When they had resumed their positions, Steve Winslow said, “Mr. Burdett, you stated you met Jack Potter several times?”
“That is correct.”
“Tell me, where did those meetings take place?”
“At Russ Timberlaine’s mansion.”
“And all the occasions when you met Jack Potter were at Russ Timberlaine’s mansion?”
“That is correct.”
“Tell me, on the weekend of the murder, did you meet Jack Potter at that time?”
“Absolutely.”
“And in the course of the weekend, did you have occasion to speak to him personally?”
“Yes, I did.”
“And on or before the day of the murder, did you have a conversation with Jack Potter, asking him to tell you what gun Russ Timberlaine intended to bid on in the auction?”
“Objection, Your Honor!”
“Absolutely not!” Burdett snapped angrily.
Judge Hendrick’s gavel smacked down. “That will do,” he growled. He turned to the witness. “Mr. Burdett, you have been warned before. You are now warned again. In the event of an objection, you will wait for the judge’s ruling before answering the question. Is that clear?”
“It’s clear, Your Honor. But I’m not going to sit here and let my reputation be smeared.”
“Your reputation is not on trial here, Mr. Burdett. And I’ll thank you to heed the court’s instructions.”
“Yes, Your Honor,” Burdett mumbled.
“Now then, the objection is sustained. That question and answer may go out. Mr. Winslow, please confine your questions to any specific meetings and not what was discussed in them.”
Steve Winslow smiled. “No further questions, Your Honor.”
When Burdett had been excused from the stand, Vaulding recalled Lieutenant Sanders.
“Lieutenant,” Vaulding said. “Directing your attention once again to the scene of the murder at Russ Timberlaine’s mansion, you arrived at the scene and discovered the body on the floor. The body that we have now identified as Jack Potter. Now then, was there any weapon in sight?”
Lieutenant Sanders hesitated, then smiled. “I think you’d better rephrase that, counselor,” he said. “You’ll recall this was Russ Timberlaine’s gun room.”
The remark produced a laugh in the courtroom.
Vaulding smiled good-naturedly. “Well-said, lieutenant. Then let me ask you this: was there any weapon in particular that you took notice of?”
“Yes, there was.”
“And what would that be?”
“A Colt.45 lying on the floor next to the body.”
“Was there anything in particular you noticed about this Colt.45?”
“Yes. There was the initial R carved in the handle.”
“That was readily apparent?”
“Yes. That side of the handle was facing up.”
“Did you notice anything else in particular about this gun?”
“Yes, I did.”
“What was that?”
“The serial number had been filed off.”
“The serial number?”
“That’s right.”
“How had that been done?”
“Someone had taken a file or other rough grinding implement and ground the number off the gun.”
“The serial number was metal then?”
“Yes. The serial number was stamped in metal on the underside of the gun, just back of the trigger guard, between the cylinder and the handle.”
“And the serial number had been ground off?”
“That is correct.”
“Is that the only serial number on the gun?”
“Yes, it is.”
“Lieutenant, would you know this gun if you saw it again?”
“Yes, I would.”
“How, if the serial number has been ground off?”
“I scratched my initials on the underside of the handle.”
Vaulding nodded. He took a gun, had it marked for identification, and handed it to Lieutenant Sanders. “Lieutenant, I hand you a gun marked for identification People’s Exhibit Number Three and ask you if you recognize it.”
“Yes, sir,” Lieutenant Sanders said. “This is the gun I described. The one I found on the floor of Russ Timberlaine’s gun room, next to the body of Jack Potter.”
“There is no question in your mind?”
“None whatsoever.”
“This is the gun you found that evening and scratched your initials on?”
“That’s right.”
“Did you take possession of that gun at that time?”
“Yes, I did.”
“Then let me ask you this: did you take possession of any other gun on that particular evening?”
“Yes, I did.”
“Can you tell us how that happened?”
“I showed this gun-the one we’ve just identified-to Russ Timberlaine and asked him if it was his gun, and, more specifically, if it was the gun he’d been seen wearing that day.”
“You asked this of the defendant, Russ Timberlaine?”
“Yes, I did.”
“Let me ask you this: was Mr. Timberlaine’s attorney present?”
“Yes, he was.”
“I am referring to Mr. Steve Winslow, the attorney for the defense-you say he was present at the time?”
“Yes, he was.”
“And was Russ Timberlaine advised that he did not have to answer your questions?”
“Yes, he was. I gave him that advice, and his attorney gave him that advice.”
“Despite that, he answered your questions?”
“Yes, he did.”
“And what did he say at the time?”
“He said-referring to this gun-People’s Exhibit Three, is it? — he kept saying it’s the wrong gun.”
“The wrong gun?”
“Yes.”
“Did he tell you what he meant by that?”
“Yes, he did. He stated that this was not the gun he was seen wearing at the time of the auction.”
“I see. And what did you do then?”
“I said if this was not the gun he’d been seen wearing at the auction, would he please produce that gun.”
“What did the defendant do then?
“He led me upstairs to his bedroom and proceeded to point out a gun.”
“Where was this gun?”
“In his holster on an end table next to his bed.”
“The defendant pointed this gun out to you?”
