“Not this exactly, of course.”
“Yes, but something similar?”
“Objection.”
“Sustained.”
“Mr. Kessington, to the best of your recollection, what exactly was it Russ Timberlaine said?”
“He said he was afraid someone had stolen his gun to frame him for a crime. He said, ‘What if my gun were found at the scene of a crime? Everybody knows it’s my gun. I’d have a devil of a time proving I didn’t do it.’”
“I see. So when you saw the gun lying next to the body …?”
“I thought of what Russ Timberlaine said, of course. That’s why I immediately thought it was the stolen Pistol Pete gun.”
“I see,” Vaulding said. “Now, tell me. When you first found the body of Jack Potter, who was there?”
“Mr. Winslow and Miss Garvin.”
“As I understand your testimony, she came and got you and brought you to the gun room. When you got back there, who else was there?”
“Just Mr. Winslow.”
“The three of you were alone with the body?”
“That’s right.”
“What happened next?”
“I phoned the police.”
“You did?”
“That’s right.”
“Why you? Why not Mr. Winslow or Miss Garvin?”
“Because it would have been awkward. They didn’t have access to a phone.”
“Could you explain that?”
“Yes. There are very few outside lines in the Timberlaine mansion. There are phones in the rooms, but they are for internal use only. More like an intercom system. There are very few outside lines.”
“Why is that?”
“Mr. Timberlaine used to have a multi-lined system with regular phones in the rooms. But with so many weekend guests it was almost inevitable that people would abuse the privilege. Having people call California was one thing, but we had people calling Europe. Phone bills were astronomical. So the phones were switched over to an in-house system for the rooms, with only a few select outside lines. I, of course, had access to the one in the office, so I placed the call.”
“I see. And that is why you went to call, instead of staying with the body?”
“That’s correct.”
“And while you went to call, did you take any steps to see that the body was left undisturbed?”
“Yes, I did.”
“And what did you do?”
“I left Mr. Winslow and Miss Garvin to watch it.”
“You left them alone with the body while you went to call the police?”
“Yes, I did.”
“When you finished calling the police, what did you do?”
“I went back to the gun room and waited with Mr. Winslow and Miss Garvin for the police to arrive.”
“Mr. Winslow and Miss Garvin were there when you returned?”
“Yes, they were.”
“How long were you gone calling the police?”
“Not long. Maybe five minutes.”
“When you returned from calling the police, did you look at the body and the gun?”
“Yes, I did.”
“Was it just as you had left it?”
“Yes, it was.”
Vaulding picked up one of the exhibits, extended it to the witness. “Mr. Kessington, I hand you a gun marked People’s Exhibit Three and ask you if you have ever seen it before?”
Kessington took the gun and looked it over. “I can’t be sure. It looks like the gun I found next to the body.”
“But you can’t swear to it?”
“No, I cannot.”
“I hand you another gun marked People’s Exhibit Four and ask you if you have seen
“Again, I can’t say. It also looks like the gun I found next to the body.”
“You can’t tell which of these guns that was?”
“No, sir.”
“It could have been either of them?”
“That is right.”
“I am referring to the gun that you found next to the body when you first discovered the body of Jack Potter. You say that could have been either of these two guns?”
“That’s right.”
“Then when you returned from calling the police-the gun that you examined on the floor next to Jack Potter at that time-that could have been either of these two guns?”
“That’s right.”
“You could not say which gun it was?”
“No, I could not.”
“In other words, you can’t tell these guns apart, can you?”
“No, I cannot.”
“It could have been either gun you saw the first time?”
“Yes, it could.”
“And it could have been either gun you saw the second time?”
“Yes, it could.”
“Can you swear it was the
Kessington frowned. “I think it was.”
“But can you swear to it? You say you can’t tell the guns apart. Then how could you tell that the gun that you saw when you first entered the room was the same gun that you saw lying there when you returned from calling the police?”
Kessington frowned again. “Actually, I guess I couldn’t.”
“And you were gone calling the police for how long?”
“About five minutes.”
“Who was present in the gun room when you left to call the police?”
“Mr. Winslow and Miss Garvin.”
“Who was present in the gun room when you returned from calling the police?”
“Mr. Winslow and Miss Garvin.”
“No one else?”
“No one else.”
“And you cannot positively identify the gun you saw lying next to the body when you first entered the room? And you do not know whether or not it was the same gun you saw lying there when you returned from calling the police?”
Kessington took a breath. “That’s right.”
Vaulding smiled. “Thank you. That’s all.”
