The Wrong Gun

38

Judge Hendrick looked around the crowded courtroom, pursed his lips, cocked his head and said dryly, “Yesterday I began by remarking on the media coverage.”

That produced a roar of laughter from the spectators in the courtroom, who could not have missed the barrage of headlines such as, PISTOL PETE: TIMBERLAINE TALKS and PISTOL PETE: ANOTHER GUN, which assaulted their eyes on their way into the courthouse.

When the laughter had subsided, Judge Hendrick held up his hand. “Yes, I know, Mr. Vaulding. This is not of your doing. Let’s press on. This is the time Mr. Manning was to have returned to court having made a comparison of the two test bullets. Is he here?”

“Yes, Your Honor,” Vaulding said.

“I assume he has made the comparison?”

“Yes, he has.”

“That’s good. Though recent matters would seem to have rendered the matter moot. Now, with regard to the other bullets. Mr. Winslow?”

“Yes, Your Honor.”

“Yesterday you were ordered to produce the test bullets referred to in the testimony of the witness, Donald Walcott. Do you have those bullets with you?”

“Yes, Your Honor.”

“Produce them please.”

Steve Winslow opened his briefcase and took out the two test tubes. “Here, Your Honor.”

Judge Hendrick motioned to a court officer to bring them to him. He picked them up, said, “Let the record show in response to my order the defense has produced two sealed tubes, each containing a single bullet. One is marked RT-ORIG, the other, RT-SUB.” He handed them back to the officer to give to the court reporter. “Let’s have these marked for identification as People’s Exhibits-what are we up to?”

“Five, Your Honor,” the court reporter said.

“O.K. Mark them People’s Exhibits Five-A and Five-B.” Judge Hendrick turned back to Steve Winslow. “Now then, as you, I, and everyone else in this courthouse-with the exception of the jurors, who have been instructed not to read the papers-are aware, last night Mr. Timberlaine made a statement. I understand as a result of that statement a subpoena duces tecum was served on the defense, asking them to produce a certain gun. Mr. Winslow, have you complied with that subpoena?”

“Yes, Your Honor.”

“Do you have that gun in court?”

“Yes, I do.”

“Produce it, please.”

Steve Winslow reached into his briefcase and pulled out a gun.

“Fine,” Judge Hendrick said. “Let’s have the gun marked People’s Exhibit Six.”

When that had been done, Judge Hendrick said, “Fine. At this point the court is going to make another order. The court intends to keep this evidence straight, and the court intends to see that this evidence is presented in an orderly manner. Or as orderly as possible, considering the dramatic and unexpected developments in this trial. Above all, I intend to see that this evidence is preserved. Is Mr. Manning in the courtroom?”

“Here, Your Honor,” Manning said.

“Mr. Manning, we were to have had your testimony today regarding the two bullets the defense asked you to compare. In light of this new evidence, that can wait. I am therefore asking you to return one more time, tomorrow morning at ten o’clock, and to bring with you at that time the evidence you were to have given today.”

“Yes, Your Honor.”

“I also direct you to take this new evidence, People’s Exhibits Five-A and — B and People’s Exhibit Six, consisting of two bullets and one gun, and test them and compare them in every way possible to all of the ballistics exhibits present now in court.”

“Very well, Your Honor.”

“We will hear your testimony on this evidence tomorrow morning at ten o’clock. We will all hear it together. And for the first time. Do I make myself clear?”

Manning frowned. “I beg your pardon, Your Honor?”

“What I mean is, I do not want you communicating your findings to either the defense or the prosecution prior to your appearance tomorrow morning in court.”

“Oh, Your Honor,” Vaulding said.

“Sit down, Mr. Vaulding,” Judge Hendrick said. “Would you want to have Mr. Manning communicate with the defense?”

“Certainly not.”

“Well, what’s good for the goose is good for the gander. We will have this evidence tomorrow morning in court. If I can’t control publicity one way, I’ll control it another.

“And you, Mr. Manning. You will absolutely under no circumstances communicate any of your findings to the press. Have I made myself clear?”

“Yes, Your Honor.”

“Fine. I want a full report on all aspects of the evidence tomorrow morning at ten o’clock. I assume you have test bullets remaining from your original tests, so if you want to get started now, you are free to go. I will send over the actual exhibits as soon as we adjourn.”

Vaulding frowned. “Are your preparing to proceed, Your Honor?”

“I am, Mr. Vaulding. I have no intention of adjourning court prematurely yet another time. I assume you have other witnesses to call?”

“I do, Your Honor. Only I had anticipated Mr. Manning’s testimony would take some time.”

“Well, it didn’t,” Judge Hendrick said dryly. “Are you prepared to proceed?”

Vaulding turned and conferred with a trial deputy, then turned back to the judge. “I have witnesses I can call, Your Honor.”

“Well, line them up. And bring in the jury.”

When the jury had been brought in, Judge Hendrick thanked them for their patience and informed them the testimony they expected to hear from Mr. Manning would be heard at a later time. He then turned back to Vaulding and said, “Call your next witness.”

“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.”

“Tell me, had you ever done this before-bid for Mr. Timberlaine?”

“No.”

“Why do you suppose he asked you this particular time?”

“There were two items in the auction Russ particularly wanted. One was a derringer. Russ said Burdett had seen him examining the derringer and knew he wanted it, and was sure to outbid him for it. He figured he’d lost the derringer, and he wanted to make sure the other gun that he wanted didn’t get away.”

“And you agreed to this deception?”

“Well, I wasn’t particularly happy about it. But Russ Timberlaine is a dear and valued friend. I wasn’t going to turn him down. I wanted to help him.”

“Thank you. No further questions.”

“Any redirect, Mr. Vaulding?”

“No, Your Honor.”

“This witness is excused. Do you have another witness to call?”

“Yes, Your Honor. Call Melvin Burdett.”

When Burdett had taken the stand, Judge Hendrick said, “I remind you that you are still under oath. Proceed, Mr. Vaulding.”

“Mr. Burdett, directing your attention to the auction that took place at Russ Timberlaine’s mansion on the afternoon of the day of the murder-were you present at this auction?”

“Yes, I was.”

“Did you bid on any of the guns?”

“Yes, I did.”

“Among the guns you bid on, do you recall a derringer that you outbid Russ Timberlaine for?”

“Yes, I do.”

“You purchased that gun?”

“Yes, I did.”

“By outbidding Mr. Timberlaine?”

“That’s right.”

“This auction-did it have an intermission?”

“Yes, it did.”

“This derringer you bid on-was that before or after the intermission.”

“I think it was before the intermission.”

“You’re not sure?”

“I think it was, but I couldn’t swear to it.”

“Well, do you recall another gun you bid on-a cavalry piece, which you also purchased that afternoon?”

“Yes, I do.”

“Was that before or after the intermission?”

“That was after.”

“Are you sure?”

“Yes, I’m sure.”

“Do you know if you bid on that gun before or after you bid on the derringer?”

“After.”

“Are you sure?”

“Yes, of course.”

“How can you be sure?”

“Because … I’m just sure.”

Vaulding grinned. “Were you going to say because Russ Timberlaine left right after you bought the gun?”

“Objection.”

“Sustained.”

“Did you notice when Russ Timberlaine left the auction?”

“Yes, I did.”

“When was that?”

“After I bought the gun.”

“The cavalry piece?”

“That’s right.”

“Now, regarding the cavalry piece-when you bought it, who were you bidding against?”

“Hank Crumbly.”

“He was the other principal bidder?”

“That’s right.”

“And you outbid him and bought the gun?”

“That’s right.”

“And it was immediately after that that Russ Timberlaine left the auction?”

“Yes, it was.”.

“You noticed that in particular?”

“Yes, I did.”

“Why did you notice that in particular?”

“Because I wanted to see how he would react to my buying the gun.”

“Why, if you were bidding against Mr. Crumbly?”

“I knew Hank was really bidding for Russ.”

“You knew Mr. Crumbly was bidding for Mr. Timberlaine?”

“Of course I did.”

“How did you know that?”

“It was perfectly obvious.”

“Did anyone tell you Crumbly was bidding for Timberlaine?”

“No.”

“Or suggest to you Crumbly might be bidding for Timberlaine?”

“No. Of course not.”

“What about the decedent, Jack Potter? You already testified to having several conversations with him that weekend. Were any of those conversations about guns?”

“Of course they were. They all were. He was the gun expert. I was naturally asking him the value of guns.”

“But not who was bidding on them?”

Burdett stuck his jaw out. It had been several days since his first appearance in court, and he had obviously made every effort to control himself and prepare a cool and rational answer to that particular question. But his indignation was still quite apparent. “Certainly not,” he said evenly. “That would be unethical.”

“And in order to bid on guns, you wouldn’t do anything unethical.”

Burdett exhaled. “Come on, give me a break. In the first place, I wouldn’t ask. And if I did, Potter wouldn’t tell me. He’s a professional. In fact, if someone was making improper inquiries, the first thing Jack Potter would do would be report it to Russ.”

“Report to Mr. Timberlaine? Why would he do that?”

“Don’t be silly. He was Russ’s expert. Russ hired him.”

“Russ Timberlaine hired Jack Potter?”

“Of course he did.”

“You mean Jack Potter was being paid for being there that weekend?”

“Of course he was. He was working. He was there as the resident expert.”

“So Russ Timberlaine had every reason to expect and demand loyalty, not only as a friend but also as an employer?”

“Objection.”

“Sustained.”

Vaulding, having made his point, smiled at the jury and said, “No further questions.”

Steve Winslow stood up. “I have a few questions, Your Honor. Mr. Burdett, you say Jack Potter didn’t tell you Timberlaine intended to bid on the gun?”

“Of course not.”

“And no one else told you?”

“No, they did not.”

“And yet you said you knew. Not you thought, not you suspected, not you guessed, you knew.”

“That’s right. I knew.”

“How? How did you know?”

“It was obvious.”

“That’s what you said before. It may be obvious to you, but it’s not obvious to me, and it’s probably not obvious to the jurors. Could you please explain what you mean? Why was it obvious? What convinced you that Henry Crumbly was actually bidding on that gun for Russ Timberlaine?”

“O.K.,” Burdett said. “To begin with, I expected Russ to bid on the gun. Even without anybody telling me anything. Just from reading the program description. It was a period piece, it was a collector’s item, it had a history. It was just the type of gun he would naturally want. When Russ didn’t bid on it, I was surprised. Then when Crumbly started bidding, I knew what had happened.”

“How did you know? How could you tell Crumbly wasn’t bidding for himself?”

“It was obvious. First off, it wasn’t Hank’s type of gun. It was a period piece with a history, and Hank and Judy-that’s Hank’s wife, Mrs. Crumbly-they have a more contemporary collection.”

“Second, the price was way out of line. Hank went thirty thousand for the gun. No offense, but the Crumblys don’t have that kind of money. That’s a good twenty-five thousand more than I’ve ever seen the man bid for a gun. It did not take a genius to know the man was bidding for someone else. Since I expected Russ to bid on the gun, and since Hank is friendly with Russ, when I say I knew, trust me, I knew.”

“I see. So when you say you knew, you don’t mean that anyone told you anything? What you mean is you deduced this yourself from your knowledge of the parties involved?”

“Exactly.”

“So basically, you knew Crumbly was bidding for Timberlaine because Timberlaine really wanted the gun?”

“That’s right.”

“And yet you bid against him. Made a point of outbidding him and getting the gun away from him.”

“Yes, of course.”

“Why? Do you hate him that much?”

“Hate him?” Burdett looked shocked. “Don’t be silly. Russ Timberlaine is a gentleman and a collector. I admire and respect him.”

“Then why would you go out of your way to thwart and frustrate him in this matter?”

“Are you kidding me? Competition is what it’s all about. What do you think an auction is? Why do you think people bid? All right, for some people it’s a hobby. For some people it’s a job. But to me it’s sport. It’s a game. And Russ Timberlaine is one of the star players.” Burdett smiled. “It’s a pleasure to play in the same ballpark with him.”