“Yes, Your Honor.”
“Very well,” Judge Alvord said, “the district attorney will resume questioning this witness. If the witness answers all questions fairly and willingly the witness will be deemed to have purged himself of the contempt and the sentence will be revoked. Proceed, Mr. District Attorney.”
Hamilton Burger, his face indicating triumphant pleasure, said, “Mr. Elliott, I am going to ask you when you first saw Glamis Barlow on the morning of the thirteenth. Understand now, I am asking you when you first saw her.”
“I didn’t leave her until after midnight,” Elliott said
“Very well. I will amend the question. After you had retired on the morning of the thirteenth, when was the next time you saw Glamis Barlow?”
“It was at eight twenty-five.”
“You’re certain of the time?”
“Yes, sir.”
“And where were you at that time?”
“I was standing at the window of the bedroom I occupied in the Gilman house at 6231 Vauxman Avenue.”
“And you saw Miss Barlow?”
“Yes.”
“Where was she when you saw her?”
“She was emerging from the door of the workshop.”
“Now, so there can be no misunderstanding as to what you mean by workshop, I am asking you to advance to the blackboard and point out the spot you mean on the diagram.”
The witness did so.
Hamilton Burger said, “For the sake of the record, let it be shown that the witness has pointed to the rectangle marked ‘Workshop’ on the diagram, People’s Exhibit B. That is correct, is it, Mr. Elliott?”
“Yes, sir.”
“Now then, what did you see her do?”
Elliott hesitated perceptibly, then said, “She emerged from the door. She looked to right and left, then pulled the door shut, started walking, and then she ran around the house.”
“Around the house? What do you mean?”
“She went in a southerly direction and I lost sight of her as she turned the corner.”
“When did you next see her?” Hamilton Burger asked.
“About ten minutes later.”
“And where did you see her?”
“I heard her voice in the corridor. I opened my bedroom door a crack and I saw her standing there garbed in an exceedingly revealing night garment. She was two thirds facing me and talking with Muriell. I felt that it would be embarrassing...”
“Never mind what you felt,” Hamilton Burger said. “What did you see? What did you do?”
“I gently closed the door so that I would make no noise and so neither of the young women would know that I had seen them.”
“Could you hear any of the conversation?”
“I heard Muriell say that she had been looking for her father and Glamis said sarcastically, ‘In the attic,’ or words to that effect.”
“Cross-examine,” Hamilton Burger said.
Then, before Mason could get to his feet, Hamilton Burger addressed the Court and said, “If the Court please, my next witness is going to be Mr. Perry Mason. Mr. Mason has been served with a subpoena duces tecum to bring certain articles of evidence into court that were surreptitiously and wrongfully removed from the premises at 6231 Vauxman Avenue.
“I am fully aware that it is unusual to subpoena a defense attorney, but the fact remains that where the defense attorney has certain knowledge of facts proving the commission of a crime the defense attorney is a proper witness. I feel, however, that so there can be no delay or misunderstanding, I am entitled to know at this time and before Mr. Mason cross-examines this witness whether he has brought into court the articles referred to in a subpoena duces tecum which was served upon him yesterday.”
Judge Alvord’s face showed some concern. “You are planning to call the defendant’s attorney as a witness against the defendant himself?”
“Yes, Your Honor.”
“Do you have anything to say, Mr. Mason?”
“Yes, Your Honor,” Mason said. “I am entitled to have this case proceed in an orderly manner. I am entitled to cross-examine this witness. When the prosecutor puts me on the stand, if he chooses to do so, I will answer his questions at that time. I have never defied the process of this court or any other court, and there is no occasion for the district attorney to play to the galleries by making an announcement at this time, the effect of which primarily is to alert the press.”
“That’s not true,” Hamilton Burger shouted. “I simply want to know whether I can proceed with my case without—”
“That will do, gentlemen, that will do,” Judge Alvord interrupted. “The Court is inclined to feel that Mr. Mason is entitled at this time to cross-examine this witness. If the prosecutor had addressed the Court at the time the case was first called and asked more assurance as to whether counsel had obeyed a subpoena duces tecum, the Court might have considered the matter. But at this time the Court feels that the inquiry can well be suspended until after Mr. Mason’s cross-examination of the witness, or perhaps until Mr. Mason himself has been called as a witness.”
“Thank you, Your Honor,” Mason said, and turned to look at Paul Drake.
Drake shook his head.
Mason approached the witness. “You have known Glamis Barlow for how long, Mr. Elliott?”
“Some two months.”
“What is your occupation?”
“I am a manufacturer’s agent.”
“You represent several different manufacturers of merchandise?”
“Yes.”
“Within what territory do you operate?”
“The State of California.”
“You have the entire State of California for all of the manufacturers whom you represent?”
“For most of them. For one of them I have only Southern California. I may state that I also have a couple of manufacturers who have given me the states of Washington, Oregon and Nevada as well as California.”
“I see,” Mason said. “Do you have any manufacturers who have included the State of Arizona in your territory?”
“No, sir.”
“Did you have?”
“Yes. I have had. I gave those contracts up because it was unprofitable to work an extra state where I didn’t have enough contracts to make it economically profitable.”
“You move around the state quite a bit then?”
“Yes.”
“And up into Oregon and Washington?”
“Yes.”
“If the Court please,” Hamilton Burger objected, “I fail to see the object of this cross-examination. It appears to me that counsel is simply stalling for time, trying to put off—”
“That will do, Mr. District Attorney,” Judge Alvord ruled. “In view of the very important testimony this witness has given on his direct examination, the Court is certainly going to permit defense counsel to have the widest latitude in the matter of cross-examination. I think these questions go to the background of the witness and I assume they will soon be directed as to the number of times the witness has seen Miss Barlow and for the purpose of determining whether there could have been any mistake.”
Hamilton Burger smiled smugly. “Just let counsel ask this witness how many times he has seen Glamis Barlow and how well he knows her and the prosecution will have no objection, no objection whatever.”
“I think that comment is uncalled for,” Judge Alvord said. “The matter before the Court is an objection on your part and the objection is overruled. Proceed, Mr. Mason.”
Mason said, “Where is your residence, Mr. Elliott? Where do you do your voting?”
“In Redding.”
“In Redding!” Mason said.
“Yes, I have my office there. Much of my business is done by mail and I got started in the business in Redding. I am thinking of opening a Los Angeles office and—”