It is the sign which lawyers dread, the verdict of these masses, the thumbsdown signal which shows the turning point has been passed, and that the prisoner is condemned.

Never a veteran trial lawyer who has fought his way through the intricate web of many cases, but has learned to appreciate the dread portent of that shifting attention. Defendants do not know its fatal significance, often they smirk with satisfaction as they see themselves the sudden cynosure of the eyes of the spectators; but not so the attorney who sits at the counselors' table, his law books piled in front of him, his face calm and serene, but his soul shrinking from the portent of that silent verdict.

In this case the silent verdict had been rendered. It was guilty of murder in the first degree for both defendants, and there was no recommendation of mercy.

Judge Markham's level tones cut the tense silence of the courtroom.

"Mr. Don Graves was on the witness stand," he said, "and was being crossexamined. The case was continued from last week, pursuant to a stipulation by counsel that a test was to be made with this witness—a test that had been suggested by the defense, and stipulated to by the prosecution.

"Gentlemen, do I understand that the results of that test were to be received in evidence?"

Claude Drumm rose to his feet and said sneeringly: "It was a test which was conducted with every possible degree of fairness to the defense, at the challenge of the defense, and pursuant to stipulation. It was participated in by this witness under conditions identical to those which surrounded the commission of the crime, and I asked that it be received in evidence."

Judge Markham looked at Perry Mason.

Perry Mason rose to his feet.

"If the court please," he said, "there is no objection to that. It is, however, not a part of my crossexamination. That is, it must come in as a part of the redirect examination of this witness, and the question is therefore not properly before the court at the present time. But, when the question does come before the court, if the District Attorney desires to examine this witness as to the test, I shall make no objection, subject, however, to the fact that I shall have the right to crossexamine the various witnesses to that test, as to the actual circumstances surrounding it."

It had been said of Judge Markham that the lawyer did not live who had ever brought an expression of surprise to the face of the magistrate when he was sitting in a court of law. Now Judge Markham stared at Perry Mason as though he would try to read what might be in the mind of the counsel for the defense, and his eyes were wide and thoughtful.

Perry Mason met his gaze calmly and placidly.

"Shall I proceed with the crossexamination of the witness?" he asked.

"Proceed," snapped Judge Markham.

"You are familiar with the business affairs of Edward Norton?" asked Perry Mason in an even monotone of passionless inquiry.

"I am fully familiar with all of those affairs," said Don Graves.

"You are then familiar with the expiration date of the insurance policy which lay upon the desk of Edward Norton?" asked Perry Mason.

"I am."

"What was the expiration date of that insurance policy?"

"The twentysixth of October of the present year."

"Ah! Then the insurance policy expired but three days after the murder of Edward Norton?"

"That is correct."

"Is it a fact, Mr. Graves, that you have some animus, some prejudice against the defendant, Frances Celane, in this case, due to the fact that she is married to Robert Gleason?"

The question came as a surprise, and there was that suppressed rustle of motion from the courtroom which indicates a sudden snapping to attention on the part of the spectators, a craning of necks, a pushing forward to the extreme edges of the seats.

"That is not true!" protested Don Graves, with a show of feeling. "I did everything I could to keep the name of Frances Celane out of this. I am testifying in this matter only because I was forced to court under a subpoena."

"And you have no bias against Frances Celane for any other reason?"

"None."

"Or against Robert Gleason?"

"No. I hold no feeling of friendship for Robert Gleason because I know him but slightly; but for Miss Celane, my feelings are entirely different. I would not say a word in this courtroom which would connect her in any way with the murder of Edward Norton unless I knew absolutely and beyond all reasonable doubt that what I said was true and correct."

"No further questions," said Perry Mason, with the air of a man who has been defeated.

Claude Drumm got to his feet, and said with just a trace of a sneer in his air of triumph: "I have a few questions to ask upon redirect examination. You were asked upon crossexamination, Mr. Graves, whether you had ever made a test, under circumstances identical with the circumstances surrounding the murder of Edward Norton, to determine if you could recognize persons in the room where Edward Norton was murdered."

"Yes," said Don Graves, "I was asked that question."

"Since that question was asked you," persisted Claude Drumm, "have you made such a test under exactly identical circumstances?"

"I have," said Don Graves.

"Describe the circumstances under which that test was conducted, and the result of it," said Claude Drumm.

"The test was made at night," said Don Graves slowly, and in a low tone of voice, while spectators held their breath. "There were three men in Edward Norton's study and two women. One of the women was dressed in black, and one in pink. One of the men had on a blue serge suit, one had on a tweed suit, and one had on a plaid suit. I knew each one of the men, but had never seen the women before. There were present representatives of the press, and there were present Mr. Drumm, the Deputy District Attorney, also Perry Mason, the attorney for the defense."

"Then what happened?" asked Claude Drumm.

"Then," said Graves, still speaking in that low, strained voice, "we got in the automobile and went up the winding road which goes over the hills toward the main boulevard. When Judge Purley had the car at the place where it had been the night of the murder, when I gave the exclamation, he told me to look back. I looked back, and continued to look until the car had swung around the curve, and out of sight."

"What did you see?" asked Claude Drumm.

"I saw a woman, the one who had the pink dress on, standing in about the same position that Frances Celane was standing when Mr. Norton was killed, and I saw the man who wore the blue serge suit holding a club over the chair where Mr. Norton had sat on the night of the murder."

"Crossexamine the witness," said Claude Drumm triumphantly.

Perry Mason's voice was almost drawling.

"You haven't told all that happened there during the test, have you, Mr. Graves?"

"Yes sir, all of the important points."

"Wasn't there a newspaper reporter there who annoyed you and delayed you somewhat?" asked Perry Mason.

"Yes sir. There was a chap named Nevers, I believe, who kept insisting upon certain changes in the way the test was being made. I had no authority to make any change in the conditions of the test. Those were agreed upon between Mr. Drumm and yourself, and I told this reporter so. But he kept hanging on to me, even hooking his finger in the buttonhole of my coat, and holding me."

"Where were we at that time?" asked Perry Mason.

"You were down in the automobile."

"How did you finally get free from him?" Mason inquired.

"I called down to Mr. Drumm, and he told me definitely that there were to be no changes in the conditions under which the test was to be conducted. When this reporter heard Mr. Drumm make that statement, he seemed to realize that he was out of order, and let me go."