Case of the Footloose Doll (19 page)

“I understand,” Judge Bolton said, “but that objection goes to the weight rather than to the admissibility of the evidence. I feel all this is part of the res gestae. I think I’ll hear the answer. Did he telephone someone whom he addressed as Mr. Baylor?”

“Yes, he did.”

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

“Just a moment,” Calvert said. “I have some redirect examination. You heard him use the name Baylor. You don’t know whether he was talking with Mr. Baylor or Miss Baylor, do you?”

“I think he said, ‘Mister.’“

“All right, then you don’t know whether he was talking with Harriman Baylor or with Forrester Baylor, his son?”

“No, sir, that I don’t know.”

“And you don’t even know whether the person he was addressing wasn’t some stranger by the name of Baylor, some other Baylor altogether?”

“That’s right. I don’t.”

“And you didn’t hear him use the person’s first name?”

“You mean at that conversation that took place after Mr. Mason left?”

“Yes.”

“No, I didn’t hear mm use any given name.”

“That’s all,” Calvert said.

“Just a minute,” Mason said. “You referred specifically to the conversation he had after I left. Do you mean there were two conversations?”

“Yes, sir.”

“When did the first conversation take place?”

“Very shortly after my husband returned to the apartment.”

“And whom did he call then?”

“I don’t know.”

“Whom did he ask for?”

“He asked for Mr. Baylor.”

“But you heard him call the person at the other end of the line ‘Baylor’ on both occasions?”

“Yes.”

“He used the words ‘Mr. Baylor?’“

“Yes.”

“Then, as I understand it, he made one call immediately after returning home, and before you knew he had been stabbed with an ice pick, and the second call at a later time after I left. Is that right?”

“Yes.”

“Thank you,” Mason said, “I think that’s all. However, in view of this testimony I do have one further question on cross-examination of the witness Irma Kames.”

“I object to having counsel conduct his cross-examination piecemeal,” Calvert said. “He had an opportunity to cross-examine Miss Kames, and he should have concluded his cross-examination. I don’t think it is fair to the prosecution to have witnesses called back for further cross-examination from time to time.”

“The conduct of the examination is entirely in the discretion of the Court,” Judge Bolton said. “It appears to the Court, in view of the circumstances surrounding the testimony of this last witness, that we should attempt to get at the truth of the case.” Judge Bolton turned to the bailiff. “Summon Miss Kames to the witness stand,” he said.

A few moments later Miss Kames returned to the witness stand.

Mason turned to the bailiff. “I would like to have the bailiff bring Miss Della Street, my secretary, from the witness room, please.” The bailiff left the courtroom, returned a moment later with Della Street.

“Miss Kames,” Mason said, “permit me to introduce Della Street, my secretary.”

“How do you do?” Miss Karnes said.

“Please look at her closely,” Mason said. “Have you ever seen her before?”

“I don’t think so.”

“As a matter of fact,” Mason said, “Miss Street was the one who bought the three ice picks from you on the evening of the second. It was Miss Street with whom you had the conversation concerning the markup in price.”

Irma Karnes vehemently shook her head. “No, it wasn’t!” she said. And added gratuitously, “I was told that you’d try to confuse me by running in a ringer, and I’m all prepared for that, Mr. Mason. The person who bought those three ice picks is sitting right there beside you, the defendant in this case, Mildred Crest. It was not Della Street who purchased those ice picks. As far as I know, I have never sold Della Street anything in my life. I am not going to permit you to confuse me by any trick substitution, Mr. Mason.”

“You’re absolutely positive that you never sold Miss Street anything in your life?”

“To my best recollection I have never seen her before. I am quite certain I have never sold her anything.”

“And when you were making change for the ice picks which Miss Street had purchased,” Mason said, “do you remember one of the ice picks rolled off the counter and fell to the floor and she stooped and picked it up?”

“That was when I was selling the ice picks to the defendant!” the witness snapped. “She has told you about the incident, she has described it to you, and you are trying to rattle me on cross-examination. I am not going to be rattled, Mr. Mason, I know exactly what happened. I know that I sold these ice picks to the defendant in this case. I saw her. I recognized her, and I have studied her features too carefully to be confused.” 

Mason said angrily, “You’ve studied her features, all right, but that careful study took place when the police let you have her under observation for a full ten minutes. You didn’t make that careful study of her features when she was buying the ice picks.”

“I carefully studied her features when she was buying the ice picks.”

“Why?” Mason asked.

“Well, because . . . because I don’t intend to be confused on cross-examination, Mr. Mason.”

“You didn’t know you were going to be cross-examined when you were selling the ice picks,” Mason said.

“Well, nevertheless, I am positive that it was the defendant who purchased the ice picks.”

“And not Miss Street here?” Mason asked.

“Definitely, positively not!” Irma Karnes snapped in tones of finality.

“I had been warned about you, Mr. Mason. I was prepared for this.”

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

“Any redirect?” Judge Bolton asked.

“No questions at all,” Calvert said smiling. “You are excused from further testimony, Miss Karnes, and permit me to thank you for making an excellent witness.”

Irma Karnes arose and strode from the witness stand, glowering at Mason as she passed by him.

“If the Court please,” Calvert said, “that is my case. I have no further evidence which I care to put on at this time.”

Mason, on his feet, said, “In that case, Your Honor, I move the Court dismiss the case against the defendant and discharge her from custody.” 

Judge Bolton shook his head. “The function of a preliminary examination is only to show that a crime has been committed and that there is reasonable ground for believing the defendant guilty of that crime. I think the prosecution has met that test.

“Frankly, the Court wants to hear from the defendant in this case if she wishes to avoid being bound over to the higher court for a jury trial. The testimony of the prosecution as to the actions of the defendant, if uncontradicted, discloses a background of motivation for the crime and there is at least some evidence tending to show the crime itself.” 

Mason said, “If the Court please, may I have a fifteen—minute recess? I am frank to state that I don’t know whether to put the defendant on the stand and try to get the case dismissed at this time, or to sit tight, let this Court bind the defendant over for trial, and make my defense in front of a Jury.”

“That is a frank statement,” Judge Bolton said, “and under the circumstances the Court will grant a fifteen-minute recess.” 

Chapter 14

MASON, DELLA STREET, and Paul Drake gathered for a brief conference in one of the unused witness rooms.

“Well, that’s it,” Mason said. “The witness Kames saw Della Street briefly. She was led to believe that the person who bought the ice picks must have been Mildred Crest. She was given a ten-minute opportunity to study Mildred Crest. She was told that I would try to run a ringer, her mind was conditioned against entertaining any doubt as to her opinion and—and there we are.”

“So what do you do?” Drake asked.

Mason said, “I can put Della Street on the stand. She can swear that she was the one that bought the ice picks. Judge Bolton will be impressed, but in order to do any good I’m going to have to follow up by putting Mildred Crest on the stand.”

“Then you’ll be gambling your whole stack of chips,” Paul Drake said.

Mason nodded.

Can you afford to do that?” Paul Drake asked.

“No,” Mason admitted. “However, Judge Bolton is interested now. If he has the right sort of reaction if I put Della on the stand, I’m going to go all the way. There are times when a lawyer has to gamble.”

“Can you tell anything from Judge Bolton’s facial expression?” Della Street asked.

“Not from his facial expression, but from the angle of his head. When he’s interested, he leans forward. When he’s decided the defendant is guilty, he leans back in his chair.

“During the examination of the last witnesses he’s been leaning slightly forward. I think I’ll put Della on the stand and watch the way he leans. If it’s forward, I’ll shoot the works.

“Come on. Let’s go back to court. I want to prepare Mildred for what’s to come.”

They returned to court. Mason leaned over to whisper to Mildred Crest.

“Mildred,” he said, “if I don’t put you on the stand, the judge is going to bind you over. Then we’re going to have to make our fight in front of a jury.”

She nodded.

“If I put you on the stand,” Mason said, “there’s a chance, just a ghost of a chance, that you can convince him that there’s something screwy about this case, and, while he may not turn you loose, he’s pretty apt to hold that the evidence concerning deliberate first-degree murder is not sufficient to support that charge. Then he may bind you over for manslaughter.”

“That will be an advantage?” she asked.

“That will be a tremendous advantage,” Mason explained. “If we go to trial before a jury, some of the jurors will feel that the prosecution has proven a case of murder. One or two members will feel that you’re innocent. They’ll argue and discuss the case back and forth, and in the end someone will suggest as a compromise verdict that they find you guilty of manslaughter and that’s what they’re very apt to do.

“But once we take the murder element out of the case, and you’re on trial only for manslaughter, then there’s not much chance of a compromise, and the jurors who think you are innocent may hold out and get a mistrial.”

“You don’t seem to think too much of my chances of acquittal,” she said.“I’m talking about the worst that can happen,” Mason said. “I’m painting the gloomy side of the picture for you. Now then, what do you want to do?”

“Whatever you tell me to do.”

“I’m inclined to put you on the witness stand,” Mason said, “but I warn you that it’s going to be something of an ordeal.”

“I’ll tell the truth,” she said.

“All right,” Mason said, “here’s the judge coming into the courtroom. Sit tight. Hold onto your chair. Here we go!”

Chapter 15

JUDGE BOLTON called Court to order and said, “I note that the district attorney, Hamilton Burger, is now personally present in court.” 

Hamilton Burger, big—chested, arose with ponderous dignity. “May it please the Court,” he said, “a situation has developed which has been communicated to me during the recess of court. It is a situation in which I take a professional as well as an official interest.

“I note that counsel, in the cross-examination of the People’s witness, Irma Karnes, brought his secretary, Della Street, forward and tried to make it appear that Miss Street was the one who had bought the ice pick which is marked in evidence as People’s Exhibit Number Seven.

“I am assuming that counsel does not intend to go any further with this insinuation. I have, however, talked with the witness. Miss Karnes, during the recess, and in the event Miss Street is put on the stand to testify that she bought that ice pick, I am going to conduct her cross-examination personally. I warn Miss Street and Perry Mason that I am then going to institute proceedings for perjury. It is one thing to try to confuse a witness by running in a ringer, but it is quite another thing to try to bolster up a weak case by perjured evidence. I feel that it is only fair that I should warn counsel.”

Mason turned to Hamilton Burger. “Suppose it should appear that Irma Karnes was the one who was swearing falsely. Would you then prosecute her for perjury?”

“Irma Karnes,” Hamilton Burger said with quiet emphasis, “is telling the truth. I have talked with her personally. There can be no question as to her positive identification.”

Judge Bolton said, “I fail to see where this interchange between counsel affects the issue in any way as far as this Court is concerned. Mr. Mason, you will proceed to put on the defense, in case you care to introduce your defense at this time; otherwise the matter will be submitted to the Court and the Court will make its ruling, binding the defendant over.”

“I am going to accept the challenge of the prosecution,” Mason said.

“Della Street will take the stand.”

Della Street came forward and was sworn.

“I am directing your attention to the second of this month,” Mason said, “and am directing your attention to the testimony of the witness Irma Karnes, as to the defendant having purchased three ice picks from her. Are you familiar, generally, with her testimony?”

“Yes,” Della Street said.

“Will you describe any transaction which you had with Irma Karnes on the second of this month?”

Della Street said firmly, “I was in the apartment of Mildred Crest. I was with you. I was instructed by you to go to the Arcade Novelty and buy three ice picks identical in design and appearance with a certain ice pick which was there in the apartment.

“I went to the Arcade Novelty. I was waited on by Irma Karnes. I bought three ice picks. She told me that it had been necessary to raise the price during the evening; that if I had been earlier, I could have had them three for a dollar. While she was ringing up the sale, prior to putting them in the bag, one of the ice picks rolled and fell on the floor. I stooped and retrieved it.”

“You may cross-examine,” Perry Mason said.

Hamilton Burger arose ponderously. “Miss Street, you are in the employ of Perry Mason?”

“Yes, sir.”

“And have been for some time?”