"Well, I must object to that, Mr. Willow," Brackman said, rising again. "You're showing here a collection of answers the witness supposedly got from a dead man. There is no possible way of questioning the dead man as to whether he really did give those answers."
"Is this being offered to show the truth of what it contains?" McIntyre asked.
"No, your Honor."
"I will admit it if its limited purpose is to show the witness's working procedure on his novel."
"To show the evolution of the book, your Honor."
"I will admit it."
"Mark it 'Defendants' Exhibit N in evidence.' "
"Mr. Driscoll, I show you another sheet of paper that lists the steps in the disassembly of an M-1. Did you use this information in your book?"
"Yes, sir. I had the lieutenant ask the men to strip their rifles, as an exercise."
"I am referring now to the so-called 'female rifle' scene."
"Yes, sir, I'm familiar with that scene."
"Was it based upon information you received from the colonel?"
"Well… yes and no. I did receive the information from the colonel, but what actually happened was that I told him what I needed when I spoke to him on the phone, and he brought a book called Military Science and Tactics with him, in which he had marked the section on stripping the M-1. I copied the information directly from the book."
"Onto this sheet of paper?"
"Yes, sir."
"I offer it in evidence."
"I object," Brackman said.
"On what grounds, Mr. Brackman?"
"The witness has testified that his scene was based on information in a book and not on what is now before this Court. I do not see the relevance."
"He has testified," Willow said, "that his notes were taken from a book given to him by the colonel…"
"I did not hear him say the colonel gave him the book."
"Mr. Driscoll, could you…"
"He didn't actually give me the book. He brought it with him to the meeting, and I copied these notes from it."
"We have only the witness's word, your Honor, that the colonel brought the book with him. The alleged exchange involves a dead man who purportedly—"
"Section 4519 does not apply here," Willow said. "In no way can this be considered a transaction with a deceased…"
"I understand that," Brackman said, "and this is not my objection."
"Now just a minute, just a minute," McIntyre said. "It seems to me that the offer is being made only to show that Mr. Driscoll had in his possession material which could have formed the basis of the scene in his novel. Isn't that so, Mr. Willow?"
"Yes, your Honor."
"I will admit it. I think your objection is unfounded, Mr. Brackman."
"Mark it 'Defendants' Exhibit O in evidence.' "
"Mr. Driscoll, when you were writing your book, did you prepare a map upon which were written certain numbers and notes?"
"Your Honor, it pains me to have to object so continuously, especially when I know how interested we all are in having this trial proceed smoothly and rapidly," Brackman said v "But during the pretrial examinations, I can clearly remember Mr. Willow objecting at one point because the witness was my own and I was leading him."
"I'm sure you can also clearly remember, Mr. Brackman, that at the time I also stated I was not objecting to ninety per cent of your questions because we had agreed to be informal about the entire matter."
"That was the pretrial, Mr. Willow, and this is the trial, and I must object now to these leading questions."
"Mr. Driscoll, I show you a drawing of a map, and on this drawing there are certain numbers and notes. Who prepared this map?"
"I did."
"You drew the map?"
"Yes, sir."
"Is this the original drawing?"
"Yes, sir."
"What is it a map of?"
"It's a map of Korea, an enlargement of the Ch'ongch'on River area."
"Do you recognize the handwriting on it?"
"Yes, sir. It is my own."
"What do these notes and numbers signify?"
"They purport to be a patrol route and a timetable."
"Was this map used in your novel?"
"Yes, sir. That's the map that was reproduced in the book. It depicts the area between the Ch'ongch'on and the Yalu, and the map was put there for the reader's convenience so that he could follow what was happening, the trap being set for Lieutenant Cooper."
"The path of the patrol is indicated on this map, is it not?"
"It is."
"And the times at which the squad expects to reach certain marked areas on the map?"
"Yes, sir, the checkpoints."
"In other words, the notations on this map indicate goals and expected times of arrival, do they not?"
"They do."
"Similar to the goals and target dates you made for the writing of your book."
"Objection," Brackman said.
"Sustained. Really, Mr. Willow."
"Is this patrol an important incident in your book?"
"It is."
"A climactic incident?"
"It is."
"I offer the map in evidence."
"No objection."
"I'm grateful Mr. Brackman has no objection," McIntyre said, "but I must admit, Mr. Willow, that my own curiosity is somewhat piqued. For what purpose is this map being offered?"
"Again, your Honor, to show the evolutionary development of this novel. To show how it was written and rewritten, to show the research that went into each scene, to show the devotion to detail, the combination of personal knowledge and imagination that resulted in a unique creation which could not conceivably have been plagiarized from any existing work. This scene in particular, your Honor, this patrol, is one that plaintiff claims is based on the escape of his psychopathic officer and the subsequent accidental killing of a sergeant. When we see how carefully this patrol was conceived and detailed, when we recognize how everything in Mr. Driscoll's novel leads to this patrol and to the subsequent sacrifice his lieutenant makes, we can clearly see…"
"But doesn't this map appear in the novel?"
"A reproduction does, yes, your Honor."
"And has not the novel itself already been admitted in evidence?"
"It has, your Honor."
"Then why on earth do we need the original drawing?"
"Only to call attention to the fact that Mr. Driscoll thought the patrol important enough to make his own drawing illustrating it. That is all, your Honor."
"I do feel, Mr. Willow, that it might have been a simpler matter to have shown him the reproduction in an exhibit already admitted, and then asked whether or not he had drawn the original."
"If your Honor please," Brackman said, "I quite agree with you, even though I have been exceedingly reluctant to interrupt Mr. Willow. I remind him again that there was a court order we may be violating here, the one stating that all documents be delivered to us. I assume Mr. Willow is not deliberately sidestepping that order, and that several of these documents which I'm hearing of for the first time today were truly received just before the trial began. Nonetheless, the offer of so many of them is cluttering the record unnecessarily."
"How many more will there be, Mr. Willow?" McIntyre asked.
"I've tried to limit them, your Honor…"
"Yes, but how many more will there be?"
"… to those concerning specific alleged similarities. But we will be brief."
"How many more?"
"Two or three, your Honor."
"I hope so, Mr. Willow. I will admit the map."
"Mark it 'Defendants' Exhibit P in evidence,' " the clerk said.
"Mr. Driscoll, when did you complete the first draft of your novel?"
"In January of 1963."
"Do you remember the exact date?"
"Yes, it was January 26, 1963."
"How do you happen to remember this date?"