“You used the paraffin test?”
“Yes.”
“Thank you,” Mason said. “That’s all.”
Elliott called Dr. Reeves Garfield, who testified that he was from the coroner’s office, that he had gone to the scene of the crime within an hour after the body had been discovered. He had supervised the taking of photographs, and had made on-the-spot observations. He had assisted in performing the autopsy. He gave it as his conclusion that death had taken place sometime between six-fifteen and seven o’clock.
“Cross-examine,” Elliott said.
“The body was clothed when you saw it?”
“Yes.”
“In rigor?”
“I will say this: It was partially in rigor.”
“What do you mean by that?”
“Rigor mortis begins at the chin and throat muscles and slowly spreads downward until the entire body is involved. Then rigor begins to leave the body in the same order in which it was formed.”
“And rigor varies as to time?”
“Very much. Much more so than many of the authorities would indicate. A great deal depends upon individual circumstances. I have known of one case in which rigor developed almost immediately.”
“What was the reason for that?”
“There had been a physical struggle, and an emotional disturbance at the time of death. I have known one other case where rigor was quite well developed within thirty minutes. And by that I mean a complete rigor.”
“Under ordinary circumstances, the onset is much slower than that?”
“Oh, yes. Much slower.”
“You say the body had developed rigor mortis at least in part. Were you there when the body was moved from the hotel?”
“Yes.”
“And what was done with reference to rigor at that time?”
“The rigor was broken.”
“What do you mean by that?”
“When a person dies,” Dr. Garfield said, “the muscles are at first completely limp. The head can be moved from side to side with the greatest of ease. The limbs can be flexed. Then after a variable period of time, depending on circumstances, the rigor sets in, and when the rigor is completely developed, the body has become stiff.”
“How stiff?”
“Very stiff indeed.”
“Then what?”
“Then after a lapse of time as the muscles become alkaline again, the rigor leaves the body and the body once more becomes limp.”
“Now, what do you mean by saying that rigor can be broken?”
“You can forcibly move the limbs after rigor has developed and, once the rigor is broken, it does not return.”
Mason said, “Isn’t it a fact, Doctor, that when you saw the body, there was rigor in the right arm, but that there was no rigor in the left arm?”
“I won’t say that,” Dr. Garfield said, “but I did notice that there was no rigor in the left shoulder.”
“But there was in the right?”
“The right arm and shoulder were in complete rigor. The right hand was held up so that it was perhaps an inch or so from the face, but was stiff enough to remain in that position.”
“Thank you, Doctor,” Mason said. “Now I want to ask one more question: Isn’t it a fact that it was possible for death to have taken place earlier in the afternoon?”
“Well...” Dr. Garfield hesitated.
“Go ahead,” Mason said.
“There were certain conditions there that were puzzling. The development of the rigor, the post-mortem lividity, and a very faint discoloration of the left side of the body.”
“What was this discoloration?”
“I am not certain. I would prefer not to discuss it because we finally came to the conclusion that it was not significant.”
“But there was a discoloration?”
“Well, I wouldn’t exactly call it a discoloration. It was just a faint tinge which was all but invisible except in certain lights. We decided, after discussing the matter, that it had no real significance. However, it had no significance because the contents of the stomach and intestines furnished a very accurate means of fixing the time of death.”
“You personally examined the contents of the stomach and intestines?”
“Oh, yes.”
“Can you determine when death occurred with reference to when the last meal was ingested?”
“I would say within a period of two hours to two hours and fifteen minutes.”
“Then you think that this young woman had lunch at about four-thirty o’clock?”
“Apparently at exactly four-thirty.”
“How do you know that?”
“Room Service sent lunch up to the room at four-thirty. Potatoes au gratin had been sent up by Room Service, and those remnants were found in the stomach. Roast turkey was sent up by Room Service, and those remnants were found in the stomach, as well as remnants of other items on the hotel’s turkey plate luncheon.”
“You have investigated this, of course?”
“Of course.”
“And checked with Room Service in the hotel?”
“Yes.”
“And what was your conclusion, Doctor?”
“As to the time of death?”
“As to the contents of the stomach.”
“As compared with the lunch sent up?”
“Yes.”
The witness hesitated.
“Well?” Mason asked.
“It is hard to answer that question without bringing in hearsay evidence,” Dr. Garfield said. “The hotel restaurant was able to check the order sent out — a regular plate dinner of roast turkey with dressing. The decedent also ordered asparagus. We found all those articles in the stomach.”
“Any other articles?” Mason asked.
“Yes.”
“What?”
“Green peas.”
“But there were no green peas on the luncheon sent up?” Mason asked. “Those peas must have come from another source?”
“There were green peas on the luncheon,” Dr. Garfield said positively. “The hotel records show no peas listed on the check, but they were sent up. They had to be on that lunch tray. The hotel employees all admitted it was very possible the records were in error and the peas simply had not been put on the bill because of an oversight.”
“Did she sign the check for Room Service?”
“No, sir, she paid it in cash.”
Elliott said, “We expect to show the contents of the last meal which was sent up by Room Service, and we expect to show that green peas were added by an inexperienced waiter who neglected to put them on the bill. There can be no question as to what actually happened.”
“If the Court please,” Mason said, “I take exception to the statement by counsel that there can be no question as to what happened. Counsel is advancing his own conclusions.”
“I was merely trying to shorten the cross-examination of this witness, save the time of the Court, and keep from confusing the issues in the minds of the jury,” Elliott said.
Judge DeWitt said, “Just a moment, gentlemen. Despite the short time spent in getting a jury, it has reached the hour for the afternoon adjournment. Court will take a recess until ten o’clock tomorrow morning. In the meantime, the jurors are instructed not to discuss this case with anyone or permit it to be discussed in their presence, nor to form or express any opinion concerning the matter until it is finally submitted for their consideration. I have previously admonished the jury on this point and I think they understand their duties. Court will recess until ten o’clock tomorrow morning.
“The defendant is remanded to custody.”