“The prosecution intends to show that the defendant, Stephanie Falkner, had an appointment with George Casselman. She went to keep that appointment by entering the front door of Casselman’s apartment. Sometime later she was seen surreptitiously leaving the apartment by way of the back door.
“We expect to show you that she stepped in the blood of her victim, that she went to the bathroom and tried to wash the blood from her shoe. She left a footprint etched in blood on the floor, and she left towels in the bathroom that bore traces of human blood and bits of material which came from her shoe.
“Her friend, Homer Garvin, tried to cover up the traces of her crime and did obliterate much of the evidence. For that he will in due time be tried, but enough evidence remains to convict this defendant.
“We expect to prove with mathematical certainty that the gun with which the murder was committed was in the possession of the defendant. An ingenious device was used by her attorney, Perry Mason, to confuse the issues on that point, but bear well in mind that the fatal weapon was found in her possession. Let her explain how that came about if she can.
“Mr. Perry Mason, the attorney who is representing both this defendant and Homer Garvin, has not been indicted as an accessory or an accomplice at this time. However, he has not been granted any immunity. We will ask you, ladies and gentlemen, to weigh the evidence and bring in a verdict of first-degree murder against this defendant. After that verdict is in, you may leave it to us to take such additional steps as will deal with the persons responsible for juggling evidence and obstructing the administration of justice. You are not to concern yourselves with that aspect of the case except as it shows certain things which explain the physical facts. Your sole concern is as to whether this defendant murdered George Casselman.
“We shall expect a just verdict and a fair verdict at your hands.”
Hamilton Burger turned with dignity and walked back to his seat at the counsel table.
Judge Hilton Decker looked at Perry Mason.
“Does the defense wish to make an opening statement now, or wait until later?”
“We will wait,” Mason said.
“Call your first witness, Mr. Prosecutor,” Judge Decker said.
Hamilton Burger’s chief trial assistant, Guy Hendrie, took charge and called as the prosecution’s first witness one of the radio officers who had entered the Casselman apartment and who described briefly the body on the floor, the pool of blood, and the fact that the Homicide Squad had been promptly notified.
There was no cross-examination.
The prosecution’s next witness was Sgt. Holcomb, who took the stand with an air of importance, testified to his connection with the Homicide Squad, the fact that he had arrived at the scene, had been in charge, had directed the taking of photographs, and eventually the removal of the body, that thereafter fingerprint men had been instructed to try to develop latent fingerprints.
Again there was no cross-examination.
The photographer who had taken the pictures was sworn and the various pictures were introduced in evidence, including a color picture of the bloodied footprint on the floor.
Again there was no cross-examination.
Judge Decker glanced sharply at Mason, started to say something, then changed his mind.
The autopsy surgeon testified to the nature of the wound and the course of the bullet. The wound, he explained, was what was known as a contact wound. He stated that the one shot had been almost instantly fatal, although there had been a brief period of unconsciousness during which there had been a very large internal and external hemorrhage. He identified the fatal bullet which had been recovered from the body of the decedent.
He fixed the time of death as being probably between seven o’clock in the evening of the seventh of October and midnight. He had performed an autopsy at noon of the eighth and he fixed the probable time of death as between twelve and seventeen hours prior to the autopsy although he was inclined to consider fifteen to sixteen hours prior to the autopsy as being the most logical time.
Again Mason failed to ask any questions on cross-examination.
At that point, Guy Hendrie recalled Sgt. Holcomb to the witness stand.
“I am showing you herewith a certain Colt revolver of .38 caliber, and I will ask you if you have seen that gun before?”
“Yes, sir. I have.”
“When did you first see it?”
“On the eighth of October, around eleven forty-five o’clock of that day.”
“Where did you first see it?”
“In the apartment of Stephanie Falkner, the defendant in this case.”
“Where was it in that apartment?”
“Lying upon a table near the center of the room.”
“Did you take or did you cause a photograph to be taken of the apartment?”
“I did, yes, sir.”
“And does that photograph show where the gun was found?”
“Yes, sir.”
“Do you have a print of that photograph with you?”
“Yes, sir.”
Sgt. Holcomb produced a photograph.
“We ask that it be received in evidence,” Hendrie said.
“Just a moment,” Mason said, “I would like to ask a question of the witness in connection with this photograph.”
The jurors, impressed by the fact that this was the first attempt Mason had made to cross-examine a witness, turned to regard him with considerable interest.
“This photograph shows a weapon on the table, Sergeant,” Mason said.
“Yes, sir.”
“Is that the same weapon which you have identified?”
“Yes, sir.”
“Is that weapon in the same position in which you found it?”
“Yes, sir.”
“Then the photograph must have been taken before the weapon was moved?”
Sgt. Holcomb hesitated a moment, crossed his legs. “Well, the weapon was picked up, examined, and then returned to the same place where it had been found.”
“Who examined it?”
“I did.”
“Anyone else?”
“Lt. Tragg of Homicide was with me at the time.”
“And of what did the examination consist?”
“We broke open the cylinder, we saw that there was an empty cartridge directly underneath the firing pin, we smelled the barrel.”
“Did you dust it for fingerprints?”
“Yes.”
“And then what?”
“Then the weapon was returned to the exact position in which it had been found so that it could be photographed.”
“And then this photograph was taken?”
“Yes, sir. That is right.”
“Now if you know,” Mason asked, “was any attempt made to connect the fatal bullet in this case with this weapon?”
“Just a moment,” Hamilton Burger said. “That is going to be proven by my next witness. I will have the ballistic expert on the stand, and he can be cross-examined.”
“That’s quite all right,” Mason said. “All I am asking this witness is whether such an examination was made?”
“Yes, sir.”
“When?” Mason asked.
“Shortly after the weapon was recovered. I don’t know exactly the time, but it was within a few hours.”
“What do you mean by a few hours?” Mason asked.
“Just a short time, a very brief interval.”
“As much as twenty-four hours?” Mason asked.