The Case of the Sulky Girl (18 page)

"Your name is Sergeant E.L. Mahoney, and you were, on the evening of October twenty-third of the present year, acting as desk sergeant at the Central Police Station in this city?" asked Claude Drumm.

"Yes, sir."

"You received a telephone call at about the hour of 11:14?" asked Drumm.

"Yes, sir."

"Just describe that call, Sergeant."

"Mr. Edward Norton called, sir, and…"

Perry Mason started to his feet, but Claude Drumm was the one who interrupted the witness.

"Just a moment, Sergeant," he said. "Let me caution you that you are under oath, and are to testify only to the things which you know of your own knowledge. You didn't know that that call came from Edward Norton. You only know that someone called."

"He said he was Edward Norton," blurted the sergeant.

There was a ripple of laughter, which ran through the courtroom, and was promptly silenced by a banging of the judge's gavel.

"Just tell what was said to you over the telephone," said Drumm, and glanced sidelong at Perry Mason, waiting for the attorney to object.

But Perry Mason remained placidly indifferent.

Judge Markham said: "Is it claimed that this is part of the res gestae, counselor?"

Drumm looked uncomfortable.

"There is no objection to it, in any event, Your Honor," said Perry Mason.

"Very well," said Judge Markham. "Proceed, Sergeant."

"This call came in, and I noticed the time of it," said Sergeant Mahoney. "It was fourteen minutes past eleven. The man said that he was Edward Norton, and that he wanted to report a stolen automobile, that a Buick sedan, belonging to him, No. 6754093, with a license number of I2MI834 had been stolen, and that he wanted the car picked up and the driver arrested, no matter who the driver might be. I believe that he stated that even if the driver should be related to him, he wanted him or her arrested."

"You may inquire, counselor," said Claude Drumm, with the smiling gesture of one who had landed a telling blow.

"Did that call come in all at once?" asked Perry Mason, casually.

"How do you mean, sir?"

"I am just testing your recollection," said Perry Mason.

"Of course it came in all at once," said the sergeant.

Perry Mason reached in his brief case and took out a newspaper.

"You made a statement to the newspaper reporters when this matter was more fresh in your mind, Sergeant?"

"Well, I believe I said something to them the next morning, yes."

"And didn't you state at that time that the call was interrupted?"

"Just a moment," said the Deputy District Attorney. "That is not the proper way to lay a foundation for an impeaching question."

"I am just refreshing the recollection of the witness, if the Court please," said Perry Mason.

Sergeant Mahoney made frantic gestures.

Judge Markham smiled and said: "I think from the demeanor of the witness that his recollection has been refreshed. Proceed, Sergeant."

"That's right," said Sergeant Mahoney, "I remember now. The call came in, and he was cut off right in the middle of the conversation – right at the first part of it, I think it was. He gave his name and address and wanted to know if he was talking with the police department, and said he had a crime to report. Then the line went dead. I looked up his telephone number in the book, to call him back, when the call came in again, and he went right along talking. He said he'd been cut off."

"That," said Perry Mason, with emphasis, "is all."

Claude Drumm looked puzzled.

"What's that got to do with it?" he asked sharply.

Judge Markham banged his gavel on the desk.

"Order!" he snapped. "Is there any redirect examination, counselor?"

"None," said Claude Drumm, but his eyes were thoughtful as he stared at Perry Mason.

"The next witness," said Judge Markham.

"Arthur Crinston," snapped Claude Drumm.

Arthur Crinston arose from a seat within the bar, walked to the clerk, was sworn, and took the witness stand.

"Your name is Arthur Crinston, and you are the surviving partner of the firm of Crinston & Norton, the said firm being composed of yourself and Edward Norton?"

"That is correct, sir."

"Edward Norton is dead?"

"He is, sir."

"Did you see the body of Edward Norton, Mr. Crinston?"

"Yes sir. On the twenty-third day of October of this year."

"At about what time?"

"I saw his body at approximately eleven thirty-five or eleven thirty-six."

"Where was his body?"

"Lying across his desk in the study, with the top of the head crushed in."

"What did you do then?"

"I notified the police."

"Did you see the defendant, Frances Celane, on that night?"

"I did."

"At about what time?"

"At approximately midnight or a little before."

"Did you tell her anything about the death of her uncle?"

"I did."

"Did you mention anything about the reported theft of a Buick automobile?"

"I did."

"Did she make any statement to you at that time as to the said Buick automobile?"

"That can be answered yes or no," said Judge Markham, in a cautioning tone of voice. "It is preliminary, merely."

"Yes, she did," said Arthur Crinston.

"At what time was this?"

"At about midnight."

"Who was present?"

"Miss Celane, Mr. Don Graves, and myself."

"There was no one else present?"

"No sir."

"What did she say?"

"She said that she had taken the Buick automobile at about ten forty-five o'clock and gone for a ride, returning at approximately fifteen minutes past twelve, midnight."

"What was Mr. Norton doing the last time you saw him alive, Mr. Crinston?"

"Standing in the window of his study calling down to me."

"What did he say?"

"He asked me if Don Graves could accompany me to the city; that is, to my residence."

"And what did you tell him?"

"I told him that I would have to ask Judge Purley, in whose car I was riding."

"Then what happened?"

"I stepped across to ask Judge Purley, and received an affirmative answer from him to my request. Then I returned to notify Mr. Norton. He was standing in his study – a few feet back from the window at that time. I called up to him that it was all right, and Mr. Graves, who had anticipated Judge Purley's consent, was then coming down the steps from the front doorway to join me."

"Then what happened?"

"Then I got in the front seat of the automobile with Judge Purley, Mr. Don Graves got in the rear seat, we started up the winding road shown on the map, until we came to a certain point, where we turned around and went back to the house. I take it that I cannot state any conversation that took place in the automobile?"

"That is the ruling of the court, Mr. Crinston."

"Very well. I returned in the automobile, re-entered the house, and found Mr. Norton's body as described, whereupon I notified the police."

"Cross-examine," snapped Claude Drumm unexpectedly, turning to Perry Mason.

Perry Mason surveyed Arthur Crinston with an expressionless face for a few seconds, then said abruptly: "You had been in conversation with Mr. Norton during the evening?"

"Yes. I had an appointment and was a few minutes late for that appointment. I arrived there at six minutes past eleven, I think."

"What," asked Perry Mason, "did you talk with Mr. Norton about?"

Arthur Crinston made a swift grimace and shook his head at Perry Mason. The gesture seemed to be one of warning.

Claude Drumm, who had jumped to his feet to object, caught that gesture of warning, and suddenly smiled. He sat down.

Arthur Crinston looked at Judge Markham.

"Answer the question," said Perry Mason.

Arthur Crinston blurted: "You don't want to have me answer that question."

Judge Markham banged with his gavel on the desk.

"Is there any objection, Mr. Drumm?" he asked.

The Deputy District Attorney shook his head smilingly. "None whatever," he said. "Let the witness answer the question."

"Answer the question," said Judge Markham.

Crinston fidgeted.

"Your Honor," he blurted, "it isn't to the advantage of the defendant, Frances Celane, that I should testify to what was said, and Perry Mason has reason to know that. I don't know what his idea is in asking any such question…"

The gavel of Judge Markham banged upon the desk.

"The witness," he said, in tones of icy frigidity, "will confine his comments to the answers of such questions as may be asked of him. The witness certainly should know that any such statement coming in court, particularly in a trial of this nature, is a contempt of court. The jury are admonished to disregard that statement, and are admonished to disregard any statements of the witnesses except those which are elicited as a part of the testimony. Mr. Crinston, you will answer that question or be held in contempt of court."

"We talked," said Crinston in a low voice, "about an attempt that had been made to blackmail Miss Celane."

A grin of triumph suffused Claude Drumm's face.

"An attempt at blackmail, made by the housekeeper. Mrs. Mayfield?" asked Perry Mason.

The grin faded from Claude Drumm's face. He jumped to his feet. "Your Honor," he said, "that is objected to as incompetent, irrelevant, and immaterial, leading and suggestive. Counsel well knows that Mrs. Mayfield is an important witness for the prosecution in this case, and this is an attempt to discredit her…"

"Leading questions are permitted upon cross-examination," said Judge Markham. "You did not object when Counsel asked the witness as to what the conversation consisted of, and since this is cross-examination, I am going to permit the question."

Claude Drumm slowly sat down.

Crinston squirmed uncomfortably in the chair.

"Mrs. Mayfield's name was not mentioned," he said at length, in a low voice.

"You're certain of that?" asked Perry Mason.

"Well," said Crinston, "it might have been mentioned as a possibility."

"Oh," said Perry Mason, "so it was mentioned as a possibility? Is that right?"

"It might have been," said Crinston.

Perry Mason abruptly shifted his attack.

"Edward Norton had secured rather a large sum of money during the day of October twenty-third in one thousand dollar bills, had he not, Mr. Crinston?"

"So I understand," said Crinston, surlily.

"You didn't secure that money for him?"

"No, sir."

"Did you go to any of the banks during that day in which the firm of Crinston & Norton had an account?"

Arthur Crinston scowled thoughtfully.

"Yes," he said, "I did."

"Which bank?"

"The Wheeler's Trust and Savings Bank."

"Whom did you talk with there?"

Suddenly Crinston's face changed color.

"I would prefer," he said, "not to answer that question." Claude Drumm jumped to his feet.

"The question is objected to," he said, "as incompetent, irrelevant and immaterial, and not proper cross-examination."

Perry Mason smiled, a slow, drawling smile.

"Your Honor," he drawled, "if I may present a brief argument?"

"Very well," said Judge Markham.

"This witness has testified on direct examination that he was a surviving partner of Crinston & Norton. I let that question go in, although it probably calls for a conclusion of the witness. But I have the right to cross-examine him as to his activities as a co-partner, and the reasons upon which that conclusion was founded."

"Not at a remote time," said Judge Markham.

"No, sir," said Perry Mason. "That is why I am confining the question to the date of October twenty-third – the day of the death."

Judge Markham stared at Perry Mason with eyes that were suddenly hard and wary.

Mason returned the gaze, his eyes wide with candor.

Claude Drumm was on his feet.

"The partnership affairs have nothing whatever to do with it," he said.

"But," said Judge Markham, "you, yourself, qualified him as a member of a partnership."

"But only for the purpose of showing the intimacy of his acquaintance, Your Honor."