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Mason turned to the witness. "And are you lying now?"
"No."
"Would you lie if it suited your advantage?"
"Objected to as not proper cross-examination, and as argumentative," Leland said.
"Sustained," Judge Talent said.
"Did you have any physical altercation with Boring at the time you saw him?"
"I- It depends on what you mean by a physical altercation."
"Did Boring hit you?"
"No."
"Did he grab you by the coat or other garment?"
"He pushed me."
"Did he throw you out?"
"He tried to."
"But wasn't man enough to do it?"
"No."
"Because you resisted him?"
"Yes."
"And how did you resist him?"
"I poked him one."
"So," Mason said, smiling, "on the day of Boring's death, on this Tuesday evening, you went to see the decedent shortly before his death. You had lied to the defendant, you lied to Boring, you engaged in a struggle with him and you poked him. Is that right?"
"All right, that's right," Foster said.
"You had reason to believe Boring had a large sum of money on him and you demanded that he surrender a part or all of that money to you-that he divide it with you?"
"Objected to as not proper cross-examination," Leland said.
Judge Talent thought the matter over, then said, "I'm going to sustain that objection."
"Did you get some money from him?" Mason asked.
"Same objection."
"Same ruling."
"No further questions," Mason said.
"That's all," Leland said. "I'll call Steven Dillard as my next witness."
Moose Dillard lumbered to the stand, his huge frame seeming to sag inside of his coat. His eyes were downcast and he studiously avoided Perry Mason.
"What's your name?" Leland asked.
"Steven Dillard."
"What's your occupation?"
"I'm a detective."
"A private detective?"
"Yes, sir."
"Were you employed as such on last Tuesday?"
"Yes."
"Did you know the decedent, Harrison T. Boring?"
"I had seen him."
"When had you first seen him?"
"On Monday."
"Where?"
"Leaving Perry Mason's office."
"And what did you do with reference to following him?"
"I had put an electronic bug on his automobile."
"By that you mean an electronic device for the purpose of enabling you to follow the automobile?"
"Yes."
"Can you describe this device?"
"It is a battery-powered device which. was attached to his car and which sends out signals which are received by a companion device attached to the car I was driving. By using it I didn't need to get close to the car I was tailing."
"And you thereafter shadowed Mr. Boring?"
"Yes."
"You followed him to the Restawhile Motel in Riverside?"
"Yes."'
"And as a part of your shadowing operations secured a unit directly across from him?"
"That's right."
"What time did you check into that unit on last Tuesday?"
"At about six o'clock in the evening."
"Did you keep Unit to, in which Harrison Boring was registered, under surveillance?"
"I did."
"During that evening did you see the defendant?"
"I did."
"At what time?"
"I kept some notes. May I look at those notes?"
"Those notes were made by you?"
"Yes."
"They are in your handwriting?"
"Yes."
"And were made at the time?"
"Yes."
The district attorney nodded. "You may consult the notes for the purpose of refreshing your recollection."
Dillard said, "The defendant came to his cabin at about nine o'clock and left at nine-twelve."
"Are you certain of your time, Mr. Dillard?"
"Absolutely."
"Do you know that your watch was correct?"
"It is my custom to carry an accurate watch, and when I am on a job I make it my habit to check the watch with the radio."
"Did you notice anything about the defendant's ma
"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 Dia
"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 ca
"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 co
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."