“That is correct.”
“She was your wife?”
“Yes, sir.”
“That is all,” Mason said.
“I have no questions,” Hamilton Burger said.
“Now, just a moment,” Judge Erwood said. “The Court dislikes to be placed in the position of carrying on the examination of witnesses, but certainly there is a situation here which is most unusual. Mr. Ferney?”
“Yes, Your Honor.”
“When you gave your testimony before, why didn’t you state that you heard the voice of a woman on the other side of that door in the studio?”
“No one asked me.”
“You made no attempt to open the door?”
“No, sir.”
“Was it locked?”
“I don’t know.”
“Isn’t it unusual that a person should hear the voice of his wife on the other side of the door and simply turn away without making any attempt to open the door?”
“No, Your Honor. That door had to be kept closed. One never knew whether the darkroom was in use, or whether the studio was being used for photographic purposes. I was working for Meridith Borden. If I had opened the door at that time, he would have fired me on the spot.
“I also wish to point out to the Court that my wife and I have separated, and the fact that we have not been formally divorced was entirely due to my fault.”
“In what way was it your fault?” Judge Erwood asked.
“I went to Reno and established a residence. I was supposed to get the divorce. The case was ready to be disposed of, but I got in an argument with my lawyer. I felt he was trying to hold me up. I simply sat tight and decided to outwait him.”
Judge Erwood looked at Ferney with a puzzled expression. “I feel this matter should be clarified,” he said, shifting his glance to the district attorney.
“We have no further questions,” Burger said doggedly.
Judge Erwood’s face showed annoyance. He turned to Perry Mason.
Mason bowed to the Court. “With the Court’s permission,” he said, and arose to walk toward the witness stand, facing the discomfited witness. “Let’s get your own time schedule on the night of the murder straight,” he said. “You say you left Borden’s house a little after six o’clock?”
“Yes.”
“And you went where?”
“To the apartment of Loretta Harper, my fiancée.”
“Did your fiancée, as you call her, know that you were not divorced?”
“Not at that time. She thought I was divorced.”
“You lied to her?”
Ferney flushed, and for a moment started to make some hot rejoinder, then caught himself.
“You lied to her?” Mason repeated.
“All right,” Ferney said defiantly, “I lied to her.”
“Who was present when you arrived at the apartment of Miss Harper?”
“Just Loretta Harper.”
“Later on, other people came in?”
“Yes.”
“How much later?”
“About fifteen or twenty minutes later.”
“Who were these people?”
“Mr. and Mrs. Jason Kendell.”
“And how long did they remain?”
“They remained until... well, until quite late, until Loretta — I mean Miss Harper — got back from having been kidnaped.”
“Now, when you say kidnaped, what do you mean?”
“If the Court please,” Hamilton Burger said, “I feel that this witness can’t possibly know what transpired with Miss Harper—”
“I’m not asking him what transpired,” Mason said. “I’m asking him to simply define what he meant by the use of the term kidnaped.”
“The witness is presumed to understand the ordinary meaning of the words he uses,” Judge Erwood said. “The objection is sustained.”
“All right,” Mason said to the witness, “you went to this apartment. What floor is it on?”
“The fourth.”
“You had some drinks?”
“Yes.”
“And you had dinner?”
“Yes.”
“And then you became a little dizzy?”
“Quite dizzy.”
“You were intoxicated?”
“I was intoxicated, yes.”
“And then what happened?”
“I went to sleep at the table.”
“What do you know after that? How much do you remember?”
“I have a vague recollection of being placed on the bed.”
“Who did that?”
“Jason and Millicent — that is, Mr. and Mrs. Kendell, assisted by Miss Harper. I remember they took my shoes off and that’s the last I remember until I woke up because I heard a lot of excitement — that is, excited voices, and looked at my watch.”
“Were you intoxicated at the time?”
“No, I’d slept it off. I had a thick feeling in my head.”
“And, at that time, Miss Harper was back in the apartment?”
“That’s right.”
“So then you called this veterinary, Dr. Callison?”
“I didn’t wait to call her. I asked one of the others to call and say that I was on my way, and I made a dash for my automobile. I drove to the kennels.”
“That’s all,” Mason said.
Loretta Harper jumped up from her seat in the courtroom. “Tell them the truth, Frank,” she shouted. “Quit trying to protect her! Mr. Mason, ask him what he told Dr. Callison! He—”
“That will do!” Judge Erwood said, banging his gavel. “Miss Harper, come forward.”
Loretta Harper came forward, her face flushed with indignation.
“Don’t you know that you’re not supposed to rise in court and shout comments of that sort?” Judge Erwood asked.
“I can’t help it, Your Honor. He’s still concealing things, still trying to stick up for her. He heard—”
“Now, just a minute,” Judge Erwood said. “This situation is getting entirely out of hand. I am not interested in any further comments from you, Miss Harper. If you know anything about the case of-your own knowledge, that’s one thing, but this Court certainly doesn’t care to have interpolations from spectators. Now, the Court is going to hold you in contempt of this Court for interrupting the proceedings in this case and comporting yourself in a manner which you knew was improper. The Court will determine the extent of the punishment later. But in the meantime, you’re to consider yourself held in contempt of Court and you are technically in custody. Do you understand that?”
“Yes, sir.”
“Call me Your Honor.”
“Yes, Your Honor.”
“Very well. Be seated now and keep quiet.”
Judge Erwood turned angrily to Frank Ferney. “Mr. Ferney,” he said, “you’re under oath. You are called here to tell the truth, the whole truth and nothing but the truth. Now, you’ve certainly placed yourself in a most unfavorable light, not only by your testimony but by the manner in which you’ve given that testimony. The Court is thoroughly out of patience with you. Now, is there anything else that you know, anything at all that you know of your own knowledge that would shed any light on this matter?”
Ferney lowered his eyes.
“Yes or no?” Judge Erwood asked.
“Yes,” Ferney said.
“All right, what is it?” Judge Erwood snapped.
Ferney said, “As we were leaving, driving away from the place, I thought I heard... well, I could have been mistaken about that. I—”
“What did you think you heard?” Judge Erwood asked.
“I thought I heard a shot.”
“A shot!”
“Yes.”
Judge Erwood glowered at the witness.
“Did you mention this to Dr. Callison?” Mason asked.
“We object,” Burger snapped.
“Sustained.”
“You were riding in the car with Dr. Callison?” Mason asked.
“Yes.”
“You rode back to the kennels with her?”
“Yes.”
“What time did you reach there?”