When Flanders had finished with the last of the preliminary witnesses he made a bold stroke.
Call Endicott Campbell to the stand, he said.
Endicott Campbell came forward, was sworn, gave his name, residence, and his occupation as the General Manager of the Corning Mining, Smelting & Investment Company.
Did you know Kenneth Lowry, the decedent? Flanders asked.
I had met him briefly shortly before his death.
Were you familiar with the company, which to save time, we shall call the Mojave Monarch Mining Company?
In a general way.
What do you mean by that answer?
The company of which I am manager sent remittances to the Mojave Monarch Mining Company for the purpose of underwriting operations.
Do you know how much money had been sent this subsidiary during the last year?
Yes, sir.
How much?
Two hundred and seven thousand, five hundred and thirty-six dollars and eighty-five cents.
That is reflected on the books of the Corning Mining, Smelting & Investment Company?
It is.
Was there some unusual development in connection with this Corning Mining, Smelting & Investment Company, which to save time I will refer to as the Corning Company?
There was.
What?
Amelia Corning, the owner of some ninety per cent of the stock in the company, who has lived in South America for some years, was corning to this city for a personal inspection of the affairs of the company and the subsidiary companies.
Youre acquainted with the defendant?
Yes.
She was in your employ?
Thats right.
For how long?
For a period of something over eighteen months.
What was her capacity?
She was employed as my assistant. She was more than a secretary. She cooperated with me in running the affairs of the company
Calling your attention to Saturday, the third of this month, did you have a conversation with the defendant?
I most certainly did.
Where did that conversation take place?
Over the telephone.
Are you familiar with the voice of the defendant so that you can be sure it was the defendant who was talking?
Yes, sir.
What was the nature of the conversation? What did she say?
She told me that Miss Corning, who was not due until Monday, the fifth, had actually arrived unexpectedly on the third; that she had been trying to get hold of me and
Now wait a minute. You say that she had been trying to get hold of you. Do you mean Miss Corning or the defendant?
The defendant said that she, the defendant, had been trying to get hold of me but had been unable to reach me.
What else did she state?
She stated that my son, Carleton, aged seven, had been at the office with his governess, Elizabeth Dow, and had shown her a shoe box which he had claimed belonged to me; that she had inspected the contents of this shoe box and found that it was apparently filled with one-hundred-dollar bills, representing a large sum of money; that she had placed this shoe box in the safe without counting the money.
What else?
She further went on to tell me that Miss Corning had had her come to the airport and then she had taken Miss Corning to the hotel, following which Miss Corning had gone to the office and had spent some considerable time there going over the records and had actually removed some of the records from the office.
All this was on Saturday, the third?
Yes, sir.
Now, did you subsequently ascertain whether or not this was true?
I ascertained that at least in part it was not true.
What did you ascertain was not true?
My son did not give her any box or any other receptacle containing any money, and Miss Corning was not at the office. A woman who claimed to be Miss Corning did register at the hotel and the defendant did conspire with this woman to turn over to her
Just a moment, Mason interrupted, I object to the word conspire as being a conclusion of the witness and ask that it may be stricken.
It will go out, Judge Elmer said. Just relate the conversation and what happened as you know it.
Well, Campbell said, I, of course, made arrangements to get in touch with the defendant immediately and to get in touch with this Miss Corning. The person who was posing as Miss Corning promptly disappeared, the defendant showed up with Mr. Mason as her attorney and there was, I may say, a complete lack of cooperation as far as giving me any further information about the shoe box or container whatever it was that held a large sum of money.
Now then, shortly prior to this time, had you been in touch with Ken Lowry, the decedent?
I had, and I also got in touch with him again immediately after this incident.
What did you do?
I drove to Mojave.
And interviewed Mr. Lowry?
Yes.
This, then, was the second time you had met him personally?
Yes. The first time was around noon on Saturday, the third. The second time was nearly one oclock in the morning on the fourth. That second conference lasted for about an hour.
Yes. The first time was around noon on Saturday, the third. The second time was nearly one oclock in the morning on the fourth. That second conference lasted for about an hour.
Was there some reason for not having met him prior to the third?
I had been instructed to concentrate on the real-estate end of the Corning Companys activities and not to bother myself with the Mojave mine. I had been particularly instructed to leave this company entirely in the hands of Mr. Lowry.