“I am referring to a conversation which took place between the decedent and this witness,” Flanders said, “relating to statements which were made by Mr. Mason as attorney for this defendant.”
Judge Elmer shook his head. “Unless you can show that this conversation was communicated to the defendant, or that she was present, or heard the conversation, the objection will be sustained.”
“Very well,” Flanders said. “Now, did you have any conversation with the defendant personally about this shoe box filled with money?”
“I most certainly did.”
“Who was present at that conversation?”
“The defendant, Perry Mason acting as her attorney, and Miss Della Street, Perry Mason’s secretary.”
“And what was said?”
“I told her that there was no shoe box filled with money in the safe at the office as she had advised me was the case.”
“And what did she have to say with reference to that?”
“Nothing, except to insist that my son had given her a shoe box.”
“Your son is how old?”
“Seven years old.”
“His name?”
“Carleton.”
“And when did the defendant tell you the shoe box had been given to her?”
“She said that morning at the office Carleton, accompanied by his governess, Elizabeth Dow, had delivered the shoe box to her; that she had inspected it and found that it was filled with hundred-dollar bills.”
“Cross-examine,” Flanders said.
“You went to the office before this conversation you had with us to search for that shoe box?” Mason asked.
“I did.”
“Why?”
“She told me that my son had given it to her and stated that it was mine. I certainly wanted to investigate, both as a father and as an official of the company.”
“And you were unable to find any such shoe box in the safe?”
“That is right.”
“You opened the safe to look?”
“Yes.”
“Was anyone with you?”
“No.”
“Then it is only your word against hers.”
Endicott Campbell gave himself the luxury of a triumphant grin. “So far, Mr. Mason,” he said sarcastically, “it is my word against hers, and so far, at least, I am not accused of killing anyone to cover my defalcations.”
Mason bowed. “So far,” he said. “Thank you, that’s all for the moment.”
“Call your next witness,” Judge Elmer said.
“Call Elizabeth Dow,” Flanders said.
Elizabeth Dow, a woman who had an angular figure which she made no attempt to improve in any way, came striding flat-footed to the witness stand. She sat with immobile features as she awaited questions after giving her name, address, and occupation.
“You are familiar with Carleton Campbell, the seven-year-old son of Endicott Campbell, the witness who has just testified?”
“Yes.”
“Do you have some official connection with him?”
“I am his governess.”
“Were you such on Saturday, the third of this month?”
“Yes.”
“Did you take him to the office of the Corning Mining Company on the morning of the third?”
“I did.”
“Who was there?”
“Susan Fisher, the defendant.”
“Was there some conversation between Susan and Carleton?”
“Yes.”
“You overheard this conversation?”
“Yes. Some of it.”
“Was Carleton carrying anything when he came to the office?”
“Yes.”
“What was it?”
“A shoe box.”
“Do you know of your own knowledge what was in that shoe box?”
“I do.”
“What was it?”
“A pair of black patent-leather dress shoes belonging to Endicott Campbell.”
“How do you know what was in there?”
“There was some conversation before we left the house between Carleton and his father about a treasure box and Carleton asked his father if he could trade treasures. Carleton thought he had his father’s permission to take this shoe box.”
“There was only the one box?”
“That’s right, only the one box that Carleton took from the house.”
“Now, how do you know what was in it?”
“After we were in the automobile I took occasion to untie the box when Carleton was not looking. I wanted to find out just what was in it because naturally I felt in a way responsible.”
“What was in it?”
“As I have stated, just a pair of black shoes.”
“That’s all. You may inquire,” Harrison Flanders said with a little bow to Perry Mason.
“You were driving the car at the time?” Mason asked.
“I was not driving the car,” she said. “I was in the car behind the steering wheel. I started the car, then I asked Carleton where his coat was. He had forgotten and left it in the house. I told him to go and get it. While he was in the house getting the coat I took occasion to untie the box.”
“The box was tied up?”
“Yes.”
“What was it tied with?”
“Some sort of a cord. I think it was a piece of fish line.”
“And you looked inside the box?”
“I did.”
“And then tied it up again?”
“Yes.”
“And from there, where did you drive?”
“Directly to the office.”
“Why did you go to the office?”
“I knew that the defendant intended to be there and I wanted to ask her to keep an eye on Carleton while I did some personal errands. I asked her to do that as a favor to me.”
“And she consented?”
“Yes.”
“Now, is there any chance that the shoe box could have been substituted at any time?”
“Not before we got to the office, no, sir. Carleton had that same shoe box with him and took it into the office. Any substitution would necessarily have been made by the defendant.”
“That’s all,” Mason said.
“Call Frank Golden,” Flanders said.
Golden was sworn and gave his occupation as proprietor of a branch of the We Rent M Car Company.
“Directing your attention to Sunday, the fourth of this month, did you see the defendant?”
“I did.”
“Did you have any conversation with her?”
“Yes.”
“And did you complete any transaction with her?”
“Yes.”
“What was the transaction?”
“I rented her one of our units, a car designated on our books as Car Number 19.”
“What time did you rent that car to her?”
“At six thirty.”
“And did she return it to you?”
“Yes.”
“At what time?”
“Our records show that it was eight fifteen.”
“And that car was designated on your books as Car Number 19?”
“Yes.”
“Is there a number painted on that car?”
“There is. It is rather inconspicuous but it has a painted figure of Number 19.”
“Later on that evening did you have occasion to rent that car to anyone else?”
“Yes.”
“Who?”
“To Mr. Perry Mason, the attorney for the defendant.”
“What time was that?”
“Just before I was closing. Sometime around — oh, a few minutes before eleven. I put it on the books as ten-thirty because that’s the official time of closing.”
“When you saw the defendant how was she dressed?”
“She was wearing a raincoat, a sweater, slacks, and a man’s hat; a broadbrimmed hat that was pulled down over her eyes. I thought at first she was a man but after she talked with me I saw, of course, she was a woman. And then of course I identified her from her driver’s license.”