The Case of the Singing Skirt

CHAPTER TWELVE

Perry Mason carefully timed his entrance to the courtroom so that it was only a few seconds before threethirty when he opened the swinging doors.

The bailiff, who had been watching the clock and frowning, pressed a button signaling Judge Keyser that everything was in readiness.

Two newspaper reporters hurried toward Mason. "Mr. Mason, Mr. Mason-"

The bailiff pounded a gavel. "Everybody rise," he said.

Mason walked past the reporters and stood facing the flag as Judge Keyser took his place on the bench.

Judge Keyser said, "The Court would like to get this matter finished this afternoon if it is at all possible. Now, Mr. Redfield is here and ready to take the stand?"

"Yes, Your Honor," Fraser said, looking toward the door of the witness room.

The door opened. Alexander Redfield came in, accompanied by Hamilton Burger, the district attorney.

Mason noted the significance of Burger's presence but kept his face completely without expression.

Judge Keyser, however, showed some surprise. "You're appearing in this case, Mr. District Attorney?" he asked.

"Yes, Your Honor, in person," Hamilton Burger said.

The judge started to say something, then changed his mind, turned to Redfield, said, "Mr. Redfield, you have now had an opportunity to study that other bullet and compare it with test bullets fired from the weapon which has been introduced as People's Exhibit B. In your opinion as an expert, was that bullet fired from that weapon?"

"It was not," Alexander Redfield said.

Judge Keyser could not refrain from an involuntary ejaculation of surprise. "What!" he asked.

Redfield shook his head. "It was not fired from that weapon. It was fired from a Smith and Wesson.38-caliber revolver, but it was not fired from the weapon introduced as Exhibit B."

"But the other bullet was? The so-called second bullet?"

"That's right. The bullet in evidence as Exhibit C-1 was not fired from that weapon. The bullet in evidence as C-2 was fired from that weapon. Bearing in mind that we have simply designated those bullets as number one and two, the words first and second were only a designation used by the doctor in his testimony. It didn't indicate that the bullets were fired in that numerical sequence. Unfortunately, the bullet referred to by Dr. Calvert as the first bullet was entered in evidence as C-2 while the bullet he referred to as the second bullet became C-i in evidence. In order to avoid further confusion, I wish to refer to each bullet specifically by its exhibit number."

Judge Keyser ran his hand along the top of his head, then looked down at Burger and over at Mason. "Does counsel on either side care to make any statement?"

Mason shook his head.

Hamilton Burger said, "We have no statement at this time, Your Honor."

"Now, just a moment," Judge Keyser said. "Let's be practical about this, Mr. District Attorney. The evidence so far shows unmistakably that a crime has been committed. There is evidence-or rather I should say there has been evidence-tending to show this defendant committed the crime. What might have been referred to as the fatal weapon was found in her possession. However, there now are certain unusual circumstances in this case.

"Because of a lapse of time and the start of putrefaction, it is impossible for the autopsy surgeon to tell which of two bullets was fired first. Either bullet could have caused death. It is impossible for the autopsy surgeon to give an estimate as to the interval of time between the firing of the first and second shot. It has been at least intimated by the defense that a part of the defense in this case will be predicated upon the assumption that one of the bullets was fired a sufficient length of time after the other bullet so that death at least could have taken place prior to the time this bullet was fired."

"I understand, Your Honor," Hamilton Burger said.

"I am assuming," Judge Keyser said, "that the position of the prosecution is that the point is immaterial as far as a preliminary hearing is concerned, that there is sufficient evidence tending to co

"I am forced to say that I consider this position to be well taken in the eyes of the law. However, from a practical standpoint the Court would have wished that the situation could have been cleared up. It is not a pleasant duty to bind a young woman over for trial, knowing that the interim must be spent in jail. Therefore, the Court would, for its own information, have liked to have had more light on the subject. However, if it is the position of the prosecution that technically the case calls for binding the defendant over, the Court feels that that position is probably well taken."

Mason arose and said somewhat deferentially, "I take it the Court is not precluding the defense from putting on evidence."

"Certainly not," Judge Keyser said, "but let's be realistic. With the circumstantial evidence which we have in this case, a weapon which at least could be the murder weapon, found in the possession of the defendant, you can hardly contend that the evidence doesn't at least co

"I'm not prepared to make that concession, Your Honor," Mason said.

Hamilton Burger arose with a ponderous dignity. "May I be heard?" he asked.

"Certainly, Mr. District Attorney," Judge Keyser said, "although it seems to me that Mr. Mason has the laboring oar here."

"We are not finished with our case," the district attorney said, "and we have no intention of relying upon the evidence and the assumption as indicated by the Court. We expect to go further with our proof."

"You do?" Judge Keyser asked.

Hamilton Burger nodded.

Judge Keyser settled back on the bench. "Very well," he said. "I will state that the Court will welcome such proof. I had been hoping such proof would be adduced. That was the reason I continued the matter so we could get an opinion from Mr. Redfield. Proceed with your proof."

"I believe Mr. Mason was cross-examining the witness," Hamilton Burger said.

"That is right," Judge Keyser said. "Do you have any further questions on cross-examination, Mr. Mason?"

"I have several questions," Mason said.

"In that case," Hamilton Burger said, "I will ask permission of the Court to withdraw Mr. Redfield temporarily so that I may put on another witness who will, I believe, co

"I have no objection," Mason said. "I would, in fact, prefer to defer my cross-examination of Mr. Redfield until this additional evidence is before the Court."

"Very well," Judge Keyser said. "So ordered. Go ahead, bring on your other witnesses, Mr. District Attorney."

Hamilton Burger said, "I call Darwin C. Gowrie to the stand."

An officer opened the door of the witness room, and Gowrie stepped into the room.

"Come forward and be sworn, Mr. Gowrie," Hamilton Burger said.

Gowrie held up his hand and was sworn.

"You are now and for some years past have been an attorney at law, practicing in the court of this state?"

"That is correct."

"I will ask you if you are acquainted with Perry Mason, the attorney for the defense?"

"I am."

"I will ask you if, on the ninth of this month, you had a conversation with Perry Mason over the telephone?"

"I did."

"At that time did Mr. Mason make some statements to you concerning certain unusual decisions in murder cases?"

"He did."

"What was the conversation?"