The Case of the Queenly Contestant

“No, I talked with her many times. Agnes lived by herself, and she used quite a bit of frozen food.”

“You remember this was the fourth?”

“Very clearly, because I remember that I didn’t see her on the fifth, and then on the sixth I heard about her death.”

“What time was this on the fourth?”

“About five-thirty in the evening, perhaps a quarter to six.”

“How do you fix the time?”

“I am off duty at eight o’clock and — well, I know generally what time it was.”

“You can’t fix the time accurately?”

“Not accurately. I know it was before eight o’clock on the evening of the fourth, and I would say it was about two hours or two hours and a half before I left work.”

“No further question,” Dillon said.

Mason said, “If the Court pleases, I would like to find out from Lieutenant Tragg if any search was made of the garbage or trash can of the Agnes Burlington duplex.”

“For what purpose?” Judge Elwell asked.

“To show that the empty carton in which this dinner of scallops, green peas, and mashed potatoes had been contained was found in the garbage.”

“That wouldn’t prove anything,” Dillon said. “Of course it was in the garbage. We now know that she bought a frozen dinner. We know the dinner was in her stomach. Therefore, the container must have been in the garbage. But we don’t know when the dinner was consumed.”

“The assumption would be that it was consumed that night. She told the witness. Donna Findley, that she was going to have it that night,” Mason said.

“And she could have changed her mind,” Dillon retorted. “But it doesn’t make any real difference, anyway, because the mere fact that she was killed within a couple of hours after ingesting that dinner doesn’t mean a thing.”

“It does when one considers it in connection with the water which had been running,” Mason said. “The water was left running all night.”

“So what?” Dillon asked.

“So,” Mason said, “when the defendant’s car left tracks in the driveway it was at a time when the water had been running for many, many hours, indicating that Agnes Burlington was unable to turn off the water because she had been killed.”

“It doesn’t mean any such thing,” Dillon said. “That’s an elaborate, finespun theory. For all we know, that driveway could have been wet for several days or several nights. The autopsy surgeon says that death probably took place on the evening of the fourth, so all Mason is doing is dotting the i’s and crossing the t’s on the prosecution’s testimony.”

“The defense has an interesting theory here,” Judge Elwell said, “but I don’t think it can have any influence upon a committing magistrate. I can see where this theory could be worked into a very interesting interpretation of circumstantial evidence to be placed in front of a jury — and, of course, the rule of circumstantial evidence is that if there is any reasonable hypothesis other than that of guilt on which the circumstantial evidence can be logically explained, the jury is required to adopt that hypothesis and bring in a verdict of acquittal, if the case is founded entirely upon circumstantial evidence.

“However, that is neither here nor there as far as this Court is concerned. This Court is called upon only to determine whether a crime has been committed and whether there are reasonable grounds to connect the defendant with the crime.”

Mason arose. “May I ask the indulgence of the Court?”

“Go ahead,” Judge Elwell said, “but please don’t argue the circumstantial evidence, because I don’t think it has any place in this Court. It would seem that the evidence now before the Court is such that the defendant must be bound over.”

Mason said, “I have not been given an opportunity to make a detailed inspection of the premises. I would like to have the case continued until I can make such a detailed inspection.”

“For what purpose?”

“The fact that the fatal bullet was never found is indicative of the fact that something may have been overlooked.”

Dillon said sarcastically, “Do you expect you can find something which was overlooked by the police?”

“I can try,” Mason said. “At least I should have the right.”

Judge Elwell hesitated for a few moments, then said, “It would seem to me that the request is reasonable. The defense cannot uncover any evidence which would be persuasive as far as this Court is concerned; but, on the other hand, it is quite possible that there is evidence which might be of tremendous importance in connection with a jury trial.”

Dillon said, “We object to it, Your Honor. The defendant, accompanied by the defendant’s attorney and his secretary, saw the premises when they discovered the body of the decedent.”

“And were careful not to touch anything but notified the police right away,” Judge Elwell said. “Now the body has been removed and supposedly all of the evidence has been uncovered, and it would certainly seem that the defendant’s attorney is entitled to make a detailed inspection of the premises.”

“We object to it,” Dillon said.

“Why do you object to it, Mr. Prosecutor?”