Erle Gardner - The Case of the Horrified Heirs

She nodded. «I can see that.»

«Now then,» Mason said, «in view of that situation and in view of that statement, do you want to change your story?»

«I can't change it,» she said.

«You mean because you're stuck with it?» Mason asked.

«I just can't change it, Mr. Mason, because it's the truth. That's all.»

«All right,» Mason told her, «I'll take it from there and do the best I can with it. Sit tight.»

The lawyer walked out.

Jerry Caswell, the deputy district attorney who had prosecuted Virginia on the charge of possessing narcotics and apparently firmly believed that there had been a miscarriage of justice in that case, had requested the district attorney's office to be permitted to present the People's case against Virginia Baxter at the preliminary hearing.

Now he entered upon his duties with a personalized zest and a grim determination that Perry Mason was not going to get any advantage because of ingenuity or quick thinking.

As his first witness, he called George Eagan.

The chauffeur took the stand, testified as to his name, address and occupation.

«Could you tell us what you were doing on Wednesday night?» Caswell asked.

«I was driving Lauretta Trent in her automobile. We had been to Ventura and were returning along the coast highway.»

«Did you have any fixed destination in mind?»

«Mrs. Trent told me that she intended to turn off to go up to a motel that was up in the hills near a lake. She said she would tell me what road to take.»

«She didn't tell you what road she intended to take?»

«No, just that she would tell me when to make the turn.»

«Now then, are you familiar with the motel known as the Saint's Rest and the road leading to it?»

«Yes, sir. The turnoff is approximately three hundred yards to the north of the Sea Crest Cafe.»

«When you approached that turnoff on Wednesday night, what happened?»

«Mrs. Trent asked me to slow down slightly.»

«And then what?»

«Well, I realized, of course, that she was going to-«

«Never mind what you thought,» Caswell interrupted. «Just confine yourself to answering questions as to facts. What happened?»

«Well, there were headlights coming behind and, since I-Well, I don't know how to express it without saying what I was thinking, but I was preparing for a left turn so I turned-«

«Never mind what you were preparing for; state what you did .»

«Well, I swung far over to the right-hand side of the road, just as far as I could get, and waited for this car to pass.»

«And did the car pass you?»

«Not in the normal manner.»

«What did happen?»

«The car suddenly swerved, its front end hit the front end of my car, then the driver jerked the steering wheel so that the hind end swung over and crashed hard against the front end of my car. It knocked my front end way over, and the car went out of control.»

«And what happened?»

«I fought the steering wheel, trying to keep the car from going over the bank, but I felt the car going. I shouted to Lauretta Trent to open the door and jump, and I opened my door and jumped.»

«Then what happened?»

«I don't know what happened immediately after that.»

«You were unconscious?»

«Yes.»

«Do you know when you regained consciousness?»

«No. I had no way of knowing the exact time. I know about the time of the accident but I didn't look at my watch to determine the time until sometime later. I was upset and excited and I was feeling bad. I had a terrific headache and I was… well, I was groggy.»

«How long do you think you were unconscious?»

«Objected to as incompetent, irrelevant and immaterial and no proper foundation laid, calling for a conclusion of the witness,» Mason said.

«The objection is sustained,» Judge Grayson ruled.

«Oh, if the Court please,» Caswell said, «there are certain ways by which a person can tell how long he has been out-certain bits of circumstantial evidence.»

«Let him give the circumstantial evidence then and not the conclusions he has drawn from that evidence.»

«Very well,» Caswell said. «Now, when you regained consciousness, what was your position?»

«I was sprawled out on the ground, face down.»

«How near the road were you?»

«I don't know the exact distance, probably about ten feet, I would estimate.»

«Who was there?»

«An officer of the highway patrol was bending over me.»

«Did he assist you to your feet?»

«Not right away. He turned me over. They gave me some sort of a stimulant, then they asked me if I could move any toes. I could. Then they asked me if I could move my fingers. I could. Then they had me move my legs slowly, then my arms. Then they helped me to a sitting position, then to my feet.»

«Do you know where they had started from?»

«Only from what they told me.»

«How long was it after you regained consciousness before you were helped to your feet?»

«A couple of minutes.»

«And then you looked for the Trent car?»

«Yes.»

«Did you see it?»

«No. It was gone.»

«And you told the officers what had happened?»

«It took me a little while to collect my senses. I was rambling a little at first.»

«Then what happened?»

«Then there was the sound of sirens, and a wrecking car came up, and shortly after that another car came, divers went down into the water and located the Trent car in about twenty-five feet of water. The car was lying on its right side with the front end down; the left-hand doors were open. There was no one in the car.»

«How do you know there was no one in the car?»

«I was there when the car was brought to the surface. I ran to it and looked inside. There was no sign of Lauretta Trent.»

«Now, if the Court please,» Caswell said, «I would like to withdraw this witness temporarily in order to ask questions of another witness. However, I am aware of the fact that when I start to prove admissions made by the defendant, the objection will probably he made that no corpus delicti has been established. I wish to state to the court that we are prepared to meet this objection here and now; that the corpus delicti means the body of the crime and not the body of the victim.

«There are several instances on record where murderers have been successfully prosecuted, convicted and executed where the body of the victim was never found. It is proper to prove the corpus delicti by circumstantial evidence just as any other factor in the case and-«

«You don't need to try to educate the court on the elementals of criminal law,» Judge Grayson said. «I think under the circumstances a prima facie showing has been made. If Mr. Mason wishes to adopt the position that no corpus delicti has been proven, I think he has the laboring oar.»

Mason got to his feet and smiled. «On the contrary, Your Honor, the defense feels certain that the evidence now introduced is sufficient to prove the death of Lauretta Trent. We intend to make no issue in this case of corpus delicti as far as the missing body is concerned. However, the Court will bear in mind that the corpus delicti consists not only of proof of death but proof of death by unlawful means.

«So far, it appears that Lauretta Trent's death could well have been an accident.»

«That is why I wish to withdraw the witness at this time and put on another witness,» Caswell said. «By this witness I can prove that this was a crime.»

«Very well,» Judge Grayson said. «However, the defendant is entitled to cross-examine the witness on the testimony he has given at this time, if he so desires.»