"I show you a photograph," Truslow said, "merely for the purpose of identification, and ask you if that is a photograph showing the features of the young woman you saw lying on the floor at that time."
"It is."
"We'll connect up the photograph and introduce it later," Truslow said. "We would now like to have it marked for identification."
He asked several more perfunctory questions and said to Perry Mason, "You may crossexamine."
"On that bit of club which you found by the body of the unconscious woman," Mason said, "there was a fingerprint, was there not?"
"There was."
"You photographed that fingerprint?"
"I did."
"Was that a fingerprint made by the defendant?"
"It was not."
"Was it a fingerprint of Sam Laxter, Frank Oafley, or any of the servants in the Laxter household?"
"It was not."
"Naturally, you made an attempt to identify that fingerprint?"
"Naturally."
"You were unable to do so?"
"That's right."
"You had been to the Laxter residence earlier in the evening, had you not?"
"I had."
"And you there found the body of Charles Ashton, the caretaker?"
"I did."
"That body was lying on the bed of Ashton's room?"
"It was."
"Ashton was dead, was he not? And death was due to strangulation inflicted by a cord which had been thrown around his neck and drawn taut?"
"That is correct."
"And there were cat tracks up and down the bed?"
"Yes, sir."
"Did you make any attempt to ascertain whether those cat tracks had been made before or after the death of Charles Ashton?"
"I did."
"When were they made—before or afterwards?"
Truslow's face showed surprise at this line of interrogation.
"Afterwards."
"I thought," Truslow said, with a slightly nervous laugh, "that we were going to have quite a fight to get this evidence in, but I see you are bringing it out. While it probably isn't proper crossexamination, strictly speaking, I certainly am making no objection."
"I want to get all the facts in," Perry Mason said. And, turning to the witness, went on, "When you arrived at the Laxter house, Samuel Laxter was not there?"
"He was not."
"He showed up later on?"
"That is right."
"His automobile was damaged and his right arm was injured?"
"That is correct."
"But Frank Oafley was there?"
"Yes, sir."
"Where was he when you drove up?"
"I don't know where he was when we drove up, because we stopped in the garage to make a search of the automobiles, but when we reached the main terrace on which the house is situated, we noticed a man digging in the ground near a corner of the house. We turned our flashlights on him, and it was Mr. Oafley."
"That's all the crossexamination I have," Mason said.
Truslow, looking rather puzzled, remarked, "I think we'll get the corpus delicti definitely established, your Honor."
Mason slumped back into his chair with the manner of a man who has no further interest in the proceedings. Nor did he ask so much as a question while Truslow called the autopsy surgeon, then put on witnesses who identified the dead woman; who identified the club as having been sawed from a crutch; witnesses who testified to the type of crutch used by Charles Ashton and who stated that, to the best of their belief, the bloodstained club which was offered in evidence by Truslow, was part of Ashton's crutch, or, at least, a crutch similar in appearance.
Truslow brought Babson the cabinetmaker to the stand, who positively identified the section of the crutch, due to certain scratches which appeared on it, and testified how Ashton had employed him to hollow a receptacle into the crutch, and line that receptacle with chamois skin. Then, by other witnesses, Truslow brought out the value of the Koltsdorf diamonds, the fact that Peter Laxter was very much attached to them and never let them out of his possession.
"Call Samuel Laxter," Truslow announced at length.
Samuel Laxter took the witness stand.
"Your name is Samuel Laxter, you reside in the Laxter household?"
"That is correct."
"You are a grandson of Peter Laxter, deceased? You resided in what was known as the country house for several months prior to the time it burned, and then you took up your residence in what is known as the town house?"
"Correct."
"You were acquainted with Edith DeVoe?"
"Yes, sir."
"You saw her body in the morgue?"
"Yes, sir."
"She was dead?"
"That is right."
"And the body you saw was the same as that pictured in the photograph, People's Exhibit No. 1?"
"That is correct."
"And that was Edith DeVoe?"
"That is right."
"Where were you on the evening of the twentythird between the hours of nine o'clock in the evening and approximately eleventhirty at night?"
"I refuse to answer."
Truslow smiled. "You can't refuse to answer," he said, "without being guilty of contempt of court. That story about protecting some mysterious woman won't go here, Laxter. You're in a court of justice—you've got to answer."
Nat Shuster came bustling forward.
"If the court please," he said, "it now appears that an attempt is being made to malign the character of this witness by extraneous questions. He is not accused of the murder and if he was not accused of the murder, it makes no difference where he was unless he was present at the place where the murder was being committed."
"You're appearing for Mr. Laxter?" Judge Pennymaker asked.
"Yes, your Honor."
"I," Mason observed, "am making no objection to the question."
"I am going to order the witness to answer the question," Judge Pennymaker stated.
"I refuse to answer."
Judge Pennymaker's face clouded.
Shuster leaned across the counsel table. "Go on," he said; "say the rest of it."
"Upon the ground that the answer might tend to incriminate me," Laxter said, after the manner of one who has learned his speech by heart.
Shuster smiled, and turned toward the Court.
"I want the Court to understand," he said, "that the answer would not tend to incriminate him, so far as any crime under discussion is concerned, but I believe there is a city ordinance which might have been violated by this witness, and, inasmuch as we are technically able to back up our position on such grounds, I have instructed my client to protect the good name of the young woman involved in the case."
"Bosh and nonsense and grandstand!" Mason said.
Judge Pennymaker pounded with his gavel.
"That will do, Counselor. You have no right to make any such statement."
Perry Mason nodded. "That is right, your Honor, but on the other hand, Counsel for Mr. Laxter has no right to make any such statement—a statement which is intended only to appeal to the newspapers."
Shuster waved his arms excitedly. "Your Honor, I resent that accusation."
Truslow's voice boomed out over the hysterical comments of the excited lawyer, "I agree with Counselor Mason, your Honor. However, it is all immaterial. I now offer this witness immunity from prosecution for any crime other than that of murder and again repeat my question."
"Again I refuse," Laxter said doggedly, "on the ground that the answer would incriminate me."
"You were not at the Laxter residence at the time Ashton was murdered?" Truslow asked.
"I was not."
"Where were you?"
"I was in Nathaniel Shuster's office. I was there from before ten o'clock until after eleven."
"Was anyone there with you?"
"Nathaniel Shuster."
"Anyone else?"
"James Brandon."
"Who is James Brandon?"
"He's employed as chauffeur and butler."
"Was he present in the discussion which took place between you and Nathaniel Shuster?"
"No, sir, he sat in the outer office."
"When did he leave?"
"About ten minutes before eleven o'clock I told him that he might go home. There was no need for him to wait any longer."
"Then what did you do?"
"I stayed on in Nathaniel Shuster's office for a few minutes."
"Then where did you go?"
"I refuse to answer, upon the same ground—the answer would tend to incriminate me."
"Incriminate you in what way and for what crime?"
"I refuse to answer."
Truslow said disgustedly, "I think that's all. I'm going to ask the Grand Jury to investigate this matter."
Laxter started to leave the witness stand. Nat Shuster's teeth were quite evident as he smiled triumphantly.
"Just one moment," Perry Mason said. "I believe I have the right to crossexamine this witness."
"But he hasn't testified to anything," Shuster objected.
"Sit down, Counselor Shuster," Judge Pennymaker ordered. "Counselor Mason has the right to crossexamine upon any of the testimony given by this witness."
Mason faced Sam Laxter.
"You drove to Shuster's office with Jim Brandon?"
"That's right, yes, sir."
"And you drove in the green Pontiac?"
"That's right."
"You know where Douglas Keene's apartment is?"
"Yes."
"Did you on the night of the twentythird?"
"I can't remember I think perhaps I did."
"Hadn't you called on him there some time prior to the twentythird?"
"I think perhaps I had been there, yes."
"After you left Shuster's office, didn't you go to Edith DeVoe's apartment?"
"I refuse to answer."
"And at that time wasn't the Chevrolet automobile customarily driven by Charles Ashton, the caretaker, parked in front of Edith DeVoe's apartment house?"
Shuster fidgeted uneasily, leaned forward as though about to burst into speech.
Laxter said in an even monotone, "I refuse to answer."
"Now, then," Mason said, "didn't you enter Edith DeVoe's apartment? Did you find her lying on the floor, unconscious? Didn't you realize that she had previously made accusations which virtually amounted to charging you with the murder of your grandfather? Didn't you thereupon rush from the apartment where she was lying, enter the Chevrolet automobile, drive it to Keene's apartment, cut your arm with a knife, razor blade, or other deep instrument, leave blood stains on Keene's garments, telephone Nathaniel Shuster, explain to him what had happened; that you were afraid that you might face a murder charge, and, in order to make the injury to your arm appear to have been accidentally sustained, didn't you deliberately drive the Chevrolet automobile into a lamppost on the road home?"
Shuster jumped to his feet. His hands pawed the air.
"A lie, your Honor!" he shouted. "A series of lies! An attack on the character of my client."
Mason continued to stare steadily at the white face of the witness.
"If the answer to that question will incriminate you, you may say so."
The courtroom was tense with silence. Even Shuster forgot his excited expostulation in order to stare as though fascinated at the face of Samuel Laxter. Perspiration beaded Laxter's forehead. He cleared his throat twice and then mumbled, "I refuse to answer."
Mason motioned with his hand urbanely. "That," he said, "is all."
Truslow leaned forward and whispered, "For Heaven sakes, Mason, is there any chance this chap did what you intimated, or are you merely trying to prejudice the Court in favor of your client?"
Mason smiled and said, "Go on with the case, Truslow. I think we'll reach a solution directly."
"Call Frank Oafley," Truslow said.
Oafley took the witness stand, testified briefly as to his name, place of residence and relationship to the deceased Peter Laxter.
"On the night of the twentythird instant," Truslow said, "you were engaged in digging in the yard of the Laxter residence?"
"I was."
"For what purpose?"
"Objected to," Shuster shouted.
Perry Mason smiled affably and said, "Your Honor, I represent the defendant in this case. Counselor Shuster is without any standing in court. If I don't object to a question and the Prosecution, by asking the question, requests an answer, the witness is forced to answer the question."
"That is right," Judge Pennymaker ruled. "Answer the question."
"I was searching for a large amount of money which had been missing ever since my grandfather died, and I was searching for certain other property."
"Why were you searching?"
"Because I had received a telegram."
"We're going to attempt to offer that telegram in evidence," Truslow said, looking at Perry Mason, his tone indicating plainly that he expected Mason to object and expected the Court to sustain the objection.
"No objections," Perry Mason said. "Introduce it in evidence."
Truslow took a telegram, introduced it in evidence and read it into the record:
THE KOLTSDORF DIAMONDS ARE HIDDEN IN ASHTON'S CRUTCH STOP MORE THAN HALF OF YOUR GRANDFATHERS MONEY IS BURIED JUST UNDER THE LIBRARY WINDOW WHERE THE CLIMBING ROSEBUSH STARTS UP THE TRELLIS WORK STOP THE SPOT IS MARKED BY A LITTLE STICK STUCK IN THE GROUND STOP IT ISN'T BURIED DEEP STOP NOT OVER A FEW INCHES
"We expect to prove," Truslow said, "for what it may be worth, that this telegram was telephoned in to the telegraph company; that it was telephoned from the telephone of Winifred Laxter, the fiancee of the defendant in this case."
Mason remained silent.
"You dug in that locality?" Truslow asked.
"I did."
"You were acquainted with Edith DeVoe?"
"I was."
"Was she any relation to you at the time of her death?"
The witness gulped. "She was my wife," he said.
Mason said to Truslow, "Go ahead and ask him about what Edith DeVoe told him concerning his grandfather's death."
Truslow showed some surprise, but immediately turned to the witness and inquired, "Did Edith DeVoe tell you anything concerning the death of your grandfather or certain suspicious circumstances she had observed on the evening of the fire?"
Nat Shuster jumped to his feet. "Your Honor! Your Honor! Your Honor!" he shouted. "This is objected to. This is absolutely hearsay evidence. This has no bearing…"
Judge Pennymaker banged his gavel. "Sit down, Counselor," he ordered. "You are out of order; you have no standing in this case whatever, save as you appear as the counsel of Samuel Laxter."
"But on behalf of Samuel Laxter I object to it."
"Samuel Laxter is not a party to the case. Counselor Mason is the only one who has the right to object. I have advised you of that before."
"But this is an outrage! This is convicting my client of murder without giving him a chance to defend himself. It's a great game these two lawyers are playing! They start prosecuting some other man for murder, and then they convict my client of it and I can't do anything because they don't object."
Despite himself, Judge Pennymaker smiled. "It is rather an ironical situation, Counselor," he said, "but there can be no question concerning its legality. You will sit down and refrain from interrupting the proceedings."
"But he shouldn't answer. He'll get himself into trouble. I advise him not to…"
This time there was no smile on the Judge's face.
"You'll sit down and keep quiet," he said, "or you'll be ejected from the courtroom and fined for contempt. Now, which will it be?"
Slowly, Nat Shuster sat down.
"And you'll remain seated and remain quiet," Judge Pennymaker ordered, then turned to the witness. "Answer the question," he said. "That is, unless there's an ob
jection by Counsel for the defendant. If there is such an objection, I will sustain it as the question calls for hearsay evidence too remote to be a part of the res gestae."
"No objection in the world," Mason remarked urbanely.
Shuster halfarose from the chair, then sat back with a pathetic air of dejection.
Frank Oafley said slowly, "My wife told me that on the night of the fire she was walking past the garage. She saw Samuel Laxter sitting in an automobile, with a hose running from the exhaust to the hot air pipe which furnished heat to my grandfather's room."
"Was the motor running?" Truslow asked.
"She said the motor was running."
"Were there any indications that the motor had been running for some time?"
"Yes, there were no lights on in the garage until she switched them on, yet the hour was long after dark."
"Did she," asked Truslow, "tell you to whom else she had told this story?"
"Yes, she did."
"To whom?"
"To Perry Mason, the attorney, and to Douglas Keene, the defendant."
"That's all," Truslow said. "You may crossexamine, Counselor."
Perry Mason remarked, almost conversationally, "I believe you'd been with her until just before she discovered Samuel Laxter in the automobile on the night of the fire?"
"That's right. She and I had been walking and… making plans for the future." The witness broke off abruptly, averted his eyes. A spasm of expression crossed his face. He seemed fighting to control himself, then he looked back to confront Perry Mason and said, in a voice which was harsh with emotion, "I was afraid my grandfather wouldn't approve of the match. Our meetings were surreptitious, but we had planned to be married just as soon as we could."
"Now, was she absolutely certain that the person seated in the automobile was Samuel Laxter?" Mason inquired.
"Yes, I think she was," Oafley said, "although she did say that she didn't see his face clearly. Sam Laxter wears a rather distinctive type of hat, and she saw that very plainly."
"Did he speak to her?"
"Yes, he spoke to her, and she thought the voice was that of Sam Laxter, although, when I asked her about it, she remembered that the voice had been rather muffled because the man had been slumped over the steering wheel, apparently in an intoxicated condition."
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