The Case of the Calendar Girl

Chapter Ten

When court reconvened at two o’clock, Paul Drake had a whispered word of warning for Perry Mason.

“Watch Sam Drew,” he said. “He’s so tickled he can hardly contain himself. Something has happened during the recess that has given him a big kick. The gossip is that he’s passed the word down the line, and Hamilton Burger, the district attorney, is coming in to watch you fall flat on your face.”

“Any idea what it’s all about?” Mason asked.

“I can’t find out,” Drake said, “but the whole camp is just bursting with suppressed excitement, and—”

He broke off as Judge Erwood entered the courtroom from his chambers. Everybody stood and waited for the stroke of the gavel which signaled they were to be seated.

“People versus Ansley,” Judge Erwood said. “Are you ready to proceed, Mr. Mason?”

“Yes, Your Honor.”

“Very well, Mr. Mason, proceed with your case.”

Mason said, “As my first witness I will call my secretary, Miss Della Street, to the stand.”

Judge Erwood frowned, started to say something, then changed his mind.

Della Street went to the stand, held up her right hand and was sworn.

At that moment the courtroom door opened, and Hamilton Burger, the district attorney, made a personal appearance, quite obviously enjoying the whispered comments as he came lumbering down the aisle, pushed his way through the swinging mahogany gate in the bar and seated himself beside Drew.

Burger made no attempt to conceal the broad grin on his face.

Mason felt his way cautiously through the examination.

“Your name is Della Street and you are now and for some time have been in my employ as my confidential secretary?”

“Yes, sir.”

“You are acquainted with the defendant?”

“Yes, sir.”

“When did you first see the defendant?”

“On the evening of Monday, the eighth.”

“Where did you see him?”

“At the Golden Owl Night Club.”

“What was the time?”

“The time was approximately two or three minutes past ten o’clock.”

“And what happened?”

“Mr. Ansley approached the table where we were sitting and asked you to—”

Mason held up his hand.

“We object to anything the defendant may have said at that time, as a self-serving declaration, as hearsay and as incompetent, irrelevant and immaterial,” Drew said.

“There is no need for the objection,” Mason said. “I don’t want the witness to relate the conversation. I will just ask you, Miss Street, as to what was done.”

“Well, the defendant asked you to do certain things, and after some conversation we left the Golden Owl Night Club.”

“At what time?”

“At exactly ten-thirty-two.”

“Now, when you say ‘we’ who do you mean?”

“You, Mr. Ansley and myself.”

“And where did we go?”

“We went to Meridith Borden’s place.”

“Were the gates open or closed?”

“The gates were open.”

“What did we do?”

“We parked the car just outside the gates.”

“Then what?”

“We looked around for some ten or fifteen minutes, I would judge.”

“And then what happened?”

“Then a gong sounded and the gates closed.”

“Then what happened?”

“Then Mr. Ansley went to the gates, tried to open them and apparently set off a burglar alarm...”

“Objected to as a conclusion of the witness. Move to strike,” Drew said.

“Stipulated it may go out,” Mason said. “Just what happened?”

“A bell sounded, floodlights came on, on the grounds, and we could hear the barking of dogs.”

“Then what?”

“Then we climbed over the wall and a dog came charging at us. Just as you got up on the wall, the dog was snapping at your heels and leaping up at the wall.”

“Then what?”

“Then we descended the wall on the other side.”

“Do you know what time it was then?”

“It was just after eleven.”

“Then what happened?”

“We went to the front gate.”

“And what happened there?”

“You looked around and discovered a telephone.”

“And what happened?”

“You talked into the telephone.”

“Now, just a moment, just a moment,” Drew objected. “This is incompetent, irrelevant and immaterial. It is a conclusion of the witness.”

“It’s no conclusion of the witness,” Mason said. “It would be a conclusion if I asked her to whom I was talking, but she is testifying only to a physical fact, that I talked into the telephone. I talked into the telephone and she can testify to that fact.”

“Go ahead,” Judge Erwood said to Della Street. “The objection is overruled. Any motion to strike is denied. Don’t tell us what Mr. Mason said or to whom he talked, just what happened.”

“Yes, Your Honor. Then Mr. Mason hung up, and— Would I be permitted to state what he told me?”

Judge Erwood shook his head and said, “Not if the prosecution objects.”

“We object,” Drew said.

“Very well. That would be hearsay, just go ahead and state what was done if it is at all pertinent.”

“I think it is quite pertinent,” Mason said. “We are now coming to the part that I feel is very important.”

“Very well,” Judge Erwood said. “What happened, Miss Street?”

“Then, after Mr. Mason hung up the telephone, I picked up the telephone and kept pressing the button at regular intervals.”

“And what happened?”

“Mr. Borden answered the phone.”

“Just a minute, just a minute,” Drew said. “We move to strike that out as the conclusion of the witness. No proper foundation laid.”

Judge Erwood turned to Della Street, his face showing considerable interest. “You state that Mr. Borden answered?”

“Yes, sir.”

“Did you know him in his lifetime?”

“No, Your Honor.”

“Then how did you know it was Mr. Borden?”

“He said it was Mr. Borden.”

“In other words, there was a voice over the telephone announcing that it was Mr. Borden talking?”

“Yes, Your Honor.”

Judge Erwood shook his head. “The objection is sustained. The motion to strike is granted. That is a conclusion of the witness. You may, however, state as nearly as you can recall the conversation which took place over the telephone.”

“We object to it, if the Court please,” Drew said, “with all due respect to the Court’s question. Unless it can be shown definitely that it was Meridith Borden on the other end of the line, we object.”

Judge Erwood shook his head. “Counsel has already laid the foundation by showing that the telephone at the gate is connected directly with the house. Now then, Miss Street has testified she pressed the button on the telephone and she had a conversation with someone. She is entitled to relate that conversation. Then it can be shown that the person at the other end of the line was Mr. Borden, either by direct or by circumstantial evidence. The Court may state that the foundation as far as circumstantial evidence is concerned, is pretty well laid at this moment. It appears that Mr. Borden was alone in the house, according to the prosecution’s own testimony. According to the testimony of this witness, some man answered the telephone. I have stricken out the statement that the man said he was Mr. Borden, as a means of proving the identity of the person at the other end of the line, but I will permit the witness to state what the conversation was.”

Della Street said, “I believe the man’s voice asked who was calling. I said that we were passers-by, that we wanted to speak with Mr. Borden. The voice said that it was Mr. Borden speaking, that he didn’t want to be disturbed, and I told him that this was a matter of an emergency, that we had reason to believe there was a young woman who had been in an auto accident and who might be wandering around the grounds somewhere.

“Then the man’s voice stated that someone had been tampering with the gates; that this had triggered a burglar alarm and released watchdogs; that he would turn off the lights and call the dogs back to the kennels; that the dogs were not going to hurt anyone; that they were trained to hold a person motionless and bark until someone could arrive; that they weren’t going to kill anyone. Then the voice asked me who I was, and I refused to give my name, saying I was merely a passer-by.”

“Then what?” Mason asked.

“I hung up the telephone and told you— That is,” Della Street amended with a smile at the prosecution’s table, “I know I’m not permitted to state what I told you.”

“Now, what time was this?” Mason asked.

“It was possibly ten minutes after eleven, perhaps fifteen minutes after eleven, when I had this conversation.”

“Then what did we do?”

“We drove Mr. Ansley back to the Golden Owl Night Club where he picked up his car.”

“We were with Mr. Ansley until what time?”

“Until right around eleven-thirty, perhaps eleven-thirty-five.”

“And we left him where?”

“At the Golden Owl Night Club.”

“Then you, yourself and of your own knowledge, can vouch for the whereabouts of the defendant in this case from a time which you estimate to be two or three minutes after ten until eleven-thirty on the evening of the murder?”

“That is right,” Della Street said.

Mason turned to Drew.

“You may cross-examine,” he said.

Drew, grinning broadly, said, “We have no questions of this witness.”

“No cross-examination?” Judge Erwood asked in surprise.

Drew shook his head.

“The Court may point out to you, Mr. Drew, that unless the testimony of this witness is questioned in some way, there is a very strong presumption that she was actually talking with Mr. Borden.”

“We understand, Your Honor,” Drew said. “But we don’t intend to try to establish our rebuttal by cross-examination.”

“Very well,” Judge Erwood snapped.

“That’s all,” Mason said. “That’s our case, Your Honor.”

Judge Erwood looked at the table where Hamilton Burger and Sam Drew were engaged in smiling conversation. “It would seem, Mr. Prosecutor,” the judge said, “that we now have a very material difference in the situation. We have the testimony of a disinterested witness, one whose integrity impresses the Court, that some male person was in the Borden house a few minutes after eleven o’clock, that this male person answered a telephone, that according to the testimony of the prosecution’s own witnesses, the only person left in the Borden house at that time was Meridith Borden.”

“If the Court please,” Hamilton Burger said, smiling indulgently, “we would like to put on some rebuttal evidence before the Court, which will clarify the situation.”

“Very well, go ahead, call your witness.”

“We recall Frank Ferney,” Hamilton Burger said.

Frank Ferney returned to the witness stand.

“You’ve already been sworn,” Hamilton Burger said. “There’s no need for you to be sworn again. Have you heard the testimony of Miss Street who was just on the stand?”

“Yes, sir.”

“Do you know anything about the conversation that she has related?”

“Yes, sir.”

“What do you know about it?”

“I was the person at the other end of the line.”

Hamilton Burger grinned triumphantly. “You were the person who said you were Meridith Borden?”

“Yes, sir.”

Hamilton Burger bowed with exaggerated courtesy to Perry Mason.

“You may cross-examine,” he said, and sat down.

Mason arose to face the witness. “You told us,” he said, “that you left the Borden house at six o’clock; that you took a night out and had dinner with your girl friend.”

“That’s right. But I came back. I have my living quarters there and I sleep there.”

“What time did you get back?”

“Actually it was about — oh, I would say around ten minutes to eleven.”

“And how did you get there?” Mason asked.

The witness grinned. Hamilton Burger grinned. Sam Drew grinned.

“I drove back in an automobile,” he said.

“Alone?” Mason asked sharply.

“No, sir.”

“Who was with you?”

“A woman.”

“Who was this woman?”

“Dr. Margaret Callison.”

“And who is Dr. Callison?”

“A veterinary.”

“How did you enter the premises?”

“We drove up to the locked back gate. Dr. Callison parked her car, and I took a dog out of her car. The dog was on leash. I opened the door, took the dog to the kennel, unlocked the kennel door and put the dog inside. That was at approximately ten minutes to eleven, perhaps five minutes to eleven, by the time I got the dog in there.

“I then asked Dr. Callison if she wanted a drink, and she said she’d run in and have a drink. She wanted to see Mr. Borden and tell him something about the dog.”

“So what did you do?”

“I escorted her to the back door of the house, opened the door with my key and we went in.”

“Then what?”

“I went to Mr. Borden’s study and he wasn’t there. I assumed that... well, I guess I’m not permitted to say what I assume.”

“Go right ahead,” Mason said. “I don’t hear any objection from the prosecution and I certainly have none. I want to know exactly what happened. I’m not afraid of the facts in this case.”

“Well, I assumed that he was up in the studio doing some photographic work, perhaps some development, and I suggested to Dr. Callison that we wait a few minutes and see if he came down. I poured a couple of drinks, and about that time the burglar alarm sounded, the lights came on and the kennel doors opened automatically.

“I heard the dogs run to the wall and bark, and then I could tell by the way one of the dogs was barking and jumping that whoever had set off the burglar alarm had gone over the wall. I returned to Dr. Callison and suggested we finish our drinks in a hurry and go see what had happened and what had turned on the burglar alarm.

“Then I went out and whistled the dogs back to the kennel.

“While I was still outside, I heard the telephone ring. I hurried back and found that Dr. Callison had answered the telephone. She told me that some man had asked for Mr. Borden, and she had told him Mr. Borden didn’t want to be disturbed.”

“Then what?” Mason asked.

“Then, after a short time, the phone continued a long series of jangling rings.”

“So what happened?” Mason asked.

“I answered the telephone. I thought probably it was the police calling about the burglar alarm.”

“And what happened?” Mason asked.

“A young woman was on the other end of the telephone. I recognize her voice now as that of Miss Street. She has given a very accurate statement of the conversation which took place over the telephone. That is, I said I was Borden and told her the dogs wouldn’t hurt anyone; that I would turn off the light and put the dogs back in the kennels. Actually, I had already put the dogs back.”

Mason regarded the witness with thoughtful eyes.

Over at the prosecution table, Hamilton Burger and Sam Drew were grinning expansively at the spectacle of Mason bringing out the prosecution’s case on cross-examination. Having resorted to the time-honored trick of asking Ferney only a few devastating questions on direct examination and then terminating their questioning with no explanation, they had virtually forced Mason to crucify himself.

“Is it your custom to state over the telephone that you are Meridith Borden?” Mason asked.

“Sure,” the witness said. “At times, when Borden didn’t want to be disturbed and someone insisted on talking with him, I’d say that I was Borden and tell whoever I was talking with that I couldn’t be disturbed.”

“Did you do that often?”

“Not often, but I have done it. Usually Mr. Borden was listening on the telephone, and if he wanted to see the, person, he’d cut in on the conversation. If he didn’t, I’d say that he wasn’t there, or that he couldn’t come to the phone.”

Mason moved slowly forward.

“Will you describe Dr. Callison?” he asked.

“Why, she’s a woman veterinary who has a wonderful way with dogs.”

“How old?”

“I’m sure I wouldn’t guess at a woman’s age, but she’s relatively young.”

“Around your age?”

“I would say she was around thirty-two or three.”

“Heavy?”

“No. Very well formed.”

“Surely you weren’t entertaining her in your bedroom?” Mason asked, making his voice sound highly skeptical.

Ferney came up out of the witness chair angrily. “That’s a lie!” he shouted.

Burger was on his feet, waving his hands. “Your Honor, Your Honor, this is uncalled for, this is completely outside of the scope of legitimate cross-examination. It is a gratuitous insult to an estimable woman. It—”

Judge Erwood pounded his gavel. “Yes, Mr. Mason,” he said, “it would seem that that is certainly not called for under the circumstances.”

Mason looked at the judge with an expression of wide-eyed innocence. “Why, Your Honor,” he said, “it’s the only inference to be drawn from the evidence. The witness has stated that there was a telephone in his bedroom where he slept, which was in the basement, that there was another phone in Meridith Borden’s study, that when the phone rang the witness would answer, that Borden would listen in.”

“But not this time,” Ferney interrupted angrily. “This time I was answering the telephone from Borden’s study.”

“Oh,” Mason said. “Pardon me, I didn’t understand you. Then you took Dr. Callison into Borden’s study, did you?”

“Yes, of course. I wouldn’t have taken her down to my bedroom.”

“Well,” Mason said, “I beg the Court’s pardon. I certainly misunderstood the witness. I thought it was quite plain from what he had said that he always answered the telephone from his bedroom.”

Judge Erwood looked down at Ferney speculatively. “You certainly did give that impression in your testimony, Mr. Ferney,” he said.

“Well, I didn’t mean to give it. That is, that’s... well, that’s where I usually answered the phone from. But this time, because Dr. Callison was there, it was different.”

“Where were you talking from?” Mason asked.

“From the study.”

“Meridith Borden’s study?”

“Yes.”

“Let’s see if we can get this straight about Dr. Callison. She is a veterinary?”

“That’s right.”

“And she had been treating one of the dogs?”

“Yes.”

“And you were to call and get the dog?”

“Yes.”

“What time?”

“Around nine o’clock.”

“But you didn’t call at nine o’clock?”

“No, sir.”

“When did you call?”

“It was around ten-thirty.”

“Why didn’t you call at nine o’clock?”

“I overslept.”

“You overslept?” Mason asked, his voice showing his surprise.

“All right, if you want to know,” Frank Ferney said, “I was drunk. I went up to a party at the home of my fiancée and passed out.”

“And who is your fiancée?”

“Loretta Harper.”

Mason’s brows leveled down over his eyes. “Have you been married?”

“Yes.”

“Have you ever been divorced?”

“Your Honor,” Sam Drew said, “this is incompetent, irrelevant and immaterial. It is not proper cross-examination.”

“On the contrary,” Judge Erwood said, “this is a matter in which the Court is very much interested. The testimony of this witness indicates a most peculiar set of circumstances, and, since he is apparently being relied upon to refute the defense witness, the Court wants to get at the bottom of it. Just answer the question.”

“Yes, I’m married. I haven’t been divorced.”

“What is your wife’s name?”

“She’s a model. She goes under the professional name of Dawn Manning.”

“All right,” Mason said. “Now, let’s get this straight. On this Monday night, the night of the murder, the eighth of this month, you went up to Loretta Harper’s apartment. Where is that?”

“That’s about a mile and a half south of Borden’s place, in the town of Mesa Vista.”

“What time did you go there?”

“I went there right after I had left Borden’s place.”

“You didn’t have dinner at Borden’s place?”

“No, Miss Harper had cooked dinner for two friends and myself. There was a foursome.”

“And you became drunk?”

“Well, I’ll change that, I didn’t mean it that way. We had some cocktails before dinner and we were giving some toasts. I guess I got a little too much. I was mixing cocktails in the kitchen. There were some cocktails left in the shaker that no one wanted, and I didn’t want to pour them down the sink. I very foolishly drank them, and then there was some wine with the meal and I began to get a little dizzy. I wasn’t drunk, I was just feeling the liquor a little bit, and I began to get sleepy.”

“So what happened?”

“I rested my head on my hand, and... well, I guess I went sound asleep there at the table. I was terribly embarrassed. They put me in the bedroom and I stretched out on the bed.”

“With your clothes on?”

“I believe they took my shoes off, and took my coat off and hung it on the back of the chair... Well, the next thing I knew, Loretta woke me up and it was then about twenty minutes past ten. Loretta had just come in and she told a story about being held up, and—”

“Never mind what anyone said,” Hamilton Burger interrupted ponderously. “Just describe what happened. Since Mr. Mason is so concerned with getting at this time element, we’ll let him get all the facts.”

“Well, I asked how long I’d been asleep and then I looked at my watch and suddenly remembered that I was supposed to have gone down to Dr. Callison’s place to pick up this dog. I asked one of the guests to call Dr. Callison and say I’d be right down. And, believe me, I sprinted for my car.”

“Which you’d left parked in front?”

“That’s right. Where else would I leave it?”

Judge Erwood said, “The witness will confine himself to answering questions. There is no occasion for repartee. Counsel is simply trying to get the picture clear in his own mind, and the Court confesses that the Court wants it clarified as much as possible. Go on, Mr. Mason.”

“And then?” Mason asked. “What did you do then?”

“I made time getting out to Dr. Callison’s kennel. She was very nice about it. I explained to her that I’d had a little something to drink, so she took her station wagon and drove me up to Borden’s house.”

“What gate?”

“The back gate.”

“You had a key to that?”

“Yes, that’s close to the kennels.”

“And what did you do?”

“We put the dog in the kennel, and... well, that was it.”

Mason eyed the witness thoughtfully. “Why didn’t Dr. Callison turn around and drive back in her station wagon?”

“She wanted to come in to talk with Mr. Borden.”

“So you entered the house at about what time?”

“A few minutes before eleven, perhaps quarter to eleven.”

“And you tried to locate Mr. Borden, didn’t you?”

The witness fidgeted.

“Go ahead,” Mason said. “You tried to locate Mr. Borden?”

“Well, I went in the study and he wasn’t there.”

“So what did you do?”

“I told Dr. Callison to sit down and I’d find him, and... well, I did the honors.”

“What do you mean by that?”

“I bought her a drink.”

“What do you mean by bringing her a drink?”

“I got some liquor from the compartment back of the bar and gave her a drink.”

“Did you customarily ‘do the honors’ for guests when Mr. Borden was not there?”

“Well, not customarily, but Dr. Callison is... well, sort of a privileged individual, sort of a special personage.”

“I see,” Mason said. “Then what happened?”

“I looked around for Mr. Borden.”

“Did you call his name?”

“Yes.”

“Did he answer?”

“No.”

“And then what happened?”

“I can’t remember a lot of details, but the burglar alarm went off, and the lights came on, and I heard the dogs barking.”

“Then what?”

“Well, then I ran out and tried to find out what all the commotion was about. I whistled the dogs to me and put them in the kennels. When I came back, Dr. Callison was on the telephone talking with someone. I presume it was someone at the gate.”

“Never mind your presumption,” Drew interrupted.

“The Court will draw its own conclusions and presumptions, Mr. Prosecutor,” Judge Erwood remarked testily. “The witness will continue.”

“Well, then the phone kept ringing and ringing and ringing, so I answered, and... well, then I told them I was Borden.” Mason turned to the prosecutor. “I will ask the prosecution if the exposed films which were in the film holders and in the camera have been developed and printed. I believe the prosecution offered to produce prints of those.”

“Do you have those prints, Mr. District Attorney?” Judge Erwood asked. “The Court will be interested in viewing them.”

Hamilton Burger said, “I am quite certain, if the Court please, that they have no significance as far as this case is concerned. The prosecution and the police are quite satisfied that these films had been taken at a much earlier date.”

“The question,” Judge Erwood said somewhat testily, “is whether you have them.”

“Yes, Your Honor, we have them.”

“Will you produce them, please, and give them to the Court? And I think you should show a copy to counsel for the defense.”

“We are going to object to having these pictures received in evidence,” Hamilton Burger said. “We are willing to show them to the Court if the Court requires, but they are not proper evidence, they have no bearing on the case. We feel quite certain they were taken some days earlier.”

“Why don’t you want them in evidence?” Judge Erwood asked curiously.

“When the Court sees the nature of the pictures, the Court will understand,” Hamilton Burger said. “The decedent was an amateur photographer. Evidently he was engaged in some sort of a friendly rivalry or contest with some other amateur photographers, and an attempt was being made to create some amateur art calendars. There is nothing actually illegal or indecent about these pictures, but they are, nevertheless, very beautiful pictures of a very beautiful woman. The Court will understand the manner in which evidence of this sort could be seized upon by the public press.”

Hamilton Burger passed up a series of five-by-seven prints to the judge, then grudgingly extended a duplicate series to Perry Mason.

Mason regarded the pictures with thoughtful appraisal.

The photographs showed Dawn Manning posing in the nude against a dark background. She was turned so that her left side was toward the camera. The poses were artistic, with the left arm stretched in front of her, her right leg extended behind with the toes just touching the floor. She was leaning slightly forward. Apparently the attempt on the part of the photographer had been to capture the semblance of motion. The posing was remarkably similar to that of metallic ornaments which at one time graced the radiator caps of automobiles.

Judge Erwood raised his eyebrows over the pictures, spent some time examining them. Slowly he nodded. “These pictures are very artistic,” he said. “I am going to permit them to be introduced in evidence if the defense asks to have them introduced.”

“I ask they be received in evidence,” Mason said.

“They prove nothing,” Hamilton Burger objected.

“They may or may not prove anything,” the judge ruled, “but they may be received in evidence.”

“Just one more question of this witness, if the Court please,” Mason said, turning to Ferney. “Have you seen those pictures?”

“No, sir.”

“You’d better take a look at them, then,” Judge Erwood said.

Ferney looked at the photographs which Mason extended to him. “That’s Dawn!” he exclaimed. “That’s my wife.”

It was Mason’s turn to bow to Hamilton Burger and hand him a hot potato. “That’s all,” he said. “I have no further questions of this witness.”

Burger and Drew held a heated, whispered conference, trying to decide whether to let the witness go from the stand or to ask further questions. Drew finally obtained seemingly reluctant consent from Hamilton Burger, and got to his feet.

“Mr. Ferney,” Drew said, “just to get the essential issues in this case straight, you were the one who talked on the telephone shortly after eleven o’clock?”

“Yes, sir.”

“You were the one who said you were Meridith Borden?”

“Yes, sir.”

“As far as you know of your own knowledge, Meridith Borden was not alive at that time. You can’t say whether he was or whether he was not?”

“That is right.”

“You called his name?”

“Yes, sir.”

“And he didn’t answer?”

“That’s right.”

“And Dr. Margaret Callison was the woman who answered the telephone when it rang around eleven?”

“Yes, sir.”

“Thank you,” Sam Drew said. “That’s all.”

Mason said, “I have no further questions of this witness, but at this time, if the Court please, I desire to recall Harvey Dennison to the stand for further cross-examination.”

“The manager of the Valley View Hardware Company?” Hamilton Burger asked.

“That’s right.”

“Any objection?” Judge Erwood asked.

Hamilton Burger smiled. “No objection, Your Honor. Counsel can cross-examine Mr. Dennison as much as he wants to, any time he wants to.”

Harvey Dennison returned to the stand.

Mason said, “Mr. Dennison, are you acquainted with a young woman by the name of Dawn Manning?”

“I am.”

“Was she ever in your employ?”

“She was.”

“When?”

“About three years ago she worked for us for... oh, about six months, I guess.”

“Was Dawn Manning in your employ at the time the Colt revolver Number 613096 was found to be missing from stock?” Mason asked.

“Just a moment, just a moment, Your Honor,” Hamilton Burger said. “That is not proper cross-examination, that’s making an accusation by innuendo, that’s completely incompetent, irrelevant and immaterial.”

Judge Erwood shook his head. “The objection is overruled. Answer the question.”

“She was in our employ,” Dennison said.

“Dawn Manning was her maiden name?”

“It was.”

“Do you know when she was married?”

“I can’t give you the exact date, but she was in our employ until she married. She left our employ when she married.”

“Do you know the name of the man she married?”

“I don’t remember that.”

“Thank you,” Mason said. “That’s all.”

“Now, just a minute, just a minute,” Hamilton Burger said, angrily. “An accusation has been made that Dawn Manning stole this gun. Do you have any evidence whatever that would lead you to believe she took the gun, Mr. Dennison?”

“None whatever,” Dennison said. And then added firmly, “My opinion of Dawn Manning is that she is a very estimable—”

“Your opinion is uncalled for,” Judge Erwood interrupted. “Just confine yourself to answering questions.”

“Did you ever have any occasion to doubt her honesty?” Hamilton Burger asked.

“None whatever.”

“That’s all!” Burger snapped angrily.

Mason smiled.

“Any redirect?” Judge Erwood asked.

Mason, still smiling, said, “You have no occasion to doubt the honesty of Dawn Manning, but she was working for you at a time when the gun disappeared. Now, I will ask you this, Mr. Dennison: Did George Ansley, the defendant, ever work for you?”

“Your Honor!” Hamilton Burger shouted. “That is improper, that is misconduct, that is not proper cross-examination.”

Judge Erwood smiled in spite of himself. “The question, as such, is, I believe, proper. The witness may answer it yes or no.”

“No,” Harvey Dennison said, “George Ansley never worked for us.”

“As far as you know, was he ever in your store?”

“No.”

“That’s all,” Mason said.

“No further questions,” Hamilton Burger said, so choked up with anger that he could hardly talk.

Judge Erwood, still smiling slightly, said, “That’s all, Mr. Dennison. You’re excused. You may leave the stand.”

Drew and Hamilton Burger conferred in whispers, then Drew got to his feet.

“It would seem, Your Honor, that despite the desperate attempts of the defense to drag another person into this case, the defendant has no alibi, and, under the circumstances, there can be none. It would seem quite apparent that Meridith Borden was lying dead in the studio, that he was killed by a weapon which was subsequently recovered from the possession of the defendant, that the defendant had threatened to kill Borden, that the defendant had the motive and the opportunity to carry out his threats. In view of the fact that this is a preliminary examination, I fail to see what more evidence needs to be supplied in order to entitle the prosecution to an order binding the defendant over.”

Judge Erwood hesitated a moment, then slowly nodded.

“Just a moment,” Mason said. “I don’t think the case is ready for argument at this time. The prosecution was putting on rebuttal evidence.”

“Well, that’s all of it. That’s all there is. That’s our case,” Drew said.

“In that case,” Mason announced urbanely, “I wish to put on some further evidence of my own in surrebuttal. I want to call Loretta Harper to the stand.”

“Loretta Harper will come forward and be sworn,” Judge Erwood said.

Loretta Harper came forward with her chin up, her lips clamped in a line of firm determination. She took the oath and settled herself on the witness stand.

Mason said, “Your name is Loretta Harper.”

“That’s right.”

“Where do you reside?”

“At Mesa Vista.”

“That is how far from Meridith Borden’s place?”

“About a mile and a half.”

“You are acquainted with the defendant, George Ansley?”

“Until I saw him at the Borden place, I don’t think I’d ever met him in my life.”

“Are you acquainted with Frank Ferney?”

“I am.”

“Do you know his wife, who goes under the professional name of Dawn Manning?”

“I do.”

“Do you have occasion to remember the night of Monday, the eighth of this month?”

“I do, indeed.”

“Will you tell us exactly what happened on that evening?”

“Objected to,” Hamilton Burger said, “as incompetent, irrelevant and immaterial. What happened to this witness on the night of the murder has absolutely no bearing on the limited issues of the case at this time.”

Judge Erwood frowned thoughtfully, then turned to Mason. “Can you narrow your question?” Erwood asked.

“With reference to what took place at the home of Meridith Borden,” Mason added.

“With that addition,” Judge Erwood said, “the objection is overruled.”

“I do, indeed. I know exactly what happened.”

“Will you please tell us,” Mason said, “exactly what happened, commencing at the time you had occasion to be in or about the grounds of Meridith Borden’s estate.”

“I was driven through the gates,” she said, “by Dawn Manning. Dawn lost control of the car. She was trying to drive with one hand and holding a gun with the other, and—”

“Just a minute, just a minute,” Hamilton Burger interrupted. “If the Court please, we are now getting into something that is entirely extraneous. The answer shows plainer than any objection I could make the vice of permitting counsel to put a witness on the stand and ask a blanket question covering activities which are in no way connected with the issues before the Court.”

Judge Erwood said, “I will ask the witness a question. What time was this, Miss Harper?”

“You mean when we entered the grounds?”

“Yes.”

“It was, I would say, right around nine o’clock.”

“The objection is overruled,” Judge Erwood said. “The witness will be permitted to tell her story. Counsel for both sides will note that we are now dealing with events which happened on the premises where the murder took place, at a time when the expert medical testimony indicates the murder could have taken place. Under those circumstances, the defense is entitled to call any witness and ask any question that will shed light on what happened. This is a court of justice, not a gym wherein counsel may practice legal calisthenics. Proceed, Miss Harper.”

“Well, Dawn Manning was driving with one hand. The other hand was holding a gun. The roads were wet, she lost control of the car and started to skid. Just at that time another car, driven by George Ansley, the defendant in this case, was coming out of the Borden place.”

“And then what happened?” Mason asked.

“This car being driven by Dawn Manning ticked the front of the Ansley car and we shot through the hedge and the car turned over.”

“Go on,” Mason said.

“I was thrown clear of the car when it turned over. I hit with something of a jar, but it wasn’t bad enough to hurt me at all. It was sort of a skid... that is, I slid along on the wet grass. There was a lawn. It had been raining and the grass was long and wet.”

“Go on,” Mason said. “What happened?”

Judge Erwood was leaning forward on the bench, his hand cupped behind his ear so that he would not miss a word.

Over at the prosecution’s table, Sam Drew and Hamilton Burger were engaged in a whispered conference. It was quite evident that they were far from happy.

“Well,” Loretta Harper went on, “the first thought that flashed through my mind—”

Mason held up his hand.

“We’re not interested in your thoughts,” Judge Erwood said. “We wanted to know what you did.”

“Well, I got up and stood there for a moment, and then I saw Mr. Ansley coming with a flashlight. The flashlight, however, was giving just a faint illumination, a reddish glow, not enough to do much good.”

“When you say it was Mr. Ansley coming,” Mason said, “you are referring to the defendant in this case?”

“Yes, sir.”

“And what did Mr. Ansley do?”

“Mr. Ansley walked around the car, and then I saw Dawn Manning lying there where she had skidded after being thrown from the car. She was unconscious.”

“Then what happened?”

“Mr. Ansley started to lean over to look at her and then the light went out and it was impossible to see anything. He threw the flashlight away.”

“Did you see him throw it?”

“Well, I saw his hand go back. I could dimly make that out. It was pretty dark, but I saw that, and then I saw the flash of reflected light from a nickel-plated flashlight as he threw it away, and I heard it thud when it hit the ground.”

“Go on,” Mason said. “Then what happened?”

“Mr. Ansley started toward the house. I knew that he was going to—”

“Never mind what you thought,” Mason said. “We’re only interested in what you did.”

“Well, I grabbed Dawn Manning by the heels and I pulled her along the wet grass for a distance of... oh, I don’t know, fifteen or twenty feet, almost up against the wall.”

“And then what?”

“Then, I... well, I arranged my clothes just the way hers had been so it would look as though I had skidded along the grass, and put myself in the position she had been occupying, and shouted for help.”

“Then what?”

“I waited a few seconds and shouted ‘Help’ again.”

“Then what?”

“Then I heard steps coming toward me. Mr. Ansley was coming back. That was what I wanted.”

“Go on,” Mason said. “What did you do?”

“I waited until he was near enough so he could see the way I was lying, and then I straightened up and pulled my skirt down a little and asked him to help me up.”

“What did he do?”

“He gave me his hand and I got to my feet. He wanted to know if I was hurt and I told him no, and he said he would drive me home.”

“And where was Dawn Manning all this time?” Mason asked.

“Dawn Manning,” she said with acid venom, “had recovered consciousness, had regained possession of the gun and had gone—”

“Just a minute, just a minute,” Hamilton Burger interrupted. “We submit, if the Court please, that the witness is testifying as to things about which she knows nothing of her own knowledge.”

“Did you see Dawn Manning regain the gun?” Judge Erwood asked.

“No, sir. I only know what she must have done. It was exactly what happened. She wasn’t lying there when I got to my feet. She had recovered consciousness, and—”

“Now, just a minute, just a minute,” Judge Erwood interrupted. “I want you to understand, Miss Harper, that you can only testify as to things you know of your own knowledge, not as to conclusions. Now, did you see Dawn Manning recover consciousness and get to her feet?”

“No, I didn’t see her, but by the time I got to my feet and after I had talked for a few minutes with Mr. Ansley and got him to agree to take me home, I had to walk around the front of the car, and I could look into the darkness and see that Dawn Manning was no longer where I had left her. She had recovered consciousness and moved.”

“Did you see her move?”

“No, but I know she wasn’t there where I had left her.”

“Then that’s all you can testify to,” Judge Erwood said. “Proceed with your questioning, Mr. Mason.”

“Did the defendant take you home?” Mason asked.

“No.”

Judge Erwood looked at her with a frown. “I thought you said that he took you home.”

“He thought he took me home, but he didn’t.”

“What do you mean by that?” Judge Erwood asked impatiently.

“I asked him to take me home and he said he would. He asked me where I lived and I told him the Ancordia Apartments, and he took me there.”

“Then he took you home!” Judge Erwood snapped.

“No, sir, he did not.”

The judge’s face flushed.

“I think the witness means,” Mason hastened to explain, “that she didn’t live at the Ancordia Apartments.”

“Then why did he take her there?” Judge Erwood asked.

“Because that’s where she told him she lived.”

Judge Erwood looked again at the witness. “You mean that you lied to him?”

“Yes, Your Honor.”

“Why?” Judge Erwood asked.

“If the Court please,” Hamilton Burger said, “with all due respect to the Court’s question, I submit that we’re getting into a lot of things here which are extraneous.”

“Yes, I suppose so,” Judge Erwood said. “After all, this is direct examination. You have the right to cross-examine. The situation seems confused to the Court. However, when we analyze the testimony of this witness, it would appear that all we have shown is that another person was perhaps at the scene of the crime—”

Judge Erwood stroked his chin thoughtfully, then turned to the witness. “You’re certain that Mrs. Ferney, or Dawn Manning, as you call her, had moved before you left the grounds?”

“Absolutely certain, Your Honor, and I am certain she had gone on to Meridith Borden’s house.”

“Now, why do you say that?”

“She was photographed there,” Loretta Harper said.

“That’s a conclusion of the witness,” Judge Erwood said. “It may go out of the record. There’s no need for you to make the motion, Mr. District Attorney. The Court will strike that of his own motion.”

Mason moved forward, presented the photographs of Dawn Manning to the witness. “Do you recognize these photographs?” he asked.

“Yes!” she snapped.

“Who is the person shown in the photographs?”

“Dawn Manning.”

“State to the Court whether that is the same person you have referred to as the one who turned into Meridith Borden’s estate at about nine o’clock on the night of the eighth of this month.”

“That is the one.”

Mason turned to the prosecution’s table. “Cross-examine,” he said.

Again there was a whispered conference.

At length, Hamilton Burger arose ponderously. “You don’t know that Dawn Manning, as you call her, ever went near that house, do you, Miss Harper?”

“Of course I know it.”

“Of your own knowledge?”

“Well, I know it as well as I know anything. Her photographs were there.”

“Don’t argue with me!” Hamilton Burger said, pointing his finger at the witness. “You only surmise it from these photographs, isn’t that right?”

“No!” she snapped.

“No?” Hamilton Burger asked in surprise.

“That’s right!” she snapped at him. “I said no!”

“You mean you have some other means of knowledge?”

“Yes.”

Hamilton Burger, recognizing that he had got himself out on a limb, hesitated as to whether to ask the next logical question or to try to cover by avoiding the subject.

It was Judge Erwood who, having taken a keen personal interest in the proceedings, solved the dilemma. “If you have some other means of information,” he said, “indicating Dawn Manning went to the house, and you have not disclosed that, it would be advisable for you to tell us how you know she was in the house.”

“Frank Ferney knocked on the door of the studio,” Loretta Harper said. “A woman said, ‘Go away,’ and Frank recognized her voice as the voice of his wife.”

“How do you know that?” Hamilton Burger shouted at the witness.

“Frank told me so himself.”

“I move that this statement of the witness be stricken from the record, that all of this evidence about Dawn Manning having gone to the house be stricken as a conclusion of the witness and as being founded on hearsay,” Hamilton Burger said.

“The motion is granted,” Judge Erwood ruled, but there was a speculative frown on his face.

“I have no further questions,” Hamilton Burger said.

“No redirect,” Mason said.

The witness started to leave the stand. “Just a moment,” Judge Erwood said. “This is a most peculiar situation. The Court is, of course, keenly aware that under the law, evidence is restricted so that extraneous evidence and hearsay evidence is not admitted in Court. But here we have a most unusual situation. The Court is going to ask a few questions to try to clarify the matter somewhat.”

The judge turned to the witness. “Miss Harper, you stated that Dawn Manning was driving the car.”

“Yes, sir, Your Honor.”

“With one hand?”

“Yes, sir.”

“And the other hand was holding a gun?”

“Yes, sir.”

“Where was that gun pointed?”

“At me.”

“How did it happen that you were riding in the car with Dawn Manning?”

“She forced me to get in at the point of a gun.”

“Then she had a gun with her all of the time?”

“Yes, Your Honor.”

“Of course, you have no means of knowing whether this was the gun which, according to the testimony of the ballistics expert, was the weapon from which the fatal bullet was fired.”

Loretta Harper said, “It looked like the same gun. She stole the car, and she could just as easily have stolen the gun. Frank Ferney has been trying to protect her. Make him tell what happened.”

Judge Erwood said hastily, “Well now, of course, we are getting into a lot of extraneous matters. That last remark is legally irrelevant. However, what appears to have been a rather simple case now becomes more complicated. Do you have any more questions, Mr. Prosecutor?”

“None,” Burger said.

“Mr. Mason?”

“None,” Mason said.

“The witness is excused.”

Mason said, “I now desire to recall Mr. Ferney for further cross-examination.”

“That is objected to, if the Court please,” Hamilton Burger said. “The prosecution has concluded its case, the defense had ample opportunity to cross-examine Mr. Ferney, and covered his testimony thoroughly.”

“The Court feels that it understands the question Mr. Mason wants to ask of Mr. Ferney,” Judge Erwood said. “And, since the order of proof in motions of this sort are addressed to the sound discretion of the Court, the Court will grant the motion. In fact, the Court will state that if Mr. Mason had not made this motion, the Court of its own motion would have asked Mr. Ferney to return to the stand.

“The motion is granted, Mr. Mason. Mr. Ferney, return to the stand.”

Ferney came forward and took the witness stand.

“Go ahead, Mr. Mason, resume your cross-examination.”

Mason said, “Directing your attention to the time when you have testified that you were looking for Meridith Borden after you and Dr. Callison had entered the house, did you go up the stairs to the room used as a photographic studio?”

“I did.”

“Was the door open or closed?”

“It was closed.”

“Did you knock on that door?”

“Yes.”

“What happened?”

“A woman’s voice called out, ‘Go away.’”

“Why didn’t you tell us about this before?”

“Because I wasn’t asked.”

“Weren’t you asked if you had tried to locate Borden and had been unable to do so, if you had called his name and had received no answer?”

“I called his name. I received no answer. I told the truth.”

“But now you say there was a woman in the studio.”

“Sure. Lots of times women were there. This is the first time anyone asked me about her.”

“And she said, ‘Go away’?”

“Yes.”

“Now then,” Mason said, “I ask you if you know of your own knowledge who the woman was who was on the other side of that closed door?”

Ferney hesitated, then said in a low voice, “I feel that I do.”

“Who was it?”

“It was my wife, Dawn.”

“You mean the woman who has been variously described as Dawn Manning and as Mrs. Frank Ferney?”

“That is correct.”

“She was your wife?”

“Yes, sir.”

“That is all,” Mason said.

“I have no questions,” Hamilton Burger said.

“Now, just a moment,” Judge Erwood said. “The Court dislikes to be placed in the position of carrying on the examination of witnesses, but certainly there is a situation here which is most unusual. Mr. Ferney?”

“Yes, Your Honor.”

“When you gave your testimony before, why didn’t you state that you heard the voice of a woman on the other side of that door in the studio?”

“No one asked me.”

“You made no attempt to open the door?”

“No, sir.”

“Was it locked?”

“I don’t know.”

“Isn’t it unusual that a person should hear the voice of his wife on the other side of the door and simply turn away without making any attempt to open the door?”

“No, Your Honor. That door had to be kept closed. One never knew whether the darkroom was in use, or whether the studio was being used for photographic purposes. I was working for Meridith Borden. If I had opened the door at that time, he would have fired me on the spot.

“I also wish to point out to the Court that my wife and I have separated, and the fact that we have not been formally divorced was entirely due to my fault.”

“In what way was it your fault?” Judge Erwood asked.

“I went to Reno and established a residence. I was supposed to get the divorce. The case was ready to be disposed of, but I got in an argument with my lawyer. I felt he was trying to hold me up. I simply sat tight and decided to outwait him.”

Judge Erwood looked at Ferney with a puzzled expression. “I feel this matter should be clarified,” he said, shifting his glance to the district attorney.

“We have no further questions,” Burger said doggedly.

Judge Erwood’s face showed annoyance. He turned to Perry Mason.

Mason bowed to the Court. “With the Court’s permission,” he said, and arose to walk toward the witness stand, facing the discomfited witness. “Let’s get your own time schedule on the night of the murder straight,” he said. “You say you left Borden’s house a little after six o’clock?”

“Yes.”

“And you went where?”

“To the apartment of Loretta Harper, my fiancée.”

“Did your fiancée, as you call her, know that you were not divorced?”

“Not at that time. She thought I was divorced.”

“You lied to her?”

Ferney flushed, and for a moment started to make some hot rejoinder, then caught himself.

“You lied to her?” Mason repeated.

“All right,” Ferney said defiantly, “I lied to her.”

“Who was present when you arrived at the apartment of Miss Harper?”

“Just Loretta Harper.”

“Later on, other people came in?”

“Yes.”

“How much later?”

“About fifteen or twenty minutes later.”

“Who were these people?”

“Mr. and Mrs. Jason Kendell.”

“And how long did they remain?”

“They remained until... well, until quite late, until Loretta — I mean Miss Harper — got back from having been kidnaped.”

“Now, when you say kidnaped, what do you mean?”

“If the Court please,” Hamilton Burger said, “I feel that this witness can’t possibly know what transpired with Miss Harper—”

“I’m not asking him what transpired,” Mason said. “I’m asking him to simply define what he meant by the use of the term kidnaped.”

“The witness is presumed to understand the ordinary meaning of the words he uses,” Judge Erwood said. “The objection is sustained.”

“All right,” Mason said to the witness, “you went to this apartment. What floor is it on?”

“The fourth.”

“You had some drinks?”

“Yes.”

“And you had dinner?”

“Yes.”

“And then you became a little dizzy?”

“Quite dizzy.”

“You were intoxicated?”

“I was intoxicated, yes.”

“And then what happened?”

“I went to sleep at the table.”

“What do you know after that? How much do you remember?”

“I have a vague recollection of being placed on the bed.”

“Who did that?”

“Jason and Millicent — that is, Mr. and Mrs. Kendell, assisted by Miss Harper. I remember they took my shoes off and that’s the last I remember until I woke up because I heard a lot of excitement — that is, excited voices, and looked at my watch.”

“Were you intoxicated at the time?”

“No, I’d slept it off. I had a thick feeling in my head.”

“And, at that time, Miss Harper was back in the apartment?”

“That’s right.”

“So then you called this veterinary, Dr. Callison?”

“I didn’t wait to call her. I asked one of the others to call and say that I was on my way, and I made a dash for my automobile. I drove to the kennels.”

“That’s all,” Mason said.

Loretta Harper jumped up from her seat in the courtroom. “Tell them the truth, Frank,” she shouted. “Quit trying to protect her! Mr. Mason, ask him what he told Dr. Callison! He—”

“That will do!” Judge Erwood said, banging his gavel. “Miss Harper, come forward.”

Loretta Harper came forward, her face flushed with indignation.

“Don’t you know that you’re not supposed to rise in court and shout comments of that sort?” Judge Erwood asked.

“I can’t help it, Your Honor. He’s still concealing things, still trying to stick up for her. He heard—”

“Now, just a minute,” Judge Erwood said. “This situation is getting entirely out of hand. I am not interested in any further comments from you, Miss Harper. If you know anything about the case of-your own knowledge, that’s one thing, but this Court certainly doesn’t care to have interpolations from spectators. Now, the Court is going to hold you in contempt of this Court for interrupting the proceedings in this case and comporting yourself in a manner which you knew was improper. The Court will determine the extent of the punishment later. But in the meantime, you’re to consider yourself held in contempt of Court and you are technically in custody. Do you understand that?”

“Yes, sir.”

“Call me Your Honor.”

“Yes, Your Honor.”

“Very well. Be seated now and keep quiet.”

Judge Erwood turned angrily to Frank Ferney. “Mr. Ferney,” he said, “you’re under oath. You are called here to tell the truth, the whole truth and nothing but the truth. Now, you’ve certainly placed yourself in a most unfavorable light, not only by your testimony but by the manner in which you’ve given that testimony. The Court is thoroughly out of patience with you. Now, is there anything else that you know, anything at all that you know of your own knowledge that would shed any light on this matter?”

Ferney lowered his eyes.

“Yes or no?” Judge Erwood asked.

“Yes,” Ferney said.

“All right, what is it?” Judge Erwood snapped.

Ferney said, “As we were leaving, driving away from the place, I thought I heard... well, I could have been mistaken about that. I—”

“What did you think you heard?” Judge Erwood asked.

“I thought I heard a shot.”

“A shot!”

“Yes.”

Judge Erwood glowered at the witness.

“Did you mention this to Dr. Callison?” Mason asked.

“We object,” Burger snapped.

“Sustained.”

“You were riding in the car with Dr. Callison?” Mason asked.

“Yes.”

“You rode back to the kennels with her?”

“Yes.”

“What time did you reach there?”

“Around eleven-thirty or perhaps a little after.”

“And you then picked up your own car there?”

“Yes.”

“And returned to your room at the Borden place?”

The witness fidgeted. “No. I didn’t stay there that night.”

“That’s all,” Mason announced.

“Any further direct examination?” Judge Erwood asked Hamilton Burger.

“No, Your Honor.”

“The witness is excused,” Judge Erwood said, “but don’t leave the courtroom. The Court feels that your conduct has been reprehensible. You have endeavored to conceal facts from the Court.”

Mason said, “If the Court please, there is one further question I would like to ask, a question by way of impeachment.”

“Go ahead,” Judge Erwood said.

Mason said, “Unfortunately, Your Honor, I can’t lay a foundation by giving the exact time and the exact place or the exact persons present, but I can ask a general impeaching question. Isn’t it a fact, Mr. Ferney, that at some time after the night of Monday, the eighth of this month, you told Loretta Harper that you knew your wife had murdered Meridith Borden and that you were going to try to protect her if you could?”

“Just a moment, just a moment!” Hamilton Burger shouted, getting to his feet. “That question is improper, it’s improper cross-examination, it’s objected to.”

“What’s improper about it as cross-examination?” Judge Erwood snapped.

Hamilton Burger, caught off balance, hesitated.

Sam Drew jumped to his feet. “If the Court please, no proper foundation has been laid. A question of that sort should specify the exact time and the persons present. Moreover, the opinion of this witness is of absolutely no value.”

Judge Erwood said, “Counsel has stated that he doesn’t know the time; that he doesn’t know who was present. He has, however, asked the witness specifically if he didn’t have a certain conversation with Loretta Harper. The object of that question is not to prove the fact, but to prove the motivation of the witness, his animosity toward any of the parties, his reason for concealing testimony. I’m going to let him answer the question.”

The judge turned to Ferney. “Answer the question.”

Ferney twisted and squirmed on the chair. “Well, I... I may have said—”

“Yes or no?” Judge Erwood snapped. “Did you make such a statement?”

“Well, yes, I did. I told her that.”

“That’s all,” Mason said.

“That’s all,” Hamilton Burger said, his manner showing his extreme annoyance.

Judge Erwood said, “The witness is excused.”

Mason said, “If the Court please, I would like to have a subpoena issued for Dr. Margaret Callison, and I would ask the Court to grant the defense a continuance until such a subpoena can be served.”

“Any objection on the part of the prosecution?” Judge Erwood asked.

“Yes, Your Honor,” Sam Drew said. “In the first place, counsel has had ample opportunity to prepare his case. In the second place, the case in chief has all been submitted. The prosecution has rested its case, the defense has rested its case, the prosecution has called rebuttal witnesses, the issues are limited at this time.”

Judge Erwood looked down at Mason, said, “The Court is going to take a ten-minute recess, Mr. Mason, and, at the end of that recess, the Court will rule on your motion.”

Mason pushed his way through the crowd of spectators to catch Paul Drake’s arm. “Get a subpoena, Paul. Serve it on Dr. Callison. Get her here. Rush!”

“You don’t think he’s going to give you a continuance so you can get her here?” Drake asked.

“I don’t know,” Mason said. “I think he’s giving me an opportunity to get her here without granting the continuance. I don’t know. Judge Erwood, of course, was planning to shut me off and show me that this was only a preliminary hearing, and I couldn’t pull any of my legal pyrotechnics here. Now he’s interested, and— Get started, Paul. Get going.”

“On my way,” Drake said.

“Bring her back with you,” Mason told him, “and rush it.”

Drake nodded and pushed his way out of the courtroom.

Mason turned back to where Della Street was standing.

“Well?” she asked.

Mason said, “I’m darned if I know, Della. There’s something here that is very peculiar.”

“I think it’s plain as can be,” she said. “Frank Ferney is trying to protect his wife, or, rather, was trying to protect her, and that made Loretta Harper furious.”

Mason said, “There’s something back of all this. Della, what would you do if you were a crooked politician, if you adopted the position that you were only a public relations expert, that you wouldn’t think of acting as intermediary in the taking of bribes, that you would act only in a consulting capacity — and then you took in large sums of money which, in turn, you passed out as bribes?”

Della Street made a little grimace. “I’d probably kill myself about the second night. I don’t think I could sleep in the same bed with myself.”

“But suppose you got to the point where you were putting up with yourself and making a very good living out of what you were doing?”

“What are you getting at?” she asked.

Mason said, “Borden undoubtedly took some steps to protect himself. He knew that when Ansley called on him, Ansley felt he was passing out bribe money. Borden had to accept that money and he had to use it as bribe money. But, in order to keep his skirts clean, he had to adopt the position that he was acting legitimately as a public relations counselor.

“Under those circumstances, if I were Borden, I would keep a tape recording of every conversation which took place and be able to produce those tape recordings if I ever got in a jam.”

“Well?” she asked.

“No one has said anything about a tape recording of the Ansley conversation.”

“Would you want one?” she asked. “Would it help your client?”

“There’s one way,” Mason said, “in which it would help my client a lot.”

“What? I’m afraid I don’t understand.”

“If Ansley went there to kill him,” Mason said, “he wouldn’t first employ him as a public relations counselor, and then kill him.”

“But he might have become angered after having the conversation.”

“He might have,” Mason said, grinning, “but there’s one very significant matter which I think our friends on the prosecution have over-looked... Where’s Lt. Tragg? Is he around?”

“Yes, he’s sitting in court taking in all the testimony.”

“Fine,” Mason said, grinning. “Tragg will tell the truth.”