by Various
It took them an hour to take that table apart, check it, and put it back together again. When it was all over, Thursby glanced at me, then said: "O.K., boys; that does it. Let's go."
The men looked at him oddly, and I knew why.
"Aren't you going to test my client's gadget?" I asked innocently.
Thursby looked angrily baffled for a moment, then he clamped his lips grimly. "As long as we're here, I guess we might as well."
I knew perfectly well it was what he had intended to do all along.
"One of you guys spin that wheel," he said to the technicians. One of them gave the wheel a spin and dropped the ball. It clattered on its merry way and dropped into a slot. Forty-two.
Thursby took the gadget out of his pocket. It was still set at Thirteen.
The men who had surrounded Howley on the night of his arrest had been keeping their eyes open, and they had seen how Howley had handled the thing. Well--almost how. Thursby had the lens opening pointed at the wheel, but his thumb and fingers weren't touching the silver plates properly.
"Spin it again," he said.
Everyone's eyes were on the ball as it whirled, so I had time to get my own copy of Howley's gadget out and set it at Thirteen. I hoped the thing would work for me. I concentrated on Thirteen, making sure my thumb and fingers were placed right.
Evidently they were. The ball fell into Thirteen, Black, Odd, and Low.
A huge grin spread over Thursby's face, but he was man enough not to turn and grin at me. "Try it again," he said.
Thirteen, Black, Odd, and Low.
"I wonder how the thing works?" said Thursby, looking at the gadget in a sort of pleased awe.
"You'd better be able to prove that it does work, Thursby," I said, trying to put irritation into my voice.
This time, he did grin at me. "Oh, I think we can prove that, all right." He turned back to the technician. "Spin it once more, Sam, and show the defense counsel, here, how it works."
The technician did as he was told. "Thirteen, Black, Odd, and Low," he chanted, grinning.
"Let's try another number," Thursby said. He turned the dial to One. And this time, when he pointed it, his fingers were touching the plates in the right places.
"Just a minute," I said. "Let me spin that thing."
"Be my guest, counselor," said Thursby.
I spun the wheel and scooted the ball along the rim. It dropped into a slot. One, Red, Odd, and Low. I looked as disappointed and apprehensive as I could.
"Co-incidence," I said. "Nothing more. You haven't proved anything."
Thursby's grin widened. "Of course I haven't," he said with a soothing, patronizing tone. "But I don't have to prove anything until I get to court."
Then he looked at the technicians and jerked his head toward the door. "Let's go, boys. Maybe the counselor wants to look over the table for himself. Maybe he thinks we've got it rigged."
There was a chorus of guffaws as they walked out. I just stood there, scowling, trying to keep from laughing even harder than they were.
* * * * *
Jason Howley sat next to me at the defense table, just inside the low partition that divided the court from the public. There weren't many people in the auditorium itself; listening to some poor dope get himself sentenced for cheating at gambling is considered pretty dull entertainment in the State of Nevada.
Thursby had managed to push the indictment through the grand jury in a hurry, but, as he sat across the room from me at the prosecution table, I thought I could detect a false note in the assumed look of confidence that he was trying to wear.
Howley tapped me on the shoulder. I turned around, and he whispered: "How much longer?"
I tapped my wrist watch. "Couple minutes. Judge Lapworth is one of those precisionists. Never a moment late or early. Getting jumpy?"
He shook his head gently and smiled. "No. You've handled this even better than I'd have imagined. You thought of things I didn't even know existed. I'm no lawyer; I can see that."
I returned the smile. "And I don't invent gimmicks, either. So what?"
His eyes looked at me from behind the distorting negative lenses. "I've been wondering, counselor--why are you so interested in this? I mean, I offered you a pretty good fee, and all that, but it seems to me you're taking an unusual interest in the case."
I grinned at him. "Mr. Howley, my profession is Law--with a capital L. The study of the Law isn't like the study of physics or whatever; these are manmade laws--commands, not descriptions. They don't necessarily have anything to do with facts at all. Take the word 'insanity,' for instance; the word isn't even used by head-shrinkers any more because it's a legal definition that has nothing whatever to do with the condition of the human mind.
"Now, any such set of laws as that can't possibly be self-consistent and still have some use on an action level. A lawyer's job is to find the little inconsistencies in the structure, the places where the pieces have been jammed together in an effort to make them look like a structured whole. To find, in other words, the loopholes and use them.
"And when I find a loophole, I like to wring everything I can out of it. I'm enjoying this."
Howley nodded. "I see. But what if something--"
I held up my hand to silence him, because the door to the judges' chambers opened at that moment, and Judge Lapworth came in as the bailiff announced him. We all stood up while the bailiff intoned his "Oyez, oyez."
Thursby made a short preliminary speech to the jury, and I requested and was granted permission to hold my own opening statement until the defense was ready to present its case.
Thursby was looking worried, although it took a trained eye to see it. I was pretty sure I knew why. He had been pushed too hard and had gone too fast. He'd managed to slide through the grand jury too easily, and I had managed to get the trial date set for a week later. Thursby's case was far from being as tight as he wanted it.
* * * * *
I just sat still while the prosecution brought forth its witnesses and evidence. The croupier, the deputies, several employees of the Golden Casino, and a couple of patrons all told their stories. I waived cross-examination in every case, which made Thursby even edgier than he had been.
When he called in the head of the technicians who had inspected the table at the casino, I made no objection to his testimony, but I made my first cross-examination.
"Mr. Thompson, you have stated your qualifications as an expert on the various devices which have been used to illegally influence the operation of gambling devices in this state."
Thursby said: "Oh, if the Court please, I should like to remind counsel for the defense that he has already accepted the qualifications of the witness."
"I am not attempting to impugn the qualifications of the witness," I snapped.
Judge Lapworth frowned at Thursby. "Are you making an objection, Mr. District Attorney?"
Thursby pursed his lips, said, "No, Your Honor," and sat down.
"Proceed with the cross-examination," said the judge.
"Mr. Thompson," I said, "you have testified that you examined the table at the Golden Casino for such devices and found none. Is that right?"
"That's right," he said positively.
"Have you seen the device labeled People's Exhibit A, which was found by the officers on the person of the defendant?"
"Well ... yes. I have."
"Have you examined this device?"
Thursby was on his feet. "Objection, Your Honor! This material was not brought out in direct examination!"
"Sustained," said Judge Lapworth.
"Very well, Your Honor," I said. Then I turned back to Thompson. "As an expert in this field, Mr. Thompson, you have examined many different devices for cheating gambling equipment, haven't you?"
"Yes, I have."
"How many, would you say?"
"Oh ... several hundred."
"Several hundred different types?"
"No. Several hundred individual devices. Most
of them are just variations of two or three basic types."
"And you are familiar with the function of these basic types and their variations?"
"I am."
"You know exactly how all of them work, then?"
He saw where I was heading. "Most of them," he hedged.
Thursby saw where I was heading, too, and was sweating. I'd managed to get around his objection.
"Have you ever examined any which you could not understand?"
"I ... I don't quite know what you mean."
"Have you ever," I said firmly, "come across a device used in cheating which you could not comprehend or explain the operation of?"
Thursby stood up. "Same objection as before, Your Honor."
"Your Honor," I said, "I am merely trying to find the limitations of the witness' knowledge; I am not trying to refute his acknowledged ability."
"Overruled," said Judge Lapworth. "The witness will answer the question."
I repeated the question.
"Yes," Thompson said in a low voice.
"More than once?"
"Only once."
"Only once. You did find one device which didn't operate in any fashion you can explain. Is that right?"
"That's right."
"Can you tell me what this device was?"
Thompson took a deep breath. "It was People's Exhibit A--the device taken from the defendant at the time of his arrest."
There was a buzz in the courtroom.
"No more questions," I said, turning away. Then, before Thompson could leave the stand, I turned back to him. "Oh, just one moment, Mr. Thompson. Did you examine this device carefully? Did you take it apart?"
"I opened it and looked at it."
"You just looked at it? You didn't subject it to any tests?"
Thompson took a deep breath. "No."
"Why not?"
"There wasn't anything inside it to test."
* * * * *
This time, there was more than just a buzz around the courtroom. Judge Lapworth rapped for order.
When the room was quiet, I said: "The box was empty, then?"
"Well, no. Not exactly empty. It had some stuff in it."
I turned to the judge. "If the Court please, I would like to have the so-called device, Exhibit A, opened so that the members of the jury may see for themselves what it contains."
Judge Lapworth said: "The Court would like very much to see the internal workings of this device, too. Bailiff, if you will, please."
The bailiff handed him the gadget from the exhibit table.
"How does it open?" asked the judge. He turned to Thompson. "Will the witness please open the box?"
Reluctantly, Thompson thumbed the catch and slid off the top.
The judge took it from him, looked inside, and stared for a long moment.
I had already seen the insides. It was painted white, and there were inked lines running all over the inside, and various pictures--a ball, a pair of dice, a roulette wheel--and some other symbols that I didn't pretend to understand.
Otherwise, the box was empty.
After a moment, Judge Lapworth looked up from the box and stared at Thursby. Then he looked at Thompson. "Just what tests did you perform on this ... this thing, Mr. Thompson?"
"Well, Your Honor," Thompson said, visibly nervous, "I checked it for all kinds of radiation and magnetism. There isn't anything like that coming from it. But," he added lamely, "there wasn't much else to test. Not without damaging the box."
"I see." His honor glared at Thursby, but didn't say anything to him. He simply ordered the box to be shown to the jury.
Thursby was grimly holding his ground, waiting.
"Have you any more questions, counselor?" the judge asked.
"No, Your Honor, I have not."
"Witness may step down," said his honor to Thompson.
* * * * *
Thursby stood up. "If the Court please, I would like to stage a small demonstration for the members of the jury."
The Court gave permission, and a roulette wheel was hauled in on a small table.
I watched with interest and without objection while Thursby demonstrated the use of the gadget and then asked each of the jurors in turn to try it. It was a long way from being a successful demonstration. Some of the jurors didn't hold the thing right, and some of those that did just didn't have the mental ability required to use it. But that didn't bother Thursby.
"Your Honor, and Gentlemen of the Jury," he said, "you are all aware that a device constructed for the purpose of cheating at any gambling game is not necessarily one hundred per cent infallible. It doesn't have to be. All it has to do is turn the odds in favor of the user.
"You are all familiar with loaded dice, I'm sure. And you know that loading dice for one set of numbers merely increases the probability that those numbers will come up; it does not guarantee that they will come up every time.
"It is the same with marked cards. Marking the backs of a deck of cards doesn't mean that you will invariably get a better hand than your opponent; it doesn't even mean that you will win every hand.
"The device taken from the defendant at the Golden Casino does not, as you have seen, work every time. But, as you have also seen, it certainly does shift the odds by a considerable percentage. And that, I submit, is illegal under the laws of this state."
He went on, building on that theme for a while, then he turned the trial over to the defense.
"Call Dr. Pettigrew to the stand," I said.
I heard Thursby's gasp, but I ignored it.
A chunky, balding man with a moon face and an irritated expression came up to be sworn in. He was irritated with me for having subpoenaed him, and he showed it. I hoped he wouldn't turn out to be hostile.
"You are Dr. Herbert Pettigrew?" I asked.
"That is correct."
"State your residence, please."
"3109 La Jolla Boulevard, Los Angeles, California."
"You are called 'Doctor' Pettigrew, I believe. Would you tell the Court what right you have to that title?"
He looked a little miffed, but he said: "It is a scholarly title. A Doctorate of Philosophy in physics from Massachusetts Institute of Technology."
"I see. Would you mind telling the Court what other academic degrees you have?"
He reeled off a list of them, all impressive.
"Thank you, doctor," I said. "Now, what is your present occupation?"
"I am a Professor of Physics, at the University of California in Los Angeles."
I went on questioning him to establish his ability in his field, and by the time I was finished, the jury was pretty well impressed with his status in the scientific brotherhood. And not once did Thursby object.
Then I said, "Dr. Pettigrew, I believe you came to this city on a professional matter?"
"Yes, I did." He didn't hesitate to answer, so I figured I hadn't got his goat too much.
"And what was the nature of that matter?"
"I was asked to come here by Mr. Harold Thursby, the District Attorney, to perform some scientific tests on the ... er ... device ... the device known as People's Exhibit A."
"Did you perform these tests?"
"I did."
"At the request of District Attorney Thursby, is that right?"
"That is correct."
"May I ask why Mr. Thursby did not call you as a witness for the prosecution?"
Thursby, as I had expected, was on his feet. "Objection! The question calls for a conclusion of the witness!"
"Sustained," said Judge Lapworth.
"Dr. Pettigrew," I said, "what were your findings in reference to Exhibit A?"
He shrugged. "The thing is a plastic box with a dial set in one side, a plastic lens in one end, and a couple of strips of silver along two other sides. Inside, there are a lot of markings in black ink on white paint." He gestured toward the exhibit table. "Just what you've seen; that's all there is to it."
"What sort of tests did you
perform to determine this, Dr. Pettigrew?" I asked.
He took a long time answering that one. He had X-rayed the thing thoroughly, tested it with apparatus I'd never heard of, taken scrapings from all over it for microchemical analysis, and even tried it himself on a roulette wheel. He hadn't been able to make it work.
"And what is your conclusion from these findings?" I asked.
Again he shrugged. "The thing is just a box, that's all. It has no special properties."
"Would you say that it could be responsible for the phenomena we have just seen? By that, I mean the peculiar action of the roulette wheel, demonstrated here by the prosecution."
"Definitely not," he stated flatly. "The box could not possibly have any effect on either the wheel or the ball."
"I see. Thank you, doctor; that's all. Cross-examine."
Thursby walked over to the witness stand with a belligerent scowl on his face. "Dr. Pettigrew, you say that the box couldn't possibly have had any effect on the wheel. And yet, we have demonstrated that there is an effect. Don't you believe the testimony of your own senses?"
"Certainly I do!" snapped Pettigrew.
"Then how do you account for the behavior of the roulette wheel as you have just seen it demonstrated in this court?"
I suppressed a grin. Thursby was so mad that he was having trouble expressing himself clearly.
"In several ways!" Pettigrew said sharply. "In the first place, that wheel could be rigged."
Thursby purpled. "Now, just a minute! I--"
I started to object, but Judge Lapworth beat me to it.
"Are you objecting to the answer, Mr. District Attorney?"
"The witness is insinuating that I falsified evidence!"
"I am not!" said Pettigrew, visibly angry. "You asked me how I could account for its behavior, and I told you one way! There are others!"
"The wheel will be examined," said Judge Lapworth darkly. "Tell us the other ways, Dr. Pettigrew."
"Pure chance," said Pettigrew. "Pure chance, Your Honor. I'm sure that everyone in this courtroom has seen runs of luck on a roulette wheel. According to the laws of probability, such runs must inevitably happen. Frankly, I believe that just such a run has occurred here. I do not think for a minute that Mr. Thursby or anyone else rigged that wheel."
