Эрл Гарднер - The Case of the Sulky Girl

He looked at Claude Drumm.

Claude Drumm shrugged his shoulders.

"He has stated that in his opinion he could make an identification," he said. "The word 'thought' is merely a colloquial expression."

"You'd better clear the matter up," said Judge Markham.

"Very well," said Claude Drumm.

"Mr. Graves," he said, "you say that you thought you could identify the witness. Just what do you mean by that?"

"I believe," said Don Graves, "that I know who that man was. I think that I recognized him. I did not see his face clearly, but I think that I could recognize him by the manner in which he held his head, from his shoulders and the general outline of his body."

"That is sufficient, if the court please," said Claude Drumm. "A man doesn't need to see the facial characteristics of another in order to make an identification. The objection goes to the weight, rather than the admissibility of the evidence."

Judge Markham looked expectantly at Perry Mason.

Perry Mason said nothing.

"I will overrule the objection," said Judge Markham. "Answer the question, young man."

"That man was Robert Gleason," said Don Graves in a low voice.

"Was there anyone else in the room?" asked Claude Drumm.

"Yes, sir."

"Who was that other person?"

"A woman, sir, who was attired in a pink garment of some sort."

"Could you see that woman?"

"I saw part of her shoulder, just a bit of her hair, and her arm."

"Could you recognize that woman from what you saw of her?"

Judge Markham interrupted.

"I think, counselor," he said, "that while I permitted the first identification upon the ground that the objection went to the weight rather than the admissibility of the evidence, that where a witness can see only a relatively small portion of a woman's figure at the distance which was shown upon this map, the objection really should go to the weight as well as the admissibility of the evidence, and I will sustain the objection as to the identity of the woman."

"Your Honor," said Perry Mason softly, "there was no objection made as to the identity of the woman."

"No objection?" said Judge Markham.

"None, Your Honor," said Perry Mason.

"Very well," said Judge Markham, "I shall sustain an objection if one is made."

"There will be none made," said Perry Mason.

A rustle sounded throughout the courtroom.

"Very well," snapped Judge Markham, his face purpling, "answer the question."

"Yes, sir," said Don Graves. "I think that that woman was Frances Celane. I am not as certain in her case as I was in the case of the man, but I think it was Frances Celane. She was dressed like Frances Celane, and the color of her hair, and the contour of her shoulder made me think it was Frances Celane."

"How long have you known Frances Celane?" asked Claude Drumm.

"For more than three years."

"You have lived in the same house with her?

"Yes sir."

"Did she, at that time, to your knowledge, have a dress or some garment of the color which you saw upon the woman who was standing in that room?"

"Yes, sir."

"Very well," said Claude Drumm. "What did you do, if anything?"

"I told the other gentlemen what I had seen, and asked them to turn the car around."

"I will strike that out on my own motion," said Judge Markham. "It is incompetent, irrelevant, and immaterial. The question is what the witness did next, with reference to what had taken place in this room. Conversations between parties outside of the presence of the defendant which are not part of the res gestae will not be permitted."

"Very well," said Claude Drumm. "Then what happened? What did you do with reference to Mr. Edward Norton?"

"I returned to the house, climbed the stairs to his study, and found his body slumped across the desk, with the top of his head beaten in," said Don Graves.

"Crossexamine," snapped Claude Drumm.

Perry Mason got to his feet and stared slowly and fixedly at Don Graves. An electric tension ran around the courtroom. The spectators sensed that this was to be the crucial part of the trial.

"Your eyes are in good condition?" asked Perry Mason.

"Yes."

"You think that you were able to sit in a speeding automobile at this point on the road, and, in the momentary glance which you had through the rear of the automobile, recognize the occupants of the room in that study?"

"Yes, sir. I know I could."

"How do you know it?"

"Because I saw them at that time, and because in order to test my own ability, I have made subsequent tests."

"The last part of that answer may go out," snapped Judge Markham.

"There was no motion to strike it out," said Perry Mason. "If the court please, I would like to follow that point up."

"Very well," said Judge Markham.

"You say you have made subsequent tests?"

"Yes, sir."

"In an automobile?"

"Yes, sir."

"With occupants in the room?"

"Yes, sir."

"Who were the occupants in the room?"

"Mr. Drumm, the Deputy District Attorney, and two people from his office."

"You were able to recognize those people?"

"Yes, sir. You see, sir, the windows are very wide, and the lighting in that study or office is very good."

"The automobile in which those tests were made wasn't driven very rapidly, was it?" asked Perry Mason.

"Just about the same rate as the automobile in which I was riding on the night of the murder."

"That was Judge Purley's automobile?"

"Yes, sir."

"But you haven't made a test in Judge Purley's automobile, have you?"

"No, sir, in other automobiles."

"Then the tests weren't made under the same conditions; that is, the machine wasn't the same, the window in the rear wasn't the same."

"They were similar," said Don Graves.

Perry Mason stared accusingly at the witness.

"But the tests weren't made under exactly the same conditions."

"No, sir."

"Would you," thundered Perry Mason, "dare to make a test under the same conditions?"

"Objected to as argumentative," snapped Claude Drumm.

"I think," said Judge Markham, "that it may be argumentative, but it has a tendency to show the interest or bias of the witness. The question was, whether or not he would be willing to make a test under certain conditions."

"But such a test wouldn't prove anything more than has already been proven," said Drumm.

"The question," said Judge Markham, "is, whether or not he would be willing to make such a test. I think I will permit the witness to answer."

"Answer the question," said Perry Mason.

"Yes, I would be willing to make such a test."

"If Judge Purley will furnish his automobile, will you make a test while you are riding in such automobile?"

Claude Drumm was on his feet.

"The question is now different, Your Honor. It is not a question now of whether he is willing to make such a test, but if he will make such a test."

"Yes," said Judge Markham, "if you desire to object to that question, I think that I shall sustain an objection to it."

Perry Mason turned to face the jury.

"In that event," he said, "there is no further crossexamination."

"No further crossexamination?" asked Claude Drumm.

"No. The fact speaks for itself," snapped Perry Mason. "You are afraid to have a test made under identical conditions."

The gavel of Judge Markham banged sharply on the desk.

"Counselor," he said, "you will please refrain from personalities and address your remarks to the court, rather than to opposing counsel."

"Your pardon, Your Honor," said Perry Mason, but his voice held no trace of humility, and his eyes twinkled with amusement.

Claude Drumm stared at Perry Mason, and his forehead creased in thought.

"Your Honor," he said, "might I ask at this time for an adjournment until tomorrow morning at ten o'clock? I have been rather surprised at the unexpected progress which this case has made."