The courtroom atmosphere was stale with that psychic stench which comes from packed humans whose emotions are roused to a high pitch of excitement.
Judge Markham, veteran judge of the criminal department, who had presided over so many famous murder trials, sat behind the massive mahogany rostrum with an air of complete detachment. Only a skilled observer would have noticed the wary watchfulness with which he filtered the proceedings through his mind.
Claude Drumm, chief trial deputy of the district attorney's office, tall, welltailored, suave, was very much at his ease. Perry Mason had inflicted stinging defeat before but in this case the prosecution was certain of a verdict.
Perry Mason sat at the counsel table, with an air of indolent listlessness about him which marked a complete indifference to the entire case. His attitude was in contrast to the accepted attitude of defense attorneys, who make a practice of vigorously contesting every step of the case.
Claude Drumm exercised his second peremptory challenge. A juror left the box. The clerk drew another man, and a tall, gaunt individual, with high cheekbones and lackluster eyes, came forward, held up his right hand, was sworn, and took his seat in the jury box.
"You may inquire," said Judge Markham to Perry Mason.
Perry Mason glanced over at the juror casually.
"Your name?" he said.
"George Smith," said the juror.
"You've read about this case?"
"Yes."
"Formed or expressed any opinion from what you have read?"
"No."
"You don't know anything about the facts of the case?"
"Nothing except what I've read in the papers."
"If you are selected as a juror to try this case could you fairly and truly try the defendant and render a true verdict?"
"I could."
"Will you?"
"I will."
Perry Mason slowly got to his feet. His examination of the jurors had been startlingly brief. Now he turned to this newest addition to the jury box and regarded the man frowningly.
"You understand," he said, "that you are to act as a judge of the facts, if you are selected as a juror in this case, but that, so far as the law is concerned, you will accept the law in the instructions given you by the Court?"
"I do," said the juror.
"In the event the Court should instruct you," said Perry Mason slowly and solemnly, "that under the law of this state it is incumbent upon the prosecution to prove the defendant guilty beyond all reasonable doubt, before a juror can conscientiously return a verdict of guilty, and that, therefore, it is not necessary for the defendant to take the witness stand and testify in her own behalf, but she may remain mute and rely upon the fact that the prosecution has failed to prove her guilty beyond all reasonable doubt, could you and would you follow such instruction of the Court and accept it as law?"
The juror nodded his head.
"Yes," he said, "I think I could, if that's the law."
"In the event the Court should further instruct you that such a failure on the part of the defendant to take the witness stand and deny the charges made against her was not to be considered in any way by the jury in arriving at its verdict and was not to be commented upon in connection with the discussions of the case, could you and would you follow such an instruction?"
"Yes, I guess so."
Perry Mason dropped back in his chair and nodded his head casually.
"Pass for cause," he said.
Claude Drumm asked that grim question which had disqualified many of the jurors:
"Have you," he said, "any conscientious scruples against the return of a verdict which would result in the penalty of death for the defendant?"
"None," said the man.
"If you are on the jury which tries this case," said the deputy district attorney, "there would be no conscientious scruples which would prevent you returning a verdict of guilty in the event you thought the defendant had been proven guilty beyond all reasonable doubt?"
"No."
"Pass for cause," said Claude Drumm.
"The peremptory," said Judge Markham, "is with the defendant."
"Pass the peremptory," said Perry Mason.
Judge Markham nodded his head toward Claude Drumm.
"Let the jury be sworn," said the deputy district attorney.
Judge Markham addressed the jury.
"Gentlemen," he said, "arise and be sworn to try this case. And may I congratulate counsel upon the very expeditious manner in which this jury has been selected."
The jury were sworn. Claude Drumm made an opening argument — brief, forceful and to the point. It seemed that he had stolen a leaf from the book of Perry Mason, and was determined to skip over all preliminaries, directing his attention upon one smashing blow.
"Gentlemen of the jury," he said, "I propose to show that on the night of the seventeenth of October of this year, Clinton Forbes was shot to death by the defendant in this case. I shall make no secret of the fact that the defendant had a grievance against the deceased. I shall not try to minimize that grievance. I shall put the facts entirely before you, freely, openly and frankly. I propose to show that the decedent was the husband of this defendant; that the parties had lived together in Santa Barbara until approximately a year before the date of the decedent's death; that the decedent had then surreptitiously departed without advising the defendant where he intended to go, and that the decedent took with him one Paula Cartright, the wife of a mutual friend; that the parties came to this city, where Forbes established a residence at 4889 Milpas Drive, under the name of Clinton Foley, and that Paula Cartright posed as Evelyn Foley, the wife of the deceased. I propose to show that the defendant in this case purchased a Colt automatic of thirtyeight caliber; that she devoted more than one year of her life to a careful and painstaking search, trying to locate the decedent; that shortly before the date of the murder, she located the decedent, and that she then came to this city and engaged a room in a downtown hotel, under the name of Mrs. C. M. Dangerfield.
"I expect to show that on the night of October 17th, at the hour of approximately twentyfive minutes past seven, the defendant arrived at the house occupied by her husband; that she used a skeleton key to pick the lock of that house, and entered the corridor; that she encountered her husband and shot him down coldbloodedly; that she then departed by taxicab and discharged the cab in the vicinity of the Breedmont Hotel, the hotel where she was registered under the name of Dangerfield.
"I propose to show that when she left the taxicab, she inadvertently left behind her a handkerchief. I propose to show that this handkerchief is undoubtedly the property of the defendant; that the defendant, recognizing the danger of leaving behind so deadly a clew, sought out the driver of the taxicab and had the handkerchief returned to her.
"I propose to show that the weapon which was purchased by the defendant, and for which she signed her name on the register of firearms, as kept by a sporting goods dealer in Santa Barbara, California, was the same weapon with which the deadly shots were fired. Upon this evidence I shall ask the jury to return a verdict of guilty of murder in the first degree."
During the speech, Claude Drumm did not raise his voice, but spoke with a vibrant earnestness that compelled the attention of the jurors.
When he had finished, he walked to the counsel table and sat down.
"Do you wish to make your opening address at this time, or to reserve the right?" asked Judge Markham of Perry Mason.
"We will make it later," said Perry Mason.
"Your Honor," said Drumm, getting to his feet, "it is usually a task of several days, or a day at least, to impanel a jury in a murder case. This jury has been impaneled within a very short time. I am taken somewhat by surprise. May I ask for an adjournment until tomorrow?"
Judge Markham shook his head and smiled.
"No, Counselor," he said. "The Court will proceed to hear the case. The Court happens to know that the present counsel for the defense makes a habit of expediting matters very materially. The Court feels that there is no use wasting the balance of the day."
"Very well," said Claude Drumm with calm dignity, "I shall establish the corpus delicti, by calling Thelma Benton. May it please be understood that I am calling her at this time only for the purpose of establishing the corpus delicti. I shall examine her in greater detail later on."
"Very well," said Judge Markham, "that will be the understanding."
Thelma Benton came forward, held up her hand and was sworn. She took the witness stand and testified that her name was Thelma Benton; that her age was twentyeight; that she resided in the Riverview Apartments; that she had been acquainted with Clinton Forbes for more than three years; that she had been in his employ as a secretary in Santa Barbara, and that she was with him when he left Santa Barbara, and came with him to the residence at 4889 Milpas Drive, where she became his housekeeper.
Claude Drumm nodded.
"Did you have occasion, on the evening of October 17th of this year," he asked, "to see a dead body in the house at 4889 Milpas Drive?"
"I did."
"Whose body was that?"
"It was the body of Clinton Forbes."
"He had rented that house under the name of Clinton Foley?"
"He had."
"And who resided there with him?"
"Mrs. Paula Cartwright, who went under the name of Evelyn Foley and posed as his wife; Ah Wong, a Chinese cook, and myself."
"There was also a police dog?"
"There was."
"What was the name of the dog?"
"Prince."
"How long had Mr. Forbes owned this police dog?"
"Approximately four years."
"You had become acquainted with the dog in Santa Barbara?"
"I had."
"And the dog accompanied you to this city?"
"He did."
"And you, in turn, accompanied Mr. Forbes and Mrs. Cartright?"
"I did."
"At the time you saw the dead body of Clinton Forbes, did you also see the police dog?"
"I did."
"Where was the police dog?"
"In the same room."
"What was his condition?"
"He was dead."
"Did you notice anything which would indicate to you the manner of death?"
"Yes, the police dog had been shot, and Mr. Forbes had been shot. There was a.38 Colt automatic lying on the floor. There were also four empty cartridges on the floor of the room, where they had been ejected by the automatic mechanism of the weapon."
"When did you last see Clinton Forbes alive?"
"On the evening of October 17th."
"At approximately what hour?"
"At approximately the hour of sixfifteen o'clock in the evening."
"Were you at the house after that hour?"
"I was not. I left at that time, and Mr Clinton Forbes was alive and well then. The next time I saw him he was dead."
"What did you notice about the condition of the body?" asked Drumm.
"You mean about the shaving?"
"Yes."
"He had evidently been shaving. There had been lather on his face, and some of it still remained. He was in the library of his house, and there was a bedroom adjoining the library, and a bathroom adjoining the bedroom."
"Where was the dog kept?"
"The dog," said Thelma Benton, "had been kept chained in the bathroom since the time when a complaint was made by a neighbor."
"I think," said Claude Drumm, "that you may crossexamine upon the matters thus far brought out in evidence."
Perry Mason nodded his head languidly. The eyes of the jurors shifted to him.
He spoke in a deeply resonant voice, but without emphasis, and in a low tone.
"The complaint was made that the dog was howling?" he asked, almost conversationally.
"Yes."
"By the next door neighbor?"
"Yes.
"And that neighbor was Mr. Arthur Cartright, the husband of the woman who was posing as the wife of Clinton Forbes?"
"Yes."
"Was Mrs. Cartright in the house at the time of the murder?"
"She was not."
"Where was she, if you know?"
"I don't know."
"When did you last see her?"
Claude Drumm was on his feet.
"Your Honor," he said, "it is obvious that this will be a part of the case of the defendant. It is improper crossexamination at this time."
"Overruled," said Judge Markham. "I will permit the question because you asked, on direct examination, about the various occupants of the house. I think the question is proper."
"Answer the question," said Perry Mason.
Thelma Benton raised her voice slightly and spoke rapidly.
"Paula Cartright," she said, "left the house on the morning of the 17th of October. She left behind her a note stating that…"
"We object," said Claude Drumm, "to the witness testifying as to the contents of the note. In the first place, it is not responsive to the question. In the second place, it is not the best evidence."
"No," said Judge Markham, "it is not the best evidence.
"Where then," asked Perry Mason, "is the note?"
There was a moment of awkward silence. Thelma Benton looked toward the district attorney.
"I have it," said Claude Drumm, "and intend to introduce it later on."
"I think," said Judge Markham, "the crossexamination upon this point has proceeded far enough, and that the question as to the contents of the note will not be permitted."
"Very well," said Perry Mason, "I think that is all at this time."
"Call Sam Marson," said Claude Drumm.
Sam Marson was sworn, took the witness stand, testified that his name was Sam Marson; that his age was thirtytwo; that he was a taxicab driver, and had been such on the 17th of October of the present year.
"Did you see the defendant on that date?" asked Claude Drumm.
Marson leaned forward to stare at Bessie Forbes, who sat in a chair directly back of Perry Mason, flanked by a deputy sheriff.
"Yes," he said, "I seen her."
"When did you first see her?"
"About ten minutes past seven."
"Where?"
"In the vicinity of Ninth and Masonic Streets."
"What did she do?"
"She signaled me, and I pulled in to the curb. She told me she wanted to go to 4889 Milpas Drive. I took her out there and then she told me to go and ring up Parkcrest 62945 and ask for Arthur, and tell him to go over to Clint's house right away, because Clint was having a showdown with Paula."
"Very well, what did you do?" asked Claude Drumm.
"I took her there and went and telephoned, like she said, and then I came back.
"Then what happened?"
"Then she came out and I took her back to a place right near the Breedmont Hotel, and she got out."
"Did you see her again that night?"
"Yes."
"When?"
"I don't know. Near midnight, I guess. She came up to the taxicab and said that she thought she'd left the handkerchief in the cab. I told her she had, and gave it to her."
"She took it?"
"Yes."
"And that was the same person you had taken out to the residence at 4889 Milpas Drive?"
"Yes, that was the one."
"And you say that is the defendant in this case?"
"Yes. That's her."
Claude Drumm turned to Perry Mason.
"You may crossexamine," he said.
Perry Mason raised his voice slightly.
"The defendant left a handkerchief in your taxicab?"
"Yes."
"What did you do with it?"
"I showed it to you, and you told me to put it back."
Claude Drumm chuckled.
"Just a moment," said Perry Mason. "You don't need to bring me into this."
"Then keep yourself out of it," said Claude Drumm.
Judge Markham banged with his gavel.
"Order!" he said. "Counselor, did you wish to ask to have that answer stricken out?"
"Yes," said Perry Mason, "I move to strike it out on the ground that it is not responsive to the question."
"The motion is denied," said Judge Markham sternly. "The court believes that it was responsive to the question."
A broad smile suffused the face of the deputy district attorney.
"Did the deputy district attorney tell you what you were to testify to in this case?" asked Perry Mason.
"No, sir."
"Didn't he tell you that if I gave you the slightest opportunity, you were to testify that you had given that handkerchief to me?"
The witness squirmed uncomfortably.
Claude Drumm got to his feet with a vehement objection. Judge Markham overruled the objection, and Sam Marson said slowly, "Well, he told me that he couldn't ask me about what you had said to me, but that if I got a chance, it was all right to tell the jury."
"And did he also," asked Perry Mason, "tell you that when he asked you if the defendant was the person who had engaged your taxicab on the night of October 17th, you were to lean forward and look at her, so that the jury could see you were studying her features?"
"Yes, he told me to do that."
"As a matter of fact, you'd seen the defendant on several occasions prior to the time you gave your testimony. She'd been pointed out to you by the officers, and you'd seen her in the jail. You'd known for some time she was the person who engaged your taxicab on that night, isn't that right?"
"I guess so, yes."
"So that there was no necessity whatever for you to lean forward and study the features of the defendant before you answered that question."
"Well," said Marson uncomfortably, "that's what I was told to do."
The smile had faded from Claude Drumm's face, and was replaced by a frown of irritation.
Perry Mason slowly got to his feet, stood staring for a long moment at the witness.
"Are you absolutely certain," he said, "that it was the defendant in this case who hired your taxicab?"
"Yes, sir."
"And absolutely certain that it was the defendant who came to you later on the same evening and asked you about the handkerchief?"
"Yes, sir."
"Isn't it a fact that you were not certain at the time, but that this feeling of certainty in your mind has been built up, following interviews with the authorities?"
"No, I don't think so. I knew her."
"You're certain that it was the defendant upon both occasions?"
"Yes."
"And you're certain that it was the defendant who called for the handkerchief, as you are that it was the defendant who hired you to take her out to Milpas Drive?"
"Yes, it was the same person."
Perry Mason turned abruptly and dramatically toward the back of the crowded courtroom. He flung out a hand in a swiftly dramatic gesture.
"Mae Sibley," he said, "stand up." There was a slight commotion, and then Mae Sibley stood up.
"Take a look at that person and tell me if you have ever seen her before," said Perry Mason.
Claude Drumm jumped to his feet.
"Your Honor," he said, "I object to this form of testing the recollection of the witness. It is not a proper test; nor is it proper crossexamination."
"Do you intend to connect it up, Counselor?" asked Judge Markham of Perry Mason.
"I will do better than that," said Perry Mason. "I will withdraw the question, as it was asked, and ask you, Samuel Marson, if it is not a fact that this woman who is now standing in the courtroom is not the woman who called for the handkerchief on the evening of October 17th of this year, and the woman to whom you gave the handkerchief which had been left in the taxicab?"
"No, sir," said Samuel Marson, pointing toward the defendant, "that was the woman."
"There's no chance you're mistaken?" asked Perry Mason.
"No, sir."
"And if you are mistaken as to the identity of the woman who called for the handkerchief, you might also be mistaken as to the identity of the woman who was taken by you to that house on Milpas Drive?"
"I ain't mistaken about either of 'em, but if I was mistaken on one, I could be mistaken on the other," said Marson.
Perry Mason smiled triumphantly.
"That," he said, "is all."
Claude Drumm was on his feet.
"Your Honor," he said, "may I ask for a recess until tomorrow morning?"
Judge Markham frowned and nodded his head slowly.
"Yes," he said, "the Court will adjourn until ten o'clock tomorrow morning. During the recess, the jury are admonished not to talk about the case among themselves; nor to permit it to be discussed in their presence."
Judge Markham banged his gavel, arose and stalked majestically toward his chambers in the rear of the courtroom. Perry Mason noticed Claude Drumm glance significantly at two deputies, and saw these deputies push their way through the crowd to the side of Mae Sibley. Perry Mason also pushed his way through the crowd, his shoulders squared, chin outthrust. He reached the young woman's side but a few moments after the deputies had closed in on her.
"Judge Markham wants to see all three of you in his chambers," he said.
The deputies looked surprised.
"This way," said Perry Mason, and, turning, started pushing his way back toward the space within the bar.
"Oh, Drumm," he called, raising his voice.
Claude Drumm, who was about to leave the courtroom, paused.
"Would you mind stepping into the chambers of Judge Markham with me?" asked Perry Mason.
Drumm hesitated a moment, then nodded.
Together, the two attorneys entered the chambers. Behind them came the two deputies and Mae Sibley.
The Judge's chambers were lined with law books. A huge desk in the center of the room was littered with an orderly array of papers and law books that were held open. Judge Markham looked up.
"Judge," said Perry Mason, "this young woman is a witness of mine. She is under subpoena for the defense. I noticed that at a signal from the deputy district attorney, two deputies have approached her. May I ask the Court to instruct the witness that she needs to talk to no one until she is called as a witness, and to instruct the deputies that they are not to annoy her?"
Claude Drumm flushed, walked back and kicked the door shut.
"Now, then," he said, "since you've brought this subject up, and since court isn't in session, we'll settle it right here and now."
Perry Mason glared at him belligerently.
"All right," he said, "go ahead and settle it."
"What I intended to do," said Claude Drumm, "was to find out from this young woman if she had been paid to impersonate the defendant. I wanted to find out if an arrangement had been made with her to approach this taxicab driver and claim that she was the person who had hired the taxicab earlier in the day, and who had left a handkerchief in the cab."
"All right," said Perry Mason, "suppose she said yes to all of that; then what did you intend to do?"
"I intended to discover the identity of the person who had paid her to make such false representations and to get a warrant for his arrest," said Claude Drumm.
"All right," said Perry Mason in an ominous drawl, "I'm the person. I did it. What are you going to do about it?"
"Gentlemen," said Judge Markham, "it seems to me this discussion is getting somewhat beyond the subject."
"Not a bit of it," said Mason. "I knew this was coming and I want to have it settled right here and now. There's no law against a woman impersonating another. It's no crime to claim to be the owner of lost property, unless the claim is made for the purpose of obtaining the possession of that lost property."
"That was exactly the purpose of this deception," shouted Claude Drumm.
Perry Mason smiled.
"You'll remember, Drumm," he said, "that I rang up the authorities and turned the handkerchief over to them, just as soon as it had been given to me, and that Miss Sibley gave it to me just as soon as she received it from the taxi driver. What I was doing was testing the recollection of the taxi driver. I knew blamed well that by the time you got done coaching him, he'd be so positive of the identity of the defendant, that no amount of crossexamination would shake him. I crossexamined him first, and by an object lesson, rather than by questions, that's all. I was within my rights."
Judge Markham looked at Perry Mason, and there was a twinkle in his eyes.
"Well," he said, "the Court isn't called upon at this time to pass upon the ethics of the question, and it isn't called upon to pass upon the question of whether there was a larceny of a handkerchief. The Court is only called upon to pass upon your request, Counselor, that your witnesses be allowed to give their testimony in court, and that the officers do not seek to intimidate them."
"That's all I want," said Perry Mason, but his eyes remained fastened on Claude Drumm. "I know what I'm doing, and I'm responsible for what I do, and I don't want any woman terrified by a lot of bullies."
"What you've done will get you before the grievance committee of the Bar Association!" shouted Claude Drumm.
"That's fine," Perry Mason told him. "I'll be only too glad to discuss the matter with you there. But in the meantime, you keep your hands off my witnesses."
"Gentlemen, gentlemen," snapped Judge Markham, getting to his feet. "I'm going to insist upon order. Counselor Mason has presented a request. You should know, Mr. Drumm, that the request is in order. If this person is a witness subpoenaed by the defense, you will refrain from seeking to intimidate her."
Claude Drumm gulped and colored visibly.
"Very well," he said.
"This way," said Perry Mason, smiling, and taking Mae Sibley's arm, took her from the chambers.
As he opened the door into the courtroom, there was a vivid flash of light, a sudden "poof."
The girl screamed and covered her face.
"Don't get excited," Perry Mason told her. "It's just newspaper photographers taking your picture."
Claude Drumm pushed his way to Mason's side. His face was white, his eyes blazing.
"You deliberately engineered that whole thing!" he said. "Just to get a dramatic story on the front page of the newspapers!"
Perry Mason grinned at him.
"Any objections?" he asked.
"Lots of them!" blazed Claude Drumm.
"All right," said Perry Mason slowly and ominously, "be damn careful how you make them."
For a long moment the two men glared at each other, Claude Drumm, white with fury, but impotent against the rugged strength of the criminal lawyer, stared into the steady eyes and knew that he was licked. Still white with fury, he turned on his heel and walked away.
Perry Mason turned to Mae Sibley.
"I didn't want you talking to the deputies," he said, "but there's no reason why you can't talk with the newspaper reporters."
"What shall I tell them?" she asked.
"Tell them anything you know," he said, and lifted his hat as he walked away. From the door of the courtroom, he looked behind him.
Half a dozen newspaper reporters eagerly surrounded Mae Sibley, and were asking frantic questions.
Still smiling, Perry Mason pushed his way through the swinging door, out into the corridor.