Judge Alvord said, “I am inclined to agree with the defense, Mr. Burger. At this time, at any rate, the movements of Glamis Barlow would seem to have no possible bearing on the guilt or innocence of this defendant, unless you first show the presence of Vera Martel in that room at that time.”
Hamilton Burger flushed. “I feel that the Court is penalizing me because I disagreed with Your Honor in regard to the expediency of calling Glamis Barlow as a witness.”
“You may feel any way you want,” Judge Alvord said. “I am trying to protect the substantial interests of justice. I advised you some time ago that you had apparently made out a prima-facie case against this defendant as far as a preliminary hearing is concerned. You insisted on going ahead in order to lay a foundation for what now appears to be an attempt to entrap a codefendant in a situation where she would make a statement under oath before she had been advised that she was going to be a codefendant in the case.”
Hamilton Burger said, “Very well. I am forced to accept the ruling of the Court, but before I do so I am going to lay a broader foundation. Mrs. Kirk, were you alone in your breakfast nook at the time you mention?”
“No, sir. My daughter, Madeline, was with me.”
“How old is Madeline?”
“She is nineteen.”
“That is about Glamis Barlow’s age?”
“A year younger.”
“Do you know of your own knowledge whether your daughter Madeline and Glamis Barlow are friendly?”
“They are quite friendly in a casual sort of way; that is, as neighbors. They don’t have double dates together and they move in different social circles, but they are quite friendly as neighbors.”
“Do you know of your own knowledge how long this friendship has been going on?”
“For approximately two years.”
“And Madeline was with you in the breakfast nook at the time you mention?”
“Yes.”
“How were you seated?”
“We were seated at a table and looking out the window.”
“Were you both on the same side of the table?”
“Yes. That is, it’s not exactly a table. It’s a sort of counter — I might say, a combination bar and table — a food bar — on which food can be served. It looks out to the north and over the backyard.”
“Was your daughter facing the same direction that you were?”
“Yes, sir. She was seated beside me.”
“Did you comment to your daughter on anything unusual that you saw at that time?”
Judge Alvord glanced at Mason. “Any objection on the part of the defense?”
“No objection,” Mason said.
Judge Alvord said, “Well, it seems to me counsel is entitled to lay the foundation for his testimony but this is certainly going far afield. The defendant isn’t bound by any conversation which may have taken place between this witness and her daughter.”
“There is no objection by the defense,” Mason said. “As a matter of fact, we welcome the situation, because once the prosecution has opened the door by showing a part of this conversation we are entitled to show it all on cross-examination.”
Judge Alvord smiled slightly and said, “Under those circumstances, the witness may answer the question.”
“Just a minute, just a minute,” Hamilton Burger said hastily. “I... on second thought, Your Honor, I will withdraw the question.”
“Very well,” Judge Alvord said.
“I am now going to renew my request,” Hamilton Burger said. “I ask this witness to relate to the Court what it was she saw that was unusual on the morning of the thirteenth while she was in the breakfast nook, facing toward the workroom of the defendant in this case.”
“Same objection,” Mason said.
“Same ruling,” Judge Alvord said. “At this time the objection is sustained.”
Hamilton Burger made no attempt to conceal his exasperation. He said, “May I have a moment, Your Honor?” and walked over to engage in a whispered consultation with Edwardo Deering.
Deering seemed to have a very positive idea in regard to an approach and after a few moments Hamilton Burger nodded.
“Very well,” he said, “I will temporarily withdraw this witness from the stand, with the idea, if the Court please, that I am going to lay a proper foundation so that the question I want her to answer will be relevant.”
“Very well,” Judge Alvord said. “I may once more point out, Mr. Prosecutor, that you have established a prima-facie case, that the deeper you go into this case the more avenues you open up, the more possibility there is that complications may develop.”
“I think I know what I’m doing, if the Court please,” Hamilton Burger said.
“I hope you do,” Judge Alvord commented drily. “The Court wishes to state, however, that Carter Gilman is the defendant in this case. But quite apparently your more recent witnesses have been called for the purpose of involving Glamis Barlow, who is not a defendant. The Court feels that if witnesses are to be called with the idea of involving Glamis Barlow, she should be a defendant and, as such, should have counsel who could subject the witnesses to searching cross-examination.”
“I think I understand the Court’s position,” Hamilton Burger said, “and I’m quite certain I understand what I have in mind.
“I now wish to call Glenn Beaumont McCoy.”
The door of the witness room opened and McCoy, a tall, slightly stooped individual in the early fifties, walked with loose-jointed deliberation to the stand, raised his hand, took the oath, and then seated himself on the witness chair.
“Where do you reside, Mr. McCoy?” Deering asked, while Hamilton Burger, seated at the table, was busily engaged in scribbling notes on a pad of legal foolscap.
“Nevada.”
“Where were you residing on the thirteenth of this month?”
“Las Vegas, Nevada.”
“What is your occupation?”
“I am a card dealer.”
“Are you acquainted with Glamis Barlow?”
“I know her by sight.”
“How many times have you seen her?”
“I can’t recall offhand. Several times.”
“Where have you seen her?”
“At the place where I am employed.”
“Did you see her on the evening of the thirteenth of this month?”
“I did.”
“Where?”
“Now, just a moment, if the Court please,” Mason said. “I wish to interpose an objection on the ground that all of this is incompetent, irrelevant and immaterial.”
“I propose to connect it up,” Deering said.
“That isn’t sufficient,” Mason said. “An attempt is now being made to try Glamis Barlow as a codefendant with Carter Gilman. While I am representing Carter Gilman as his attorney I am not representing Glamis Barlow and I am not prepared to cross-examine witnesses who may testify to things that would involve Glamis Barlow in the commission of this crime. I think she is entitled to her own counsel.”
“I think so, too,” Judge Alvord said.
“Just a minute,” Hamilton Burger announced, getting to his feet. “Before the Court rules on this objection I should like to state that it is the contention of the prosecution that Carter Gilman killed Vera Martel, that he took wax impressions of the keys in her key container, that he had keys made from those impressions, that he delivered those keys to Glamis Barlow and that she, in accordance with a common purpose, went to Las Vegas, Nevada, on the evening of the thirteenth and, using the keys given her by the defendant, entered the Las Vegas office of Vera Martel for the purpose of searching through papers in order to find some incriminating document.”