“Cross-examine,” Sampson said, and braced himself to frame indignant objections should Mason seek to insinuate the witness had, at one time or another, posed as Mrs. Golding. But Mason said quietly, “No questions. No cross-examination at all, Miss Tannis, thank you.”
The Court thereupon took a brief recess, and Mason, surrounded by newspaper reporters, disclaimed any attempt on his part to confuse Sergeant Holcomb. “I just wanted to establish the facts,” he said, “that’s all.”
At the end of the brief recess, Sampson announced tersely that the prosecution would rest its case.
Mason said, “I desire to make a very brief opening statement to the jury.” He arose and walked across the courtroom to stand in front of the mahogany rail which separated the jury box from the courtroom. In a quiet, courteous, almost conversational tone of voice, he said, “Ladies and gentlemen, I am going to ask you to remember that it is not necessary for the defendant to prove herself innocent. She has had neither the time, nor the facilities, to make an investigation which would enable her to establish who actually did murder Austin Cullens. It is encumbent upon the Prosecution to prove beyond a reasonable doubt that she murdered Austin Cullens. In the event the Prosecution fails to do this, the defendant is entitled to an acquittal.”
“Now then, ladies and gentlemen, the entire case of the Prosecution hinges upon the fact that the gun Diggers says he found in Sarah Breel’s handbag, and which we have referred to as the Breel gun, is the one which fired the bullet that killed Austin Cullens. We expect to prove to you that it is a physical impossibility that this gun could have killed Cullens. We expect to prove to you that it is a mathematical certainty that this gun did kill George Trent. And, in the same manner, ladies and gentlemen, we expect to prove to you that the Trent gun killed Austin Cullens.”
Mason turned from the startled faces of the jurors to glance at Larry Sampson. “Will you, Mr. Sampson,” he asked, “stipulate that George Trent was murdered on the Saturday afternoon in question some time between the hours of two o’clock in the evening that the best evidence available by your autopsy surgeon is that he met his death at approximately the hour of five o’clock?”
Sampson hesitated, and was aware that the eyes of the jurors were on him. He knew that he shouldn’t hesitate. His manner should be that of striving to be fair, of asking only for justice. And yet, he sensed a trap. There was a peculiar sickening feeling in the pit of his stomach. After all, Sergeant Holcomb might.
“Because,” Mason went on smoothly, “in the event you do not so stipulate, I will call your own witnesses, one by one, as my witnesses and prove absolutely that George Trent was shot by a thirty-eight caliber revolver at approximately the hour of five o’clock in the afternoon.”
Once more Sampson hesitated. There seemed to be a ringing in his ears, as a confused medley of thoughts crowded his mind, demanding his attention. Suppose Mason should be right... But he couldn’t be right... But could he confuse the issues... Did he dare to stipulate... Suppose he didn’t stipulate... My God, this hesitation was the worst possible trial strategy! It looked as though he had something to conceal. Well, for God’s sake, make up your mind... But did he dare stipulate... “I am waiting for my answer,” Mason said.
Larry Sampson took a deep breath. “I will so stipulate,” he said. “But you understand, Mr. Mason, I am not stipulating anything whatever about these bullets or these guns. The Prosecution stands absolutely on the testimony of Sergeant Holcomb.”