The Wrong Gun

“Yes, it was.”

“With the initial R carved in the handle?”

“Yes.”

“Timberlaine showed you the initial R?”

“Yes, he did.”

“Pointed it out to you?”

“Yes.”

“Did the gun have the serial number ground off?”

“Yes, it did.”

“He showed you that too?”

“Yes.”

“Pointed out where it had been ground off?”

“Yes.”

“He showed you this gun and said it was a fake gun, that his gun had been stolen and this gun had been left substituted for it?”

“Yes.”

“He didn’t tell you he had purchased this gun?”

Walcott stuck out his chin. “He most certainly did not.”

“He didn’t mention that he had bought the gun himself at a gun shop on July 16th?”

“No, he did not. And I don’t believe he did.”

“But he did show you the gun and tell you he had found it substituted for the real Pistol Pete gun?”

“Yes.”

“And,” Vaulding said casually, “did he tell you any steps he had taken to identify that gun?”

Walcott had relaxed during the latter part of his testimony as he realized the questions he was being asked were simple, the answers to them were already known and didn’t hurt Russ Timberlaine.

Which is why he tripped on this one. He opened his mouth to answer, hesitated, blinked twice, frowned and said, “What do you mean?”

Vaulding smiled. “Exactly what I said. When Timberlaine told you about the substitution of guns, did he mention if he had taken any steps to prove that there had been a substitution of guns? Did he do anything that would help to identify one gun from the other?”

“Oh.”

“Well, Mr. Walcott?”

“He had not marked the guns in any way.”

Vaulding smiled. “I didn’t say he had, Mr. Walcott. I merely asked you if he had taken any steps to keep them straight.”

“Yes, but-well, the question makes no sense. He only had one gun. The gun that had been substituted. The other one was no longer there.”

“I understand, Mr. Walcott.” Vaulding smiled, but his eyes were hard. “Referring to that gun-the one that was there-did Russ Timberlaine state that tests had been performed on that gun for the purpose of identifying it and keeping it straight and separate from the other gun, should it turn up again?”

Donald Walcott took a breath. He looked at the defense table, as if hoping for an objection.

“Witness will answer the question,” Judge Hendrick said.

Walcott looked around helplessly. “Yes, he did,” he blurted.

Vaulding smiled. “Thank you, Mr. Walcott. Russ Timberlaine told you that he had performed a test on the gun?”

“Yes.”

“What kind of a test?”

Walcott took another breath. “He had had test bullets fired through it for the purpose of identification.”

Vaulding smiled again. “He had fired test bullets through this gun?”

“Yes.”

“The substituted gun?”

“Yes.”

“The gun he claims he was wearing at the time of the auction? The gun that was found in his gun belt on his bedside table? The gun, People’s Exhibit Four, that is in evidence here in court and has been identified as the murder weapon?”

“Objection, Your Honor,” Steve said. “Leading and suggestive and assuming facts not in evidence.”

“Overruled,” Judge Hendrick said. “I’ve allowed leading questions, and those facts are in evidence. Witness may answer.”

“Is that the gun you are referring to?” Vaulding asked.

“Yes, it is.”

“Russ Timberlaine stated that he had fired test bullets through this gun?”

“Yes.”

“And had he had those bullets compared to any other bullets?”

“Yes.”

“What bullets?”

“Bullets from the original Pistol Pete Robbins gun.”

“The original gun?”

“That’s right.”

“And where did he get those bullets if the gun had been stolen?”

“He said he’d been target shooting with the gun before it was stolen. He’d dug the bullets out of the target.”

“And he said he’d had those bullets compared and identified?”

“Yes, he had.”

Vaulding smiled. “And who did he have compare and identify them for him?”

Walcott hesitated, then blurted, “Steve Winslow.”

There was a shocked gasp, then murmurs in the courtroom. Judge Hendrick banged the gavel.

Vaulding’s smile grew broader. “Did you say Steve Winslow?”

Judge Hendrick banged the gavel again. “Already asked and answered, Mr. Vaulding. Ask another question.”

“Yes, Your Honor. Mr. Walcott, Mr. Timberlaine told you that he had given the substituted gun and the bullets to Steve Winslow and asked him to fire test bullets through it and to compare and identify the bullets?”

“That’s right.”

“And did Russ Timberlaine say that Steve Winslow had given him back the gun?”

Walcott frowned. “I don’t remember.”

“Well, he must have if he showed it to you.”

“Objection.”

“Sustained.”

“All right. Never mind the gun. Did he say anything about the bullets? Did he say whether Steve Winslow had given him back the test bullets.”

Walcott hesitated, then said, “Yes, he did.”

“He said he had been given back the test bullets?”

“Yes.”

“Where are those bullets now?”

“I don’t know.”

“Did Russ Timberlaine tell you what he did with those bullets?”

“No, he did not.”

“He didn’t tell you where he put them?”

“No.”

“But to the best of your knowledge, those bullets are still in Russ Timberlaine’s possession?”