“Yes, sir. I felt the jar of the impact in the saddle. I knew the bullet was in the saddle.”
“Did you subsequently make an investigation to find that it was embedded in the saddle?”
“Yes, sir.”
“And what did you do?”
“I became panic-stricken. I got off the horse and hit it with the quirt until it ran away. Then I hitchhiked back home.”
“Now you’re not trying to conceal anything,” Hamilton Burger said unctuously. “You’re not trying to minimize your own shortcomings. Disagreeable as it is, you’re admitting on the witness stand that you have committed forgery, that you went to John Callender’s house and tried to burglarize the safe?”
“Yes, sir.”
“And Callender knew about that?”
“Yes, sir.”
“And what was he trying to do?”
“He was trying to force my sister to return by threatening to bring action against me.”
“And he wanted to discuss that with you?”
“He didn’t want to discuss anything with me, he wanted to tell me.”
“And when you found John Callender lying there in that room dead, a Japanese sword plunged through his chest, you simply thought about escaping and got out of there without notifying anyone about what you had discovered. Is that right?”
“Yes, sir. That’s only partially right.”
“What’s wrong with it?”
“After I got to thinking it over. After... well, the next day... I went to the police.”
“Of your own accord? Is that right?”
“Yes, sir.”
“And gave the police a written statement?”
“Yes, sir.”
“And at that time,” Burger went on suavely, “you didn’t know that your sister was involved in any way? You didn’t know she was accused of the crime, did you?”
“Just a moment,” Mason said. “That question is viciously leading and suggestive. It is incompetent, irrelevant and immaterial. It’s a self-serving declaration.”
“It goes to the motivation and interest of the witness, if the Court please,” Burger said.
“And as such, it’s a question that can only be asked on cross-examination, and by opposing counsel,” Mason said.
Judge Donahue said, “The question is leading, but I think I’ll overrule the objection. I think the jury are entitled to the facts of the case.”
“No, at that time I didn’t know my sister was involved,” the witness said.
“And you gave the police this written statement?”
“Yes, sir.”
“So that you’re really an unwilling witness and are giving your testimony with reluctance?”
Mason said, “He isn’t giving his testimony, if the Court please. The district attorney is giving it for him. Your Honor, I protest that the district attorney keeps feeding this stuff into the record and all the witness is supposed to do is to say ‘yes.’ ”
“These questions are viciously leading,” Judge Donahue said. “The record will show, I’m afraid, that the district attorney has been guilty of leading the witnesses many times. The objection is sustained. We will have no further leading questions.”
“Cross-examine,” Burger snapped.
Mason started to get to his feet when there was a commotion in the courtroom. A deputy sheriff caught Burger’s eye and gave a signal. Burger said, “If the Court please, the witness, Irene Kilby, is now in court, brought here at the suggestion, in fact at the demand, of Perry Mason. Now then, if Mr. Mason wishes to talk with this witness, he is at perfect liberty to do so. If, as I suspect to be the case, he only wishes to use her as a means of confusing the witnesses who have already testified, I have no objection to any test he may desire to make. Come forward, Miss Kilby, so the jury and the witnesses may see you.”
Irene Kilby came forward, walking now not like Lois Fenton, but holding her hips stiff, her head and chin up.
Judge Donahue regarded her at first with mild interest, then, suddenly puzzled, looked from her to Lois Fenton. He said, “Will the defendant please stand up. Now stand over there, the two of you together. Any objection, Mr. Mason?”
“None, Your Honor.”
Judge Donahue looked at the two women. “Well, this is indeed a strange situation. There is no great facial resemblance, but as far as figures are concerned, it is a different situation. These two women are apparently exactly identical as to height and shape and are wearing identical apparel. Do you care to make a statement, Mr. Burger?”
Hamilton Burger said, “Your Honor, I should have known that Perry Mason would make some spectacular grandstand...”
“Never mind that,” Judge Donahue interrupted. “I simply want to know what is the occasion for this very evident masquerade on the part of one of these young women. The defendant may be seated. I am going to ask the witness Irene Kilby to remain here for the moment. Just remain standing, if you will, Miss Kilby. Now, Mr. Burger.”
Hamilton Burger said, “Your Honor, I now offer to stipulate facts that Mr. Mason knows to be true, that this witness used the name of Lois Fenton, and dressed herself so that she looked like Lois Fenton for reasons that, however, are quite obvious once the situation is understood.”
“Well, I should like to know what they are.”
Burger said, “This young woman wanted to be a fan-dancer. Lois Fenton was a very successful fan-dancer. Lois Fenton married and thereby terminated her career as a fan-dancer. At the time of her marriage she had several unfulfilled contracts... May I go on?”
“I am willing to listen to anything the district attorney may have to say,” Judge Donahue said, “subject, of course, to the fact that the defendant has the right to object to this procedure. Is there any objection, Mr. Mason?”
Mason said, “I have no objection to Hamilton Burger giving testimony, if he is under oath. Then I want to cross-examine him just as I would any witness. I have no objection to his making a preliminary explanation to Your Honor, but as far as the question of fact is concerned as to what actuated this witness to do the things she did do, the witness herself is the one to give the evidence.”
“But it’s no part of the case,” Hamilton Burger said, his voice and manner showing his exasperation. “I’m simply explaining the preliminaries to His Honor at the Court’s own request.”
“If it isn’t a part of the case,” Mason asked, “why did you detain this woman as a material witness? What’s she a witness to?”
“I detained her so that you couldn’t...”
“Yes, yes, go on,” Mason said temptingly, as Burger stopped suddenly. “You were about to blurt out the real reason for her detention.”
“That will do, gentlemen,” Judge Donahue said. “The occasion requires no interchange between counsel. The Court is merely asking for information and if counsel for the defense objects to any statement being made by the district attorney in this manner, it will be necessary, of course, to put this young woman on the stand.”
“But this is attempting to prove a negative,” Hamilton Burger said. “It is only important in the event the defense claims that this masquerade fooled somebody; that is, that it had the effect of confusing the witnesses.”
“I claim it did,” Mason said.
“Go ahead and prove that it did then,” Burger challenged.
Judge Donahue said, “One thing at a time, gentlemen. Now, do I understand, Mr. Mason, that you object to this statement by Hamilton Burger?”
“Provided that it is only preliminary, I have no objection to it, but if Hamilton Burger seeks by such a statement to obviate the necessity of putting this woman on the stand, I do object to it. I will further say that I stipulate to nothing. This witness is going on the stand as far as I’m concerned.”