"Very well," said Claude Drumm with calm dignity, "I shall establish the corpus delicti, by calling Thelma Benton. May it please be understood that I am calling her at this time only for the purpose of establishing the corpus delicti. I shall examine her in greater detail later on."
"Very well," said Judge Markham, "that will be the understanding."
Thelma Benton came forward, held up her hand and was sworn. She took the witness stand and testified that her name was Thelma Benton; that her age was twentyeight; that she resided in the Riverview Apartments; that she had been acquainted with Clinton Forbes for more than three years; that she had been in his employ as a secretary in Santa Barbara, and that she was with him when he left Santa Barbara, and came with him to the residence at 4889 Milpas Drive, where she became his housekeeper.
Claude Drumm nodded.
"Did you have occasion, on the evening of October 17th of this year," he asked, "to see a dead body in the house at 4889 Milpas Drive?"
"I did."
"Whose body was that?"
"It was the body of Clinton Forbes."
"He had rented that house under the name of Clinton Foley?"
"He had."
"And who resided there with him?"
"Mrs. Paula Cartwright, who went under the name of Evelyn Foley and posed as his wife; Ah Wong, a Chinese cook, and myself."
"There was also a police dog?"
"There was."
"What was the name of the dog?"
"Prince."
"How long had Mr. Forbes owned this police dog?"
"Approximately four years."
"You had become acquainted with the dog in Santa Barbara?"
"I had."
"And the dog accompanied you to this city?"
"He did."
"And you, in turn, accompanied Mr. Forbes and Mrs. Cartright?"
"I did."
"At the time you saw the dead body of Clinton Forbes, did you also see the police dog?"
"I did."
"Where was the police dog?"
"In the same room."
"What was his condition?"
"He was dead."
"Did you notice anything which would indicate to you the manner of death?"
"Yes, the police dog had been shot, and Mr. Forbes had been shot. There was a.38 Colt automatic lying on the floor. There were also four empty cartridges on the floor of the room, where they had been ejected by the automatic mechanism of the weapon."
"When did you last see Clinton Forbes alive?"
"On the evening of October 17th."
"At approximately what hour?"
"At approximately the hour of sixfifteen o'clock in the evening."
"Were you at the house after that hour?"
"I was not. I left at that time, and Mr Clinton Forbes was alive and well then. The next time I saw him he was dead."
"What did you notice about the condition of the body?" asked Drumm.
"You mean about the shaving?"
"Yes."
"He had evidently been shaving. There had been lather on his face, and some of it still remained. He was in the library of his house, and there was a bedroom adjoining the library, and a bathroom adjoining the bedroom."
"Where was the dog kept?"
"The dog," said Thelma Benton, "had been kept chained in the bathroom since the time when a complaint was made by a neighbor."
"I think," said Claude Drumm, "that you may crossexamine upon the matters thus far brought out in evidence."
Perry Mason nodded his head languidly. The eyes of the jurors shifted to him.
He spoke in a deeply resonant voice, but without emphasis, and in a low tone.
"The complaint was made that the dog was howling?" he asked, almost conversationally.
"Yes."
"By the next door neighbor?"
"Yes.
"And that neighbor was Mr. Arthur Cartright, the husband of the woman who was posing as the wife of Clinton Forbes?"
"Yes."
"Was Mrs. Cartright in the house at the time of the murder?"
"She was not."
"Where was she, if you know?"
"I don't know."
"When did you last see her?"
Claude Drumm was on his feet.
"Your Honor," he said, "it is obvious that this will be a part of the case of the defendant. It is improper crossexamination at this time."
"Overruled," said Judge Markham. "I will permit the question because you asked, on direct examination, about the various occupants of the house. I think the question is proper."
"Answer the question," said Perry Mason.
Thelma Benton raised her voice slightly and spoke rapidly.
"Paula Cartright," she said, "left the house on the morning of the 17th of October. She left behind her a note stating that…"
"We object," said Claude Drumm, "to the witness testifying as to the contents of the note. In the first place, it is not responsive to the question. In the second place, it is not the best evidence."
"No," said Judge Markham, "it is not the best evidence.
"Where then," asked Perry Mason, "is the note?"
There was a moment of awkward silence. Thelma Benton looked toward the district attorney.
"I have it," said Claude Drumm, "and intend to introduce it later on."
"I think," said Judge Markham, "the crossexamination upon this point has proceeded far enough, and that the question as to the contents of the note will not be permitted."
"Very well," said Perry Mason, "I think that is all at this time."
"Call Sam Marson," said Claude Drumm.
Sam Marson was sworn, took the witness stand, testified that his name was Sam Marson; that his age was thirtytwo; that he was a taxicab driver, and had been such on the 17th of October of the present year.
"Did you see the defendant on that date?" asked Claude Drumm.
Marson leaned forward to stare at Bessie Forbes, who sat in a chair directly back of Perry Mason, flanked by a deputy sheriff.
"Yes," he said, "I seen her."
"When did you first see her?"
"About ten minutes past seven."
"Where?"
"In the vicinity of Ninth and Masonic Streets."
"What did she do?"
"She signaled me, and I pulled in to the curb. She told me she wanted to go to 4889 Milpas Drive. I took her out there and then she told me to go and ring up Parkcrest 62945 and ask for Arthur, and tell him to go over to Clint's house right away, because Clint was having a showdown with Paula."
"Very well, what did you do?" asked Claude Drumm.
"I took her there and went and telephoned, like she said, and then I came back.
"Then what happened?"
"Then she came out and I took her back to a place right near the Breedmont Hotel, and she got out."
"Did you see her again that night?"
"Yes."
"When?"
"I don't know. Near midnight, I guess. She came up to the taxicab and said that she thought she'd left the handkerchief in the cab. I told her she had, and gave it to her."
"She took it?"
"Yes."
"And that was the same person you had taken out to the residence at 4889 Milpas Drive?"
"Yes, that was the one."
"And you say that is the defendant in this case?"
"Yes. That's her."
Claude Drumm turned to Perry Mason.
"You may crossexamine," he said.
Perry Mason raised his voice slightly.
"The defendant left a handkerchief in your taxicab?"
"Yes."
"What did you do with it?"
"I showed it to you, and you told me to put it back."
Claude Drumm chuckled.
"Just a moment," said Perry Mason. "You don't need to bring me into this."
"Then keep yourself out of it," said Claude Drumm.
Judge Markham banged with his gavel.
"Order!" he said. "Counselor, did you wish to ask to have that answer stricken out?"