examination.'
'I think under the circumstances that places an undue restriction upon the cross-examination,' Judge Talent said.
Leland remained standing. 'If the Court please, I don't want to argue with Your Honor, but this is a very vital matter. It is possible to confuse the issues if the door is opened on cross-examination to a lot of collateral matters. This is only a preliminary hearing. I only need to show that a crime was committed and that there is reasonable ground to connect the defendant with the commission of that crime. That is the only purpose of this hearing and that's all I need to show.'
Judge Talent turned to Mason. 'Would you like to be heard on this, Counselor?'
'I would,' Mason said. 'It is my contention that the testimony of this witness is valueless without his notes. I propose to show that his notes are inaccurate and then I am going to move to strike out his entire evidence.'
'You aren't trying at this time, by cross-examining him about other persons who entered the unit, to do anything other than question the validity of his notes?'
'That is the primary purpose of my examination.'
'Objection overruled,' Judge Talent said. 'You may certainly examine him on his notes.'
'Answer the question,' Mason said.
'My notes show that a man entered at eight and was out at eight-fifteen; that another man entered at eight- twenty and was out at eight-thirty-five; that a woman entered at eight-thirty-six and was out at eight-forty-five; that a man in dark glasses entered at eight-forty-six and was out at eight-fifty; that the defendant entered at nine and was out at nine-twelve.'
'When was the last time you saw the decedent?' Mason asked.
'When he entered Unit 10.'
'You didn't see him personally come to the door to admit any of these people whom you have mentioned in your notes?'
'No… Now, wait a minute. I did see the decedent go out to the parking lot where my car was parked and look at the registration. That was shortly after we had checked in at the motel, sometime before he had any visitors.'
'I'm not asking about that at this time,' Mason said, 'I notice that your notes show nothing after nine- twelve.'
'That's when the defendant went out.'
'And your notes show nothing else?'
'That was when I quit taking notes.'
'Why did you quit taking notes? Did you know the man was dead?' Mason asked.
'Oh, Your Honor, I object to that,' Leland said. 'That question is absurd.'
'There must have been some reason the man stopped taking notes,' Judge Talent said. 'I think counsel is entitled to cross-examine him about his notes. The objection is overruled.'
'Well, I quit taking notes when the defendant left because..
'Because what?' Mason asked.
'Because you and my boss were there personally and you could see for yourself what went on.'
'Oh, I see,' Mason said. 'Then you quit taking notes when I came to the cabin. Is that right?'
'Yes.'
'And you want us to understand that your notes are accurate up to that time?'
'Yes.'
'But,' Mason said, 'your notes don't show the arrival of the police officers. Your notes don't show the arrival of the ambulance.'
'Well, I told you about them.'
'But you didn't know we were going to come.'
'I expected you.'
'So you quit taking notes when you expected we would come.'
'Well, I didn't think it was necessary to take notes on those. That wasn't why I was shadowing the man.'
'And,' Mason said, 'your notes don't show the time the manager of the motel entered that unit, how long she was in there, or when she came out.'
'Well, she just looked in and out and I didn't think that was important.'
'Oh,' Mason said, 'you want us then to understand that your notes only show the matters that you considered important. In other words, if anyone entered the unit and you didn't think that person was important, it doesn't show in your notes.'
'Well, I- All right,' Dillard blurted, 'I overlooked a bit there. I didn't put down the time the manager came in.'
'Or the time she went out?'
'She came in and went out all at the same time.'
'Came and went in the same instant?' Mason asked, feigning incredulity.
'Well, you know what I mean. She went in and-she was only in there a second and then she came running out.'
'There was a teiphone in the unit which you occupied?'
'Yes.'
'And you mentioned that you had a boss there in Riverside?'
'A man who was above me in the organization for which I am working, yes.'
'You are referring to Sidney Nye?'
'Yes.'
'And you called Sidney Nye?'
'Yes.'
'When?'
'Right after the manager of the motel came running out. I figured there was something wrong.'
'Let's see if I can understand the floor plan of the room which you occupied. There was a bed in that room?'
'Yes.'
'A chair?'
'Yes.'
'There was a window looking out on the parking place, and by sitting at that window you could look across and see the entrance to Unit to?'
'Yes.'
'And there was a telephone?'
'Yes.'
'Where was the telephone?'
'By the bed.'
'Now, after you saw the manager come running out, you went to the telephone and called a report in to Sid Nye, didn't you?'
'Well, I didn't report but I gave him the signal something was wrong.'
'And what did you say?'
'I got him on the phone and said, 'Hey Rube.'
'You had previously worked in a circus?'
'Yes.'
'And 'Hey Rube' is a rallying cry for the circus people to unite in a fight against the outsiders?'
'Something to that effect, yes.'
'Did you have any trouble in getting Sid Nye?'
'No, he answered the phone as soon as it rang.'
'I asked you,' Mason said, 'if you had any trouble in getting Sid Nye.'
'Well, yes. The manager, of course, was busy notifying the police and-'
'You don't know what the manager was doing,' Mason said. 'You couldn't see her, could you?'
