...Or Your Money Back | Page 7

Gordon Randall Garrett
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 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

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