“The Court will observe,” the district attorney said, indicating the photograph, “that quite evidently the decedent had just received the fishing rod when the gas fumes were released.”
“Objected to,” Lawrence Dormer, the attorney for the defendant, shouted, getting to his feet. “I object to that statement, Your Honor,” he went on, with the vehemence of indignation. “That is plainly a conclusion. It’s something...”
“I’ll withdraw the statement,” the district attorney smirked. “After all, Your Honor, the photograph speaks for itself.”
Dormer resumed his seat at the counsel table.
The district attorney went calmly on, building up his case. Medical testimony showed approximately the time of death. Medical testimony also showed the manner of death.
The district attorney called James Haggerty, the officer who had entered Milter’s apartment with Mason when the body was discovered. The district attorney asked him his name, his occupation, while Lawrence Dormer sat tense in his chair, ready to object to the first question by which the district attorney would attempt to open the door to prove that other murder.
The district attorney said, “Now then, Officer Haggerty, I will ask you if, when you entered the apartment of Leslie L. Milter on the night prior to the murder of Roland Burr, you noticed anything which would indicate that hydrochloric acid or cyanide of potassium were present in that apartment.”
“Objected to,” Dormer shouted, getting to his feet. “Your Honor, this is not only incompetent, irrelevant, and immaterial, but the asking of that question constitutes prejudicial misconduct on the part of the district attorney, and I assign it as such. The defendant in this case is being tried for one crime, and for one crime alone. That crime is the murder of Roland Burr. There is no point of law which is better established than that when a defendant is being tried for one crime, the Court or jury cannot be prejudiced against him by having evidence introduced of another crime. Apparently, it is the contention of the district attorney that he can introduce this extraneous evidence...”
“I am inclined to agree with Counsel for the defendant,” the Court ruled, “but I’ll listen to the district attorney’s argument.”
District Attorney Copeland was fully prepared, not only with argument, but with a bristling list of authorities.
“If the Court please,” he said, in the calm manner of one who is very sure of his ground and who is making an argument upon which he is thoroughly prepared, “there is no question as to the general rule stated by Counsel for the defense. There are, however, certain exceptions.
“I will state at the outset that where exceptions to the rule exist, the evidence is permitted only for the purpose of showing opportunity, only for the purpose of showing some fact in connection with the crime for which the defendant is on trial, and not for the purpose of proving him guilty of any other crime.
“Under that rule, evidence of prior forgeries has been admitted for the purpose of showing that the defendant has practiced the signature of a certain individual. In connection with certain sexual crimes, previous acts have been admitted in order to show that the natural barriers of restraint have been broken down. And so in this case, Your Honor, I wish to introduce this evidence, not for the purpose of proving that the defendant murdered Leslie L. Milter, but only for the purpose of proving that, first, he was familiar with that method of murder, second, that he had a quantity of hydrochloric acid, third, that he had a quantity of cyanide of potassium, fourth that he knew full well the deadly gases which were liberated by these chemicals when placed in solution.
“Now then, if the Court please, I have a long list of authorities covering the rule of law. I would like to cite these authorities to the Court and would like to read from some of them.
“For instance, Your Honor, quoting from volume sixteen Corpus Juris, at page 589, I read, quote, Where the nature of the crime is such that guilty knowledge must be proved, evidence is admissible to prove that at another time and place not too remote, accused committed or attempted to commit a crime similar to that charged — end of quotation.
“In order to show that the defendant knew of the deadly gas which would be liberated by...”
Judge Meehan glanced at the clock and interrupted the district attorney to say, “It’s approaching the hour of the afternoon adjournment. The Court would like very much to have an opportunity to make some independent investigations upon this point. It is, quite apparently, a crucial point in the case, one which will be argued at some length. The Court will, therefore, adjourn this case until tomorrow morning at ten o’clock. The defendant is remanded to the custody of the sheriff. Court will take a recess until tomorrow morning at ten o’clock.”
Deputy sheriffs escorted Witherspoon from the courtroom. The judge retired from the bench. Spectators began talking among themselves excitedly. It was quite apparent that the wall of evidence which the district attorney was beginning to erect so remorselessly around the figure of a man who had been so prominent in the life of the community was impressing the spectators.
Lois Witherspoon, her chin held high, her eyes hard and dry, swept out of the courtroom, disdaining both the looks of pity which were bestowed upon her by some, and the stares of contempt which she encountered from others.
Back in his suite at the hotel, Mason stretched out in a comfortable chair, said to Della Street, “This feels good after those hard chairs in a courtroom.”
Della said, “You kept looking as though you wanted to get on your feet and charge into the fray.”
“I did,” Mason admitted.
“From all I can hear, he’s making a pretty good case against Witherspoon.”
Mason smiled. “Perhaps Witherspoon will suffer enough to learn a little charitable compassion. He’ll know now how Horace Adams felt eighteen years ago. Heard anything from Paul Drake yet?”
“No.”
“You transmitted my message to him?”
“Yes. I told him you wanted that girl from the Allgood Detective Agency shadowed, that you wanted to know, as far as possible, everything Roland Burr had done the day we arrived, as well as the day before.”
“Prior to being kicked by the horse,” Mason said, smiling. “After that, he stayed put.”
She said, “Drake’s working on it. He’s been in and out all day, sending telegrams and talking over the telephone. He has a couple of detectives down here working. He said he’d be here in time for a cocktail before dinner.”
Mason said, “Well, I’ll go in my room and take a bath and change my clothes. I never saw humanity packed into a courtroom quite so closely. They exude moisture, odor, and interest. I feel sticky all over.”
He went to his own room and was halfway through a bath when Paul Drake came in. “My gosh, Perry, I don’t know whether it’s mind reading or how you do it, but you certainly do get the damnedest hunches!”
“What this time?” Mason asked.
“About that mysterious Miss X in the old murder case, Corine Hassen.”
“What about her?”
“We’ve located her.”
“Where?”
“In Reno, Nevada.”
“Dead?” Mason asked.