“No; not until they were getting into the car. I was at this time standing just around the corner of the house, and so could not see the porch.”
“Could you distinguish what they were saying?”
“Not at first; they were both speaking together, and it was very confusing. It wasn’t until they appeared again in the circle of the automobile lights that I actually distinguished anything more than a few fragmentary words. Mr. Bellamy had his hand on Mrs. Ives’s wrist and he was saying——”
Mr. Farr was on his feet, but much of the tiger had gone out of his spring. “Does the Court hold that what this witness claims that he heard one person say to another person is admissible evidence?”
“Of course it is admissible evidence!” Lambert’s voice was frantic with anxiety. “Words spoken on the scene of the crime, within a few minutes of the crime——What about the rule of res gestæ?”
Mr. Farr made an unpleasant little noise. “A few minutes? That’s what you call three quarters of an hour? When ejaculations made within two minutes have been ruled out after res gestæ has been invoked?”
“It has been interpreted to admit whole sentences at a much——”
“Gentlemen”—Judge Carver’s gavel fell with an imperious crash—“you will be good enough to address the Court. Am I correct in understanding that what you desire is a ruling on the admissibility of this evidence, Mr. Farr?”
“That is all that I have requested, Your Honour.”
“Very well. In view of the gravity of this situation and the very unusual character of the testimony, the Court desires to show as great a latitude as possible in respect to this evidence. It therefore rules that it may be admitted. Is there any objection?”