The Case of the Singing Skirt pm-63

by Erle Stanley Gardner

  "Nothing. I had never met the defendant aboard our yacht. I knew my wife was barking up the wrong tree, so I decided to let her go, feeling she might calm down after she found out her mistake.

  "She had also told me she was going to have a fingerprint expert dust the cabin of the yacht to find the defendant's fingerprints. Since I felt sure there were no fingerprints of the defendant there, I felt it would be best to let my wife follow up this lead, and in that way she might convince herself her suspicions were groundless."

  "Then what happened?"

  "She drove off."

  "And at that time she was headed for your yacht?"

  "Yes."

  "You never saw her alive after that?"

  "No."

  "Cross-examine," Burger said.

  "Later on, on Wednesday, you went to my office?" Mason asked.

  "Yes."

  "And told me about the altercation on the yacht?"

  "Yes."

  "And about this subsequent meeting with your wife?"

  "Yes."

  "That's all," Mason said. "I have no further questions."

  "Just a minute," Hamilton Burger said. "I have some questions on redirect."

  Hamilton Burger arose and faced the witness. "Did you have occasion to look for your yacht, the Cap's Eyes later on, on Wednesday?"

  "Yes."

  "At what time?"

  "Around noon."

  "Was it at its accustomed mooring at the club?"

  "No, sir, it had gone."

  "When did you next see it again?"

  "When the police brought it back."

  "When did you next see your wife again?"

  "In the morgue."

  "Now, I show you a gun which was found near the hand of your wife when her body was discovered on the yacht. I note that this gun is identical in appearance with the gun which has been introduced in evidence as People's Exhibit B, number 133347. Now, I don't like to keep referring to these weapons in the record by number, so I am simply going to refer to this as the Ellis gun because it was found in the cabin of your yacht and I believe you can identify that as to ownership."

  Ellis said, "I can, yes, sir. That gun was given to me by George Anclitas."

  "And what did you do with it? Did you carry it?"

  "No, sir, I did not. I kept it aboard the yacht for personal protection."

  "Your wife knew it was there?"

  "Yes."

  "Where was it customarily kept?"

  "In a drawer in the cabin."

  "Do you know if your wife had this gun on Tuesday? Was that the gun you referred to when you testified your wife pulled a gun?"

  "Yes, sir."

  Hamilton Burger said, "We ask that this gun be marked for identification as People's Exhibit E, Your Honor. We will not offer to introduce it in evidence at this time, because that offer should properly come after positive identification is made as to this being the gun that was found in the cabin of the yacht, the Cap's Eyes."

  "Very well," Judge Keyser said, "the gun will be marked for identification only."

  "I don't think I have any further questions at this time," Hamilton Burger said, "but I notice it is nearing the hour of adjournment. My next witness, George Anclitas, is here under subpoena. He is a businessman, proprietor of an establishment in Rowena, which has several businesses combined under one management, a motel, a trout pooi, a swimming pool, a night club and a parlor where legalized games are played. It is a great hardship for Mr. Anclitas to be here, and I ask permission of the Court to withdraw this witness and put Mr. Anclitas on the stand at this time.

  "The testimony of Mr. Anclitas will be brief, and in this way we can finish with him this afternoon so he won't have to return tomorrow."

  Judge Keyser looked inquiringly at Perry Mason. "Does the defense wish to object?" he asked.

  "No objection," Mason said. "It is quite all right as far as I am concerned."

  "Call George Anclitas."

  The deputy opened the door of the witness room. George Anclitas emerged.

  Helman Ellis, leaving the witness stand, walked in front of Ellen Robb, smiled reassuringly and returned to the witness room.

  George Anclitas, his head held high, stalked to the witness stand with the stiff-backed gait of a marching soldier, turned with almost military precision, held up his hand, took the oath and seated himself.

  "Your name is George Anclitas? You are one of the owners of The Big Barn in Rowena?" Hamilton Burger asked.

  "Yes, sir."

  "Do you know the defendant?"

  "Yes, sir."

  "Was she in your employ?"

  "Yes, sir."

  "For how long?"

  "Some four or five months."

  "And what were her duties?"

  "She sang songs, sold cigars and cigarettes when necessary and did various odd jobs."

  "When did the employment terminate?"

  "She left on the evening of the ninth."

  "Why did she leave?"

  "I fired her."

  "Why?"

  Judge Keyser said, "Of course, this is preliminary but unless it's connected up I don't see its relevancy, particularly in view of the fact that the answer might tend to be an appraisal of the character of the defendant through hostile eyes."

  "I think it's pertinent. I think it will be connected up, Your Honor," Hamilton Burger said.

  "No objection from the defense," Mason said. "Let him go right ahead."

  "Answer the question," Hamilton Burger said.

  "She was bringing too much notoriety to the place. She was having an affair with Helman Ellis, and Mrs. Ellis got on to it-"

  "Now, just a minute, just a minute," Judge Keyser said. "This witness is obviously testifying to hearsay now."

  "I think perhaps these are conclusions of the witness, based upon his own personal observations, however," Hamilton Burger said.

  "I think it's hearsay," Judge Keyser said. "Let me ask the witness a couple of questions. How do you know the defendant was having an affair with Helman Ellis?"

  "Because I caught them."

  "You caught them?"

  "Well, they were embracing."

  "How do you know that Mrs. Ellis knew about it?"

  "Because she made a scene with the defendant, Ellen Robb."

  "Were you there?"

  "I was there."

  Judge Keyser glanced down at Perry Mason, a puzzled frown creasing his forehead. "Very well," he said, "go ahead."

  "Now then, did you give Helman Ellis a gun?"

  "I did."

  "What kind of a gun?"

  "A Smith and Wesson,.38-caliber, two-and-a-half-inch barrel."

  "I will show you a gun marked for identification as People's Exhibit E and ask you if that is the gun."

  Anclitas looked at the gun, said, "That's the one."

  "How long ago did you give him this gun?"

  "About six weeks ago."

  "Cross-examine," Hamilton Burger said.

  Mason said, "Before embarking upon this cross-examination, Your Honor, I would like to ask whether test bullets from this gun marked Exhibit E were compared with the fatal bullet number one taken from the body of the decedent."

  Judge Keyser nodded his head. "That seems a logical question. Were they so compared, Mr. District Attorney?"

  "Certainly not," Hamilton Burger sn apped.

  "Why not?" Judge Keyser asked.

  "Why should they be? This gun, Exhibit E, was fired at the assailant. A bullet from this gun was found embedded in the woodwork of the cabin near the door. It had only been fired once."

  "Nevertheless," Judge Keyser said, "in view of the fact that it is now apparent that there is one bullet which can't be accounted for-at least we can't account for the gun which fired it-it would seem that there should be a ballistics test made of this weapon. I should think that would have been done as a matter of routine."

  "At the time," Hamilton Burger said, "we were under the impression both of th
e fatal bullets had been fired from the gun which was in the possession of the defendant, the gun Exhibit B."

  "I cane readily understand that," Judge Keyser said, "but it certainly seems to me there should be a comparison of the other bullet, the slightly damaged bullet, with test bullets fired from this gun."

  "Yes, Your Honor."

  "It is now becoming apparent that we can't close this case today. I would suggest that the ballistics expert make such an examination before court convenes tomorrow morning."

  "Yes, Your Honor," Hamilton Burger said.

  "Now go ahead with your cross-examination, Mr. Mason."

  Mason said, "There was an altercation with the defendant prior to her discharge?"

  "I don't know what you mean, an altercation," Anclitas said. "She attacked me."

  "In what way?"

  "Striking and clawing."

  "And you hit her?"

  "I defended myself."

  "You hit her?"

  "I tell you, I defended myself."

  "You hit her?"

  "What was I supposed to do, stand there and let my face get clawed? I tried to keep her off."

  "You hit her?"

  "All right, I hit her!" Anclitas shouted.

  "Thank you," Mason said. "I believe you hit her in the eye."

  "I don't know where I hit her. I popped her one."

  "You saw her with a black eye?"

  "I saw her with a black eye."

  "And you have been sued for seventy-five hundred dollars actual and punitive damages because of this assault you made on the defendant?"

  "I object, Your Honor," Hamilton Burger said. "That's not proper cross-examination. It's incompetent, irrelevant and immaterial."

  Judge Keyser, plainly interested, leaned forward to study George Anclitas. "The objection is overruled," he said. "It goes to show the bias of the witness."

  "Answer the question," Mason said.

  "All right, so I'm getting sued. Any lawyer can file a suit. She hasn't collected anything and she isn't going to."

  "You propose to see to it that she doesn't collect?"

  "That's exactly right. You just slapped a nuisance value suit on me, hoping I'd compromise. I've got news for you, Mr. Mason. You ain't going to get a dime."

  "And as a result you don't like me?" Mason asked.

  "Since you asked me the question and since I'm under oath," Anclitas said, "I don't like any part of you. I don't like the ground you walk on."

  "Now then," Mason said, "you took one look at this gun and said that was the gun you had given Helman Ellis."

  "That's right."

  "You didn't look at the number?"

  "I didn't need to. I know the gun."

  "What do you know about it?"

  "Look," Anclitas said, "my partner bought four guns, Mr. Mason. He bought them all at once. He bought them from the Rowena Hunting and Fishing Store. He brought them to the place of business and gave them to me."

  "Do you know the numbers?"

  "Why should I know the numbers?" Anclitas asked in disgust. "I should go around carrying gun numbers in my head!"

  "The guns were all alike?" Mason asked.

  "All alike. It was a special order."

  "Your partner went in and picked them up?"

  "I placed the order, and then after the manager of the store told me the guns were in, I sent Slim Marcus down to pick them up."

  "The guns were all identical in appearance?"

  "That's right."

  "Then how can you tell that this was the gun you gave Helman Ellis? How do you distinguish it from any of the other guns if you didn't look at the number?"

  "Because I know the gun."

  "How do you know it?" Mason asked. "What is distinctive about it? What differentiates it from any of the other guns?"

  "Well, for one thing, this particular gun has a little nick on the front sight."

  "Anything else?"

  "I don't think so."

  "Where are the other three guns?"

  "I have them."

  "Where?"

  "At my place of business, naturally. I don't carry three guns with me, one in each hip pocket and one in the side coat pocket," Anclitas said sarcastically.

  "If the Court please," Mason said, "I see it is approaching the hour of the afternoon adjournment. I would like to have the witness instructed to return to court tomorrow morning and bring those guns with him."

  Hamilton Burger, his face flushed with indignation, was on his feet.

  "Here we go again, Your Honor, a typical Perry Mason trick. It's a well-known fact that when Mason gets in a case he starts digging up guns out of anywhere and everywhere. He gets them in the case and juggles them all around and gets everybody confused. Those three guns that George Anclitas has have nothing more to do with this case than the stock of guns in the gun display counter in the Rowena Hunting and Fishing Store."

  "I'm inclined to agree with the district attorney," Judge Keyser said. "I fail to see where they have any bearing in this case."

  Mason said, "The witness has identified the gun that he gave Helman Ellis by stating that it had a slight nick in the front sight. There were no other marks of identification."

  "Well, that one mark of identification is all he needs under the circumstances," Hamilton Burger blazed.

  Mason abruptly pushed the gun into the district attorney's hands. "All right," he said, "if that's the way you feel about it, point out the nick in the front sight so the Court can see it."

  Hamilton Burger shouted, "Point it out yourself! I'm not taking orders from you!"

  "Then perhaps we'll let the witness point it out," Mason said. "I only suggested you do it because you were so positive that this mark of identification was sufficient. I will hand the gun to the witness and ask him to point out the identifying mark on the front sight."

  Mason turned to Anclitas. "Perhaps, Mr. Anclitas, you'll be good enough to leave the witness stand, step up here and point out the notch or nick on the front sight to the Court and to the district attorney."

  "He can point it out to the Court," Hamilton Burger said. "He doesn't need to point it out to the district attorney. The district attorney knows what gun this is. The district attorney does want to state to the Court, however, that the greatest care should be taken to see that these tags marking the guns as Exhibits are not switched. At the moment, defense counsel has two guns in this case, and if he's given the faintest opportunity-"

  "That will do," Judge Keyser interrupted coldly. "There is no occasion for such statements. The witness will step forward and point out the nick on the front sight of the gun to the Court."

  Anclitas came forward, said, "It isn't so much of a nick, really, just a place where the metal was scraped. We had an argument about whether a manicurist's nail file was hard enough to cut steel, and I drew the edge of the file along here. I-"

  Abruptly Anclitas stopped, looked at the gun, then turned the gun over, held it to the light and said, "Well, I guess it wore off. It wasn't a deep cut in the metal, just a place where we'd sort of cut through the bluing on the steel."

  Judge Keyser leaned forward. "But I don't see any place where the bluing has been cut through."

  "Neither do I," Anclitas admitted.

  "Yet," Perry Mason said, "this was the only mark of identification on which you said you relied in swearing under oath that this was the gun you had given Helman Ellis."

  "Well, it was found in his boat, wasn't it?"

  "The question is," Mason said, "how you can be sure."

  Anclitas turned the gun over and over in his hand. "Well," he said, "I'm certain, that's all. I just know this is the gun but… well, I don't seem to see the place where the nail file left a mark on the front sight."

  Mason, feeling his way cautiously, said, "Now, let me see if I understand you, Mr. Anclitas. You bought four guns at one time?"

  "That's right."

  "And one of those guns you gave to Helman Ellis?"

&nbs
p; "I've already said so half a dozen times."

  "And there was a dispute as to whether an ordinary manicurist's nail file was hard enough to leave a mark on a gun barrel?"

  "Yes, sir."

  "And was a bet made on that?"

  "Yes, sir."

  "With whom?"

  "With my partner, Slim Marcus."

  "How much was the bet?"

  "Fifty dollars."

  "Do you remember how the subject came up?"

  "Oh, Your Honor," Hamilton Burger said, "this is completely incompetent, irrelevant and immaterial. It's not proper cross-examination. Counsel is quite obviously simply trying to prolong proceedings past the hour of adjournment, hoping that during the evening he can think of some more questions to ask Mr. Anclitas.

  "I have already pointed out that it would be inconvenient for Mr. Anclitas to return to-"

  Judge Keyser interrupted. "We still have a few minutes, Mr. District Attorney. The question of the identification of this gun having been opened up, and the witness having stated that he identified it solely from the mark of a manicurist's nail file left in the front sight, I certainly think counsel is within his rights. The objection is overruled. Answer the question, Mr. Anclitas."

  "Well," Anclitas said, "we were talking about the different guns and I suggested they should be marked, that we had four guns and there was no way of telling one from the other unless we looked at the numbers. So I suggested we file little marks on the barrel of the guns; one mark on one gun, two on the next, three on the next and four on the other.

  "Slim Marcus, my partner, thought it was a good idea, but we couldn't find a file so I said we'd go over to the barbershop and borrow a nail file from the manicurist, and he said a nail file wasn't hard enough to cut the barrel of a gun. I got in an argument about it and bet him fifty dollars."

  "So what happened?" Mason asked.

  "So we took the gun, went over to the barbershop, borrowed the manicurist's file, made the mark on the front sight of the gun, and I collected fifty dollars."

  "Thereafter was your idea carried out, of marking each of the guns?"

  "No. Slim was mad over losing the bet and thought that I had framed the whole deal. He accused me of having experimented in advance of making the bet."

  "Now, you state that this gun which had the mark on the front sight was the one that you gave Helman Ellis?"

  "I certainly thought it was."