...Or Your Money Back | Page 8

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