The case of the restless.., p.14
The Case of the Restless Redhead, page 14
part #45 of Perry Mason Series
“However, you’re the one hot lead at present. The police have issued a broadcast calling on any doctor who may have treated you to get in touch with the police immediately. They have an idea that some doctor treated you and put you out of circulation. The heat’s on. I can’t keep you away from the police much longer.”
She nodded.
“And,” Mason went on, “you’re going to have to do something that’s disagreeable.”
“What?”
“Stay in the detention ward.”
“I guess I can do that all right,” she said. “I … I’m getting accustomed to it.”
“And,” Mason went on, “I want you to do something else.”
“What?”
“Talk.”
“Just what do you want me to say, Mr. Mason?”
“Anything, everything. I want you to tell the newspapers all about your blighted life, about how the little inheritance you had which was going to take you to Hollywood was taken from you, all about the way this man Staunton Vester Gladden betrayed you.”
“But wouldn’t that be playing right into their hands? Wouldn’t that seem to give me a motive? Wouldn’t that show I had every reason to kill him?”
“Sure it will. But they’re going to find out anyway sooner or later. It’s going to look a lot better to have you tell them and tell them first.
“Now the newspapers will have a lot of sob sisters interviewing you. They’ll want your life story. Give it to them. Emphasize that you’ve been studying how to be an actress ever since you were eighteen.”
“There again I’m vulnerable,” she said. “It will make it look as though I’m telling a story and have enough histrionic ability to make it look good and—”
“That’s exactly what I want,” Mason said. “I want the sob sisters to start speculating as to whether you’re a consummate actress who is putting one over, or a sincere, straightforward girl who is telling the truth.
“The more they speculate the better publicity you’ll have. The more stories they write about whether you’re a naive, truthful girl, or a skillful liar, the more they’ll build up your prestige as an actress.”
“Pretty Polly. Watch it now. Here’s your cracker,” the parrot interpolated.
“I’m not to hold anything back?”
“Tell them everything,” Mason said. “Tell them the whole story. The minute you try holding something back you’re working under wraps. You won’t be able to put your individuality into the thing. You can’t really convince them. You’ll be thinking all the time about mental reservations. I don’t want you to have any. I want you to look them straight in the eyes and pour out your soul.”
“And the police?”
“The same with the police,” Mason said. “Tell them your story. Tell them that story over and over and over, as many times as they ask you about it. Tell them everything.”
“I’m glad,” she said.
“For what?”
“That you told me to do that, because, after all, Mr. Mason, I am innocent.”
She looked him directly in the eyes, widened her own eyes slightly.
“That’s a good trick,” Mason said.
“What?”
“Widening your eyes just a little bit when you look at a person and want him to believe you.”
“That’s not a trick, Mr. Mason. I was being sincere. I—”
Mason grinned. “I am inclined to believe your story because I always make it a point to believe a client, but that gesture of widening the eyes was a trick. I’ve noticed you do it before.”
She seemed angry for a minute, then suddenly started to laugh. “Well, I guess you may be right. I’d practiced that for so long in front of a mirror that it had become second nature to me, and for a minute I was annoyed when you intimated it was a conscious expression. Actually that was one of the things that I practiced for Staunton Gladden in front of a mirror. Isn’t it funny that I should be called on to use that same trick now in connection with … with his death.”
Mason said, “The doctor who treated you is on pins and needles. The police have broadcast a description of you and the doctor feels that he has to communicate with the police, particularly in view of the fact that you’re now ready to be discharged from his care. The police will be here shortly. The doctor will tell them that Miss Street took you up to this apartment, put you to bed, and that he gave you a hypo.”
“How long do I have?”
“Just long enough to take a bath and get dressed.”
She started to get out of bed.
“Okay,” Mason said, “Della and I will go out. You take a shower and dress. The officers will be here within twenty minutes.”
Mason held the door open for Della Street, closed it gently behind her. She looked at him and raised her eyebrows.
Mason said in a low voice, “We’re stuck with the case now, Della. We can’t back out. As far as I’m concerned I’m taking her at face value.”
“The face value is good,” Della Street conceded, “and the figure value isn’t bad either.”
From behind the door came the shrill scream of the parrot, followed by demoniacal laughter.
Chapter 14
Frank Neely was suffering from an acute attack of stage fright.
Because the Evelyn Bagby case involved a screen personality, and seemed to be so filled with contradictions, the newspapers had given it a good coverage. Neely’s eyes as he entered Judge Kippen’s courtroom beside Perry Mason were blinded by a succession of flash bulbs exploding in his face.
“Lord, Mr. Mason,” he said in a whisper, “I don’t know what to do. It even seems presumptuous to be in the same courtroom with you. I—”
“Just act like a veteran,” Mason told him, smiling. “Take it easy. The main thing is to watch the evidence like a hawk and try to manipulate things so you can protect the interests of your client.”
Neely said, “If Sergeant Holcomb’s reconstruction of the crime is at all correct, then things look rather bad for our client.”
Mason nodded. “If the police contention in any case is correct, things always look bad for the defendant. About all we can do is to watch the facts. Well, here we go, here’s the judge.”
Judge Kippen entered the courtroom.
“Case of People versus Evelyn Bagby,” the judge called after Court had been called to order.
“Ready for the prosecution.”
“Ready for the defense,” Mason said.
“Call your witnesses,” Judge Kippen announced.
Geoffry Strawn, a relatively new trial deputy who represented the district attorney’s office, had enjoyed a brilliant career as a trial lawyer and had been reported to have expressed a desire to “tangle” with Perry Mason in a courtroom and “show him up.” Now he called as his first witness, Harry Boles.
Neely leaned over and whispered to Mason, “Oh boy, I’d like to see you tear his can off.”
Geoffry Strawn seemed to recognize this attitude on the part of the defendant’s attorney. He stood up, smiled sardonically, and, after the witness had been sworn and answered the preliminary questions, asked, “Did you know Steve Merrill in his lifetime?”
“Yes, sir.”
“Where is he now?”
“He is dead.”
“Have you seen the body of Steve Merrill?”
“I have. Yes, sir.”
“Where?”
“At the county morgue.”
“You recognize that as the body of Steve Merrill?”
“I do.”
“Cross-examine,” Strawn said to Mason.
Mason smiled at Boles.
“How long had you known Stephen Merrill?”
“Only a short time. It happened that he located an apartment for me in the same building where he had his apartment.”
“Mr. Boles, did you ever know the decedent when he was going under the name of Staunton Vester Gladden?”
“Objected to as incompetent, irrelevant and immaterial,” Strawn snapped.
Mason said, “This is cross-examination, Your Honor.”
“Now just a moment,” Judge Kippen announced, leaning forward and looking over the top of his glasses at Mason. “This is a preliminary examination. It’s not a regular trial. The purpose of this examination is only to find out whether a crime has been committed, and if so whether there is reasonable ground to believe that the defendant participated in the commission of that crime.
“Therefore this Court doesn’t intend to listen to a lot of technical arguments on objections, nor does the Court intend to have this case become the least bit spectacular. I’m perfectly willing to have material points argued, but I’m going to squelch any dramatic pyrotechnics, and there will be no personalities. Now then, the objection is overruled. Answer the question.”
“Did you,” Mason asked, “ever know the decedent when he was going under the name of Staunton Vestel Gladden?”
“No sir. On the day of his death he told me he had once used that name.”
“That’s all,” Mason said.
“Any redirect?” Judge Kippen asked.
“No, Your Honor.”
“The witness is excused. Who’s your next witness?”
“William Ferron.”
Ferron came forward, was sworn and testified to interviewing the defendant in the Joshua Tree Cafe on the night the crime was alleged to have been committed.
“The defendant made certain statements to you?”
“She did.”
“Were those statements made freely and voluntarily?”
Ferron smiled. “They were made in the presence of her counsel.”
“Mr. Perry Mason?”
“That’s right.”
“And what did she tell you?”
Ferron went on to recount at some length the story the defendant had told him.
Then the witness testified to the trip up the mountain road, the discovery of the broken guardrail, the finding of the body, and the various things that happened after the discovery of the body.
“Cross-examine,” Strawn said.
“No questions,” Mason said.
“Call Sergeant Holcomb to the stand,” Strawn announced.
Sergeant Holcomb came forward, was sworn, and, with an air of glowing satisfaction, proceeded to settle himself in the witness chair as one who expected to be there for some time.
Under Strawn’s direct questioning he explained his capacity with the city police, explained that the city Homicide Squad had been called by the sheriff’s office when it appeared a body had been found within the city limits.
“And what was the situation at the time you arrived?”
“It was raining. The car was down the mountainside. A representative of the coroner’s office was there, also police photographers.”
“What did you do?”
“I went down to examine the body, then I assisted in removing the body after pictures had been taken showing the position in which the body was lying. I pointed out certain matters to the deputy sheriffs, certain things which I felt were significant, and called their attention to certain things that they should look for.”
“What do you mean by that?”
“Well, I suggested that the position of the light switch on the car was a matter of the greatest importance.”
“And what was the position of the light switch?”
“It was off.”
“You are referring to the headlight switch of the automobile that contained the body and which was at the bottom of the ravine?”
“That’s right.”
“The headlights were off?”
“Yes, sir.”
“And the switch was off?”
“Yes, sir.”
“Now did you subsequently talk with the defendant in this action?”
“Yes, sir.”
“Were any inducements made to her to make any statements to you?”
“No, sir.”
“Any threats?”
“No, sir.”
“Everything that was said was freely and voluntarily stated by the defendant?”
“Yes, sir.”
“And did you ask her concerning the headlights on the automobile which had attempted to crowd her off the road?”
“I did. Yes, sir.”
“And what did she say?”
“She said that the headlights were on, that the headlights were in the high position, that they were shining into her windshield and reflecting back from the windshield thereby causing her great driving inconvenience.”
“Did you take possession of the weapon with which the crime was committed?”
“Yes, sir.”
“Where did you find that weapon?”
“In the possession of Perry Mason, counsel for the defendant.”
“Where in his possession?”
“In the glove compartment of his car.”
“When?”
“Some time around eleven o’clock.”
“Where?”
“He drove up to the Crowncrest Tavern, where the defendant was working, and apparently tried to see the defendant before—”
“Never mind your conclusions,” Strawn interrupted. “You’re an officer. You understand the rules of evidence. You know you’re only permitted to testify to facts. Now just go ahead and tell us what happened.”
“Well, I asked for the gun which the defendant had given Mr. Mason, the gun which the defendant had handed Mr. Mason in the restaurant when she had told her story to Mr. Ferron, the deputy sheriff.”
“And did Mr. Mason give you that gun?”
“Yes, sir. That is, I believe he said he had it and made a motion toward the glove compartment. So I opened the glove compartment and took it out.”
“Where is it?”
“I have it here.”
“What was the condition of the weapon at the time it was given to you?”
“It was in the same condition as it is now.”
“Directing your attention specifically to the cylinder of the gun—there were four loaded cartridges and two empty cartridge cases in the cylinder?”
“That’s right. Yes, sir.”
“So the gun is in the same condition now that it was when it was handed to you?”
“Yes, sir.”
“You can swear positively to that?”
“Yes, sir.”
“Your Honor, I ask that this weapon be received in evidence as People’s Exhibit A.”
“I would like to cross-examine as to the admissibility of the weapon,” Mason said.
“Very well.”
Holcomb faced Mason with a certain defiance.
“You say this weapon is in the same condition now as when you received it?”
“Yes, sir.”
“Nothing has been done to it?”
“It hasn’t been changed in any way.”
“You gave this weapon to the ballistics department, didn’t you?”
“Yes, sir.”
“And you know that the ballistics department fired test shells through the weapon? You were there when that was done?”
“Yes, sir.”
“And in order to fire those test bullets it was necessary to remove the cartridges from—?”
“Certainly. The cartridges that were in the gun were evidence. We wanted to show that the fatal bullet had the same composition as the remaining bullets in the gun. Therefore we weren’t going to shoot those bullets.”
“Exactly,” Mason said. “So you unloaded the cylinder of the revolver, fired test bullets, and then replaced the empty cartridge cases and bullets that had been taken from the cylinder.”
“That’s right.”
“Who did that?”
“I did it myself.”
“Now then,” Mason said, “how do you know that you got the empty cartridge cases in the proper receptacles in the cylinder?”
“Why … why, it wouldn’t make any difference.”
“Then when you stated the weapon was in exactly the same condition, as when you received it, you mean exactly the same condition for all practical purposes. Is that right?”
“Yes.”
“Did you try to trace this weapon by the serial number?”
“Certainly.”
“And what did you find?”
Judge Kippen raised his eyebrows somewhat and said, “Of course, this question is coming from defense counsel.” . “Exactly,” Mason said. “Technically the defendant might object to certain things as not being the best evidence, but I see no reason for calling in the man who sold the gun, and the gun register, and all of that. I have unlimited confidence in Sergeant Holcomb’s investigative ability.”
“Thank you,” Sergeant Holcomb said sarcastically.
“So I’m perfectly willing to let him testify to what he found. What did you find, Sergeant?”
“I found that this weapon had been sold to one Mervyn Aldrich, by a sporting goods store in Newport Beach on the twenty-fifth of last month. I found that Mervyn Aldrich had carried the weapon for his personal protection, that he had a permit to do so, that he kept the weapon in the glove compartment of his automobile, and that the weapon was stolen from the glove compartment—”
“Now just a minute,” Judge Kippen interrupted. “I see no reason for going into a lot of hearsay evidence. Is Mr. Aldrich in court, Mr. Deputy District Attorney?”
“He is, Your Honor.”
“I take it that it is claimed the gun was stolen from his possession under such circumstances that in the mind of the prosecution there is reason to believe it was taken by the defendant?”
“That’s right, Your Honor.”
“I think that evidence should come from Mr. Aldrich himself.”
“Yes, Your Honor.”
Mason said, “I would suggest then that Sergeant Holcomb step down and Mr. Aldrich be put on the stand.”
“Just a moment,” Strawn said. “I’m quite willing to call Mr. Aldrich. I intend to call him. He’s going to be a prosecution witness, but I see no reason to call him at this time. As far as the introduction of this weapon in evidence is concerned it is only necessary to show that it was in the possession of the defendant and that it was the weapon which killed Stephen Merrill.”
