Case of the Footloose Doll (16 page)

Then when I saw her, I knew that she was the one who had made the purchase.”

“You identified her to the police?”

“Yes.”

“Did you meet her face to face?”

“I saw her clearly.”

“Did you talk with her?”

“No.”

“Did you hear her voice?”

“Yes.”

“Where did this identification take place?”

“It was in a room—an interrogation room. There’s a big mirror at one end of the room. That is, it’s a mirror which shows a reflection to any person on the inside looking out, but it’s a window to anyone who is in the adjoining room looking in. You see very distinctly, but the person in the other room can’t see you at all.”

“So you sat in this observation room and the defendant was ushered into the interrogation room and you looked at her through the one-way mirror, did you not?”

“Yes.”

“And was there an officer with you at that time?”

“Yes.”

“More than one?”

“Yes.”

“How many?”

“Three.”

“And did those officers make comments?”

“They were talking.”

“To you?”

“Yes, and among themselves.”

“And the gist of their conversation was that the defendant, Mildred Crest, was the girl who had purchased the ice picks, isn’t that true?”

“They mentioned something to that effect. They were also discussing other things.”

“Things which were calculated to prejudice you against the defendant, discussing the fact that she was supposed to have murdered Fern Driscoll?”

“They said something like that.”

“Just what did they say?”

“I can’t remember their exact words, but they said she had murdered Fern Driscoll, had stolen her money and, when Harrod found out about it, had stabbed him with an ice pick she bought from the store where I work.”

“So after they said all that you made the identification, did you?”

“Well, when I saw the defendant I knew she was the one.”

“Right away, the minute you saw her?”

“Yes.”

“How long were you in the observation room?”

“About ten minutes, I guess.”

“And how long were you in the observation room after the defendant was led into the interrogation room?”

“She was brought in within just a few seconds of the time I entered the observation room.”

“And she was in the interrogation room all of the time you were in the observation room?”

“Yes.”

“Which was a period of at least ten minutes?”

“I would say so.”

“It could have been more?”

“Perhaps.”

“But it couldn’t have been less?”

“I think it was at least ten minutes.”

“And during all of that time the officers were asking you to look the defendant over carefully?”

“Yes.”

“Now then,” Mason said, “if you made the identification as soon as the defendant walked in the room, what was the reason for the officers to keep you there for ten minutes, asking you to look the defendant over carefully?”

“Well, they said they wanted me to be sure.”

“Weren’t you sure?”

“I was, yes.”

“You were sure when you left the room?”

“Yes.”

“Were you sure before that?”

“I thought I was.”

“Yet you kept looking at the defendant during all that ten-minute period?”

“Yes.”

“Studying her features?”

“Yes.”

“Why?”

“Well, the officers suggested—Am I at liberty to tell what they said?” Calvert grinned. “Go right ahead. What did the officers say?”

“Well, they said that Mr. Mason was going to be representing the defendant, that he was noted for being tricky and that he might arrange to have some other young woman brought in and try to trick me that way. They said that I should study the defendant carefully so that Mr. Mason couldn’t—well, the way they expressed it was ‘run in a ringer.’”

“And was that the reason you made such a careful study of the defendant?” Mason asked.

“Yes.”

“For a period of ten minutes?”

“Yes.”

“Now going back to the night of the second,” Mason said, “what were your duties there at the Arcade Novelty Company?”

“Well, I acted as cashier.”

“What were your duties as cashier?”

“To make change, giving out nickels, pennies and dimes as they were required.”

“Anything else?”

“I sort of kept an eye on the various people to see what they were doing and see that everything was running in an orderly manner.”

“Anything else?”

“No. That’s about all.”

“But you were also acting as saleslady?”

“Oh yes. I sold merchandise whenever anybody came in and wanted something.”

“And wrapped the merchandise for them?”

“Usually I just dropped it in a paper bag.”

“That took quite a bit of your time?”

“Not so much.”

“Didn’t quite a few people come in?”

“Well, it’s a self-service place. That is, the people pick out what they want and bring it up to the cashier to be paid for and wrapped. About all I have to do is to ring up the money in the cash register and drop the articles in a paper bag. We keep an assortment of paper bags on a shelf right beneath the cash register.”

“Then a big percentage of your time is put in making change for customers and watching what is going on in the Arcade?”

“Yes. Mostly watching, keeping an eye on things.”

“You have quite a few customers?”

“Quite a few.”

“And you try to keep an eye on what they’re doing?”

“Yes. I have to make certain that things are run in an orderly manner; that the young men don’t annoy the women who don’t want to be annoyed.”

“What do you mean by that?”

“Well, of course, if young women are sociably inclined and don’t resent attention, why that’s all right, but, if some young men become obnoxious or try to force their attentions on customers, then we do something about it.”

“So you keep a sharp eye on what is going on?”

“Yes.”

“I take it then that you’re trained to see things that go on.”

“Indeed I am, Mr. Mason. You have to have an eagle eye to run a place like that. You get so you’re trained to see the faintest suspicion of a false motion.”

“That is, you know what to look for?”

“Yes.”

“And you keep looking?”

“Yes.”

“Your spectacles have rather heavy correction?”

“I’m blind as a bat without my spectacles, but with them I see very well.”

“Directly in front of you?”

“Yes.”

“Your vision to the side is somewhat impaired?”

“Yes, but I can see all right. That’s my job, to see what’s going on.”

“You’re also making change at the cash register?” Mason asked.

“Yes. I said I was. I told you that.”

“And ringing up purchases?”

“Yes.”

“Suppose there would be a shortage at the cash register?”

“There never is. Not when I’m on duty.”

“You don’t make mistakes?”

“No.”

“How does it happen you have such a perfect record?”

“Concentration largely.”

“By that I take it you mean that when you’re making change, you think about making change and nothing else.”

“Exactly.”

“And you don’t make mistakes?”

“I never have. My cash has always balanced out to the penny.”

“When you’re ringing up a sale,” Mason said, “you concentrate on making the correct change?”

“Yes.”

“And putting the proper amount of money in the proper compartment in the cash register?”

“Yes.”

“During that time your eyes necessarily are averted from what is going on in the Arcade, are they not?”

“That is true, Mr. Mason. But you learn to make the interval as brief as possible, And even during that interval you’re sort of keeping an eye on things with an occasional quick glance.”

“I take it then,” Mason said, “that even while you’re smiling at the customer you’re actually looking over past the customer’s shoulder to see that the place is being operated in an orderly manner.”

“That’s right.”

“Now, just how clearly do you remember the transaction when the person you say was the defendant bought the three ice picks?”

“Quite clearly.”

“Do you remember whether she paid you the exact purchase price or —”

“Certainty I remember. She put down a five-dollar bill. I gave her her change and I remember telling her that the ice picks had I been three for a dollar earlier in the evening, but that when I replenished the stock in the display case I noticed that the price had gone up and so put a new price tag on the ice picks.”

“The ice picks were then forty-one cents straight?”

“That’s right.”

“So three ice picks amounted to a dollar and twenty-three cents?”

“Yes.”

“Plus sales tax?”

“Yes.”

“How long do you suppose the person you state was the defendant was standing in front of you? How long did the transaction take place?”

“Just a few seconds.”

“You didn’t have any extended conversation?”

“No.”

“The customer just handed you the ice picks, you rang up the money, took out the change, dropped the ice picks in a bag and handed them to her with the comment that they had been cheaper earlier in the evening?”

“That is right, yes, sir.”

“Did you do all that within a period of ten seconds, would you say?”

“Let me see. Ten seconds.” The witness closed her eyes. “Yes. I think so. I would say that ten seconds would probably be just about the right time interval.”

“Now, during that ten seconds,” Mason said, “you were making change of a dollar and twenty-three cents, plus sales tax, out of a five-dollar bill?”

“Yes, sir.”

“And during that time, following your custom, you were concentrating on the operation of the cash register, on putting the five-dollar bill in the proper receptacle, taking out the change and being sure that you had the right amount?”

“Yes, sir.”

“And during a part of that time, while you were smiling at the customer, you were looking over her shoulder into the Arcade to make certain that everything was being conducted in an orderly manner?”

“I suppose so.”

“That is your usual custom?”

“Yes.”

“So that out of the ten-second interval you were actually looking at the person who you claim was the defendant for only a small portion of that time, perhaps two or three seconds?”

“Well . . . I saw her well enough to recognize her.”

“Perhaps two or three seconds out of the ten-second interval you were looking directly at the customer?” Mason asked.

“Perhaps.”

“Could it have been more?”

“Well, let’s see. I was looking at the cash register and—Well, perhaps half of the time I was looking directly at the customer.”

“That would be five seconds?”

“Yes.”

“But while you were looking at her you were also looking over her shoulder past her at the Arcade?”

“I guess I did.”

“So that would cut down the five seconds’ time?”

“Yes.”

“Yet,” Mason said, “when you looked at the defendant at police headquarters so that you could be sure I didn’t run a ringer in on you, it took you ten minutes, ten full minutes, during which you were concentrating entirely on the features of the defendant. It took you ten, long minutes before you could be sure that you wouldn’t be led into a trap and that you’d know her when you saw her again?”

“Well . . . it wasn’t necessary for me to look at her that long.”

“Then why did you do it?”

“I wanted to be absolutely certain.”

“It took you ten minutes before you were absolutely certain?”

“Oh, I suppose so, if you insist.”

“Ten full minutes of concentrated study,” Mason said, “as opposed to two and a half seconds’ casual observation.”

“Well, I—Of course, at the time of the purchase, I—”

“Exactly,” Mason said. “At that time you didn’t have any particular reason for studying the features of your customer. Whereas when you were looking at the defendant, you knew you were going to be called on to make an identification and you had to be absolutely positive that someone didn’t trick you. Isn’t that right?”

“Yes.”

“Thank you,” Mason said with a smile. “That’s all.” 

Calvert hesitated as though debating whether to try and salvage something from the testimony concerning the time element, then apparently decided against it. “That’s all,” he said.

“Your next witness,” Judge Bolton said.

“Call Katherine Baylor,” Calvert said.

Katherine Baylor came to the stand, took the oath, gave her name and residence to the court reporter, looked to Calvert for questioning.

“You are acquainted with the defendant, Mildred Crest?”

“Yes.”

“When did you first meet her?”

“On the second of this month.”

“Where did you first meet her?”

“At her apartment.”

“Under what name was she going when you met her?”

“Well, she admitted to me—”

“Kindly listen to the question,” Calvert interrupted. “Under what name was she going when you first met her?”

“The name of Fern Driscoll.”

“Did you, on the evening of the second, purchase some ice picks from the Arcade Novelty Company?”

“I did.”

“How many ice picks?”

“Three.”

“What did you pay for them?”

“One dollar.”

“Do you remember the price that was marked on the ice picks?”

“Yes, sir, I do.”

“What was the price?”

“It was thirty-eight cents, three for a dollar.”

“What did you do with those ice picks?”

“I took them to the apartment with me.”

“You mean the apartment that the defendant was occupying under the name of Fern Driscoll?”

“Yes.”

“And what did you do with them there?”

“I put one of them in my purse, and left the other two there on a table by the entranceway.”

“And did you have some conversation with the defendant about them?”

“Yes.”

“About using them?”

“Yes.”

“About using them in what way?”

“As weapons.”