“That’s right.”
“I see. And who is Miss Tracy Garvin?”
“She is Mr. Winslow’s confidential secretary.”
Vaulding smiled. “Thank you,” he said. He turned to the judge. “Your Honor, at this point I have a motion that had best be made outside the presence of the jury.”
Judge Hendrick frowned. “Very well. Bailiff, if you would show the jury out.”
The jurors looked at each other as the court officer opened the doors and led them out. There was a low buzz of conversation in the courtroom while this was happening, and Steve was sure he heard his name mentioned.
When the jurors had been led out, Judge Hendrick said, “Yes, Mr. Vaulding, what is your motion?”
“Your Honor,” Vaulding said. “You will note that Lieutenant Sanders has just testified in response to my question that two weekend guests he paid particular attention to were Steve Winslow and Tracy Garvin. Steve Winslow is the attorney for the defense. Tracy Garvin is his confidential secretary. Mr. Winslow and Miss Garvin were guests of Mr. Timberlaine at the time of the murder, and actually happened to be the first ones to discover the body. I have no wish to embarrass Mr. Winslow or Miss Garvin in this manner, or run the risk of tainting these proceedings by having the attorney for the defense testify as a witness for the prosecution. Therefore, I am attempting to avoid calling Mr. Winslow or Miss Garvin. Frankly, I don’t think their testimony is necessary. Nor do I think undue importance should be attached to the fact that they were the ones who found the body. It is not my intention to imply, for instance,” Vaulding said, “that the reason they found the body was because their client told them it was there.”
Steve Winslow sprang to his feet. “Oh, Your Honor!”
“Exactly,” Judge Hendrick snapped. “Mr. Vaulding, you must understand why that remark is extremely objectionable. In fact, with the jury present, that alone could be enough for a mistrial.”
Vaulding smiled. “I’m sorry, Your Honor. I was just pointing out why I don’t feel that their testimony is necessary. But to the point at hand. As it is my stated intention to avoid putting Mr. Winslow and Miss Garvin on the stand, it becomes necessary to refer to their finding of the body in a manner that otherwise might technically be regarded as hearsay.”
Judge Hendrick frowned. “You intend to ask Lieutenant Sanders why in particular he questioned Mr. Winslow and Miss Garvin, and expect him to answer that it was because they were the ones who found the body?”
Vaulding nodded. “Exactly, Your Honor. Which is of course hearsay, because how could Sanders know that except from something they or some third party told him.”
“I see,” Judge Hendrick said. “And what, specifically, is your motion?”
“I am willing to stipulate that Mr. Winslow and Miss Garvin need not be called to testify about finding the body, if Mr. Winslow will stipulate that I may ask questions regarding the finding of the body that might technically be considered hearsay.”
Judge Hendrick turned to Steve Winslow. “Mr. Winslow?”
“Yes, Your Honor.”
“You’ve heard what Mr. Vaulding has in mind. In light of the stipulation that he intends to avoid calling you and Miss Garvin to the stand, are you willing to stipulate that he be allowed the latitude to ask questions that might technically be considered hearsay?”
“No, Your Honor.”
There came a surprised murmur from the spectators in the courtroom. Obviously, all of them had expected Steve to agree.
Apparently, Judge Hendrick had too. He frowned. “You’re not willing, Mr. Winslow?”
“Absolutely not, Your Honor,” Steve said. “I’d be a fine attorney if I stipulated away my client’s rights to avoid embarrassing myself.
“I’ll go this far, however. Mr. Vaulding can ask Lieutenant Sanders whatever questions he wants, and I’ll try not to object unless I feel an answer might tend to violate the rights of my client. But to make a blanket statement that I don’t intend to object-that’s just ludicrous. Frankly, Your Honor, I don’t know what questions he’s going to ask or how the witness is going to answer. And I’m certainly not willing to let Lieutenant Sanders speak for me. If it works out, fine. But as far as being a witness in the case, let me tell you this. If Lieutenant Sanders’s recollection differs from mine, I’ll not only cross-examine him on it, when I start putting on my case, I’ll put myself on the stand to contradict him and try to impeach his testimony.”
Judge Hendrick frowned. “In that event, it might be necessary for you to step down as counsel.”
“I think not, Your Honor,” Steve said. He gestured to a stack of law books on the defense table. “And I have the precedents to back it up.”
“We’ll cross that bridge when we come to it,” Judge Hendrick said. He turned back to Vaulding. “Mr. Vaulding, let’s proceed. While the defense counsel does not wish to make a stipulation, he has assured us he does not intend to object unless he has to. Now let’s proceed on that basis and go as far as we can until we hit an objection. And if we don’t, the matter becomes moot. Bring in the jury.”
When the jurors had been brought in and seated, Vaulding said, “Now then, lieutenant, you stated two of the guests you questioned particularly were Mr. Winslow and Miss Garvin?”
“Yes, sir.”
“And why was that?”
“Because they were the ones who found the body.”
“The first ones to find the body?”
“That is correct.”
“How do you know that?”
“Actually, only by hearsay. I was told that by the officers on duty when I got there. It was later confirmed by Mr. Winslow and Miss Garvin themselves.”
“You questioned them at the scene of the crime?”
“That is correct.”
“Do you know what time they found the body?”
“Only indirectly. From what they told me. And by what I was able to confirm from other sources.”
“What other sources?”
“When they found the body, Mr. Winslow stayed with it and Miss Garvin went to inform the butler, Martin Kessington, who then called the police. I have his statement, as well as the officer who logged the phone call.”
“What time did the call come in?”
Sanders hesitated. “Again, I only know from what I’ve been told.”
Vaulding smiled. “Unless there’s an objection, you can tell us. When was that, lieutenant?”
“Approximately five forty-five.”
“Does that coincide with the time Mr. Winslow and Miss Garvin told you they found the body?”
“Yes, sir, it does.”
“According to your interviews with them, was anyone else present when they found the body?”
“No, sir. They were alone when they found it. Then Miss Garvin went and got Mr. Kessington, and he called the cops.”
“And did they indicate what led them to find the body?”
“Objection,” Steve said.
Judge Hendrick frowned. “Let’s have a sidebar.”
When the attorneys and court reporter had assembled at the sidebar, Judge Hendrick said, “Now, Mr. Winslow, as to your objection. You are objecting to that question as hearsay?”
“No, Your Honor.”
“No?” Judge Hendrick said. “But it does call for hearsay. If you objected on that grounds, I would have to sustain it.”
“I don’t want to object on those grounds, Your Honor.”
Judge Hendrick frowned. “You what?”
“Begging Your Honor’s pardon,” Steve said. “But while I didn’t stipulate, I certainly agreed to let Mr. Vaulding attempt to present this technically hearsay testimony. And I have no wish to renege on it.
