The Case of the Singing Skirt

CHAPTER TWELVE

Perry Mason carefully timed his entrance to the courtroom so that it was only a few seconds before threethirty when he opened the swinging doors.

The bailiff, who had been watching the clock and frowning, pressed a button signaling Judge Keyser that everything was in readiness.

Two newspaper reporters hurried toward Mason. "Mr. Mason, Mr. Mason-"

The bailiff pounded a gavel. "Everybody rise," he said.

Mason walked past the reporters and stood facing the flag as Judge Keyser took his place on the bench.

Judge Keyser said, "The Court would like to get this matter finished this afternoon if it is at all possible. Now, Mr. Redfield is here and ready to take the stand?"

"Yes, Your Honor," Fraser said, looking toward the door of the witness room.

The door opened. Alexander Redfield came in, accompanied by Hamilton Burger, the district attorney.

Mason noted the significance of Burger's presence but kept his face completely without expression.

Judge Keyser, however, showed some surprise. "You're appearing in this case, Mr. District Attorney?" he asked.

"Yes, Your Honor, in person," Hamilton Burger said.

The judge started to say something, then changed his mind, turned to Redfield, said, "Mr. Redfield, you have now had an opportunity to study that other bullet and compare it with test bullets fired from the weapon which has been introduced as People's Exhibit B. In your opinion as an expert, was that bullet fired from that weapon?"

"It was not," Alexander Redfield said.

Judge Keyser could not refrain from an involuntary ejaculation of surprise. "What!" he asked.

Redfield shook his head. "It was not fired from that weapon. It was fired from a Smith and Wesson.38-caliber revolver, but it was not fired from the weapon introduced as Exhibit B."

"But the other bullet was? The so-called second bullet?"

"That's right. The bullet in evidence as Exhibit C-1 was not fired from that weapon. The bullet in evidence as C-2 was fired from that weapon. Bearing in mind that we have simply designated those bullets as number one and two, the words first and second were only a designation used by the doctor in his testimony. It didn't indicate that the bullets were fired in that numerical sequence. Unfortunately, the bullet referred to by Dr. Calvert as the first bullet was entered in evidence as C-2 while the bullet he referred to as the second bullet became C-i in evidence. In order to avoid further confusion, I wish to refer to each bullet specifically by its exhibit number."

Judge Keyser ran his hand along the top of his head, then looked down at Burger and over at Mason. "Does counsel on either side care to make any statement?"

Mason shook his head.

Hamilton Burger said, "We have no statement at this time, Your Honor."

"Now, just a moment," Judge Keyser said. "Let's be practical about this, Mr. District Attorney. The evidence so far shows unmistakably that a crime has been committed. There is evidence-or rather I should say there has been evidence-tending to show this defendant committed the crime. What might have been referred to as the fatal weapon was found in her possession. However, there now are certain unusual circumstances in this case.

"Because of a lapse of time and the start of putrefaction, it is impossible for the autopsy surgeon to tell which of two bullets was fired first. Either bullet could have caused death. It is impossible for the autopsy surgeon to give an estimate as to the interval of time between the firing of the first and second shot. It has been at least intimated by the defense that a part of the defense in this case will be predicated upon the assumption that one of the bullets was fired a sufficient length of time after the other bullet so that death at least could have taken place prior to the time this bullet was fired."

"I understand, Your Honor," Hamilton Burger said.

"I am assuming," Judge Keyser said, "that the position of the prosecution is that the point is immaterial as far as a preliminary hearing is concerned, that there is sufficient evidence tending to connect the defendant with the commission of the crime to result in her being bound over.

"I am forced to say that I consider this position to be well taken in the eyes of the law. However, from a practical standpoint the Court would have wished that the situation could have been cleared up. It is not a pleasant duty to bind a young woman over for trial, knowing that the interim must be spent in jail. Therefore, the Court would, for its own information, have liked to have had more light on the subject. However, if it is the position of the prosecution that technically the case calls for binding the defendant over, the Court feels that that position is probably well taken."

Mason arose and said somewhat deferentially, "I take it the Court is not precluding the defense from putting on evidence."

"Certainly not," Judge Keyser said, "but let's be realistic. With the circumstantial evidence which we have in this case, a weapon which at least could be the murder weapon, found in the possession of the defendant, you can hardly contend that the evidence doesn't at least connect the defendant sufficiently with the crime to result in an order binding her over regardless of what counter-showing you might make."

"I'm not prepared to make that concession, Your Honor," Mason said.

Hamilton Burger arose with a ponderous dignity. "May I be heard?" he asked.

"Certainly, Mr. District Attorney," Judge Keyser said, "although it seems to me that Mr. Mason has the laboring oar here."

"We are not finished with our case," the district attorney said, "and we have no intention of relying upon the evidence and the assumption as indicated by the Court. We expect to go further with our proof."

"You do?" Judge Keyser asked.

Hamilton Burger nodded.

Judge Keyser settled back on the bench. "Very well," he said. "I will state that the Court will welcome such proof. I had been hoping such proof would be adduced. That was the reason I continued the matter so we could get an opinion from Mr. Redfield. Proceed with your proof."

"I believe Mr. Mason was cross-examining the witness," Hamilton Burger said.

"That is right," Judge Keyser said. "Do you have any further questions on cross-examination, Mr. Mason?"

"I have several questions," Mason said.

"In that case," Hamilton Burger said, "I will ask permission of the Court to withdraw Mr. Redfield temporarily so that I may put on another witness who will, I believe, connect up the revolver, Exhibit B, in such a way that certain matters will be clarified. This is testimony which I am particularly anxious to introduce this afternoon."

"I have no objection," Mason said. "I would, in fact, prefer to defer my cross-examination of Mr. Redfield until this additional evidence is before the Court."

"Very well," Judge Keyser said. "So ordered. Go ahead, bring on your other witnesses, Mr. District Attorney."

Hamilton Burger said, "I call Darwin C. Gowrie to the stand."

An officer opened the door of the witness room, and Gowrie stepped into the room.

"Come forward and be sworn, Mr. Gowrie," Hamilton Burger said.

Gowrie held up his hand and was sworn.

"You are now and for some years past have been an attorney at law, practicing in the court of this state?"

"That is correct."

"I will ask you if you are acquainted with Perry Mason, the attorney for the defense?"

"I am."

"I will ask you if, on the ninth of this month, you had a conversation with Perry Mason over the telephone?"

"I did."

"At that time did Mr. Mason make some statements to you concerning certain unusual decisions in murder cases?"

"He did."

"What was the conversation?"

"Now, just a minute," Judge Keyser said. "I notice there is no objection on the part of the defense, but the Court hardly sees the relevancy of this."

"If the Court please," Hamilton Burger said, "I propose to connect this up. It is an important point in the prosecution's case which I wish to make."

"As part of a preliminary examination?" Judge Keyser asked.

"Exactly, Your Honor," Hamilton Burger said. "Without wishing to engage in personalities, I wish to state as an officer of this court that in the past I have felt there have been cases where defense counsel has gone far beyond the bounds of propriety in representing clients accused of crime. I may state to the Court that in several of those cases an investigation would have been made and disciplinary action quite possibly taken, only, as it happened, because of somewhat spectacular and highly dramatic developments, it turned out that the wrong person was being prosecuted for crime. Under those circumstances it was felt that an investigation would hardly be worth while.

"However, in the present case evidence is at hand which shows at least by inference exactly what happened, and we consider this evidence equally as important as evidence tending to connect the defendant with the commission of the crime. I may state that before we are finished with this evidence, we are going to show unmistakably a link which implicates counsel for the defense in this case, not as an attorney engaging in unethical methods, but as an actual accomplice-an accessory after the fact."

"Now, just a minute," Judge Keyser said. "That statement, Mr. District Attorney, will of course be widely publicized. The Court feels that it was unnecessary for you to make such a statement at this time."

"I merely wanted the Court to understand my position.,'

"Very well," Judge Keyser said, "the statement has been made now and it cannot be recalled. If the Court had had any idea of what you had in mind, the Court would have intervened and prevented the making of such statements. The Court was only asking you whether this proof was pertinent."

"It is pertinent. I wanted to show the Court how it was to be connected up."

"Very well, go ahead," Judge Keyser said. "I may state, however, Mr. District Attorney, that in the event the proof falls short of your statement, the Court will consider the making of such statement at this time as serious misconduct, perhaps amounting to a contempt of court."

"I am quite aware of the entire possibilities of the situation," Hamilton Burger said, "and I made my statement knowingly and after having given it careful thought. If I don't prove my point, I will willingly answer to charges of contempt."

"Very well, go ahead."

Hamilton Burger turned to the witness.

"Did you make notes of the conversation you had with Perry Mason?"

"Yes, sir."

"Why, may I ask?"

"Because the conversation was exceedingly unusual and very interesting as far as an attorney is concerned."

"What was the nature of that conversation?"

"Mr. Mason told me about certain legal points which were startlingly unusual and which he had investigated from time to time."

"What was the nature of the conversation in regard to those legal points?"

"Well, it came up because Mr. Mason had suggested to a client of mine that community property which had been lost in a gambling game could be recovered by the other spouse and restored to the community. It was a remarkably unusual doctrine, and I wanted to check with Mr. Mason to make certain I had not misunderstood him."

"Was there any other conversation?"

"Yes."

"Go ahead and relate the conversation."

"Well, Mr. Mason told me he hadn't been misunderstood, he confirmed a citation which certainly lays down a rather remarkable rule of law in regard to gambling."

"And then?" Hamilton Burger asked.

"Then he went on to tell me that he had a file which he kept of unusual decisions."

"Did he make a point in regard to murder?"

"Yes. He said that there were decisions to the effect that if a person fired a fatal bullet into a victim, that is, a bullet which would necessarily cause death, and then, before the victim actually expired, another individual fired a second bullet which resulted in death, the person firing the first bullet was not guilty of murder."

"Did he cite decisions?"

"He did. I made a note of those decisions because I was greatly interested."

"Now then, can you give us the time of the conversation as well as the date?"

"Yes, it happens that I can because my office keeps a note of the numbers that I call and the time consumed in conversation. I found that I was spending a great deal of my time in telephone consultations for which we were making no charge and-"

"Nevet mind that," Hamilton Burger said. "I am asking if you can give the exact date and the exact time, and your answer was in the affirmative. Now, will you tell us the date and the time?"

"The call was made at nine-thirty on the morning of the ninth."

"Will you please give us the references Mr. Mason gave you at that time?"

"He referred to Dempsey versus State, 83 Ark. 81, 102 S.W. 704; People versus Ah Fat, 48 Cal. 6i; Duque versus State, 56 Tex. Cr. 214; i19 S.W. 687."

"Cross-examine," Hamilton Burger said to Mason.

"How did you know you were talking with me on the telephone?" Mason asked.

"I called your office number, I asked the person answering the phone to have Mr. Mason put on the line, and you came on the line."

"You recognized my voice?"

"At the time, no. I had not heard your voice. Since then I have heard your voice and know that you were the party to whom I was talking over the telephone."

"You don't know where I was when I answered that telephone-that is, you don't know whether I was in my private office, in the reception room, in the law library or where I was."

"No, sir."

"And you don't know whether I was alone or whether anyone was with me."

"No, sir, I don't know."

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

"Call your next witness," Judge Keyser said grimly.

"Call Lieutenant Tragg," Hamilton Burger said.

Lt. Tragg emerged from the witness room and took the stand.

"You took the defendant into custody on Thursday, the eleventh, Lieutenant?"

"I did."

"You had a warrant?"

"Yes."

"A search warrant?"

"Yes."

"Did you find a revolver in her possession?"

"Yes."

"Describe it, please."

"It was a Smith and Wesson.38-caliber police model with a two-and-a-half-inch barrel, blued steel, number i 33347."

"I call your attention to People's Exhibit B and ask you if you have seen that gun before."

"I have. It is the gun I found in the possession of the defendant."

"Did you find any paper in her possession?"

"I did. I found this memo taken in shorthand. I can read the shorthand notes. They say 'Murder cannot be proven if two guns used in crime inflicting equally fatal wounds at different times, Dempsey versus State, 83 Ark. 8i, 102 S.W. 704; People versus Ah Fat, 48 Cal. 61; Duque versus State, 56 Tex. Cr. 214, 1 19 S.W. 687.'"

Hamilton Burger said, "I ask that this note be marked for identification as People's Exhibit G. I wish to keep the intervening letters free for other firearm exhibits so they may be in order. Presently I shall show this note is in the defendant's handwriting."

"No objections," Mason said.

"Cross-examine," Burger snapped.

"No questions," Mason said.

"Call Loring Crowder," Hamilton Burger said.

Once more the door of the witness room opened, and a well-groomed, rather chunky man in his late forties entered the courtroom, held up his hand, was sworn, took his seat in the witness chair, turned to Hamilton Burger.

"Your name is Loring Crowder," Hamilton Burger said. "You are engaged in the retail liquor business, Mr. Crowder?"

"That is right."

"I'm going to show you a gun, Exhibit B in this case, numbered 133347, and ask you if you have ever seen that gun before."

Crowder took the gun, turned it over, looked at the numbers, said, "May I consult a memoranda?"

"You may," Hamilton Burger said, "if you will first tell us what it is."

"It is a notebook containing the number of a gun which I purchased from the Valleyview Hardware and Sporting Goods Store."

"Go ahead, consult the notebook," Hamilton Burger said.

Crowder looked at the notebook, then at the gun, said, "This is the same gun. I bought this gun about two and a half years ago from the store mentioned. I bought it to keep in my place of business."

"And what did you do with it?"

"I gave it to a friend about a year ago."

"Who was the friend?"

Crowder said, "I gave this gun to my friend, George Spencer Ranger. Mr. Ranger was having troubles and-"

"Never mind that," Hamilton Burger interrupted. "I'm just trying to trace the gun. You gave it to George Spencer Ranger."

"That is right."

"Was it a gift or a loan?"

"It was a loan."

"And did Mr. Ranger return the gun to you?"

"No, sir, he didn't. He told me that he had given it to-,'

"Never mind what he told you. That's hearsay," Hamilton Burger said. "I'm simply asking you if he gave the gun back to you."

"No, sir, he did not."

"That's all," Hamilton Burger said. "Cross-examine."

"No questions," Mason said.

"Call George Spencer Ranger," Hamilton Burger said.

Once again an officer opened the door of the witness room, and Ranger, a tall, loose-jointed man in his forties with a shock of dark hair and heavy dark eyebrows, entered the courtroom.

"Hold up your right hand and be sworn," Hamilton Burger said.

The witness was duly sworn, gave his name and address to the court reporter, seated himself on the witness chair, turned to Judge Keyser and said, "I want it understood that I am here against my will. I have been subpoenaed by an officer who took me into custody and forced me to accompany him here. I am not testifying willingly."

"That doesn't make any difference at this time," Judge Keyser said. "If you were brought here in response to the process of the court, you are here and you are called as a witness. It is your duty to give your testimony."

"If the Court please," Hamilton Burger said, "this is a hostile witness. It will be necessary to ask leading questions."

"Go ahead with your examination," Judge Keyser said. "We will determine the attitude and the necessity for leading questions as we go along and if and when objection is made."

"You are acquainted with Loring Crowder?"

"I am, yes, sir."

"Did Loring Crowder lend you a Smith and Wesson revolver some time ago?"

The witness thought for a moment, then said, "Yes."

"Did you return that gun to Mr. Crowder?"

"I did not."

"Where is it now?"

"I don't know."

"What did you do with it?"

"I… I surrendered it."

"To whom?"

"My attorney told me it would be better to leave it with him."

"Who was your attorney?"

The witness hesitated.

"Who was it?" Hamilton Burger asked. "The court records show it. It was Perry Mason, wasn't it?"

"Yes."

"Now then, I show you a gun marked People's Exhibit B, being a Smith and Wesson revolver, number 133347, and ask you if that is the gun."

"I don't know," the witness said, giving the gun only a cursory look.

"Look at it," Hamilton Burger said. "Take it in your hand."

The witness extended his hand, looked at the gun, handed it back to Hamilton Burger, said, "I still don't know."

"All right, I'll put it this way," Hamilton Burger said. "You got a gun from Loring Crowder?"

"Yes."

"And whatever that gun was, you gave that gun to Perry Mason?"

"Yes."

"When?"

"When my case was coming up, something over six months ago."

"Did Perry Mason at any time ever give that gun back to you?"

"No."

"That was the last time you saw it, when you gave it to Perry Mason?"

"Yes."

"And the gun that you gave him was the same gun that you got from Loring Crowder?"

"Yes."

"Is there anything about this gun which is at all dissimilar to the gun which was given you by Loring Crowder?"

"I can't remember. I can't remember what that gun looked like."

"It could be this gun?"

"It could be."

"You may cross-examine," Hamilton Burger said.

"No questions," Mason said.

"Now," Hamilton Burger said, "I want to call Helman Ellis, the husband of the deceased woman."

Once more the door of the witness room was opened, and the deputy called out the name, "Helman Ellis."

Ellis entered the courtroom, glanced at Ellen Robb, hastily averted his eyes, walked over to take the oath and seated himself in the witness chair.

Hamilton Burger said, "Your name is Helman Ellis. You were the husband of Nadine Ellis? She was your wife in her lifetime?"

"Yes."

"You own the yacht on which the body was found, the Cap's Eyes?"

"Yes."

"When did you last see your wife alive?"

"I saw her briefly on the early morning of Wednesday, the tenth."

"Where was she?"

"She was in our house, and then I last saw her in an automobile."

"Where?"

"At our home at Rowena, in the garage."

"Did you have any conversation with her?"

"A very brief conversation."

"And of what did that conversation consist?"

"I told her I wanted to explain certain things to her. She told me that an explanation could do no good, that things had progressed to such a point that talk would accomplish nothing."

"Then what?"

"I kept trying to patch things up with her, but I saw it was no use. I was trying to get possession of a gun she had. She told me she was going to divorce me."

"What time was that?"

"A little before six."

"Will you explain the circumstances, please?"

"The night before, that was Tuesday night, I had planned to go cruising on our yacht. She was going to accompany me. We had an argument. She pulled a gun on me and left me marooned on the yacht. She told me she was going to Arizona and kill 'my mistress.' I didn't get ashore until nine-thirty.

"After I warned Ellen, I went home and quietly let myself in. I slept on the couch without undressing. My wife latchkeyed the door and let herself in about 5:45 A.M. She had been driving our car. She left the motor running while she went to her room to get something.

"I followed her out to the car. She said she was satisfied I had tried to make her think 'my mistress,' the defendant, had gone to Arizona simply to throw her off the trail. She said she knew now where the defendant was and that I had spent the night with the defendant. She said the defendant had gone aboard our yacht in the belief I was there. She said she was going to pistolwhip the defendant so her beauty would be permanently marred."

"What did you say to that?"

"Nothing. I had never met the defendant aboard our yacht. I knew my wife was barking up the wrong tree, so I decided to let her go, feeling she might calm down after she found out her mistake.

"She had also told me she was going to have a fingerprint expert dust the cabin of the yacht to find the defendant's fingerprints. Since I felt sure there were no fingerprints of the defendant there, I felt it would be best to let my wife follow up this lead, and in that way she might convince herself her suspicions were groundless."

"Then what happened?"

"She drove off."

"And at that time she was headed for your yacht?"

"Yes."

"You never saw her alive after that?"

"No."

"Cross-examine," Burger said.

"Later on, on Wednesday, you went to my office?" Mason asked.

"Yes."

"And told me about the altercation on the yacht?"

"Yes."

"And about this subsequent meeting with your wife?"

"Yes."

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

"Just a minute," Hamilton Burger said. "I have some questions on redirect."

Hamilton Burger arose and faced the witness. "Did you have occasion to look for your yacht, the Cap's Eyes later on, on Wednesday?"

"Yes."

"At what time?"

"Around noon."

"Was it at its accustomed mooring at the club?"

"No, sir, it had gone."

"When did you next see it again?"

"When the police brought it back."

"When did you next see your wife again?"

"In the morgue."

"Now, I show you a gun which was found near the hand of your wife when her body was discovered on the yacht. I note that this gun is identical in appearance with the gun which has been introduced in evidence as People's Exhibit B, number 133347. Now, I don't like to keep referring to these weapons in the record by number, so I am simply going to refer to this as the Ellis gun because it was found in the cabin of your yacht and I believe you can identify that as to ownership."

Ellis said, "I can, yes, sir. That gun was given to me by George Anclitas."

"And what did you do with it? Did you carry it?"

"No, sir, I did not. I kept it aboard the yacht for personal protection."

"Your wife knew it was there?"

"Yes."

"Where was it customarily kept?"

"In a drawer in the cabin."

"Do you know if your wife had this gun on Tuesday? Was that the gun you referred to when you testified your wife pulled a gun?"

"Yes, sir."

Hamilton Burger said, "We ask that this gun be marked for identification as People's Exhibit E, Your Honor. We will not offer to introduce it in evidence at this time, because that offer should properly come after positive identification is made as to this being the gun that was found in the cabin of the yacht, the Cap's Eyes."

"Very well," Judge Keyser said, "the gun will be marked for identification only."

"I don't think I have any further questions at this time," Hamilton Burger said, "but I notice it is nearing the hour of adjournment. My next witness, George Anclitas, is here under subpoena. He is a businessman, proprietor of an establishment in Rowena, which has several businesses combined under one management, a motel, a trout pooi, a swimming pool, a night club and a parlor where legalized games are played. It is a great hardship for Mr. Anclitas to be here, and I ask permission of the Court to withdraw this witness and put Mr. Anclitas on the stand at this time.

"The testimony of Mr. Anclitas will be brief, and in this way we can finish with him this afternoon so he won't have to return tomorrow."

Judge Keyser looked inquiringly at Perry Mason. "Does the defense wish to object?" he asked.

"No objection," Mason said. "It is quite all right as far as I am concerned."

"Call George Anclitas."

The deputy opened the door of the witness room. George Anclitas emerged.

Helman Ellis, leaving the witness stand, walked in front of Ellen Robb, smiled reassuringly and returned to the witness room.

George Anclitas, his head held high, stalked to the witness stand with the stiff-backed gait of a marching soldier, turned with almost military precision, held up his hand, took the oath and seated himself.

"Your name is George Anclitas? You are one of the owners of The Big Barn in Rowena?" Hamilton Burger asked.

"Yes, sir."

"Do you know the defendant?"

"Yes, sir."

"Was she in your employ?"

"Yes, sir."

"For how long?"

"Some four or five months."

"And what were her duties?"

"She sang songs, sold cigars and cigarettes when necessary and did various odd jobs."

"When did the employment terminate?"

"She left on the evening of the ninth."

"Why did she leave?"

"I fired her."

"Why?"

Judge Keyser said, "Of course, this is preliminary but unless it's connected up I don't see its relevancy, particularly in view of the fact that the answer might tend to be an appraisal of the character of the defendant through hostile eyes."

"I think it's pertinent. I think it will be connected up, Your Honor," Hamilton Burger said.

"No objection from the defense," Mason said. "Let him go right ahead."

"Answer the question," Hamilton Burger said.

"She was bringing too much notoriety to the place. She was having an affair with Helman Ellis, and Mrs. Ellis got on to it-"

"Now, just a minute, just a minute," Judge Keyser said. "This witness is obviously testifying to hearsay now."

"I think perhaps these are conclusions of the witness, based upon his own personal observations, however," Hamilton Burger said.

"I think it's hearsay," Judge Keyser said. "Let me ask the witness a couple of questions. How do you know the defendant was having an affair with Helman Ellis?"

"Because I caught them."

"You caught them?"

"Well, they were embracing."

"How do you know that Mrs. Ellis knew about it?"

"Because she made a scene with the defendant, Ellen Robb."

"Were you there?"

"I was there."

Judge Keyser glanced down at Perry Mason, a puzzled frown creasing his forehead. "Very well," he said, "go ahead."

"Now then, did you give Helman Ellis a gun?"

"I did."

"What kind of a gun?"

"A Smith and Wesson,.38-caliber, two-and-a-half-inch barrel."

"I will show you a gun marked for identification as People's Exhibit E and ask you if that is the gun."

Anclitas looked at the gun, said, "That's the one."

"How long ago did you give him this gun?"

"About six weeks ago."

"Cross-examine," Hamilton Burger said.

Mason said, "Before embarking upon this cross-examination, Your Honor, I would like to ask whether test bullets from this gun marked Exhibit E were compared with the fatal bullet number one taken from the body of the decedent."

Judge Keyser nodded his head. "That seems a logical question. Were they so compared, Mr. District Attorney?"

"Certainly not," Hamilton Burger sn apped.

"Why not?" Judge Keyser asked.

"Why should they be? This gun, Exhibit E, was fired at the assailant. A bullet from this gun was found embedded in the woodwork of the cabin near the door. It had only been fired once."

"Nevertheless," Judge Keyser said, "in view of the fact that it is now apparent that there is one bullet which can't be accounted for-at least we can't account for the gun which fired it-it would seem that there should be a ballistics test made of this weapon. I should think that would have been done as a matter of routine."

"At the time," Hamilton Burger said, "we were under the impression both of the fatal bullets had been fired from the gun which was in the possession of the defendant, the gun Exhibit B."

"I cane readily understand that," Judge Keyser said, "but it certainly seems to me there should be a comparison of the other bullet, the slightly damaged bullet, with test bullets fired from this gun."

"Yes, Your Honor."

"It is now becoming apparent that we can't close this case today. I would suggest that the ballistics expert make such an examination before court convenes tomorrow morning."

"Yes, Your Honor," Hamilton Burger said.

"Now go ahead with your cross-examination, Mr. Mason."

Mason said, "There was an altercation with the defendant prior to her discharge?"

"I don't know what you mean, an altercation," Anclitas said. "She attacked me."

"In what way?"

"Striking and clawing."

"And you hit her?"

"I defended myself."

"You hit her?"

"I tell you, I defended myself."

"You hit her?"

"What was I supposed to do, stand there and let my face get clawed? I tried to keep her off."

"You hit her?"

"All right, I hit her!" Anclitas shouted.

"Thank you," Mason said. "I believe you hit her in the eye."

"I don't know where I hit her. I popped her one."

"You saw her with a black eye?"

"I saw her with a black eye."

"And you have been sued for seventy-five hundred dollars actual and punitive damages because of this assault you made on the defendant?"

"I object, Your Honor," Hamilton Burger said. "That's not proper cross-examination. It's incompetent, irrelevant and immaterial."

Judge Keyser, plainly interested, leaned forward to study George Anclitas. "The objection is overruled," he said. "It goes to show the bias of the witness."

"Answer the question," Mason said.

"All right, so I'm getting sued. Any lawyer can file a suit. She hasn't collected anything and she isn't going to."

"You propose to see to it that she doesn't collect?"

"That's exactly right. You just slapped a nuisance value suit on me, hoping I'd compromise. I've got news for you, Mr. Mason. You ain't going to get a dime."

"And as a result you don't like me?" Mason asked.

"Since you asked me the question and since I'm under oath," Anclitas said, "I don't like any part of you. I don't like the ground you walk on."

"Now then," Mason said, "you took one look at this gun and said that was the gun you had given Helman Ellis."

"That's right."

"You didn't look at the number?"

"I didn't need to. I know the gun."

"What do you know about it?"

"Look," Anclitas said, "my partner bought four guns, Mr. Mason. He bought them all at once. He bought them from the Rowena Hunting and Fishing Store. He brought them to the place of business and gave them to me."

"Do you know the numbers?"

"Why should I know the numbers?" Anclitas asked in disgust. "I should go around carrying gun numbers in my head!"

"The guns were all alike?" Mason asked.

"All alike. It was a special order."

"Your partner went in and picked them up?"

"I placed the order, and then after the manager of the store told me the guns were in, I sent Slim Marcus down to pick them up."

"The guns were all identical in appearance?"

"That's right."

"Then how can you tell that this was the gun you gave Helman Ellis? How do you distinguish it from any of the other guns if you didn't look at the number?"

"Because I know the gun."

"How do you know it?" Mason asked. "What is distinctive about it? What differentiates it from any of the other guns?"

"Well, for one thing, this particular gun has a little nick on the front sight."

"Anything else?"

"I don't think so."

"Where are the other three guns?"

"I have them."

"Where?"

"At my place of business, naturally. I don't carry three guns with me, one in each hip pocket and one in the side coat pocket," Anclitas said sarcastically.

"If the Court please," Mason said, "I see it is approaching the hour of the afternoon adjournment. I would like to have the witness instructed to return to court tomorrow morning and bring those guns with him."

Hamilton Burger, his face flushed with indignation, was on his feet.

"Here we go again, Your Honor, a typical Perry Mason trick. It's a well-known fact that when Mason gets in a case he starts digging up guns out of anywhere and everywhere. He gets them in the case and juggles them all around and gets everybody confused. Those three guns that George Anclitas has have nothing more to do with this case than the stock of guns in the gun display counter in the Rowena Hunting and Fishing Store."

"I'm inclined to agree with the district attorney," Judge Keyser said. "I fail to see where they have any bearing in this case."

Mason said, "The witness has identified the gun that he gave Helman Ellis by stating that it had a slight nick in the front sight. There were no other marks of identification."

"Well, that one mark of identification is all he needs under the circumstances," Hamilton Burger blazed.

Mason abruptly pushed the gun into the district attorney's hands. "All right," he said, "if that's the way you feel about it, point out the nick in the front sight so the Court can see it."

Hamilton Burger shouted, "Point it out yourself! I'm not taking orders from you!"

"Then perhaps we'll let the witness point it out," Mason said. "I only suggested you do it because you were so positive that this mark of identification was sufficient. I will hand the gun to the witness and ask him to point out the identifying mark on the front sight."

Mason turned to Anclitas. "Perhaps, Mr. Anclitas, you'll be good enough to leave the witness stand, step up here and point out the notch or nick on the front sight to the Court and to the district attorney."

"He can point it out to the Court," Hamilton Burger said. "He doesn't need to point it out to the district attorney. The district attorney knows what gun this is. The district attorney does want to state to the Court, however, that the greatest care should be taken to see that these tags marking the guns as Exhibits are not switched. At the moment, defense counsel has two guns in this case, and if he's given the faintest opportunity-"

"That will do," Judge Keyser interrupted coldly. "There is no occasion for such statements. The witness will step forward and point out the nick on the front sight of the gun to the Court."

Anclitas came forward, said, "It isn't so much of a nick, really, just a place where the metal was scraped. We had an argument about whether a manicurist's nail file was hard enough to cut steel, and I drew the edge of the file along here. I-"

Abruptly Anclitas stopped, looked at the gun, then turned the gun over, held it to the light and said, "Well, I guess it wore off. It wasn't a deep cut in the metal, just a place where we'd sort of cut through the bluing on the steel."

Judge Keyser leaned forward. "But I don't see any place where the bluing has been cut through."

"Neither do I," Anclitas admitted.

"Yet," Perry Mason said, "this was the only mark of identification on which you said you relied in swearing under oath that this was the gun you had given Helman Ellis."

"Well, it was found in his boat, wasn't it?"

"The question is," Mason said, "how you can be sure."

Anclitas turned the gun over and over in his hand. "Well," he said, "I'm certain, that's all. I just know this is the gun but… well, I don't seem to see the place where the nail file left a mark on the front sight."

Mason, feeling his way cautiously, said, "Now, let me see if I understand you, Mr. Anclitas. You bought four guns at one time?"

"That's right."

"And one of those guns you gave to Helman Ellis?"

"I've already said so half a dozen times."

"And there was a dispute as to whether an ordinary manicurist's nail file was hard enough to leave a mark on a gun barrel?"

"Yes, sir."

"And was a bet made on that?"

"Yes, sir."

"With whom?"

"With my partner, Slim Marcus."

"How much was the bet?"

"Fifty dollars."

"Do you remember how the subject came up?"

"Oh, Your Honor," Hamilton Burger said, "this is completely incompetent, irrelevant and immaterial. It's not proper cross-examination. Counsel is quite obviously simply trying to prolong proceedings past the hour of adjournment, hoping that during the evening he can think of some more questions to ask Mr. Anclitas.

"I have already pointed out that it would be inconvenient for Mr. Anclitas to return to-"

Judge Keyser interrupted. "We still have a few minutes, Mr. District Attorney. The question of the identification of this gun having been opened up, and the witness having stated that he identified it solely from the mark of a manicurist's nail file left in the front sight, I certainly think counsel is within his rights. The objection is overruled. Answer the question, Mr. Anclitas."

"Well," Anclitas said, "we were talking about the different guns and I suggested they should be marked, that we had four guns and there was no way of telling one from the other unless we looked at the numbers. So I suggested we file little marks on the barrel of the guns; one mark on one gun, two on the next, three on the next and four on the other.

"Slim Marcus, my partner, thought it was a good idea, but we couldn't find a file so I said we'd go over to the barbershop and borrow a nail file from the manicurist, and he said a nail file wasn't hard enough to cut the barrel of a gun. I got in an argument about it and bet him fifty dollars."

"So what happened?" Mason asked.

"So we took the gun, went over to the barbershop, borrowed the manicurist's file, made the mark on the front sight of the gun, and I collected fifty dollars."

"Thereafter was your idea carried out, of marking each of the guns?"

"No. Slim was mad over losing the bet and thought that I had framed the whole deal. He accused me of having experimented in advance of making the bet."

"Now, you state that this gun which had the mark on the front sight was the one that you gave Helman Ellis?"

"I certainly thought it was."

"What were the circumstances?"

"Well, after we had this bet I was carrying the gun back to the bar. It was a gun we kept underneath the bar just below the cash register so that in case of a holdup we could protect ourselves.

"Helman Ellis was standing there by the bar and saw me carrying the gun and wanted to know if I had been trying to make a collection from some customer who didn't want to pay or something of the sort-he made some joke about it, and one thing led to another and he started admiring the gun and finally I gave it to him. I felt it would be good business. Helman Ellis was becoming a regular customer and-well, I make no secret of it, I wanted to cultivate him."

"Why?" Mason asked.

"Because," Anclitas said angrily, "I'm running a place of business and I make my profit by having customers."

"Then in your mind there is no question whatever but that the weapon you gave Helman Ellis was the one that had the file mark on the front sight?"

"That's right."

"Yet you don't find this mark on the front sight here now, and therefore I take it you wish to change your statement that this was the gun you gave Helman Ellis?"

"I'm not changing anything," Anclitas said sullenly. "That's the gun that was found on the Ellis boat; it's the gun I gave Ellis."

"But the distinguishing mark is no longer on the front sight."

"It may have worn off."

"You had no other means of identifying the gun?"

"Just by its appearance."

"When you testified, you gave as your sole reason for identifying the gun-"

"Your Honor," Hamilton Burger interrupted, "this question has been asked and answered half a dozen times. The witness has given his best opinion. We now know the facts. We aren't going to gain anything by having counsel carry on an argument with this witness. I-"

A deputy who had hurried into the courtroom moved up to Hamilton Burger and tugged at his coat sleeve.

Burger turned in annoyance, saw the expression on the deputy's face, said to the judge, "Just a moment, please, Your Honor. May I be indulged for just a few minutes? Apparently a matter of some importance has arisen."

Burger engaged in a whispered conference with the deputy. At first Burger's face showed complete incredulity, then surprise, then as the deputy continued to whisper forcefully, a slow grin began to appear on the district attorney's face.

Abruptly he nodded to the deputy, turned to the Court.

"If the Court please," he said, "a matter of transcendent importance has arisen in this case. I am going to call Perry Mason to the stand as my next witness."

"You can't do that," Judge Keyser said, then at the expression on Hamilton Burger's face, said, "unless, of course, there is some factual matter which can be cleared up by defense counsel. But certainly defense counsel is hardly qualified as a witness to appear against his client."

"As it happens, Your Honor," Hamilton Burger said, "and in order to explain the reason for my action, it seems that one Maurice Halstead, a very competent firearms expert engaged in ballistic examinations, was given a gun by Perry Mason's representative and was asked to fire several test bullets from that gun.

"When it appeared that there was some question about the two bullets in this case having been fired from different guns, Mr. Halstead communicated with my office to state that, while he wished to protect his relations with his client, he did not wish to be put in the position of concealing evidence. He asked that Mr. Redfield, the ballistics expert who has already testified in this case, make a confidential examination of the test bullets. If they had not been fired from the murder weapon, he asked that Mr. Redfield say nothing about the matter. If, on the other hand, they had been so fired and therefore were evidence, Maurice Halstead did not care to be put in the position of suppressing evidence."

Burger turned to Perry Mason and said significantly, "It is unfortunate that all persons are not actuated by such high standards of professional conduct."

Judge Keyser, plainly interested, was leaning forward. "Go on, Mr. District Attorney. Kindly avoid personalities. Make any statement that you wish to the Court, since this is a case being tried without a jury."

"The test bullets fired from the gun given Maurice Halstead by Perry Mason are an undoubted match with the bullet which we have referred to as bullet number two in this case, the one which previously we had been unable to identify.

"We now have a situation, Your Honor, where it appears that one fatal bullet was fired from a weapon which was in the possession of Perry Mason, that the second bullet-which may have been fired some time after death-was fired from a gun which had been in the custody of Mr. Perry Mason.

"The inference is obvious. The defendant in this case came to Perry Mason with a gun which had fired a fatal bullet into the body of Nadine Ellis. I won't at this time make any accusations, but it seems that that gun very mysteriously left the possession of the defendant and that the defendant was given a gun which could only have been given her by her counsel, Perry Mason. And it is at least an inference that she was instructed to return to the scene of the crime and fire a second bullet from that gun into the body of the victim.

"This, coming at a time when counsel had recently been investigating the law concerning two persons firing fatal shots into a body, certainly tells its own story.

"It is one thing for counsel to advise a person accused of crime and try to protect the rights of that person, but it is quite another thing for an attorney to become an accessory to murder.

"Counsel has been under suspicion before. This time by a fortunate circumstance the evidence exists which has-"

"That will do, Mr. District Attorney," Judge Keyser interrupted. "You will make no statements about counsel. If you have any matter to take before the Grievance Committee of the Bar Association, you may do so. If you wish to subpoena counsel to appear before the grand jury and have the grand jury investigate the question of whether counsel has become an accessory after the fact, you also have that privilege.

"In this court you are confined to discussing the relevancy of evidence. However, I will state that the statement you have made is certainly ample foundation to enable you to call Mr. Mason to the stand.

"Mr. Mason will take the stand and be sworn as a witness on behalf of the prosecution."

"Just a moment, Your Honor," Mason said, his face granite hard. "Regardless of what the district attorney may wish to prove by me, the fact remains that I am representing the defendant in this case and am entitled to conduct this case in an orderly manner. The witness, George Anclitas, is being cross-examined by me. The witness was called out of order on the statement of the district attorney that it would work a great hardship on him to be forced to return tomorrow. I insist on concluding my cross-examination of the witness."

"And I submit, if the Court please," Hamilton Biirger said angrily, "that this is simply an excuse to stall for time. Counsel has actually completed his cross-examination. Any questions he may ask from now on will be purely repetitious."

"It would seem that the examination had reached a logical conclusion," Judge Keyser said. "The Court will state it does not intend to have this cross-examination unduly prolonged. However, counsel is certainly within his rights. The witness Anclitas was put on out of order on the representation of the district attorney that it would work a great hardship on him to have to return tomorrow. Counsel is entitled to complete his crossexamination before any other witness is called, particularly in view of the fact that this witness was put on out of order at the request of the district attorney."

Hamilton Burger yielded the point with poor grace. "I serve notice here and now," he said, "that I am going to insist this cross-examination be conducted within the strict rules of evidence and not used as an excuse to prolong this case."

"Very well," Judge Keyser said, "proceed with your questions, Mr. Mason."

"You are positive that the gun you gave Helman Ellis was the one that you had personally marked with a manicurist's nail file?" Mason asked.

"Objected to as already asked and answered and not proper cross-examination," Hamilton Burger said.

"Sustained," Judge Keyser snapped.

"When this gun was handed to you by the district attorney," Mason said, "when was the last time prior to that occasion that you had seen the weapon?"

"Objected to as already asked and answered and not proper cross-examination."

"Overruled."

"Answer the question," Mason said.

"When I gave the gun to Helman Ellis."

"You're satisfied it's the same gun?"

"Objected to as repetitious, as already asked and answered."

"Sustained."

"You don't know the various numbers on the four guns which you purchased?"

"Objected to as incompetent, irrelevant and immaterial; not proper cross-examination, already asked and answered," Burger said.

"The objection is sustained," Judge Keyser ruled.

"Do you now, or did you at the time you gave the weapon to Helman Ellis, know the number of that weapon?"

"Objected to as incompetent, irrelevant and immaterial; not proper cross-examination."

"The objection is overruled."

"No, I didn't know the number of that particular gun," Anclitas said. "I didn't look at it. I told you all I know. I gave him the gun. That's all I know."

"Have you had occasion to examine the other three guns remaining in your possession?" Mason asked.

"Objected to. Not proper cross-examination," Hamilton Burger said.

"Overruled."

"No, I haven't examined them."

"I would suggest," Mason said, "that during the evening adjournment you examine these guns carefully and see if any one of those three guns does have a mark on the front sight-a mark made by a nail file such as you have described."

"That's counsel's suggestion," Hamilton Burger said, "but you don't have to act on it. I submit to the Court that this witness has given his evidence to the best of his ability."

"There may, however, have been a confusion in the mind of the witness as to the sequence of events," Judge Keyser said. "I think it is established that he gave a gun to Helman Ellis. The gun found near the body of Nadine Ellis was a gun which had been sold to George Anclitas or his associate, Wilton Marcus. The Court is not very greatly impressed by any of these questions concerning the mark on the front sight. It is quite apparent that the witness made a perfectly natural mistake in regard to the sequence of events, and unless it can be shown that there is some significance which is not presently apparent, the Court is not impressed by the absence of a file mark on the front sight. If, however, it should appear that such a mark is on the front sight of one of the three guns remaining in the possession of this witness, it might clarify the situation simply by showing that there was a natural mistake.

"However the Court fails to see where it affects the issues in this case other than, perhaps, to lay a foundation for cross-examining the witness when the matter reaches the Superior Court."

"Now then," Mason said, "I want to account for each one of these weapons. You purchased four weapons. I want to know where you kept them."

"Your Honor," Hamilton Burger said, "may I object, may I please object? This is not proper crossexamination. If counsel is permitted to go into the location of each of these four weapons and cross-examine the witness as to how he knows they're the same weapons, how he knows they were at a certain place at a certain time, this whole situation will become completely interminable. Counsel is very apparently stalling for time, and time is running out. It is now only a few minutes before the hour of the evening adjournment."

"Nevertheless," Judge Keyser said, "while the Court intends to be very strict in enforcing the rules of evidence and of cross-examination, the Court is not going to deprive the defendant of her rights simply because a situation has arisen in which defense counsel may well wish for time in order to prepare himself.

"The Court wishes to point out to the prosecutor that if the prosecutor had called Perry Mason to the stand without making this statement in open court, there would have been no opportunity for what the district attorney refers to as stalling."

"I thought I was within my rights in calling him," Hamilton Burger admitted somewhat sheepishly. "I had forgotten that technically he hadn't concluded his cross-examination of George Anclitas."

"That," Judge Keyser said coldly, "was your mistake, not the mistake of the Court. The Court wants to be fair in the matter. The Court will admit that in the face of statements made which apparently have been checked by the prosecutors, the circumstantial evidence indicates a situation of the utmost gravity. The Court will state further that the Court is going to get at the bottom of this and, while the Court intends to permit a reasonable cross-examination of this witness, the Court does not intend to have it unduly prolonged and the Court has now made up its mind that in the event it becomes necessary to take an evening adjournment, the Court is going to have a night session so that this matter can be disposed of without a delay which might tend to prejudice the rights of the parties.

"Now then, Mr. Mason, proceed with your cross-examination. The witness will answer the question. The objection is overruled."

"Will the court reporter read the question?" Mason asked.

The court reporter consulted his records, read the question to the witness: "Now then, I want to account for each one of these weapons. You purchased four weapons. I want to know where you kept them."

"We kept one gun by the cash register at the bar," Anclitas said. "We had one by the registration desk in the motel, and one was in the gaming room."

"You mean the gambling room?" Mason asked.

"I mean the gaming room."

"Where was the other?"

"The other was an extra. Sometimes I carried it when I was taking some money home with me. Sometimes I didn't. It was just sort of hanging around and- well, I guess you could call it an extra. That's why I gave it to Ellis."

"Did you endeavor to keep these guns separate in any way?" Mason asked. "Did you have any designation, either on the gun or on the holster?"

"There wasn't any holsterjust the gun lying there where a person could grab it quick if he had to."

"And there was no attempt to designate them? That is, to differentiate one from the other?"

"Only this time that I told you about when we thought we would put some marks on them and then changed our minds."

"Within the last month," Mason said, "have you had any trouble over locating these guns? Has there been any element of confusion at any time within the last month?"

"None whatever," Anclitas said.

"Has one of the guns at any time been missing from its accustomed place?"

"Not that I know of."

"You state that you sometimes carried one of these weapons when you were carrying a large amount of money."

"That's right."

"Does any other person, or did any other person, carry one of those weapons under similar conditions?"

"My partner, Slim, carried one."

"Anyone else?"

"No one else… Now, wait a minute. I think one of the hat-check girls who sometimes stayed at her mother's house and had to go home late at night, carried one for a couple of nights. I stopped her as soon as I found out what she was doing."

"You mean she carried one with her while she was on the job?"

"No, no. She had to take a bus and sometimes when she'd get off-around one or two o'clock in the morning-she was nervous about walking the six blocks to the place where she caught the bus and while she was waiting there. She tried to time her departure so she could leave and catch the bus right on the nose but she didn't dare miss the bus so she had to leave a little early to give herself a margin and sometimes the bus would be a little late. She had an embarrassing experience one night with an exhibitionist and… well, she just started borrowing one of the guns to take in her purse."

"Without telling you anything about it?"

"That's right."

"How did you find out about it?"

"She left her purse in the washroom. The attendant didn't know whose purse it was and took it to the office. I opened it to look for identification and found it was this girl's purse and a gun was in it. It looked like one of our guns, and I called her in the office and asked her about it, and then she admitted that she'd borrowed one from behind the counter."

"And you put a stop to it?"

"Sure I put a stop to it. She didn't have any permit to carry the gun in the first place, and in the second place suppose we'd been held up and the men behind the bar had reached down for the gun and there wouldn't have been any gun there?"

"But she brought the gun back whenever she took it?"

"Objected to as calling for a conclusion of the witness, as calling for hearsay evidence and not being proper cross-examination. It is incompetent, irrelevant and immaterial," Burger said.

"The objection is sustained," Judge Keyser ruled.

"What is the name of this young woman who borrowed the gun on occasion?"

"She's the hat-check girl."

"What's her name?"

"Sadie Bradford."

"Were there any witnesses present when you gave this gun to Helman Ellis?"

"Only my partner, Slim Marcus."

"And you state that Slim Marcus on occasion carried one of the guns?"

"Objected to as already asked and answered," Hamilton Burger said.

"Sustained," Judge Keyser snapped.

"And aside from this one file mark on the front sight of the gun which you think you gave Ellis, there were no identifying marks on any of the guns. Is that right?"

"Objected to as already asked and answered. Incompetent, irrelevant and immaterial. Not proper crossexamination," Burger said.

"Sustained," Judge Keyser snapped.

Mason glanced at the clock. "I have no further questions of this witness," he said.

Hamilton Burger was instantly on his feet. "Call Perry Mason as a witness for the prosecution."

"Take the stand, Mr. Mason," Judge Keyser said.

"Just a moment, Your Honor," Mason said. "I think counsel is forgetting, and perhaps the Court has overlooked the fact, that when Anclitas was put on the witness stand at the request of the district attorney, who wanted to eliminate the necessity of further attendance by Mr. Anclitas, the witness Helman Ellis was on the stand."

"I had concluded my examination of Mr. Ellis," Hamilton Burger said.

"I don't think the record so shows," Mason said. "I think instead the record shows that you said you thought you would have no more questions of that witness at that time."

"All right, I'll announce now, then, that I have concluded with that witness and I ask Mr. Mason to take the stand."

"Just a minute," Mason said. "I haven't had an opportunity to examine Mr. Ellis on re-cross-examination. If you have concluded your redirect examination I want to cross-examine him."

"You don't have anything to cross-examine him about," Hamilton Burger exploded. "All he testified to on redirect was that he had been given a gun by George Anclitas and he kept it on the yacht."

"I want to cross-examine him on that," Mason said.

"And I want you on the witness stand before you've had a chance to concoct any alibi," Hamilton Burger shouted.

"It is your contention that I am to be deprived of my right to cross-examine Mr. Ellis?"

Hamilton Burger took a deep breath. "Very well," he said, "I'll stipulate that the entire testimony of Helman Ellis may go out. I'll withdraw him as a witness. I'll strike all of his evidence out of the record."

"I won't agree to that," Mason said. "I won't so stipulate.''

"Why not?"

"Because I want to cross-examine him."

Hamilton Burger glowered at Mason, then turned toward the Court.

Judge Keyser said, "It is past the hour of the evening adjournment by some minutes, Mr. Burger. I can appreciate the prosecutor's position, but the fact remains that the defense attorney has the right to cross-examine all witnesses called by the prosecution.

"Because I have some commitments and pre-trial conferences at this time and because I know some of the officers of the court have engagements, I am going to adjourn court at this time but I am going to reconvene at eight o'clock tonight. We are going to have an evening session. I think under the circumstances the prosecution is entitled to have its case presented expeditiously."

"The defense objects," Mason said. "It is inconvenient for me personally, and I feel that the defendant is being deprived of her rights."

Judge Keyser shook his head. "I'm not going to permit any technicalities to stand in the way of getting this matter disposed of. The Court will take a recess until eight o'clock this evening, at which time all persons under subpoena in this case will return to the courtroom.

"Court's adjourned."