...Or Your Money Back | Page 7

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."
[Illustration]
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