“Were you acquainted with Mrs. Norton Calvert during her lifetime?”
“I was.”
“Her first name was Rose?”
“That is correct.”
“She was married?”
“She was married and had separated from her husband.”
“Do you know where Mrs. Calvert is now?”
“She is dead.”
“Did you see her dead body?”
“I did.”
“Where?”
“At the morgue.”
“When?”
“On the seventeenth day of October of this year.”
“Do you know what if anything Mrs. Calvert was doing at the time of her death?”
“She was working for me.”
“In what capacity?”
“I am engaged in a proxy fight for control of Texas Global. I have done extensive advertising in the newspapers, and Mrs. Calvert was acting as my very confidential secretary, keeping tabs on the proxies which had come in.”
Elliott turned to Perry Mason, said, “I show you a list containing the names of stockholders, the numbers of stock certificates, and a statement in regard to proxies which bears your initials and the initials of the defendant on each page. I believe you will stipulate this was a list which was turned over to the district attorney’s office on the morning of October seventeenth.”
“I will so stipulate. I will further stipulate that this was a paper which the defendant found under the front seat of his automobile late on the evening of October sixteenth. I will state further that we handed this list to the district attorney on the morning of October seventeenth with the statement that it might be evidence in the case, and the further statement that the defendant had no knowledge as to how or when it had been placed under the seat of his automobile.”
“Very well,” Elliott said, “we will stipulate as to the fact the defendant made this statement. We expect to disprove it.”
Elliott turned to Farrell. “Mr. Farrell, I show you this list and ask you if you know what it is?”
“Yes, sir.”
“What is it?”
“It is a list, dated the fourteenth of October, which purported to show the proxies that had been received to date.”
“Who had possession of that list?”
“Rose Calvert.”
“We ask that this list be received in evidence, Your Honor,” Elliott said.
“Just a moment,” Mason interposed. “I’d like to ask a few questions concerning this list before it is received in evidence.”
“Very well,” Judge DeWitt said.
Mason said, “My initials and the initials of the defendant are on that list. Is there any identifying mark of yours on that list?”
“No, sir, there is not.”
“Then how do you know it is the same list which Rose Calvert had in her possession?”
Farrell’s smile showed that he had been anticipating this question. “It is a completely phony list,” he said. “It was purposely prepared and given to Rose Calvert, so that if anyone tried to force her to surrender the list she was making, she would have this phony list which was purposely misleading.”
“That list did not reflect the true situation at that time?” Mason asked.
“It did not!”
“Who prepared that list?”
“It was prepared at my dictation.”
“And you saw it in Rose Calvert’s possession?”
“I did.”
Mason turned to Judge DeWitt and said, “I think the statement that it was given Rose Calvert to be surrendered in case anyone tried to take the list from her is completely incompetent, irrelevant, and immaterial as far as this defendant is concerned. But because we are anxious to get at the truth of this case, we will not move to strike out that part of the answer. We have no objection to the list being placed in evidence.”
“Very well,” Judge DeWitt said, “it will be marked as the People’s Exhibit and given the appropriate number by the clerk.”
Marvin Elliott said, “I will now ask you, Mr. Farrell, if you gave Rose Calvert certain instructions on the sixteenth of October as to what she was to do at the Redfern Hotel?”
“Just a minute,” Mason said. “I object on the ground that that is incompetent, irrelevant, and immaterial and not binding on the defendant. Unless it is shown that the defendant knew of this conversation or was present at the time it took place, it has no bearing on the case.”
“It is part of the res gestae,” Elliott said.
Judge DeWitt shook his head. “The objection is sustained.”
Elliott said, “I have no further questions at this time.”
Mason said, “That’s all. I have no cross-examination.”
Elliott said, “I’ll call Robert Makon King.”
Robert King walked quickly to the witness stand and took the oath.
“What is your occupation?” Elliott asked.
“I am a clerk at the Redfern Hotel.”
“On the evening of October sixteenth did you have occasion to see a body in the hotel?”
“I did.”
“Who showed you that body?”
“Sgt. Holcomb.”
“Where was the body?”
“In Room 729.”
“Were you able to identify that body?”
“Not by name, but as a guest in the hotel, yes.”
“You had seen that young woman during her lifetime?”
“I had.”
“Where and when?”
“She had entered the hotel and stated that she wanted a suite somewhere on the sixth or seventh floor, preferably the seventh. She stated that—”
“Never mind what she stated,” Mason said. “I object on the ground that it’s incompetent, irrelevant, and immaterial.”
“This is very definitely part of the res gestae,” Marvin Elliott said. “It accounts for certain facts which otherwise would be confusing.”
“I think I will sustain the objection to the conversation,” Judge DeWitt said. “You may ask what she did as part of the res gestae.”
“Did she register for a room?”
“She did.”
“Under what name?”
“Under the name of Gerald Boswell.”
“I’m sorry,” Elliott said, “that I can’t ask you for the conversation. I will ask you if she paid for the suite in advance.”
“She did. Yes, sir.”
“You may cross-examine,” Elliott said.
“Did this young woman have any baggage with her when she registered?” Mason asked.
“I didn’t see any.”
“Could there have been baggage which you didn’t see?”
“It was the duty of the bellboy to take up the baggage.”
“But she did pay for the suite in advance?”
“Yes, sir.”
“And took it under the name of Gerald Boswell?”
“Yes, sir. She said he was her—”
“Just a minute,” Judge DeWitt interrupted.
“Your Honor, I’m going to withdraw my objection to the conversation,” Mason said. “I’m going to let the witness relate it.”
“Very well,” Judge DeWitt said.
King said, “She told me that she was the secretary of Gerald Boswell, that he wanted her to engage a suite for him, and that she would pay the rent in advance.”
“Did she say she would do that because she had no baggage?” Mason asked.
“Now that you mention it, I believe she did.”
“What time was this?”
“Sometime in the afternoon. I don’t know just when. The records show it was just before two o’clock.”
“What time did you come on duty?”
“At twelve o’clock in the afternoon.”
“What time did you normally leave?”
“At eight o’clock in the evening.”
Mason thought the situation over for a moment. “You’re certain this was the young woman who rented the suite?”
“I’m certain.”
“Your memory for faces is rather poor, isn’t it?”