Harrison Flanders said, “If the Court please, our next witness is Norma Owens.”
Norma Owens identified herself as the manager of the office of the Corning Mining, Smelting & Investment Company.
Flanders said, “I show you a stiletto letter opener marked People’s Exhibit G, and ask you if you can identify that.”
“That particular letter opener is one that was on the desk of the defendant, Susan Fisher. She used it to open letters.”
“How do you identify it?”
“By its general appearance, and a little nick at the edge of the handle. I remember when that nick was put in there. Miss Fisher was using it to pry the lid off a can of paint.”
“No further questions of this witness,” Flanders said. “You may cross-examine.”
“No cross-examination.”
“I will recall Lieutenant Tragg for another question,” Flanders said. “You have already been sworn, Lieutenant Tragg. Just take the stand.”
Mason, looking out the window, his eyes focused on distance, seemed hardly aware of what was going on.
“You have made a search of the apartment of the defendant in this case, Lieutenant?”
“I have.”
“Among other things were you looking for a receipt for renting Car Number 19 from the We Rent M Car Company?”
“I was.”
“Did you find it?”
“I did.”
“Does it bear the signature of the defendant?”
“It does.”
“Will you introduce it, please!”
Tragg produced the paper.
“I ask that it be introduced in evidence as People’s Exhibit R,” Flanders said. He turned to Mason. “Cross-examine.”
Mason apparently didn’t hear what Flanders had said. His eyes narrowed in thought, he was staring out through the window.
“You may inquire, Mr. Mason,” Judge Elmer said.
Mason gave a little start, said, “Yes, Your Honor. Thank you.”
He rose to his feet, approached Lieutenant Tragg, who turned to face him expectantly, then said abruptly, “No questions,” and returned to his chair.
“That’s all, Lieutenant,” Flanders said. “That’s our case, Your Honor.”
Hamilton Burger got to his feet. “If the Court please,” he said, “I wish only to comment on matters which have been received in evidence but the Court will notice that we have here a murder — a cold-blooded, deliberate murder. In addition to that we have the disappearance of Amelia Corning. This is a very serious matter and there is no question but what the murder and the disappearance are related.”
“Just a moment,” Mason interrupted. “Are you preparing to argue the case now?”
“Certainly,” Hamilton Burger said.
“I doubt if there’s any need for argument,” Judge Elmer announced.
“Isn’t it proper,” Mason asked, “to give the defense, a chance to put on evidence?”
Burger looked at him in surprise. “There isn’t any evidence you dare to put on, none that you can put on.”
Mason said, “If the Court please, before being called to put on any evidence on my side of the case I would like to recall Endicott Campbell for further cross-examination.”
“We object to it,” Hamilton Burger said. “This is a favorite trick of Counsel, to wait until the testimony is all in so that he is familiar with the case of the prosecution and then recall some key prosecution witness for further cross-examination.”
“I think I will permit it, however,” Judge Elmer said. “While this is a preliminary hearing for the purpose of determining whether there is reasonable cause to connect the defendant with a crime, the fact remains that it is a hearing in a court of law. The defense cannot be expected to know all of the prosecution’s case. It is the theory of the law that the defense be given every opportunity to explain the facts.”
“If the Court please, these facts are susceptible of only one explanation,” Hamilton Burger said, “and I feel that Mr. Mason’s desire to further cross-examine Mr. Campbell is simply for the purpose of gaining time and laying foundation for some possible conflict in the evidence when the case comes on for trial in the Superior Court. We have certainly established a prima facie case and are entitled to a ruling of the Court at this time. If Mr. Mason wants to call Endicott Campbell as his own witness he can do so.”
Judge Elmer shook his head. “I’m going to permit Counsel to recall Mr. Campbell for cross-examination,” he said. “Take the stand, Mr. Campbell. You have already been sworn.”
Mason said, “I just want to ask you a couple of questions, Mr. Campbell. You learned over the telephone from the defendant that your son, Carleton, had given her a shoe box containing a large number of hundred-dollar bills. You learned this Saturday night. Is that right?”
“I learned nothing of the sort,” Campbell said indignantly. “She told me that my son had done that. I didn’t learn that he had, because he hadn’t. She told me a He. I proved it was a lie. I instituted an investigation and found that my son had done nothing of the kind, that he had a shoe box containing a pair of my dress shoes. I know that my son kept some of his own toys or treasures, as he called them, in a shoe box, and I remember that I laughingly told him that we might trade. But I at no time had any shoe box containing any sum of money concealed in my house, and he at no time had any shoe box containing any large sum of money which he gave to the defendant.”
“However,” Mason said, “you were afraid to have the boy interrogated on this point so you had him spirited away out of sight where the police couldn’t interrogate him, didn’t you?”
“I did nothing of the sort!” Campbell shouted. “I certainly didn’t intend to let you hypnotize my son and brainwash a seven-year-old boy in order to—”
“Now just a moment, just a moment,” Hamilton Burger said. “There is no need for Mr. Campbell to volunteer any information, although I can appreciate his righteous indignation. However, if the Court please, this cross-examination is ill-advised, improper, calling for matters which are incompetent, irrelevant, and immaterial.”
“I think it may go to the bias of the witness. I’d like to know just what happened there,” Judge Elmer said. “There’s no reason why the witness can’t answer the question. He seems to be taking care of himself all right.”
Hamilton Burger sat down.
Campbell said, “That’s all I have to say. I certainly didn’t intend to have some smart attorney trying to make my son a football in an embezzlement case. I admit that I told Elizabeth Dow, the governess, to take him where he would be undisturbed by persons who wanted to question him and to remain away until I advised her to return.”
“But how were you going to let her know when it was all right for him to return if you didn’t know where they were staying?”
“I told her to call me up from time to time.”
“I have no further questions,” Mason said.
“That concludes our case,” Hamilton Burger announced.
“I would like to recall Elizabeth Dow for further cross-examination,” Mason said.
“We object, Your Honor. Counsel is now apparently going on a fishing expedition.”
“Apparently so,” Judge Elmer ruled. “Perhaps, Mr. Mason, if you would state the line of cross-examination you wish to pursue, the Court could make a different ruling.”
“I want to find out where Endicott Campbell’s seven-year-old son was kept hidden from Saturday evening on,” Mason said.
“I don’t see why,” Judge Elmer said.
“It may make quite a difference in the case,” Mason said.
Judge Elmer shook his head. “I think not. The permission to recall Elizabeth Dow is not granted. Now do you have any defense, Mr. Mason?”