Эрл Гарднер - The Case of the Shapely Shadow

“Well, I can’t swear absolutely, positively that I didn’t, no. I don’t think I did, though. In fact, I’m positive I didn’t.”

“That’s all,” Mason said.

Ruskin said suavely, “Well, if you’re positive you didn’t, you can now swear that you didn’t, isn’t that right, Mr. Roberts?”

“Objected to,” Mason said, “as leading and suggestive.”

“It is leading and suggestive,” Judge Seymour said.

“But this is on redirect examination.”

“That doesn’t make any difference. You can’t put words into the mouth of the witness. He’s your witness.”

“Well, did she give you a twenty-dollar bill and you gave her change?” Ruskin asked.

“I don’t think so.”

“Are you positive?”

“Yes, I’m positive she didn’t.”

“That’s all,” Ruskin said.

“Will you swear she didn’t?” Mason asked, smiling.

“All right,” the witness shouted, “I’ll swear she didn’t.”

“A few moments before you said you wouldn’t swear she didn’t,” Mason said. “Now what has changed your mind? Is it the fact that the prosecutor quite obviously wants you to so swear?”

“I object to that,” Ruskin shouted. “That is not proper cross-examination and it isn’t a question of what I want him to swear to.”

“It goes to his bias,” Judge Seymour said. “I think the situation here is obvious, however. Answer the question, Mr. Roberts. The objection is overruled.”

“I’m willing to swear that she didn’t because I know she didn’t. I’m positive of it now. The more I think of it, the more positive I become,” Roberts said.

Ruskin grinned at Mason.

“You’d been thinking of it ever since the fourth of the month, hadn’t you?” Mason asked.

“Off and on.”

“And you weren’t willing to swear that she didn’t give you a twenty-dollar bill a few minutes ago.”

“Well, I’m swearing to it now,” the witness said.

“Because I’ve made you angry?” Mason asked.

“I’m swearing to it.”

“That’s all,” Mason said.

“No further questions,” Ruskin observed.

“Call Louise Pickens,” Ruskin said.

Louise Pickens was a very attractive, curvaceous young woman bubbling good nature and friendliness. The minute she walked forward and held up her hand, took the oath, seated herself and smiled at the jurors, the jurors relaxed their positions and started smiling.

“What’s your occupation?” Ruskin asked.

“I’m a policewoman.”

“Now, I am going to ask you if you are familiar with the words of the message which was testified to as having been on the paper found by Mrs. Theilman in her husband’s pocket.”

“Yes.”

“And did you make any experiments in duplicating that message?”

“I did.”

“What were those experiments?”

“I purchased a Los Angeles Times and a Los Angeles Examiner under date of Tuesday, the third, and found that it was possible to reconstruct that message from words in the headlines of the two papers.”

“And you did so construct such a message?”

“I did.”

“Do you have it with you?”

“I do.”

“May we see it, please?”

“Now, just a moment,” Mason said, “I object to this on the ground that it is incompetent, irrelevant and immaterial. The fact that the message could have been so constructed is certainly not binding on this defendant.”

“I propose to connect it up,” Ruskin said.

“I think I’ll permit it, Mr. Mason,” Judge Seymour said, “particularly on the strength of counsel’s assurance that it will be connected up. I think it’s within the province of the prosecution’s case to prove how the message could have been constructed. Of course, the jurors will understand that that doesn’t necessarily mean the message was constructed in that way. The objection is overruled.”

Louise Pickens produced the message.

“I move this be received in evidence as People’s Exhibit, appropriate number.”

“I think it is M-i,” the clerk said.

“Very well, it will be received as People’s Exhibit M-1.”

“Subject to the defendant’s objection, if the Court please,” Mason said.

“Subject to the defendant’s objection, which is overruled. It will go in evidence,” Judge Seymour ruled.

“You may inquire,” Ruskin said.

“No questions,” Mason said.

Ruskin looked at the clock, then leaned forward, whispered to Hamilton Burger, the district attorney, for a moment, then said to the Court, “May we have the indulgence of the Court for a moment, please?”

Judge Seymour nodded.

Ruskin and Hamilton Burger engaged in a lengthy whispered conference, from time to time looking at the clock.

At length Burger arose. “If the Court please,” he said, “we have about finished with our case but there is a certain matter of policy which we would like to discuss. Would it be possible for us to ask the Court to adjourn until two o’clock?”

Judge Seymour shook his head. “It is not yet eleven, gentlemen,” he said. “We have a backlog of cases. The courts are all starting half an hour earlier in order to try and get caught up and I don’t feel that I can delay this case. I suggest that you put on some other witness and then you can discuss your strategy during the noon hour.”

Again Burger and Ruskin engaged in a hurried whispered conference. Then Burger said, “Call Wilbur Kenney.”

As Wilbur Kenney came forward and held up his right hand to be sworn, Janice Wainwright whispered to Perry Mason, “Why, he’s the man who has the newsstand at the corner by the office.”

“What’s your occupation?” Burger asked.

“I’m a newsdealer, if you want to put it that way. I peddle papers and a few magazines. I have a corner newsstand.”

“Are you acquainted with the defendant?”

“Oh, yes. I’ve known her for years.”

“Referring to the morning of the third, that would be Tuesday, did you see the defendant?”

“I did.”

“What did she do, if anything?”

“She bought a copy of the Times and the Examiner.”

“And then what?”

“Then she went into the dime store across the street.”

“Then what?”

“Then she went up to her office building and entered the office building.”

“Did you see her again that morning?”

“Yes.”

“When?”

“About half an hour later.”

“What did she do?”

“Came down and bought another copy of the Times and another copy of the Examiner.”

There was a startled gasp from spectators in the courtroom as the significance of the testimony began to sink in.

“Now, this was on Tuesday, the third, at about what time?”

“Right around eight-forty-five in the morning. She came to work at eight-thirty and spoke to me as she passed. Then she came down and bought these papers, went across to the dime store, then went up in the office building and came down in about half an hour and bought two more papers.”

“Did she make any statement to you in connection with the second purchase?”

“She said there was some stuff in the papers she’d been cutting out.”

“Thank you,” Hamilton Burger said, and turned triumphantly to Perry Mason. “You may inquire.”

“No questions,” Mason said.

“Call Lucille Rankin,” Hamilton Burger said.

Lucille Rankin came forward and was sworn. “Have you ever seen the defendant in this case before?” Hamilton Burger asked.

“Yes.”

“Where?”

“At the five-ten-fifteen-twenty-five-cent and dollar store where I work.”

“When did you see her?”