“You made a stop?”

  “Yes.”

  “Where?”

  “I stopped at a butcher shop and got a beefsteak to put on my eye,” the witness said.

  There was a ripple of laughter in the courtroom, and Judge Sedgwick indulgently joined in the levity to the extent of smiling, after which, however, he held up his hand, signifying that he wanted complete silence in the courtroom.

  “All right,” Mason said, “you got a beefsteak for your eye, and then you went home.”

  “Yes.”

  “Then what did you do?”

  “I remained quiet. I found that I had become rather unnerved and angry. I have trouble with my blood pressure. I took medicine the doctor had prescribed for me, which has a tendency to quiet me and, I believe, lower my blood pressure. I remained home during the evening.”

  “You didn’t try to do any more business in connection with picking up stock?”

  “No.”

  “I submit,” Mason said, “that you gave up rather easily, Mr Elkins. You started out with a grim determination to find out what was back of all of this activity in the Sylvan Glade Development Company stock, and then suddenly you seemed to lose all interest in the matter.”

  “I had a good punch in the eye,” Elkins said. “I suddenly realized that my health was worth more than a few dollars. I felt that I would go to work the next day, when I felt better.”

  “Go to work in what way?”

  “I intended to call on Mr Doxey and ask to inspect the stock ledger. I intended to find out how many shares of stock Lutts had bought from Neffs and intended to force some sort of a showdown.”

  “Neffs had been generally opposed to your policies in the company?”

  “Quite frequently. We didn’t get along.”

  “Is it true that Lutts was rather belligerent in his reactions?”

  “Objected to as incompetent, irrelevant and immaterial, and not proper cross-examination, calling for a conclusion of the witness,” Hamilton Burger said.

  “I think I’ll permit that question,” Judge Sedgwick said. “The objection is overruled.”

  “Well, he was always inclined to start a counteroffensive in case anyone tramped on his toes.”

  “Exactly,” Mason said. “So, in case someone had fired a shot at him and had missed, the natural reaction for George Lutts would have been to turn and charge his assailant.”

  “Your Honour,” Hamilton Burger protested, “I object to that question on the ground that it’s not proper cross-examination, that it’s argumentative, that it calls for a conclusion of the witness, that it invades the province of the jury and–”

  “You don’t need to go any further,” Judge Sedgwick said. “The objection is sustained. This question is clearly objectionable, Mr Mason.”

  “I am trying to establish a certain fact,” Mason said, “and–”

  “The Court knows quite well what you’re trying to establish,” Judge Sedgwick said. “You’re entitled to cross-examine this witness, and when you argue the case to the jury, you are entitled to engage in any reasonable surmise. But you can’t use this witness as a sounding board against which to make a premature argument to the jury. Now, go ahead.”

  Mason said, “In view of the Court’s ruling, I feel that I have explored this phase of the matter as far as I can go.”

  “I think you have, too,” Judge Sedgwick said. “However, I’m not going to preclude you from framing questions.”

  “Now this mysterious affair that you had with the motorist out there when you got your black eye, did you – ?”

  “I object to characterizing this as a mysterious affair,” Hamilton Burger said. “Counsel can frame his questions so that he leaves out all of this argumentative material–”

  “Objection overruled,” Judge Sedgwick said. “If counsel wishes to refer to it as a mysterious affair, he has that right. The witness can explain the situation, if he wishes. Go ahead, Mr Mason. I believe you were interrupted by the objection.”

  “This mysterious accident that you had,” Mason continued, “you don’t know with whom you had the altercation?”

  “There was nothing mysterious about it; it was just a roadside altercation.”

  “You didn’t get the man’s name?”

  “No.”

  “You didn’t get the licence number of his car?”

  “No.”

  “Why not?”

  “I didn’t choose to report it.”

  “What kind of a car was he driving?”

  “A big car.”

  “Do you know the make?”

  “No.”

  Mason announced suddenly, “I have no further questions on cross-examination.”

  Judge Sedgwick glanced up in quick surprise.

  Hamilton Burger heaved a sigh of relief. “That, Your Honour, is the people’s case,” he said. “The prosecution rests.”

  “The defence will proceed,” Judge Sedgwick announced.

  “Yes, Your Honour,” Mason said.

  “Call your first witness,” Judge Sedgwick said. “Or do you wish to make an opening statement at this time?”

  “No, Your Honour,” Mason said, “I’ll waive my opening statement. As my first witness I’ll call–” He looked around the courtroom – “Enright Harlan.”

  Hamilton Burger’s face showed unmistakable surprise.

  “Come forward and take the stand, Mr Harlan,” Judge Sedgwick directed.

  Enright Harlan came forward, held up his right hand and was sworn.

  “Your name is Enright A Harlan? You are the husband of the defendant in this case?”

  “Yes, sir.”

  “You have your residence at 609 Lamison Avenue in this city?”

  “Yes, sir.”

  “You are a sportsman, an outdoor man, a hunter?”

  “I do quite a bit of hunting and fishing.”

  “You are in the real estate business?”

  “Yes.”

  “As a realtor, you sold Mrs Roxy Claffin certain property to the north of the Sylvan Glade Development Company?”

  “Just a moment,” Hamilton Burger said. “I object, Your Honour. This is incompetent, irrelevant and immaterial.”

  “It is merely preliminary,” Mason said.

  “If the Court please,” Hamilton Burger protested, “here is a witness whom I couldn’t call. The law specifically provides that in a case of this sort, the husband cannot be a witness against his wife, unless the wife consents. Counsel for the defence is, therefore, in a position to call this very, very friendly witness. I therefore insist that the examination be conducted within the strict limits laid down by the law.”

  Judge Sedgwick ruled, “The question, quite obviously, is preliminary, so the witness may answer it.”

  “Yes,” Enright Harlan said, “I did some work for Mrs Claffin.”

  “When did you first meet Mrs Claffin?”

  “About … about eight or ten months ago.”

  “How did you meet her?”

  “She looked me up.”

  “You weren’t introduced to her by any members of the board of directors of the Sylvan Glade Development Company?”

  “No,” Harlan said, smiling faintly. “The situation was the other way around. She introduced me to one of the directors – Herbert Doxey.”

  “Did you meet any of the other directors through her?”

  “No.”

  “You have a collection of revolvers?”

  “I had seven revolvers, yes.”

  “How many do you have now?”

  “I have the full quota of revolvers, with the exception of the one taken by the police. It is in evidence as the fatal weapon in this case.”

  “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 signalled 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 Honour.”

  “A peculiar situation has developed in this case.”

  “Yes, Your Honour.”

  “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 Honour.”

  “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 Honour.”

  “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 Honour.”

  “Under those circumstances, do you still insist upon an answer to this question?”

  “I do, Your Honour.”

  “It is most unusual,” Judge Sedgwick said.

  “It is an unusual case, Your Honour.”

  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.”

  “Well–” Judge Sedgwick raised his eyes, looked across the room at Paul Drake. “You there – with that truck!”

  “Yes, Your Honour,” Paul Drake said.

  “Wait there until counsel finishes the examination of this witness, and then the Court will take a brief recess.

  “Now, go ahead, Mr Mason. We cannot stand such interruptions … and it seems to me you could have secured a more silent truck.”

  “Yes, Your Honour.”

  “Proceed with the examination of this witness.”

  Mason turned to the witness. “I want you to check your remaining revolvers with the list of numbers, and I want you to produce that list of numbers.”

  “Oh, Your Honour,” Hamilton Burger said, “this is entirely beside the point.”

  “If the Court please,” Mason said, “I intend to connect this up. I will assure the Court that this is a very vital part of my defence. I want this witness to get the list of numbers on those revolvers and to check the revolvers. I want a complete inventory.”

  “I don’t see why, Mr Mason,” Judge Sedgwick said. “According to the testimony which you yourself have now introduced, that weapon is now definitely brought home to the possession of this witness, the husband of the defendant. I fail to see what can be ascertained by finding out anything about the other remaining weapons.”

  Mason said, “I might wish to prove, at least by inference, that someone else had access to that locked receptacle.”

  Judge Sedgwick stroked his chin. “Well, of course, that is a different matter.”

  He turned to the witness. “How long will it take you to go to your house, get the list of numbers, open that receptacle and check the weapons that are in it?”

  “I would say probably forty-five minutes to an hour. It will take about that to get out there, open the place, find the list, check the numbers and get back to court.”

  “I want the witness to do that,” Mason said.

  “You have some other witness you can put on while that is being done?” Judge Sedgwick asked.

  “Unfortunately, Your Honour, I do not. I am going to ask the Court to take an adjournment until one-thirty this afternoon. I feel that we are entitled to this because this case is running well ahead of schedule, and I think that in large part this has been due to my desire to co-operate with the Court and counsel in getting the facts before the Court.”

  Judge Sedgwick shook his head. “I appreciate counsel’s co-operation. However, the Court cannot take such a long recess. The Court will adjourn until eleven-thirty. I feel that Mr Harlan can get out there and back in that time. The Court will ask one of the officers to provide Mr Harlan with police transportation. This may expedite matters somewhat. You will get out there, get that list, and get back just as soon as possible, Mr Harlan. Court will take a recess until eleven-thirty.”