Gloster, thoroughly angry, said, “Your Honor, I want an instruction to the jury that this testimony is merely as to a conversation between the defendant and this witness, that the fact the defendant may have made a certain self-serving declaration is no proof of the truth of the facts therein mentioned.”
Mason said quite affably, as befits a victorious antagonist, “I take it that the district attorney is merely stating his contentions?”
“I’m pointing out what the law is,” Gloster shouted.
“Well, you don’t need to educate me on the law,” Mason said, smiling. “So far, the shoe has been on the other foot, and I’m quite certain that the Court knows more law than you do.”
A gale of laughter swept the courtroom. Judge Garey smiled, but perfunctorily rapped the gavel. “Come, come, gentlemen, let’s have some semblance of order here, and well try and refrain from personalities.”
“I want the jury instructed, however, that this conversation is only a conversation,” Gloster said.
“A moment ago the district attorney was contending that it was not a conversation,” Mason said.
Before the confused district attorney could get his mental feet under him, Mason went on, “Furthermore, Your Honor, on behalf of the defense I want certain bits of evidence produced for our inspection. If the prosecution is holding any papers that were taken from the desk of the decedent, we want an opportunity to inspect those papers.”
Judge Garey raised his eyebrows. “Do you mean by that to ask for an inspection of the prosecution’s evidence in advance?”
“Not of the prosecutions evidence,” Mason said, “but there are certain things, certain papers which I believe would be evidence for the defense, and which I have reason to believe the prosecution has taken from the desk of the decedent and is holding, merely for the purpose of keeping the defendant from having access to them.”
Judge Garey looked questioningly at Gloster.
“I do not know what counsel is referring to,” Gloster said, “and I’m going to state here and now that we are only holding matters which we intend to introduce in evidence, and we are certainly under no obligation to show such evidence to the defense.”
“Provided it is evidence, and provided you introduce it,” Mason said.
“Well, we’re holding evidence, and the things we’re holding are held for evidence.”
“But suppose you should change your mind and decide not to introduce them?”
“That’s our privilege.”
“Then we want the privilege of inspecting them,” Mason said.
Gloster, starting to present his position at length, was interrupted by Mason saying suavely to the Court, “And, of course, Your Honor, the Court itself will notice the tactics of the prosecution in trying to suppress evidence.”
“What do you mean by making charges like that!” Gloster stormed. “That’s professional misconduct We haven’t suppressed anything, We…”
“Tut, tut,” Mason interrupted chidingly, “you remember that the Court instructed you to tell us where the dog was, and you haven’t done so.”
Gloster yelled, “I told you I didn’t know. I told you that the sheriff…”
“Just a moment,” Judge Garey interrupted. “Counsel for the defense is quite conrect on that. The order of the Court was that you were to communicate to the defense where the dog was being held.”
“I didn’t so understand it,” Gloster said, suddenly embarrassed. “I made the statement that I didn’t know where die dog was being kept, but that the sheriff did, and when the sheriff was on the stand, counsel for the defense had every opportunity to ask him, and failed to do so.”
Mason said, “The Court’s order was that you were to tell us where the dog was kept.”
“That was the intent of the Court’s order,” Judge Garey said.
“Well, I didn’t so understand it.”
“Well, where is the dog?” Mason asked.
“I … well, I can’t tell you where he is now. I can tell you where he was.”
“Why can’t you tell me where he is now?” Mason asked.
“Because,” Gloster said, angrily, “I’m not going to hand our entire case to you on a silver platter so that you can start picking it to pieces. The dog was taken to the Acme Boarding Kennels, but one of our witnesses wanted to take the dog and did so. And the dog is staying with her. I can’t give you the address of the dog without giving the address of the witness, and I don’t care to have you tampering with our witnesses.”
“What are you afraid of?” Mason asked. “Do you think I’d get her to tell a lie? Would she perjure herself at my request?”
“Of course not”
Then,” Mason said, smiling at die jury, “you must be afraid that I’d get her to tell the truth.”
“Your Honor,” Gloster protested, “this is all getting far afield. We’re getting this case in a mess because we’re trying to pursue a lot oi collateral matters.”
"I merely wanted to know where the dog was,” Mason asked cheerfully, “and the Court told you to tell me. Now you’re trying to squirm out from under the order of the Court”
“I’m not trying to do any such thing. You … “
Judge Garey pounded with his gavel, and said, “Gentlemen, let’s cease having these interchanges between counsel Let’s refrain from all personalities, and from now on counsel can each address the Court and not address opposing counsel.”
“Very well,” Mason said quickly, before Gloster could interpose any comment. “One other thing that the defense wants is an order permitting the defense and the defense experts to inspect the scene of the crime. If the Court please, we have been barred from these premises and have been refused permission even to inspect them in order to prepare our defense.”
Judge Garey frowned. The defense certainly are entitled to inspect the premises.”
The defendant had an opportunity to inspect them while she was murdering George Alder,” Gloster said.
“And I'll assign that remark as prejudicial misconduct on the part of the district attorney,” Mason said, “and ask the Court to admonish the jury to disregard such remark and…”
“I’ll withdraw the remark,” Gloster said contritely. “I was angry. The remark was made in the heat of the discussion.”
“Well,” Judge Garey said, “the Court will make an order that you and your experts may have a right to inspect the premises, Mr. Mason. What time would be convenient?”
“This afternoon?” Mason asked.
“Oh, if the Court please,” Gloster protested, “we’ve just started in with this case. If counsel is permitted to go out and inspect the premises this afternoon, we won’t be able to resume testimony in the case until Monday.”
As the Court hesitated, Mason said, “I have repeatedly requested the sheriff to permit experts for the defense to see these premises.”
“Permission which should have been granted,” the Court remarked. “The Court will adjourn at twelve o’clock noon until Monday morning at ten o’clock. During the afternoon, and during tomorrow, which is Saturday, the Court will make an order that the defense may be admitted to the premises at all reasonable times, subject, of course, to the right of the prosecution to have officers there to maintain supervision. Now, then, gentlemen, are you finished with this witness, and, if so, are there any other witnesses?”
Mason smiled at the discomforted man on the stand, and said, “Oh, I guess as far as Tm concerned I have no further cross-examination. I think the jury understands the situation.”