Vaulding nodded. “Exactly, Your Honor. Which is of course hearsay, because how could Sanders know that except from something they or some third party told him.”
“I see,” Judge Hendrick said. “And what, specifically, is your motion?”
“I am willing to stipulate that Mr. Winslow and Miss Garvin need not be called to testify about finding the body, if Mr. Winslow will stipulate that I may ask questions regarding the finding of the body that might technically be considered hearsay.”
Judge Hendrick turned to Steve Winslow. “Mr. Winslow?”
“Yes, Your Honor.”
“You’ve heard what Mr. Vaulding has in mind. In light of the stipulation that he intends to avoid calling you and Miss Garvin to the stand, are you willing to stipulate that he be allowed the latitude to ask questions that might technically be considered hearsay?”
“No, Your Honor.”
There came a surprised murmur from the spectators in the courtroom. Obviously, all of them had expected Steve to agree.
Apparently, Judge Hendrick had too. He frowned. “You’re not willing, Mr. Winslow?”
“Absolutely not, Your Honor,” Steve said. “I’d be a fine attorney if I stipulated away my client’s rights to avoid embarrassing myself.
“I’ll go this far, however. Mr. Vaulding can ask Lieutenant Sanders whatever questions he wants, and I’ll try not to object unless I feel an answer might tend to violate the rights of my client. But to make a blanket statement that I don’t intend to object-that’s just ludicrous. Frankly, Your Honor, I don’t know what questions he’s going to ask or how the witness is going to answer. And I’m certainly not willing to let Lieutenant Sanders speak for me. If it works out, fine. But as far as being a witness in the case, let me tell you this. If Lieutenant Sanders’s recollection differs from mine, I’ll not only cross-examine him on it, when I start putting on my case, I’ll put myself on the stand to contradict him and try to impeach his testimony.”
Judge Hendrick frowned. “In that event, it might be necessary for you to step down as counsel.”
“I think not, Your Honor,” Steve said. He gestured to a stack of law books on the defense table. “And I have the precedents to back it up.”
“We’ll cross that bridge when we come to it,” Judge Hendrick said. He turned back to Vaulding. “Mr. Vaulding, let’s proceed. While the defense counsel does not wish to make a stipulation, he has assured us he does not intend to object unless he has to. Now let’s proceed on that basis and go as far as we can until we hit an objection. And if we don’t, the matter becomes moot. Bring in the jury.”
When the jurors had been brought in and seated, Vaulding said, “Now then, lieutenant, you stated two of the guests you questioned particularly were Mr. Winslow and Miss Garvin?”
“Yes, sir.”
“And why was that?”
“Because they were the ones who found the body.”
“The first ones to find the body?”
“That is correct.”
“How do you know that?”
“Actually, only by hearsay. I was told that by the officers on duty when I got there. It was later confirmed by Mr. Winslow and Miss Garvin themselves.”
“You questioned them at the scene of the crime?”
“That is correct.”
“Do you know what time they found the body?”
“Only indirectly. From what they told me. And by what I was able to confirm from other sources.”
“What other sources?”
“When they found the body, Mr. Winslow stayed with it and Miss Garvin went to inform the butler, Martin Kessington, who then called the police. I have his statement, as well as the officer who logged the phone call.”
“What time did the call come in?”
Sanders hesitated. “Again, I only know from what I’ve been told.”
Vaulding smiled. “Unless there’s an objection, you can tell us. When was that, lieutenant?”
“Approximately five forty-five.”
“Does that coincide with the time Mr. Winslow and Miss Garvin told you they found the body?”
“Yes, sir, it does.”
“According to your interviews with them, was anyone else present when they found the body?”
“No, sir. They were alone when they found it. Then Miss Garvin went and got Mr. Kessington, and he called the cops.”
“And did they indicate what led them to find the body?”
“Objection,” Steve said.
Judge Hendrick frowned. “Let’s have a sidebar.”
When the attorneys and court reporter had assembled at the sidebar, Judge Hendrick said, “Now, Mr. Winslow, as to your objection. You are objecting to that question as hearsay?”
“No, Your Honor.”
“No?” Judge Hendrick said. “But it does call for hearsay. If you objected on that grounds, I would have to sustain it.”
“I don’t want to object on those grounds, Your Honor.”
Judge Hendrick frowned. “You what?”
“Begging Your Honor’s pardon,” Steve said. “But while I didn’t stipulate, I certainly agreed to let Mr. Vaulding attempt to present this technically hearsay testimony. And I have no wish to renege on it.
“But this question is something else. I object on the grounds that it is leading and suggestive.”
Judge Hendrick frowned again. “Leading and suggestive? Mr. Winslow, are you anticipating what Lieutenant Sanders answer will be?”
“Yes, Your Honor. I anticipate his answer will be no.”
“Then how can that be leading and suggestive?”
“Not for Lieutenant Sanders, Your Honor, but to the jury.” Steve jerked his thumb at Vaulding. “It’s the same thing he tried to pull during his motion. If you let him get away with it, Your Honor, his follow-up question will be to ask Lieutenant Sanders if I found the body as a result of anything anybody told me.”
“Yes, I see. And yet that would be a perfectly legitimate question. Mr. Vaulding is attempting to avoid putting you on the stand, but if you were on the stand, and testified to finding the body, he would have every right to ask you why. Including whether your finding it there was a direct result of something someone had told you.”
“Exactly.”
“So it’s really the same thing.”
“No, it isn’t, Your Honor. And that’s why I didn’t want to stipulate. If I were on the stand and he asked me that question I could say, ‘Absolutely not, no one told me anything.’ If he asks that question of Lieutenant Sanders, he will respond that he asked me that question and in response I claimed that no one had told me anything. Even worse, he may state that I denied that anyone had told me anything.
“See the difference, Your Honor? Even though the answer is essentially the same, there is a huge difference in the spin one can put on it, and the implications one can make in the manner in which one happens to give it.”
Judge Hendrick’s face was beginning to take on a perpetual frown. After all, here it was, the first witness, and the attorneys were already at odds over a relatively unimportant point. He looked at Steve Winslow. “You could do me a big favor, you know, just by objecting to the question on the grounds that it’s hearsay.”
“In that case, Your Honor,” Steve said, “I would have to object to this entire line of questioning on the grounds that it’s hearsay. In which case Mr. Vaulding would have to put me on the stand. I personally have no objection to that, but I don’t think Your Honor would like it much.
“But it’s up to you. I’m objecting to that question on the grounds that it’s leading and suggestive.”
Judge Hendrick took a breath. “The objection is sustained.” He turned to Vaulding. “Mr. Vaulding, I don’t want to tell you how to run your case, but I suggest you make every effort to get beyond this.”
“Yes, Your Honor.”
When they had all returned to their positions Judge Hendrick said, “The objection is sustained. Mr. Vaulding, please rephrase your question.”
Vaulding smiled as if perfectly satisfied with the judge’s ruling. “I’ll withdraw it, Your Honor, and ask something else. Lieutenant Sanders, were you personally present at the crime scene until the medical examiner arrived?”