"I think he said that it was acomposite sketch made by a police artist."
Judge Saxton's face was grim."I think," he said, "we'll let this witness go until thisafternoon and you may call your next witness."
"We call LieutenantTragg," Hamilton Burger said.
Tragg came forward and was sworn,testified as to his name, address, occupation, and the fact that he had been apolice lieutenant in the department of homicide for some years.
"On the fourth of this monthdid you have occasion to go to a deserted storeroom at the corner of ClovinaAvenue and Hendersell in this city?"
"I did."
"What was the occasion of yourmaking such a trip?"
"Someone had turned in a firealarm. There had been no fire, but the fire department had found a body in thebuilding and had reported accordingly, and as a result I made a trip."
"What did you find?"
"I found the body of a man whomwe subsequently identified as Collister D Gideon, dead apparently from agunshot wound, in a section of the storeroom which had evidently been fitted upas surreptitious living quarters. There were cases of canned goods, cookingutensils, a small solid-fuel stove, pans, and eating utensils. There weretowels, soap, and other housekeeping facilities."
"Was water on in thebuilding?"
"Yes, sir. Water was on in thebuilding. It was connected to a large sink and also to a toilet."
"What else can you tell usabout this building?"
"In back of the storeroom andas a part of the property, was a fairly large warehouse building."
"Was this filled withmerchandise?"
"No, sir. Not with merchandise,but there was a large number of empty cardboard cartons, some of them quite large.These had not been hauled away but were stacked in several piles in thewarehouse."
"And did you search thiswarehouse?"
"Yes, sir."
"What did you find?"
"We found the defendant hidingbehind one of the piles of cartons. He was carrying a revolver in his hippocket."
"Did he state what he was doingthere?"
"He stated that he had beentrapped by the fire apparatus, that he had heard the sirens and mistaken themfor the police and had secreted himself and been unable to get out of thebuilding before we found him."
"Did he make any furtherstatement as to what he was doing there?"
"No, sir. At about that time MrPerry Mason, his attorney, advised him to answer all statements with the words,'No comment.'"
"Did he make any furtherstatements after that?"
"Only the words, Wocomment.'"
"Did you establish theownership of the revolver?"
"Yes, sir. The revolver waspurchased by the defendant himself. I have here a certified copy of thepurchase sheet from the firearms register."
"May I have it, please?"
Lt Tragg handed the sheet toHamilton Burger.
"We ask that this be introducedin evidence," Hamilton Burger said.
"No objection," Masonsaid, "provided it is established that this is the weapon which fired thefatal bullet."
"We expect to establishthat," Hamilton Burger said.
"I want it established beforeany evidence about the weapon is received," Mason said. "We areentitled to have the case presented in proper order. If this weapon did notfire the fatal shot, then any evidence concerning it is incompetent, irrelevantand immaterial."
"If that is the position takenby defence counsel," Hamilton Burger said, "I would like to withdrawthis witness temporarily from the stand and ask Alexander Redfield, the countyfirearms expert, to take the stand."
"No objection," Masonsaid. "In fact that is, I believe, the proper procedure."
Alexander Redfield took the stand,listed his professional qualifications, and then turned to Hamilton Burgerexpectantly.
"I show you a Smith and Wessonrevolver which has previously been marked for identification," HamiltonBurger said, "and ask you if you have fired test bullets from thatrevolver."
"I have."
"I ask you whether you werepresent at an autopsy when the fatal bullet was recovered from the body ofCollister Gideon."
"I was."
"What happened to thatbullet?"
"I took charge of it."
"Where is it now?"
"I have it."
"Will you give it to me,please?"
Redfield handed over the bullet.
"You are prepared to state thisis the bullet which was removed from the body of Collister Gideon in yourpresence?"
"Yes, sir."
"I ask that it be introduced inevidence," Hamilton Burger said.
Mason said, "May I see it,please?"
He walked over, and stood for sometime studying the bullet, then he said, "No objection, Your Honour. It maybe received in evidence."
"Now, then," HamiltonBurger said, "I will ask you, Mr Redfield, if in your opinion as an experton firearms, this fatal bullet was fired from this weapon which I now hold inmy hand, this Smith and Wesson revolver."
Redfield shifted his positionslightly. "I have carefully examined the fatal bullet and compared it withthe test bullets fired from this weapon. I have found many points ofsimilarity"
"Predicating your answer uponyour experience in the field and your knowledge of the science of ballistics,would you say that this fatal bullet was fired from this gun marked foridentification, People's Exhibit B?"
"I would say that in all humanprobability, considering all the factors, the fatal bullet had been fired fromthat gun."
"Have you been able to find anyindications in your microscopic examination of the fatal bullet which indicateit had not been fired from the gun, People's Exhibit B?"
"No, sir."
"Cross-examine," Burgersaid, triumphantly.
Mason walked up to face Redfield,who again shifted his position slightly
"Mr Redfield," Mason said,"I have the highest regard for your qualifications and your integrity."
"Thank you, sir."
"I have had you as a witness inmany cases, and I have had the opportunity to cross-examine you onoccasion."
"Yes, sir."
"But I have never heard youmake quite those answers," Mason said. "You state that you have notbeen able to find any indication that the fatal bullet was not fired from thegun, People's Exhibit B. You state that you found several marks of similarityand you state that in all human probability in your opinion considering all thefactors, the bullet was fired from that gun."
"Yes, sir."
"Now, those are very peculiaranswers. Somewhat different from the answers you ordinarily make. Have you-carefully rehearsed those answers?"
"Well…" Redfield said,and hesitated.
"Go ahead," Mason said,"you're under oath."
"In all my cases,"Redfield said, "since I am in the employ of the police department, I findit necessary to discuss what my testimony is going to be. That is, I make areport and then I'm usually questioned on that report."
"I understand," Masonsaid. "My question in this case was whether or not your answers had beenvery carefully rehearsed."
"Well, I discussed the matterwith the district attorney and told him what I could swear to and what Icouldn't swear to."
"I'm asking you," Masonsaid, "if those answers were very carefully rehearsed."
"Well, I told the districtattorney what my answers would be."
"And he suggested certain changeswhich you could, in good faith, make?"
"Not changes."
"Changes in the wording?"
"In the wording, yes."
"And wasn't the finalsuggestion made by the district attorney that he would ask you if, consideringall the circumstances, you consider that in all human probability, the fatalbullet had been fired from that gun?"
"Well, yes, he did suggestthat, I believe."
"This fatal bullet," Masonsaid, "is pretty badly flattened?"
"Yes, sir."
"You can see the marks of whatare known as the class characteristics on it?"
"Yes, sir."
"Those class characteristicsrelate to calibre, pitch of the lands and number of the lands?"
"Yes, sir."
"In other words, any bulletfired from a Smith and Wesson revolver made during the year when this gun wasmade would have those same class characteristics?"