The Case of the Musical Cow

Chapter 27

The preliminary hearing of Robert Trenton for the murder of Harvey Richmond was very much of a cut-and-dried procedure so far as the People’s case was concerned.

Having proven the identity of the charred corpse by a chart of the teeth and the testimony of a dentist, Norton Berkeley, the prosecutor, called Dr. Nathan Beaumont to the stand.

Dr. Beaumont, crisply professional, testified that he had been called to the burned houseboat, that he had been shown the charred remains of the deceased by the sheriff; that he had at first decided death was from burning, but in order to make certain, had taken X-ray photographs of the charred body. These X-ray photographs had disclosed the presence of two bullets. He had, therefore, carefully probed for and located the bullets. From their position in the body, he would say that one of them had completely perforated the heart, the other had been immediately above the heart, puncturing a large blood vessel. In the doctor’s opinion, either bullet would have been instantly fatal.

The doctor testified that he had marked these bullets so he could identify them, and had delivered them to the coroner. The two bullets, which he now produced to be introduced in evidence, were the same bullets he had taken from the charred body. He would give it as his opinion that death was produced by gunshot wounds, that in fact he would go further and state death was caused by the two bullets he had produced.

On cross-examination, Staunton Irvine, the attorney representing Rob Trenton, having studied the list of questions which Dr. Dixon had told Trenton to deliver to his attorney, launched a somewhat half-hearted cross-examination.

“Had the investigation stopped when the bullets were found?”

Dr. Beaumont fixed the attorney with a scornful eye and said patronizingly, “I was employed to find the cause of death. I found the cause of death.”

“And then you ceased to investigate, Doctor?”

“Having found that for which I was searching, I ceased searching — which is a natural thing to do.”

“Was there evidence of hemorrhage in the vicinity of the bullets?”

“There was. That is, there was as much evidence as you could expect. The body had been charred, literally cooked.”

“You’re certain that these bullets were the cause of death?”

“As certain as I am that I’m sitting here.”

Dr. Beaumont impatiently glanced at his wristwatch.

“That’s all,” Irvine said.

The doctor was excused. The next witness was a ballistic expert who introduced the .32 automatic into evidence, produced a test bullet which had been fired from it and identified the two bullets as having been fired from that particular .32 automatic.

“Call Merton Ostrander,” the district attorney said.

Merton Ostrander arose and said, “I feel that I can contribute nothing and...”

“Come forward and be sworn,” the district attorney said.

“I prefer not to.”

“Your preferences have nothing whatever to do with it,” the judge said. “Come forward, young man, hold up your right hand and be sworn.”

Ostrander hesitated, then, with quite obvious reluctance, walked down the aisle, opened the swinging gate in the bar which separated the litigants, witnesses and attorneys from the others, and advanced towards the witness-stand, where he was sworn.

“Sit right down there,” the judge said..

“Now then,” District Attorney Berkeley said in a loud, dramatic voice, “I have here, Your Honor, a hostile witness. It’s going to be necessary to ask him some leading questions. He is testifying with obvious reluctance and...”

“Go ahead,” the judge said. “I will be able to see the attitude of the witness without having someone point it out to me.”

The district attorney said, “Mr. Ostrander, I’ll call your attention to the night of the twentieth. Did you know the defendant at that time?”

“I did. Yes, sir.”

“Did you see the defendant on that night?”

“Yes, sir.”

“Did he have some weapon with him?”

Ostrander hesitated.

“Answer the question,” snapped the district attorney.

“Yes, sir, he did.”

“Have you ever seen this .32 automatic before?” the district attorney asked, and then added, “Let the record show that I am handing the witness People’s exhibit number three.”

“I... I believe I have.”

“Don’t you know?”

“Yes.”

“Have you?”

“Yes.”

“Where?”

“I saw it late on the evening of the twentieth, or rather earlier, on the morning of the twenty-first.”

“At about what time?”

“Around two o’clock in the morning.”

“And who had that weapon?”

Ostrander changed position.

“Mr. Ostrander, I asked you a question. Who had that weapon?”

“Robert Trenton.”

“The defendant?”

“Yes, sir.”

“Did he make any statement in connection with it?”

“He said that he had been held a captive and had made his escape, and that he had taken this weapon with him to protect himself.”

“And did he say anything about having shot it?”

“Yes. He said he had fired it.”

“How many times?”

“Twice.”

“At what?”

“At... well, in order to force someone on the houseboat to keep his distance; to keep that person from coming ashore.”

“And where was it this conversation took place?”

“At the home of Linda Mae Carroll.”

“What’s the address?”

“205 East Robinson Street, Falthaven.”

“Who was present?”

“Linda Mae Carroll, her niece Linda Carroll, Robert Trenton and I.”

“Anyone else?”

“No one else.”

“How did it happen that you were there, Mr. Ostrander?”

“I had been in contact with Miss Linda Carroll earlier in the day. I decided to try and locate her at the residence of her aunt, Linda Mae Carroll. At that time it was quite late in the evening and...”

“How late?”

“Well, I would say it was around eleven o’clock or eleven-thirty, perhaps a little later.”

“Very well, go on. What happened?”

“And Linda Mae Carroll, that’s Miss Carroll’s aunt, had retired for the night. She got up, however, and very graciously insisted that I stay all night, when it later appeared I’d missed the bus.”

“Cross-examine,” the district attorney said.

Staunton Irvine said belligerently, “How do you know this is the same weapon that you saw?”

“There was a question about notifying the police,” Ostrander said, “and after some discussion it was decided to wait until morning, and go back to the place where the... well, where the trouble had occurred, and look around a bit.”

“Why?”

“Well, it was... it was late, about two o’clock in the morning and we thought things would keep. Robert Trenton was laboring under a misapprehension.”

“What was the misapprehension?”

“He thought that... well, it seemed that the automobile which... I guess I hadn’t better go into that.”

“What I am getting at is, how do you know it is the same gun?”

“Because we wrote down the numbers on the gun, and then it was locked in the desk at the suggestion of one of the parties.”

“Who made that suggestion? Do you know?”

“I think Linda Mae Carroll did.”

“And who had the key to the desk?”

“Why, I believe...”

“Did you?”

“Yes.”

“You’re certain of that?”

“Yes.”

“No further questions,” Irvine said, and, turning to Trenton whispered, “I’m afraid to cross-examine him. He keeps making it worse.”

“Just a moment,” the district attorney said, as Ostrander started to leave the witness-stand. “There are a few questions on re-direct examination. You said something about an automobile which had been a subject of discussion. What was that about?”

“Objected to as incompetent, irrelevant, and immaterial and not proper re-direct examination,” Irvine said.

“But,” the district attorney announced suavely, “you brought out the facts concerning this conversation in your cross-examination. Having shown a part of the conversation, I’m certainly entitled to show all of it.”

“Objection overruled,” the judge said. “Answer the question.”

Ostrander said, uncomfortably, “Robert Trenton thought perhaps the automobile, which had been loaned him by Miss Carroll, had been used in connection with some sort of... well, some illegal activity.”

“Do you mean the smuggling of narcotics?”

“Yes.”

“Well, why didn’t you say so then?”

“I... it’s a subject I don’t care to go into.”

“We’re investigating a murder,” the judge reprimanded. “Your personal feelings are to be relegated to the background, sir. You’re a witness. Do you understand that?”

“Yes, Your Honor,” Ostrander said.

“Proceed,” the judge ordered.

“Just what was that conversation?”

“Well, after we arrived in port, Miss Linda Carroll wanted Robert Trenton to drive the automobile. Some friends were meeting her and she suggested that he drive the automobile home and then she would pick it up later. Well, Trenton told us he’d had a flat tire and in looking around on the underside of the car he’d found a bulge. He told us he purchased a cold chisel and removed this metallic pocket which had been welded to the car, and... well, there was some dope in there.”

“Indeed?” the district attorney said sarcastically. “And at this conversation did Mr. Trenton say what he had done with this dope?”

“He buried it.”

“And he accused Miss Carroll of having been guilty of smuggling?”

“Not that, but he... he said he was trying to get an explanation.”

“And you conveniently forgot to tell the police all about this, didn’t you?”

“I haven’t been asked before.”

“I see,” the district attorney said significantly, and then added, “Do you know where Miss Linda Carroll is now?”

“No, sir. I do not.”

“Very well, that’s all,” the district attorney said, and then, with something of a sneer at counsel for the defence, said, “Does counsel for the defence have any further questions on re-cross-examination?”

“None, Your Honor,” Irvine said uncomfortably.

“Call Linda Mae Carroll to the stand,” the district attorney announced triumphantly.

Linda Mae Carroll took the oath, seated herself on the stand, pointed her nose at the district attorney and clamped her lips together.

“You’ve heard Mr. Merton Ostrander’s testimony?”

“Yes.”

“Is it correct?”

“Yes, I suppose so.”

“What time did this conversation with Mr. Trenton take place?”

“Right around two o’clock in the morning, I think it was.”

“And Trenton produced this gun for your inspection?”

“Well, he produced it.”

“And what did you do with it?”

“Told Merton Ostrander to lock it up right away. I didn’t want to have a gun hanging around the house. I asked him if it was loaded and he took out the clip and showed me that it was loaded. I believe the clip was full except for two shells. I told him to put the clip back and lock that gun up somewhere.”

“Then what did you do?”

“I remembered the desk had a lock on it, so I had him put it in the desk and I suggested Merton Ostrander keep the key.”

“Was there any conversation about your niece having been a party to smuggling?”

“Certainly not.”

“You heard what Mr. Ostrander said, didn’t you?”

“That,” Linda Mae Carroll said with dignity, “is something else again. Robert Trenton was merely describing something that had happened to the automobile. It didn’t have anything to do with my niece.”

“Your recollection of the conversation is approximately the same as that of Mr. Ostrander? You have nothing to add to his testimony?”

“I guess that’s about it,” she said, “but don’t you think for a minute that Rob Trenton aimed that gun at this man, fired and hit him. He just pointed it in the man’s general direction and fired to frighten that man; and don’t you think for a minute that he’s a good enough shot to put two shots within a space no bigger than the size of your hand, at night... that’s absurd.”

“We are not asking you for your opinion, Madam,” the judge said sharply.

“Do you know where your niece, Linda Carroll, is?” the district attorney asked.

“I do not,” she snapped at him. “All I know is that she’s been hounded to death by policemen and newspapermen until she’s on the verge of a nervous breakdown, and she’s gone to some place to try and get a little privacy. I don’t know where it is, and if I did I wouldn’t tell you. She’ll show up at the proper time, don’t worry about that.”

“This is the proper time,” the district attorney said.

“That may be what you think, but I don’t need you to do my thinking for me. I’ll know when’s the proper time, and so will she.”

“You know, do you not, that we have made every effort to locate her?”

“I do not.”

“Well, I’m telling you that we have.”

Linda Mae eyed him with shrewd twinkling eyes. “Well, if it’s going to count as evidence, you’d better take the oath and trade places with me.”

Even the judge smiled as her sally rocked the courtroom with laughter.

“Well, you know police have been to your house searching for your niece,” the district attorney shouted.

“Of course I do,” Linda Mae said. “They trampled the flowers, wore out the doorbell and left cigar butts all over the lawn.”

“Well,” the district attorney countered, “they were officers, perhaps no better, but certainly no worse than the average, and, under my orders, they were searching for your niece, Linda Carroll, and they failed to find her.”

Linda Mae nodded pertly. “It takes a better than average cop to find someone at a place where they ain’t.”

Again laughter swept the courtroom before the judge could pound it to order.

“Cross-examine,” the district attorney said with a wry smile.

“Miss Carroll,” Staunton Irvine said, “what happened after the weapon, People’s exhibit number three, was locked in the desk?”

“We talked for a while and then we went to bed.”

“And was there some discussion about an automobile... that is, an automobile other than the one that had been loaned to Mr. Trenton by your niece?”

“There was. Mr. Trenton had an automobile that he’d picked up and in which he made his escape. We parked it at a place where the police would find it eventually.”

“Why didn’t you notify the police?”

“Well, at the time I didn’t see that any good could come of it.”

“Now then,” Irvine said, “who had the key to the desk?”

“I believe Mr. Ostrander took the key and put it somewhere, or maybe he kept it. He said that we should take great pains to see that the gun was kept so it could be turned over to the police... that is, that nothing happened to it. Of course, at that time no one, not a single one of us, had any idea a man had been killed. We thought it was just another smuggling gang.”

“That’s all.”

The district attorney called Sam Joyner to the stand, then abruptly changed his mind and said, “No, I don’t think that will be necessary.”

He turned to the judge and said, “Your Honor, I think we have made out a prima facie case; one which is more than amply sufficient to bind the defendant over. The victim was killed by two bullets fired from an automatic weapon which was concededly in the hands of the defendant and which the defendant admitted firing when it was pointed towards the deceased. Any question of premeditation or any difference between manslaughter, second-degree murder or first-degree murder will be threshed out at the trial. At the present time it would seem that there is only one course open to Your Honor, and that’s to bind the defendant over on a charge of first-degree murder and let the higher court decide the legal aspects of the situation.”

The judge nodded.

“Therefore,” the district attorney said, “the prosecution rests.”

“Well, I guess there’s reasonable cause here to connect the defendant with the crime,” the judge said, “I...”

“Call our witness, quick,” Rob whispered to his lawyer.

Irvine shook his head.

“Just a moment, Your Honor,” Rob Trenton said in a sudden burst of desperation, surprising even himself by his daring. “I wish to confer for a moment with counsel concerning my case.”

The judge frowned, waited briefly.

Irvine said in angry whisper, “He’s made up his mind to bind you over. There’s nothing else he can do. Now sit still and let me handle this.”

“You mean you won’t call Dr. Dixon?”

“Exactly. We can’t afford to waste our valuable ammunition at this time aiming at an impossible target. The judge has his mind all made up.”

The judge rapped with his gavel. “There certainly seems no alternative to the Court at this time but to find the defendant...”

“Just a moment,” Rob Trenton interrupted, “I want to call one witness to the stand.”

Staunton Irvine whispered frantically in his ear, “Don’t do it, you fool. He’s going to bind you over anyway, and you’ll simply be tipping your hand. Your witness will go on the stand and the district attorney will cross-examine him up one side and down the other, then when the case is on trial in the higher court, the district attorney will have a record to confuse him with, asking him if he didn’t say this, or fail to say that, and...”

“Nevertheless,” Trenton said, “I want to call him.”

“Who’s your witness?” the judge asked irritably.

“Dr. Herbert Dixon,” Trenton said.

The district attorney smiled. “No objection. Your Honor, no objection. Let the defence call him, by all means.”

“All right,” the judge said, “if you want to call a witness that’s a right that you have. If Dr. Dixon is still in the courtroom he’ll come forward and be sworn.”

Dr. Dixon came forward and was sworn.

Acting with manifest reluctance, Staunton Irvine qualified him as an expert, then took the written list of questions which Rob Trenton handed him.

“Doctor, did you have occasion to examine the body of Harvey Richmond?”

“I did.”

“When?”

“On the afternoon of the twenty-first.”

“Did you make a post-mortem examination?”

“I made the best post-mortem examination I could. I was unable to make a complete examination.”

“Why?”

“Because an earlier post-mortem had been made. The body had been cut open in order to extract two bullets. However, the skull had not been opened and there were other parts of the burned body which remained undisturbed.”

“Did you determine the cause of death?” Irvine asked listlessly.

“I did.”

“What was it?”

“Death was caused primarily by burns,” Dr. Dixon said.

“By burns?” Irvine echoed in surprise.

“That’s right.”

“What about the bullets?” the lawyer blurted in surprise.

“Well,” Dr. Dixon said, “I didn’t have an opportunity to see the bullets in place, but nevertheless, I believe that the cause of death was not from gunshot wounds but from burns.”

Staunton Irvine turned the sheet of paper. The second page was blank, there were no more questions.

Irvine hitched forward in his chair.

“That’s all,” Rob Trenton whispered.

“But now we’re just getting started,” Irvine said.

“Then stop,” Rob told him.

“But why? We may stand a chance now.”

“I don’t know why. That’s the way Dr. Dixon planned it.”

“The district attorney will rip him to pieces on cross-examination,” Irvine whispered.

“Come, come, gentlemen,” the judge said, “let’s get on with the trial.”

“That’s all, Your Honor.”

The judge looked at the district attorney.

Norton Berkeley, with something of a sneer, arose and said, “Well, Doctor, you have presumed to testify that Harvey Richmond died because of the fire. Is that right?”

“That’s right.”

“Yet you didn’t see the location of the fatal bullets?”

“I presume,” Dr. Dixon said, “by the fatal bullets you are referring to People’s exhibits one and two?”

“That’s right.”

“No sir, I didn’t see the location of the bullets.”

“You didn’t see the X-ray pictures?”

“No, sir. I haven’t seen them.”

“Take a look at them now, then,” Berkeley invited. “I will show you People’s exhibits four and five. Do you see what these are? That is, can you get yourself oriented, Doctor? Can you determine the anatomical structure from these photographs?”

“I can do so very well, thank you.”

“And do you see the bullets as shown in these photographs?”

“I do.”

“Do you believe those bullets could have been discharged into the body of a living, breathing human being without causing death?”

“No, sir.”

“Almost instantaneous death?”

“That’s right.”

“And yet you say that your examination of this body led you to believe that the man died as the result of the fire?”

“I am certain of it,” Dr. Dixon said slowly. “And now if you will let me explain that answer, I will add that I am certain that Harvey Richmond was engaged in a fight, a physical struggle, shortly before death took place, that he received several blows about the body, that thereafter he was clubbed over the head and that his skull was possibly fractured, that he became unconscious, and while he was unconscious the houseboat was set afire, and that Harvey Richmond lived, although he was unconscious, for some time after that fire started, long enough for the fire to cause his death.”

“And do you mean to tell us that you can deduce all of that from an examination of the charred remains of a body?” Berkeley asked with heavy sarcasm, “or did you use a crystal ball, Doctor?”

“I deduced it solely from the pathological data I found when I examined the body.”

“Well, then, by all means just tell us how you know all that.”

“To begin with,” Dr. Dixon said, “I was acquainted with Harvey Richmond in his lifetime. I know that he was of stocky build and that he was fleshy. What is not generally realized is that almost everyone has a layer of subcutaneous fat, that this varies with the individual. In the case of Harvey Richmond, there was a very well defined layer of subcutaneous fat.”

“And what does that have to do with it?” Berkeley asked.

“Simply this. In the event of a person receiving violent blows on his body, some of the subcutaneous fat cells are broken loose from the general fat structure and enter the bloodstream in the form of globules. Once these fatty globules have entered the bloodstream, they are carried to the lungs by the natural circulation. But in the lungs some of the blood vessels are so small that the fat globules clog the small vessels. By examining the lung tissue under a microscope these fat globules can readily be identified.”

Berkeley said, “Doctor, that sounds incredible to me.”

“It is, nevertheless, a fact.”

“And you found such fat globules in the capillaries of the lungs?”

“I did.”

“Doctor, could you produce any competent authority that would sustain that position?”

“Certainly,” Dr. Dixon said. “It’s generally understood among the best pathologists. However, if you wish authority, I can give you authority.”

He opened a briefcase, reached in, took out a book and said, “Here is a book entitled Homicide Investigation by Dr. LeMoyne Snyder. Dr. Snyder says on page 170, ‘Everyone has a certain amount of fat deposited underneath the skin in the abdominal cavity and in the bone marrow. If he is struck a violent blow some of this fat will be dislodged and it will be taken up by the bloodstream and carried back to the heart. From there it goes to the lungs, but here the blood passes through blood vessels so small that these fat globules are strained out. When the pathologist examines the lung tissue under the microscope, these fat globules can readily be identified by means of a special stain. The skin and underlying fat where the deceased suffered the blow may have been entirely destroyed by the subsequent fire, but if the fat globules are found in the lungs, it means two things: — One. That the deceased suffered direct violence to some portion of his body. Two. He was alive when the wound was inflicted.’”

The district attorney endeavored to dispose of the testimony casually. “I see,” he said, smiling, “and simply because you found a few fat cells in this man’s lungs, you came to the conclusion that he had suffered violence before death.”

“That’s right.”

“And therefore the fatal bullets had no particular significance?”

“There were other reasons which entered into my opinion,” Dr. Dixon said. “For instance, when a body is exposed to fire, there are certain means of determining whether a person was alive or dead at the time the fire started. If the person was alive, he was breathing. If he was breathing, certain particles of soot are necessarily inhaled, and they can be found by a careful examination in the air passages. I made such an examination and found many of these particles in the air passages of the deceased. Therefore, I know that he was alive and breathing during the time the fire was raging aboard the houseboat.”

“But you don’t know whether he was conscious or not?”

“I am virtually certain he was unconscious.”

“Unconscious because he was dying from bullet wounds, which, perhaps due to some freak, were not immediately fatal,” the district attorney said as though finally disposing of the doctor’s testimony.

“You’ll pardon me,” Dr. Dixon said, “but I know that the man had received a blow on the head prior to the outset of the fire and was undoubtedly unconscious at the time the fire was started.”

“Some more of your clairvoyant medicine, I suppose,” Berkeley said, trying by sarcasm to destroy the damaging effect of the doctor’s testimony.

“There is nothing clairvoyant about it at all. It is a matter of scientific determination. When...”

“Well, I don’t think we’re interested in all this so-called scientific prattle,” the district attorney interrupted. “It’s been established by competent and unchallenged medical testimony that this man was shot, that he was shot with bullets fired from a certain gun, and that those bullets would cause almost instant death. I don’t think we need to waste the Court’s time with any further dissertations on abstract science.”

“You’ll pardon me,” Dr. Dixon said, “but you asked me how I knew that the man had received a blow on the head and was unconscious prior to the time the fire started. I want to answer that question.”

“Well, I don’t care about hearing it,” the district attorney said. “That’s all.”

The judge interposed. “It seems the Doctor is trying to tell us something here, and we should know what it is.”

“I withdraw my question,” the district attorney said. “I recognize a desire on the part of Dr. Dixon to show his medical erudition, and while I am perfectly willing to stipulate that he is a man of great scientific qualifications, I see no reason why we should obscure the issues in the case merely in order to enable him to make a public display of his knowledge, a knowledge which I am quite willing to concede.”

“I think,” Dr. Dixon said coldly, “you have entirely misunderstood the purpose of my testimony.”

“Well, in any event, my examination is concluded,” the district attorney said. “That’s all the cross-examination I have.”

The judge looked over at the defence. “Any re-direct?” he asked.

Staunton Irvine shook his head, but before he could say “No re-direct,” Rob Trenton interposed a question. “How do you know the man received a blow on the head prior to the fire?” he asked.

“Just a moment, just a moment,” Berkeley interrupted. “I object, Your Honor, to such an examination. The defendant is represented by counsel and be can certainly trust to the ability of his own attorney. He doesn’t need to step in here with comments, interpolations and questions. The attorney has signified there are no further questions.”

“I think the attorney should ask the questions,” the judge ruled.

“Ask that question then,” Rob Trenton said to his lawyer.

“I object to that,” Berkeley said. “The attorney has already signified there was no re-direct examination. He shook his head.”

Rob Trenton said, “Your Honor. I feel that I have some rights in this case. I...”

“Just a minute,” the judge interrupted. “The attorney may have shaken his head, but that doesn’t mean anything so far as the record is concerned. Counsel has to say something so the court reporter can hear it in order to keep the records straight. Now then, Mr. Irvine, is there any redirect examination?”

Irvine hesitated.

“Ask that question,” Trenton said.

Irvine whispered, “I think we’re just getting into a...”

“Ask that question,” Trenton reiterated.

“Very well,” Irvine said with poor grace. “How do you know the man received a blow on the head and was unconscious prior to the fire, Doctor?”

“Because,” Dr. Dixon said, “when I opened the skull, I found a blood clot inside of the skull which had been quite evidently caused by violence. Probably a blow which had been inflicted on the skull.”

“That’s all,” Irvine said. “No further re-direct.”

Dr. Beaumont whispered excitedly to the district attorney, and the district attorney, with a triumphant smile, said, “Just a moment, Doctor. I have some re-cross-examination. Now you’ve testified that you found some blood in the skull when you opened the skull of the deceased.”

“I did.”

“And do you think that is the result of a blow sustained on the head?”

“I do.”

“Don’t you know, as a matter of fact, Doctor, that in cases of burning, the heat may cause the skull to crack open and frequently does cause fractures of the skull, so that the relatively inexperienced pathologist — and I say this with no personal implications, but merely for the purpose of establishing a scientific fact — will accept the evidence of such heat fracture as an indication that direct violence had been suffered before death?”

“I’m quite aware of all of that,” Dr. Dixon said, “but I analyzed the blood in the brain for the presence of carbon monoxide and found none. I was able to gather a sample of blood from the liver and analyzed that and found a high percentage of carbon monoxide. It is, therefore, a fact which is not subject to serious question, that the blood which formed the clot in the head had been formed before the fire, because this blood had ceased to circulate when the fire started. Whereas the blood which was circulating through the heart and the respiratory system did become contaminated with carbon monoxide. I know, therefore, that the injury sufficient to cause this rather substantial blood clot was inflicted before the fire. Therefore, I am forced to the conclusion that the man was unconscious at the time the fire started and that he lived long enough after the fire started to inhale particles of soot in the smoke and to have the blood which was circulating impregnated with a high percentage of carbon monoxide, enough to cause unconsciousness and probably to bring about death before the flames actually reached the body. I also know that he had received violent blows on the body prior to the time of death. It is, therefore, my conclusion that the two bullets which were found in the body in a place which would ordinarily have caused instant death, were deliberately fired into the body after death had taken place.”

“But that couldn’t have been, Doctor,” the district attorney shouted. “Your testimony is against all the evidence. The gun was fired twice, prior to the time the fire started, and after that the gun was accounted for all the time.”

“How do you know it was accounted for all the time?” Dr. Dixon asked.

“It was locked in a desk.”

“And who had the key to that desk?”

The district attorney said, “But that’s an absurd situation, Your Honor. It assumed a weird, bizarre sequence of events for which there is no evidence.”

Merton Ostrander, on his feet, said from his place in the front row of spectators. “Your Honor, I had that key. It did not leave my possession all night. I resent any implication which is being made and demand an opportunity to vindicate myself.”

“Just a minute,” the judge observed, banging his gavel for order. “You’ve already testified, and if the Court wants any more testimony from you, it’ll call you to the witness-stand where you’ll be under oath and we’ll find out what all this is about. I don’t want any comment from the spectators.”

The judge ran his hand over his forehead, then scratched at the back of his head thoughtfully.

Staunton Irvine said, “Your Honor, I think we are all overlooking one very significant factor in the situation. There was present at that house a young woman, Linda Carroll, the niece of Linda Mae Carroll. This young woman was present throughout the entire European trip. It was on the car of this young woman that the concealed heroin was found. This young woman was at the house when the defendant arrived with this automatic weapon and this young woman has now mysteriously vanished. I have tried to serve a subpoena on her and have been unable to locate her. It is in evidence that police have searched for her, and searched in vain. I now believe that my client is entitled to...”

“Don’t you say a word against my niece,” Linda Mae snapped, getting to her feet. “She’s a good girl, she’ll show up when it’s time for her to show up. She isn’t going to have her name dragged through the mud, and what’s more she’s nervous. She...”

The judge banged his gavel furiously. “I’ve repeatedly admonished the spectators,” he said, “not to interject comments.”

“I’m not interjecting a comment,” Linda Mae said. “I’m trying to keep this Court from making a fool of itself.”

Despite the excitement of the spectators and the decorum of the Court, there was a burst of laughter.

The judge pounded with the gavel for a moment, then suddenly smiled, and himself seemed to have some difficulty in refraining from laughing. However, he said, “That will do. Sit down, Miss Carroll. The Court will consider this matter in an orderly way.”

Staunton Irvine said, “Your Honor, I feel that Merton Ostrander’s comments are very definitely in order. While it is true that I am representing the defendant in this action, I have known Merton Ostrander for years and can vouch for...”

“What are you here for?” the judge interrupted.

“Why, Your Honor, I’m trying to see that justice is done.”

“You’re supposed to be representing this defendant,” the judge said.

“I am, Your Honor, but I cannot help but state that I have known Merton Ostrander and can vouch for his integrity.”

“You don’t have to vouch for anyone’s integrity,” the judge said. “You’re supposed to be representing this defendant, and if there’s any explanation for what’s happened that makes him blameless, you’re supposed to call that explanation to the attention of the Court.”

“Even if I know that it is too absurd to be tenable, Your Honor? I too wish to point out the same point which was previously raised, that there was another person present in that house, and...”

Rob Trenton suddenly pushed his chair back, got to his feet. “Your Honor,” he asked, “do I have the privilege of making any comment?”

“Not as long as you have an attorney to represent you.”

“Do I have the privilege of discharging that attorney?”

“You do if you wish,” the judge said.

Trenton turned to the attorney. “You’re discharged,” he said.

“I resent that,” Irvine said. “I’ve consistently endeavored to protect your interests in a way that...”

“Never mind talking about what’s gone before,” Trenton said. “I want to conduct my own defence from now on, and in order to do it I have to discharge you. Therefore, you’re discharged. Do you understand that?”

“I understand it, but I feel that such action, particularly taking place as it does in a public manner, is derogatory to my professional dignity and reputation and...”

“All right,” the judge interrupted, “you’re discharged. Now, young man, you want to say something. What is it?”

Trenton said, “I want to ask Dr. Dixon some more questions.”

“Go right ahead. The Court also has a few questions it would like to have answered. This procedure is probably a little irregular, but we’re going to try and get to the bottom of this thing.”

Trenton said to Dr. Dixon, “Are there any further facts you have, Doctor, which shed any light on what happened?”

Dr. Dixon’s voice was deadly cold in its scientific accuracy. “There are several things. In the first place one wonders why the bullets, exhibits one and two, did not go entirely through the body. They very conveniently remained lodged in the vital organs.

“If you will examine these bullets carefully you will find certain marks upon them which are virtually identical, yet which were not made by the grooves or lands of the barrel of the weapon, exhibit three.

“It seems obvious that these are the marks made by pliers; that the bullets were first extracted from the cartridge cases so that some of the powder charge could be removed, that the bullets were then replaced in these weakened cartridge cases and then fired into the body of the deceased.

“It will be remembered that the fire was out shortly after midnight, that the authorities did not find and inspect the boat until well after daylight.

“I may further state that this morning I recovered a bullet from one of the piles on the little wharf to which the houseboat had been moored. That bullet was apparently a fresh bullet and it had been fired from the automatic which has been introduced in evidence as People’s exhibit number three. I personally examined that bullet and compared it with a test bullet under a comparison microscope, and as a result, I know that it was fired and fired recently from the same weapon.

“The Court will also note that in the event the deceased met his death at some appreciable interval after the fire started, the death was outside of the territorial limitations of this state, because the boat, according to the testimony of witnesses, and according to surveys that I have made very carefully, drifted out into the current and then across the stream where it lodged on a sandbar which is actually outside of this state.”

“Isn’t there a statute providing for joint jurisdiction in crimes which occur within a reasonable distance of state boundary?” the judge asked.

“I’m a doctor, not a lawyer,” Dr. Dixon said.

The district attorney said, “There are several statutes. I don’t know whether they cover this case or not. There is a statute that when a person intending to commit a crime does anything in this state which culminates in the commission of a crime without the state, the effect is the same as though the crime had been committed entirely in this state, and there’s also a statute providing that when an offence is started without the state but is consummated within the boundaries, even though the defendant was out of the state at the time of the commission of that crime, the defendant is liable just as though he were in this state.”

Rob Trenton said, “Well, Your Honor, I’m neither a doctor nor a lawyer, but it seems to me that the conditions mentioned by the district attorney have not been met in this case. If Harvey Richmond was killed by bullets fired before the fire took place, that murder may well have taken place in this state, but if he was killed by fire, even despite the fact there had been a previous blow on the head, it’s a question of where the man was killed.”

“Or whether the fire was set deliberately,” the judge said.

The judge pursed his lips, frowned and once more scratched his head, then suddenly turned to the district attorney and said, “Mr. District Attorney, as I understand it, the Court has the power in this case to bind the defendant over for trial and then, in the event it wishes to do so, release him on bail, or the Court has the power to dismiss the case entirely. Now, as I understand it, if the case is dismissed, that doesn’t constitute any bar to arresting this man all over again in the event there should be other evidence uncovered which connects him with the crime.”

“No,” the district attorney said somewhat dubiously, “I don’t suppose it would be any bar, but of course, there is the moral effect, Your Honor. And murder is not a bailable charge.”

“Also,” the judge pointed out, “there’s another thing you want to take into consideration, Mr. Prosecutor, and that is that if the Court binds this man over on this charge, and then you uncover evidence which points to someone else, the fact that an order was made binding this defendant over is also going to have a moral effect. If I were in your shoes I’d rather just forget about this thing for a while and make a further investigation.”

“Of course, Your Honor,” the district attorney said, “Dr. Beaumont is thoroughly convinced as to the cause of death.”

“Of course he is,” the judge said, “and I’m not saying anything against Dr. Beaumont. He made a post-mortem until he found what he thought was the cause of death, and then he quit looking because he had found what he was looking for — or he thought he had; but if he’d looked a little farther, he’d have found the same things Dr. Dixon did and probably would have reached the same conclusions.

“The thing that the Court wants to point out to all concerned is the fact that if it hadn’t been for Dr. Dixon entering the picture and performing a further investigation which disclosed these peculiar facts, which I take it are uncontroverted, the defendant in this case would have been bound over for murder, would undoubtedly have been convicted of first-degree murder and probably executed. The fact that Dr. Dixon performed a further post-mortem points a lesson that I don’t think we should overlook, not any of us.

“Now then, the Court is going to refuse to bind this defendant over, and as far as the Court is concerned, he is released from custody. The Court feels there’s opportunity for a lot of further investigation in this case; and I think this is the fair way to see that such an investigation is conducted in an unbiased and efficient manner. The defendant is released from custody and the Court is adjourned.”

The judge banged his gavel in a form of finality, effectively shutting off the half-hearted protests of the district attorney.