Эрл Гарднер - The Case of the Duplicate Daughter

“Never mind what you felt,” Hamilton Burger said. “What did you see? What did you do?”

“I gently closed the door so that I would make no noise and so neither of the young women would know that I had seen them.”

“Could you hear any of the conversation?”

“I heard Muriell say that she had been looking for her father and Glamis said sarcastically, ‘In the attic,’ or words to that effect.”

“Cross-examine,” Hamilton Burger said.

Then, before Mason could get to his feet, Hamilton Burger addressed the Court and said, “If the Court please, my next witness is going to be Mr. Perry Mason. Mr. Mason has been served with a subpoena duces tecum to bring certain articles of evidence into court that were surreptitiously and wrongfully removed from the premises at 6231 Vauxman Avenue.

“I am fully aware that it is unusual to subpoena a defense attorney, but the fact remains that where the defense attorney has certain knowledge of facts proving the commission of a crime the defense attorney is a proper witness. I feel, however, that so there can be no delay or misunderstanding, I am entitled to know at this time and before Mr. Mason cross-examines this witness whether he has brought into court the articles referred to in a subpoena duces tecum which was served upon him yesterday.”

Judge Alvord’s face showed some concern. “You are planning to call the defendant’s attorney as a witness against the defendant himself?”

“Yes, Your Honor.”

“Do you have anything to say, Mr. Mason?”

“Yes, Your Honor,” Mason said. “I am entitled to have this case proceed in an orderly manner. I am entitled to cross-examine this witness. When the prosecutor puts me on the stand, if he chooses to do so, I will answer his questions at that time. I have never defied the process of this court or any other court, and there is no occasion for the district attorney to play to the galleries by making an announcement at this time, the effect of which primarily is to alert the press.”

“That’s not true,” Hamilton Burger shouted. “I simply want to know whether I can proceed with my case without—”

“That will do, gentlemen, that will do,” Judge Alvord interrupted. “The Court is inclined to feel that Mr. Mason is entitled at this time to cross-examine this witness. If the prosecutor had addressed the Court at the time the case was first called and asked more assurance as to whether counsel had obeyed a subpoena duces tecum, the Court might have considered the matter. But at this time the Court feels that the inquiry can well be suspended until after Mr. Mason’s cross-examination of the witness, or perhaps until Mr. Mason himself has been called as a witness.”

“Thank you, Your Honor,” Mason said, and turned to look at Paul Drake.

Drake shook his head.

Mason approached the witness. “You have known Glamis Barlow for how long, Mr. Elliott?”

“Some two months.”

“What is your occupation?”

“I am a manufacturer’s agent.”

“You represent several different manufacturers of merchandise?”

“Yes.”

“Within what territory do you operate?”

“The State of California.”

“You have the entire State of California for all of the manufacturers whom you represent?”

“For most of them. For one of them I have only Southern California. I may state that I also have a couple of manufacturers who have given me the states of Washington, Oregon and Nevada as well as California.”

“I see,” Mason said. “Do you have any manufacturers who have included the State of Arizona in your territory?”

“No, sir.”

“Did you have?”

“Yes. I have had. I gave those contracts up because it was unprofitable to work an extra state where I didn’t have enough contracts to make it economically profitable.”

“You move around the state quite a bit then?”

“Yes.”

“And up into Oregon and Washington?”

“Yes.”

“If the Court please,” Hamilton Burger objected, “I fail to see the object of this cross-examination. It appears to me that counsel is simply stalling for time, trying to put off—”

“That will do, Mr. District Attorney,” Judge Alvord ruled. “In view of the very important testimony this witness has given on his direct examination, the Court is certainly going to permit defense counsel to have the widest latitude in the matter of cross-examination. I think these questions go to the background of the witness and I assume they will soon be directed as to the number of times the witness has seen Miss Barlow and for the purpose of determining whether there could have been any mistake.”

Hamilton Burger smiled smugly. “Just let counsel ask this witness how many times he has seen Glamis Barlow and how well he knows her and the prosecution will have no objection, no objection whatever.”

“I think that comment is uncalled for,” Judge Alvord said. “The matter before the Court is an objection on your part and the objection is overruled. Proceed, Mr. Mason.”

Mason said, “Where is your residence, Mr. Elliott? Where do you do your voting?”

“In Redding.”

“In Redding!” Mason said.

“Yes, I have my office there. Much of my business is done by mail and I got started in the business in Redding. I am thinking of opening a Los Angeles office and—”

“Never mind what you are thinking,” Hamilton Burger cautioned the witness. “Just answer Mr. Mason’s questions and... I beg the Court’s pardon. I will ask the Court to admonish the witness just to answer questions and not to volunteer information.”

“Very well,” Judge Alvord said. “I think the witness understands. Go on with your cross-examination, Mr. Mason.”

Mason glanced at his watch, then back toward counsel table.

Della Street was making frantic signals to him.

“May I have just a moment, if the Court please?” Mason said.

“Very well, Mr. Mason. Please be brief, however.”

Mason approached Della Street.

“Paul Drake gave me these,” Della Street whispered. “Alan Hancock is now in the courtroom. He just arrived.”

Della Street thrust some voluminous newspaper clippings and photographs into Mason’s hands and whispered, her voice almost hysterical with excitement, “Take a look at Maureen Monroe’s picture.”

Mason looked at the photograph on top of the pile of papers, then, suddenly turning the photograph face down, approached the witness stand. For a moment he stood there contemplating the witness, his manner that of a man who is concentrating his every faculty.

“Please continue, Mr. Mason,” Judge Alvord said.

Mason said, “Yes, Your Honor,” then turned his piercing eyes on the witness. “So you live in Redding, Mr. Elliott?”

“Yes, sir.”

“And the reason you opened your office in Redding was because you were living there at the time you went into the manufacturers’ agency business?”

“Yes, sir.”

“Just how did you get into the manufacturers’ agency business, Mr. Elliott?”

“Oh, if the Court please, this certainly isn’t legitimate cross-examination,” Hamilton Burger said.

“I’m going to permit one or two more questions along these lines,” Judge Alvord said. “I think defense counsel is, under the circumstances, entitled to get a foundation here.”

“Answer the question,” Mason said.

“Well, I returned from service in the army and was sort of at loose ends. I was living there in Redding and I... I noticed an ad by a manufacturer that wanted salesmen. I answered the ad and then I answered several more and started out in a small way selling merchandise just in Shasta County, and then I gradually branched out. I made good on the contracts and the manufacturers gave me more territory and I expanded my business.”