The Diamond Bullet Murder Case Part 10

"Keep right on guessing."

Josh threw down his half-consumed sandwich, took a final gulp of coffee and ran to the door.

"What's your hurry, Josh?"

"I'm going to file that. You don't mind?"

"Hop to it."

"And you'll, have something exclusive for me after the trial?"

"If I win the casea"yes."

Elton Dawbridge was sitting on the edge of his table when Gillian walked in. The county prosecutor said: "Hazeltine, I'm warning you, if you pull any trickery this afternoon, I'll have you disbarred."

"Those are harsh words," Gillian laughed. "And it seems to me I've heard them before."

"I'll smash you flata"I'm warning you!"

"I tremble all over," Gillian answered, "You terrify me, Elton. Really, you do. You know, you're a terrifying man. Something ought to be done about you. If I had any voice in the matter, I'd have you burned at the stake. By the way, you haven't forgotten our little bet?"

"My hundred and fifty thousand is in escrow in the Greenfield First National, isn't it?"

"And you're still going to Washingtona"Senator?" Gillian gravely asked.

"You know I'm going to win this case. I'm saying again: any of your vaudeville tricks, and I'll mash you flat!"

The, judge had come in.

"My first witness," Gillian said presently, "is Dr. Henry Hoffman. Will Dr. Hoffman take the stand?"

This was greeted by a stir of interest which drew glares from several bailiffs. And there was noticeable excitement about the press table. Dr. Henry Hoffman of Greenfield was the foremost X-ray specialist in the state; a man, indeed, of such prominence in his profession that he was frequently called into consultation in all parts of the country. A dangerous man for the defense.

Elton Dawbridge stared at him with fascination. So did Judge Lindley. What did Gillian have up his sleeve? If they had asked him Gillian would promptly and gravely have answered, "The bogey man"a"and meant it.

"Dr. Hoffman," Gillian briskly began, "will you kindly tell the jury what you were doing about midnight on September the fourth?"

"I was reading a book in bed," the doctor answered. "At a little after midnight, there was a ring at my front doorbell. I answered and found you standing there."

"What did I want?"

"You wanted me to accompany you here, to check with my instruments an autopsy which had been performed by Dr. Vollmer, the coroner here."

"And did you come here?"

"I did."

"Kindly describe your procedure."

"You took me to Dr. Vollmer's undertaking establishment. I went into the back room, where the corpse of Amos Grundle was packed in ice. I unpacked the ice and made a searching investigation."

"Did you take X-ray photographs?"

"I did. I took ten of them."

"I have the photographic films here," Gillian said, holding up a sheaf of thick, black celluloid sheets. "Will you kindly identify these as the photographs you took that night?"

"Gladly."

Gillian handed the photographs to him. Dawbridge started forward, but changed his mind and glanced at the judge. Judge Lindley was frowning and his eyes were glittering.

"Will you explain these films and pa.s.s them along, first to the judge, then to the jury?"

"I will. The first of them, which has a label on the back of it, numbered one, shows a diagonal view through the chest of the dead man. It shows two interesting things. It shows that the heart of the dead man was not removed, as Dr. Vollmer stated this morning. And it shows that the diamond bulleta"or a missile of some kinda"lodged, as has been claimed, in the third rib down on the left side, above the heart."

"Would you say, doctor, from your study of that X-ray film, that the impact of the diamond on that rib would have caused instant death to a strong, healthy man?"

"I would not say so," Dr. Hoffman answered. "In fact, I would be strongly inclined to doubt that the impact of the diamond at that point would cause death in a robust man. The rib was fractured at that point. The blow might have driven the breath from the victim's lungs, but I certainly would not agree with any one who stated that such a blow would result in death."

"Might it have resulted in unconsciousness?" Gillian inquired.

"I doubt it very much. I should say emphatically no."

"What do the other photographs show?"

"There are three more, taken at various other angles through the chest, which support my contention. The remaining six are of the bullet wound and the bullet in the back."

The statement came so casually that no one in the courtroom was prepared for it. One reporter dashed out of the room. People were babbling. Judge Lindsey made no attempt to restore order. He was staring at Gillian with indignant amazement.

The county prosecutor had seized Gillian's arm in a savage clutch.

"You d.a.m.ned trickster!" he cried. "This is cooked up!"

Gillian shook him off. When order was restored, Dr. Hoffman continued with his testimony.

"These six films show, from various angles, the course of the thirty-two caliber revolver bullet which entered the dead man's left side above the kidney and broke his backbonea"shattered it, in facta" causing instantaneous death."

Judge Lindley was white. His mouth was open, but he could say nothing. Elton Dawbridge shouted: "That's a lie! Dr. Vollmer performed the autopsy. He found no bullet lodged in Grundle's backbone!"

"Wait a minute," Gillian snapped. "Let me refresh your memory. This morning, under cross-examinations Dr. Vollmer said that he had not examined the lungs or any other part of the body. He lied when he said he examined the heart. His stomach was too tender for him to examine the heart or lungs. He got that diamond out and called it a day!"

"He performed a thorough autopsy!" Dawbridge shouted.

Gillian said calmly: "Will the stenographer please read out of the record my question to the coroner which began: 'In other words, your autopsy was complete when you had removed the diamond,' et cetera?"

The stenographer thumbed back through the record and read: "In other words, your autopsy was complete when you had removed the diamond and, later, examined the heart. As an expert, you saw no need of examining lungs or other vital organs or other parts of the body, naturally. In your opinion, the diamond did it. You had the burned hole in the shirt to prove it. Am I right on these various points? Dr. Vollmer: 'Yes; that's right.'"

"That will do," Gillian said. "It is clearly established, is it not, that Dr. Vollmer's delicacy prevented him from performing a thorough autopsy?"

"I deny it," Dawbridge snapped. "Where is that shirt?"

"Ah, that shirt," Gillian sighed. "Where, indeed, is the shirt? Why didn't Dr. Vollmer examine the shirt, and he would have seen the bullet hole down on the left side, in back?"

"There was no other hole in the shirt!" Dawbridge roared.

"All you have to do," Gillian said quietly, "is to prove it by producing the shirt!"

"Your gang of gunmen stole the shirt!"

The courtroom roared with laughter. When order was restored, Gillian said: "If his honor please, may we have some ruling? We are entirely out of order. I beg the Court's indulgence for one moment. Can your honor conceive of any man hiring a gang of gunmen, as my esteemed colleague puts it, to steal a shirt?"

But Judge Lindley was speechless.

"Is it any fault of mine, your honor," Gillian went on, "that neither shirt nor corpse can be produced as 'material evidence.' Alas, the shirt is gonea"and the corpse has long since been cremated."

The judge found his voice; barked: "Are you through with this witness?"

"If your honor please, I beg leave to introduce these films as Exhibits A, B, C, D, E, F, G, H, I, J for the defense."

His honor looked on the verge of apoplexy, but he was compelled to admit the exhibits as material evidence. But his eyes sought out the white face of Coroner Vollmer across the room and crucified him. That unfortunate man looked as if his stomach were troubling him still, "Could this bullet have been fired from a silenced gun?" Gillian asked.

"There is no way of proving the contrary," stated Dr. Hoffman.

"I want your expert opinion on these two wounds, Dr. Hoffman," Gillian continued. "The point I wish to establish is this: In your opinion, did the diamond in the rib or the bullet in the backbone cause the death of Amos Grundle?"

"Unquestionably, the bullet caused instant death," the doctor answered. "The spinal cord was torn in twain."

"In your opinion, was Grundle dead when he fell into the water?"

"The X-rays prove he was dead," the witness answered. "If you will examine those which show the lungs, you will seea"at least I can seea" that those lungs contain no water."

"And your expert opinion is that the diamond would not have caused the death?"

"That is my opinion."

"That will be all. Does the State wish to cross-examine?"

Most decidedly the State did. Elton Dawbridge shouted at Dr. Henry Hoffman until he was hoa.r.s.e. He took him up and down his direct testimony; tried to shoot holes in it, tried to trap the doctor into making contradictions.

The famous Roentgenologist remained unshaken. Coolly, calmly, with icy politeness he turned the shafts aside.

Dawbridge all but collapsed into his chair.

Judge Lindley said harshly: "Has the defense other witnesses?"

Yes," Gillian said. "Miss Nettie Jarvis."

Once again the courtroom burst into roars of laughter. Some one in back shouted: "Oh, you bogey man!"

With glowing dark eyes and a complacent smile, the seamstress took the stand for her "courtroom scene."

CHAPTER 16. NETTIE JARVIS' BOGY MAN.

THE "Bicycle Woman," as Miss Jarvis had been mirthfully referred to by certain of the peach colored newspapers, was fairly glowing with excitement. One did not need be a clairvoyant to know that Nettle Jarvis was realizing her life's ambition. Her words were to thunder across the nation. She was, at last, in her own.

In a voice so thin and excited that it sent t.i.tters about the courtroom, Nettie answered Gillian's questions.

Yes, on the morning of Amos Grundle's murder, she had been riding past the Grundle farmhouse on her bicycle a few minutes before ten o'clock.

"Where were you going, Miss Jarvis?"

"I was going to Mrs. Brubaker's, five miles farther along the road, to help make the clothes for her darling new baby, 'Junior.' Mrs. Brubaker will testify to this," the seamstress added with defiance.

"As you were pa.s.sing the Grundle farmhouse, what did you see from your bicycle?"

"I saw Mr. Grundle walk out of the back door with a rifle under his arm."

"Anything else?"

"Yes!" Miss Jarvis hissed. "I saw a face peering out at him from the bushesa"the elderberry bushes. He was a great tall man with a black bearda"a thick black beard. As Mr. Grundle started off in the direction of the quarry, this tall man stepped out from the bushes and stealthily followed him."

"Did he creep from tree to tree like an Indian?"

"Exactly!"

"Did you see a bulge in this black bearded man's hip pocket, as if he might be carrying a revolver?"

"I did!"

The face of every man and woman in the courtroom, with the exception of the judge and the county prosecutor, was smiling. They looked grim and uneasy.

"How was this black-bearded man dressed, Miss Jarvis? Like a tramp?"

"No, sir. He was dressed queerlya"like a minera"I mean, like the gold miners we see in the movies. He wore a black slouch hat, a black sateen shirt, a vivid red bandanna handkerchief, blue serge pants and a pair of scuffed brown oxfords."

"What else did you see, Miss Jarvis?"

"That was all."

"Did you see this young lady herea"Mrs. Truman, Nellie Hearthstone?"

"No, sir."