“Upon that evidence, ladies and gentlemen, we shall ask a verdict of first-degree murder.”
Hamilton Burger turned and walked with ponderous dignity back to the counsel table.
Judge DeWitt glanced down at Perry Mason. “Does the defense wish to make an opening statement at this time, or do you wish to reserve your opening statement until later?”
Mason said, “I wish to make it at this time, Your Honor.” He arose and walked over to stand in front of the jurors.
“May it please the Court and you ladies and gentlemen of the jury,” Mason said, “I am going to make the shortest opening statement I have ever made in my life.
“The defendant is charged with first-degree murder. He is involved in a proxy fight for the control of the Texas Global, a corporation which has very large assets. We expect to show that an attempt was made to frame the defendant so that he would either be convicted of murder or in any event would be so discredited that it would be possible to wrest control of the corporation from him.
“In order to make a frame-up of this kind, ladies and gentlemen, it is necessary to use either one of two kinds of evidence, or to combine those two kinds of evidence: that is, perjured evidence or circumstantial evidence. We expect to show that both types of evidence were used in this case; that, under the law, wherever circumstantial evidence is relied upon by the prosecution, the Court will instruct you that, if the defense can advance any reasonable hypothesis other than that of guilt which will explain the circumstantial evidence, it is the sworn duty of the jurors to accept that hypothesis and acquit the defendant.
“You jurors have told us that you will abide by the instructions of the Court, and the Court will instruct you that that is the law.
“Under those circumstances, we shall expect a verdict of acquittal.”
Mason turned and had started to walk back toward the counsel table when Hamilton Burger jumped to his feet.
“If the Court please,” he said, “I feel that the jurors should be advised that it is incumbent upon the defense to offer a reasonable hypothesis. It has to appeal to the reason, to the sound common sense of the jurors.”
“The Court will cover that matter in its instructions, Mr. District Attorney,” the judge said. “Proceed with your case.”
Hamilton Burger said, “My first witness will be Sgt. Holcomb.”
Sgt. Holcomb came forward, was sworn and gave routine testimony as to the conversation with Perry Mason, going upstairs in the hotel, finding the body of a young woman sprawled out on the bed.
“Did you have some conversation with Mr. Mason as to how he happened to discover the body?” Burger asked.
“Yes.”
“What did Mason say at that time?”
“Objected to as incompetent, irrelevant and immaterial,” Mason said. “The conversation took place outside of the presence of the defendant.”
“Did Mr. Mason admit to you that he was acting in his capacity as attorney for some client when he discovered the body?”
“He did.”
“Did he say he was acting as attorney for this defendant?” Judge DeWitt asked.
“He didn’t say so in so many words.”
“The objection is sustained, at least for the present.”
“You went up to Room 729?” Hamilton Burger asked.
“I did, yes, sir.”
“What did you find?”
“I found the body of a young woman.”
“Lying on the bed?”
“On the bed.”
“She was dead?”
“She was dead.”
“Can you describe the position of the body?”
“She was stretched out, half on her back, her right hand up in the air as though trying to protect herself and—”
“I move that part of the answer be stricken,” Mason said, “as a conclusion of the witness.”
“That will be stricken,” Judge DeWitt said. “The witness can testify to the position of the hand, but cannot give his conclusion as to why the hand was in that position.”
“Just indicate to the jury the position of the hand,” Hamilton Burger said, smiling triumphantly, knowing that the point had reached the jurors regardless of the judge’s ruling.
Sgt. Holcomb held up his hand.
“What time was this that you arrived at the hotel?” Burger asked.
“Approximately ten minutes to eight.”
“And you went up almost immediately to the room?”
“Yes, sir.”
“What time did you view the body?”
“I would say it was approximately eight o’clock. My notes show that I started looking around the suite at eight-four.”
“Cross-examine,” Hamilton Burger said abruptly. “The right hand was held up above the face in the position you have indicated?” Mason asked.
“Yes.”
“The left arm was hanging down?”
“Yes.”
“Did you touch the body?”
“I touched the wrist to make sure there was no pulse.”
“The wrist of which hand, the right or the left?”
“The right.”
“You found no pulse?”
“No.”
“The hand was held up in the position you have indicated?”
“Yes.”
“It was not resting up against the face?”
“No, sir, it was not.”
“There was a space between the back of the hand and the face?”
“There was.”
“Yet the hand was up there and the woman was dead?”
“Certainly,” Sgt. Holcomb snapped. “The condition was that known as rigor mortis.”
“You know about rigor mortis?”
“Certainly.”
“What is it?”
“It’s what happens after a person is killed and the body stiffens.”
“And the right hand was held up and rigor mortis had set in? Is that right?”
“Yes.”
“Now, what about the left arm?”
“It was hanging over the side of the bed.”
“Did you touch the left arm?”
“Yes, I touched the left arm.”
“You say it was hanging down from the bed?”
“Yes.”
“Do you mean by that that the left arm was not rigid?”
“It was hanging down. It was hanging from the shoulder.”
“Did you move the left arm?”
“Slightly.”
“You could move it?”
“Certainly.”
“It was limp?”
“It was swinging from the shoulder. I didn’t try to bend the elbow.”
“But the arm was swinging from the shoulder, is that right?”
“Yes.”
“Thank you,” Mason said. “That’s all. I have no further questions.”
“My next witness will be Gifford Farrell,” Hamilton Burger said.
Farrell had about him an air of hushed solemnity and grief as he walked quietly forward to the witness stand.
Some of the women jurors leaned forward to look at his lean, bronzed face. The men were more casual in their appraisal, but it was plain to be seen that the man’s manner aroused interest.
Hamilton Burger turned the examination of Farrell over to his trial deputy, Marvin Elliott.