“I think I have the right to ask the question,” Mason said. “I think it goes to the bias of the witness.”
Judge Fisk regarded the witness thoughtfully. “I’m going to let the witness answer that question,” he said. “I’m interested in the answer myself.”
She said, “I suddenly decided that I didn’t care to have you prowling around among my personal belongings, Mr. Mason. I thought I would bring you a cigarette so you wouldn’t have to get one out of my bag.”
“You’re not answering the question,” Mason said. “Were your actions due to the fact you knew the cigarettes in the bag were wet because you had put your wet underthings in there?”
She hesitated a moment, then looked at him defiantly. “No!” she said, spitting out the word with dramatic vehemence.
Mason said, “I talked with you for a while and you accepted a ride with me, did you not?”
“Yes.”
“And while we were riding I mentioned the fact that Loring Carson was supposed to have had a girlfriend in Las Vegas?”
“Yes.”
“And you immediately asked me to let you out of the car at the first available opportunity. You wanted to be where you could get a cab just as soon as possible. Is that right?”
“That’s right.”
“And I let you out?”
“Yes.”
“And you took a cab?”
“Yes.”
“Where did you go in that cab?”
“Objected to as not proper cross-examination, calling for evidence which was not adduced on direct examination,” Ormsby said.
“I’m overruling the objection,” Judge Fisk said, “on the theory that this entire line of examination goes to possible bias on the part of the witness.”
“I had it take me to the airport.”
“Very well,” Mason said. “Now, let me ask you something else. When you went to Las Vegas did you take with you a quantity of negotiable securities made out in the name of A. B. L. Seymour and endorsed in blank by Mr. Seymour?”
“No.”
“Did you notice when you got to the Eden house that the receptacle was open?”
“Yes.”
“Did you go to that receptacle?”
“No.”
“Did you touch the receptacle?”
“No.”
“Did you take any securities from that receptacle?”
“No.”
“I submit,” Mason said, “that you were the woman who dashed out of the house and into the swimming pool and swam across to the receptacle. I submit that you were not in the nude but that you were wearing your panties and bra; that you looted the receptacle of its securities, then swam back to get your clothes, taking off your wet underthings, wringing what water you could from them and putting them in your handbag.”
“I did nothing of the sort.”
“Did you,” Mason asked, “take any securities of any sort to Las Vegas with you?”
“No.”
Mason said, “I am going to show you a briefcase marked ‘P. MASON’ in gilt letters, and previously introduced in evidence as one of the People’s Exhibits, and ask you if you ever saw that briefcase before this trial started.”
“No.”
“Did you take it to Las Vegas with you?”
“No.”
“Did you arrange to have it surreptitiously put in my room in Las Vegas?”
“Oh, Your Honor,” Ormsby said, “this certainly has gone far enough afield. This is not proper cross-examination, and I resent the making of an accusation of this sort where there is absolutely no evidence to support it.”
Judge Fisk paused to give the matter thoughtful consideration. Then he said, “It is nevertheless a vital question as far as the defense is concerned. It would certainly go to the bias or motivation of the witness and I am going to permit it on that ground. Answer the question.”
“No,” she said.
Mason walked over to the counsel table and extended his hand to Della Street.
She handed him an envelope which Paul Drake had brought to court with him.
Mason approached the witness, dramatically opened the envelope, whipped open a sheet of paper divided into ten printed squares with an inked fingerprint in each square and said, “I am going to ask you whether these are your fingerprints.”
“Just a moment, just a moment,” Ormsby shouted, jumping to his feet. “I object to this procedure. This is completely irregular. Counsel has no right to make any such insinuation.”
“What insinuation?” Mason asked.
“Insinuating that this young woman has had her fingerprints taken. I object to this.”
“I will assure the Court, Counsel and the jurors,” Mason said, “that there is no intent on my part to insinuate that these fingerprints were taken by any government agency. Quite the contrary. I am simply asking this witness if these are her fingerprints.”
“That calls for a conclusion of the witness,” Ormsby said, “and it is not proper cross-examination.”
“I think it calls for a conclusion of the witness,” Judge Fisk said, frowning at Mason.
“It is perfectly permissible to ask a witness if this is her signature,” Mason said. “I am simply asking the witness if these are her fingerprints.”
“But a witness can appraise a signature simply by looking at it,” Judge Fisk said, “whereas in the matter of fingerprints it is something which calls for a somewhat expert conclusion.”
Mason said, “I’m simply trying to find out. I have no objection whatever to having the witness take her fingerprints, put them on a sheet of paper and then hand both sheets to the clerk of the court to be marked for identification. Then if it turns out these are not the fingerprints of the witness that is all there is to it.”
“But why should we do any such thing as that?” Ormsby asked.
“Because I have a right to ask the witness whether or not certain fingerprints are hers. I can ask her if a certain signature is hers, and I can certainly ask her if certain fingerprints are hers.”
“The matter is unique as far as my experience is concerned,” Judge Fisk said. “However, I am inclined to suggest that before I rule on the question the witness have her fingerprints taken and the two sheets of paper be marked for identification. Then the Court will call in an impartial fingerprint expert to determine the question.”
“That is quite all right with me,” Mason said.
“May I ask the reason for this question?” Judge Fisk asked.
“I am trying to establish something which goes to the bias and credibility of this witness, Your Honor. I cannot explain it at this time because if I did it would be disclosing my plan of attack and the witness would promptly proceed to—”
“Very well, very well,” Judge Fisk interrupted briskly. “After all, gentlemen, the jurors are present and I suggest that we have no more discussion on the subject. The Court will take a ten-minute recess. During that time the witness can have her fingerprints taken and the two pieces of paper can be marked for identification.”
“I certainly see no reason for it,” Ormsby said.
“I think we have gone into that sufficiently,” Judge Fisk said. “I want to give the defense every latitude in the field of cross-examination. Under the circumstances of this case I feel that the defense is entitled to that much consideration. In fact, it is a part of my basic policy that in every case involving a serious accusation of felony I give the defense attorney every possible latitude in cross-examining the important witnesses.
“This witness is a key witness, Mr. Prosecutor, and I intend to let the defense have every opportunity to probe her story by every legitimate means.”
“Very well,” Ormsby said, “we’re perfectly willing. Let Mason try all of his trickery, all of his ingenuity, all of his dramatics and—”
“That will do, Mr. Prosecutor,” Judge Fisk interrupted. “This is no time to argue the case. The Court will take a ten-minute recess. At the end of that time the two documents can be introduced and marked for identification.”