“Call Henry Crumbly.”
As the portly gun collector took the stand, Timberlaine leaned over and whispered, “Why are they calling Hank?”
Steve Winslow gave him a look. As one might have expected, their pre-court conference had not been harmonious and Steve was not feeling entirely cordial. “Motivation,” he said shortly.
When the witness had been sworn in, Vaulding said, “Mr. Crumbly, are you familiar with the defendant, Russ Timberlaine?”
“Of course.”
“How long have you known him?”
“Several years.”
“How is it that you know him?”
“We are both gun collectors. I believe my wife and I originally met him at an auction.”
“A gun auction?”
“Yes, of course.”
“Did you know the decedent, Jack Potter?”
“Yes, I did.”
“How did you know him?”
“He is a renowned expert in the field of guns. I have met him on several occasions in that capacity.”
“Including the weekend of his death?”
“Yes.”
“You were a guest at the Timberlaine mansion that weekend?”
“Yes, I was.”
“You saw Jack Potter at that time?”
“Yes, of course. He was the expert there for the auction.”
“Did you discuss guns with him that weekend?”
“Actually, I did.”
“Guns that were to be bid on at the auction?”
“That’s right.”
“Were you present at the auction?”
“Yes, I was.”
“Did you bid at the auction?”
“Yes, I did.”
“Tell me, did you make any bid on any gun at the auction that was somewhat out of the ordinary?”
Crumbly hesitated a moment. “Actually, yes, I did.”
“And what might that be?”
“I bid on a gun for Russ Timberlaine.”
“That’s what I was getting at, Mr. Crumbly. Could you tell us about that?”
“Well, that’s basically it. There was a gun Russ Timberlaine wanted. He suspected if Melvin Burdett knew he wanted the gun, Burdett would try to outbid him for it. So he asked me to bid for him.”
“He asked you to buy the gun for him?”
“At least to try to.”
“What instructions did he give you?”
“Simply to bid on the gun as if I were bidding on my own. Make every effort to purchase it, but not go over thirty thousand dollars.”
“That’s what you did?”
“Yes, I did.”
“And did you buy the gun?”
“No, I did not.”
“Why is that?”
“Burdett outbid me.”
“How much did he bid?”
“Thirty-one thousand dollars.”
“Which you had been instructed not to go over?”
“That’s correct.”
“What did you do then?”
“I stopped bidding. As I’d been instructed.”
“Before that happened-did you make any effort to communicate with Russ Timberlaine to see if he wanted you to go higher?”
Crumbly hesitated a moment, then said, “I looked over where he was standing.”
“Did he give you any sign?”
“No, he did not.”
“Did he see you looking at him?”
“Actually, no.”
“Why not?”
“Objection.”
“Sustained.”
“When you looked over at him, what was Timberlaine doing?”
“He was just standing there.”
“Standing there doing what?”
“Nothing in particular. Just standing.”
“You say he wasn’t looking at you?”
“No.”
“Who was he looking at?”
Crumbly hesitated. “The room was crowded.”
“I’m sure it was. Tell me, in your mind, who did it appear to you that he was looking at?”
Crumbly took a breath. “Melvin Burdett.”
“So,” Vaulding said. “Correct me if I am wrong. You bid on the gun. Burdett outbid you. When that happened you looked over to Timberlaine for instructions. He gave none because he did not see you. And to the best you can determine, it was your impression that he was looking at Melvin Burdett?”
There was a pause, then Crumbly said, “That’s right.”
Vaulding nodded. “I see. And what expression did Mr. Timberlaine have on his face at the time?”
“Objection.”
“Sustained.”
“How did Russ Timberlaine appear to you?”
“It was hard to tell. He wasn’t looking at me.”
“What was your impression?”
“Objection. Calling for a conclusion.”
“Sustained.”
The smile never left Vaulding’s face. “Tell me, Mr. Crumbly. When you got no response from Russ Timberlaine you stopped bidding. Is that correct?”
“Yes.”
“The bidding was closed and the gun was marked down for Mr. Burdett?”
“That’s right.”
“When that happened, did you happen to notice Russ Timberlaine then?”
“Yes, I did.”
“What did he do?”
“He left.”
“He left the auction?”
“Yes, he did.”
“How did he leave?”
“Objection.”
“Sustained.”
Vaulding frowned. “Your Honor, this witness is clearly hostile. Some latitude here would be appreciated.”
“Well, he hasn’t shown any hostility yet. Rephrase your question.”
“In your own words, can you describe how Russ Timberlaine left the auction?”
“I don’t know what to say. He just turned around and walked out.”
“Was the auction over?”
“No.”
“There were other guns left to be auctioned off?”
“Yes.”
“How many?”
“I don’t know. Five or six.”
“Timberlaine didn’t stay to see them auctioned?”
“No, he did not.”
“I see. And what time was this, when Timberlaine left the auction?”
“I wouldn’t know exactly.”
“Would you know approximately?”
“It was around four o’clock.”
“Now, it was later that evening that the police arrived at the mansion, was it not?”
“Yes, it was.”
“And what time would that be?”
“I’m not sure. I think sometime between six and seven.”
“And had you seen Mr. Timberlaine between the time he left the auction and the time the police arrived?”
“No, I had not.”
“You had not seen him, spoken to him, or had any contact with him in any way?”
“No, I had not.”
“Did you look for him? After the auction, I mean. To apologize for not getting the gun, or to commiserate or to discuss what went wrong?”
“Actually, I did look around for him. But he wasn’t in any of the usual places.”
“Oh? And what were the usual places?”
“The places he would be apt to mingle with the guests. Like the patio or the bar.”
“Or the gun room?”
“No. I didn’t look there.”
“Was it one of the usual places?”
“Not in the same sense. More like one of the special places.”
“So you didn’t look there?”
“No.”
“Did you try his apartment?”
“No.”
“Why not? Wasn’t that a natural place to look?”
“I wouldn’t want to bother him there.”
“Why not?”
“I just wouldn’t.”
Vaulding smiled. “You mean if he was upset enough to hole up in his apartment and ignore his guests, you didn’t want to tangle with him?”
“Oh, Your Honor,” Steve said.
Vaulding held up his hands. “I’m sorry. I withdraw the question. No further questions, Mr. Crumbly.”
“Does the defense wish to cross-examine?”
Steve Winslow stood up. “I have one or two questions. Mr. Crumbly, you’ve testified Russ Timberlaine asked you to bid on the gun?”
“That’s right.”
“When did he ask you to do so?”
“Earlier that day.”
“Can you be more precise?”
“Yes. It happened that I had brunch with him. I say, it happened, because brunch is served all morning long, but we happened to eat at the same time. And he asked me if I would mind bidding for him.”
“Did he tell you why?”
“Of course. He was afraid Burdett would outbid him.”