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erlestanleygardner.thecaseofthehorrifiedheirs-第6章

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 〃And then you asked her if she had any objection to opening the suitcase in order to show you the contents she had described。 Isn't that right?〃
 〃Yes; sir。〃
 〃But you didn't tell her you wanted to search the suitcase?〃
 〃No。〃
 〃She gave you no permission to search the suitcase?〃
 〃She said it would be all right to open it。〃
 〃She gave you no permission to search the suitcase?〃
 〃I told her I wanted to open it and she said it would be all right。〃
 〃She gave you no permission to search the suitcase?〃
 〃Well; I guess the word 'search' wasn't mentioned。〃
 〃Exactly;〃 Mason said。 〃Now; you went down to wait for this defendant at the airline terminal in response to a tip; did you not?〃
 〃Well 。 。 。 yes。〃
 〃Who gave you that tip?〃
 〃I'm not in a position to disclose the sources of our information。〃
 〃I think under the present rulings of the courts;〃 Mason said; 〃this witness must show that he had reasonable grounds for wanting to search that suitcase; and an anonymous tip; or one from a person he didn't know; wouldn't constitute reasonable grounds of search; therefore; the defendant is entitled to know the reasons for which he wanted to search the suitcase。〃
 Judge Albert frowned; turned to the witness。 〃Do you refuse to disclose the name of the person giving you the tip?〃
 〃The tip didn't e to me;〃 Andrews said。 〃It came to one of my superiors。 I was told that there had been a hot tip and to go down to the airport; to wait for this party and see if I could get permission to look in the suitcase。 If I couldn't; I was to keep her under surveillance until a warrant could be obtained。〃
 Judge Albert said; 〃This is an interesting situation。 Apparently; the defendant did not give anyone permission to 'search' the suitcase but did give her consent to opening the suitcase for the sole purpose of demonstrating the presence of certain articles。 It's a peculiar situation。〃
 〃I'll get at it in still another way; if the Court please;〃 Mason said。 〃I want to make the defendant's position plain。 We would like to get this matter cleaned up in this preliminary hearing and not on some technicality。〃
 Mason turned to the witness。 〃You took fifty packages out of that suitcase?〃
 〃Yes; sir。〃
 〃You have them here in court?〃
 〃Yes; sir。〃
 〃Did you weigh them?〃
 〃Weigh them? No; sir。 We counted the packages and made our inventory that way rather than by weight。〃
 〃Now; there was a second bag; an overnight bag?〃
 〃Yes; sir。〃
 〃Did you ask the defendant to identify that?〃
 〃She said it was hers。 She had a claim check for it。〃
 〃And did you ask her about the contents?〃
 〃No。〃
 〃Did you ask her if it would be all right to open it?〃
 〃No。〃
 〃But you did open it and search it?〃
 〃Yes。 However; we found nothing significant in that overnight bag。〃
 〃You didn't ask her permission to open that bag?〃
 〃I don't believe I did。〃
 〃You just went ahead and opened it anyway?〃
 〃That was after I'd found this big shipment of…〃
 Mason held up his hand。 〃Never mind what it was; at this time;〃 he said。 〃We'll refer to it simply as 'fifty packages。' What did you do with the overnight bag?〃
 〃We have it here。〃
 〃Now then;〃 Mason said; 〃since you don't know how much the fifty packages weighed; do you know how much the suitcase weighed without the fifty packages?〃
 〃I do not。〃
 〃Did you know the defendant had paid excess baggage on the suitcases?〃
 〃Yes。〃
 〃Yet you never weighed them?〃
 〃No。〃
 〃I suggest; if the Court please; we weigh them now;〃 Mason said。
 〃What is the purpose of this offer?〃 Judge Albert inquired。
 〃If;〃 Mason said; 〃the scales show that these two bags; at the present time; and without the packages; weigh forty…six pounds; then it is conclusive evidence that someone planted whatever was in that suitcase after it had left the possession of the defendant。〃
 〃I think the point is well taken;〃 Judge Albert said。 〃I'm going to take a recess for ten minutes。 The bailiff will have some scales brought into court and we will weigh those two suitcases。〃
 〃That doesn't necessarily mean anything;〃 Caswell protested。 〃We only have the defendant's word that they weighed forty…six pounds。 She has been out on bail。 We don't know what has been taken from those suitcases。〃
 〃Haven't they been in the custody of the police?〃 Judge Albert asked。
 〃Yes; but there would have been no objection to her going to the suitcase to take clothes。〃
 〃_Did_ she go to the suitcase and take anything?〃
 〃I don't know; Your Honor。〃
 〃If you don't know whether she took something out; you don't know whether someone else put something in;〃 Judge Albert snapped。 〃The Court will take a recess of ten minutes and we'll have scales brought in。〃
 Mason sauntered out to a telephone booth; called the pressroom at headquarters and said; 〃An interesting demonstration is taking place in court in ten minutes。 Judge Cortland Albert is going to weigh the evidence。〃
 〃Doesn't he always weigh the evidence?〃 one of the reporters asked facetiously。
 〃Not this way;〃 Mason said。 〃He's going to weigh it with a pair of scales。〃
 〃What?〃
 〃That's right。 With a pair of scales in ten minutes。 You'd better be up here。 You might get something good。〃
 〃What department?〃 the reporter asked。
 Mason told him。
 〃We'll be up;〃 the man said。 〃Hold it off a little if you can。〃
 〃I can't;〃 Mason told him。 〃As soon as the judge gets the scales in; he's going to reconvene court。 He thinks he can do it within ten minutes and I think he can; too。 The bailiff is getting the scales。〃
 Mason hung up。
 
 CHAPTER SIX
 Mason; standing beside Virginia Baxter; said; 〃I'm gambling everything on the fact that you're telling the truth。 If you're lying; you're going to get hurt。〃
 〃I'm not lying; Mr。 Mason。〃
 Mason said; 〃Ordinarily; at the time of arrest; there would be a dramatic picture on the front page showing an ex…legal secretary smuggling dope。 Dismissal of the charges at a preliminary hearing would rate about five or six lines buried somewhere in the inner pages of the paper。
 〃What I'm trying to do is to make this thing so dramatic that it will be a big story in itself。 If you're telling the truth; we'll vindicate your name in such a way that everyone who read the original article and remembered it will read this one and remember that you were acquitted of the charge。
 〃But if you're lying; this test is going to crucify you。〃
 〃Mr。 Mason; I'm telling you the absolute truth。 Why in the world would I want to peddle dope; or get mixed up in it in any way?〃
 Mason grinned and said; 〃I don't ask myself all those questions usually; I just say; 'This girl is my client and; as such; she has to be right。 At least; I'm going to act on that assumption。'〃
 The bailiff and two deputies appeared trundling a platform scale; taken from the jail building and used to weigh prisoners at the time they were booked。
 The bailiff vanished into Judge Albert's chambers to report。
 The swinging doors of the courtroom were pushed open as half a dozen reporters acpanied by photographers entered the courtroom。
 One of the reporters approached Mason。 〃Would you and your client pose by the scales?〃 he asked。
 〃I won't;
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