Erle Gardner: The Case of the Borrowed Brunette

“You claim that Carlotta Tipton followed Robert Hines to the apartment of Helen Reedley?”

“That’s right.”

“But she told me she was asleep all afternoon!”

“She told me different,” Mason said, “and in the presence of witnesses.”

“How many witnesses?”

“Three.”

“Disinterested?”

“Two of them were in my employ.”

“And the third?”

“Paul Drake.”

“Your detective?”

“That’s right.”

“A likely story,” Gulling sneered.

“You don’t believe it?”

“No.”

“The jury that tries my client will,” Mason told him, smiling.

“That doesn’t affect your connection with what happened,” Gulling said angrily. “You may draw a red herring across the trail when you get before the trial jury, but you can’t do it here.”

“It’s no red herring,” Mason was sparring for time. “Why don’t you ask her?”

“I think that might be a good idea, Mr. Gulling,” the foreman said.

Gulling yielded, though with bad grace. “You will retire to the outer room, Mr. Mason, and—”

“Why not let him stay right here?” the foreman suggested. “I’d like to hear what this woman says when she’s confronted with Mr. Mason.”

“It’s illegal,” Gulling said. “Under the law only the consulting experts can be present.”

The foreman urged impatiently, “I want Mason here. He’s a witness.”

“Not being examined.”

“Then he’s a consulting expert.”

“I warn you it’s illegal.”

“Then we’ll take a recess for a while and just have a sort of informal meeting. Bring her in.”

“You can’t make her swear to her testimony if you’re in recess.”

“Never mind that for the present. Get her in here.”

“Bring her in,” Gulling told the deputy, again yielding with bad grace.

When Carlotta Tipton entered she smiled at the grand jurors, sat down, and carefully arranged her legs so as to show just enough stocking to interest them.

“Mr. Mason says,” Gulling began, “that you admitted to him that you had followed Robert Hines to the Reedley apartment where he was later found murdered. What about it?”

She turned to Mason in surprise. “Mr. Mason said that?”

“He did.”

“Why, Mr. Mason, how could you say a thing like that? I told you particularly when you called there that I had been sleeping all the afternoon; that I knew Robert was acquainted with a Helen Somebody, or had some business transactions with her; but that I didn’t have the least idea who she was. And you could have knocked me down with a feather when I found it was a woman who had an apartment in the same building.”

“You made that statement to Mr. Mason?” Gulling asked.

“Yes, sir, I did.”

“Did Mr. Mason have witnesses present?”

“Yes. A flock of people trooped in — people who were working for him. And he told me that he was representing some clients and had to get them out of a murder charge; that if I could help him he’d appreciate it. I told him there wasn’t a thing that I could say or do that would help him. And then he said that if I would say I’d been jealous of Robert it would help, and I told him I couldn’t say that, because I knew that this business with ‘Helen’ — whoever she was — was merely a matter of business. And he asked me if I couldn’t change my testimony just a little bit.”

“He asked you to change your testimony?” Gulling demanded.

“That’s right,” she said demurely.

“You want to ask this witness any questions, Mr. Mason?” the foreman asked Mason.

“Just a moment. Just a moment,” Gulling protested. “ That’s irregular.”

“I don’t care whether it’s irregular or not,” the foreman said. “As far as I’m concerned, Perry Mason is a lawyer, and a good one. He might cut a corner by trying to keep a client out of circulation, but if he says this woman said certain things to him, I don’t think he’s lying. And if he’s got three witnesses to back him up, I want to know more about it. It seems to me the district attorney’s office should show a little more concern over the possibility that this witness, Carlotta Tipton, may be the one that’s committing perjury.”

“Nevertheless, Mr. Mason can’t examine witnesses. It’s irregular and it’s illegal.”

The foreman said angrily, “Well, I can ask questions, and Mr. Mason can talk to me. Tell me what questions to ask, Mr. Mason.”

“Ask her what time she went to sleep.”

Carlotta Tipton replied angrily, “I don’t look at my watch every time I go to sleep. It was right after lunch.”

“Took her clothes off and went to sleep while Robert Hines was in the apartment?” Mason asked the foreman. “You might inquire about that.”

“You can’t throw mud at me,” Carlotta exclaimed. “I was fully dressed until after Bob Hines left the apartment.”

Mason caught the foreman’s eye and tapped his watch significantly.

“What time was that?” the foreman asked.

“About five minutes of two.”

“And when did you see Hines again?”

“I never saw him again.”

“You might ask her how long she slept,” Mason said.

“All afternoon,” Carlotta Tipton snapped back at Mason.

“This is highly irregular!” Gulling protested helplessly.

Ignoring him, Mason went on. “You can easily prove that’s a lie. Helen Reedley had the number of the telephone in Miss Tipton’s apartment; Adelle Winters had the phone number of that apartment; and Eva Martell had the number. That apartment was where they were to call Mr. Hines. And that phone was ringing pretty steadily all afternoon — and was answered by Carlotta Tipton.”

“Of course,” Gulling sneered, “Eva Martell and Adelle Winters would swear to anything to save their necks.”

“Try Helen Reedley,” Mason invited.

There was silence.

Carlotta Tipton broke it to say nervously, “Well, I did wake up long enough to answer the phone once or twice, but I rolled right over and went back to sleep. I didn’t leave that apartment from five minutes to two onward!”

Gulling said coldly, “This hearing is getting somewhat out of hand. It seems to me that we should conduct it—”

The foreman said, “I’m not going to let a lawyer be smeared. I don’t know how the other members feel about it, but if Mason has committed any crime I’m going to indict him. If he hasn’t I’m going to exonerate him. And before I do anything I’m going to make mighty certain that he isn’t being framed!”

Several heads nodded assent.

“Perry Mason is representing two persons who are guilty of robbery and murder,” Gulling said.

Mason said, “Why don’t you let the murder case wait until it’s been tried in court, Gulling?”

“Because I don’t have to. But if this Grand Jury is interested, I can show—”

“Wait a minute!” Mason interrupted.

He was on his feet, his eyes level-lidded with concentration, looking over the heads of the grand jurors, staring into space.

“Well?” the foreman asked after a moment.

Mason said abruptly, “I have a suggestion to make to this Grand Jury.”

“What is it?” the foreman asked.

“Eva Martell and Adelle Winters are being prosecuted for the Hines murder on an information,” said Mason. “I would suggest that while this Grand Jury is in session and has all of the witnesses present, it indict the real murderer.”

“Who?” Gulling asked sarcastically.

“The assumption has always been that Robert Hines was murdered between five minutes of two and ten minutes past two, because at eleven minutes past two Adelle Winters left the apartment, carrying with her the gun with which Hines was killed.”