“How do you know they have nothing to do with the murder?” Mason asked.

  “Well, I will put it this way,” Medford said. “They have nothing to do with our case. We can establish our case by an irrefutable chain of evidence without dragging in all of this extraneous stuff.”

  Mason said, “Your Honor, I understand the law and I know the Court does, but I submit to the Court that under the circumstances of this case and in view of the very apparent mystery which surrounds the case, I should be permitted to show all of the surrounding circumstances which I contend played an important part in connection with the murder of Harrington Faulkner. I know that the Court doesn’t want to hold this young woman over for trial if she is in fact innocent, regardless of the fact that it might be possible for the prosecution to establish a technical case. I also know that the Court is anxious, to see that the real murderer is apprehended in the event this young woman should actually be innocent. Therefore, I submit to your Honor that it is better at this time, in view of the peculiar circumstances of this case, to let all of the facts come into the record.”

  “We don’t have to put in all of the facts,” Medford said angrily. “We only have to show enough of our hand to convince the Court that there is a reasonable cause to believe this defendant is guilty.”

  “That’s just the trouble with the entire situation, your Honor,” Mason retorted. “It is the attitude of the prosecution that it’s playing some sort of a game; that it only needs to introduce a certain amount of evidence; that it can hold back the rest of its evidence as a miser hoards his gold, so that the defendant can be surprised when confronted with that evidence in the Superior Court. Now, that may be the way to secure a large number of convictions and to make a good showing for efficiency on the part of the district attorney’s office, but I submit, your Honor, that it is hardly the way to clear up a rather puzzling and baffling mystery.”

  “It isn’t a mystery to the police,” Medford snapped.

  “Certainly not. Because, as your Honor has just seen from the attitude of Sergeant Dorset, he collected the evidence which he thought would result in a conviction of this defendant. Any evidence which tended to point to the guilt of some other person was disregarded. The police didn’t think this other crime had any connection with the murder of Harrington Faulkner simply because it didn’t involve this defendant.”

  Judge Summerville said, “I know it’s somewhat irregular, but I’d like to hear from counsel just what the general surrounding facts of the case are.”

  “I protest that it’s irregular,” Medford said.

  “I’m only asking counsel to make a general statement of his position,” Judge Summerville ruled placidly. “I certainly have a right to know what is in counsel’s mind before I rule on an objection the prosecution has made.”

  Mason said, “Your Honor, Harrington Faulkner had a pair of rather valuable fish, fish which were vastly more valuable to him personally than they would be on the market, but fish which were, nevertheless, of a rare strain. Harrington Faulkner rented one side of a duplex dwelling from the corporation which owned it. The other side was where the corporation had its office. Faulkner had installed a fish tank in the office and placed these two very valuable fish in that tank. He and Elmer Carson, the other active member of the corporation, quite apparently became mortal enemies. The fish in the tank were suffering from a fish disease that is nearly always fatal. Tom Gridley, whose name has been brought into the case, had a cure for that disease. The decedent tried, by various and sundry means, to get control of the formula by which young Gridley was able to cure the fish. Sometime prior to the murder, Elmer Carson had filed suit and secured a temporary restraining order preventing Harrington Faulkner from moving the fish tank from the real-estate office on the ground that it had been so affixed to the building that it had become a fixture. Before the hearing on the temporary restraining order and order to show cause, I understand Harrington Faulkner removed the fish without disturbing the tank, and took those fish to the residence of James Staunton. Now then, your Honor, in view of the peculiar circumstances, and in view of the fact that the defendant in this case was concededly what is known colloquially as the girl friend of Tom Gridley, and active in the store where Tom Gridley worked, a store which Harrington Faulkner subsequently bought in order to get control of Gridley’s formula, I claim that all of these things are an integral part of the case.”

  Judge Summerville nodded his head. “So it would seem.”

  “Well, I submit that we are entitled to stay within our legal rights,” Medford said angrily. “We didn’t make the law, and I notice that learned counsel for the defense never hesitates to grab at any technicality which will advance his case. We have a law on the statute books. Let’s conform to it.”

  “Quite right,” Judge Summerville said. “I was about to make that statement when counsel interposed his comments.”

  “I beg the Court’s pardon,” Medford said stiffly.

  “I was about to say,” Judge Summerville ruled, “that under the law, the prosecution only needs to put on sufficient evidence to show that a crime has been committed and that there is reasonable ground to believe the defendant is the one who committed that crime. But, I want to go on record at this time as stating that under the circumstances of this case, and in view of the peculiar and rather mysterious incidents which seem to have surrounded it, after the prosecution has rested its case, the Court is going to permit the defendant to call witnesses and ask them any questions the defendant wants which may bring out the facts which counsel for the defense has just outlined to the Court.”

  Medford said, “The effect of that, if the Court please, is to accomplish the same result. All of the extraneous facts will be dragged into this case.”

  “If they have a bearing on the question before the Court, I want to hear all of the things which you refer to as ‘the extraneous facts.’ ”

  “But the point I am making is that the effect is just the same as though they were brought in at this time.”

  “Why object to them then?” Judge Summerville asked urbanely.

  Mason said, “I was only calling for a document which is in the possession of the police. I can, if I have to, subsequently put Sergeant Dorset on the stand as my witness and ask that the document be produced.”

  “But what earthly bearing does that document have on the murder of Harrington Faulkner?” Medford asked.

  Mason smiled. “Perhaps a few more questions to Sergeant Dorset will clear up that part of the case.”

  “Ask him the questions,” Medford said. “Ask him if the document has any bearing on the case. I defy you to ask him that question, Mr. Mason.”

  Mason said, “I prefer to ask my questions in my own way, Counselor.” He turned to the witness and said, “Sergeant, after you discovered the body of Harrington Faulkner, you proceeded to investigate the murder, did you not?”

  “I did.”

  “You investigated every angle of it?”

  “Naturally.”

  “And during the course of the evening you questioned the defendant and also me about an interview we had had with James Staunton, and about whether the fish which Mr. Staunton had in his possession were actually the two fish which had been delivered to him by Mr. Faulkner, and which had been taken from the tank which was in the real-estate office, didn’t you?”

  “I asked questions, yes.”

  “And insisted upon answers?”

  “I felt that I was entitled to answers.”

  “Because you thought that matter might throw some light upon who murdered Harrington Faulkner?”

  “I thought so at the time.”

  “What has caused you to change your opinion?”

  “I don’t know that I have changed it.”

  “Then you still think that the circumstances you investigated in connection with James Staunton had some bearing on the murder of Harrington Faulkner?”

  “No.”

  “Then you have changed your opinion.”

  “Well, I’ve changed my opinion because I know now who committed the murder.”

  “You know who you think committed the murder.”

  “I know who committed the murder, and if you’ll quit throwing legal monkey wrenches in the machinery, we’ll prove it.”

  “That will do,” Judge Summerville ruled. “Counsel is questioning the witness for the purpose, I take it, of showing bias.”

  “That is right, your Honor.”

  “Proceed with your questioning.”

  “You demanded that the defendant accompany you out to the residence of James L. Staunton?”

  “I did.”

  “At that time you had been advised by both Miss Madison and by me of all the facts which we had learned in connection with the possession of the fish by Staunton?”

  “I suppose so. You said they were all the facts you had.”

  “Exactly. And, at the time those facts seemed sufficiently significant so you went out to verify them?”

  “At the time, yes.”

  “What has caused you to change your mind?”

  “I haven’t changed my mind.”

  “You took from the possession of James L. Staunton a written statement signed by Harrington Faulkner?”

  “I did.”

  Mason said, “I want that statement introduced in evidence.”

  “I object,” Medford said. “It is not proper cross-examination. It’s no part of the case. It’s incompetent, irrelevant and immaterial.”

  “It’s not proper cross-examination,” Judge Summerville ruled calmly. “The objection will be sustained on that ground.”

  “That is all,” Mason said.

  Judge Summerville smiled. “And now, Mr. Mason, do you want Sergeant Dorset to remain in Court as a witness on the part of the defense?”

  “I do.”

  Judge Summerville said, “The witness will remain in Court, and if the witness has in his possession any paper which he received from James L. Staunton relating to the fish which had belonged to Harrington Faulkner in his lifetime, the witness will have the statement ready to produce when he is called as a witness by the defense.”

  “This is going all the way around our elbow to get to our thumb,” Medford said with some feeling.

  “Apparently you object to reaching the thumb by any shorter route,” Judge Summerville pointed out. “The Court doesn’t want to be unduly harsh in its ruling so far as the prosecution is concerned, but it has always been the attitude of this Court that if any defendant in a preliminary hearing has any evidence to introduce which will tend to clarify the issues or throw any light upon a crime which has been committed, this Court wants to hear it. And that is going to continue to be the attitude of the Court. Call your next witness.”

  Somewhat sullenly, and with poor grace, Medford called the photographer who had taken the photographs showing the position of the body and the surroundings. One by one, those photographs were introduced, and as they were introduced, they were carefully studied by Judge Summerville.

  It was eleven-thirty when Medford said to Mason, “You may cross-examine.”

  “These photographs were all taken by you on the premises and all show the condition of the premises as they were at the time you arrived on the scene, is that right?”

  “That’s right?”

  “Now you not only acted as photographer, but you also saw the things you photographed?”

  “Naturally.”

  “And, therefore, are a witness to the things you saw?”

  “Yes, sir, I so consider myself.”

  “These photographs, then, may be used to refresh your memory as to what you found at the scene of the crime.”

  “Yes, sir.”

  “I direct your attention to this photograph,” Mason said, handing the witness one of the photographs, “and ask you if you noticed a granitewear container in the bathtub. I believe this photograph shows it.”

  “I did, yes, sir. It was a two-quart container and was lying submerged in the bathtub.”

  “There were two goldfish in the bathtub?”

  “Yes, sir.”

  “On the floor were three magazines—I believe they are shown in this photograph?”

  “Yes, sir.”

  “Did you notice the dates on those magazines?”

  “I did not, no, sir.”

  Medford said, “As a matter of fact, your Honor, those magazines were carefully marked for identification and are in the possession of the prosecution, but I certainly hope that counsel is not seriously contending that those magazines have any bearing on the murder of Harrington Faulkner.”

  Mason said gravely, “I think, your Honor, those magazines will prove a very interesting and perhaps a vital link in the evidence.”

  “Well, we won’t waste time arguing about them. We’ll produce them,” Medford said.

  “Do you know which magazine was on top?” Mason asked.

  “I’m sure I don’t,” Medford said. “And I don’t know which goldfish was lying with his head facing south and which one was lying with his head facing south-southeast. As far as I am concerned, the police investigated the important angles of the case, and as a result of that investigation, reached a conclusion which is so logical it can’t be questioned. That’s all I know and that’s all I want to know.”

  “So it would seem,” Mason said dryly.

  Medford flushed.

  Judge Summerville said to Mason, “Do you contend that the position of the magazine is significant?”

  “Very,” Perry Mason said. “And I think if counsel will produce those magazines, we can examine the photographs with a magnifying glass and tell the relative position of those magazines. We can certainly tell which one was on top. This photograph which I hold in my hand shows that rather plainly.”

  “All right,” Medford said, “we’ll produce the magazines.”

  “Do you have them in court?”

  “No, your Honor, but I can produce them after lunch, if the Court wishes to take its noon recess at this time.”

  “Very well,” Judge Summerville ruled. “The Court will take a recess until two o’clock this afternoon.”

  Spectators, arising from the court benches, made the usual confused sounds of shuffling steps and low voiced comments. Sally Madison, without a word to Perry Mason, arose from her chair and stood waiting calmly for the officers to escort her from the courtroom.

  Chapter 17

  Mason, Della Street and Paul Drake sat at lunch in a little restaurant near the courthouse where they ate frequently when trials were in progress. The proprietor knew them and kept reserved for them a small private dining room.

  Paul Drake said, “You’re doing okay, Perry. You’ve got Judge Summerville interested.”

  “It’s a break for us that we drew Judge Summerville,” Mason admitted. “Some judges like to get preliminary hearings over with as quickly as possible. They adopt the position that there’s nothing very much to worry about because the defendant is going to have a trial before a jury anyway, so go ahead and bind ’em over and let it go at that. Judge Summerville has different ideas. He realizes that the function of the courts is to protect the rights of citizens at all stages of the proceedings, and believes that the function of the police is to investigate and perpetuate evidence while it’s fresh. I happen to know from talking with him off the bench, and in casual conversation, that he is fully aware of the habit the police have of investigating a case until they pick on some person as the guilty one, and then disregard any evidence that doesn’t coincide with their own opinions.”

  “Just what can you do?” Della Street asked. “Do you dare to put on all of this evidence, calling these witnesses as your own witnesses?”

  “I don’t dare to do anything else,” Mason said.

  “Well,” Drake observed, “as I get the sketch, Sally Madison is lying. Her written statement contains falsehoods. She’s lied to the police and she’s lied to you and she’s still lying to you.”

  Mason said, “Clients are all human—even the innocent ones.”

  “But that’s no reason why they should be permitted to double-cross their own lawyers,” Drake said with feeling. “Personally, I wouldn’t have nearly such a broadminded attitude toward her.”

  Mason said, “I’m trying to keep an open mind, Paul. I’m trying to visualize what must have happened.”

  “Well, she’s lying about one thing. She didn’t get that money from Genevieve Faulkner.”

  “I didn’t say that she said she did,” Mason observed, his eyes twinkling.

  “Well, you didn’t need to say so, for me to draw my own conclusions,” Drake observed dryly. “She got that money from that satchel, and there’s another twenty-three thousand dollars salted away somewhere.”

  Mason said, “While we’re looking at discrepancies, let’s look at some of the other discrepancies. I can’t imagine why Mrs. Jane Faulkner waited in her automobile for Sally Madison and me to show up unless she had been tipped off that we were coming. And no one could have tipped her off we were coming except Staunton. As a matter of fact, Paul, I’m well pleased with the way things are going. Medford played right into my hands. He’s fixed it now so that I can put Staunton or any of these other hostile witnesses on the stand as my witnesses, and ask them leading questions, and Judge Summerville will permit it. That’s going to give me a chance to examine Staunton about that phone call.”

  Drake said, “Well, even if you could prove that Jane Faulkner had been in the house before, discovered the body, and then had gone out and sat in her automobile and waited for you to come, so that she could go through all the motions of being surprised and hysterical, I still don’t see that you’re going to get anywhere.”