Эрл Гарднер - The Case of the Reluctant Model

“The Court apologizes to counsel for starting to make its order binding the defendant over without asking the defendant’s counsel if he wished to put on any case.

“Having said that, however, may the Court point out that in a matter of this sort where the only question before the Court is whether a crime has been committed and there is reasonable ground to believe the defendant committed that crime, it does no good to raise a conflict in the evidence. The Court’s duty is apparent.

“I take it the defense understands this somewhat elemental situation?”

“The defense understands it,” Mason said.

“Very well,” Judge Madison said, if you wish to put on a defense, go ahead.”

Mason said, “I’ll call Goring Gilbert to the stand.”

Gilbert, his shirt now buttoned and tucked in his slacks, and wearing shoes and a sport coat, came forward, raised his right hand and seated himself on the witness stand.

After the witness had given his name and address to the clerk of the court, Mason said abruptly, “Did you know Collin Max Durant in his lifetime?”

“I did.”

“Did you have any business transactions with him?”

“Several.”

“Within the last several weeks did you have any business transactions?”

“Yes.”

“As a result of that business, did he give you a sum of money?”

“Yes. He paid me for some of the work I did.”

“How was that money paid to you, in cash or by check?”

“In cash.”

“And how was it paid in cash? Were there bills of any particular denomination?”

“The last money I received from him was all in one-hundred-dollar bills.”

Judge Madison frowned thoughtfully and leaned forward on the bench to look down at the witness.

“And what were you hired to do?” Mason asked.

“I was hired to do various paintings.”

“You completed those paintings?”

“I did.”

“And what did you do with them?”

“They were delivered to Collin Durant.”

“Do you know where those paintings are now?”

“No.”

“What?” Mason exclaimed.

“I said I didn’t know where they were.”

“I will call your attention to a painting I examined at your studio, one that was in the style of a painter named—”

“I am familiar with that painting.”

“Where is it now?”

“I have it.”

“You were served with a subpoena duces tecum to bring a painting with you?”

“I was.”

“That was the same painting I looked at in your studio?”

“Yes.”

“And you have that painting here?”

“Yes. It is wrapped up and in the witness room.”

“Will you get it, please?”

“Now, just a moment,” Dexter said. “I haven’t objected to this line of examination, if the Court please, because I felt certain counsel intended to connect it up.

“As far as the one-hundred-dollar bills are concerned, it is possible — barely possible — that the testimony is pertinent. But as far as this painting is concerned, it is very plainly incompetent, irrelevant and immaterial, and I object to it on that ground.”

“So it would seem,” Judge Madison ruled. “The payment in one-hundred-dollar bills is an interesting development, but unless those one-hundred-dollar bills can be identified in some manner — I take it counsel intends to connect them up?”

Judge Madison looked at Perry Mason. Mason said, “If the Court please, I intend to connect up this painting.”

Judge Madison shook his head. “I don’t see that the painting can be at all relevant. The money that was paid for the painting might have some bearing.”

Mason said, “I intend to connect up the painting, Your Honor.”

“No,” Judge Madison said, “I think you should go at it the other way, Counselor. I think you should first show the fact that the painting is pertinent according to some phase of the case before you try to introduce it.”

“I intend to do that,” Mason said.

“I think you had better do it, then.”

“However” Mason said, “while this witness is here, if the Court rules that I can’t have this painting introduced in evidence, I certainly would like to have it marked for identification and retained in the custody of the clerk until I have connected it up.”

“I take it there is no objection to that procedure?” Judge Madison asked Dexter.

Dexter seemed somewhat uncertain. After a moment he got to his feet. “If the Court please, this witness is here in response to a subpoena duces tecum, he has brought the painting, the painting isn’t going to run away.”

“Paintings don’t run away,” Mason said, “but it might be taken away.”

“Well, it’s here now. It can be brought back at a later date.”

“If it is marked for identification and left in the custody of the court, it will—”

“Very well,” Judge Madison interrupted. “The Court is going to so rule. Produce the painting, Counselor.”

Mason said to Gilbert, “Will you produce the painting, please?”

Gilbert, sullen, plainly hostile, hesitated. “It’s my painting. I don’t think that anyone has any right to take it away from me.”

“Produce it, please, and we’ll take a look at it,” Judge Madison said. “That is the Court’s ruling.”

Gilbert left the witness stand, went to the anteroom, shortly returned with a painting covered with wrapping paper. He angrily ripped off the wrapping paper and held up the painting.

Judge Madison looked at the painting, blinked his eyes, and looked again at Gilbert. “Did you do that, young man?” he asked.

“Yes, Your Honor.”

“That’s a very good painting,” Judge Madison said.

“Thank you.”

“You may resume your position on the witness stand.”

Gilbert walked back to the witness stand.

“This painting that you have produced,” Mason asked, “is one that you did at the request of Collin M. Durant, the decedent?”

“Now, just a moment, before you answer that question,” Dexter said, “I’m going to object to this on the ground that it is incompetent, irrelevant and immaterial; that this painting has absolutely no bearing on the issues in the case.”

“At the present time I think that is correct. The objection will be sustained.”

“I ask, if the Court please, that this painting be marked for identification,” Mason said.

“So ordered,” Judge Madison said.

“And left with the clerk in the custody of the court.”

“For how long?” Judge Madison asked. “How long will it take you to get to the matter in hand, Counselor?”

“I would like to have until tomorrow to do so.”

“You mean you have a case which is going to take all afternoon?” the judge inquired.

“If the Court please,” Mason said, “I intend to put the defendant on the stand.”

“Put the defendant on the stand!” Judge Madison echoed incredulously.

“Yes, Your Honor.”

Dexter jumped up, paused openmouthed, looked at Mason, looked at the judge, and then slowly sat down.

“And,” Mason said, “in order to prepare for this rather unexpected development in the case, I would like to have a recess until three-thirty this afternoon. I may state to the Court that my determination to put on a defense was not reached until a few minutes before the prosecution concluded its case.”

“You have a right to put on a defense and you have a right to have a reasonable continuance in order to get your witnesses here,” Judge Madison said. “Do I understand, Mr. Mason, that you now state you are going to put the defendant on the witness stand?”

“I am going to put the defendant on the witness stand,” Mason said.