Эрл Гарднер - The Case of the Dubious Bridegroom

The silence in the courtroom was ominous and tense.

“Did you or didn’t you?” Mason asked.

There was no answer.

“Answer the question,” Judge Minden snapped.

Suddenly Livesey turned to the judge. “I refuse to answer that question,” he said, “on the ground that the answer would incriminate me.”

It took Judge Minden more than a minute to silence the courtroom. When he had restored order, he said, “The Court will take a fifteen-minute recess. At the end of that recess the spectators who return will be restricted to the number of spectators for whom there are chairs available. And the first sign of disorder will result in the courtroom being cleared of all spectators. The jury will heed the previous admonitions of the Court. Court is now adjourned for fifteen minutes.”

Mason grinned at Paul Drake. “Things are beginning to look up, Paul.”

“Darned if they aren’t,” Drake said.

When court reconvened and Livesey was back on the stand, he amplified the previous statement he had make by reading from a piece of paper which he held in his hand. “I wish to state that I have now consulted counsel. I have been advised not to answer any questions concerning any of my relations with Virginia Bynum and I refuse to answer any further questions on the ground that the answers may incriminate me.”

Covington, on his feet, protested vehemently, “Your Honor, this has all the earmarks of a cheap frame-up. By having a man refuse to answer questions, an attempt is made to lead the jury to believe this man may be mixed up in the murder of Ethel Garvin. I charge that it’s a cheap piece of trickery.”

“You made the charge,” Mason said. “Now go ahead and prove it.”

“I can’t prove it. You know that. This matter has taken me by surprise.”

Judge Minden banged his gavel. “Counsel will refrain from personalities,” he said. “The Court is met with a most peculiar situation.”

“I’ll say it’s most peculiar,” Covington said irritably. “It’s too peculiar. I personally happen to have reason to believe this is simply a matter of trickery. Virginia Bynum was out on the fire escape watching the offices of the Garvin Mining, Exploration and Development Company at the time counsel is now charging, at least by inference, that she was in Tijuana. However, by making these statements in front of the jury in the form of highly significant and leading questions, and then having a really friendly witness refuse to answer the questions on the ground that the answers might incriminate him, counsel has drawn a very neat red herring across the path of the prosecution.

“The jury are apt to attach undue significance to what the witness is saying. I claim it’s a deliberate frame-up. Remember this man holds his office at the pleasure of the defendant. By the time the smoke will blows away, it will probably appear that this whole thing has been carefully rehearsed; that the only crime Livesey could possibly have committed is that of speeding in an automobile, or some relatively minor crime which, while technically a crime, is one which has no relation to the case we are here investigating.

“This cheap trickery is entirely on a par with...”

“Just a moment,” Mason interrupted. “You keep on making those charges and I’m going to hold you personally responsible. You...”

“Gentlemen,” Judge Minden said, “we will have no more personalities, and we will have no more speculation as to the reason for the statement made by this witness. Mr. Livesey, do I understand that you’re going to refuse to answer any more questions concerning your relations with Virginia Bynum?”

“Yes, sir.”

“How about what happened on the night of September twenty-first and the morning of September twenty-second? Will you answer questions...”

“I refuse to answer any questions concerning what happened on the night of September twenty-first or the early morning of September twenty-second on the ground that such answers might incriminate me.”

“I want a four-day adjournment,” Covington said angrily, his face flushed. “I’ll have the grand jury in session and we’ll get to the bottom of this. We...”

“In the meantime,” Mason said, “I would like to recall George L. Denby to the witness stand for a brief question or two and then I will have no objection to the Court granting the request of the prosecution for continuance.”

“Very well, take the stand, Mr. Denby,” Judge Minden said.

Denby came walking to the witness stand, quietly efficient, gravely dignified. He took his position in the witness chair, placed the tips of his fingers together and looked inquiringly at Mason.

Mason said, “Mr. Denby, I would like to get the time element straight here. You have stated that you were working in the office of the Garvin Mining, Exploration and Development Company all during the night of September twenty-first and the morning of September twenty-second.”

“Yes, sir.”

“Now then, are you acquainted with Virginia Bynum?”

“No, sir, I am not — that is, in the sense you probably mean. I met her in the offices of the corporation when she inquired about a stock certificate. That, I believe, is all.”

“Now you know that the gun which was found on the fire escape was the weapon that has been introduced in evidence here in this case.”

“Yes, sir.”

“And how do you know it was the same weapon?”

“By the number, sir.”

“What is the number?”

“S64805.”

“You remembered that number?”

“Yes, sir, I remembered the number on that murder weapon.”

“Why?”

“Because I thought it might be significant.”

“You didn’t make any notes?”

“No.”

“Do you want the jury to believe that you can remember a number which you have seen as casually as the number which you saw on that gun?”

“Yes, sir, I have a photographic memory for numbers. I very seldom forget a number once I have seen it.”

Mason approached the witness, took a wallet from his pocket and took from it a card. “What is this, Mr. Denby?”

“It seems to be a driving license made out to Mr. Perry Mason, an attorney at law.”

“And have you ever seen that before?”

“This driving license?” Denby asked puzzled.

“Yes.”

Denby shook his head. “No, I have not seen it.”

“When was it issued?”

“On June fourth, nineteen forty-seven.”

“When does it expire?”

“June fourth, nineteen fifty-one.”

Mason walked up, took the license from Denby’s hand, turned back toward the counsel table, then suddenly paused and said, “Very well, if you’re so efficient in remembering numbers and have such a photographic memory for retaining numbers in your mind, what’s the number of that driving license?”

Denby’s cold eyes held a mildly contemptuous smile. “The number of the driving license, Mr. Mason,” he said, “is 490553.”

Mason glanced at the driving license.

“Is that right?” Denby asked.

“That,” Mason told him, “is right.”

There was a ripple of surprised approval from the spectators.

“Now, then,” Mason said, whirling suddenly and pointing his finger at Denby, “if you have such a photographic memory for numbers how does it happen that when I first asked you, you were unable to remember who it was that owned Certificate Number 123 in the corporation?”

“I can’t carry in mind the figures on every bit of stock in the corporation.”

“I see,” Mason said. “That’s all.”

“We will adjourn, until Monday morning at ten o’clock,” Judge Minden said. “The jury will remember the admonition of the Court.”