“So,” Mason said, “this policy of yours of answering questions in the fewest possible words was suggested to you by the district attorney at a conference last night?”
“I can answer questions any way I want to.”
“Certainly,” Mason said, “certainly. But I am pointing out to you that this pattern of answering questions in the fewest possible words was suggested to you by the district attorney last night.”
“We discussed it, yes.”
“I am pointing out to you,” Mason said, “that this pattern of answering questions in the fewest possible words was suggested to you by the district attorney last night, was it not?”
“Yes.”
“And the district attorney told you that that would be the most sure way to confuse me in my cross-examination, didn’t he?”
“He said that it would be the best defence I had.”
“Best defence?” Mason said.
“Yes.”
“What do you have to defend yourself against?” Mason asked.
“I have to support my testimony.”
“In other words, having told a story you’re going to stand by it?”
“It was the truth.”
“So, you and the district attorney conspired last night to try and confuse me, so that you could support, at all costs, the story you had told.”
“Oh, Your Honor,” Hamilton Burger said, “I should not be forced to sit through this. I have been rebuked by the Court for one of my objections, but I must insist that this use of the word ‘conspired’ is a definite distortion. I submit that this question has already been asked and answered in effect, that it is argumentative and not proper cross-examination. Counsel has made his point, and now he is arguing with the witness.”
“Sustained,” Judge Sedgwick said. “I think you have covered this phase of the case, Mr. Mason. Let’s get on with the cross-examination.”
“Very well, Your Honor,” Mason said. He turned to the witness. “Now, you felt after you left that directors’ meeting that there was some move afoot in connection with the Sylvan Glade Development Company about which Lutts had information that you didn’t, isn’t that right, Mr. Elkins?”
“Quite naturally. I knew that if Lutts had received an offer at anywhere near the book value of the stock, he would have communicated with the others... so, I surmised... I will answer your question by simply saying yes.”
Mason said, “Now, Mr. Elkins, you and I will get along a lot better if you follow your own inclination, rather than remembering what the district attorney told you — to answer in as few words as possible.”
Hamilton Burger said, “I submit, Your Honor, that the witness has a right to answer the questions in any way he sees fit.”
“I am asking for legitimate information, Your Honor,” Mason said, “information to which the jury is entitled and to which my client is entitled. I am perfectly willing to agree that the witness may answer the questions any way he wants to, just so he answers the questions truthfully and completely. But I am pointing out to the witness that if he follows the habit of answering yes and no and answering in the fewest possible words, he is going to be on the stand a far longer time, and, in view of the circumstances and in view of the admission of the witness that these tactics were worked out in the district attorney’s office for the purpose of confusing me, I insist that I be given an opportunity to conduct a most searching cross-examination.”
“You don’t need to make statements of that sort to the Court, Mr. Mason,” Judge Sedgwick said. “No one is seeking to curtail your cross-examination. I may state that the Court understands the situation here and is going to give you the widest latitude in connection with your cross-examination. Now go ahead and cross-examine the witness.”
“And,” Mason said, turning to Elkins, “you felt that the reason Lutts had not given the other directors the opportunity to buy his stock at the price he had been offered was that that price was so large he wanted to accept the offer before it could be withdrawn. That’s substantially what you thought?”
“Yes.”
“If there had been any such peculiar development in connection with the stock of the company, you wanted to get in on it, isn’t that right?”
“Yes.”
“You decided to shadow Mr. Lutts?”
“I’ve already stated that.”
“You made some considerable effort to see that your shadowing was unnoticed?”
“Yes.”
“Specifically, what did you do?”
“Just what your question insinuated. I did everything I could to remain inconspicuous.”
“You stayed in the office of the company while Mr. Lutts was in there?”
“Mr. Lutts was in his private office. I stayed in the office of the company, yes.”
“Could you see into Lutts’ office?”
“Well, there was a frosted glass partition. I could see vague silhouettes.”
“And then what?”
“Then Regerson Neffs, another director in the company, entered the office and remained with Mr. Lutts for a while.”
“And then what?”
“Then Mr. Neffs went out.”
“And what were you doing during this time?”
“I pretended to be writing some memo on the stationery of the corporation.”
“That was just a blind?”
“Yes.”
“So you could keep an eye on Mr. Lutts?”
“Yes.”
“And what happened after Mr. Neffs went out?”
“Mr. Lutts went into the office of his son-in-law, Herbert Doxey, who is the secretary of the corporation. He was holding some papers in his hand. As soon as he saw me sitting in that outer office, he hurriedly moved his hands so as to conceal the papers.”
“And that gave you an idea that he might have been holding a duly endorsed certificate of stock?”
“Yes.”
“In other words, he was buying stock from Neffs, is that right?”
“That’s what I surmised.”
“So then what did you do?”
“I thought perhaps I had aroused his suspicions. I went out to my car and parked it where I could see the entrance to the office.”
“And you waited there until Lutts came out?”
“Yes.”
“He came out with Doxey?”
“About three-five. They drove to a restaurant not too far away, where we sometimes eat, and I could see from the way Lutts ordered and ate that he was in very much of a hurry.”
“What else did you notice?”
“While there, he placed a telephone call.”
“Made it or received it?”
“Placed it. He went to the telephone booth. He was there for some time; then he came back.”
“Do you know how many calls he made?”
“One.”
“Do you know whom he called?”
“No. I could see his hand when he dialed the number, but I couldn’t see what number it was.”
“You’re certain that he made only the one call?”
“Yes.”
“You were watching him all the time?”
“Yes.”
“He received no call?”
“No.”
“What happened after he had completed his call?”
“He bolted his lunch in very much of a hurry.”
“Then what?”
“Then Mr. Lutts came out, apparently gave Doxey some last-minute instructions and got in his car.”
“And you followed?”
“I followed.”
“And went where?”
“I followed him to the beauty shop, where I waited until Mrs. Harlan, the defendant in this case, came out.”
Mason stood for a moment, regarding the witness in frowning concentration. “You then followed Lutts and the defendant out to a place near the turn-off to the property of the Sylvan Glade Development Company?”
“Yes, sir. First, of course, there was that stop at the parking lot which I have testified to.”