“
“I’m sorry that we can’t accommodate you,” Sergeant Dorset said sarcastically, “but it happens that in this particular case the fingerprints were all over the bathroom of a dwelling house which was in use. We were hardly in a position to dispossess the tenants, and keep all fingerprints intact. We used the lifting method, which I believe is infinitely preferable to the other where the circumstances justify it.”
“What circumstances justify it?” Mason asked.
“Circumstances such as these, where you are dealing with objects that can’t readily be brought into court.”
“Now what means did you use to identify the places from which the fingerprints had been taken?”
“I didn’t use any, personally. That is entirely within the province of Mr. Corning, and you will have to ask him those questions. I believe, however, he prepared envelopes on which the exact location from which each print had been lifted were printed and kept the prints straight by that method.”
“I see. Now, did you have occasion that night to look into the other side of the duplex house — the side which was, I believe, utilized as an office for the real estate corporation of Faulkner and Carson?”
“Not that night, no.”
“You did the next morning?”
“I did.”
“What did you find?”
“An oblong glass tank, which had been apparently used as an aquarium or fish tank, had been drained of water, apparently by means of a section of long, flexible rubber tubing of an inside diameter of approximately one-half inch. The glass tank had then been turned over on its side and the mud and gravel in the bottom of the tank had been dumped out on the floor of the office.”
“Did you make any attempt to get fingerprints from that tank?”
“No, sir. I didn’t take any fingerprints from the glass tank.”
“Did you try to take any?”
“I didn’t personally, no, sir.”
“Did you suggest that anyone else do so?”
“No, sir.”
“As far as you know, none of the police made any attempt to develop fingerprints from that tank?”
“No, sir.”
“May I ask why?”
“For the simple reason that I didn’t consider the overturned tank had any connection whatever with the murder of Harrington Faulkner.”
“It may have?”
“I don’t see how it could have.”
“It is quite conceivable that the same person who murdered Harrington Faulkner might have drained that tank and overturned it?”
“I don’t think so.”
“In other words, because you, yourself, personally, didn’t see how there could have been any connection between the two crimes, you let this evidence be destroyed?”
“I’ll put it this way, Mr. Mason. In my capacity as an officer on the police force, it is necessary for me to make certain decisions. I take the responsibility for those decisions. Obviously, we can’t go around fingerprinting everything. We have to stop somewhere.”
“And this was your stopping place?”
“That’s right.”
“You usually take fingerprints in case of a burglary, don’t you?”
“Yes, sir.”
“Yet you didn’t in connection with this one?”
“It wasn’t a burglary.”
Mason raised his eyebrows.
“Nothing was taken.”
“How do you know?”
“Nothing was missing.”
“How do you know?”
“I know,” Dorset said angrily, “because no one made any complaint that anything was missing.”
“The tank had been installed there by Harrington Faulkner?”
“So I understand.”
“Therefore,” Mason said, “the only person who could have made any complaint was dead.”
“I don’t consider anything was taken.”
“You made an examination of the contents of the tank before it was upset?”
“No.”
“Then, when you say you don’t consider anything was taken, you’re using a telepathic, intuitive...”
“I’m using my judgment,” Dorset all but shouted.
Judge Summerville said placidly, “Is this overturned fish tank important, gentlemen? In other words, does the prosecution or the defense intend to connect it up?”
“The prosecution doesn’t,” Medford said promptly.
“The defense hopes to,” Mason said.
“Well,” Judge Summerville ruled, “I’ll permit a very wide latitude so far as questions are concerned.”
“We are not making any objection,” Medford hastened to assure the judge. “We want to give the defendant every opportunity to establish any facts which may tend to clarify the case.”
“When you entered the bathroom of Faulkner’s house,” Mason asked, “you found some goldfish in the bathtub, Sergeant?”
“I did, yes.”
“Two goldfish?”
“Two goldfish.”
“What was done with them?”
“We took them out of the tub.”
“Then what was done with them?”
“There seemed to be no place where we could keep them, so we simply swept them out with the other goldfish.”
“By the other goldfish, you mean the ones on the floor?”
“That’s right.”
“You didn’t make any attempt to identify the two goldfish that were in the bathtub?”
“I didn’t ask them their names,” Sergeant Dorset said sarcastically.