Lucas whirled, his face red. "That insinuation is unjustified!" he shouted. "You can't…"
Judge Munroe's gavel banged on his desk.
"Counselor," he said to Perry Mason, "your objection is well taken. Your comments were entirely uncalled for."
"I apologize to the Court," said Perry Mason.
"And to counsel," suggested Lucas.
Perry Mason remained significantly silent.
Munroe looked from face to face. There was, perhaps, the faint twinkle of humor in his eyes. "Proceed," he said.
"That," said Lucas, "is our case," and sat down.
Perry Mason said, "Call Mrs. Bessie Holeman to the witness stand."
A young woman of perhaps thirtytwo years of age, with tired eyes, strode to the witness stand, held up her right hand and was sworn.
"Did you," asked Perry Mason, "go to the inquest which was held over the remains of Gregory Moxley, alias Gregory Lorton, the man who was killed on the sixteenth day of June of this year?"
"I did."
"Did you see the remains?"
"I did."
"Did you recognize them?"
"Yes."
"Who was the man?"
"He was the man whom I married on the fifth of January, 1925."
The spectators gasped with surprise. Lucas half rose from his seat, sat down, then jumped up again. He hesitated a moment, then said slowly. "Your Honor, this line of testimony takes me completely by surprise. However, I move to strike out the answer as not responsive to the question, as incompetent, irrelevant and immaterial. It makes no difference how many prior marriages this man, Moxley, might have had before he married Rhoda Montaine. He might have had two dozen previous wives living. Rhoda Montaine could have filed suit for annulment during his lifetime. She did not. With his death, she becomes a widow. In other words, her marriage is not subject to collateral attack."
Perry Mason smiled. "The law of this state provides that a subsequent marriage contracted by any person during the life of a former husband or wife of such person with any person other than such former husband or wife is illegal and void from the beginning. In the Estate of Gregorson, 16 °Cal., 61, it is held that a void marriage is subject to collateral attack.
"Obviously, Gregory Lorton could not enter into a valid marriage with Rhoda Montaine as long as Lorton's prior wife was living Therefore, the previous marriage of this defendant, being null and void, was no bar to a subsequent valid marriage to Carl Montaine."
"Motion to strike is denied," said Judge Munroe.
"Did you ever secure a divorce from the man who has been variously described as Gregory Moxley or Gregory Lorton subsequent to the fifth day of January, 1925?" asked Perry Mason.
"Yes."
Perry Mason unfolded a legal paper, presented it to Lucas with a flourish. "I show to counsel," he said, "a certified copy of the decree of divorce, and call to the attention of Court and counsel the fact that the decree of divorce was subsequent to the marriage of this defendant to Gregory Lorton. I offer this certified decree in evidence."
"It will be received," Judge Munroe said.
"Crossexamine," announced Perry Mason.
Lucas approached the witness, stared steadily at her and said, "Are you certain of the identity of this man you saw in the morgue?"
"Yes."
Lucas shrugged his shoulders, said to Judge Munroe, "That is all."
The judge leaned over his desk and said to the clerk of the court, "Bring me that one hundred and sixtieth California Reports, and volume sixteen of California Jurisprudence."
There was a restless silence in the courtroom while the clerk stepped into the Judge's chambers, returning with two books which the judge consulted thoughtfully. Judge Munroe looked up from the books and disposed of the case with a single sentence. "Judgment," he said, "must be entered for the defendant. The petition to annul the marriage is denied. Court is adjourned."
Perry Mason turned and caught the eye of the elder Montaine, an eye that was glittering and frosty. There was no expression whatever upon the face of the older man. John Lucas looked crushed. Carl Montaine seemed rather dazed, but C. Phillip Montaine retained his poise. It was impossible to tell whether he was surprised by the decision.
The courtroom buzzed with activity. Newspaper men sprinted for telephones. People milled into curious throngs, every one talking at once. Perry Mason said to the deputy who had Rhoda Montaine in custody, "I want to take my client into the jury room for consultation. You can sit in the door if you wish." He took Rhoda Montaine's arm, piloted her into the jury room, held a chair for her, sat across a table from her and smiled reassuringly.
"What does it all mean?" she asked.
"It means," said Perry Mason, "that Judge Munroe has held your marriage to Carl Montaine absolutely valid and binding."
"Then what?" she asked.
"Then," said Perry Mason, pulling the complaint from his pocket, "you are going to sue him for divorce on the grounds of extreme cruelty, in that he has falsely accused you of murder, in that he has betrayed the confidence you have made to him, in that he has, on numerous times and occasions, treated you in a cruel and inhuman manner. I have listed some of those times and occasions in this complaint. All you have to do is to sign it."
Tears came to her eyes. "But," she said, "I don't want to divorce him. Don't you understand, I make allowances for his character. I tell you, I love him."
Perry Mason leaned close to her, so that his eyes were staring steadily into hers. "Rhoda," he said in a low voice, "you've told your story. You've given the district attorney a signed statement. You can't deviate from that story now. You've got to stand or fall by it. So far, the district attorney hasn't been able to uncover the person who actually did stand on the doorstep and ring the doorbell of Moxley's apartment while Moxley was being murdered, but I have uncovered him. I have uncovered two of them. One of them may be lying. On the other hand, both may be telling the truth. The testimony of either one will get you the death penalty."
She stared at him with consternation in her eyes.
"One of them," Perry Mason went on, "is Oscar Pender, a man from Centerville who was trying to get money from Moxley. This money Pender was to get for his sister. Moxley had swindled Pender's sister out of her savings."
"I don't know anything about him," Rhoda Montaine said. "Who's the other one?"
Mason's eyes bored into hers. He said slowly, "The other one is Doctor Claude Millsap. He couldn't sleep. He knew of your appointment. He got up and drove to Moxley's house. You were there. The lights were out. He rang the bell. Your car was parked around the corner on a side street."
Rhoda Montaine was white to the lips. "Claude Millsap!" she said, in a whisper.
"You got yourself in this mess," Mason told her, "by not doing what I told you. Now you're going to follow instructions. We've won that annulment case. Your husband can't testify against you. The district attorney, however, has given the newspapers signed statements covering your husband's testimony. He's held your husband as a material witness, where I couldn't talk with him; but he's let every newspaper man in town talk with him. Now then, we've got to combat that propaganda. We're going to file this divorce. I've drawn it on the theory that your husband was guilty of cruelty in telling a bunch of lies to the district attorney, lies that linked you with a murder of which you are innocent."