Scudder, noticing the expression on the judge’s face, became instantly suspicious. He said, “It is customary, if the Court please, that the opposing Counsel inspect a photograph before a witness is examined on it.”
“I beg your pardon,” Mason said urbanely, “I did overlook that, didn’t I? It happens, Mr. Scudder, that the photograph I hold in my hand is a life-size photograph of Mr. Donaldson P. Scudder,” and Mason turned so that the photograph was visible to Scudder and to the courtroom.
The bailiff vainly pounded with his gavel, seeking to restore order. Judge Romley fought to keep a smile from his lips, while Scudder, his face red, shouted indignant protests which went unheeded.
When order had been resumed, Scudder shouted. “Your Honor, I object. This is not proper cross-examination. It’s unethical. It takes an unfair advantage of the witness. Counsel distinctly told her that he was showing a life-size photograph of the decedent, Mr. Carl Waker Moar.”
“Counsel told her no such thing,” Mason said.
“I think Mr. Mason is right,” Judge Romley ruled. “I remember particularly that he said, ‘Mr... er... and hesitated, then said, ‘I never can get that name straight.’ Of course it was an attempt to entrap the witness, but, as Counsel has so aptly pointed out, this witness is educated and should be able to take care of herself on cross-examination. Her identification of the photograph has been most positive.”
Mason turned to the witness. “Will you kindly explain, Miss Fell, how it is that you have now testified that it was Mr. Donaldson P Scudder, the deputy district attorney, whom you saw lying lifeless on the deck, whom you saw thrown overboard, whom...”
“You had my glasses,” the witness said acidly. “You lied to me about that photograph, Mr. Mason. I took your word for it.”
Mason, still holding the photograph, said, “But you didn’t have your glasses on the night in question, Miss Fell. Whose word are you taking for what happened then?”
She was silent.