“So that you have six revolvers left?”
“That’s right.”
“You heard the testimony about the revolver which has been introduced in evidence and which is described as the fatal weapon?”
“Yes.”
“Is that your gun?”
“Mr. Mason,” the witness said, “this is putting me in a very uncomfortable position. I don’t want to testify against my wife in this matter, and I—”
“Nevertheless,” Mason said, “whether it’s a disagreeable task or not, I’m asking you to answer the questions.”
“Well... I... yes, it’s my gun. I sent my secretary to pick it up when I bought it, which is why the name on the gun register is not in my handwriting.”
“Now then,” Mason said, “you got to know Mrs. Claffin quite well in connection with your business deals?”
“What do you mean by that?”
“You saw a good deal of her?”
“She had some real estate matters and—”
“Answer the question. You saw a good deal of her?”
“I was there quite a bit, yes.”
“She was living there alone in a house to the north of the Sylvan Glade Development Company’s holdings?”
“Yes.”
“Rather a nice house?”
“Yes.”
“Did you,” Mason asked, “at any time discuss with her the question of her personal safety, living out in an isolated district that way?”
“Objected to as incompetent, irrelevant and immaterial, calling for hearsay testimony,” Hamilton Burger said.
“Sustained,” Judge Sedgwick ruled.
“Did you ever take it upon yourself to give her lessons in shooting a revolver?”
“Yes.”
“What revolver did you use?”
“It was one of mine.”
“Out of your collection?”
“Yes.”
“Did you,” Mason asked, “ever give Roxy Claffin a revolver from your collection for her personal protection?”
“Objected to as incompetent, irrelevant and immaterial,” Burger said.
“Overruled,” Judge Sedgwick said, his voice showing sudden interest.
“Answer the question,” Mason said.
“I... well, as a matter of fact, I did.”
“When?”
“I would say about... oh, sometime in April.”
“Some two months prior to the murder?”
“Something like that.”
“She still has the weapon?”
“No, she returned it to me.”
“When?”
“Objected to as incompetent, irrelevant and immaterial,” Hamilton Burger said.
Judge Sedgwick looked at Mason, looked at the district attorney. Suddenly, at something he saw in Mason’s face, the judge settled back in his swivel chair and said, “The objection is overruled. Answer the question.”
Harlan said, “She returned the weapon to me on May thirtieth. She said she was more afraid of the gun than of prowlers, that she was such a poor shot she couldn’t hit a man anyway.”
“That was on May thirtieth?”
“Yes.”
“What did you do with that weapon?”
“I put it back in my collection of weapons.”
“When?”
“That afternoon.”
“What kind of a weapon was it?”
“A Smith and Wesson revolver.”
“Similar to the People’s exhibit in this case?”
“The same type of weapon. I buy revolvers in pairs, so that I can do target shooting with a friend and we will both have the same type of weapon.”
“Do you keep your weapons insured?”
“We have an over-all comprehensive policy, covering breakage, theft, loss.”
“Do you keep a record showing the numbers of your various guns?”
“Objected to as incompetent, irrelevant and immaterial,” Marvin Pierson, the trial deputy, said. “It is, if the Court please, completely extraneous, entirely removed from the subject matter of this case.”
“Objection overruled.”
“Yes, I keep a list of numbers.”
“Do you have that list with you?”
“No, of course not.”
Mason turned and caught the eye of Paul Drake. The lawyer signaled the detective.
Mason stood for a long moment facing Enright Harlan. “Where do you keep your firearms, Mr. Harlan?” he asked.
“My rifles and shotguns are kept in a series of gun cabinets with glass doors. My shotguns—”
“How about your revolvers?”
“They are kept in a concealed, locked container.”
“A locked container?”
“Yes. It’s a specially constructed compartment.”
“That container or compartment is always kept locked?”
“Yes, sir. I am very particular about that. I have a very high-grade lock on it. It is one which I am assured cannot be picked. There are only two keys to that lock. I have always been apprehensive lest some burglar break into the house, steal my revolvers, and use them in a career of crime. These revolvers are therefore kept in a locked wall compartment, concealed behind a sliding panel.”
“There are two keys to that receptacle?”
“Yes.”
“You have one?”
“Yes.”
“Who has the other?”
“Now just a moment,” Judge Sedgwick said, interrupting the witness. “Don’t answer that question, Mr. Harlan. Mr. Mason.”
“Yes, Your Honor.”
“A peculiar situation has developed in this case.”
“Yes, Your Honor.”
“As the district attorney has pointed out, the prosecution has no power to call this witness. He cannot be examined for or against the defendant in this case without the permission of the wife.”
“I am familiar with the law, Your Honor.”
“Therefore, it would seem that certain evidence which might be directly adverse to the defendant in this case can only be brought out through this witness, and that you are the only one having the power to bring it out.”
“Yes, Your Honor.”
“But you are charged with representing the interests of the defendant. The Court does not want to see the interests of the defendant jeopardized. The Court points out to you your professional responsibility in this matter.”
“Yes, Your Honor.”
“Under those circumstances, do you still insist upon an answer to this question?”
“I do, Your Honor.”
“It is most unusual,” Judge Sedgwick said.
“It is an unusual case, Your Honor.”
Judge Sedgwick’s lips tightened. “The Court is without power to prevent this situation if — Mrs. Harlan.”
Sybil Harlan looked up.
“Do you object to having your husband called as a witness in this case?” Judge Sedgwick asked.
“Not if Mr. Mason says that is the thing to do.”
Judge Sedgwick sighed. “Very well, the witness will answer the question.”
“Who had the other key?” Mason asked.
“My wife.”
Judge Sedgwick frowned, started to say something, checked himself.
“So that the only two persons who could possibly have access to that receptacle where the revolvers are kept are you and your wife?”
“That’s right.”
The swinging doors of the courtroom were pulled aside. Wheels creaked, as Paul Drake and an assistant, pushing a four-wheeled hand truck with loudly squeaking wheels, entered the courtroom.
“What is this?” Judge Sedgwick asked.
“If the Court please,” Mason said, “I must beg the indulgence of the Court, but as a part of my case it is necessary for me to introduce in evidence some material that has been discarded by one of the... well, it is very heavy material. This was the only way I could bring it to Court. I am sorry it is necessary to interrupt proceedings at this time—”
“You should have waited until the Court takes its recess,” Judge Sedgwick said. “This is a disturbance we cannot tolerate.”
“But,” Mason said, “I need this evidence as a part of my case.”