Mason, being nearest the telephone, scooped it up, placed the receiver to his ear, and said, “Hello... Yes, this is Mason... When?... Very well, I’ll be there right away.”
He dropped the receiver into place, said to Lois Witherspoon, “Go get your boy friend, drive over to Yuma, and get married.”
“I’m going to.”
“And keep quiet about that duck,” Mason said.
She shook her head.
Mason grinned. “You’re not going to have to say anything about it.”
“Why?”
He said, “Your dad’s sent for me. He wants me to come in and act as his lawyer tomorrow.”
She said coldly, “You can’t act as his lawyer, Mr. Mason.”
“Why not?”
“Because you’ve contributed to building up some of the evidence against him.”
“Ethically, you’re probably right,” Mason said, “but it’s an academic question which you won’t need to worry about — because tomorrow I’m going to walk into court and blow that case against your father into a million pieces of legal wreckage.”
She stood for a moment looking at the determination of his face, the gleam in his eyes. Abruptly, she came toward him. “Would you like to kiss the bride?” she asked.
Chapter 20
The courtroom buzzed with excitement as Perry Mason strode past the barrier which separated the counsel table from the spectators and took his seat beside Lawrence Dormer and the defendant.
Judge Meehan called Court to order.
Lawrence Dormer got to his feet. “If the Court please,” he said, “I would like to move that Mr. Perry Mason be associated in the defense of this case.”
“It is so ordered,” Judge Meehan said.
Mason slowly arose. “Now then, Your Honor,” he observed, “upon behalf of the defendant, John L. Witherspoon, we withdraw the objection the defendant made yesterday to the question which the district attorney asked Officer Haggerty. Let the officer go ahead and answer it.”
District Attorney Copeland was more than surprised. It was a moment before he could master his astonishment. Sensing a trap, he got to his feet, and said, “Of course, the Court will understand that the question is asked only for the purpose of showing that the defendant would have had access to similar poisons, a knowledge of their use and application, and a knowledge of the fatal nature of this gas.”
“That is my understanding,” Judge Meehan said.
“I trust that counsel understands it,” Copeland announced, looking across at Perry Mason.
Mason sat down and crossed his knees. “Counsel understands the law — or thinks he does,” he said with a smile.
For a long thirty seconds, District Attorney Copeland hesitated; then he had the question read to the witness and received his answer.
Feeling his way cautiously, Copeland showed the discovery of the body of Leslie Milter, that the poison, its disposition and use were exactly the same as that which had caused the death of Roland Burr.
Copeland also showed that Witherspoon had appeared at the apartment some thirty or forty minutes after the discovery of Milter’s body, that he had then stated to the witness, Haggerty, that he was in search of Perry Mason, who, Haggerty informed him, had just left. Witherspoon had then stated he “had been looking everywhere for Mr. Mason, and had come to Milter’s apartment as a last resort.” The witness stated Witherspoon not only had made no reference to an earlier visit to Milter’s apartment, but had given his hearers to understand that this was the first time he had ever been there.
All of these questions went into the record and were answered without objection. From the extreme care with which Copeland phrased his questions, it was apparent that he was becoming more and more worried.
At the close of Haggerty’s examination, he got to his feet, and said, “If the Court please, this evidence will be connected up by my next witness, by whom we will prove that this defendant was seen leaving Milter’s apartment at just about the time the murder must have been committed. The Court will understand that this course of procedure may be somewhat unusual, that all of this line of evidence is being offered for a very limited purpose, and,” he added triumphantly, “it has been received without objection on the part of the defendant.”
“Any further questions?” Mason asked.
“No. You may cross-examine.”
Mason said, “Mr. Haggerty, when you first entered that apartment, you noticed a goldfish bowl with a small duck in it?”
“Objected to as not proper cross-examination,” Copeland said promptly. “The evidence concerning the murder of Milter was introduced for a very limited purpose. I have no desire to try the murder case at this time.”
“It doesn’t make any difference what you desire,” Mason said. “You opened the door on direct examination far enough to serve your purpose. Under the laws of cross-examination, I have the right to throw it all the way open. And that’s just what I’m going to do, Mr. District Attorney, throw it wide open!”
Copeland said, “Your Honor, I object. This is not proper cross-examination.”
“Why not?” Mason asked. “You’ve sought to connect the defendant with the murder of Milter.”
“But only for the purpose of showing familiarity with that particular method of perpetrating a murder,” the district attorney said.
“I don’t care what your purpose is or was,” Mason told him. “I’m going to prove that John L. Witherspoon couldn’t have had anything to do with the murder of Milter. I’m going to prove that Milter was dead before Witherspoon ever started up the stairs to that apartment. I m going to prove it by your own witnesses as well as by some of mine. And then I’m going to hurl your argument right back into your teeth. You’ve walked into this and...”
Judge Meehan pounded with his gavel. “Counsel will refrain from personalities,” he said. “Counsel will address his argument to the Court.”
“Very well,” Mason said with a smile. “Your Honor, I submit that the district attorney has sought to introduce certain evidence for a limited purpose. There was no objection on the part of the defense to that evidence. He has shown the part of it which he thought would benefit his case. We’re entitled to show it all.”
“So far as this specific question is concerned,” Judge Meehan said, “the objection is overruled. The witness will answer it.”
“That’s right. There was a duck in that goldfish bowl,” Haggerty said.
“And was there anything peculiar about that duck?”
“Yes”
“What?”
“Well, it seemed to be — it was sort of paddling around in the water — it looked like a duck that didn’t know how to swim — looked like it was drowning.”
The roar of laughter which came up from the courtroom drowned out the beating of the judge’s gavel.
Haggerty shifted his position uncomfortably on the stand, but glared dogged defiance at the laughing spectators.
“This being an agricultural community,” Mason conceded with a smile, when the uproar had subsided, “I take it that the idea of a duck that hasn’t learned how to swim, and drowns in a goldfish bowl is rather amusing to the spectators. Are you certain that the duck was drowning, Mr. Haggerty?”
Haggerty said, “There was something wrong with that duck. I don’t know what it was, but it was sunk down under the water. Just a little of it was sticking up.”
“Have you ever heard of ducks diving?” Mason asked.
A titter ran around the courtroom.
Haggerty said, “Yes,” and then added, “But this was the first time I ever saw one dive stern first.”