~ The Client With Lackluster Diamonds ~

by

John Hudson Tiner

Hunter said, "If the court pleases, I would like to cross-examine Lieutenant Trench before making my decision."

"I object," Elliot said.

Judge Grandville looked surprised. "You object to defense counsel cross-examining your witness?"

"Yes, I do. This is a stalling tactic. The defense counsel plans to stretch his questioning until the time for afternoon adjournment. In addition, defense counsel declined to cross examine Lieutenant Trench a few minutes ago."

"The witness has taken the stand for a second time," Hunter pointed out.

"The objection is overruled. Ask your questions, Mr. Hunter."

"Lieutenant Trench, did you also attempt to trace the .45-caliber revolver, the gun that fired the shot described by the autopsy surgeon as the fatal bullet?"

"Yes, but unsuccessfully. As Mr. Peter Rawlings testified, the gun disappeared as a part of a shipment after World War II."

"Yet, you think that gun belonged to Randolph Battle?"

"Yes, I do. It would hardly be a weapon a woman would carry, and--"

"I object, your Honor," Elliot began. Then as he thought about the answer he said, "No, I withdraw the objection."

"As I started to say, the .45-caliber Colt revolver would hardly be a weapon a woman would carry, yet it would be the type of gun to be kept in a desk drawer."

"Would it fit in the top drawer of Battle’s desk?"

"Yes."

"Easily?"

"Yes, quite easily. The entire top drawer was empty."

"Did you find any evidence that the gun had, in fact, been kept in that drawer?"

"Yes. In the top drawer I detected a discoloration caused by cleaning oil."

"Did your search of the defendant’s apartment uncover a handgun?"

"I object," Elliot said. "I think it is quite clear defense counsel is desperately trying to prolong this case."

"Sustained."

"Lieutenant Trench, isn’t it a fact that Randolph Battle purchased two .25-caliber Colt automatics?"

"You are correct. The gun shop recorded the purchase of two identical weapons. Even the serial numbers are identical except for the last digit."

Hunter said, "Now in your investigation of this case, did you come across the second gun?"

"Objection!"

"Sustained."

"Two bullets were removed from the deceased’s body. Did you find any other bullets or bullet holes?"

"No."

"In searching the deceased’s office at his home, did you find an expended cartridge other than the one entered into evidence?"

"Yes, on the desk. A heavy glass ashtray that had been used to hold miscellaneous items such as paper clips, erasers and so on had been overturned. Lying with those items was a single .25-caliber cartridge."

"What did you do with that cartridge?"

"I object. Where is this taking us? Defense counsel is asking nothing but random questions which are cluttering the record."

The judge waved aside the objection. He paused to look speculatively at Hunter. "Overruled. Answer the question."

"I placed the cartridge in an evidence container, labeled the container and gave it to Peter Rawlings, the ballistics expert."

"To your knowledge, is there the slightest physical evidence linking that expended cartridge with the .25-caliber automatic in the defendant’s apartment?"

"I object," Elliot said promptly.

"Your Honor, the answer to this question will clear matters. Either there is a connection, or there isn’t. Surely the investigating officer should be allowed to state his findings."

"I’m going to allow the question. Objection is overruled."

"Answer the question," Hunter said.

"Well, only ballistics tests would settle the matter."

"Lieutenant Trench did you attempt to make any additional tests concerning this second gun?"

Lieutenant Trench moved uncomfortably on the witness chair. "Yes. I tagged the second gun found in Ms. Fenton’s apartment and turned it over to Peter Rawlings, the ballistics expert. I felt it would be good practice to compare the .25-caliber bullet from Randolph Battle’s body with a test bullet from the second automatic and to determine if the second spent cartridge from the overturned ash tray came from the second gun."

"Were those tests carried out?"

"No, not to my knowledge."

"Why not?"

"I think the district attorney instructed a member of his staff to return the second Colt automatic to its original location in the defendant’s apartment."

Judge Grandville said, "Mr. Elliot, is this true?"

"Yes it is, your Honor. I did not intend to fall into a trap set by Dewey Hunter. The second gun had absolutely no bearing on this case and I refused to let it enter the case."

Hunter said, "Your Honor, I ask that the spent cartridge from the ash tray on Randolph Battle’s desk and this second .25-caliber Colt automatic that Lieutenant Trench found in Ms. Fenton’s apartment be entered in evidence."

Elliot said, "The introduction of this gun will cloud the issues. I won’t allow that."

Judge Grandville said, "The Prosecution is not in a position to order the court to disallow evidence. The automatic will be tagged and entered into evidence."

Elliot’s face turned scarlet. "I refuse to have anything to do with this. It is a trick of counsel."

Judge Grandville spoke in an even, ominous tone. "Your outburst, Mr. Prosecutor, comes very close to being contempt of court."

Hunter said, "I ask that either Peter Rawlings be instructed to carry out the tests, or that the second cartridge be turned over to defense so we can conduct our own tests."

"Absolutely not, your Honor," Elliot said. "I’m not letting that cartridge out of my sight."

Judge Grandville frowned. "A request has been made that the prosecution produce an item from the scene of the murder. Now the prosecution can either carry out the tests or turn the cartridge over to the defense so he can perform tests on his own."

Elliot said doggedly, "But it’s a trick, your Honor."

"Nevertheless, I order the prosecution to oversee a complete set of tests on the second gun, serial number S3894323, and upon the cartridge in your possession. That is an order. Do you understand?"

"Yes, your Honor," Elliot said in an exasperated voice.

"Very well. It appears that the usual hour of evening adjournment has been reached. Court is adjourned until nine o’clock tomorrow morning."