Эрл Гарднер - The Case of the Careless Kitten

Mason glanced at Judge Lankershim and said, “I submit, Your Honor, that the case having gone this far, the witness should be permitted to...”

There was a commotion in the back of the courtroom. The dour Scotchman who presided over the criminal laboratory of the police came pushing his way through the spectators who had gathered around the door.

Mason said, “However, Your Honor, I think that Angus MacIntosh is about to supply that information. We are perfectly willing to let Lieutenant Tragg step down and Mr. MacIntosh, who has already been sworn as a witness, take the stand.”

Hamilton Burger said, cautiously, “I don’t know what counsel is getting at. If the Court will pardon me a moment, I would like to talk with Mr. MacIntosh.”

Burger arose hastily and stepped over to the rail which separated the counsel table from the spectators. He engaged in a whispered conference with Angus MacIntosh, then looked at Perry Mason with a puzzled frown, following which he said abruptly to Judge Lankershim, “If the Court please, we would like to have a recess until tomorrow morning.”

“Any objection?” Judge Lankershim asked Perry Mason.

“Yes, Your Honor. If the district attorney won’t put Angus MacIntosh on the stand, I want to call him as a witness for the defense.”

Hamilton Burger said testily, “The prosecution has not yet concluded its evidence. The defense will have ample opportunity to call its own witnesses when the prosecution rests.”

Judge Lankershim said acidly, “The request for a continuance is denied. Proceed with your cross-examination of Lieutenant Tragg, Mr. Mason.”

Mason said, “I have no further questions, Your Honor. Nor have I any further questions of the witness Lunk whose cross-examination was interrupted to permit Lieutenant Tragg to be once more placed on the witness stand.”

Hamilton Burger said quickly, “Under those circumstances, I have some more questions to ask the witness Lunk on redirect examination.”

Judge Lankershim’s voice showed his impatience. “Very well. You may stand down, Lieutenant, and the witness Lunk will again take the stand. But, kindly don’t waste time, Mr. District Attorney.”

When Lunk had once more resumed his position in the witness chair, Hamilton Burger said, “Mr. Lunk, did you at any time after the morning of the thirteenth open that can of flour in your pantry?”

“Objected to as already asked and answered,” Mason said.

“It has been asked and answered, but under the circumstances, I will permit it to be asked again,” Judge Lankershim said. “The witness will answer the question.”

Lunk said, “No. After I made the pancakes on the morning of the thirteenth, I didn’t take the lid off the flour can again.”

“Did you use that flour can for any other purpose than storing flour — in other words, did you keep or did you put anything other than flour in that can at any time?”

“No, sir.”

Burger hesitated, then said, “That is all.”

“No questions,” Mason said.

Judge Lankershim looked at the clock, then at the district attorney. “Call your next witness.”

Hamilton Burger said, with somewhat poor grace, “Angus MacIntosh will take the stand. Mr. MacIntosh has already been sworn and has testified to his position in the police laboratories.”

MacIntosh returned to the witness stand.

“You were given a can of flour a few minutes ago by Lieutenant Tragg?” Hamilton Burger asked.

“Yes, sir.”

“What did you do with that can of flour?”

“I wanted to photograph the can and develop latent fingerprints on it, so I dumped out the flour.”

“What did you find?” Burger asked.

“I found currency in bills of fifty and one hundred dollars, making a total of $23,550.”

There was a stir of excitement in the jury box.

“Where are those bills now?”

“In the police laboratory.”

“Cross-examine,” Hamilton Burger snapped.

“No questions,” Mason retorted promptly, and then smiling at the judge, said, “And now, Your Honor, the defense has no objection whatever to consenting to the continuance which the prosecution has requested.”

“The prosecution doesn’t want it now,” Burger said shortly. “The prosecution rests.”

“The defense rests,” Mason said promptly. “It is four-thirty. I will stipulate that, so far as the defense is concerned, arguments on each side may be limited to ten minutes.”

“I’m not prepared to argue the case at this time, or in that short a time,” Hamilton Burger said. “The recent startling developments have been such that I would like more time to correlate the various matters which have been discovered.”

“Then why,” Judge Lankershim asked, “did you object to an adjournment when the defense suggested it?”

Burger said nothing.

“Apparently,” Judge Lankershim went on, “you wanted to see what the evidence of the defense would be. Counsel consented to a continuance, and you rejected it.”

“But, Your Honor,” Hamilton Burger protested, “I felt that I was in a position to go ahead with the case so far as the cross-examination of the defendant’s witnesses were concerned, but that I was not prepared to argue the case.”

Judge Lankershim shook his head. “Court will adjourn at five o’clock. You may proceed with your argument. The Court will limit the argument to twenty minutes to each side.”

Hamilton Burger accepted the ruling of the Court, marched up to a position in front of the jurors and said, “In view of the limitation which has been placed on the argument, and the unexpected developments in this case, I am not prepared to make an extensive opening argument. I will conserve my time so as to make a longer closing argument. I will state, however, that the circumstantial evidence shows conclusively the defendant in this case and her employer, Perry Mason, were engaged in activities which included spiriting away material witnesses. What was done with the witness Lunk is virtually uncontradicted. The defendant is not on trial for that, but her willingness to spirit away a witness is shown by the manner in which she and her employer got the witness Lunk away from the police and endeavored to keep him in concealment.

“We are asking for a conviction of the defendant upon the evidence as it now stands. Regardless of what Franklin Shore may have done, I don’t think any person on this jury doubts that Della Street’s purpose in going to the residence of Thomas Lunk in the small hours of the morning of the fourteenth was to spirit Franklin Shore away. The Court will instruct you that it is not necessary that the attempt be successful in order to constitute a crime under sections 136 and 136.2 of our Penal Code. The spiriting away of a witness, with the intent of preventing him from testifying at a proper legal proceeding or an investigation, constitutes a crime.

“That, ladies and gentlemen, is the contention of the prosecution. If the defendant wishes to adopt the position that Franklin Shore had already left the premises before Della Street’s arrival, it is incumbent upon the defense to assume the burden of proving that fact.

“I will not consume any more time now, but will reserve such time as I have left for my closing argument.”

Burger, glancing triumphantly at the clock, and realizing that he had jockeyed Perry Mason into the position of completing his opening argument prior to the evening adjournment, leaving the prosecution in the advantageous position of being able to sleep over the developments, before making its closing argument, marched back to his chair and sat down.

Mason slowly got to his feet, walked deliberately over to the jury box and smiled at the puzzled jurors.