Эрл Гарднер - The Case of the Counterfeit Eye

"And you say Mr. Brunold was running away from that house?"

"That's right."

"At what time was this?"

"Just as I was returning from the show I mentioned."

"How were you returning?"

"I was walking."

"Did you speak to Mr. Brunold?"

"No, sir, I didn't. Mr. Brunold didn't see me. He ran on past me on the other side of the street."

"Could you see him plainly?"

"Not all of the time, but when he passed under a street light, I was able to get a good look at his features. I saw him then and recognized him."

"Then what happened?"

"Then I approached the house and saw that something unusual was taking place. I saw figures running back and forth past the windows. They were moving rapidly."

"What did you see, if anything?"

"I saw Mrs. Basset and her son, Richard Basset."

"What were they doing?"

"They were bending over someone in the reception room. Then Mrs. Basset ran and called Edith Brite. I saw Edith Brite come running from the other part of the house and enter the reception room."

"What did you do?"

"I went to the reception room and asked what was the matter and if there was anything I could do. I could see someone was lying on the couch. I thought it might be Mr. Basset. I asked if he'd been hurt. Mrs. Basset came and stood in front of me and pushed me out of the door. She told me to go to my room and stay there."

"What did you do?"

"Followed instructions and went to my room."

Burger said to Mason, "Crossexamine."

Mason, arising from his chair at the counsel table, said, "Later on you went to the study and identified Hartley Basset's body, didn't you?"

"Yes, sir."

"At that time, did you hear it said that the young woman who had been lying on the couch when you first entered the house on your return from the picture show would know the man she had seen leaving the study if she saw him again?"

"Yes, sir, I heard there was such a witness."

"She was in a darkened room, but the light was streaming over her shoulder so that, while her own features were in the shadow, the light illuminated the features of this man after she had torn the mask from his face."

"I heard that was the case, yes."

"What's the object of this?" Burger asked. "Are you trying to get a lot of hearsay evidence into the record? We object to anything Hazel Fenwick may have said."

"It is," Mason pointed out, "part of the res gestae. I have a right to test this witness's recollection upon what happened immediately after he entered the house."

"But," Burger pointed out, "only for the purpose of testing his recollection, and not for the purpose of establishing what happened."

"That's all I'm asking him so far."

"Very well," Burger said. "With the understanding that your examination is limited for that purpose, I will make no objection."

Mason turned to Colemar.

"Now," he said, "if a man were wearing a mask, it would be because he wished to conceal the distinctive portions of his face, wouldn't it?"

"That question, Counselor," said Judge Winters, "is argumentative."

"I am not going to object," Burger said. "I am going to give Counsel a free hand."

"Thank you," Perry Mason said. "The questions are preliminary. I merely wanted to point out one or two things to the witness in order to prepare a preliminary foundation for some of the questions I intend to ask later."

"Go ahead, Counselor," Judge Winters said, "in view of the fact that the prosecution is making no objection."

"Did it impress you as improbable," Mason asked, "that a man, using a mask to cover the distinctive portions of his countenance, would exhibit an empty eye socket through that mask, thereby disclosing the most distinctive portion of his features, to wit, the fact that one eye was missing?"

"I'm sure I don't know, sir," Colemar said.

"I'm merely asking you," Mason said, "if that portion of Miss Fenwick's story did not impress you at the time as being unreasonable."

"I don't think so. No, sir."

"Now, obviously," Perry Mason went on, "the fatal shot was fired from a gun which was concealed under a blanket and a quilt, thereby muffling the sound, isn't that correct?"

"That was what I gathered from my inspection of the premises, sir."

"It is perfectly obvious," Mason said, "that a masked man could not have entered Mr. Basset's study carrying a blanket and a quilt folded over his arm, and got close enough to his victim to have fired a shot, without having alarmed Mr. Basset. Isn't that true?"

"I would suppose so."

"Yet, from the position in which Mr. Basset's body was found, it appeared that he had been sitting at his desk and had simply slumped forward when the shot was fired. He had made no struggle, had not pulled the gun which was in a shoulder holster. Isn't that correct?"

"Your Honor," Burger interrupted, "these questions are plainly argumentative and speculative. This witness is not an expert and…"

Perry Mason smiled urbanely.

"I think," he said, "that Counsel is entirely correct." A commotion took place in the back of the courtroom. Men swirled about into little, grunting eddies of human flotsam. Perry Mason raised his voice so that he held the attention of the Court.

"Your Honor will understand," he said, "that this witness has definitely placed both of the defendants in compromising positions. I feel, therefore, that I am entitled to examine him as to his motives, and…"

The disturbance in the back of the courtroom grew in volume, A man's voice said, "We're officers. Make way!"

Judge Winters pounded his gavel and looked at the back of the courtroom, his facial expression showing judicial irritation vying with human curiosity.

Burger jumped to his feet.

Perry Mason, already on his feet, gave Burger no chance to be heard. He raised his own voice and shouted. "Your Honor, I demand that I shall have the undivided attention of this witness and of the Court. If for any reason this is impossible, I demand that this witness be withdrawn from the stand until I have an opportunity to examine him without having the attention of both the witness and the Court distracted."

Burger said smoothly, "If the Court please. I was going to suggest that same thing. An unavoidable interruption is taking place. I was going to suggest the witness be withdrawn…"

Judge Winters banged with his gavel repeatedly.

"Order!" he shouted. "Or I'll clear the courtroom."

"I'm an officer," a man from the back of the courtroom said.

"I don't care who you are," Judge Winters shouted. "You'll be fined for contempt of court. Court is in session."

"May it please the Court," Burger insisted with courtesy, but with his voice showing a very definite firmness, "I am perfectly willing for this witness to be withdrawn. In fact, I shall ask that he be withdrawn. A most important witness is entering the courtroom. I desire to examine this witness, and when I have examined her, I think I will not need to call any more witnesses. Except, perhaps, as to Mrs. Basset's complicity in the crime. I think this witness will definitely clinch the case of the prosecution against Brunold."

"And I object to that statement as improper, as argumentative, and assign it as misconduct," Mason shouted.

Burger, his face coloring, exclaimed, "Just throwing up a smoke screen in order to divert attention from yourself. You'll have plenty to worry about in a moment…"

"Order!" Judge Winters interrupted. "I'll have order in this courtroom, and I'll have no more personalities between Counsel. Be quiet or I'll clear the courtroom!"

A measure of silence descended upon the court. Burger, his face flushed, said in a choking voice, "Your Honor, I forgot myself. I beg the Court's pardon…"

"Your apology is not accepted," Judge Winters said sternly. "This Court has cautioned you before about engaging in personalities with Counsel. Now, what is it you wish?"