The Case of the Caretaker's Cat

Chapter 18

Spectators pushed and jostled, filling judge Pennymaker's courtroom to capacity.

Dick Truslow, one of Hamilton Burger's most trusted trial deputies, grinned across the counsel table at Perry Mason.

Truslow had that attribute of a dangerous fighter—an ability fully to appreciate the strong points of an antagonist—a personal liking which could instantly be laid aside to give place to official combativeness.

"Is Shuster going to be associated with you in this case?" Truslow asked.

"He'll probably try to expectorate his way into it before we get done," Mason remarked. "The other day I saw him talking in the bright sunlight and there was a rainbow in front of his lips."

Truslow laughed, then lowered his voice confidentially. "You should see Hamilton Burger," he said. "He's having a fit."

"What's the matter?"

"Of course," Truslow said, closing one eye, "I wouldn't want to be quoted, but the Chief has been shooting off his face that it's all bosh and poppycock, this contention of yours that anyone could send a telegram in another person's name if he had a reasonable amount of assurance and a knowledge of the address and telephone number of the person he was impersonating."

Mason managed to look innocent.

"So someone," Truslow said, chuckling, "sent the widowed housekeeper out at Laxter's place a telegram, and signed the Chief's name to it."

"What was in it?" Mason asked, with a perfectly straight face.

Truslow said, "Don't look around—she's looking this way—wait a minute… There, now take a look—over your left shoulder. See her standing there with the telegram? Look at the simpering look on her face. She thinks it's nothing less than a proposal of marriage."

"What does the district attorney think?" Mason inquired.

"I can't tell you," Truslow said, "not unless you put cotton in your ears."

Mason smiled. "Has it changed your contention in regard to the source of that Winifred Laxter telegram?"

"Well, my instructions were not to bear down too hard on it… but I'm afraid I've got you this time, Perry. We've got a pretty damn good case of circumstantial evidence. You're not going to resist having the defendant bound over, are you?"

"Oh, I think so," Mason said.

"Ten to one you can't get anywhere. You might kid a jury into giving you a break, but you're never going to be able to get past the preliminary."

Mason lit a cigarette, then almost immediately dropped it into a cuspidor, as Judge Pennymaker pushed open the door of his Chambers and took his place on the Bench. The court was formally called to order. Dick Truslow arose to address the Bench. "Your Honor, the preliminary hearing in this case is for the purpose of determining whether there are reasonable grounds to hold over Douglas Keene on a charge of first degree murder—to wit, the murder of one Edith DeVoe, but, in order to show the motive for that murder, it will be necessary for us to introduce evidence relating to the murder of one Charles Ashton. However, may it be understood that any evidence looking to the death of Ashton is limited solely for the purpose of fixing a motive so far as the murder of Edith DeVoe is concerned, and we will not introduce that evidence or seek to have it considered for any other purpose."

"Any objection on the part of the Defense?" Judge Pennymaker asked.

"We'll make our objections at the proper time," Mason said, "as the questions themselves come up."

"I'm not trying to limit Counsel," Truslow said, "I merely wanted to explain our position to the Court. I thought perhaps I might eliminate some objections by the Defense in stating my position."

"Proceed with the case," Pennymaker said. "The defendant is in court?"

"He is coming in now, your Honor," Truslow said.

A deputy led Douglas Keene into the courtroom. He looked somewhat pale, but his head was back and his chin held high. Mason crossed to him, squeezed his arm reassuringly. "Sit down, lad," he said, "and keep your head. It won't be long now until the whole thing is cleared up."

"The first witness on behalf of the prosecution," Truslow said, "is Tom Glassman."

Glassman came forward, was sworn, testified that he was an attache of the district attorney's office; that on the evening of the twentythird instant he had gone to the apartment of Edith DeVoe; that in the apartment a woman lay sprawled on the floor, there were wounds on her head, and nearby lay a club; that the club was smeared with blood.

"I show you a photograph," Truslow said, "merely for the purpose of identification, and ask you if that is a photograph showing the features of the young woman you saw lying on the floor at that time."

"It is."

"We'll connect up the photograph and introduce it later," Truslow said. "We would now like to have it marked for identification."

He asked several more perfunctory questions and said to Perry Mason, "You may crossexamine."

"On that bit of club which you found by the body of the unconscious woman," Mason said, "there was a fingerprint, was there not?"

"There was."

"You photographed that fingerprint?"

"I did."

"Was that a fingerprint made by the defendant?"

"It was not."

"Was it a fingerprint of Sam Laxter, Frank Oafley, or any of the servants in the Laxter household?"

"It was not."

"Naturally, you made an attempt to identify that fingerprint?"

"Naturally."

"You were unable to do so?"

"That's right."

"You had been to the Laxter residence earlier in the evening, had you not?"

"I had."

"And you there found the body of Charles Ashton, the caretaker?"

"I did."

"That body was lying on the bed of Ashton's room?"

"It was."

"Ashton was dead, was he not? And death was due to strangulation inflicted by a cord which had been thrown around his neck and drawn taut?"

"That is correct."

"And there were cat tracks up and down the bed?"

"Yes, sir."

"Did you make any attempt to ascertain whether those cat tracks had been made before or after the death of Charles Ashton?"

"I did."

"When were they made—before or afterwards?"

Truslow's face showed surprise at this line of interrogation.

"Afterwards."

"I thought," Truslow said, with a slightly nervous laugh, "that we were going to have quite a fight to get this evidence in, but I see you are bringing it out. While it probably isn't proper crossexamination, strictly speaking, I certainly am making no objection."

"I want to get all the facts in," Perry Mason said. And, turning to the witness, went on, "When you arrived at the Laxter house, Samuel Laxter was not there?"

"He was not."

"He showed up later on?"

"That is right."

"His automobile was damaged and his right arm was injured?"

"That is correct."

"But Frank Oafley was there?"

"Yes, sir."

"Where was he when you drove up?"

"I don't know where he was when we drove up, because we stopped in the garage to make a search of the automobiles, but when we reached the main terrace on which the house is situated, we noticed a man digging in the ground near a corner of the house. We turned our flashlights on him, and it was Mr. Oafley."

"That's all the crossexamination I have," Mason said.

Truslow, looking rather puzzled, remarked, "I think we'll get the corpus delicti definitely established, your Honor."

Mason slumped back into his chair with the manner of a man who has no further interest in the proceedings. Nor did he ask so much as a question while Truslow called the autopsy surgeon, then put on witnesses who identified the dead woman; who identified the club as having been sawed from a crutch; witnesses who testified to the type of crutch used by Charles Ashton and who stated that, to the best of their belief, the bloodstained club which was offered in evidence by Truslow, was part of Ashton's crutch, or, at least, a crutch similar in appearance.

Truslow brought Babson the cabinetmaker to the stand, who positively identified the section of the crutch, due to certain scratches which appeared on it, and testified how Ashton had employed him to hollow a receptacle into the crutch, and line that receptacle with chamois skin. Then, by other witnesses, Truslow brought out the value of the Koltsdorf diamonds, the fact that Peter Laxter was very much attached to them and never let them out of his possession.

"Call Samuel Laxter," Truslow announced at length.

Samuel Laxter took the witness stand.

"Your name is Samuel Laxter, you reside in the Laxter household?"

"That is correct."

"You are a grandson of Peter Laxter, deceased? You resided in what was known as the country house for several months prior to the time it burned, and then you took up your residence in what is known as the town house?"

"Correct."

"You were acquainted with Edith DeVoe?"

"Yes, sir."

"You saw her body in the morgue?"

"Yes, sir."

"She was dead?"

"That is right."

"And the body you saw was the same as that pictured in the photograph, People's Exhibit No. 1?"

"That is correct."

"And that was Edith DeVoe?"

"That is right."

"Where were you on the evening of the twentythird between the hours of nine o'clock in the evening and approximately eleventhirty at night?"

"I refuse to answer."

Truslow smiled. "You can't refuse to answer," he said, "without being guilty of contempt of court. That story about protecting some mysterious woman won't go here, Laxter. You're in a court of justice—you've got to answer."

Nat Shuster came bustling forward.

"If the court please," he said, "it now appears that an attempt is being made to malign the character of this witness by extraneous questions. He is not accused of the murder and if he was not accused of the murder, it makes no difference where he was unless he was present at the place where the murder was being committed."

"You're appearing for Mr. Laxter?" Judge Pennymaker asked.

"Yes, your Honor."

"I," Mason observed, "am making no objection to the question."

"I am going to order the witness to answer the question," Judge Pennymaker stated.

"I refuse to answer."

Judge Pennymaker's face clouded.

Shuster leaned across the counsel table. "Go on," he said; "say the rest of it."

"Upon the ground that the answer might tend to incriminate me," Laxter said, after the manner of one who has learned his speech by heart.

Shuster smiled, and turned toward the Court.

"I want the Court to understand," he said, "that the answer would not tend to incriminate him, so far as any crime under discussion is concerned, but I believe there is a city ordinance which might have been violated by this witness, and, inasmuch as we are technically able to back up our position on such grounds, I have instructed my client to protect the good name of the young woman involved in the case."

"Bosh and nonsense and grandstand!" Mason said.

Judge Pennymaker pounded with his gavel.

"That will do, Counselor. You have no right to make any such statement."

Perry Mason nodded. "That is right, your Honor, but on the other hand, Counsel for Mr. Laxter has no right to make any such statement—a statement which is intended only to appeal to the newspapers."

Shuster waved his arms excitedly. "Your Honor, I resent that accusation."

Truslow's voice boomed out over the hysterical comments of the excited lawyer, "I agree with Counselor Mason, your Honor. However, it is all immaterial. I now offer this witness immunity from prosecution for any crime other than that of murder and again repeat my question."

"Again I refuse," Laxter said doggedly, "on the ground that the answer would incriminate me."

"You were not at the Laxter residence at the time Ashton was murdered?" Truslow asked.

"I was not."

"Where were you?"

"I was in Nathaniel Shuster's office. I was there from before ten o'clock until after eleven."

"Was anyone there with you?"

"Nathaniel Shuster."

"Anyone else?"

"James Brandon."

"Who is James Brandon?"

"He's employed as chauffeur and butler."

"Was he present in the discussion which took place between you and Nathaniel Shuster?"

"No, sir, he sat in the outer office."

"When did he leave?"

"About ten minutes before eleven o'clock I told him that he might go home. There was no need for him to wait any longer."

"Then what did you do?"

"I stayed on in Nathaniel Shuster's office for a few minutes."

"Then where did you go?"

"I refuse to answer, upon the same ground—the answer would tend to incriminate me."

"Incriminate you in what way and for what crime?"

"I refuse to answer."

Truslow said disgustedly, "I think that's all. I'm going to ask the Grand Jury to investigate this matter."

Laxter started to leave the witness stand. Nat Shuster's teeth were quite evident as he smiled triumphantly.

"Just one moment," Perry Mason said. "I believe I have the right to crossexamine this witness."

"But he hasn't testified to anything," Shuster objected.

"Sit down, Counselor Shuster," Judge Pennymaker ordered. "Counselor Mason has the right to crossexamine upon any of the testimony given by this witness."

Mason faced Sam Laxter.

"You drove to Shuster's office with Jim Brandon?"

"That's right, yes, sir."

"And you drove in the green Pontiac?"

"That's right."

"You know where Douglas Keene's apartment is?"

"Yes."

"Did you on the night of the twentythird?"

"I can't remember I think perhaps I did."

"Hadn't you called on him there some time prior to the twentythird?"

"I think perhaps I had been there, yes."

"After you left Shuster's office, didn't you go to Edith DeVoe's apartment?"

"I refuse to answer."

"And at that time wasn't the Chevrolet automobile customarily driven by Charles Ashton, the caretaker, parked in front of Edith DeVoe's apartment house?"

Shuster fidgeted uneasily, leaned forward as though about to burst into speech.

Laxter said in an even monotone, "I refuse to answer."

"Now, then," Mason said, "didn't you enter Edith DeVoe's apartment? Did you find her lying on the floor, unconscious? Didn't you realize that she had previously made accusations which virtually amounted to charging you with the murder of your grandfather? Didn't you thereupon rush from the apartment where she was lying, enter the Chevrolet automobile, drive it to Keene's apartment, cut your arm with a knife, razor blade, or other deep instrument, leave blood stains on Keene's garments, telephone Nathaniel Shuster, explain to him what had happened; that you were afraid that you might face a murder charge, and, in order to make the injury to your arm appear to have been accidentally sustained, didn't you deliberately drive the Chevrolet automobile into a lamppost on the road home?"

Shuster jumped to his feet. His hands pawed the air.

"A lie, your Honor!" he shouted. "A series of lies! An attack on the character of my client."

Mason continued to stare steadily at the white face of the witness.

"If the answer to that question will incriminate you, you may say so."

The courtroom was tense with silence. Even Shuster forgot his excited expostulation in order to stare as though fascinated at the face of Samuel Laxter. Perspiration beaded Laxter's forehead. He cleared his throat twice and then mumbled, "I refuse to answer."

Mason motioned with his hand urbanely. "That," he said, "is all."

Truslow leaned forward and whispered, "For Heaven sakes, Mason, is there any chance this chap did what you intimated, or are you merely trying to prejudice the Court in favor of your client?"

Mason smiled and said, "Go on with the case, Truslow. I think we'll reach a solution directly."

"Call Frank Oafley," Truslow said.

Oafley took the witness stand, testified briefly as to his name, place of residence and relationship to the deceased Peter Laxter.

"On the night of the twentythird instant," Truslow said, "you were engaged in digging in the yard of the Laxter residence?"

"I was."

"For what purpose?"

"Objected to," Shuster shouted.

Perry Mason smiled affably and said, "Your Honor, I represent the defendant in this case. Counselor Shuster is without any standing in court. If I don't object to a question and the Prosecution, by asking the question, requests an answer, the witness is forced to answer the question."

"That is right," Judge Pennymaker ruled. "Answer the question."

"I was searching for a large amount of money which had been missing ever since my grandfather died, and I was searching for certain other property."

"Why were you searching?"

"Because I had received a telegram."

"We're going to attempt to offer that telegram in evidence," Truslow said, looking at Perry Mason, his tone indicating plainly that he expected Mason to object and expected the Court to sustain the objection.

"No objections," Perry Mason said. "Introduce it in evidence."

Truslow took a telegram, introduced it in evidence and read it into the record:

"We expect to prove," Truslow said, "for what it may be worth, that this telegram was telephoned in to the telegraph company; that it was telephoned from the telephone of Winifred Laxter, the fiancee of the defendant in this case."

Mason remained silent.

"You dug in that locality?" Truslow asked.

"I did."

"You were acquainted with Edith DeVoe?"

"I was."

"Was she any relation to you at the time of her death?"

The witness gulped. "She was my wife," he said.

Mason said to Truslow, "Go ahead and ask him about what Edith DeVoe told him concerning his grandfather's death."

Truslow showed some surprise, but immediately turned to the witness and inquired, "Did Edith DeVoe tell you anything concerning the death of your grandfather or certain suspicious circumstances she had observed on the evening of the fire?"

Nat Shuster jumped to his feet. "Your Honor! Your Honor! Your Honor!" he shouted. "This is objected to. This is absolutely hearsay evidence. This has no bearing…"

Judge Pennymaker banged his gavel. "Sit down, Counselor," he ordered. "You are out of order; you have no standing in this case whatever, save as you appear as the counsel of Samuel Laxter."

"But on behalf of Samuel Laxter I object to it."

"Samuel Laxter is not a party to the case. Counselor Mason is the only one who has the right to object. I have advised you of that before."

"But this is an outrage! This is convicting my client of murder without giving him a chance to defend himself. It's a great game these two lawyers are playing! They start prosecuting some other man for murder, and then they convict my client of it and I can't do anything because they don't object."

Despite himself, Judge Pennymaker smiled. "It is rather an ironical situation, Counselor," he said, "but there can be no question concerning its legality. You will sit down and refrain from interrupting the proceedings."

"But he shouldn't answer. He'll get himself into trouble. I advise him not to…"

This time there was no smile on the Judge's face.

"You'll sit down and keep quiet," he said, "or you'll be ejected from the courtroom and fined for contempt. Now, which will it be?"

Slowly, Nat Shuster sat down.

"And you'll remain seated and remain quiet," Judge Pennymaker ordered, then turned to the witness. "Answer the question," he said. "That is, unless there's an objection by Counsel for the defendant. If there is such an objection, I will sustain it as the question calls for hearsay evidence too remote to be a part of the res gestae."

"No objection in the world," Mason remarked urbanely.

Shuster halfarose from the chair, then sat back with a pathetic air of dejection.

Frank Oafley said slowly, "My wife told me that on the night of the fire she was walking past the garage. She saw Samuel Laxter sitting in an automobile, with a hose running from the exhaust to the hot air pipe which furnished heat to my grandfather's room."

"Was the motor running?" Truslow asked.

"She said the motor was running."

"Were there any indications that the motor had been running for some time?"

"Yes, there were no lights on in the garage until she switched them on, yet the hour was long after dark."

"Did she," asked Truslow, "tell you to whom else she had told this story?"

"Yes, she did."

"To whom?"

"To Perry Mason, the attorney, and to Douglas Keene, the defendant."

"That's all," Truslow said. "You may crossexamine, Counselor."

Perry Mason remarked, almost conversationally, "I believe you'd been with her until just before she discovered Samuel Laxter in the automobile on the night of the fire?"

"That's right. She and I had been walking and… making plans for the future." The witness broke off abruptly, averted his eyes. A spasm of expression crossed his face. He seemed fighting to control himself, then he looked back to confront Perry Mason and said, in a voice which was harsh with emotion, "I was afraid my grandfather wouldn't approve of the match. Our meetings were surreptitious, but we had planned to be married just as soon as we could."

"Now, was she absolutely certain that the person seated in the automobile was Samuel Laxter?" Mason inquired.

"Yes, I think she was," Oafley said, "although she did say that she didn't see his face clearly. Sam Laxter wears a rather distinctive type of hat, and she saw that very plainly."

"Did he speak to her?"

"Yes, he spoke to her, and she thought the voice was that of Sam Laxter, although, when I asked her about it, she remembered that the voice had been rather muffled because the man had been slumped over the steering wheel, apparently in an intoxicated condition."

"Do you know of any motive that Sam Laxter might have had for murdering his grandfather?"

"Why, yes, of course. There was the will."

"Do you know of any motive he might have had for murdering Charles Ashton?"

Over at the counsel table, Nat Shuster went through an elaborate pantomime of registering extreme protest, but remembering the judicial admonition, he remained seated and kept silent.

"No, I don't," Oafley said.

"Do you know where Sam Laxter was when Ashton was murdered?"

"No, I don't."

"Where were you at the time?"

"You mean at the time Ashton was murdered?"

"Yes."

"I was with Edith DeVoe."

"Getting married?" Mason inquired.

The witness showed that the subject was very painful to him.

"I think the time of the murder has been established as just after the ceremony," he said.

"I'm sorry to have opened up the wound," Perry Mason told him kindly. "I think that's all."

"That's all," Truslow said.

Shuster looked hopefully at the Court, but Judge Pennymaker avoided his gaze. "That's all," he said.

Truslow turned to give Perry Mason a fraternal wink. "Call Thelma Pixley," he said.

Thelma Pixley came forward and was sworn.

"Do you know the defendant in this case?"

"Very well."

"Did you see him on the twentythird the night Charles Ashton was murdered?"

"I did."

"What did he do?… I will state to the Court and Counsel that this is merely for the purpose of fixing a motive for the subsequent murder of Edith DeVoe. I think the fact that the caretaker's crutch was found in the apartment of Edith DeVoe indicates…"

"No objection whatever," Perry Mason interrupted. "The witness may answer the question."

"Answer the question," Judge Pennymaker instructed.

"I saw the defendant's automobile come up the driveway. He circled the house then went back below the garage and parked the car. I expected he would ring the bell and I waited to let him in, but he had a key to the back door. I saw him go in. I wondered what he was doing, so I went to my door and listened. He walked down the stairs, and I heard him open the door of Charles Ashton's room."

"Do you know how long he stayed there?"

"I saw him leave."

"What time was it when he arrived?"

"Just before ten."

"When did he leave?"

"It was just a few minutes after eleven."

"As much as five minutes after eleven?"

"I don't think so. The clock had struck eleven just before—I don't think more than a minute or two before I saw him leaving."

"Was he carrying anything with him?"

"A cat."

"Could you see the cat clearly?"

"It was Clinker."

"That's the caretaker's cat?"

"Yes."

"Would you know that cat if you saw it again?"

"Certainly."

Truslow motioned to a bailiff who had evidently been waiting for the signal. The bailiff stepped through the door to an anteroom and shortly emerged, carrying a big Persian cat, about the neck of which was affixed a tag.

"Is this the cat?"

"That's Clinker, yes."

"Your Honor," Truslow said, smiling at Perry Mason, "let it appear that the witness identifies the Persian cat, about the neck of which is affixed a tag bearing the words 'Clinker' and the initials 'H.B., in the handwriting of Hamilton Burger, the district attorney."

Judge Pennymaker nodded.

Truslow turned to Perry Mason and said, "Crossexamine."

"Could you see the cat clearly enough to identify it?" Mason inquired.

"Yes," the witness snapped belligerently. "I'd know Clinker anywhere—even if they had let you substitute cats, I could have picked Clinker out…"

Judge Pennymaker pounded with his gavel. The courtroom broke into laughter.

"That last remark may be stricken from the records," Judge Pennymaker suggested to Perry Mason.

Mason nodded. He seemed to have lost interest in the proceedings.

"No further questions," he said.

"Call James Brandon," Truslow instructed the bailiff.

James Brandon, his face seeming to leer sardonically because of the distinctive scar, came forward and was sworn.

"You're employed by Mr. Samuel Laxter?" Truslow asked.

"And by Mr. Oafley," Brandon said. "I'm employed as chauffeur and butler."

"And were so employed on the night of the twentythird?"

"Yes."

"Did you have occasion to see the defendant on that night?"

"I did."

"Where?"

"Just below the garage of the Laxter house."

"Did you see his car parked near there?"

"His car was parked about twenty yards farther down the road."

"What was he doing when you saw him?"

"He was coming from the direction of the Laxter house with a cat in his arms."

"Did you recognize the cat?"

"I did. It was Clinker."

"The cat which has been tagged with the name 'Clinker, and which is now here in court?"

"That's the cat."

"What time was this?"

"Right around eleven o'clock, perhaps two or three minutes after eleven."

"You were driving an automobile?"

"Yes."

"Where had you been prior to the time you saw the defendant?"

"I'd been in Mr. Shuster's office. Mr. Sam Laxter asked me to take him to Mr. Shuster's office. I arrived at Shuster's office shortly before ten o'clock and remained there until a little before eleven, when Mr. Laxter told me I could take the car and go home. I then drove back to the Laxter house, put up the car, entered the house and remained there during the evening."

"Was Mr. Oafley there when you arrived?"

"No, sir; he came in some ten or fifteen minutes later."

"You may inquire," Truslow said.

"Was the defendant carrying a crutch when you saw him?"

"No, sir."

"You're certain it was Clinker that he was carrying?"

"Yes, sir; I saw him very clearly in the lights of the automobile."

"Did he subsequently return to the house?"

"I don't know. I think he did."

"What makes you say that?" Mason inquired.

"I heard a car drive around the driveway and stop at a point opposite the window to Ashton's bedroom. I thought it was the defendant's car, but I didn't look. That is, I thought the motor sounded like the motor on his car."

"How long was the car there?"

The witness leered at Perry Mason. "Two or three minutes," he said. "Plenty long enough for the defendant to pick up a crutch and put it in the car."

The courtroom tittered.

"Exactly," Mason said. "Now if he had driven back to pick up the crutch, why didn't he pick up the cat at the same time? What was the object in carrying the cat in his arms if he was going to return later on with the automobile?"

"I don't know," the witness said after a moment.

"I'm quite certain you don't," Mason observed, getting to his feet. "Now, you'd been taking quite an interest in Charles Ashton, hadn't you?"

"Me, sir?"

"Yes, you."

"Why, I don't think so."

Mason stared steadily at the witness, and Brandon, squirming uncomfortably in the chair, avoided his eyes.

"Do you know when Ashton came to consult me about his cat?"

"I can't say," the witness said.

Mason, staring at him coldly, said. "You're under oath, remember that. When Ashton came to my office, you followed him, didn't you?"

"No, sir."

"You had the green Pontiac," Mason said slowly. "You parked it in front of my office. You waited until Ashton came out and then you followed him, driving slowly in the car, didn't you?"

The witness wet his lips, remained silent. Judge Pennymaker leaned forward, his face showing interest. Truslow looked puzzled.

"Go on," Mason said; "answer the question."

"Yes, sir," the witness said finally; "I did."

"And you went to Babson, the crutch maker, and asked him about Ashton's crutch, didn't you?"

Once more, there was a perceptible period of hesitation, then Brandon said slowly, "Yes, sir; I did."

"And found out that Babson had hollowed out a receptacle in Ashton's crutch."

"Yes, sir."

"Why did you do that?"

"I was instructed to."

"Who instructed you?"

"Frank Oafley."

"Did he say why he wanted you to do that?"

"No, sir. He told me to shadow Ashton every time Ashton left the premises. He asked me to find out where Ashton went, report on everyone Ashton saw, and find out how much money Ashton spent. He was particularly anxious about the money."

"When did he tell you that?"

"On the twentieth."

"And when did he tell you you didn't need to shadow Ashton any more?"

"On the evening of the twentythird."

"At what time?"

"At dinner time."

Perry Mason returned to the counsel table, sat down in his chair and smiled over at Truslow.

"That," he said, "is all."

Truslow hesitated, then slowly said, "I think that's all. Dr. Robert Jason will please take the stand."

Dr. Robert Jason took the stand, testified to the fact that the body of Peter Laxter had been exhumed; that he had made a careful post mortem examination for the purpose of determining whether the burns had been inflicted before death or afterwards.

"What did you determine?" Truslow asked.

"The body was almost incinerated, but there were several places where the clothing had protected the flesh. It is an established fact that, where death results from burning, at points where the clothing is tight around the body, there is less damage to the flesh. On these areas I was able to make an examination from which I reached my conclusion."

"What was that conclusion?"

"That the deceased met his death prior to the fire."

"Crossexamine," Truslow announced.

"Did you determine whether the cause of death had been burning or carbon monoxide poisoning?" Mason asked.

Dr. Jason shook his head. "In all cases of burning there is usually present carbon monoxide residue in the tissues."

"So it would be virtually impossible to tell whether a person had met death from carbon monoxide poisoning, which was administered through fumes liberated from the exhaust of a motor vehicle, or by being asphyxiated and burnt in a burning house. Is that right?"

"That is approximately correct; yes sir."

"Therefore, acting on the assumption that the body would show evidences of carbon monoxide poisoning in either event, you failed to make any test for it in this post mortem examination?"

"That's right."

"Did you make any xrays of the bones?"

"No. Why?"

"I was wondering if the body showed that the right leg had recently been broken."

Dr. Jason frowned.

"What would that have to do with it?" Truslow inquired.

"I would just like to have such a test made," Mason remarked, "and, if we are going to have this evidence introduced at all, I feel that I am entitled to know whether there was evidence of carbon monoxide poisoning."

"But," Judge Pennymaker pointed out, "the witness has just stated that such evidence would be present, regardless of how the man met his death."

"Oh, no, he didn't," Mason said. "He simply testified that such evidence would be present whether death had been from burning or from carbon monoxide. I would like to have this witness instructed to ascertain immediately those two things and return to court."

"I can telephone to my office and have one of my assistants make the test immediately," the witness said.

"That will be quite agreeable," Perry Mason observed.

"That would be irregular," Judge Pennymaker pointed out.

"I know, your Honor, but the hour is getting late and I would like to have the matter completed today. After all, this isn't a case in a superior court before a jury. The function of this hearing is only to determine whether a crime has been committed and whether there is reasonable ground to suppose the defendant is guilty."

"Very well," Judge Pennymaker said; "you may do that, Dr. Jason."

Dr. Jason left the witness stand.

Della Street came pushing forward toward the rail which separated the place reserved for court officials from the balance of the courtroom. She caught Perry Mason's eye.

"Just a moment, if the Court will indulge me," Perry Mason said, and went to the rail.

Della Street whispered to him, "I've been calling the insurance company and asking for information. They've just advised me that the police in Santa Fe, New Mexico, have recovered my car. A man was driving it who claims he is Watson Clammert, but can offer no proof of his identity other than some receipts which the police think are forged, because the receipts show that he purchased and paid for the car, as Watson Clammert. But the peculiar thing is that they think he's a bank robber, as well, because in a suitcase in the car there was over a million dollars in currency."

Mason sighed with satisfaction.

"Now," he said, "we're getting somewhere."

"We'll call Winifred Laxter to the stand," Truslow said, "as our next witness."

He lowered his voice slightly and said to Judge Pennymaker, "The Court will undoubtedly bear with us that this is a hostile witness, and permit the use of leading questions."

"You may examine the witness," Judge Pennymaker said, "and rulings will be made when the necessity for leading questions becomes apparent."

"Very well. Take the stand, Miss Laxter."

Winifred Laxter walked forward, as a princess might approach the sword of a headsman.

She held up her right hand, took the oath and then walked to the witness chair and sat down.

"Your name is Winifred Laxter and you are engaged to the defendant?"

"I am."

"You were acquainted with Charles Ashton?"

"I was."

"You are familiar with the cat now in court, with a tag around its neck upon which the word 'Clinker' appears?"

Winifred Laxter bit her lip and said, "I knew the caretaker's cat."

"Is this the caretaker's cat that you have mentioned?"

Winifred Laxter looked pleadingly at Perry Mason, but Perry Mason remained silent. She took a deep breath, hesitated, seemed about to shake her head, but the cat, with a throaty "meow," jumped from the table, crossed the courtroom, leapt into her lap and curled up contentedly. Some of the spectators tittered. The Judge pounded with his gavel. The girl glanced once more at Perry Mason.

"Answer the question, Winifred," Perry Mason said, "and tell the truth."

"Yes," she said, "this is Clinker."

"Did you have Clinker in your possession on the night the night the caretaker was murdered?"

"Answer the question," Mason told her, as she looked helplessly at him.

"I'm not going to answer."

"Answer the question, Winifred," Mason repeated.

She stared steadily at him, then said slowly, "Yes, I did."

"Who gave you the cat?"

Her manner was vengeful now. "A friend of mine gave me the cat and I gave it to Perry Mason—that is, Perry Mason took it with him. He said that the police mustn't find it in my apartment."

Spectators stirred restlessly.

"Was this friend Douglas Keene?" Truslow asked.

"I refuse to answer."

"Go on and answer," Mason ordered.

Judge Pennymaker cleared his throat. In a voice which obviously contained sympathy for the young woman, he said, "Of course, gentlemen, it is only fair to advise this witness that the answer might incriminate her, in that it would make her an accessory…"

"There is no necessity," Perry Mason said. "I am representing the interest of this witness. Go ahead and answer the question, Winifred."

"Yes," she said.

"You may crossexamine," Truslow announced.

"No crossexamination," Mason said.

Truslow got to his feet. His manner was cold and purposeful.

"Your Honor," he said, "I regret being forced to do this, but it appears that the murder of Charles Ashton is inseparably connected with the murder of Edith DeVoe. The murderer must have taken the crutch from Ashton's room to the place where Edith was murdered. The murderer must have sawed up the crutch, taken out the diamonds and used a part of the crutch as a club with which to injure fatally Edith DeVoe. Therefore, the murderer of Charles Ashton must be the murderer of Edith DeVoe. It therefore becomes necessary to prove that Ashton was murdered before the cat was taken from the Laxter house and that the cat did not return to the Laxter house at any time after the murder. It is, as I see it, incumbent upon the Prosecution to account for the time of the caretaker's cat from the moment it was taken into the custody of the defendant in this action until the police recovered it. Therefore, I am going to ask that Della Street take the stand."

Della Street gasped with surprise.

"Take the stand, Della," Perry said.

Della Street stepped forward and was sworn.

"Your name is Della Street and you are the secretary of Perry Mason, who is appearing as an attorney in this case. On the night of the twentythird, did Perry Mason appear at your apartment carrying the cat known as Clinker and which is now in Court?"

"Answer the question," Perry Mason told her.

"I don't know," she said defiantly.

"Don't know?" Truslow asked.

"No," she said.

"What do you mean by that answer?"

"I mean that I don't know."

"Why don't you know?"

"Because I don't know whether this cat is the cat which belonged to the caretaker."

"But Winifred Laxter says it is."

"I am not responsible for what Winifred Laxter testified to; I am testifying under oath."

"But the cat shows that it knows Winifred Laxter."

"I am not responsible," she told Truslow icily, "for the cat's circle of acquaintances."

There was a laugh from the spectators. Judge Pennymaker smiled, even as he called the courtroom to order.

"But you admit that Perry Mason brought a cat to your apartment."

"I admit nothing of the sort. The question is not pertinent unless it has to do with the murder, and it can have nothing to do with the murder unless the cat which you claim was brought to my apartment was the caretaker's cat, and I have no knowledge whatever on that. I think you will have to ask these questions of Mr. Mason."

Truslow smiled ruefully and said to the court, "Perhaps the legal knowledge this young woman has acquired is responsible for some of Counselor Mason's success."

"She seems to have a very excellent grasp of the legal points involved," Judge Pennymaker observed.

Mason smiled.

"I am going to call Perry Mason to the stand," Truslow said. "I am aware that the procedure is unusual, but I am also aware that it is unusual for Counsel to take so active a part in the cases involving his clients as Perry Mason apparently takes. I am not asking for any confidential communication which came to him from one of his clients; I am going to ask him only what he did in connection with sheltering a criminal."

"Very well," Judge Pennymaker ordered; "Perry Mason will take the stand."

Mason stepped to the witness stand, took the oath and sat down. Judge Pennymaker looked at him with some sympathy, then said to Truslow, "After all, Counselor, while your comment as to Counselor Mason's methods of representing a client may have some justification, the fact remains that Counselor Mason is an attorney at law. He is not restricted to the representation of any one client. If it should appear, as I think it will appear, that he also represented Winifred Laxter, the Court will hold as a privileged communication anything which Winifred Laxter may have said to him. As you have so aptly pointed out, Counselor Mason's methods are perhaps somewhat unusual, but you must admit that his history shows a long line of successes which have been achieved, not through a defense of the guilty, but through strikingly original methods of demonstrating the innocence of his clients."

"I'm not talking about the past," Truslow said grimly, "I'm talking about the present."

"I thank your Honor for holding out a lifeline to me," Mason said smilingly, "but I hardly think it will be necessary."

Truslow said, "Your name is Perry Mason? You are an attorney at law?"

"That is right."

"You are the attorney representing Douglas Keene?"

"I am."

"Did you go to the waffle place operated by Winifred Laxter on the night of the twentythird?"

"I did."

"Did you take into your possession a cat at that place?"

"I did."

"What did you do with that cat?"

Perry Mason smiled. "I'll even go farther than your question, Mr. Truslow, the cat was given to me with the statement that it was Clinker, the caretaker's cat, and Winifred Laxter stated that the cat had been in her possession ever since shortly after eleven o'clock when it had been delivered to her by Douglas Keene, the defendant in this case.

"I told Miss Laxter that it was important the police did not find the cat there, and I took the cat and personally delivered it to my secretary with instructions to keep it in her possession."

"And just why did you do that?" Truslow asked.

"I did it," Perry Mason said, "so that there would be no chance for the cat to escape and return to the Laxter residence."

It took a moment for the meaning of Mason's words to penetrate to Truslow's consciousness. He frowned and said, "What?"

"I did it so the cat couldn't get back to the Laxter residence."

"I don't understand," Truslow stated.

"In other words," Mason remarked calmly, "I wanted to establish that if the cat tracks on the counterpane of the bed in which Charles Ashton was found dead were those of Clinker they must have been made prior to the time Douglas Keene left the house."

Truslow frowned. For a moment he forgot his role of questioner as he sought to follow Mason's reasoning. "That," he said, "doesn't benefit your client any."

"It does to this extent," Mason answered. "It clarified the situation so that the real murderer could be found."

Truslow asked no question, but stood in puzzled contemplation, waiting for Mason to go on, while Judge Pennymaker leaned forward in order to miss no word.

"I acted on the assumption," Mason said, "that Keene was innocent. I couldn't definitely prove his innocence except by proving someone else was guilty. The police officers jumped to the conclusion that Keene was lying. On the face of it, Keene must have been lying. Ashton was undoubtedly killed at ten thirty. Keene was undoubtedly in Ashton's room, where the body was subsequently found, at ten thirty. There were cat tracks on the counterpane. The police jumped to the conclusion those tracks were made by Clinker. But Keene said he had left the house shortly after eleven, taken Clinker with him, and, at the time he left, Ashton's body was most certainly not in the room.

"In place of following the reasoning of the police and acting on the assumption Keene was lying, I decided to act upon the assumption Keene might be telling the truth. In that event, the cat tracks could not have been those of Clinker; in that event Ashton could not have been at the place where his body was found at ten thirty. Yet, since he was undoubtedly killed at ten thirty, it becomes very apparent that he must have been killed at some place other than that in which his body was found. In that event, the cat tracks must have been made by some cat other than Clinker.

"When I had reasoned this far I suddenly realized the importance of proving just that point and of accounting for every minute of Clinker's time, from the moment Keene took him from the house. I could think of no better manner than to take him into my personal custody and keep him where the murderer couldn't find him."

"Why," Truslow demanded, "did you want to establish the fact that this cat, Clinker, was taken from the house by your client?"

"Because," Mason said, "Clinker was the only cat who had access to the residence. Moreover, Clinker kept other cats chased out of the neighborhood. Therefore, if Keene was telling the truth, Ashton's body must have been brought to the house after Ashton was murdered, and the murderer, in order to make it seem that Ashton had been murdered in bed, and to direct suspicion toward Douglas Keene, must have gone out into the night in search of a cat and brought it forcibly to the house, taken it to the bed where Ashton's body lay—a bed, by the way, on which the sensitive nostrils of a cat could have detected the odor of Clinker—and forced that cat to make tracks on the counterpane.

"If that is what happened, one who is at all familiar with the nature of cats would realize that the cat would be very apt to resent such treatment and that his resentment would take the form of deep scratches on the murderer's hands. I therefore looked over the possible suspects to find someone with scratched hands. When I found that person, I found he had sought to conceal the scratches on his hands by making additional scratches under circumstances which would seem to offer an explanation for scratched hands—towit—digging around a rose bush, apparently in an attempt to discover treasure, but the digging was certainly not the type of digging one would indulge in if trying to unearth a million dollar treasure. Therefore, I came to the conclusion that the digging was for the sole purpose of furnishing him an excuse by which he could account for scratches on his hands, claiming that they had been inflicted by the rose thorns."

Truslow's eyes were opened so wide that they seemed to bulge.

"You mean Frank Oafley? Why, Frank Oafley was with Edith DeVoe at the time Ashton was murdered."

"Yes," Mason said, "I let this entire trial proceed merely because I wanted to get that admission from his own lips, because Ashton was not murdered in his bed, but was murdered in the apartment of Edith DeVoe. He must have been murdered there. It is the only explanation which satisfies all of the physical facts in the case. Remember that Ashton was a frail, wizened individual, and that a driveway went directly past the window over his bed. A strong man could have slid Ashton's body through that window with the greatest ease."

"Just a minute," Truslow objected, suddenly aware of what was happening. "You're on the witness stand as a witness, yet you're making an argument in the case."

"Called to the witness stand," Perry Mason remarked urbanely, "as a witness on behalf of the prosecution, and I am testifying in response to a question from you asking that I explain my motive in taking the cat from Winifred Laxter and concealing it where none of the parties to the action could find it until after the police had taken it into their custody for safekeeping. And to ensure the fact that the police would keep it safe, I led the police to believe that by holding the cat they could implicate my client and perhaps cause me some embarrassment as an attorney."

Judge Pennymaker smiled and said, "I think Counselor Mason is probably making rather an argumentative answer; but the Court is certainly going to hear it. Go on with your explanation, Mr. Mason."

"I felt certain," Perry Mason said, turning to the Court, "that Peter Laxter was not dead."

Judge Pennymaker shook his head, as though trying to clear his senses. "Felt certain that what?" he asked.

"That Peter Laxter was not dead. Everything pointed to the fact that Edith DeVoe and Frank Oafley had plotted against his life; that they had decided to introduce carbon monoxide gas into his bedroom. The evidence in this case shows that Charles Ashton, the caretaker, and who was a devoted servant, apparently received from Peter Laxter a large sum of money, and the famous Koltsdorf diamonds; that this property was delivered to him for safekeeping, the reason being that Peter Laxter must have known in advance that his country house was going to be destroyed by fire.

"In other words, either Peter Laxter or Charles Ashton knew that an insidious attempt at murder was going to be made by someone. Edith DeVoe told me it was made by Sam Laxter, but I am inclined to think she said that as part of a prearranged scheme by which she and Frank Oafley had conspired to murder Laxter, and then, by accusing Sam Laxter of the murder, eliminate him from sharing in the estate, leaving Frank Oafley as the sole heir.

"Peter Laxter decided to let the conspirators go ahead with the murder plot. For reasons of his own, he wanted to disappear. One of those reasons was probably that he wanted to bring Winifred Laxter to her senses by letting her see how the two men who professed to love her would behave if she apparently were disinherited. So Ashton, the caretaker, who was in Peter Laxter's complete confidence, went to the charitable ward of the hospital. He found there a man—a Watson Clammert—who was dying; who had no relatives and no property. Ashton gave this man the best medical attendance and nursing, knowing in advance that it was a hopeless case. He built up, by this means, a fictitious relationship, so that no question was raised when Ashton took the body after the man had died.

"Undoubtedly, the conspirators had been watching for just the right opportunity to perpetrate their crime, and undoubtedly Peter Laxter had shrewdly deprived them of this opportunity until he had completed his preparations, which included getting a body and reducing all of his negotiable property to cash so that his ostensible heirs could not loot his estate.

"Watson Clammert, however, had a driving license and certain papers of identification, so it was easier for Peter Laxter to assume the name of Watson Clammert than it was to adopt an entirely new name. When the stage had been set, he let the conspirators burn up his country house, after going to the elaborate trouble of introducing carbon monoxide gas into his bedroom. They then went ahead and probated his will while Peter Laxter sat on the sidelines and laughed at them.

"You understand, your Honor, I am now stating the reasons which lay behind my actions. Much of this is, of necessity, assumption, but I think the assumption is well taken.

"Everyone has acted upon the assumption that because Oafley was not present where Ashton's body was found at the time Ashton was murdered, he has a good alibi. As a matter of fact, there is nothing which actually indicates that Ashton was murdered at the place where his body was found. I believe that he was murdered in Edith DeVoe's apartment. I believe that he went there, or was lured there by the conspirators when they found out that Ashton knew of their conspiracy. I think that they both believed Peter Laxter was dead. I think that they killed Ashton, cut up the crutch, took out the diamonds, and, knowing that they had to dispose of Ashton's body, slipped it out of the window into Oafley's waiting automobile. Then Frank Oafley drove his machine to the Laxter residence sometime after the defendant had left the premises with the cat, and slid the body through the window which was customarily left open to enable the cat to go in and out.

"The murderer knew that Clinker customarily slept on the bed. He wanted to show that everything was as it should be. So he looked around to find Clinker and found that Clinker had been taken a few minutes earlier by Douglas Keene, so he immediately realized what damaging evidence he could pile up against Keene if there were cat tracks on the bed. So he went out, found a cat and forced the cat to make tracks on the bed. In doing this his hands were scratched.

"Oafley wanted to have some logical explanation by which he could account for his scratched hands. So he arranged to have a telegram sent to him, and, in order to make that telegram appear natural, he arranged that a checkup would apparently show it had been sent by Winifred Laxter. This telegram gave Oafley an opportunity to dig in the rosebush, so that he could have a logical explanation for his scratched hands.

"Now then, your Honor, we enter upon the phase of the case which so far can only be a matter of speculation. As soon as I realized that it was contemplated a Watson Clammert might be given access to the safety deposit boxes Ashton had rented, I realized that Peter Laxter had, for the sake of convenience, taken the name of Watson Clammert, probably in order to use Clammert's driving license, rather than apply for another. I don't know what happened in Edith DeVoe's apartment shortly after eleven o'clock, but I can surmise what happened. Oafley assisted her in killing the caretaker. Then he took the caretaker's body, leaving the crutch in Edith DeVoe's apartment. They sawed up the crutch and intended to burn it up, after having removed the diamonds Sam Laxter went to his lawyer's office in the green Pontiac. He returned home in the caretaker's Chevrolet. Therefore, he must have found the Chevrolet parked at some place which he visited after leaving Shuster's office.

"He wouldn't have taken this car unless he had thought Ashton was dead, or unless he was in a hurry caused by panic.

"I feel certain that he and Shuster discussed the fact that Edith DeVoe was making charges against him. I think Shuster found out what was happening from remarks dropped by Oafley. I think Sam Laxter went to see Edith DeVoe, either with or without Nat Shuster's knowledge. Sam Laxter went to the apartment and found her dying. He left in a panic, and it is reasonable to surmise that he called his attorney, Nat Shuster. I will not speculate as to what he said to Shuster or what Shuster said to him, but the fact remains that a very shrewd attempt was made to fasten the crime on Douglas Keene. In view of the statements Edith DeVoe had been making charging Sam Laxter with murder, Sam Laxter realized at once that if it could be shown he was at Edith DeVoe's apartment at about the time the murder was committed, he would stand but little chance of being acquitted.

"Now then, the question arises: Who did murder Edith DeVoe? I don't know; but I do know that Peter Laxter, masquerading as Watson Clammert, purchased a new Buick sedan. I do know that a new Buick sedan was seen by witnesses parked immediately behind the caretaker's Chevrolet in front of Edith DeVoe's apartment house. The probabilities are that Peter Laxter went there to wait for Ashton to come out. After a period of waiting, Peter Laxter went to Edith DeVoe's apartment. This was probably at about eleven o'clock or a little later. He found Edith DeVoe under most incriminating circumstances. The caretaker's crutch had been sawed up and was being burned in the grate. The Koltsdorf diamonds were probably in plain sight on a table. I don't think Laxter lost his temper and struck Edith DeVoe purposely with a club. But we must remember that Laxter was an elderly man; that Edith DeVoe was vigorous and wellformed, strong and feline. She probably was the one who attacked Laxter. Laxter took the first weapon which came to his hand, pulling out a piece of the sawedup crutch from the fireplace. We can surmise that the crutch had just started to burn, because a few minutes before Edith DeVoe had gone into the next room to borrow a match. We know that wood had recently been burned in the grate. We know that there were some evidences of heat having been applied to one end of the section of crutch which was used as a club. And I think the police will find the fingerprint on that club was left by Peter Laxter—alias Watson Clammert."

Perry Mason ceased talking, smiled at the startled prosecutor.

Dr. Jason pushed his way into the courtroom. His manner was excited. "The man didn't meet his death by burning," he said, "or from carbon monoxide poisoning, either. He apparently died from natural causes, and there isn't any break in the right leg, so the body wasn't that of Peter Laxter."

Hamilton Burger burst into the courtroom through another door. "Your Honor," he said, "halt this trial immediately. The district attorney's office demands an indefinite continuance. A man arrested as a car thief in New Mexico as Watson Clammert has telegraphed a confession, stating that he is really Peter Laxter; that he knows Edith DeVoe and Frank Oafley killed Charles Ashton and that Peter Laxter, invading Edith DeVoe's apartment to get evidence of that murder, struck the blow which killed Edith DeVoe. Panicstricken, he wanted to escape. It's all here in this telegram. He's now willing to come back and face the music."

Pandemonium broke loose in the courtroom.

Winifred Laxter, with a glad cry, ran toward Douglas Keene, whose open arms were waiting for her.

Perry Mason uncrossed his legs, smiled at the startled face of Judge Pennymaker, reached out and snapped his fingers at the cat.

"Hi, Clinker," he said.