The Case of the Sulky Girl

Chapter 19

It was the first time Frank Everly had ever been in court with Perry Mason; the first time he had ever been behind the scenes in a big murder case.

He sat at the side of Perry Mason and stared surreptitiously at the crowded courtroom, at the nine men and three women who were in the jury box, being examined as to their qualifications as jurors. He strove to give the impression of being thoroughly at home, but his manner betrayed his nervousness.

Perry Mason sat at the counsel table, leaning back in the swivel chair, his left thumb hooked in the armhole of his vest, his right hand toying with a watch chain. His face was a cold mask of rugged patience. Nothing about the man gave any indication of the terrific strain under which he labored.

Behind him sat the two defendants: Frances Celane in a close fitting costume of black, with a dash of white and a touch of red, her head held very erect, her eyes calm and a trifle defiant.

Robert Gleason was nervous, with the nervousness of an athletic man who finds himself fighting for his life under circumstances that necessitate physical passivity. His eyes smouldered with the sullen fires of suppressed emotions. His head jerked from time to time as he turned to face the various speakers in the drama which so intimately concerned him.

The courtroom was filled with that peculiar atmosphere which permeates a crowded room where spectators are in a state of emotional unrest.

Claude Drumm was acting as the trial deputy for the state, but there was a rumor that the District Attorney himself would come into the case as soon as the jury had been selected, and the routine evidence disposed of.

Drumm had been on his feet much of the time in his examination of the jurors. He was tall, welltailored and selfcontained, yet forcefully aggressive, without displaying too much force. His manner held the easy assurance of a professional who is fully at home and who is driving steadily toward a predetermined goal which he is assured of reaching.

Judge Markham, beneath the cloak of his austere judicial dignity, held himself with wary watchfulness. Perry Mason had the reputation of being able to "stampede," every case he tried, and Judge Markham was determined that while the trial would be conducted with impartiality, it would be conducted with a proper regard for the dignity of law and order; that there would be no errors in the record, no opportunities for the dramatic manipulation of emotions which so frequently turned trials in which Perry Mason participated into spectacular debacles for the prosecution, crashing across the front pages of newspapers in glaring headlines.

"The peremptory," said Judge Markham sternly, "is with the people."

Claude Drumm dropped back to his chair and engaged in a whispered consultation with his assistant. He interrupted, to glance up at the court.

"If I may have a moment's indulgence, Your Honor."

"Very well," said the judge.

Everly looked at Perry Mason inquiringly, and caught a glint in the lawyer's eyes.

Mason leaned forward and whispered:

"Drumm wants to get number three off of the jury, but he thinks we have got to get off jurors nine and eleven. We've got twice as many peremptory challenges as he has, so he's wondering if he dares to pass his peremptory and hold it in reserve until he sees what the jury looks like later on."

"Does he dare to do it?" asked Everly.

"That," said Perry Mason, "remains to be seen."

There was a moment of tense silence, then Drumm got to his feet and bowed to the court.

"The people," he said, "pass their peremptory."

Judge Markham looked down at Perry Mason, and his lips moved to form the words: "The peremptory is with the defendants."

But the words were never uttered, for Perry Mason, turning toward the jury with a casual glance of appraisal, as though the entire matter had just claimed his attention, said, in a clear voice: "Your Honor, this jury seems entirely satisfactory to the defendants. We waive our peremptory challenge."

Claude Drumm was caught by surprise. Eyes of those who were wise in courtroom technique, saw the quick intake of his breath as he started unconsciously to register a protest which his consciousness knew would be futile.

Judge Markham's voice rang out through the crowded courtroom:

"Let the jurors stand and be sworn to try the case."

Claude Drumm made an opening statement to the jury which was remarkable for its brevity.

"Gentlemen," he said, "we expect to show that, at the exact minute of eleven thirtytwo on the twentythird day of October of this year, Edward Norton met his death; that he was murdered by a blow on the head, struck with a club held in the hand of the defendant, Robert Gleason; that at the time of the murder, there was present as an active accomplice, the defendant, Frances Celane; that at the time of the murder, Edward Norton had a large sum of money on his person in the form of one thousand dollar bills.

"We expect to show that at the hour of eleven fourteen on that date, Edward Norton telephoned to the police station, reporting the theft of one of his automobiles, a Buick sedan; that Frances Celane was, in fact, present in the study of Edward Norton at the hour of eleven thirtytwo P.M., on the date of the murder, but that, for the purpose of trying to establish an alibi, and knowing that Edward Norton had reported this Buick sedan as having been stolen at the hour of eleven fourteen, the said defendant, Frances Celane, then and there stated falsely and willfully that she had been distant from the scene of the crime, in the said Buick automobile, from the hour of approximately ten fortyfive until approximately twelve fifteen.

"We expect to show that immediately following the commission of the crime, the defendants left the bloody club with which the crime had been committed, and two of the one thousand dollar bills which had been stolen from the body of the deceased, in the bedroom of one Pete Devoe, who was then and there asleep and in an intoxicated condition; that this was done for the purpose of directing suspicion to the said Pete Devoe.

"We will also show that the defendants forced open a window and made footprints in the soil beneath the window, in an attempt to lead the police to believe burglars had entered the house.

"We also expect to show that immediately thereafter the defendant Robert Gleason fled from the scene of the crime; that both defendants gave false and contradictory accounts as to their whereabouts; that the club with which Edward Norton was struck down was a walking stick belonging to the defendant, Robert Gleason.

"We expect to show that an eyewitness actually saw the murder committed, and will identify Robert Gleason as the man who struck the blow, and will identify Frances Celane as the young woman who, attired in a pink dress or negligee, aided and abetted the commission of the crime."

Claude Drumm stood staring at the jurors for a moment, then sat down. Judge Markham looked inquiringly at Perry Mason.

"If the court please," said Perry Mason, "we will withhold our opening statement until the time we start to present our case."

"Very well," said Judge Markham. "You may proceed, Mr. Drumm."

Claude Drumm started building up the case with that calm, deadly efficiency for which he was noted. No detail was too small to claim his attention; no link in the chain of evidence was to be overlooked.

The first witness was a surveyor who had mapped and photographed the premises. He introduced diagrams drawn to scale, showing the room in which the body had been found, the furniture in the room, the location of the windows. Then he produced a photograph of the room, other photographs of various corners of the room. Each of these photographs was identified by locating it on the diagram of the room. Then followed photographs of the house, and finally, a map showing the house with reference to the winding road which climbed up to the boulevard. Following that came a contour map showing the various elevations of the windows in the house, with reference to the road along which the automobile had traveled.

"So that," said Drumm, suavely, indicating a place on the diagram where a curve in the road was shown, "it would be perfectly possible for a person traveling along this section of the road which I am indicating, in an automobile, to glance back and see into the room marked number one on the map, People's Exhibit A?"

Before the surveyor could answer the question, Perry Mason got to his feet and raised his voice in protest:

"Just a moment, Your Honor," he said. "That question is leading. It also calls for a conclusion of the witness. It calls for a conclusion which the jury is to draw in this case. It is one of the points upon which we intend to convince this jury of the improbability of the People's case. Whether or not…"

The gavel of the judge banged down upon his desk.

"The objection," he said, "is sustained. The argument, Mr. Mason, is unnecessary."

Mason dropped back to his chair.

With the manner of one who has scored a victory even in defeat, Drumm bowed smilingly to Mason.

"Counselor," he said, "you may inquire on crossexamination."

With the eyes of everyone in the courtroom riveted upon him, Perry Mason, fully aware of the dramatic advantage of the moment, and the interest which would attend upon his first question, strode to the map which had been fastened to the blackboard with thumb tacks, placed the index finger of his right hand upon the curve in the line which indicated the roadway from the house to the boulevard, placed the index finger of his left hand upon the location of the study in the house, and said, in a voice which rang with challenge: "Exactly how far is it from the point which I am indicating with my right forefinger, and which is the curve in this roadway, to the point which I am indicating with my left finger, and which is the point where the body was found?"

"If," said the witness in level tones, "your right forefinger is exactly at the point where the curve swings farthest south, and your left forefinger is at a point representing the exact point where the body was found, the distance is exactly two hundred and seventytwo feet, three and onehalf inches."

Perry Mason turned, his face showing surprise.

"Two hundred and seventytwo feet, three and onehalf inches?" he exclaimed incredulously.

"Yes," said the witness.

Mason dropped his hands to his sides with a gesture of finality.

"That," he said, "is all. I have no further questions to ask of this witness."

Judge Markham looked at the clock, and an anticipatory rustle of motion stirred the courtroom, as dead leaves on a tree are stirred by the first current of an advancing breeze.

"It has," said the judge, "approached the hour of adjournment. The court will adjourn until ten o'clock tomorrow morning, and during that time, the jury will remember the admonition of the court not to converse amongst themselves about this case, nor permit others to converse with them or in their presence about it."

The gavel banged on the desk.

Perry Mason smiled craftily, and remarked to his assistant: "Drumm should have carried on the examination until the hour for adjournment. Giving me the opportunity to ask that one question, will make the newspapers feature it tomorrow morning."

Everly had his eyes puckered in concentration.

"Two hundred and seventytwo feet is a long distance," he said.

"It won't," Mason assured him grimly, "get any shorter as the case goes on."