“I object to that. I object to the statement. I object to the procedure, and I object to the manner in which this offer is made before the jury,” Sampson said. “It is an attempt to cloud the issues. The Court has already ruled that the witness, Drake, has no means of knowing whether the fingerprints which he took are those of Pete Chennery.”
“Do I understand that the Prosecution wishes to keep the Defense from showing the identity of the person who placed that copper coin in the light socket?” Judge Barnes asked.
“I fail to see where it has anything to do with the present case,” Sampson said. “It’s simply going to cloud the issues. Let us suppose that some person did enter the dwelling for the purpose of robbery at some time prior to the murder. That has nothing to do with this case.”
“No,” Judge Barnes said ominously, “but suppose that person entered the dwelling at the time of the murder? ”
“In that event,” Sampson said, “it makes no difference who that person was. There is already evidence before this Court showing that the fingerprints on the copper coin were not the fingerprints of the defendant. That’s all that the defendant is entitled to show... That is, Your Honor, I don’t want to appear in a position of blocking any legitimate proof, but from a technical standpoint, the defendant is only entitled to prove that she did not participate in the commission of a robbery or in short-circuiting those lights. Having once established that fact, the identity of the person who did tamper with the lights becomes absolutely incompetent, irrelevant and immaterial, unless it is shown that such person was acting in a conspiracy with the defendant. And the Prosecution makes no claim that such is the case.”
Mason threw up his hands. “All right. If the Prosecution doesn’t want the jury to know who killed Austin Cullens, I’m not going to waste my time trying to do their work. The question is withdrawn. The witness is excused.”
Sampson said, “That’s unfair. You’re just trying to razzle-dazzle the jury.”
Mason shouted, “You’re the one who’s...”
Judge Barnes banged with his gavel. “Gentlemen,” he said, “we will have order in the court. There will be no more such remarks. Mr. Mason, your remark was improper and uncalled for. Mr. Sampson, your accusation as to Mr. Mason’s purpose in asking questions was entirely out of order. The Court would administer a more stem admonition to you, Mr. Sampson, were it not for the fact that Mr. Mason’s remark which called forth your statement, was so obviously improper. The fact remains, gentlemen, that we are going to have no more personalities injected in the case. This is the Court’s last warning.”
Mason sat back and said resignedly, “All right. That’s the defendant’s case.”