“Did you notice anything about the defendant’s manner that would indicate emotional agitation when she left?”

  “She was in a tremendous hurry. She almost ran out of the unit and around to the side of her automobile and jumped in the car.”

  “You recognized the defendant?”

  “Yes.”

  “You took down the license number of the automobile she was driving?”

  “Yes.”

  “What was it?”

  “It was TNM 148.”

  “Did you subsequently check the registration slip on that automobile?”

  “I did.”

  “And what name appears on that registration slip fastened to the steering post of the automobile?”

  “The name of Dianne Alder.”

  “And after she left, who else went into the Boring cabin?”

  “No one, until the manager of the motel looked in just long enough to open the door, step inside, then hurry out.”

  “And after that, who else came?”

  “Two police officers.”

  “And after that, who else went in?”

  “Two stretcher bearers.”

  “This was while the police were there?”

  “Yes.”

  “Then, from the time the defendant left that cabin, no one else entered the cabin until the officers came. Is that right?”

  “That’s right.”

  “Cross-examine,” Leland snapped to Perry Mason.

  “I may have misunderstood your testimony,” Mason said. “I thought you said that from the time the defendant left the cabin no one entered it until the officers entered.”

  “That’s right.”

  “How about the manager of the motel? Didn’t she enter?”

  “Well, she just looked in and out.”

  “What do you mean by looked in?”

  “Opened the door and looked in.”

  “Did she enter the unit?”

  “It depends on what you mean by enter. She stood there in the doorway.”

  “Did she step inside?”

  “Yes.”

  “Did she close the door behind her?”

  “I… I don’t think so.”

  “You have your notebook there in which you kept track of the times?”

  “Yes.”

  “May I see that notebook?” Mason asked.

  The witness handed it over.

  Mason said, “You show that a man who was driving a sports car entered the unit.”

  “That was earlier.”

  “Then another man entered the unit, a man who, according to your notes, wore dark glasses.”

  “Your Honor,” Leland said, “if the Court please, I object to this line of interrogation. The purpose of my examination was to show only that the defendant entered the building and was the last person to see the decedent alive; that she was in there a full twelve minutes and that when she departed she was greatly agitated.

  “Now then, the witness has refreshed his memory from notes made at the time. Mr. Mason is entitled to examine him on those notes only for the purpose of showing the authenticity of the notes. He cannot go beyond the scope of legitimate cross-examination and ask questions about matters which were not covered in my direct examination.”

  “I think under the circumstances that places an undue restriction upon the cross-examination,” Judge Talent said.

  Leland remained standing. “If the Court please, I don’t want to argue with Your Honor, but this is a very vital matter. It is possible to confuse the issues if the door is opened on cross-examination to a lot of collateral matters. This is only a preliminary hearing. I only need to show that a crime was committed and that there is reasonable ground to connect the defendant with the commission of that crime. That is the only purpose of this hearing and that’s all I need to show.”

  Judge Talent turned to Mason. “Would you like to be heard on this, Counselor?”

  “I would,” Mason said. “It is my contention that the testimony of this witness is valueless without his notes. I propose to show that his notes are inaccurate and then I am going to move to strike out his entire evidence.”

  “You aren’t trying at this time, by cross-examining him about other persons who entered the unit, to do anything other than question the validity of his notes?”

  “That is the primary purpose of my examination.”

  “Objection overruled,” Judge Talent said. “You may certainly examine him on his notes.”

  “Answer the question,” Mason said.

  “My notes show that a man entered at eight and was out at eight-fifteen; that another man entered at eight-twenty and was out at eight-thirty-five; that a woman entered at eight thirty-six and was out at eight-forty-five; that a man in dark glasses entered at eight-forty-six and was out at eight-fifty; that the defendant entered at nine and was out at nine-twelve.”

  “When was the last time you saw the decedent?” Mason asked.

  “When he entered Unit 10.”

  “You didn’t see him personally come to the door to admit any of these people whom you have mentioned in your notes?”

  “No.… Now, wait a minute. I did see the decedent go out to the parking lot where my car was parked and look at the registration. That was shortly after we had checked in at the motel, sometime before he had any visitors.”

  “I’m not asking about that at this time,” Mason said. “I notice that your notes show nothing after nine twelve.”

  “That’s when the defendant went out.”

  “And your notes show nothing else?”

  “That was when I quit taking notes.”

  “Why did you quit taking notes? Did you know the man was dead?” Mason asked.

  “Oh, Your Honor, I object to that,” Leland said. “That question is absurd.”

  “There must have been some reason the man stopped taking notes,” Judge Talent said, “I think counsel is entitled to cross-examine him about his notes. The objection is overruled.”

  “Well, I quit taking notes when the defendant left because…”

  “Because what?” Mason asked.

  “Because you and my boss were there personally and you could see for yourself what went on.”

  “Oh, I see,” Mason said. “Then you quit taking notes when I came to the cabin. Is that right?”

  “Yes.”

  “And you want us to understand that your notes are accurate up to that time?”

  “Yes.”

  “But,” Mason said, “Your notes don’t show the arrival of the police officers. Your notes don’t show the arrival of the ambulance.”

  “Well, I told you about them.”

  “But you didn’t know we were going to come.”

  “I expected you.”

  “So you quit taking notes when you expected we would come.”

  “Well, I didn’t think it was necessary to take notes on those. That wasn’t why I was shadowing the man.”

  “And,” Mason said, “your notes don’t show the time the manager of the motel entered that unit, how long she was in there, or when she came out.”

  “Well, she just looked in and out and I didn’t think that was important.”

  “Oh,” Mason said, “you want us then to understand that your notes only show the matters that you considered important. In other words, if anyone entered the unit and you didn’t think that person was important, it doesn’t show in your notes.”

  “Well, I— All right,” Dillard blurted, “I overlooked a bet there. I didn’t put down the time the manager came in.”

  “Or the time she went out?”

  “She came in and went out all at the same time.”

  “Came and went in the same instant?” Mason asked, feigning incredulity.

  “Well, you know what I mean. She went in and—she was only in there a second and then she came running out.”

  “There was a telephone in the unit which you occupied?”

  “Yes.”

  “And you mentioned that you had a boss there in Riverside?”

  “A man who was above me in the organization for which I am working, yes.”

  “You are referring to Sidney Nye?”

  “Yes.”

  “And you called Sidney Nye?”

  “Yes.”

  “When?”

  “Right after the manager of the motel came running out. I figured there was something wrong.”

  “Let’s see if I can understand the floor plan of the room which you occupied. There was a bed in that room?”

  “Yes.”

  “A chair?”

  “Yes.”

  “There was a window looking out on the parking place, and by sitting at that window you could look across and see the entrance to Unit 10?”

  “Yes.”

  “And there was a telephone?”

  “Yes.”

  “Where was the telephone?”

  “By the bed.”

  “Now, after you saw the manager come running out, you went to the telephone and called a report in to Sid Nye, didn’t you?”

  “Well, I didn’t report but I gave him the signal something was wrong.”

  “And what did you say?”

  “I got him on the phone and said, ‘Hey Rube.’

  “You had previously worked in a circus?”

  “Yes.”

  “And ‘Hey Rube’ is a rallying cry for the circus people to unite in a fight against the outsiders?”

  “Something to that effect, yes.”

  “Did you have any trouble in getting Sid Nye?”

  “No, he answered the phone as soon as it rang.”

  “I asked you,” Mason said, “if you had any trouble in getting Sid Nye.”

  “Well, yes. The manager, of course, was busy notifying the police and—”

  “You don’t know what the manager was doing,” Mason said. “You couldn’t see her, could you?”

  “No.”

  “Then you don’t know what she was doing.”

  “Well, I surmised what she was doing because I had to sit at the phone for such a long time before anyone answered.”

  “You knew that the calls went through a switchboard there in the office?”

  “Yes.”

  “And she had to connect you with an outside line?”

  “I had to give her the number and she would call it.”

  “Now, while you were at the phone, you had your back to the window, didn’t you?”

  “I couldn’t be in two places at the same time.”

  “Exactly,” Mason said. “You had previously called Sid Nye, earlier in the evening, hadn’t you?”

  “No, I— Yes, wait a minute, I did. I told him I had been made.”

  “What did you mean by that?”

  “I meant that the subject had become suspicious and had gone out and had looked at the registration certificate on my car.”

  “That was the last time you saw him?”

  “Yes.”

  “And while he was doing that you telephoned Sid Nye?”

  “No, I waited until after he’d turned his back and gone into the motel unit that he occupied.”

  “That was Unit Number 10?”

  “Yes.”

  “And then you telephoned Sid Nye and told him you had been made?”

  “Yes.”

  “Any other conversation?”

  “That was about it.”

  “Didn’t you tell him you were hungry?”

  “Well, that’s right. I asked him if I should go out to dinner.”

  “And what did he say?”

  “No. He told me to sit tight. He—I think he was in your room at the time and was talking with you and relaying your instructions.”

  “And during that time you were at the telephone?”

  “Of course I was at the phone.”

  “And had your back turned toward the window?”

  “Yes.”

  “So,” Mason said, “as far as your notes are concerned they are inaccurate and incomplete in that they don’t show anything that happened after the defendant left the unit.”

  “There wasn’t anything else that happened, except that the police came.”

  “And the manager of the motel?”

  “And the manager of the motel.”

  “And, during the time you had your back turned while you were telephoning or trying to get a connection through the switchboard, any number of people could have come and gone.”

  “Well—Like I told you, Mr. Mason, I couldn’t be in two places at the same time.”

  “So,” Mason said, “as far as you know, Boring wasn’t in Unit 10 at all during the time the defendant was there.”

  “How do you mean?”

  “The decedent could have left that unit while you were telephoning Nye to tell him that you had been made, as you expressed it, and the decedent could have again entered the unit after the manager had entered the unit and then left in a hurry, and while you were telephoning Sid Nye to say Hey. Rube.”

  “All right,” Dillard said, “I kept the place under surveillance but I can’t be everyplace at once. Naturally when I was at the telephone I couldn’t be there at the window, and when I went to the bathroom I wasn’t there.”

  “Oh,” Mason said, “then you weren’t at the window all of the time.”

  “No. I did a reasonable job of surveillance and that’s all you can expect.”

  “So your notes are inaccurate in that they don’t show every person who came to the unit and they don’t show every person who left.”

  “Those notes are accurate.”

  “They show the persons that you saw entering and the persons you saw leaving,” Mason said, “but you don’t know how many other people could have gone in or gone out that you didn’t see.”

  “I’d have seen them, all night.”

  “But you were in the bathroom on at least one occasion?”

  “Yes.”

  “Perhaps two?”

  “Perhaps.”

  “And you didn’t put down the time the manager of the motel was in there?”

  “No.”

  “Or the time she left?”

  “No.”

  “That’s all,” Mason said.

  “If the Court please,” Leland said, “I intended to let that conclude my case but under the circumstances and in view of the highly technical point raised by counsel I will call the manager of the motel.

  “Mrs. Carmen Brady, will you come forward and be sworn, please?”

  Mrs. Brady was sworn, identified herself as the manager of the motel.

  “On Tuesday night did you have occasion to go to Unit 10?”

  “I did.”

  “What time was this?”

  “I made a note of the time. It was exactly nine-twelve.”

  “And what happened?”

  “The telephone rang and a woman’s voice said that I had better check on the man in Unit 10, that he seemed to be ill. I hung up the telephone, went to the unit and looked in and Mr. Boring was lying there on the floor. He was breathing laboriously and heavily and I dashed back and called the police.”

  “Cross-examine,” Leland snapped at Perry Mason.

  “What time did this call come in?” Mason asked.

  “At twelve minutes past nine.”

  “You went to the unit?”

  “Yes.”

  “How long were you in there?”

  “No time at all. I opened the door and saw this man lying on the floor and turned and dashed out and notified the police.”

  “At once?”

  “At once.”

  “Did you close the door behind you when you entered the motel unit?”

  “I … I can’t remember, Mr. Mason. I think I started to close the door and then saw the man on the floor and was startled and ran toward him and bent over him and saw he was still alive and then I dashed out of the unit and called the police.”

  “How do you fix the time of the call as being nine-twelve?”

  “I made a note of it.”

  “At the suggestion of the police?”

  “Yes.”

  “Then you marked down the time, not at the time the phone call was received but at some time afterwards?”

  “Within a few minutes afterwards.”

  “How long afterwards?”

  “Well, I called the police and told them the man was injured, and they wanted to know how I knew and I told them about having received a tip over the telephone, and the police officer suggested that I make a note of the time.”

  “So you made a note of the time.”

  “Yes.”

  “And what time was that?”

  “It was just a little after nine-thirteen.”

  “Then you made a note of nine-twelve, a little after nine-thirteen?”

  “Well, I thought the call had been received a minute earlier.”

  Mason said, “You received this call. You hung up the telephone and went at once to Unit 10?”

  “Yes.”

  “And then went back to the motel and then picked up the telephone and called the police.”

  “Yes.”

  “How far is it from the office to the motel unit?”

  “Not over seventy-five feet.”

  “Did the police tell you it was then nine-thirteen?”

  “Not at the time, no.”

  “How did you fix the time?”

  “By the electric clock in the office.”

  “And did that clock show the time as nine-thirteen?”

  The witness hesitated.

  “Did it?” Mason asked. “Yes or no?”

  “No. The clock showed the time as nine-seventeen.”

  “Yet you now swear it was actually nine-thirteen?”

  “Yes.”

  “On what basis?”

  “The police records show I called at nine-thirteen. Their time is accurate to the second. Later on when I checked my clock I found it was fast.”

  “When did you check it?”

  “The next day.”

  “You did that after you found there was a discrepancy between your time and that on the police records?”

  “Yes.”

  “I think that’s all,” Mason said. “I have no further questions.”

  “I’ll call Dr. Powers to the stand,” Leland said.

  Dr. Powers took the stand.

  “Did you have occasion to perform an autopsy on a body on Wednesday morning?”

  “I did.”

  “Had you previously seen that individual?”