Mason let the jury see his broad smile. ‘Do I understand that the district attorney wishes to recall certain witnesses to make corrections of inaccuracies in their testimony?”
“Now, there is a typical example of the manner in which everything I have said has been systematically distorted during the course of this trial,” Gloster said. “I specifically stated to the Court that they were not inaccuracies.”
“Oh, I beg counsel’s pardon,” Mason said, “Let the record show, then, that the district attorney wishes to recall certain of his witnesses, to correct accuracies in their testimony.”
Members of the jury smiled. Gloster glared angrily, tried to think of the proper comment, but failed. Judge Garey, frowning, leaned forward to administer a mild rebuke when Mason, again taking the lead, said, “If the Court please, at this time I once more wish to renew my request that we be told where the dog is. The Court has repeatedly made an order that we are to be told where that dog is and … “
“Do I understand that you have not as yet been advised by the prosecution where that dog is?” Judge Garey asked.
“Exactly,” Mason said.
“Mr. District Attorney,” the judge said ominously, “I have repeatedly advised you that the defense is to be told where this dog is to be located.”
“There was some discussion about the matter Friday morning,” Gloster said, “and I—well, I confess, Your Honor, that new things kept coming up so fast that the matter entirely slipped my mind.”
“I think the Court will bear with me and the record will show that on Friday I repeatedly asked the district attorney for the address where this dog could be found, and I think the record will show that the district attorney stated he would refuse to give me that address because that would tip me off to the location of a witness the district attorney intended to call.”
“No such tiling,” Gloster said.
“And,” Mason went on, “I asked the district attorney if he was afraid I would be able to convince the witness that she should tell an untruth and he said, ‘No,’ and I then asked if he was afraid that I would get her to tell the truth.”
“I remember that interchange very well,” Judge Garey said.
Gloster became suddenly silent.
“Now, then,” Mason went on, “every time that I have tried to find out about this dog, every time I’ve come reasonably close to finding out, I have been met with this same subterfuge, this changing of the subject, this avoiding of the issues.”
Judge Garey said, “Well, we are going to find out where that dog is now before there is any other move made in this case.”
“Where is he?” Mason asked.
Gloster said, “If the Court please, he is with a witness by the name of Carmen Monterrey and I submit that it would be improper to disclose the address of that witness.”
“I want to find out about that dog,” Mason said. “I either want to know where the dog is, or I’ll call Carmen Monterrey and ask her a question about the dog.”
“What’s the address? Where’s the dog?” Judge Garey asked Gloster.
“Frankly, Your Honor, I don’t know. I only know that Carmen Monterrey has been subpoenaed and she is waiting in the anteroom of my office, and … “
“Let’s get her here, then,” Mason said.
“I submit, Your Honor … “
“I’m inclined to agree with counsel for the defense,” Judge Garey said. “Let’s get her in here. Let’s put an end once and for all to this business of having the Court make an order that the defense is to be given certain information only to have it appear day after day that that information has been withheld.”
“Your Honor, I think that is unjust criticism,” Gloster said.
“Don’t you remember my making the order?”
“Well … yes.”
“And isn’t it a fact that you have failed to comply with it?”
“Well, I don’t think so, Your Honor. I … “
“Then how does it happen that counsel for the defense is able to stand up here and ask again for the address at which this dog is being kept and state that he doesn’t know where it is?”
Gloster thought that over for a moment, then said, “Very well, I’ll call Carmen Monterrey and we’ll get that phase of the case over with. I’ll admit recent events caused me to forget about the dog.”
There was an intermission of two or three minutes during which a bailiff was sent to the district attorney’s office to bring Carmen Monterrey into the courtroom. Then she came forward and was sworn.
Gloster said, “Your name is Carmen Monterrey?”
“Yes, sir.”
“Are you acquainted with a dog named Prince, a dog that was held by George S. Alder for the last few months of his lifeF’
“Very well. Corrine Lansing got that dog after he had been discharged from a course of Army training. He was still young and a little green, but I carefully trained him so that he became a steady, dependable dog.”
“And you are very much attached to him?”
“Yes.”
“So that when you heard of the death of George S. Alder you wanted the dog back?”
“That is right.”
“Purely for sentimental reasons, and not because you wanted to conceal the dog?”
“That’s quite leading, Your Honor,” Mason said.
“It certainly is,” Judge Garey snapped.
“Well, those are the facts. Let’s get at them. Let’s not waste all our time arguing about this dog,” Gloster said. “All I’ve been hearing ever since this case started is dog, dog, DOG!”
“That is right,” Carmen Monterrey said. “Only because of affection for the dog.”
“And where is the dog now?”
“I have him in the house where I am living.”
“And where is that?”
“It is a house that is owned by my aunt at 72432 North Verillion.”
“And the dog is there now?”
“Yes, sir. I shut the dog up when I came to court. He will be happy to follow my orders to wait there. When I get home he will be glad to see me.”
“Now, then,” Gloster said, “I take it that disposes of the question of the dog. You may step aside, Miss Monterrey.”
“Just a minute,” Mason said. “I want to cross-examine.”
“Your Honor, that is the vice of this entire procedure. Counsel keeps trying to … “
“I certainly am entitled to cross-examine a witness who has been asked questions under oath by the district attorney,” Mason said.
“Well,” Gloster conceded at length, “only about the dog.”
“That’s all I want to ask about.”
“Well,” Gloster said, “I guess … I think the whole tiling is irregular.”
“It’s irregular because you didn’t tell me where the dog was,” Mason said.
Judge Garey banged with his gavel. “Counsel will refrain from these personal interchanges.”
Mason turned to the witness and said, “Did the dog have a broken toenail, Miss Monterrey? A broken claw?”
“A broken claw? … I don’t think so.”
“Was the dog limping?”
“No.”
“Was the dog’s foot bleeding?”
“Oh, I remember now what you mean. Yes, in the closet the dog scratched so that his foot began bleeding, but it ceased very soon.”
“You’re quite fond of the dog?”
“Oh, yes.”
“And the dog is quite fond of you?”
“Yes, indeed.”
“And you were very much attached to Corrine Lansing, were you not?”
“She was my friend, my mistress. I worked for her for years.”
“Now, then,” Mason said, “when you returned to this city you saw an ad in the paper inserted by George S. Alder, did you not?”
“Your Honor, I object to that,” Gloster said. “That’s not proper cross-examination.”
“I am now showing the bias of the witness,” Mason said. “The whole question in this case is whether the dog has a broken or torn claw, and this witness has given testimony which is vital on that point.”