Mason said, “I’d like to suggest to the prosecution that those films be brought into court this afternoon, or at least prints from those films.”
“I see no reason for that whatever,” Drew said. “This is not a trial before a jury. The prosecution doesn’t need to disclose any more than enough evidence to show that a crime has been committed and that there is reasonable ground to believe that the defendant committed that crime.”
“That’s right,” Judge Erwood said. “But where the defense wishes to put on testimony, it does have the right to subpoena witnesses. The defense could subpoena the persons who have these films. I think you had better produce them, Mr. Drew, it will save time.”
“But they have no bearing on the case, no bearing whatever,” Drew said.
“Then you can object to their introduction in evidence. But the defendant, in a preliminary hearing, certainly has the right to subpoena witnesses on his own behalf and to introduce evidence in his own behalf.”
Drew yielded with poor grace. “Very well,” he said, “I’ll bring the pictures into court.”
Judge Erwood said, “Court will take a recess until two o’clock this afternoon.”
Mason hurried over to Paul Drake. “All right, Paul,” he said, “give the signal. Have your men serve subpoenas on Loretta Harper, Dawn Manning, Beatrice Cornell and Frank Ferney.”
Drake turned, signaled to one of his men who was in the courtroom by holding up his hand with the thumb down and four fingers extended.
“Okay,” he said to Mason. “That’s all taken care of, Perry, but I don’t see what you’re going to do except tip your hand. This judge is going to bind Ansley over, come hell or high water.”
“He isn’t going to bind him over until I’ve found out a lot more about the prosecution’s case,” Mason said. “I’m going to get just as much evidence before the Court as I can.”
“But,” Drake protested, “they’ll object on the ground that it’s immaterial, and the judge will sustain them.”
“Not after I get done, he won’t,” Mason said. “Either Loretta Harper or Dawn Manning is lying, one or the other. Dawn Manning makes a beautiful picture of sweet innocence, but the cold logic of the situation points to the fact that she probably was turned loose in the grounds at about nine o’clock, and there’s no real proof that she didn’t go to the house and remain there until after the murder was committed.”
“Go to it,” Drake said, “I still say it won’t do you any good. Sam Drew is one of the happiest men in the whole legal profession right now. He’s been able to put on a prima facie case, the judge is with him, and he feels you don’t stand a ghost of a chance of changing the judge’s mind.”
Mason grinned. “The presiding judge assigned Judge Erwood to sit on this hearing with the understanding that he would see the case was handled according to the usual cut-and-dried routine. Burger protested I’d been given too much leeway in the past.”
“Think you can beat a situation like that?” Drake asked dubiously.
Mason pursed his lips thoughtfully. “I can sure as hell try.”
Chapter Ten
When court reconvened at two o’clock, Paul Drake had a whispered word of warning for Perry Mason.
“Watch Sam Drew,” he said. “He’s so tickled he can hardly contain himself. Something has happened during the recess that has given him a big kick. The gossip is that he’s passed the word down the line, and Hamilton Burger, the district attorney, is coming in to watch you fall flat on your face.”
“Any idea what it’s all about?” Mason asked.
“I can’t find out,” Drake said, “but the whole camp is just bursting with suppressed excitement, and—”
He broke off as Judge Erwood entered the courtroom from his chambers. Everybody stood and waited for the stroke of the gavel which signaled they were to be seated.
“People versus Ansley,” Judge Erwood said. “Are you ready to proceed, Mr. Mason?”
“Yes, Your Honor.”
“Very well, Mr. Mason, proceed with your case.”
Mason said, “As my first witness I will call my secretary, Miss Della Street, to the stand.”
Judge Erwood frowned, started to say something, then changed his mind.
Della Street went to the stand, held up her right hand and was sworn.
At that moment the courtroom door opened, and Hamilton Burger, the district attorney, made a personal appearance, quite obviously enjoying the whispered comments as he came lumbering down the aisle, pushed his way through the swinging mahogany gate in the bar and seated himself beside Drew.
Burger made no attempt to conceal the broad grin on his face.
Mason felt his way cautiously through the examination.
“Your name is Della Street and you are now and for some time have been in my employ as my confidential secretary?”
“Yes, sir.”
“You are acquainted with the defendant?”
“Yes, sir.”
“When did you first see the defendant?”
“On the evening of Monday, the eighth.”
“Where did you see him?”
“At the Golden Owl Night Club.”
“What was the time?”
“The time was approximately two or three minutes past ten o’clock.”
“And what happened?”
“Mr. Ansley approached the table where we were sitting and asked you to—”
Mason held up his hand.
“We object to anything the defendant may have said at that time, as a self-serving declaration, as hearsay and as incompetent, irrelevant and immaterial,” Drew said.
“There is no need for the objection,” Mason said. “I don’t want the witness to relate the conversation. I will just ask you, Miss Street, as to what was done.”
“Well, the defendant asked you to do certain things, and after some conversation we left the Golden Owl Night Club.”
“At what time?”
“At exactly ten-thirty-two.”
“Now, when you say ‘we’ who do you mean?”
“You, Mr. Ansley and myself.”
“And where did we go?”
“We went to Meridith Borden’s place.”
“Were the gates open or closed?”
“The gates were open.”
“What did we do?”
“We parked the car just outside the gates.”
“Then what?”
“We looked around for some ten or fifteen minutes, I would judge.”
“And then what happened?”
“Then a gong sounded and the gates closed.”
“Then what happened?”
“Then Mr. Ansley went to the gates, tried to open them and apparently set off a burglar alarm...”
“Objected to as a conclusion of the witness. Move to strike,” Drew said.
“Stipulated it may go out,” Mason said. “Just what happened?”
“A bell sounded, floodlights came on, on the grounds, and we could hear the barking of dogs.”
“Then what?”
“Then we climbed over the wall and a dog came charging at us. Just as you got up on the wall, the dog was snapping at your heels and leaping up at the wall.”
“Then what?”
“Then we descended the wall on the other side.”
“Do you know what time it was then?”
“It was just after eleven.”
“Then what happened?”
“We went to the front gate.”
“And what happened there?”
“You looked around and discovered a telephone.”