Эрл Гарднер - The Case of the Sulky Girl

"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."

Spectators who had been straining their necks to listen, now glanced curiously at one another.

"That is all," said Perry Mason.

"Call your next witness, Mr. Drumm," said Judge Markham.

"Just a moment, Your Honor," interrupted Perry Mason. "Before the prosecution goes on, I would like to recall Arthur Crinston for further crossexamination."

"Very well," said Judge Markham. "The proceeding has been slightly irregular, but, under the circumstances, the matter being entirely in the discretion and control of the court, I will permit you to crossexamine any of the other witnesses that you may care to call. The court is not unmindful of the fact that various new conditions have entered into the case since your very brief crossexamination of the other witnesses."

Judge Markham could not resist a slight emphasis upon the words describing the brevity of the crossexamination; an emphasis which was in the nature of a very faint judicial rebuke to counsel who would so lightly dispose of the crossexamination of important witnesses in a murder case.

Arthur Crinston came forward, his face grave, his eyes solemn.

"You have already been sworn," said Perry Mason. "Just take your position in the witness chair, if you please, Mr. Crinston."

Mr. Crinston sat down, crossed his legs and turned to look at the jury.

"Mr. Crinston," said Perry Mason, "you were in conference with Mr. Norton on the night of the murder?"

"Yes sir, I have already testified to that effect."

"Yes. You arrived there, I believe, at seven minutes past eleven, and left at about eleven thirty?"

"Yes," said Mr. Crinston, and went on to volunteer a statement: "I can fix the time of my arrival with certainty because Mr. Norton was a stickler for keeping appointments on time. I was seven minutes late for my appointment, and he pointed that matter out to me rather sarcastically."

"Yes," said Perry Mason. "And from seven minutes past eleven until eleven thirty you were in conference with Mr. Norton?"

"That is correct, yes sir."

"As a matter of fact, Mr. Crinston, wasn't that conference in the nature of a quarrel?"

"No sir, I don't think I can add anything to the statement that I made before, as to what was said at that time."

"Mr. Crinston, the partnership has an indebtedness at the Wheeler's Trust & Savings Bank of some nine hundred thousand dollars?"

"Yes sir."

"With deposits in that bank of only seventyfive thousand dollars."

"Yes sir, approximately that amount."

"Yet it has deposits of eight hundred and seventysix odd thousand dollars at the Seaboard Second National Trust Company, and deposits of approximately two hundred and ninetythree thousand dollars at the Farmers & Merchants National Bank?"

"Yes sir."

"Now, Mr. Crinston, isn't it a fact that the indebtedness of nine hundred thousand dollars which was incurred at the Wheeler's Trust & Savings Bank on a promissory note which bears only your signature, was money that was borrowed without the knowledge of Mr. Norton, and was money that was not used for partnership purposes, but was used solely for your own individual speculations in the stock market?"

"No sir!" snapped Arthur Crinston. "That is not the case."

"Why was it necessary for the partnership to borrow nine hundred thousand dollars from one bank, when it had over a million in liquid assets in other banks?"

"That was because of certain business policies. We had some large purchases we were intending to make, and we desired to keep cash assets to that amount on deposit in those banks. We didn't wish to borrow from that particular bank or those particular banks, because we wanted to keep our cash there readily available. If we had made a large note at those banks and checked out all of our cash, there would have been some explanation required. Therefore, inasmuch as the Wheeler's Trust & Savings Bank had been very anxious to get our account, and had intimated that we could have an unlimited amount of short term credit, we executed the notes there."

"It is a fact, Mr. Crinston, is it not, that those notes at the Wheeler's Trust & Savings Bank came due some two days prior to Mr. Norton's death?"

"I believe so, yes sir."

"And the bank sent out notices through the mail, did it not?"

"I believe so, yes sir."

"And isn't it a fact that Mr. Norton received one of those notices on the day that he was killed?"

"I'm sure I can't tell you, sir."

"Isn't it a fact that on that day Mr. Norton knew for the first time of the indebtedness at this bank?"

"No sir."*

"Isn't it a fact that Mr. Norton called you into conference that evening in order to tell you that he had given you a certain limited time to make restitution to the partnership, and, you having failed to make such restitution, Mr. Norton was going to notify the police?"

The spectators could see that Mr. Crinston was visibly worried. His face had turned a few shades whiter, and his knuckles showed white as his hand clenched tightly, but his voice remained even and steady.

"Absolutely not," he snapped.

"And," persisted Perry Mason in the same even, imperturbable tone, "isn't it a fact that when you advised Mr. Norton that you had been unable to make restitution, and could not do so, he took down the telephone receiver called police headquarters and said: 'This is Edward Norton speaking. I have a criminal matter to report to you, or words to that effect?"

"No sir," snapped Arthur Crinston, and his voice now, for the first time, showed the strain under which he was laboring.

"And," said Perry Mason, slowly rising to his feet, "isn't it a fact that when he had made that statement, you crashed a club down on his head and caved in his skull!"

"I object!" shouted Claude Drumm, getting to his feet. "This examination has gone too far afield. There is absolutely no ground for…"

"The objection is overruled," snapped Judge Markham. "Answer the question, Mr. Crinston."