The Case of the Queenly Contestant

“Now, just a minute — just a minute!” Dillon said. “If the Court pleases, I want to object to this on the ground that it is not proper cross-examination. I haven’t as yet gone into the question of the make or the caliber of the gun which inflicted the fatal wound or the whereabouts of the fatal bullet. I have been stopped by Counsel’s objections. Therefore, defense Counsel has no right to cross-examine the witness on these points.”

“Well, if you want to be technical about it, I presume the Court will have to rule with you,” Judge Elwell said. “The objection is sustained.”

“Very well,” Mason said, “that’s all at this time.”

Dillon said, “I will call Dr. Leland Clinton as my next witness.”

Dr. Clinton — a tall, efficient-appearing individual with an air of icy composure — took the witness stand; gave his name, address and occupation; recited his professional qualifications in response to questions laying the foundation to qualify him as an expert; and was then asked if he had performed the autopsy on the body of Agnes Burlington.

“I did. Yes, sir.”

“Now, then, Doctor,” Dillon said, “I don’t want technical terms; I want to know generally the cause of death.”

“The cause of death,” Dr. Clinton said, “was a gunshot wound. A bullet entered the back to the right of the median line, penetrated the very top of the right kidney ranging upward, penetrated the heart, and emerged from the left side of the upper chest. I can, of course, give you the course of the bullet anatomically with—”

“Not at this time, Doctor,” Dillon said. “I don’t care to clutter up the record with a lot of technical terminology unless the defendant should ask for it. The wound inflicted by this bullet, as you have described it, was sufficient to cause death?”

“Yes.”

“Within what length of time?”

“Death was practically instantaneous — a matter of perhaps two or three seconds.”

“Could the decedent have moved after having sustained this wound?”

“Very briefly perhaps, but I doubt if the decedent could have engaged in many physical activities. From a physical standpoint, death was practically instantaneous.”

“Now, then, the course of the bullet was ranging upward.”

“That is right.”

“So the weapon from which the bullet was fired must have been held at a low angle. If the decedent was standing at the time, the murder weapon must have been pressed close to the body at about the level of the waist or a little lower.”

“Yes, sir.”

“You may cross-examine,” Dillon said.

“Were there any powder bums on the body of the decedent at the wound of entrance?” Mason asked.

“No.”

“Then the weapon couldn’t have been held close to the body of the decedent.”

“I didn’t say that it had been.”

“Pardon me,” Mason said. “I thought you said in response to a question by the prosecutor that if the body had been in a standing position, the weapon must have been held at about the level of the waist.”

“That is correct,” Dr. Clinton said. “I am assuming, in answering that question, that it relates only to conditions if the decedent had been standing.”

“But if she had been standing, there would have been powder burns?”

“We would have reasonably expected powder burns — depending somewhat on the distance of the murder weapon from the body of the decedent. The murderer could, for instance, have held the weapon at the level of the floor, and there would have been no powder burns. But ordinarily, if the decedent had been in a standing position, there should have been powder burns — that is, we would have expected to find them.”

“Then your assumption is that the decedent was not in a standing position at the time of her death?”

“It is possible, yes.”

“And what could have been her position?”

“Once we eliminate the question of a standing position, she could have been in any position. She could have been on all fours, she could have been lying on the floor, or she could have been lying in bed.”

“Did you find any evidence of contusions indicating that she had been struck or knocked down?”

“No.”

“And the bullet emerged from the upper left chest?”

“That is correct.”

“What about the contents of the stomach. Doctor?” Mason asked.

“Now, just a moment!” Dillon said. “Here again Counsel is anticipating the prosecution’s case. I would like to put on my case in an orderly manner. I haven’t as yet asked this witness anything about the time of death.”

“Well, you’re going to have to come to it,” Judge Elwell said.

“I would like to present the case in an orderly manner — showing first the fact of death, the cause of death, and then the time of death.”

“I don’t think I care to hear the case piecemeal,” Judge Elwell said, “unless there is some particular reason for putting it on in this manner.”

“I can assure the Court that there is a reason,” Dillon said.

“Very well. But that doesn’t prevent Counsel from asking this witness any questions he cares to about the condition of the body; and I will permit questions concerning the contents of the stomach.”