“I heard what you said,” Della Street remarked.
“You should have heard what I was thinking,” Drake said, then added hurriedly, “No, you shouldn’t either.”
Mason said, “Well, there’s only one thing to do now. I’ll have to sit in on the preliminary and try every trick of cross-examination to look for a weak spot in the prosecution’s case. It’s a cinch the defendants’ case won’t stand up.”
Chapter 17
Hamilton Burger, the big, barrel-chested district attorney, who managed to clothe himself with an air of unctuous dignity in keeping with his concept of the office he held, arose as soon as the case had been called, and said, “I wish to make a few preliminary remarks, Your Honor.”
“Very well,” Judge Lennox said.
“I wish to object to Perry Mason as attorney for the defendants in this case. I believe the Court should disqualify him from appearing as such attorney.”
“On what grounds?”
“Mr. Mason is a witness for the prosecution. Lie has been subpoenaed by the People as a witness. I expect to call him and examine him as such.”
“Mr. Mason is a witness for the prosecution?” Judge Lennox asked incredulously.
“Yes, Your Honor.”
“That’s rather unheard of, for an attorney for the defense—”
“Nevertheless, Your Honor, I have carefully gone over the legal grounds,” Hamilton Burger said, “and Mr. Mason is fully competent as a witness. He is the main witness on whom I must rely to prove a very important link in the chain of evidence. I expect to call him as my witness. He is under subpoena and he is, therefore, a necessary witness in the case. I can assure the Court and Counsel that I consider him a most important witness.”
“Have you been subpoenaed, Mr. Mason?” Judge Lennox asked.
“Yes, Your Honor. A subpoena was served on me.”
“And you are appearing as attorney for both defendants?”
“That’s right.”
“Your Honor,” Hamilton Burger said, “I am proceeding jointly against both Morris Alburg and Dixie Dayton on a charge of first-degree murder, and I expect to be able to prove that they not only conspired to bring about the death of George Fayette, but they committed an overt act in furtherance of that conspiracy, and thereafter they did actually murder George Fayette.
“I hold no particular brief for the decedent. His record, as the defendants will probably attempt to show, is not that of an estimable citizen, but rather is interspersed with occasional tangles with the law. There are also intervals during which we are unable to account for where he was or what he was doing. It is quite possible that the defendants thought Fayette might be endeavoring to blackmail them in connection with another crime which, of course, Your Honor, is entirely separate and apart from this present case, except that evidence will be introduced for the purpose of showing motivation.”
“You are, of course, aware of the fact that there can be no evidence of another crime, Mr. District Attorney. The defendants are called upon to meet one accusation and...”
“And that rule, Your Honor,” Hamilton Burger interrupted firmly and positively, “is subject to the well-recognized exception that when evidence of motive has to do with another crime, that evidence is perfectly admissible.”
Judge Lennox said, “I have always enforced the rule rather strictly in this court. I think there is a tendency at times to relax this rule far too much. Quite often, under the guise of proving motivation or a similar pattern of crimes, an attempt is made to prejudice, the defendant.”
“I understand, Your Honor, but when you hear the evidence in this case I think you will realize that it falls well within the exception, and that the prosecution is amply justified in introducing evidence of another crime, the murder of a policeman who...”
“Another murder?” Judge Lennox interjected.
“Yes, Your Honor.”
“By both defendants?”
“No, Your Honor. By the defendant Dayton. That is, she was involved in the murder of a young police officer, and it was because of an attempt to cover up her connection with that crime that this murder took place... It may well be that the decedent, George Fayette, was blackmailing her in connection with that other murder.”
“Well,” Judge Lennox said, “this presents an interesting situation. Now, let’s get back to discussing one thing at a time. You object to Perry Mason appearing as attorney for the defendants?”
“Yes, Your Honor.”
“What do you have to say with reference to that, Mr. Mason?”
“I say it’s none of his business,” Mason said curtly.
Judge Lennox flushed.
“Without meaning any disrespect to the Court,” Mason added. “I’ll handle my own business, and the district attorney can handle his.”
“It’s unethical,” Burger said.
“You watch your ethics, and I’ll take care of mine,” Mason snapped.
“Come, come, gentlemen,” Judge Lennox said. “Let’s not have personalities interjected in this case. Do you think Mr. Mason is disqualified, Mr. District Attorney?”
“I think he should disqualify himself.”
“There is no specific statute against it?”
“It is a matter of good taste and good ethics.”
“We’ll discuss ethics at the proper time and the proper place,” Mason said. “As far as good taste is concerned, I now have a matter of my own to present. I submit to Your Honor that when a district attorney influences a young woman, who is one of my witnesses, to resign her position, hurl an accusation at her employer that he is trying to get her to perjure herself, and arranges to have the press present while she is so accusing her employer in a telephone conversation — that when he bribes the young woman to take such a step by seeing that she is offered a position in one of the county offices at a greater salary...”
“I object to the use of the word ‘bribe,’” Hamilton Burger said.
“Pardon me,” Mason said with elaborate sarcasm. “Perhaps I should have said that you influenced her to take such a step.”
“I didn’t do any such thing,” Hamilton Burger said. “She did whatever she did of her own free will and accord.”
“You’d arranged for the job in the county office before she picked up the telephone to submit her resignation,” Mason said.
Hamilton Burger said, “Nonsense.”
“Deny it,” Mason challenged.
“I don’t have to.”
“You don’t dare to.”
Judge Lennox banged his gavel. “Now, gentlemen, I don’t know what this is all about. I haven’t read the papers in connection with this case, but obviously there is acrimonious feeling between Counsel. I want it controlled. I want Counsel to confine themselves to the trial of the case. You go ahead, Mr. District Attorney, and put on your first witness, and the Court will rule on matters as they come up.”
“Specifically, I object to Mr. Mason appearing as attorney in the case.”
“Is there any law that disqualifies me?” Perry Mason asked.
“As I have previously pointed out to the Court, it’s a matter of ethics.”
Mason said to Judge Lennox, “If the district attorney wishes to set himself up as an arbiter of good taste and good ethics, I submit that using an offer of county employment to get a young woman to quit her position and make a public accusation...”