Mason said, I just want to ask you a couple of questions, Mr. Campbell. You learned over the telephone from the defendant that your son, Carleton, had given her a shoe box containing a large number of hundred-dollar bills. You learned this Saturday night. Is that right?
I learned nothing of the sort, Campbell said indignantly. She told me that my son had done that. I didnt learn that he had, because he hadnt. She told me a He. I proved it was a lie. I instituted an investigation and found that my son had done nothing of the kind, that he had a shoe box containing a pair of my dress shoes. I know that my son kept some of his own toys or treasures, as he called them, in a shoe box, and I remember that I laughingly told him that we might trade. But I at no time had any shoe box containing any sum of money concealed in my house, and he at no time had any shoe box containing any large sum of money which he gave to the defendant.
However, Mason said, you were afraid to have the boy interrogated on this point so you had him spirited away out of sight where the police couldnt interrogate him, didnt you?
I did nothing of the sort! Campbell shouted. I certainly didnt intend to let you hypnotize my son and brainwash a seven-year-old boy in order to
Now just a moment, just a moment, Hamilton Burger said. There is no need for Mr. Campbell to volunteer any information, although I can appreciate his righteous indignation. However, if the Court please, this cross-examination is ill-advised, improper, calling for matters which are incompetent, irrelevant, and immaterial.
I think it may go to the bias of the witness. Id like to know just what happened there, Judge Elmer said. Theres no reason why the witness cant answer the question. He seems to be taking care of himself all right.
Hamilton Burger sat down.
Campbell said, Thats all I have to say. I certainly didnt intend to have some smart attorney trying to make my son a football in an embezzlement case. I admit that I told Elizabeth Dow, the governess, to take him where he would be undisturbed by persons who wanted to question him and to remain away until I advised her to return.
But how were you going to let her know when it was all right for him to return if you didnt know where they were staying?
I told her to call me up from time to time.
I have no further questions, Mason said.
That concludes our case, Hamilton Burger announced.
I would like to recall Elizabeth Dow for further cross-examination, Mason said.
We object, Your Honor. Counsel is now apparently going on a fishing expedition.
Apparently so, Judge Elmer ruled. Perhaps, Mr. Mason, if you would state the line of cross-examination you wish to pursue, the Court could make a different ruling.
I want to find out where Endicott Campbells seven-year-old son was kept hidden from Saturday evening on, Mason said.
I dont see why, Judge Elmer said.
It may make quite a difference in the case, Mason said.
Judge Elmer shook his head. I think not. The permission to recall Elizabeth Dow is not granted. Now do you have any defense, Mr. Mason?
If the Court please, Mason said, I am going to ask the Court to take a recess until four oclock this afternoon. At that time I will either proceed to put on a defense or I will submit the case without a defense.
Why do you ask for this delay, Mr. Mason? Surely you must be aware, as a veteran trial attorney, that the evidence is so overwhelmingly against your client that there is absolutely no possible showing that the defense could make which would justify the Court making an order releasing the defendant.
This is not a hearing where it is necessary to prove the defendant guilty beyond all reasonable doubt. It is only a hearing for the purpose of determining whether a crime has been committed and if so, if there is reasonable ground to believe that the defendant committed the crime. Those conditions certainly have abundantly been met.
Hamilton Burger, not to be denied an opportunity to make a few remarks, was on his feet. Furthermore, if the Court please, he said, I feel that two murders have been committed rather than one. I feel that this defendant should be shown no consideration. We have here a very revolting situation of a young woman who has betrayed a position of trust and confidence to loot the company which employed her. Then she had the temerity to try to cover her defalcations by ingratiating herself with the principal stockholder of the corporation which employed her. Failing in that, she resorted to murder in order to cover her tracks. We know of one murder she has committed and I think the Court will realize from the evidence that the probabilities are two murders have already been committed.
The defendant is in custody, Mason said. She isnt going to commit any murders while shes in jail. I feel that I am entitled to an hour and a half to work on a theory of the case which I have and which I will state to the Court may well result in clarifying certain issues which need to be clarified. I can give the Court my professional assurance that I have reason to believe that I can uncover evidence of the greatest importance in the next hour and a half.