“And then you had this altercation and turned back?”
“Yes.”
“So then you had one eye swollen and you had lost track of Lutts and the defendant. You thought you knew where they were going, so you turned around and went back home?”
“Not directly home.”
“You made a stop?”
“Yes.”
“Where?”
“I stopped at a butcher shop and got a beefsteak to put on my eye,” the witness said.
There was a ripple of laughter in the courtroom, and Judge Sedgwick indulgently joined in the levity to the extent of smiling, after which, however, he held up his hand, signifying that he wanted complete silence in the courtroom.
“All right,” Mason said, “you got a beefsteak for your eye, and then you went home.”
“Yes.”
“Then what did you do?”
“I remained quiet. I found that I had become rather unnerved and angry. I have trouble with my blood pressure. I took medicine the doctor had prescribed for me, which has a tendency to quiet me and, I believe, lower my blood pressure. I remained home during the evening.”
“You didn’t try to do any more business in connection with picking up stock?”
“No.”
“I submit,” Mason said, “that you gave up rather easily, Mr. Elkins. You started out with a grim determination to find out what was back of all of this activity in the Sylvan Glade Development Company stock, and then suddenly you seemed to lose all interest in the matter.”
“I had a good punch in the eye,” Elkins said. “I suddenly realized that my health was worth more than a few dollars. I felt that I would go to work the next day, when I felt better.”
“Go to work in what way?”
“I intended to call on Mr. Doxey and ask to inspect the stock ledger. I intended to find out how many shares of stock Lutts had bought from Neffs and intended to force some sort of a showdown.”
“Neffs had been generally opposed to your policies in the company?”
“Quite frequently. We didn’t get along.”
“Is it true that Lutts was rather belligerent in his reactions?”
“Objected to as incompetent, irrelevant and immaterial, and not proper cross-examination, calling for a conclusion of the witness,” Hamilton Burger said.
“I think I’ll permit that question,” Judge Sedgwick said. “The objection is overruled.”
“Well, he was always inclined to start a counteroffensive in case anyone tramped on his toes.”
“Exactly,” Mason said. “So, in case someone had fired a shot at him and had missed, the natural reaction for George Lutts would have been to turn and charge his assailant.”
“Your Honor,” Hamilton Burger protested, “I object to that question on the ground that it’s not proper cross-examination, that it’s argumentative, that it calls for a conclusion of the witness, that it invades the province of the jury and—”
“You don’t need to go any further,” Judge Sedgwick said. “The objection is sustained. This question is clearly objectionable, Mr. Mason.”
“I am trying to establish a certain fact,” Mason said, “and—”
“The Court knows quite well what you’re trying to establish,” Judge Sedgwick said. “You’re entitled to cross-examine this witness, and when you argue the case to the jury, you are entitled to engage in any reasonable surmise. But you can’t use this witness as a sounding board against which to make a premature argument to the jury. Now, go ahead.”
Mason said, “In view of the Court’s ruling, I feel that I have explored this phase of the matter as far as I can go.”
“I think you have, too,” Judge Sedgwick said. “However, I’m not going to preclude you from framing questions.”
“Now this mysterious affair that you had with the motorist out there when you got your black eye, did you—?”
“I object to characterizing this as a mysterious affair,” Hamilton Burger said. “Counsel can frame his questions so that he leaves out all of this argumentative material—”
“Objection overruled,” Judge Sedgwick said. “If counsel wishes to refer to it as a mysterious affair, he has that right. The witness can explain the situation, if he wishes. Go ahead, Mr. Mason. I believe you were interrupted by the objection.”
“This mysterious accident that you had,” Mason continued, “you don’t know with whom you had the altercation?”
“There was nothing mysterious about it; it was just a roadside altercation.”
“You didn’t get the man’s name?”
“No.”
“You didn’t get the licence number of his car?”
“No.”
“Why not?”
“I didn’t choose to report it.”
“What kind of a car was he driving?”
“A big car.”
“Do you know the make?”
“No.”
Mason announced suddenly, “I have no further questions on cross-examination.”
Judge Sedgwick glanced up in quick surprise.
Hamilton Burger heaved a sigh of relief. “That, Your Honor, is the people’s case,” he said. “The prosecution rests.”
“The defence will proceed,” Judge Sedgwick announced.
“Yes, Your Honor,” Mason said.
“Call your first witness,” Judge Sedgwick said. “Or do you wish to make an opening statement at this time?”
“No, Your Honor,” Mason said, “I’ll waive my opening statement. As my first witness I’ll call—” He looked around the courtroom — “Enright Harlan.”
Hamilton Burger’s face showed unmistakable surprise.
“Come forward and take the stand, Mr. Harlan,” Judge Sedgwick directed.
Enright Harlan came forward, held up his right hand and was sworn.
“Your name is Enright A. Harlan? You are the husband of the defendant in this case?”
“Yes, sir.”
“You have your residence at 609 Lamison Avenue in this city?”
“Yes, sir.”
“You are a sportsman, an outdoor man, a hunter?”
“I do quite a bit of hunting and fishing.”
“You are in the real estate business?”
“Yes.”
“As a realtor, you sold Mrs. Roxy Claffin certain property to the north of the Sylvan Glade Development Company?”
“Just a moment,” Hamilton Burger said. “I object, Your Honor. This is incompetent, irrelevant and immaterial.”
“It is merely preliminary,” Mason said.
“If the Court please,” Hamilton Burger protested, “here is a witness whom I couldn’t call. The law specifically provides that in a case of this sort, the husband cannot be a witness against his wife, unless the wife consents. Counsel for the defence is, therefore, in a position to call this very, very friendly witness. I therefore insist that the examination be conducted within the strict limits laid down by the law.”
Judge Sedgwick ruled, “The question, quite obviously, is preliminary, so the witness may answer it.”
“Yes,” Enright Harlan said, “I did some work for Mrs. Claffin.”
“When did you first meet Mrs. Claffin?”
“About... about eight or ten months ago.”
“How did you meet her?”
“She looked me up.”
“You weren’t introduced to her by any members of the board of directors of the Sylvan Glade Development Company?”
“No,” Harlan said, smiling faintly. “The situation was the other way around. She introduced me to one of the directors — Herbert Doxey.”
“Did you meet any of the other directors through her?”
“No.”
“You have a collection of revolvers?”
“I had seven revolvers, yes.”
“How many do you have now?”
“I have the full quota of revolvers, with the exception of the one taken by the police. It is in evidence as the fatal weapon in this case.”