"Oh, but he wouldn't have doneanything like that. He wouldn't have been that low."
"Don't kid yourself,"Mason said. "He came to my office and tried to get me to finance him bygetting your husband to put in money to avoid the publicity."
Her mouth sagged open. "Why …why – Well, of all things!"
"You had no idea of that?"
"No."
"All right," Mason said."You've told me about your background and about what happened when you gotinto that storeroom. Now, don't tell anyone else. Make absolutely no comment toanybody about anything."
"But it will all have to comeout now," she said. "My association with Gideon and -"
"No, it won't," Masonsaid. "Not necessarily. I'm going to put up a fight. I'm forcing the stateto an immediate preliminary examination and we'll see just how much of a casethey've got against your husband."
"I'm afraid it's a perfectlydevastating case," she said, "even if they don't know everythingabout the background."
"They won't necessarily try toprove motivation at a preliminary hearing," Mason said. "Where didyou get the gun?"
"My husband got it."
"Where? When?"
"He bought it several yearsago."
"From a friend or from afirearms dealer?"
"I believe from a firearmsdealer. He wanted a gun to keep in the house."
"All right," Mason said,"we'll do the best we can. You sit tight and make absolutely no commentabout anything. As far as possible adopt the position that you are tooprostrated to submit to interviews. Don't let any newspapermen in the house,don't answer the telephone yourself, and if you should be cornered by anyperson who wants an interview, don't let that person trap you into making anystatement of any sort other than the two words 'no comment'. Use those wordswhenever you open your mouth. Think you can do that?"
"Yes, of course."
"It's not going to be as easyas you think," Mason said. "They'll suddenly throw questions at youor make definite assertions of things that aren't true and try to catch you bysurprise. Simply remember and say 'no comment' and keep saying 'no comment'. Inthat way you can help your husband. Otherwise you may inadvertently hurthim."
"I'll try," she said.
Chapter 19
Judge Romney Saxton took hisposition on the bench and said, "The case of the People of the State of California versus Horace Warren. This is a preliminaryexamination for murder. Is the case ready to be heard?"
"Ready for the defence,"Perry Mason said.
Hamilton Burger got to his feet."If the Court please, in announcing that we are ready for the prosecutionI wish to state . that my trial deputy, Alpheus Randolph, will assist me inpresenting the case.
"I am aware that an openingstatement is not usually made in connection with a preliminary hearing. I amalso aware my personal appearance in a preliminary examination is highlyunusual, but this is an unusual case. Because of the peculiar circumstancessurrounding this hearing, I desire to make a statement to the Court so that theCourt will understand the purpose of the evidence we are introducing and how itfits into an overall pattern.
"We have, for instance, beenunable to find a motivation for murder in the evidence in this case except byimplication and by circumstantial evidence.
"We propose to introduce thatcircumstantial evidence and let the Court draw its own conclusions.
"We shall be able to show thaton the night of the third of this month an attempted murder was committed inconnection with the hold-up of the main branch of the Pacific NorthernSupermarket in this city There were two witnesses who saw the murderer.
"Mr Perry Mason, who is theattorney for the defendant in this case, employed an artist to make a sketch ofthe decedent this was done in advance of any interview with those witnesses andbefore hearing any description given by those witnesses.
"The circumstantial evidenceindicated conclusively that Mr Mason intended to use this to exert pressure tobear on the decedent, Collister Gideon.
"Gideon had been convicted of afelony previously and had but recently been released from the federal prison.Knowing that a person of Mr Mason's influence was intending to frame anattempted murder charge on him, he could conceivably have been expected topanic."
"Now, just a minute,"Judge Saxton interrupted. "This is a serious charge. Are you intimatingthat Mr Mason was framing an attempted murder case on the decedent?"
"That is what I said, YourHonour."
"And that he tampered with thetestimony of witnesses?"
"That is my charge and I expectto prove it by way of motivation."
"That is a most seriouscharge," Judge Saxton said.
"The proof will substantiatethe charge," Hamilton Burger asserted.
Judge Saxton's mouth set in a grimline. "Very well," he said. "Proceed with your statement."
"We will prove," HamiltonBurger went on, "that the decedent, Collister Gideon, was killed by athirty-eight calibre revolver which was found in the possession of thedefendant, that the defendant was found hiding at the scene of the murder. Onthe strength of that evidence we will ask for an order binding the defendantover to the Superior Court for trial."
"Very well," Judge Saxtonsaid. "Does the defence wish to make an opening statement?"
Perry Mason gpt to his feet."The defence wishes to make this statement The defendant is presumedinnocent until he is proven guilty. I am presumed innocent until I have beenproven guilty.
"The defence would like to havethe Court keep in mind that any suggestion made to a witness is not necessarilyan unlawful attempt to get a witness to falsify his testimony."
"I don't think you need toworry abut this Court understanding the fundamentals of criminal law, Mr.Mason. The People will proceed."
Hamilton Burger said, "If theCourt please, under the unusual circumstances of this case, I am going to callMr Drew Kearny as my first witness because I want to lay the foundation forshowing the motivation in this case."
"Do I understand Mr Kearny's testimonygoes to motivation?"
"Yes, Your Honour."
"In what way?"
"We propose to show that thedefendant, through his attorney, Perry Mason, was trying to frame an attemptedmurder charge on Collister Gideon, the decedent in this case."
"The Court is very muchinterested in that evidence," Judge Saxton said. "Mr Drew Kearny willcome forward and be sworn."
Kearny came forward, held up his right hand, wassworn, gave his name, address, his occupation.
"You have a store in thiscity?"
"A small store, yes sir. I havea store and shop combined. I do electrical repair work and sell some electricalgoods."
"Now, do you have occasion toremember the third of this month?"
"I do, yes, sir."
"Where were you on thatdate?"
"Well, actually it was just afew minutes past midnight so I suppose technically it was on the morning of thefourth," Kearny said. "I had been to a late movie and was walkinghome."
"Are you familiar with thelocation of the Pacific Northern Supermarket at 1026 Haliston Avenue?"
"I am, yes, sir."
"Did your route take you pastthat supermarket?"
"It did. Yes, sir."
"While you were there didanything unusual happen?"
"Yes, sir."
"What?"
"The front door of the marketopened, a man came running out and almost collided with me."
"Then what happened?"
"This man held a revolver inhis hand. He put the revolver in front of me and told me to put up myhands."
"What did you do?"
"I put up my hands."
"Did the man make any otherstatements?"
"I had assumed it was a hold-upand -"
"Never mind what you hadassumed. The question is Did the man make any other statements?"
"Yes, sir."
"What did he say?"
"He said, 'Keep them up.'"
"Then what did he do?"
"He started backing away fromme, moving rather rapidly backwards until he was nearly two-thirds of the wayacross the street. Then he suddenly turned and ran as fast as he could down thealley."