“I am off duty at eight o’clock and — well, I know generally what time it was.”
“You can’t fix the time accurately?”
“Not accurately. I know it was before eight o’clock on the evening of the fourth, and I would say it was about two hours or two hours and a half before I left work.”
“No further question,” Dillon said.
Mason said, “If the Court pleases, I would like to find out from Lieutenant Tragg if any search was made of the garbage or trash can of the Agnes Burlington duplex.”
“For what purpose?” Judge Elwell asked.
“To show that the empty carton in which this dinner of scallops, green peas, and mashed potatoes had been contained was found in the garbage.”
“That wouldn’t prove anything,” Dillon said. “Of course it was in the garbage. We now know that she bought a frozen dinner. We know the dinner was in her stomach. Therefore, the container must have been in the garbage. But we don’t know when the dinner was consumed.”
“The assumption would be that it was consumed that night. She told the witness. Donna Findley, that she was going to have it that night,” Mason said.
“And she could have changed her mind,” Dillon retorted. “But it doesn’t make any real difference, anyway, because the mere fact that she was killed within a couple of hours after ingesting that dinner doesn’t mean a thing.”
“It does when one considers it in connection with the water which had been running,” Mason said. “The water was left running all night.”
“So what?” Dillon asked.
“So,” Mason said, “when the defendant’s car left tracks in the driveway it was at a time when the water had been running for many, many hours, indicating that Agnes Burlington was unable to turn off the water because she had been killed.”
“It doesn’t mean any such thing,” Dillon said. “That’s an elaborate, finespun theory. For all we know, that driveway could have been wet for several days or several nights. The autopsy surgeon says that death probably took place on the evening of the fourth, so all Mason is doing is dotting the i’s and crossing the t’s on the prosecution’s testimony.”
“The defense has an interesting theory here,” Judge Elwell said, “but I don’t think it can have any influence upon a committing magistrate. I can see where this theory could be worked into a very interesting interpretation of circumstantial evidence to be placed in front of a jury — and, of course, the rule of circumstantial evidence is that if there is any reasonable hypothesis other than that of guilt on which the circumstantial evidence can be logically explained, the jury is required to adopt that hypothesis and bring in a verdict of acquittal, if the case is founded entirely upon circumstantial evidence.
“However, that is neither here nor there as far as this Court is concerned. This Court is called upon only to determine whether a crime has been committed and whether there are reasonable grounds to connect the defendant with the crime.”
Mason arose. “May I ask the indulgence of the Court?”
“Go ahead,” Judge Elwell said, “but please don’t argue the circumstantial evidence, because I don’t think it has any place in this Court. It would seem that the evidence now before the Court is such that the defendant must be bound over.”
Mason said, “I have not been given an opportunity to make a detailed inspection of the premises. I would like to have the case continued until I can make such a detailed inspection.”
“For what purpose?”
“The fact that the fatal bullet was never found is indicative of the fact that something may have been overlooked.”
Dillon said sarcastically, “Do you expect you can find something which was overlooked by the police?”
“I can try,” Mason said. “At least I should have the right.”
Judge Elwell hesitated for a few moments, then said, “It would seem to me that the request is reasonable. The defense cannot uncover any evidence which would be persuasive as far as this Court is concerned; but, on the other hand, it is quite possible that there is evidence which might be of tremendous importance in connection with a jury trial.”
Dillon said, “We object to it, Your Honor. The defendant, accompanied by the defendant’s attorney and his secretary, saw the premises when they discovered the body of the decedent.”
“And were careful not to touch anything but notified the police right away,” Judge Elwell said. “Now the body has been removed and supposedly all of the evidence has been uncovered, and it would certainly seem that the defendant’s attorney is entitled to make a detailed inspection of the premises.”
“We object to it,” Dillon said.
“Why do you object to it, Mr. Prosecutor?”
“Because Counsel is well known for being ingenious and his methods are unconventional.”
“What could he possibly do at this late date?” Judge Elwell asked.
“Suppose he took a revolver with him and found some obscure corner of the room, or perhaps a louver in a ventilator, and fired a bullet and then claimed that this was evidence which had been overlooked by the police?”
“That is tantamount to an accusation of unprofessional conduct,” Judge Elwell said.
“I am making no accusations, but I may say that the police are not finished with the premises as yet.”
“Why not?” Mason asked. “Do you think there is further evidence which hasn’t been uncovered?”
“I don’t know,” Dillon said, “but, as you yourself have remarked, the fact that there is no evidence of the fatal bullet might be significant. Therefore, the police have sealed up the premises just as they found things. We would like to keep them intact, at least until after this hearing.”
Judge Elwell said, “I’m going to make this suggestion. The Court wants to look at the premises to see if there is any possibility that a hole made by the fatal bullet could have been overlooked. From the angle of the shot, it is possible to find that bullet almost anywhere — even in the ceiling.”
“The police have looked in the ceiling. They have looked everywhere,” Dillon said.
“Then there is no reason why the premises should be kept sealed up,” Judge Elwell remarked.
“This Court is going to take a two-hour recess. During that time we will go to the premises and inspect them. The defendant’s attorney will be given every opportunity to inspect the premises, and I would like to have the prosecutor and Lieutenant Tragg present during the inspection so that the Court can question them.
“The Court will also ask the Court reporter to be in attendance and take down anything that is said.”
“Such an inspection can’t do any good,” Dillon protested.
“Well, can it do any harm?” Judge Elwell asked.
Dillon started to say something, then changed his mind.
“It is so ordered,” Judge Elwell said. “Court will take a recess and reconvene at the scene of the murder. We will ask the sheriff’s office to furnish transportation.”
Chapter Seventeen
Lieutenant Tragg stood in the middle of the room, acting somewhat as master of ceremonies.
“Your Honor will notice that the place where the body was found has been outlined in chalk,” he said. “There is also an outline in red chalk of the pool of blood.
“I may state that the strong probabilities are that the fatal bullet was carried out in this pool of blood, which unfortunately happens altogether too frequently.
“The bullet has just enough force to leave the body and fall to the floor, the blood flows over the bullet and, in the course of a few hours, coagulates into a gelatinous mass.
“The police outline the position of the body. They outline the pool of blood. They take photographs, and then the body is removed and the blood is removed in the form of one large clot. It sometimes happens that the fatal bullet is imbedded somewhere in this blood clot.