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?"