“Yes, he did.”
“And said it was the gun he had been wearing at the time of the auction?”
“That’s right.”
“Lieutenant, can you describe this second weapon?”
“Yes, I can. It was a Colt.45, apparently similar in every way to the one found next to the body.”
“You say in every way?”
“Yes, I do.”
“Does that include the R carved into the handle?”
“Yes, it does. The gun I took from Russ Timberlaine’s gun belt had an R carved in the handle as well.”
“What about the serial number?”
“It had also been ground off.”
“What was the condition of the gun-with regard to being loaded?”
“The gun was fully loaded, with one shot fired. That is, there was one empty shell under the hammer of the gun.”
“I see. And what was the condition of the other gun, the one found next to the body?”
“That gun was also fully loaded with one shot fired.”
Vaulding nodded. “So the guns were identical in this regard also?”
“Yes, they were.”
“And did Mr. Timberlaine make any statement at the time, explaining why there were two identical guns?”
“Yes, sir. He said the gun found next to the body was a valuable gun from his collection-a gun that had once been owned by a Wild West gunslinger named Pistol Pete Robbins. He claimed that the gun had been stolen from his collection, and a fake gun left in its place. He claimed the gun in his gun belt, the gun he had been wearing during the auction, the gun he pointed out on his bedside table, was that substitute gun.”
“I see. And did you take possession of this gun at this time?”
“Yes, I did.”
“What steps did you take to identify this gun?”
“I scratched my initials and the numeral two on the handle.”
“Two?”
“That is correct.”
“To indicate this was the second gun you had recovered?”
“That’s right.”
Vaulding nodded, marked another exhibit for identification and took it over to the witness. “Lieutenant, I hand you a gun marked for identification as People’s Exhibit Number Four and ask you if you’ve seen it before?”
“Yes, I have.”
“What do you recognize it to be?”
“It is the gun I recovered that evening from Russ Timberlaine’s holster.”
“Thank you, lieutenant. No further questions.”
Steve Winslow stood up. “People’s Exhibit Three was found next to the body?”
“That’s right.”
“People’s Exhibit Four was taken from the holster of the gun belt on Russ Timberlaine’s night stand?”
“That’s right.”
“You took possession of both guns on the evening of the murder?”
“Yes, I did.”
“Lieutenant, is there any chance whatsoever that you confused these two guns?” As Lieutenant Sanders started to answer, Steve Winslow held up his hand. “Let me finish. That is to say, that the gun, People’s Exhibit Three is actually the gun from Russ Timberlaine’s holster, and the gun People’s Exhibit Four is actually the gun that you found next to the body? Is there any chance, however slight, that that is the case?”
“Absolutely not,” Lieutenant Sanders said.
“How can you be certain?”
“I told you. Because of my initials, which I marked on the gun.”
Steve Winslow nodded. He walked over to the court reporter’s table, picked up the two guns and looked at them. He set them down, turned back to Lieutenant Sanders.
“Tell me, lieutenant.
“I beg your pardon?”
“When did you do it? Relative to the time you found the guns. When did you mark your initials?”
“I did it there at the scene of the crime.”
“The scene of the crime?”
“That’s right.”
Steve smiled. “But the gun, People’s Exhibit Four, wasn’t found at the scene of the crime. At least, according to your testimony.”
“By the scene of the crime I am referring to the Timberlaine mansion.”
“I see,” Steve said. “Well, that alters the time frame, lieutenant. You were at the Timberlaine mansion most of the night. I’m wondering when you marked your initials on the guns. By your testimony, it could have been as late as six A.M. the morning after the murder.”
“It was not,” Lieutenant Sanders said. “It was early in the evening, shortly after I arrived at the mansion.”
“Shortly after? And how short might that be?”
“Within a reasonable amount of time.”
“Our definitions of reasonable may differ, lieutenant. Let’s be specific. Referring to the gun, People’s Exhibit Three. How soon after you found that gun did you mark your initials on it?”
“I can’t give it to you in minutes.”
“I didn’t think you could, lieutenant. But let’s get at it another way. I notice you marked this gun, L.S. dash one. Is that right?”
“Yes, I did.”
“Well, obviously there would be no need to do that, lieutenant, unless there was an L.S. dash two. Am I correct in assuming you did not mark the gun, People’s Exhibit Three, until after you had found the gun, People’s Exhibit Four?”
Lieutenant Sanders took a breath. “That is correct.”
“Really? And why is that, lieutenant?”
“It was only after the second gun came into the picture that marking the first gun became particularly important. Also, it was not possible to mark the first gun, People’s Exhibit Three, until after the Crime Scene Unit had finished examining it for fingerprints.”
“I see,” Steve said. “So it was after you had taken possession of the second gun that you returned and marked your initials on the first gun. Is that right?”
“Yes, it is.”
“You marked the second gun first?”
“I beg your pardon?”
“Well, lieutenant. It was after you found the second gun that you decided to mark the first. I wonder if before you returned to mark the first gun that the Crime Scene Unit was processing for fingerprints, you first marked the initials L.S. dash two on the second gun that you had recovered?”
“No, I did not.”
“You did not?”
“No.”
“And why is that?”
“For one thing, the second gun had to be processed for fingerprints.”
“I see. So what did you do with it?”
“I placed it in an evidence bag, marked and labeled it and turned it over to the Crime Scene Unit.”
“The same Crime Scene Unit that processed the first gun?”
