The Case of the Singing Skirt pm-63

by Erle Stanley Gardner

"What's that?" Mason asked.

  "My man pretended that the incident didn't have any particular importance and managed to get possession of that crumpled piece of paper. We've checked the license number. It's the number of Helman Ellis' automobile."

  "That little tramp!" Della Street said bitterly. "Double-crossing us like that!"

  Mason said, "She swore up and down there was nothing between her and Ellis, that she hadn't seen him since before that final blowup at The Big Barn Tuesday night."

  "I take it," Drake said dryly, "that leaves you behind the eight ball."

  "Just as far behind the eight ball as you can get," Mason said. "Now I know my client was lying and that puts me in the position of being an accomplice."

  "Perry," Drake asked, "did you actually substitute guns?"

  Mason said, "I don't need any rehearsal, Paul."

  "What do you mean?"

  "Hamilton Burger is going to pour the questions at me and I'll be busy answering them then. If you want to know what happened, listen to me on the witness stand."

  "If you did," Drake said, "the murder must have been committed during the period between-"

  Mason suddenly snapped his fingers. "Wait a minute, Paul. What's the time element in this thing?"

  "What do you mean?" Drake asked.

  Mason said, "Our office work sheets show the time that Ellen Robb left the office. Now then, I'll tell you this much, Paul. If a bullet was fired into the body of Nadine Ellis from the gun which Ellen Robb had with her when she was arrested, it had to be fired during the interval of time between the hour she left the office here, Wednesday morning, and the time she showed up at the Surf and Sea Motel. So let's check the time element there."

  "What good will that do?" Drake asked. "You know she had the opportunity because she did it. There must have been sufficient time for the murder to have been committed because she did go to the yacht and she did fire the bullet from that gun-if the district attorney's theory is right and you switched guns on her-and I take it that the theory is right."

  "Take any theory you want to," Mason said. "I'm not making any admissions-not yet."

  "Well, I can give you the time she checked in at the motel," Drake said. "It was at eleven-fifty, Tuesday night."

  Mason nodded to Della Street. "Let's get our work sheets, Della. Let's see what time she left the office."

  Della Street opened the date book to the date, ran down the page of the date book and said, "She arrived here at nine-twenty on the morning of Wednesday the tenth and left at nine-forty-five."

  Mason said, "Mrs. Ellis was alive Wednesday morning. Her husband saw her early that morning."

  "She couldn't have committed the crime after seven on Wednesday evening," Drake said, "because we had a bodyguard on the job. She was virtually under surveillance. Moreover, she went to the motel in a taxicab Tuesday night. Wednesday morning she went out before the manager saw her. Presumably she went to the bus station, took a bus and then a cab to your office. She left your office, took a bus back to Costa Mesa and then a taxi to the motel.

  "We've traced her on the journey back to Costa Mesa and there's no question of the time schedule there. The manager is certain she didn't leave the motel again Wednesday afternoon, and then our bodyguards were on the job.

  "So she must have killed Mrs. Ellis on the yacht between 6:oo A.M. Wednesday when the evidence shows Mrs. Ellis left for the yacht, and the time she would have had to have taken a bus to get to your office Wednesday morning."

  "Provided she took a bus," Mason said. "She could have used taxicabs, and stopped by the yacht club long enough to have committed the murder and then gone to my office."

  Drake said, "Ten to one, Perry, that's exactly what she did, and Hamilton Burger is going to come up with the cabdrivers who will identify her."

  Mason was thoughtful. "You had men watching the unit of the motel. You were guarding against people who might have tried to hurt her, but she wasn't under surveillance."

  Drake shook his head. "There was only one door in that motel unit, Perry. My men were watching to see that no one went in who might intend to make trouble and, by the same sign, they can also be sure that no one went out."

  "Your men are thoroughly dependable?" Mason asked.

  "The best."

  "And they keep records?"

  "Just like your own time records," Drake said.

  "The men didn't leave for anything?"

  "Not a thing," Drake said. "There were two men on the job. When one of them would go to report or powder his nose, the other man would be there waiting. You told me you wanted a one-hundred per cent job of bodyguarding and you got a one-hundred per cent job of bodyguarding."

  "And when I went out there," Mason said. "I told you to dismiss the bodyguards."

  "You told me to dismiss the bodyguards, but Mrs. Ellis was dead by that time-that was shortly before Ellen Robb was arrested."

  A slow smile twitched at the corners of Paul Drake's mouth. "Perhaps," he said, "you can get Hamilton Burger's theory fouled up on the time element but… He let his voice trail into silence, then shrugged his shoulders.

  "Exactly," Mason said. "Your mind has run up against the fact that the proof is mathematical. The bullet was fired from that gun. If I gave her that gun, Paul, she fired the bullet from it after I gave it to her. And she simply had to have had time to fire the bullet, regardless of when she fired the bullet."

  "But if Nadine Ellis was dead at the time the second bullet was fired," Drake said, "the crime is simply that of desecrating a corpse. That's only a misdemeanor. It may not be that."

  "You're forgetting the implications," Mason said. "If she knew where the body was and if she went and fired a second bullet into it, it was because she had committed the murder and was taking advantage of this legal technicality she overheard me discuss over the telephone."

  Mason looked at his wrist watch, sighed, and said, "Well, this is the end of a perfect day, Paul. We're going to have to leave for court in order to be there at eight o'clock. As long as I can find some way to crossexamine Ellis, I can stall off the fatal blow, but the minute I quit asking him questions Burger will call me as a.witness and then I'm all washed up-and the worst of it is Judge Keyser knows exactly what the score is and doesn't intend to let me stall. I've got to use all my ingenuity to prolong this case until I can figure out some way of keeping off that witness stand."

  Mason helped Della Street on with her coat, switched off the lights.

  As they went out the door Paul Drake said, "I know now how a fellow feels when they come to get him on the day of the execution and start leading him along the last mile to the gas chamber."

  "Nice feeling, isn't it?" Della Street said.

  Mason might not have heard them. His eyes thoughtful, he walked toward the elevators with the same steady rhythm that had marked his pacing of the office floor.

  CHAPTER FOURTEEN

  Judge Keyser surveyed the crowded courtroom with stern eyes as he stood at the bench. Then he seated himself, and the bailiff said, "Be seated."

  Hamilton Burger arose. "Your Honor," he said, "pursuant to the understanding and the demand of defense counsel, George Anclitas has here in this brief case the three weapons from his place of business.

  "I wish to submit to the Court that one of these guns which have been produced is of some significant evidentiary value in the case, because it now appears that one of these guns fired the other bullet which was taken from the body of Nadine Ellis.

  "If the Court please, since there is no jury here, I am going to state to the Court certain facts in connection with these guns.

  "We have in evidence the gun which was found in the yacht, the Cap's Eyes. This gun was the one which was purchased by George Anclitas' partner and given to Helman Ellis by George Anclitas. We will call this the Ellis gun. It is Exhibit E in this case.

  "We also have the revolver, Exhibit B, which was found in the possession of the defendant.

  "Now, just in order
to keep the records straight, I wish to state that during the recess the ballistics expert, Alexander Redfield, fired test bullets from the three guns which were in the possession of George Anclitas. This was done for the purpose of protecting our interests in the case. It is a well-known fact that when he is defending a client in a murder case Mr. Perry Mason can juggle guns around so that the Court, the witnesses and the issues become confused. We don't want that to happen in this case.

  "Now then I will state that, to the surprise of the prosecution, it turns out that one of these guns in the possession of George Anclitas did fire the bullet which was recovered from the body of Nadine Ellis and which bullet is in evidence as People's Exhibit C-i.

  "Despite the fact the barrel has since been defaced, we are in a position to show that this is the same gun which was submitted to Maurice Halstead for test purposes, that it was in the possession of Mr. Perry Mason; that is, it was given to Maurice Halstead by Paul Drake, a detective employed by Perry Mason in this case.

  "This gives us three weapons which are either involved in the case or which will be involved in the case. That leaves two more weapons which are not involved in any way in the case, and I now suggest that the Court make an order releasing George Anclitas from further attendance and releasing him from any obligation in response to a defense subpoena duces tecum to bring those guns into court.

  "We have a total of three revolvers here, and I propose to see that those revolvers are kept separate and described in such a way that there can be no confusion. I certainly don't want to have any more weapons brought into the case. I am making this statement, not as evidence, but simply in order to apprise the Court of the situation and in connection with a motion asking the Court to release George Anclitas from further attendance and removing those two guns, which have nothing to do with the case, from the courtroom."

  "Now, just a minute," Judge Keyser said. "The Court wants to know one thing. This gun which fired the bullet, Exhibit C-1, has a mark on the front sight where a nail file cut a groove in it?"

  "Yes, Your Honor," Hamilton Burger said. "However, I will state that I am satisfied this could not have been the gun which was given to Ellis.

  "I think there can be no question but that this witness was the victim of an honest mistake when he stated that this mark had been made upon the front sight of the gun which was given to Helman Ellis. We have proof of that. Helman Ellis remembers the circumstances perfectly, and I expect to show by him exactly what did happen. I had announced that I was finished with the witness so that I could call Perry Mason to the stand, but since Mason refused to stipulate the entire testimony of the witness could go out, and since the witness is in court-having merely been withdrawn from the stand so George Anclitas could take the stand-I now wish to recall the witness, Ellis, to the stand."

  Judge Keyser looked meaningly at Perry Mason and said, "In view of the fact that this is only a preliminary hearing, that the Court has called for a night session in order to clear up certain matters, the Court certainly doesn't intend to permit counsel for either side to consume time with any general fishing expeditions. The questions and answers will conform to the strict rules of evidence.

  "Now, Mr. Burger, you may proceed. Mr. Ellis, return to the stand, please."

  Hamilton Burger, glancing at the clock, looking back at the spectators, noticing the array of newspaper reporters in the front row, smiled triumphantly and said, "Mr. Ellis, do you recall the circumstances under which Mr. Anclitas gave you a revolver?"

  "Very clearly."

  "Will you state to the Court what those circumstances were?"

  "Mr. Anclitas and his partner, W. W. Marcus, had made a bet of some kind about a revolver. I didn't know exactly what the bet was but I did see Slim Marcus-I beg the Court's pardon, I mean W. W. Marcus-pay fifty dollars to George Anclitas and at that time Mr. Anclitas was holding a gun in his hand. I admired the gun and said that I was going to get one for purpose of protection and at that time Slim-that is, Mr. Marcus-reached under the counter or bar and pulled out a gun which was exactly similar and said something to the effect that, 'We have too many guns. We might as well give him one' and at that time George Anclitas presented me with the gun which Mr. Marcus had handed to me.

  "That, however, was not the gun which Mr. Anclitas had been holding in his hand when he returned from the barbershop and beauty parlor where he and his partner had been making a bet."

  Hamilton Burger nodded and smiled at the Court. "That explains it, I think, Your Honor," he said. "I have no further questions."

  "Do you have some cross-examination?" Judge Keyser asked Perry Mason.

  "Yes, Your Honor."

  "Please be advised that under the circumstances the Court will try to give you all reasonable latitude in cross-examination but will not countenance any tactics to gain time or any questions which may be asked for the purpose of delay," Judge Keyser said. "You may proceed with the cross-examination."

  "Are you in love with the defendant in this case?" Mason asked.

  "No, sir."

  "Were you at any time in love with her?"

  "Objected to as not proper cross-examination," Hamilton Burger said.

  "Overruled," Judge Keyser announced.

  "I think I was at one time. At least I was infatuated with her."

  "Is it true that your wife discovered this infatuation?" Mason asked.

  "Objected to as not proper cross-examination," Hamilton Burger said.

  Mason said, "If the Court please, the prosecution's own witnesses have stated that there was a scene between the defendant and Nadine Ellis. I am entitled to cross-examine this witness on it."

  "If the Court please," Hamilton Burger said, "of course we showed that altercation, and if counsel had wanted to cross-examine that witness on that altercation he had that right, but this witness has given no such testimony and therefore this is not proper cross-examination."

  "Except insofar as it may go to show bias of the witness," Judge Keyser said, hesitating perceptibly in an attempt to be scrupulously fair.

  "What has happened in the past doesn't show the bias of the witness," Hamilton Burger said. "The fact that his wife became jealous doesn't show the witness' bias. The question is, what is in the mind of the witness at the present time? What is his relation toward the defendant? What are his thoughts? What are his feelings? His bias? His prejudice? Or his lack of bias or prejudice?"

  "And I submit, if the Court please," Mason said, "that the only proper way to show that is not by asking the witness how he feels but by showing the relationship which has existed between the parties."

  "I think that is correct," Judge Keyser said, "but I will not permit a report of an account of an altercation between the decedent and the defendant by way of cross-examination at this time and of this witness."

  "I'll reframe the question," Mason said.

  Mason turned to the witness. "At a time when your wife and the defendant had an altercation over you, and accusations were made by your wife, were you present and did you take any part in the altercation?"

  "Same objection," Hamilton Burger said.

  "This question is permissible," Judge Keyser said.

  "I make the further objection that it assumes a fact not in evidence."

  "But it is in evidence," Judge Keyser said, "not by this witness but by your own witnesses. The objection is overruled. Answer the question."

  "I took no part," Ellis said.

  "Did you see the defendant on the eighth of this month?"

  "Yes, sir."

  "At The Big Barn where she was working?"

  "Yes, sir."

  "Were you present when she was discharged on Tuesday, the ninth?"

  "No, sir."

  "Did you see her that same night after she had been discharged?"

  "I saw her before she was discharged."

  "That isn't the question. Did you see her afterwards?"

  "I… I don't remember."

  "Let's see if we can refr
esh your memory," Mason said. "The defendant went to the Surf and Sea Motel in Costa Mesa. Did you go there?"

  "Yes, that's right. I did."

  "And saw her there?"

  "Very briefly."

  "When did you next see her?"

  "I don't remember. I think.-. I don't think I saw her after that until she had been arrested."

  "You don't remember?"

  "I can't say positively, no, sir."

  "This was a girl with whom you had been infatuated and yet you can't remember whether you saw her or not?"

  "Sure I saw her but it was after she had been arrested. I can't remember. I saw her so many times that it was difficult to keep them straight."

  "You remember seeing her at the Surf and Sea Motel?"

  "Yes, sir."

  "That was on the night of Tuesday, the ninth of this month?"

  "Yes, sir."

  "How long did you see her on that occasion?"

  "About ten or fifteen minutes."

  "Where did you go after you left the defendant that night?"

  "Objected to as incompetent, irrelevant and not proper cross-examination," Hamilton Burger said. "This witness is not on trial."

  "I have a right to test his recollection," Mason said.

  "You're trying to test his recollection in regard to matters which have absolutely nothing to do with the case," Hamilton Burger said. "If you start following every move made by this witness over the period of time from Tuesday, the ninth, until the body of his wife was discovered, you'll have this court sitting here all night inquiring into matters which have absolutely nothing to do with the case."

  "The objection is sustained," Judge Keyser said.

  "Did your wife tell you that she had been advised by her attorney that in case two bullets were fired into a body by two persons acting independently that only the person firing the bullet which actually resulted in death was guilty of murder?" Mason asked.

  "Objected to as incompetent, irrelevant and immaterial, calling for hearsay, not proper cross-examination," Hamilton Burger said.

  "Sustained," Judge Keyser snapped.

  "You were at The Big Barn on the night of Tuesday, the ninth?"