Judge Romley said, “Under the circumstances, I am quite certain there will be no objection to a brief continuance, Mr. Mason?”
Mason said, “I will not object to a continuance on only one condition, your Honor. The deputy district attorney has accused me of concealing witnesses. However, I have reason to believe that the deputy district attorney may have in custody a witness who has heretofore been subpoenaed by me as a witness for the Defense. I refer to an Evelyn Whiting, who acted as nurse for Roger Cartman.”
Judge Romley glanced at Scudder. “Do you have such a witness in custody?” he asked.
Scudder was visibly embarrassed.
“Why, your Honor,” he said, “I have been searching for Miss Whiting. She was apprehended by officers something over an hour ago. She is in my office. I have been interrogating her, but so far have had little success. I had no idea that she was a witness for Mr. Mason.”
“You will find that she has been regularly served with a subpoena,” Mason said, “and a return of service has been made and is on file with the clerk of this court. Under the circumstances, I demand an opportunity to examine her before this case is continued.”
“Is there any objection?” Judge Romley asked Scudder.
“Why, no, your Honor. I can only repeat I had no idea this woman was a witness.”
“How long will it take to get her here?” Judge Romley asked.
“Just a moment or two. She is at present held in the witness room. I think the bailiff can bring her here almost at once.”