"I heard that was the case, yes."
"What's the object of this?" Burger asked. "Are you trying to get a lot of hearsay evidence into the record? We object to anything Hazel Fenwick may have said."
"It is," Mason pointed out, "part of the res gestae. I have a right to test this witness's recollection upon what happened immediately after he entered the house."
"But," Burger pointed out, "only for the purpose of testing his recollection, and not for the purpose of establishing what happened."
"That's all I'm asking him so far."
"Very well," Burger said. "With the understanding that your examination is limited for that purpose, I will make no objection."
Mason turned to Colemar.
"Now," he said, "if a man were wearing a mask, it would be because he wished to conceal the distinctive portions of his face, wouldn't it?"
"That question, Counselor," said Judge Winters, "is argumentative."
"I am not going to object," Burger said. "I am going to give Counsel a free hand."
"Thank you," Perry Mason said. "The questions are preliminary. I merely wanted to point out one or two things to the witness in order to prepare a preliminary foundation for some of the questions I intend to ask later."
"Go ahead, Counselor," Judge Winters said, "in view of the fact that the prosecution is making no objection."
"Did it impress you as improbable," Mason asked, "that a man, using a mask to cover the distinctive portions of his countenance, would exhibit an empty eye socket through that mask, thereby disclosing the most distinctive portion of his features, to wit, the fact that one eye was missing?"
"I'm sure I don't know, sir," Colemar said.
"I'm merely asking you," Mason said, "if that portion of Miss Fenwick's story did not impress you at the time as being unreasonable."
"I don't think so. No, sir."
"Now, obviously," Perry Mason went on, "the fatal shot was fired from a gun which was concealed under a blanket and a quilt, thereby muffling the sound, isn't that correct?"
"That was what I gathered from my inspection of the premises, sir."
"It is perfectly obvious," Mason said, "that a masked man could not have entered Mr. Basset's study carrying a blanket and a quilt folded over his arm, and got close enough to his victim to have fired a shot, without having alarmed Mr. Basset. Isn't that true?"
"I would suppose so."
"Yet, from the position in which Mr. Basset's body was found, it appeared that he had been sitting at his desk and had simply slumped forward when the shot was fired. He had made no struggle, had not pulled the gun which was in a shoulder holster. Isn't that correct?"
"Your Honor," Burger interrupted, "these questions are plainly argumentative and speculative. This witness is not an expert and…"
Perry Mason smiled urbanely.
"I think," he said, "that Counsel is entirely correct." A commotion took place in the back of the courtroom. Men swirled about into little, grunting eddies of human flotsam. Perry Mason raised his voice so that he held the attention of the Court.
"Your Honor will understand," he said, "that this witness has definitely placed both of the defendants in compromising positions. I feel, therefore, that I am entitled to examine him as to his motives, and…"
The disturbance in the back of the courtroom grew in volume, A man's voice said, "We're officers. Make way!"
Judge Winters pounded his gavel and looked at the back of the courtroom, his facial expression showing judicial irritation vying with human curiosity.
Burger jumped to his feet.
Perry Mason, already on his feet, gave Burger no chance to be heard. He raised his own voice and shouted. "Your Honor, I demand that I shall have the undivided attention of this witness and of the Court. If for any reason this is impossible, I demand that this witness be withdrawn from the stand until I have an opportunity to examine him without having the attention of both the witness and the Court distracted."
Burger said smoothly, "If the Court please. I was going to suggest that same thing. An unavoidable interruption is taking place. I was going to suggest the witness be withdrawn…"
Judge Winters banged with his gavel repeatedly.
"Order!" he shouted. "Or I'll clear the courtroom."
"I'm an officer," a man from the back of the courtroom said.
"I don't care who you are," Judge Winters shouted. "You'll be fined for contempt of court. Court is in session."
"May it please the Court," Burger insisted with courtesy, but with his voice showing a very definite firmness, "I am perfectly willing for this witness to be withdrawn. In fact, I shall ask that he be withdrawn. A most important witness is entering the courtroom. I desire to examine this witness, and when I have examined her, I think I will not need to call any more witnesses. Except, perhaps, as to Mrs. Basset's complicity in the crime. I think this witness will definitely clinch the case of the prosecution against Brunold."
"And I object to that statement as improper, as argumentative, and assign it as misconduct," Mason shouted.
Burger, his face coloring, exclaimed, "Just throwing up a smoke screen in order to divert attention from yourself. You'll have plenty to worry about in a moment…"
"Order!" Judge Winters interrupted. "I'll have order in this courtroom, and I'll have no more personalities between Counsel. Be quiet or I'll clear the courtroom!"
A measure of silence descended upon the court. Burger, his face flushed, said in a choking voice, "Your Honor, I forgot myself. I beg the Court's pardon…"
"Your apology is not accepted," Judge Winters said sternly. "This Court has cautioned you before about engaging in personalities with Counsel. Now, what is it you wish?"
Burger controlled himself with a visible effort. His voice was strained and tense.
"I wish to withdraw Mr. Colemar from the stand in order to place this other witness on the stand. I would, however, like to have a few moments' recess."
"If," Mason said, "Counsel wants to put this witness on the stand, he should be willing to do it without interrogating her first and in private."
"Your Honor," Burger protested, "this is a hostile witness. She has absented herself from the jurisdiction of the court. I will have to handle her as a hostile witness. But her information is of the greatest value."
"You are referring to Hazel Fenwick?" asked Judge Winters.
"Yes, your Honor."
Judge Winters nodded his head.
"You, Mr. Colemar, may leave the stand. Let Miss Fenwick come forward."
"Those men will have to make way, your Honor. The aisles are crowded," Burger pointed out.
"Clear the aisles."
"If we might have a few moments' recess," Burger pleaded.
Judge Winters hesitated a moment, then said, "The court will take a five minute recess."
Two officers came pushing their way down the aisle, a woman held between them, her face white.
Judge Winters, rising from behind the bench, stared curiously at her for a moment, then strode through the blackcurtained doorway into his chambers.
Every eye in the courtroom turned toward the slender, wellformed, darkhaired young woman.
She flashed one pleading, anguished glance at Perry Mason, then swiftly averted her eyes. The officers pushed her forward. Someone held open the gate in the mahogany rail, and she entered the space reserved for the lawyers.
Burger approached her with an ingratiating smile. Spectators in the courtroom craned their necks eagerly forward, trying to see what took place. Those who could not see tried to listen. There was none of that buzzing hum of excited conversation which usually characterizes the recesses taken during an important murder trial. There was only the slight rustling motion which came from bodies leaning forward and the sound of people breathing.
Burger looked about him appraisingly, then took Thelma Bevins by the arm, piloted her to a corner of the courtroom near the court reporter's desk, and started whispering to her.
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bsp; She shook her head doggedly. Burger glowered at her, shot forth a barrage of whispered comments, then apparently asked her some question, She half looked at Perry Mason, but caught herself before she had completely swung her head toward the attorney, looked back at Burger and clamped her lips shut.
Burger's hoarse threat was audible to those sitting in the front row of the courtroom chairs.
"By God," he said, "if you try that stunt, I'll put you on the witness stand under oath and make you talk. This is a preliminary examination. Whatever you have to say in connection with it will be material. I'll prosecute you for perjury if you lie, and the Judge will jail you for contempt of court if you don't talk."
Her lips remained closed.
Burger's face took a darker shade. He glared across the courtroom at Perry Mason, who, urbanely nonchalant, was lighting a cigarette.
Burger took a watch from his pocket and said, in that same hoarse voice, "I'm giving you one more chance. You have just sixty seconds to talk, and talk straight."
He stood staring at his watch. Thelma Bevins, standing very straight, stared past him, her eyes fixed disdainfully upon distance, her face very white, her lips clamped together.
An enterprising newspaper reporter, taking advantage of the fact that court was not in session, focused his camera, raised a flashlight bulb, and shot a picture—a picture which showed Thelma Bevins, grim and defiant, Burger holding his watch, belligerent and impatient, while, in the background, Perry Mason, watching them with an expression of sardonic humor on his face, was puffing a cigarette.
Burger whirled on the reporter and shouted, "You can't do that!"
"Court ain't in session," the reporter said, turning and pushing his way through the crowd with his prized picture.
Burger snapped his watch in his pocket.
"Very well," he told Thelma Bevins, "you've made your bed. Now you can lie in it."
She gave no sign that she had heard him, but stood staring, as rigid as though she had been carved from marble.
Judge Winters reentered the courtroom from his chambers, ascended to his seat on the raised dais, and said, "Court will reconvene. Are you gentlemen ready to resume the trial?"
Perry Mason drawled, "Quite ready, your Honor."
Burger's face showed rage. He said, "Hazel Fenwick, take the stand."
The woman did not move.
"You heard me!" Burger shouted. "You're to take the stand. Hold up your right hand and be sworn, and then sit on that chair."
"My name is not Hazel Fenwick."
"What is your name?"
"Thelma Bevins."
"All right, then, Thelma Bevins. Hold up your right hand to be sworn, and then take the witness stand."
She hesitated for a moment, then held up her right hand. The clerk administered the oath. She stepped to the witness chair and sat down.
"What's your name?" Burger said, in a loud tone of voice.
"Thelma Bevins."
"Did you ever go under the name of Hazel Fenwick?"
She hesitated.
Perry Mason's voice was suave and somewhat patronizing.
"Now, Miss Bevins," he said, "if you don't want to answer that question, you don't have to."
Burger whirled to him and said, "Are you now appearing as this young woman's attorney?"
"Since you ask it, yes."
"That," Burger said, "puts you in a very questionable position, particularly in view of the question which has arisen as to your connection with her absenting herself from the state."
Mason bowed and said, "Thank you, Counselor. I'm quite capable of estimating the consequences of my own acts. I repeat, Miss Bevins, you don't need to answer that question."
"But she does need to answer it," Burger said, facing back toward the witness and pointing his finger at her. "You have to answer that question. It's a pertinent question, and I demand an answer."
Judge Winters nodded and said, "It happens, Counselor Mason, that it rests with the Court to say what questions shall be answered and what shall not be answered. This is a pertinent question, and I order the young woman to answer it. In the event she does not, I will be forced to hold her in contempt of court."
Perry Mason smiled reassuringly at Thelma Bevins.
"You don't need to answer it." he said.
Judge Winters gave an exclamation. Burger whirled to face Perry Mason, with his exasperation showing on his countenance.
Perry Mason went on in the same tone of voice, as though he had merely paused in the middle of a sentence, "… if you feel that answering the question would tend to incriminate you. All you need to do, Miss Bevins, is to say, 'I refuse to answer upon the ground of my constitutional privilege that the answer might incriminate me. When you have once said that, no power on earth can make you answer the question."
Thelma Bevins flashed him a smile and said, "I refuse to answer the question upon the ground of my constitutional privilege that the answer might incriminate me."
A deadlocked silence fell upon the group clustered about the witness chair. At length, Burger sighed. The sigh was an eloquent acknowledgment of defeat.
He turned once more toward Thelma Bevins.
"You," he said, "were in the Basset residence at the time when Hartley Basset was murdered, weren't you?"
She glanced at Perry Mason.
"Refuse to answer the question," Mason said.
"How can an answer to such a question incriminate her?" Burger asked of Judge Winters.
Mason shrugged his shoulders and said, "I think, if I understand my law correctly, that is for the witness to decide for herself. It may be that an explanation might be more incriminating than an answer."
Thelma Bevins, taking her cue from Perry Mason's remarks, smiled. "At any rate, I refuse to answer the question, which should settle the point."
Judge Winters cleared his throat, but said nothing. Burger frowned, then plunged savagely into another line of attack.
"You know Perry Mason?" he asked.
Judge Winters, leaning forward, said with judicial solemnity, "There certainly is nothing in an answer to that question, either one way or the other, which could be incriminating. The Court, therefore, directs you to directs you to answer the question."
"Yes," she said.
"Did you go to Nevada at the suggestion of Perry Mason?"
She glanced in a bewildered manner toward Perry Mason.
Mason said, "I am also going to instruct the witness not to answer that question upon the ground of her constitutional rights, but, for the benefit of Court and Counsel, I will state that I am the one who suggested this young lady go to Reno, and that I paid her fare to Reno."
Had the district attorney been struck across the face with a wet towel, he could not have shown greater surprise.
"You what?" he asked.
"Paid this young lady's fare to Reno, and suggested that she go there," Perry Mason said. "Also, I paid her expenses while she was there."
"And you're appearing as attorney for this young woman?" Burger asked.
"Yes."
"And you refuse to allow her to answer any questions?"
"I refuse to allow her to answer the questions which you have so far asked, and I do not think I will allow her to answer any questions you may ask."
Burger faced the witness again.
"How long have you known Richard Basset?" he asked.
"Refuse to answer that question," Mason said, "upon the ground that the answer may incriminate you."
Judge Winters leaned forward to stare down at Perry Mason.
"Counselor," he said, "the Court is beginning to believe that you are instructing this witness not to answer questions upon the ground that the answers may incriminate her, not because you feel the answers actually may incriminate her, but because you feel that the answers may incriminate you. The Court is going to give you an opportunity to be heard upon that subject and, if it appears that such is the case, the Court is going to take drastic steps."
"I am to be given an opportunity to be heard?" Perry Mason asked.
"Yes. Certainly," Judge Winters remarked with dignity.
"Very well," Perry Mason said; "under those circumstances, it becomes necessary for me to make a statement which I hoped I would not have to make.
"On the night Hartley Basset was murdered, a young woman was waiting in one of the outer offices. While she was waiting there, and at a time which was apparently immediately after the murder had been committed, a man appeared in the room. His face was covered with a mask made from carbon paper. Two eye holes had been torn in this mask. Through one of these eye holes was visible an empty eye socket."
Judge Winters said sharply, "Counselor, has this anything to do with this young woman, or her reason for not answering questions?"
Perry Mason said frankly, "Your Honor, that is not the question. The question is why I am advising this young woman not to answer questions. I am about to answer that point, and I can assure your Honor that when I have finished, I feel certain your Honor will see that everything I am now saying is pertinent, although some of it may perhaps be argumentative."
"Very well," Judge Winters remarked; "go ahead."
"The young woman screamed. The man struck at her. She tore at the mask and ripped it off. She was able to see his features. Because of a peculiar lighting arrangement, the man couldn't see her features. He struck at her again, knocked her unconscious, and probably thought he had killed her. Then he fled. Now, your Honor, that young woman is the only living person, so far as we know, who has seen the face of the man who left that room immediately after the murder had been committed."
"Well," Judge Winters said, "your own argument convinces me, Counselor, that it is a most serious offense to try and suppress that evidence, and a doubly serious offense to spirit such a witness from the jurisdiction of the court."
"I am not discussing that point at the present time," Mason said. "I am merely explaining why I have instructed this young woman not to answer questions upon the ground that they will incriminate her."
"This," Judge Winters said, "is a most amazing situation, Counselor."
"I do not claim that it isn't," Mason remarked. "I am merely seeking to make the explanation that you said you would give me an opportunity to make."
The Case of the Counterfeit Eye пм-7 Page 18
