"Your Honor," he said, "the object of this examination is apparent. If this alarm was set for five minutes before two, and the alarm was ringing at the very moment when Gregory Moxley was murdered, the defendant, Rhoda Montaine, can't possibly have been the one who was guilty of that murder, because the testimony of the prosecution's own witnesses shows that she was not at the scene of the murder at that time, but until some ten minutes after two o'clock, on the morning when the murder was committed, was in a service station where she was under the eyes of an attendant who has carefully checked the time.

"Now, your Honor, in view of that fact, it appears that the most important part of this whole situation hinges upon the question of whether the alarm on this clock had been shut off, or allowed to run down. Now I notice that counsel for the defense took that clock from the hands of the deputy sheriff. I notice that he said that the alarm was run down, but there's no proof that it was run down. It would have been an exceedingly simple matter for counsel to have manipulated that lever while he was winding the alarm clock and turning the hands. I, therefore, suggest that all of this evidence be stricken out."

The Court motioned Perry Mason to silence, stared steadily at John Lucas.

"You can't strike out that evidence," he said, "because the witnesses have now testified positively that it was the alarm clock that they heard. Regardless of the means by which they were induced to make such a statement, they have made it, and the testimony must stand. However, the Court desires to state, Mr. Lucas, that if counsel had desired to safeguard the interests of the People against any such manipulation of the alarm clock, counsel was afforded that privilege. The Court specifically invited counsel to step up to the bench and watch counsel for the defense while he was winding and setting the clock. As I remember the situation, your attitude was that of a sulky child. You sat at the counsel table sullen and sulking, and refused to participate in the safeguards which were offered you by the Court. The Court is administering this rebuke in the presence of the jury, because your accusation of misconduct on the part of counsel for the defense was made in the presence of the jury. The jury are instructed to disregard the comments of both Court and counsel, so far as having any probative weight in this case is concerned. The means by which a witness is induced to make a statement are controlled by the Court. The effect of the statements made by witnesses are for the jurors."

John Lucas stood, face white, his hands clenching and unclenching at his sides. "Your Honor," he said in a voice which was barely audible, "this case has taken an unexpected turn. I, perhaps, deserve the rebuke of the Court. May I ask, however, that a continuance be granted until tomorrow morning?"

Judge Markham hesitated, glanced dubiously at Perry Mason, and asked, "Is there any objection on the part of the defense?"

Perry Mason was smilingly urbane. "So far as the defense is concerned, there is no objection whatever. As counsel for the prosecution remarked, earlier in the case, the prosecution desired that the defense have every opportunity to present its case. Now it gives counsel for the defense equal pleasure to assert to the Court that it desires the prosecution to have every opportunity to try and make out a case against this defendant—if it can."

Judge Markham placed a hand to his lips, in order that the jury might not see any possible quivering at the corners of his mouth. "Very well," he said. "Court is adjourned until tomorrow morning at ten o'clock. During the interim, the jury will remember the admonition of the Court, and not discuss the case, or permit it to be discussed in their presence, nor form or express any opinion as to the guilt or innocence of the defendant."

And with that, Judge Markham whirled about in his chair, and strode to his chambers, his robes fluttering behind him. But there were those among the spectators who caught a glimpse of the judicial profile just as it turned into chambers, who subsequently swore, with great glee, that the judge wore a very human grin which stretched from ear to ear.

Chapter 20

The lights of Perry Mason's private office beat down upon the masklike countenance of C. Phillip Montaine, the granitehard features of Perry Mason. Della Street, obviously excited, held an open notebook on her knee. "Have you seen your son this afternoon, Mr. Montaine?" Mason asked.

Montaine's face was inscrutable, his voice wellmodulated and slightly scornful. "No," he said, "you know that I have not. You know the district attorney has him held in custody as a material witness, that no one can see him."

Mason said, almost casually, "Wasn't it your suggestion, Mr. Montaine, that he be kept in custody?"

"Certainly not."

"Doesn't it impress you as being rather strange," Mason suggested, "that despite the fact the district attorney knows he cannot call Carl Montaine as a witness because of the law which provides a husband cannot be called as a witness against a wife, the district attorney should keep Carl locked up as a material witness?"

"I see no particular significance connected with it," Montaine said. "Certainly, I have had nothing to do with it."

"I was just wondering," Mason said, "if there wasn't something back of all of this; if, perhaps, some one were not trying to keep me from giving Carl a vigorous crossexamination." Montaine said nothing. "Did you know that I saw him this afternoon?" Mason inquired.

"I know you were to take his deposition in a divorce action, yes."

Perry Mason said slowly and impressively, "Mr. Montaine, I am going to ask Della Street to read to you what happened at that deposition." Montaine started to speak, then checked himself. His face was as a mask. "Go ahead," said Perry Mason to Della Street.

"Do you wish me to read just what I have here in my notebook?"

"Yes."

"Both the questions and the answers?"

"Yes, you can read just what you have there."

"'Q. Your name is Carl W. Montaine? A.: Yes.

"'Q.: You are the husband of Rhoda Montaine? A.: Yes.

"'Q.: You understand that Rhoda Montaine has filed a complaint for divorce against you, charging you with cruelty? A.: Yes.

"'Q.: You understand that one of the allegations of that complaint is that you falsely accused her of the murder of Gregory Moxley? A.: Yes.

"'Q.: Was that accusation false? A.: It was not.

"'Q.: You repeat that accusation then? A.: Yes.

"'Q.: What grounds have you for making such an accusation? A.: Plenty of grounds. She tried to drug me in order to keep me in bed while she went to keep an appointment with Moxley. She sneaked her car out of the garage, committed the murder, returned, and crawled into bed as though nothing had happened.

"'Q.: Isn't it a fact that you knew all about Moxley prior to the time your wife slipped out at two o'clock in the morning? A.: No.

"'Q.: Now, wait a minute. Isn't it a fact that you retained a socalled shadow to follow your wife; that this shadow followed her to my office on the day before the murder; that the shadow trailed her to Gregory Moxley's apartment? A.: (The witness hesitates, fails to answer.)

"'Q.: Go ahead and answer that question, and remember you're under oath. Isn't that a fact? A.: Well, I employed a person to shadow her. Yes.

"'Q.: And, when your wife left the garage around one thirty in the morning, there was a flat tire on her car, was there not? A.: So I understand.

"'Q.: And the spare tire had a nail in it, did it not? A.: So I understand.

"'Q.: But the air had not entirely leaked out of that spare tire? A.: I guess that's right. Yes.