“It isn’t a mystery to the police,” Medford snapped.
“Certainly not. Because, as your Honor has just seen from the attitude of Sergeant Dorset, he collected the evidence which he thought would result in a conviction of this defendant. Any evidence which tended to point to the guilt of some other person was disregarded. The police didn’t think this other crime had any connection with the murder of Harrington Faulkner simply because it didn’t involve this defendant.”
Judge Summerville said, “I know it’s somewhat irregular, but I’d like to hear from counsel just what the general surrounding facts of the case are.”
“I protest that it’s irregular,” Medford said.
“I’m only asking counsel to make a general statement of his position,” Judge Summerville ruled placidly. “I certainly have a right to know what is in counsel’s mind before I rule on an objection the prosecution has made.”
Mason said, “Your Honor, Harrington Faulkner had a pair of rather valuable fish, fish which were vastly more valuable to him personally than they would be on the market, but fish which were, nevertheless, of a rare strain. Harrington Faulkner rented one side of a duplex dwelling from the corporation which owned it. The other side was where the corporation had its office. Faulkner had installed a fish tank in the office and placed these two very valuable fish in that tank. He and Elmer Carson, the other active member of the corporation, quite apparently became mortal enemies. The fish in the tank were suffering from a fish disease that is nearly always fatal. Tom Gridley, whose name has been brought into the case, had a cure for that disease. The decedent tried, by various and sundry means, to get control of the formula by which young Gridley was able to cure the fish. Sometime prior to the murder, Elmer Carson had filed suit and secured a temporary restraining order preventing Harrington Faulkner from moving the fish tank from the real estate office on the ground that it had been so affixed to the building that it had become a fixture. Before the hearing on the temporary restraining order and order to show cause, I understand Harrington Faulkner removed the fish without disturbing the tank, and took those fish to the residence of James Staunton. Now then, your Honor, in view of the peculiar circumstances, and in view of the fact that the defendant in this case was concededly what is known colloquially as the girl friend of Tom Gridley, and active in the store where Tom Gridley worked, a store which Harrington Faulkner subsequently bought in order to get control of Gridley’s formula, I claim that all of these things are an integral part of the case.”
Judge Summerville nodded his head. “So it would seem.”
“Well, I submit that we are entitled to stay within our legal rights,” Medford said angrily. “We didn’t make the law, and I notice that learned counsel for the defense never hesitates to grab at any technicality which will advance his case. We have a law on the statute books. Let’s conform to it.”
“Quite right,” Judge Summerville said. “I was about to make that statement when counsel interposed his comments.”
“I beg the Court’s pardon,” Medford said stiffly.
“I was about to say,” Judge Summerville ruled, “that under the law, the prosecution only needs to put on sufficient evidence to show that a crime has been committed and that there is reasonable ground to believe the defendant is the one who committed that crime. But, I want to go on record at this time as stating that under the circumstances of this case, and in view of the peculiar and rather mysterious incidents which seem to have surrounded it, after the prosecution has rested its case, the Court is going to permit the defendant to call witnesses and ask them any questions the defendant wants which may bring out the facts which counsel for the defense has just outlined to the Court.”
Medford said, “The effect of that, if the Court please, is to accomplish the same result. All of the extraneous facts will be dragged into this case.”
“If they have a bearing on the question before the Court, I want to hear all of the things which you would refer to as extraneous facts.”
“But the point I am making is that the effect is just the same as though they were brought in at this time.”
“Why object to them then?” Judge Summerville asked urbanely.
Mason said, “I was only calling for a document which is in the possession of the police. I can, if I have to, subsequently put Sergeant Dorset on the stand as my witness and ask that the document be produced.”
“But what earthly bearing does that document have on the murder of Harrington Faulkner?” Medford asked.
Mason smiled. “Perhaps a few more questions to Sergeant Dorset will clear up that part of the case.”
“Ask him the questions,” Medford said. “Ask him if the document has any bearing on the case. I defy you to ask him that question, Mr. Mason.”
Mason said, “I prefer to ask my questions in my own way, Counselor.” He turned to the witness and said, “Sergeant, after you discovered the body of Harrington Faulkner, you proceeded to investigate the murder, did you not?”
“I did.”
“You investigated every angle of it?”
“Naturally.”
“And during the course of the evening you questioned the defendant and also me about an interview we had had with James Staunton, and about whether the fish which Mr. Staunton had in his possession were actually the two fish which had been delivered to him by Mr. Faulkner, and which had been taken from the tank which was in the real estate office, didn’t you?”
“I asked questions, yes.”
“And insisted upon answers?”
“I felt that I was entitled to answers.”
“Because you thought that matter might throw some light upon who murdered Harrington Faulkner?”
“I thought so at the time.”
“What has caused you to change your opinion?”
“I don’t know that I have changed it.”
“Then you still think that the circumstances you investigated in connection with James Staunton had some bearing on the murder of Harrington Faulkner?”
“No.”
“Then you have changed your opinion.”
“Well, I’ve changed my opinion because I know now who committed the murder.”
“You know who you think committed the murder.”
“I know who committed the murder, and if you’ll quit throwing legal monkey wrenches in the machinery, we’ll prove it.”
“That will do,” Judge Summerville ruled. “Counsel is questioning the witness for the purpose, I take it, of showing bias.”
“That is right, your Honor.”
“Proceed with your questioning.”
“You demanded that the defendant accompany you out to the residence of James L. Staunton?”
“I did.”
“At that time you had been advised by both Miss Madison and by me of all the facts which we had learned in connection with the possession of the fish by Staunton?”
“I suppose so. You said they were all the facts you had.”
“Exactly. And, at the time those facts seemed sufficiently significant so you went out to verify them?”
“At the time, yes.”
“What has caused you to change your mind?”
“I haven’t changed my mind.”
“You took from the possession of James L. Staunton a written statement signed by Harrington Faulkner?”
“I did.”
Mason said, “I want that statement introduced in evidence.”