erlestanleygardner.thecaseofthehorrifiedheirs-第5章
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tions。 The motion to strike is denied。
〃Do you have any further cross…examination； Mr。 Mason？〃
〃No； Your Honor。〃
〃Redirect？〃
〃No； Your Honor；〃 Jerry Caswell said。
〃Call your next witness。〃
Caswell said； 〃I call Detective Jack Andrews。
〃What is your name？〃 Caswell asked after Andrews had been sworn。
〃Jackman； J…A…C…K…M…A…N； Andrews。 I am known generally as Jack Andrews； but Jackman is my name。〃
〃Directing your attention to the suitcase which has been marked for identification as People's Exhibit A； when did you first see that suitcase？〃
〃When the defendant pointed it out to the porter who has just testified。〃
〃And what did you do？〃
〃I approached her and asked her if that was her suitcase。〃
〃And then what？〃
〃I asked her if she had any objection to my looking in the suitcase and she said she did not。〃
〃And then what happened？〃
〃I opened the suitcase。〃
〃And what did you find？〃
〃I found fifty packages of…〃
〃Now； just a moment；〃 Mason interrupted。 〃I submit； if the Court please； this particular question has now been asked and fully answered。 The witness said he found fifty packages。 As to the contents of these packages； that is another matter and calls for another question。〃
〃Very well；〃 Caswell said。 〃If counsel wants to do it the hard way； we'll do it the hard way。 Now； did you take those packages into your possession？〃
〃I did。〃
〃And did you take steps to ascertain what those packages were； what the substance consisted of？〃
〃I did。〃
〃And what was the substance？〃
〃Now； just a moment；〃 Mason said。 〃At this point； we interpose an objection on the ground that it is inpetent； irrelevant and immaterial； that no proper foundation has been laid； that the property was taken as the result of an illegal search and seizure； and is inpetent as evidence in this case。
〃In this connection； if the Court please； I desire to ask a few questions。〃
〃Very well； in connection with this objection which has been made； you may take the witness on voir dire。〃
〃Did you have a search warrant？〃 Mason asked the witness。
〃No； sir； there wasn't time to get a search warrant。〃
〃You just went out there？〃
〃I just went out there； but I call your attention to the fact that I asked the defendant if she had any objection to my looking in the suitcase and she said it was all right； to go right ahead。〃
〃Now； just a minute；〃 Mason said。 〃You're relating the substance of the conversation。 You're giving your conclusion as to what the conversation consisted of。 Can you remember your exact words？〃
〃Well； those were virtually my exact words。〃
〃Did you tell her you wanted to search her suitcase？〃
〃Yes。〃
〃Now； just a minute；〃 Mason said。 〃You're under oath。 Did you tell her you wanted to search her suitcase； or did you ask her if she could identify the contents of the suitcase？〃
〃I believe I asked her if it was her suitcase and she said it was； and I asked her if she could describe the contents and she described them。〃
〃And then you asked her if she had any objection to opening the suitcase in order to show you the contents she had described。 Isn't that right？〃
〃Yes； sir。〃
〃But you didn't tell her you wanted to search the suitcase？〃
〃No。〃
〃She gave you no permission to search the suitcase？〃
〃She said it would be all right to open it。〃
〃She gave you no permission to search the suitcase？〃
〃I told her I wanted to open it and she said it would be all right。〃
〃She gave you no permission to search the suitcase？〃
〃Well； I guess the word 'search' wasn't mentioned。〃
〃Exactly；〃 Mason said。 〃Now； you went down to wait for this defendant at the airline terminal in response to a tip； did you not？〃
〃Well 。 。 。 yes。〃
〃Who gave you that tip？〃
〃I'm not in a position to disclose the sources of our information。〃
〃I think under the present rulings of the courts；〃 Mason said； 〃this witness must show that he had reasonable grounds for wanting to search that suitcase； and an anonymous tip； or one from a person he didn't know； wouldn't constitute reasonable grounds of search； therefore； the defendant is entitled to know the reasons for which he wanted to search the suitcase。〃
Judge Albert frowned； turned to the witness。 〃Do you refuse to disclose the name of the person giving you the tip？〃
〃The tip didn't e to me；〃 Andrews said。 〃It came to one of my superiors。 I was told that there had been a hot tip and to go down to the airport； to wait for this party and see if I could get permission to look in the suitcase。 If I couldn't； I was to keep her under surveillance until a warrant could be obtained。〃
Judge Albert said； 〃This is an interesting situation。 Apparently； the defendant did not give anyone permission to 'search' the suitcase but did give her consent to opening the suitcase for the sole purpose of demonstrating the presence of certain articles。 It's a peculiar situation。〃
〃I'll get at it in still another way； if the Court please；〃 Mason said。 〃I want to make the defendant's position plain。 We would like to get this matter cleaned up in this preliminary hearing and not on some technicality。〃
Mason turned to the witness。 〃You took fifty packages out of that suitcase？〃
〃Yes； sir。〃
〃You have them here in court？〃
〃Yes； sir。〃
〃Did you weigh them？〃
〃Weigh them？ No； sir。 We counted the packages and made our inventory that way rather than by weight。〃
〃Now； there was a second bag； an overnight bag？〃
〃Yes； sir。〃
〃Did you ask the defendant to identify that？〃
〃She said it was hers。 She had a claim check for it。〃
〃And did you ask her about the contents？〃
〃No。〃
〃Did you ask her if it would be all right to open it？〃
〃No。〃
〃But you did open it and search it？〃
〃Yes。 However； we found nothing significant in that overnight bag。〃
〃You didn't ask her permission to open that bag？〃
〃I don't believe I did。〃
〃You just went ahead and opened it anyway？〃
〃That was after I'd found this big shipment of…〃
Mason held up his hand。 〃Never mind what it was； at this time；〃 he said。 〃We'll refer to it simply as 'fifty packages。' What did you do with the overnight bag？〃
〃We have it here。〃
〃Now then；〃 Mason said； 〃since you don't know how much the fifty packages weighed； do you know how much the suitcase weighed without the fifty packages？〃
〃I do not。〃
〃Did you know the defendant had paid excess baggage on the suitcases？〃
〃Yes。〃
〃Yet you never weighed them？〃
〃No。〃
〃I suggest； if the Court please； we weigh them now；〃 Mason said。
〃What is the purpose of this offer？〃 Judge Albert inquired。
〃If；〃 Mason said； 〃the scales show that these two bags； at the present time； and without the packages； weigh forty…six pounds； then it is conclusive evidence that someone planted whatever was in that suitcase after it had left the possession of the defendant。〃
〃I think the point is well taken；〃 Judge Albert said。 〃I'm going to take a recess for ten minutes。 The bailiff will have some scales brought into court and we will weigh those two suitcases。〃
〃That doesn't necessarily mean anything；〃 Caswell protested。 〃We only have the defendant's word that they weighed forty…six pounds。 She has been out on bail。 We don't know what has been taken from those suitcases。〃
〃Haven't they been in the custody of the police？〃 Judge Albert asked。
〃Yes； but there would have been no objection to her going to the suitcase to take clothes。〃
〃_Did_ she go to the suitcase and take anything？〃
〃I don't know； Your Honor。〃
〃If you don't know whether she took something out； you don't know whether someone else put something in；〃 Judge Albert snapped。 〃The Court will take a recess of ten minutes and we'll have scales brought in。〃
Mason sauntered out to a telephone booth； called the pressroom at headquarters and said； 〃An interesting demonstration is taking place in court in ten minutes。 Judge Cortland Albert is going to weigh the evidence。〃
〃Doesn't he always weigh the evidence？〃 one of the reporters asked facetiously。
〃Not this way；〃 Mason said。 〃He's going to weigh it with a pair of scales。〃
〃What？〃
〃That's right。 With a pair of scales in ten minutes。 You'd better be up here。 You might get something g
