“Go ahead,” the judge said. “I will be able to see the attitude of the witness without having someone point it out to me.”
The district attorney said, “Mr. Ostrander, I’ll call your attention to the night of the twentieth. Did you know the defendant at that time?”
“I did. Yes, sir.”
“Did you see the defendant on that night?”
“Yes, sir.”
“Did he have some weapon with him?”
Ostrander hesitated.
“Answer the question,” snapped the district attorney.
“Yes, sir, he did.”
“Have you ever seen this .32 automatic before?” the district attorney asked, and then added, “Let the record show that I am handing the witness People’s exhibit number three.”
“I... I believe I have.”
“Don’t you know?”
“Yes.”
“Have you?”
“Yes.”
“Where?”
“I saw it late on the evening of the twentieth, or rather earlier, on the morning of the twenty-first.”
“At about what time?”
“Around two o’clock in the morning.”
“And who had that weapon?”
Ostrander changed position.
“Mr. Ostrander, I asked you a question. Who had that weapon?”
“Robert Trenton.”
“The defendant?”
“Yes, sir.”
“Did he make any statement in connection with it?”
“He said that he had been held a captive and had made his escape, and that he had taken this weapon with him to protect himself.”
“And did he say anything about having shot it?”
“Yes. He said he had fired it.”
“How many times?”
“Twice.”
“At what?”
“At... well, in order to force someone on the houseboat to keep his distance; to keep that person from coming ashore.”
“And where was it this conversation took place?”
“At the home of Linda Mae Carroll.”
“What’s the address?”
“205 East Robinson Street, Falthaven.”
“Who was present?”
“Linda Mae Carroll, her niece Linda Carroll, Robert Trenton and I.”
“Anyone else?”
“No one else.”
“How did it happen that you were there, Mr. Ostrander?”
“I had been in contact with Miss Linda Carroll earlier in the day. I decided to try and locate her at the residence of her aunt, Linda Mae Carroll. At that time it was quite late in the evening and...”
“How late?”
“Well, I would say it was around eleven o’clock or eleven-thirty, perhaps a little later.”
“Very well, go on. What happened?”
“And Linda Mae Carroll, that’s Miss Carroll’s aunt, had retired for the night. She got up, however, and very graciously insisted that I stay all night, when it later appeared I’d missed the bus.”
“Cross-examine,” the district attorney said.
Staunton Irvine said belligerently, “How do you know this is the same weapon that you saw?”
“There was a question about notifying the police,” Ostrander said, “and after some discussion it was decided to wait until morning, and go back to the place where the... well, where the trouble had occurred, and look around a bit.”
“Why?”
“Well, it was... it was late, about two o’clock in the morning and we thought things would keep. Robert Trenton was laboring under a misapprehension.”
“What was the misapprehension?”
“He thought that... well, it seemed that the automobile which... I guess I hadn’t better go into that.”
“What I am getting at is, how do you know it is the same gun?”
“Because we wrote down the numbers on the gun, and then it was locked in the desk at the suggestion of one of the parties.”
“Who made that suggestion? Do you know?”
“I think Linda Mae Carroll did.”
“And who had the key to the desk?”
“Why, I believe...”
“Did you?”
“Yes.”
“You’re certain of that?”
“Yes.”
“No further questions,” Irvine said, and, turning to Trenton whispered, “I’m afraid to cross-examine him. He keeps making it worse.”
“Just a moment,” the district attorney said, as Ostrander started to leave the witness-stand. “There are a few questions on re-direct examination. You said something about an automobile which had been a subject of discussion. What was that about?”
“Objected to as incompetent, irrelevant, and immaterial and not proper re-direct examination,” Irvine said.
“But,” the district attorney announced suavely, “you brought out the facts concerning this conversation in your cross-examination. Having shown a part of the conversation, I’m certainly entitled to show all of it.”
“Objection overruled,” the judge said. “Answer the question.”
Ostrander said, uncomfortably, “Robert Trenton thought perhaps the automobile, which had been loaned him by Miss Carroll, had been used in connection with some sort of... well, some illegal activity.”
“Do you mean the smuggling of narcotics?”
“Yes.”
“Well, why didn’t you say so then?”
“I... it’s a subject I don’t care to go into.”
“We’re investigating a murder,” the judge reprimanded. “Your personal feelings are to be relegated to the background, sir. You’re a witness. Do you understand that?”
“Yes, Your Honor,” Ostrander said.
“Proceed,” the judge ordered.
“Just what was that conversation?”
“Well, after we arrived in port, Miss Linda Carroll wanted Robert Trenton to drive the automobile. Some friends were meeting her and she suggested that he drive the automobile home and then she would pick it up later. Well, Trenton told us he’d had a flat tire and in looking around on the underside of the car he’d found a bulge. He told us he purchased a cold chisel and removed this metallic pocket which had been welded to the car, and... well, there was some dope in there.”
“Indeed?” the district attorney said sarcastically. “And at this conversation did Mr. Trenton say what he had done with this dope?”
“He buried it.”
“And he accused Miss Carroll of having been guilty of smuggling?”
“Not that, but he... he said he was trying to get an explanation.”
“And you conveniently forgot to tell the police all about this, didn’t you?”
“I haven’t been asked before.”
“I see,” the district attorney said significantly, and then added, “Do you know where Miss Linda Carroll is now?”
“No, sir. I do not.”
“Very well, that’s all,” the district attorney said, and then, with something of a sneer at counsel for the defence, said, “Does counsel for the defence have any further questions on re-cross-examination?”
“None, Your Honor,” Irvine said uncomfortably.
“Call Linda Mae Carroll to the stand,” the district attorney announced triumphantly.
Linda Mae Carroll took the oath, seated herself on the stand, pointed her nose at the district attorney and clamped her lips together.
“You’ve heard Mr. Merton Ostrander’s testimony?”
“Yes.”
“Is it correct?”
“Yes, I suppose so.”
“What time did this conversation with Mr. Trenton take place?”
“Right around two o’clock in the morning, I think it was.”
“And Trenton produced this gun for your inspection?”
“Well, he produced it.”
“And what did you do with it?”
“Told Merton Ostrander to lock it up right away. I didn’t want to have a gun hanging around the house. I asked him if it was loaded and he took out the clip and showed me that it was loaded. I believe the clip was full except for two shells. I told him to put the clip back and lock that gun up somewhere.”