"The objection is sustained," said Judge Markham.
"Very well. Then what happened?" asked Drumm suavely, smiling over at the jury as much as to say: "You see how technical the defense is in this case, ladies and gentlemen?"
"Then," said Judge Purley, "Mr. Crinston went back to a position under the study window, and called up, as nearly as I can remember his words: 'It's all right, Edward. He can go with us. And at about that moment, the front door opened and the figure of Mr. Graves ran down the steps, Mr. Graves saying, 'I am ready, or words to that effect."
"And then what happened?"
"Then the three of us got in my automobile, Mr. Crinston sitting in the front seat with me, Mr. Graves sitting in the rear seat. I started the machine and started to drive up along the road, lettered on the map 'People's Exhibit B' as 'Winding Roadway. We traveled up that road until we were in a position on the curve…"
"Just a moment," said Claude Drumm. "Can you take a pencil and indicate the exact point on the curve which you had approached when the event took place, concerning which you were about to testify?"
Judge Purley nodded, got to his feet, and walked with ponderous dignity to the blackboard, turned up the map and marked a small oblong on the curve in the roadway.
"This represents the approximate position of the car."
"And what happened when the car was in that position?" asked Claude Drumm.
"Mr. Graves looked back through the back window and exclaimed…"
"Objected to," snapped Perry Mason. "Hearsay, incompetent, irrelevant, and immaterial, not part of the res gestae, not binding upon the defendant."
"Sustained," said Judge Markham.
Claude Drumm made a helpless gesture.
"But surely, Your Honor, in view of what is to take place…"
"The objection," said Judge Markham coldly, "is sustained. You may call Mr. Don Graves at the proper moment, counselor, and let him testify as to anything he saw. As to anything which was said or done outside of the presence of this defendant, and which is not a part of the res gestae, the objection is well taken."
"Very well," said Drumm, turning to the jury, and all but bowing, "at the proper time I will call Mr. Don Graves, and Mr. Don Graves will testify as to exactly what he saw at that place.
"Go on, Judge Purley, and tell the jury exactly what was done at that time and place with reference to what you, yourself, did in relation to the operation of the automobile."
"I did nothing at exactly that place, but proceeded along the winding road, as indicated there on the map, for a distance of several rods, until I came to a place in the road which was wide enough to turn. There I turned the car by backing and twisting, and went back down the winding roadway, stopping once more in front of the house of Edward Norton."
"And then what did you do?"
"Then Mr. Graves and Mr. Crinston entered the house, and at their request I accompanied them. The three of us went up the stairs and into the room marked by the numeral 'one' in a circle on People's Exhibit A, and saw there a body, which was subsequently identified to me as that of Edward Norton, lying sprawled across the desk, with its head badly crushed. The body was lifeless at the time of my arrival. There was a telephone near one hand, and several papers, including a policy of automobile insurance, on the desk."
"Did you notice, Judge Purley, what automobile was covered in that policy of insurance?"
"Objected to as incompetent, irrelevant and immaterial," said Perry Mason.
"Your Honor," said Drumm, "this is vital, and I propose to connect it up. It is a part of the theory of the prosecution that the defendant, Frances Celane, made a statement to the effect that she was out driving this Buick automobile; that these statements were made after she had been advised that police had been notified that the Buick automobile had been stolen. In other words, she knew that Edward Norton had telephoned that the Buick automobile had been stolen. Frances Celane, knowing that…"
"Very well," said Judge Markham, "there is no necessity for further argument, counselor, as to the relevancy of the testimony. Upon the assurance of the prosecution that the matter will be connected, I will overrule the objections as to its relevancy, and permit the question to be answered, subject to a motion on the part of the defense to strike out if the evidence is not subsequently connected.
"This ruling, however, goes only to the relevancy of the testimony. It is, of course, apparent that the evidence called for by the question is not the best evidence. The automobile insurance policy, itself, is the best evidence of its contents, but there seems to be no objection made upon that ground."
Judge Markham looked down at Perry Mason with a puzzled expression on his face.
Perry Mason seemed to smile, the faintest trace of a quiver at the corners of his lips.
"No, Your Honor," he said, "there is no objection upon that ground."
"Very well," snapped Judge Markham, "the objection, as made, is overruled. Answer the question."
"The policy," said Judge Purley, "as I noticed at the time, or a few minutes later, covered a Buick sedan number 6754093, with a license number I2MI834."
Claude Drumm made a gesture with his hand.
"You may crossexamine the witness, Mr. Mason," he announced.
Perry Mason regarded Judge Purley with a placid smile.
"Judge Purley," he said, "did I understand you to say that when you went into the study you saw the body of Edward Norton lying across the desk?"
"You did not," snapped Judge Purley. "I stated that I saw the body of a man who was subsequently identified to me as being that of Edward Norton."
Perry Mason looked crestfallen.
"My mistake," he said.
There was a moment of silence, during which Judge Purley gazed at the courtroom with an air of complacent selfsatisfaction, the air of one who has given testimony in a very credible manner, and the manner of one who has confidence in his ability to avoid any trap which can be set for him by crossexamining counsel.
"You see," explained Judge Purley, "I had never personally met Mr. Norton, despite the fact that I was quite friendly with Mr. Crinston and had, upon at least one prior occasion, driven Mr. Crinston to Mr. Norton's house."
Perry Mason seemed to be smiling.
"On how many occasions had you discussed any business matters with Mr. Norton on the telephone?" he asked.
Judge Purley showed his surprise.
"Why, I never talked with the man on the telephone in my life," he said.
"Then you'd never discussed the trust fund of his niece, Frances Celane, with him?"
Judge Purley's eyes bulged with surprise.
"Good heavens, no! Of course not!"
"Had you," asked Perry Mason, "ever discussed this trust fund with anyone else?"
Drumm was on his feet.
"Your Honor, that is objected to, not proper crossexamination, hearsay, incompetent, irrelevant, immaterial. Counsel has simply started upon a roundabout way of calling for conversations which could not possibly…"
"Sustained!" snapped Judge Markham.
Drumm sat down.
There was silence in the courtroom. Perry Mason's face was expressionless.
"Any further questions?" asked Judge Markham.
"No, Your Honor," announced Perry Mason, to the surprise of the courtroom. "There is no further crossexamination."