be the murder weapon, that Franklin Shore, having concealed that weapon in the residence of Thomas Lunk, would then have been most anxious to make his escape?”
“Objected to,” Hamilton Burger shouted, “upon the ground that this is taking the witness far afield into the realm of conjecture. That is a matter which counsel can argue to the jury. It is not a question to be asked of this witness.”
Judge Lankershim said, “It is precisely the question which I thought counsel would ask next. The objection is overruled. The witness will answer it — but remember, the answer is admissible only to show possible bias.”
Tragg said, “I don’t know. It is, of course, a possibility.”
Judge Lankershim turned to the jury. “The jurors will understand that these last few questions have been permitted only for the purpose of showing the attitude of the witness. In other words, the possible bias of the witness, meaning by that any prejudice which he might entertain against the defendant. The questions and answers can have no evidentiary value except for that single purpose. You will consider them only for that purpose.”
Mason settled back in his chair and said to Lieutenant Tragg, “Now when you found that gun in the flour, Lieutenant, you were somewhat excited, were you not?”
“Not exactly.”
“You were in a hurry to get back to court and hand that gun to the police laboratory?”
“Yes.”
“In so much of a hurry,” Mason said, “that I take it you didn’t search the can of flour to see what else it might have contained.”
The expression of sudden consternation upon Tragg’s face foreshadowed his answer. “I... I didn’t make any further search of the can. But I did bring that can along with me and give it to the police laboratory to search for fingerprints.”
Mason glanced at Judge Lankershim and said, “I submit, Your Honor, that the case having gone this far, the witness should be permitted to...”
There was a commotion in the back of the courtroom. The dour Scotchman who presided over the criminal laboratory of the police came pushing his way through the spectators who had gathered around the door.
Mason said, “However, Your Honor, I think that Angus MacIntosh is about to supply that information. We are perfectly willing to let Lieutenant Tragg step down and Mr. MacIntosh, who has already been sworn as a witness, take the stand.”
Hamilton Burger said, cautiously, “I don’t know what counsel is getting at. If the Court will pardon me a moment, I would like to talk with Mr. MacIntosh.”
Burger arose hastily and stepped over to the rail which separated the counsel table from the spectators. He engaged in a whispered conference with Angus MacIntosh, then looked at Perry Mason with a puzzled frown, following which he said abruptly to Judge Lankershim, “If the Court please, we would like to have a recess until tomorrow morning.”
“Any objection?” Judge Lankershim asked Perry Mason.
“Yes, Your Honor. If the district attorney won’t put Angus MacIntosh on the stand, I want to call him as a witness for the defense.”
Hamilton Burger said testily, “The prosecution has not yet concluded its evidence. The defense will have ample opportunity to call its own witnesses when the prosecution rests.”
Judge Lankershim said acidly, “The request for a continuance is denied. Proceed with your cross-examination of Lieutenant Tragg, Mr. Mason.”
Mason said, “I have no further questions, Your Honor. Nor have I any further questions of the witness Lunk whose cross-examination was interrupted to permit Lieutenant Tragg to be once more placed on the witness stand.”
Hamilton Burger said quickly, “Under those circumstances, I have some more questions to ask the witness Lunk on redirect examination.”
Judge Lankershim’s voice showed his impatience. “Very well. You may stand down, Lieutenant, and the witness Lunk will again take the stand. But, kindly don’t waste time, Mr. District Attorney.”
When Lunk had once more resumed his position in the witness chair, Hamilton Burger said, “Mr. Lunk, did you at any time after the morning of the thirteenth open that can of flour in your pantry?”
“Objected to as already asked and answered,” Mason said.
“It has been asked and answered, but under the circumstances, I will permit it to be asked again,” Judge Lankershim said. “The witness will answer the question.”
Lunk said, “No. After I made the pancakes on the morning of the thirteenth, I didn’t take the lid off the flour can again.”
“Did you use that flour can for any other purpose than storing flour — in other words, did you keep or did you put anything other than flour in that can at any time?”
“No, sir.”
Burger hesitated, then said, “That is all.”
“No questions,” Mason said.
Judge Lankershim looked at the clock, then at the district attorney. “Call your next witness.”
Hamilton Burger said, with somewhat poor grace, “Angus MacIntosh will take the stand. Mr. MacIntosh has already been sworn and has testified to his position in the police laboratories.”