Brought into court today.

00:38:45,007 --> 00:38:47,077

True, Mr. Aldritch?

00:38:47,247 --> 00:38:48,236

I don't know.

00:38:48,407 --> 00:38:51,763

It's the one marked Exhibit 5.

The one marked so

00:38:51,927 --> 00:38:54,236

In the presence of the court

No more than half an hour ago.

00:38:54,407 --> 00:38:56,398

Isn't that so, Mr. Aldritch?

00:38:56,647 --> 00:38:58,205

Yes.

00:38:58,407 --> 00:39:00,967

Did you put the file mark

on this gun?

00:39:02,287 --> 00:39:04,198

- Did you, Mr. Aldritch?

- No, I did not.

00:39:04,367 --> 00:39:05,720

- Then who did?

- I don't know.

00:39:05,887 --> 00:39:08,196

BURGER: Defence counsel

Is asking the witness to conjecture.

00:39:08,727 --> 00:39:11,241

The witness could have

Bought the gun with the file mark on it

00:39:11,407 --> 00:39:12,476

Without noticing the mark.

00:39:13,367 --> 00:39:14,595

Very true.

00:39:14,767 --> 00:39:16,041

Mr. Aldritch, you've stated

00:39:16,207 --> 00:39:19,199

That you gave one of the guns

To your fiancйe.

00:39:19,367 --> 00:39:20,595

For the third time, yes.

00:39:20,767 --> 00:39:23,679

- Was your fiancйe's gun stolen?

- Yes.

00:39:23,847 --> 00:39:25,599

From where?

00:39:27,167 --> 00:39:28,282

From her overnight bag.

00:39:28,447 --> 00:39:31,041

Where was the overnight bag?

00:39:32,607 --> 00:39:34,438

In a motel cabin.

00:39:34,607 --> 00:39:37,997

In the Eucalyptus Grove Motel

in Riverside?

00:39:38,567 --> 00:39:41,081

- Yes.

- Was something else taken?

00:39:41,247 --> 00:39:42,805

Some jewellery.

00:39:42,967 --> 00:39:47,006

Was the defendant, Evelyn Bagby,

accused of stealing that jewellery?

00:39:47,167 --> 00:39:49,840

- Yes.

- But she was acquitted?

00:39:50,007 --> 00:39:51,122

Yes.

00:39:51,327 --> 00:39:54,524

Now, Mr. Aldritch,

Was Harry Merrill at that same motel

00:39:54,687 --> 00:39:57,804

On the night the gun and jewellery

were stolen?

00:39:58,007 --> 00:39:59,599

He was.

00:39:59,767 --> 00:40:03,555

Did you give Harry Merrill any money

that night in Riverside?

00:40:05,567 --> 00:40:06,920

Ten thousand dollars.

00:40:07,407 --> 00:40:10,797

Yet, when Harry Merrill's apartment

Was searched, no money was found.

00:40:10,967 --> 00:40:13,356

He had no bank account.

00:40:13,967 --> 00:40:17,323

Mr. Aldritch, why did you give

Harry Merrill that money?

00:40:17,487 --> 00:40:20,479

To prevent him from causing a scandal

About my fiancйe.

00:40:20,647 --> 00:40:23,639

- Did your fiancйe kill him?

- No.

00:40:26,567 --> 00:40:29,365

Did I visit you at your home

a few nights ago?

00:40:29,527 --> 00:40:31,245

- Yes.

- I showed you a gun?

00:40:31,407 --> 00:40:32,396

Yes.

00:40:32,567 --> 00:40:34,080

You took it from me,

You left the room,

00:40:34,247 --> 00:40:36,807

Returned, and gave the gun

Back to me again.

00:40:36,967 --> 00:40:39,959

- Yes.

- Was it the same gun I gave to you?

00:40:41,807 --> 00:40:43,206

Yes.

00:40:43,367 --> 00:40:45,278

The same gun I gave you?

00:40:51,087 --> 00:40:53,123

No, it was not the same gun.

00:40:53,327 --> 00:40:54,760

You switched guns, I know.

00:40:54,927 --> 00:40:57,282

Because the gun I gave you

Had a file mark on it.

00:40:57,487 --> 00:40:59,523

The gun you returned to me

Had no mark.

00:40:59,887 --> 00:41:04,642

This gun, the gun with the file mark,

Is the one you brought into court today.

00:41:04,807 --> 00:41:07,037

But the one with no mark,

00:41:07,207 --> 00:41:09,846

This is the gun the ballistics expert

Says fired two bullets,

00:41:10,007 --> 00:41:12,362

Which were taken

From the tree and the post.

00:41:12,527 --> 00:41:15,121

This is the gun Lieutenant Tragg

Took from me

00:41:15,287 --> 00:41:18,324

And which the prosecution claims

Was in the possession of Evelyn Bagby

00:41:18,487 --> 00:41:20,557

On the night of the murder.

00:41:21,047 --> 00:41:24,926

Your Honour,

The prosecution contends

00:41:25,087 --> 00:41:28,443

That Evelyn Bagby

Was in possession of this gun,

00:41:28,607 --> 00:41:31,326

The gun without the file marks

On the night of the murder.

00:41:31,487 --> 00:41:33,205

And yet we know

It was in the possession

00:41:33,367 --> 00:41:35,722

Of Mr. Aldritch at that time.

00:41:35,927 --> 00:41:37,679

JUDGE:

You may step down, Mr. Aldritch,

00:41:37,847 --> 00:41:40,281

but don't leave the courtroom.

00:41:41,007 --> 00:41:44,204

To further establish the innocence

Of my client,

00:41:44,367 --> 00:41:46,039

I should like to call

Another witness.

00:41:46,487 --> 00:41:47,522

Go ahead, Mr. Mason.

00:41:47,687 --> 00:41:51,077

MASON:

I call Mr. Louis Boles to the stand.

00:41:59,567 --> 00:42:02,764

Raise your right hand, please.

Do you solemnly swear the testimony

00:42:02,927 --> 00:42:04,201

you're about to give in the case

00:42:04,367 --> 00:42:06,597

To be the truth, the whole truth,

nothing but the truth?

00:42:06,767 --> 00:42:08,564

- I do.

- Be seated.

00:42:11,247 --> 00:42:13,044

Your name?

00:42:13,207 --> 00:42:14,640

Louis Boles.

00:42:14,807 --> 00:42:16,559

- Occupation?

- Motel owner.

00:42:16,727 --> 00:42:18,957

Eucalyptus Grove Motel

In Riverside.

00:42:19,127 --> 00:42:23,006

Mr. Boles, you were the chief witness

For the prosecution in the robbery case

00:42:23,167 --> 00:42:25,601

- against Evelyn Bagby, were you not?

- Yeah.

00:42:25,767 --> 00:42:28,725

And you knew Harry Merrill?

00:42:28,887 --> 00:42:30,115

No.

00:42:30,287 --> 00:42:32,278

- No?

- Mm-mm.

00:42:33,567 --> 00:42:36,923

A short time ago,

I went to see you in Riverside.

00:42:37,127 --> 00:42:40,164

Date: 2016-03-03; view: 1008