Judge Markham, veteran judge of the criminal department, who had presided over so many famous murder trials, sat behind the massive mahogany rostrum with an air of complete detachment. Only a skilled observer would have noticed the wary watchfulness with which he filtered the proceedings through his mind.
Claude Drumm, chief trial deputy of the district attorney's office, tall, welltailored, suave, was very much at his ease. Perry Mason had inflicted stinging defeat before but in this case the prosecution was certain of a verdict.
Perry Mason sat at the counsel table, with an air of indolent listlessness about him which marked a complete indifference to the entire case. His attitude was in contrast to the accepted attitude of defense attorneys, who make a practice of vigorously contesting every step of the case.
Claude Drumm exercised his second peremptory challenge. A juror left the box. The clerk drew another man, and a tall, gaunt individual, with high cheekbones and lackluster eyes, came forward, held up his right hand, was sworn, and took his seat in the jury box.
"You may inquire," said Judge Markham to Perry Mason.
Perry Mason glanced over at the juror casually.
"Your name?" he said.
"George Smith," said the juror.
"You've read about this case?"
"Yes."
"Formed or expressed any opinion from what you have read?"
"No."
"You don't know anything about the facts of the case?"
"Nothing except what I've read in the papers."
"If you are selected as a juror to try this case could you fairly and truly try the defendant and render a true verdict?"
"I could."
"Will you?"
"I will."
Perry Mason slowly got to his feet. His examination of the jurors had been startlingly brief. Now he turned to this newest addition to the jury box and regarded the man frowningly.
"You understand," he said, "that you are to act as a judge of the facts, if you are selected as a juror in this case, but that, so far as the law is concerned, you will accept the law in the instructions given you by the Court?"
"I do," said the juror.
"In the event the Court should instruct you," said Perry Mason slowly and solemnly, "that under the law of this state it is incumbent upon the prosecution to prove the defendant guilty beyond all reasonable doubt, before a juror can conscientiously return a verdict of guilty, and that, therefore, it is not necessary for the defendant to take the witness stand and testify in her own behalf, but she may remain mute and rely upon the fact that the prosecution has failed to prove her guilty beyond all reasonable doubt, could you and would you follow such instruction of the Court and accept it as law?"
The juror nodded his head.
"Yes," he said, "I think I could, if that's the law."
"In the event the Court should further instruct you that such a failure on the part of the defendant to take the witness stand and deny the charges made against her was not to be considered in any way by the jury in arriving at its verdict and was not to be commented upon in connection with the discussions of the case, could you and would you follow such an instruction?"
"Yes, I guess so."
Perry Mason dropped back in his chair and nodded his head casually.
"Pass for cause," he said.
Claude Drumm asked that grim question which had disqualified many of the jurors:
"Have you," he said, "any conscientious scruples against the return of a verdict which would result in the penalty of death for the defendant?"
"None," said the man.
"If you are on the jury which tries this case," said the deputy district attorney, "there would be no conscientious scruples which would prevent you returning a verdict of guilty in the event you thought the defendant had been proven guilty beyond all reasonable doubt?"
"No."
"Pass for cause," said Claude Drumm.
"The peremptory," said Judge Markham, "is with the defendant."
"Pass the peremptory," said Perry Mason.
Judge Markham nodded his head toward Claude Drumm.
"Let the jury be sworn," said the deputy district attorney.
Judge Markham addressed the jury.
"Gentlemen," he said, "arise and be sworn to try this case. And may I congratulate counsel upon the very expeditious manner in which this jury has been selected."
The jury were sworn. Claude Drumm made an opening argument — brief, forceful and to the point. It seemed that he had stolen a leaf from the book of Perry Mason, and was determined to skip over all preliminaries, directing his attention upon one smashing blow.
"Gentlemen of the jury," he said, "I propose to show that on the night of the seventeenth of October of this year, Clinton Forbes was shot to death by the defendant in this case. I shall make no secret of the fact that the defendant had a grievance against the deceased. I shall not try to minimize that grievance. I shall put the facts entirely before you, freely, openly and frankly. I propose to show that the decedent was the husband of this defendant; that the parties had lived together in Santa Barbara until approximately a year before the date of the decedent's death; that the decedent had then surreptitiously departed without advising the defendant where he intended to go, and that the decedent took with him one Paula Cartright, the wife of a mutual friend; that the parties came to this city, where Forbes established a residence at 4889 Milpas Drive, under the name of Clinton Foley, and that Paula Cartright posed as Evelyn Foley, the wife of the deceased. I propose to show that the defendant in this case purchased a Colt automatic of thirtyeight caliber; that she devoted more than one year of her life to a careful and painstaking search, trying to locate the decedent; that shortly before the date of the murder, she located the decedent, and that she then came to this city and engaged a room in a downtown hotel, under the name of Mrs. C. M. Dangerfield.
"I expect to show that on the night of October 17th, at the hour of approximately twentyfive minutes past seven, the defendant arrived at the house occupied by her husband; that she used a skeleton key to pick the lock of that house, and entered the corridor; that she encountered her husband and shot him down coldbloodedly; that she then departed by taxicab and discharged the cab in the vicinity of the Breedmont Hotel, the hotel where she was registered under the name of Dangerfield.
"I propose to show that when she left the taxicab, she inadvertently left behind her a handkerchief. I propose to show that this handkerchief is undoubtedly the property of the defendant; that the defendant, recognizing the danger of leaving behind so deadly a clew, sought out the driver of the taxicab and had the handkerchief returned to her.
"I propose to show that the weapon which was purchased by the defendant, and for which she signed her name on the register of firearms, as kept by a sporting goods dealer in Santa Barbara, California, was the same weapon with which the deadly shots were fired. Upon this evidence I shall ask the jury to return a verdict of guilty of murder in the first degree."
During the speech, Claude Drumm did not raise his voice, but spoke with a vibrant earnestness that compelled the attention of the jurors.
When he had finished, he walked to the counsel table and sat down.
"Do you wish to make your opening address at this time, or to reserve the right?" asked Judge Markham of Perry Mason.
"We will make it later," said Perry Mason.
"Your Honor," said Drumm, getting to his feet, "it is usually a task of several days, or a day at least, to impanel a jury in a murder case. This jury has been impaneled within a very short time. I am taken somewhat by surprise. May I ask for an adjournment until tomorrow?"
Judge Markham shook his head and smiled.
"No, Counselor," he said. "The Court will proceed to hear the case. The Court happens to know that the present counsel for the defense makes a habit of expediting matters very materially. The Court feels that there is no use wasting the balance of the day."