“Put on your witness,” Judge Romley interrupted.
“Miss Adele Adams,” Scudder said.
A trim-figured young woman walked forward, held up a gloved hand, was sworn, and took the witness stand.
“Your name is Adele Adams? You are a telephone operator. and on the evening of the sixth you were employed as telephone operator and were, at that time, in the discharge of your duties, sailing on the ship of which Captain Joe Hanson is the captain, and on which there were traveling as passengers one Carl Newberry and wife?”
“Yes, sir.”
“I will call your attention to the defendant and ask you if you have ever seen her before.”
“Yes, sir, she was on the ship as Mrs. Newberry.”
“Now, directing your attention to the evening of the sixth, at approximately the hour of nine o’clock in evening, did anything unusual happen at that time?”
“Yes, sir, a woman called in on the line from the social hall and said...”
“Just a moment,” Mason interrupted, “we object to anything which was said over the telephone as hearsay.”
“I don’t wish to ask for any conversation which took place over the telephone outside of the presence of this defendant,” the deputy district attorney said, “which will be binding upon the defendant. I am only asking now, if the Court please, to show the identity of the person placing the telephone call.”
“The Court will not permit the witness to testify as to what was said,” Judge Romley ruled.
“Would you recognize the voice of that person who placed the telephone call which you have characterized as unusual if you heard it again?”
“I would.”
“Have you heard that voice again?”
“I have.”
“Whose voice is it?”
“Objected to,” Mason said. “Incompetent, irrelevant, immaterial. Apparently this entire procedure is either for the purpose of intimidating the witness the Prosecutor is about to call, or else for the purpose of impeaching his own witness.”
“I think it is of the res gestae,” the Prosecutor argued.
“The objection will be sustained,” Judge Romley ruled. “As the Court sees it, this testimony should be received only by way of impeachment.”
“Very well,” Scudder said with bad grace, you may leave the stand, Miss Adams.”
Mason’s voice was clear and steady. “If Della Street put in that telephone call,” he said, “you have only to ask her and she’ll tell you the truth.”
“I don’t need your advice,” Scudder snapped.
Judge Romley said in a tired voice, “That will do, gentlemen. If there is to be any more repartee between Counsel, the Court will restrict all remarks of Counsel to examination of witnesses and arguments made to the Court.”
“Miss Della Street,” Scudder said savagely.
A door opened, and a deputy escorted Della Street into the courtroom. Her face was expressionless. Her eyes avoided those of Perry Mason as she was being sworn.
“Your name is Della Street, and you are employed by Perry Mason, as his private and confidential secretary, and have been in his employ for several years last past?” Scudder asked.
Della Street said, “Yes.”
“You accompanied Perry Mason on a trip which he made to the Orient, acting as his secretary, taking down data on the police systems of China and Japan?”
“Yes.”
“And you were returning with Perry Mason on the ship which Mr. and Mrs. Moar took out of Honolulu?”
“Yes.”
“And you were acquainted with Mr. Moar and Mrs. Moar, knowing them under the name of Newberry?”
“Yes.”
“I show you a photograph which has been marked ‘People’s Exhibit A,’ and ask you if you can identify that photograph?”
“Yes.”
“Whose photograph is it?”
“That of Mr. Newberry.”
“The same one who was on the ship with you?”
“Yes.”
“Now then, do you remember the night of Sunday, the sixth of this month?”
“I do.”
“Where were you at approximately the hour of nine o’clock that evening?”
“I was on the promenade deck.”
“What were you doing there?”
“I was looking for Mr. Mason.”
“Mr. Mason had asked you to join him on deck?”
“Yes. Mr. Mason had an appointment with Mrs. Moar for nine-thirty. He told me to meet him at nine o’clock and we would have a liqueur.”
“And previous to that, you had been at the table with Mr. and Mrs. Moar-or Mr. and Mrs. Newberry, as they were known aboard the ship — Belle Newberry, and a Roy A. Hungerford?”
“Yes.”
“Now, can you fix the exact time when you appeared on deck?”
“Yes. It was approximately nine o’clock.”
“How do you know?”
“The ship’s bell struck twice within a second or two after I stepped out on deck.”
“Now, which deck was this?”
“The deck just below the boat deck.”
“Did you see anyone on that deck?”
Della Street hesitated for a moment, then said, “Looking aft, where the stairs went up to the boat deck, I could see the skirt of a woman’s dress, a woman’s feet and ankles. This woman was ascending the stairs.”
“Did you hear anything?”
“I heard peculiar thumping sounds from the deck above me.”
“Did you hear anything else?”
“I heard a loud noise.”
“You heard a shot, didn’t you?”
“I presume it was a shot, yes.
“Then what happened?”
“I started to walk back toward the stairs, up which I had seen the woman climbing. The ship was rolling heavily. Shortly before I reached the stairs, it took a very heavy roll to port, and I slipped on the wet deck.”
“What did you do?” Scudder asked.
“I tried to regain my balance, and ran toward a stanchion on the port rail. I caught hold of it and hung on.”
“What did you see?” Scudder asked.
“I saw something above me,” she said, “something hanging over the rail of the boat deck.”
“Did you see what this was?”
“At first I saw it as a vague object. I didn’t have my eyes focused on it. I had an impression of—”
“Never mind your first impression,” Scudder said. “You did focus your eyes on the object, didn’t you, Miss Street?”
“As nearly as I could, under the circumstances. As I looked up, I was looking directly into the rain. The drops flooded my eyes.”
“But you did see something. What was it?”
“It was a man,” Della Street said, avoiding Mason’s eyes.
“And was this man hanging to the rail?”
“I couldn’t see.”
“He was partially over the rail?”
“Yes.”
“And did you see anyone-else near him?”
“Yes. A woman was near him.”
“That woman was the defendant in this action, wasn’t she?” Scudder asked, pointing dramatically at Anna Moar.
“I don’t know,” Della Street said.
“Why don’t you know?”
“Because I couldn’t see all of her. I saw a pair of bare arms and a stretch of back. I saw a dark colored dress over the woman’s right breast. The driving rain interfered with my vision.”
“This woman was wearing a black dress?” Scudder asked. “It was dark in color.”
“It might have been a black dress?”
“Yes.”
“In your judgment, it probably was a black dress?”
“Either black or dark blue.”
“Did you notice anything about the arms of this woman which would enable you to identify them?”