The Case of the Blonde Bonanza

CHAPTER FIFTEEN

Carter Leland, the district attorney of Riverside County, said to the magistrate, "If the Court please, this is a simple matter of a preliminary hearing. We propose to show that the defendant in this case had a business arrangement with the decedent, Harrison T. Boring; that she became convinced Boring had swindled her, that she was exceedingly indignant, that she went to the Restawhile Motel in order to see him and did see him; that she was the last person to see Boring alive and that when she left the room Boring was in a dying condition.

"That is all we need to show, in fact more than we need to show, in order to get an order binding the defendant over for trial."

"Put on your case," Judge Warren Talent said.

"My first witness is Montrose Foster," Leland announced.

Montrose Foster came forward, held up his right hand, was sworn, seated himself nervously on the witness stand.

"Your name is Montrose Foster, you reside in Riverside and have for some two years last past? You are the president of Missing Heirs and Lost Estates?"

"That is true."

"On last Tuesday, the day of the murder as charged in the complaint, did you have occasion to talk with the defendant?"

"I did."

"Where did this conversation take place?"

"At Bolero Beach."

"Did the defendant make any statement to you about her feeling toward Harrison T. Boring?"

"She did."

"What did she say?"

"She said she could kill him."

Leland turned abruptly and unexpectedly to Perry Mason. "Cross-examine," he said.

"Is that all you're going to try to bring out on direct examination?" Mason asked.

"It's enough," Leland snapped. "I don't intend to let this preliminary hearing become a three-ring circus."

Mason turned to the witness. "Did you," he asked, "say something to the defendant that was well calcuculated to cause her to make that statement?"

"Objected to," Leland said, "as calling for a conclusion of the witness. He can't testify as to what was in the defendant's mind or what was calculated to arouse certain emotions, but only to facts."

"Sustained," Judge Talent said. "I think you can reframe the question, Mr. Mason."

"I'll be glad to, Your Honor," Mason said, and turned to the witness. "Did you try to say something that would be calculated to arouse her rage toward the defendant?"

"Why, Your Honor," Leland said, "that's exactly the same question. That's a repetition of the same question calling for a conclusion of the witness and in defiance of the ruling of the Court."

"No, it isn't," Mason said. "This question now relates to, the state of mind of the witness."

"And that's completely immaterial," Leland said.

Mason grinned. "You mean I can't show his bias?"

Leland started to say something, caught himself.

Judge Talent smiled and said, "The question has been skillfully reframed. The objection is overruled."

"I told her certain things about Boring," Foster said.

"The question, Mr. Foster, was whether you tried to arouse her anger against Boring by what you told her."

"Very well. The answer is yes."

"You deliberately tried to arouse the defendant's anger?"

"I told you, yes."

"Did you tell her that Boring had been attempting to sell her into white slavery?"

"Well-that was her idea."

"You agreed with it?"

"I didn't disagree with it."

"At no time during the conversation did you mention that Boring's purpose in his dealings with her was one of immorality?"

"Well, she brought that subject up herself."

"And you, in your conversation, encouraged her in that belief?"

"Yes."

"And told her that Boring had deceived her in order to get her to sign an agreement which was intended to enable him to sell her into white slavery?"

"I didn't tell her that. She told me that."

"You agreed with her?"

"Yes."

"And then, after that, you told her that was Boring's objective?"

"All right, I did."

Mason smiled. "Now, you knew what Boring was after, didn't you, Mr. Foster? Didn't you tell me that Boring had located some property and an estate to which the defendant could establish title?"

"That's what he was after, yes."

"And you knew what he was after?"

"Of course I did."

"Then that was his real objective?"

"Yes."

"Therefore when you told the defendant that the purpose of Boring's contract with her was to get her in his power for other reasons, you lied to her."

"I let her deceive herself."

"Answer the question," Mason said. "When you told her that, you lied to her."

"That's objected to-it's not proper cross-examination," Leland said. "It also assumes facts not in evidence."

"Objection overruled on both counts," Judge Talent said.

"All right," Foster snapped, "I lied to her."

"You did that in order to get an advantage for yourself?"

"Yes."

"You are, then, willing to lie as a part of your everyday business transactions in order to get an advantage for yourself?"

"I didn't say that," the witness said.

"I'm asking it," Mason said.

"The answer is no."

"You don't generally lie in order to get an advantage for yourself?"

"That certainly is objectionable, Your Honor," Leland said.

"I think so. The objection is sustained," Judge Talent ruled.

"But you did tell such a lie in order to get such an advantage in this case," Mason said.

"Yes," the witness snapped.

"Now, on the evening of the murder, you yourself saw Harrison T. Boring at the Restawhile Motel, did you not?"

"Yes."

"And had an interview with the decedent?"

"Yes."

"Your Honor," Leland said, "the prosecution wishes to object to any testimony as to what took place at that interview. It was not brought out on direct examination, and if counsel wants to go into it, he must make this witness his own witness."

"I think it shows motivation and bias," Mason said.

"I'm inclined to agree with you," Judge Talent said. "I think you can at least show the bias and interest of this witness, and if it appears that he himself was in contact with the decedent on the day of the murder, that may well establish an interest."

Mason turned to the witness. "Did you lie to Boring at the time you had that interview with him?"

"No."

"You didn't tell him that this defendant was going to repudiate any arrangement she might have with him, but that if Boring would let you in on the secret of what he had discovered, you would co-operate with Boring and would keep the defendant in line and you would share whatever property she was entitled to fifty-fifty- words to that effect?"

"That was generally the nature of my proposition."

"But you didn't have the defendant tied up with any agreement?"

"I felt I could secure such an agreement."

"But you told Boring you had her tied up?"

"Something of that sort."

"So you lied to Boring?"

"All right!" the witness shouted. "I lied to Boring. He lied to me and I lied to him."

"Whenever it suits your advantage, you're willing to lie?" Mason asked.

"If the Court please," Leland said, "that's the same question that has already been ruled on. I object to it."

"Sustained," Judge Talent said.

"So, on last Tuesday," Mason said, "in connection with your ordinary business activities, in two interviews you told lies in order to get an advantage for yourself."

"Same objection," Leland said. "It's the same question, Your Honor."

"I don't think it is," Judge Talent said. "It is now a specific question as to two interviews with two people. However, I'm going to sustain the objection on the ground that the question has already been asked and answered. The witness had admitted lying to each of two people on the same day."

Mason turned to the witness. "And are you lying now?"

"No."

"Would you lie if it suited your advantage?"

"Objected to as not proper cross-examination, and as argumentative," Leland said.

"Sustained," Judge Talent said.

"Did you have any physical altercation with Boring at the time you saw him?"

"I- It depends on what you mean by a physical altercation."

"Did Boring hit you?"

"No."

"Did he grab you by the coat or other garment?"

"He pushed me."

"Did he throw you out?"

"He tried to."

"But wasn't man enough to do it?"

"No."

"Because you resisted him?"

"Yes."

"And how did you resist him?"

"I poked him one."

"So," Mason said, smiling, "on the day of Boring's death, on this Tuesday evening, you went to see the decedent shortly before his death. You had lied to the defendant, you lied to Boring, you engaged in a struggle with him and you poked him. Is that right?"

"All right, that's right," Foster said.

"You had reason to believe Boring had a large sum of money on him and you demanded that he surrender a part or all of that money to you-that he divide it with you?"

"Objected to as not proper cross-examination," Leland said.

Judge Talent thought the matter over, then said, "I'm going to sustain that objection."

"Did you get some money from him?" Mason asked.

"Same objection."

"Same ruling."

"No further questions," Mason said.

"That's all," Leland said. "I'll call Steven Dillard as my next witness."

Moose Dillard lumbered to the stand, his huge frame seeming to sag inside of his coat. His eyes were downcast and he studiously avoided Perry Mason.

"What's your name?" Leland asked.

"Steven Dillard."

"What's your occupation?"

"I'm a detective."

"A private detective?"

"Yes, sir."

"Were you employed as such on last Tuesday?"

"Yes."

"Did you know the decedent, Harrison T. Boring?"

"I had seen him."

"When had you first seen him?"

"On Monday."

"Where?"

"Leaving Perry Mason's office."

"And what did you do with reference to following him?"

"I had put an electronic bug on his automobile."

"By that you mean an electronic device for the purpose of enabling you to follow the automobile?"

"Yes."

"Can you describe this device?"

"It is a battery-powered device which. was attached to his car and which sends out signals which are received by a companion device attached to the car I was driving. By using it I didn't need to get close to the car I was tailing."

"And you thereafter shadowed Mr. Boring?"

"Yes."

"You followed him to the Restawhile Motel in Riverside?"

"Yes."'

"And as a part of your shadowing operations secured a unit directly across from him?"

"That's right."

"What time did you check into that unit on last Tuesday?"

"At about six o'clock in the evening."

"Did you keep Unit to, in which Harrison Boring was registered, under surveillance?"

"I did."

"During that evening did you see the defendant?"

"I did."

"At what time?"

"I kept some notes. May I look at those notes?"

"Those notes were made by you?"

"Yes."

"They are in your handwriting?"

"Yes."

"And were made at the time?"

"Yes."

The district attorney nodded. "You may consult the notes for the purpose of refreshing your recollection."

Dillard said, "The defendant came to his cabin at about nine o'clock and left at nine-twelve."

"Are you certain of your time, Mr. Dillard?"

"Absolutely."

"Do you know that your watch was correct?"

"It is my custom to carry an accurate watch, and when I am on a job I make it my habit to check the watch with the radio."

"Did you notice anything about the defendant's manner that would indicate emotional agitation when she left?"

"She was in a tremendous hurry. She almost ran out of the unit and around to the side of her automobile and jumped in the car."

"You recognized the defendant?"

"Yes."

"You took down the license number of the automobile she was driving?"

"Yes."

"What was it?"

"It was TNM 148."

"Did you subsequently check the registration slip on that automobile?"

"I did."

"And what name appears on that registration slip fastened to the steering post of the automobile?"

"The name of Dianne Alder."

"And after she left, who else went into the Boring cabin?"

"No one, until the manager of the motel looked in just long enough to open the door, step inside, then hurry out."

"And after that, who else came?"

"Two police officers."

"And after that, who else went in?"

"Two stretcher bearers."

"This was while the police were there?"

"Yes."

"Then, from the time the defendant left that cabin, no one else entered the cabin until the officers came. Is that right?"

"That's right."

"Cross-examine," Leland snapped to Perry Mason.

"I may have misunderstood your testimony," Mason said. "I thought you said that from the time the defendant left the cabin no one entered it until the officers entered."

"That's right."

"How about the manager of the motel? Didn't she enter?"

"Well, she just looked in and out."

"What do you mean by looked in."

"Opened the door and looked in."

"Did she enter the unit?"

"It depends on what you mean by enter. She stood there in the doorway."

"Did she step inside?"

"Yes."

"Did she close the door behind her?"

"I… I don't think so."

"You have your notebook there in which you kept track of the times?"

"Yes."

"May I see that notebook?" Mason asked.

The witness handed it over.

Mason said, "You show that a man who was driving a sports car entered the unit."

"That was earlier."

"Then another man entered the unit, a man who, according to your notes, wore dark glasses."

"Your Honor," Leland said, "if the Court please, I object to this line of interrogation. The purpose of my examination was to show only that the defendant entered the building and was the last person to see the decedent alive; that she was in there a full twelve minutes and that when she departed she was greatly agitated.

"Now then, the witness has refreshed his memory from notes made at the time. Mr. Mason is entitled to examine him on those notes only for the purpose of showing the authenticity of the notes. He cannot go beyond the scope of legitimate cross-examination and ask questions about matters which were not covered in my direct examination."

"I think under the circumstances that places an undue restriction upon the cross-examination," Judge Talent said.

Leland remained standing. "If the Court please, I don't want to argue with Your Honor, but this is a very vital matter. It is possible to confuse the issues if the door is opened on cross-examination to a lot of collateral matters. This is only a preliminary hearing. I only need to show that a crime was committed and that there is reasonable ground to connect the defendant with the commission of that crime. That is the only purpose of this hearing and that's all I need to show."

Judge Talent turned to Mason. "Would you like to be heard on this, Counselor?"

"I would," Mason said. "It is my contention that the testimony of this witness is valueless without his notes. I propose to show that his notes are inaccurate and then I am going to move to strike out his entire evidence."

"You aren't trying at this time, by cross-examining him about other persons who entered the unit, to do anything other than question the validity of his notes?"

"That is the primary purpose of my examination."

"Objection overruled," Judge Talent said. "You may certainly examine him on his notes."

"Answer the question," Mason said.

"My notes show that a man entered at eight and was out at eight-fifteen; that another man entered at eight-twenty and was out at eight-thirty-five; that a woman entered at eight-thirty-six and was out at eight-forty-five; that a man in dark glasses entered at eight-forty-six and was out at eight-fifty; that the defendant entered at nine and was out at nine-twelve."

"When was the last time you saw the decedent?" Mason asked.

"When he entered Unit 10."

"You didn't see him personally come to the door to admit any of these people whom you have mentioned in your notes?"

"No… Now, wait a minute. I did see the decedent go out to the parking lot where my car was parked and look at the registration. That was shortly after we had checked in at the motel, sometime before he had any visitors."

"I'm not asking about that at this time," Mason said, "I notice that your notes show nothing after nine-twelve."

"That's when the defendant went out."

"And your notes show nothing else?"

"That was when I quit taking notes."

"Why did you quit taking notes? Did you know the man was dead?" Mason asked.

"Oh, Your Honor, I object to that," Leland said. "That question is absurd."

"There must have been some reason the man stopped taking notes," Judge Talent said. "I think counsel is entitled to cross-examine him about his notes. The objection is overruled."

"Well, I quit taking notes when the defendant left because..

"Because what?" Mason asked.

"Because you and my boss were there personally and you could see for yourself what went on."

"Oh, I see," Mason said. "Then you quit taking notes when I came to the cabin. Is that right?"

"Yes."

"And you want us to understand that your notes are accurate up to that time?"

"Yes."

"But," Mason said, "your notes don't show the arrival of the police officers. Your notes don't show the arrival of the ambulance."

"Well, I told you about them."

"But you didn't know we were going to come."

"I expected you."

"So you quit taking notes when you expected we would come."

"Well, I didn't think it was necessary to take notes on those. That wasn't why I was shadowing the man."

"And," Mason said, "your notes don't show the time the manager of the motel entered that unit, how long she was in there, or when she came out."

"Well, she just looked in and out and I didn't think that was important."

"Oh," Mason said, "you want us then to understand that your notes only show the matters that you considered important. In other words, if anyone entered the unit and you didn't think that person was important, it doesn't show in your notes."

"Well, I- All right," Dillard blurted, "I overlooked a bit there. I didn't put down the time the manager came in."

"Or the time she went out?"

"She came in and went out all at the same time."

"Came and went in the same instant?" Mason asked, feigning incredulity.

"Well, you know what I mean. She went in and-she was only in there a second and then she came running out."

"There was a teiphone in the unit which you occupied?"

"Yes."

"And you mentioned that you had a boss there in Riverside?"

"A man who was above me in the organization for which I am working, yes."

"You are referring to Sidney Nye?"

"Yes."

"And you called Sidney Nye?"

"Yes."

"When?"

"Right after the manager of the motel came running out. I figured there was something wrong."

"Let's see if I can understand the floor plan of the room which you occupied. There was a bed in that room?"

"Yes."

"A chair?"

"Yes."

"There was a window looking out on the parking place, and by sitting at that window you could look across and see the entrance to Unit to?"

"Yes."

"And there was a telephone?"

"Yes."

"Where was the telephone?"

"By the bed."

"Now, after you saw the manager come running out, you went to the telephone and called a report in to Sid Nye, didn't you?"

"Well, I didn't report but I gave him the signal something was wrong."

"And what did you say?"

"I got him on the phone and said, "Hey Rube."

"You had previously worked in a circus?"

"Yes."

"And "Hey Rube" is a rallying cry for the circus people to unite in a fight against the outsiders?"

"Something to that effect, yes."

"Did you have any trouble in getting Sid Nye?"

"No, he answered the phone as soon as it rang."

"I asked you," Mason said, "if you had any trouble in getting Sid Nye."

"Well, yes. The manager, of course, was busy notifying the police and-"

"You don't know what the manager was doing," Mason said. "You couldn't see her, could you?"

"No."

"Then you don't know what she was doing."

"Well, I surmised what she was doing because I had to sit at the phone for such a long time before anyone answered."

"You knew that the calls went through a switchboard there in the office?"

"Yes."

"And she had to connect you with an outside line?"

"I had to give her the number and she would call it."

"Now, while you were at the phone, you had your back to the window, didn't you?"

"I couldn't be in two places at the same time."

"Exactly," Mason said. "You had previously called Sid Nye, earlier in the evening, hadn't you?"

"No, I- Yes, wait a minute, I did. I told him I had been made."

"What did you mean by that?"

"I meant that the subject had become suspicious and had gone out and had looked at the registration certificate on my car."

"That was the last time you saw him?"

"Yes."

"And while he was doing that you telephoned Sid Nye?"

"No, I waited until after he'd turned his back and gone into the motel unit that he occupied."

"That was Unit Number 10?"

"Yes."

"And then you telephoned Sid Nye and told him you had been made?"

"Yes."

"Any other conversation?"

"That was about it."

"Didn't you tell him you were hungry?"

"Well, that's right. I asked him if I should go out to dinner."

"And what did he say?"

"No. He told me to sit tight. He-I think he was in your room at the time and was talking with you and relaying your instructions."

"And during that time you were at the telephone?"

"Of course I was at the phone."

"And had your back turned toward the window?"

"Yes."

"So," Mason said, "as far as your notes are concerned they are inaccurate and incomplete in that they don't show anything that happened after the defendant left the unit."

"There wasn't anything else that happened, except that the police came."

"And the manager of the motel?"

"And the manager of the motel."

"And, during the time you had your back turned while you were telephoning or trying to get a connection through the switchboard, any number of people could have come and gone."

"Well-Like I told you, Mr. Mason, I couldn't be in two places at the same time."

"So," Mason said, "as far as you know, Boring wasn't in Unit to at all during the time the defendant was there."

"How do you mean?"

"The decedent could have left that unit while you were telephoning Nye to tell him that you had been made, as you expressed it, and the decedent could have again entered the unit after the manager had entered the unit and then left in a hurry, and while you were telephoning Sid Nye to say Hey Rube."

"All right," Dillard said, "I kept the place under surveillance but I can't be everyplace at once. Naturally when I was at the telephone I couldn't be there at the window, and when I went to the bathroom I wasn't there."

"Oh," Mason said, "then you weren't at the window all of the time."

"No. I did a reasonable job of surveillance and that's all you can expect."

"So your notes are inaccurate in that they don't show every person who came to the unit and they don't show every person who left."

"Those notes are accurate."

"They show the persons that you saw entering and the persons you saw leaving," Mason said, "but you don't know how many other people could have gone in or gone out that you didn't see."

"I'd have seen them, all right."

"But you were in the bathroom on at least one occasion?"

"Yes."

"Perhaps two?"

"Perhaps."

"And you didn't put down the time the manager of the motel was in there?"

"No."

"Or the time she left?"

"No."

"That's all," Mason said.

"If the Court please," Leland said, "I intended to let that conclude my case but under the circumstances and in view of the highly technical point raised by counsel I will call the manager of the motel.

"Mrs. Carmen Brady, will you come forward and be sworn, please?"

Mrs. Brady was sworn, identified herself as the manager of the motel.

"On Tuesday night did you have occasion to go to Unit 10?"

"I did."

"What time was this?"

"I made a note of the time. It was exactly nine-twelve."

"And what happened?"

"The telephone rang and a woman's voice said that I had better check on the man in Unit to, that he seemed to be ill. I hung up the telephone, went to the unit and looked in and Mr. Boring was lying there on the floor. He was breathing laboriously and heavily and I dashed back and called the police."

"Cross-examine," Leland snapped at Perry Mason.

"What time did this call come in?" Mason asked.

"At twelve minutes past nine."

"You went to the unit?"

"Yes."

"How long were you in there?"

"No time at all. I opened the door and saw this man lying on the floor and turned and dashed out and notified the police."

"At once?"

"At once."

"Did you close the door behind you when you entered the motel unit?"

"I… I can't remember, Mr. Mason. I think I started to close the door and then saw the man on the floor and was startled and ran toward him and bent over him and saw he was still alive and then I dashed out of the unit and called the police."

"How do you fix the time of the call as being nine-twelve?"

"I made a note of it."

"At the suggestion of the police?"

"Yes."

"Then you marked down the time, not at the time the phone call was received but at some time afterwards?"

"Within a few minutes afterwards."

"How long afterwards?"

"Well, I called the police and told them the man was injured, and they wanted to know how I knew and I told them about having received a tip over the telephone, and the police officer suggested that I make a note of the time."

"So you made a note of the time."

"Yes."

"And what time was that?"

"It was just a little after nine-thirteen."

"Then you made a note of nine-twelve, a little after nine-thirteen?"

"Well, I thought the call had been received a minute earlier."

Mason said, "You received this call. You hung up the telephone and went at once to Unit 10?"

"Yes."

"And then went back to the motel and then picked up the telephone and called the police."

"Yes."

"How far is it from the office to the motel unit?"

"Not over seventy-five feet."

"Did the police tell you it was then nine-thirteen?"

"Not at the time, no."

"How did you fix the time?"

"By the electric clock in the office."

"And did that clock show the time as nine-thirteen?"

The witness hesitated.

"Did it?" Mason asked. "Yes or no?"

"No. The clock showed the time as nine-seventeen."

"Yet you now swear it was actually nine-thirteen?"

"Yes."

"On what basis?"

"The police records show I called at nine-thirteen. Their time is accurate to the second. Later on when I checked my clock I found it was fast."

"When did you check it?"

"The next day."

"You did that after you found there was a discrepancy between your time and that on the police records?"

"Yes."'

"I think that's all," Mason said. "I have no further questions."

"I'll call Dr. Powers to the stand," Leland said.

Dr. Powers took the stand.

"Did you have occasion to perform an autopsy on a body on Wednesday morning?"

"I did."

"Had you previously seen that individual?"

"I had treated him when he arrived in an ambulance at the emergency room."

"What was his condition at that time?"

"He was dying."

"When did he die?"

"About twenty minutes after his arrival."

"Do you know the cause of death?"

"A fracture of the skull. He had been hit with some blunt instrument on the back of the head."

"He was hit with a blunt instrument, Doctor?"

"As nearly as I can tell."

"There was a fracture of the skull?"

"Yes."

"And it resulted in death?"

"Yes."

"Cross-examine," Leland said.

"There was no external hemorrhage?" Perry Mason asked.

"No."

"An internal hemorrhage?"

"Yes. Within the skull there was a massive hemorrhage."

"Injuries of this sort could have been sustained by a fall, Doctor?"

"I don't think so. The portion of the skull in question had received a very heavy blow from some heavy object."

"Such as a club?"

"Perhaps."

"A hammer?"

"I would say, more in the nature of a bar of some sort."

"Perhaps a pipe."

"Perhaps."

"Did you notice any other injuries?"

"Well, I noticed a contusion on the side of the man's face, a rather slight contusion but nevertheless a contusion."

"You mean a bruise?"

"Yes."

"Technically a traumatic ecchymosis?"

"Yes."

"Any other injuries?"

"No."

"No further questions," Mason said.

"I'll call Herbert Knox," Leland said.

Knox came forward, was sworn, identified himself as an officer, stated that he had received a radio report at nine-fifteen to go to the Restawhile Motel; that he arrived at approximately nine-eighteen, was directed to Unit to; that he there found a man who was injured, that this was the same man who had been taken to the emergency unit and turned over to Dr. Powers, the Witness who had just testified; that the man was then, in his opinion, in a dying condition and that the witness subsequently saw the body in the morgue and it was the body of the same individual he had first seen in Unit 10 at the Restawhile Motel.

"Cross-examine," Leland said.

"Did you notice the odor of whiskey in the unit?" Mason asked.

"I certainly did. Whiskey had been spilled over the clothes of the injured man. The odor was strong."

"You made an inventory of the things in the room?"

"Later on, yes."

"There was a traveling bag and some clothes?"

"Yes, a two-suiter and a traveling bag."

"Did you find any money?"

"Not in the unit, no."

"Did you at any time search the injured man for money?"

"Not until after his arrival at the hospital. I personally searched the clothes which were removed from him."

"Did you find any money?"

"A hundred and fifteen dollars and twenty-two cents in bills and coins," the officer said.

"There was no more?"

"No. He was wearing a money belt. It was empty."

"Did you search Boring's automobile?"

"Yes."

"Did you find any money?"

"No."

"As far as you know, the money which you have mentioned represented the entire cash which he had?"

"Yes."

"That's all," Mason said.

"That's our case, if the Court please," Leland said. "We ask that the defendant be bound over for trial."

"Does the defense wish to make any showing?" Judge Talent asked. "If not, it would seem that the order should be made. This is simply a preliminary hearing and it has been established that a crime has been committed and that there is at least reasonable ground to believe the defendant is connected with the commission of the crime."

Mason said, "It is now eleven-thirty. May I ask the Court for a recess until two o'clock, at which time the defense will decide whether we wish to put on any case?"

"Very well," Judge Talent said. "We'll continue the case until two P.M. Will that give you sufficient time, Mr. Mason?"

"I think so, yes," Mason said.

After court adjourned, newspaper reporters interviewed Mason and Leland briefly.

Leland, coldly aloof, said, "I am fully familiar with counsel's reputation for turning a preliminary hearing into a major courtroom controversy. It is entirely improper and, if I may say so without criticizing my brother district attorneys, I think the reason is that some of those district attorneys have become a little gun shy of Mr. Mason. They try to put too much evidence and that gives the defense an opportunity to make a grandstand showing."

The newspaper reporter turned to Mason. "Any comment?" he asked.

Mason grinned and said, "I'll make my comment at two o'clock this afternoon," and walked out.