"But she couldn't be," said Everly. "Everybody sympathizes with her, and now that the evidence of the taxi driver has blown up, there's nothing to it."
Perry Mason stared at the clerk steadily.
"Frank," he said, "I don't know anything that has cheered me up as much as this talk with you."
"You mean you're going to put her on the stand?"
"No, I mean I'm not going to put her on the stand; not under any circumstances."
"Why?" asked Frank Everly.
"Because," said Perry Mason slowly, "you think she's innocent now. Everybody thinks she's innocent. That means the jury thinks she's innocent. If I put her on the witness stand I can't make the jury think she's any more innocent. If I don't put her on, they may think she's got a dumb lawyer, but they'll return a verdict of not guilty.
"Now, I'm going to tell you something, young man. There are lots of ways of trying a lawsuit. There's the slow, tedious way, indulged in by lawyers who haven't any particular plan of campaign, other than to walk into court and snarl over objections, haggle over technicalities, and drag the facts out so interminably that no one knows just what it's all about. Then there's the dramatic method of trying a lawsuit. That's the method I try to follow.
"Somewhere along the line the district attorney is going to rest his case. I'm going to try and stampede the situation so that when the district attorney rests his case the sympathies of the jury are all going to be with the defendant. Then I'm going to throw the case right into the lap of the jury right then. They'll return a verdict, without even stopping to think it over, if it goes right."
"What if it doesn't go right?" asked Everly.
"If it doesn't go right," said Perry Mason, "I'll probably lose my reputation as a trial lawyer."
"But you've got no right to jeopardize that," said Frank Everly.
"The hell I haven't," Perry Mason told him. "I've got no right not to."
He got to his feet and switched out the lights.
"Come on, son," he said, "let's go home."
Chapter 20
Claude Drumm opened his morning attack, showing only too plainly his resentment of the dramatic defeat of the previous day. His manner was cold, formal and savage. He went ahead grimly with the gory details of impressing upon the jurors the fact that a murder had been committed; a murder, if you please, where a man's house had been invaded; where the man had been shot down in cold blood while in the act of shaving.
Witness after witness was called to the stand, examined with short, crisp questions, and each witness added his bit to the feeling of horror which permeated the courtroom.
These witnesses were the police officers who had come upon the scene. They described what they had found in the room. They told of the position of the body; of the faithful watchdog who had been ruthlessly shot down while trying to protect his master.
A police photographer produced a complete file of prints showing the house, the rooms, the body lying grim and grotesque on the floor of the sumptuous room. There was even a closeup of the head of the police dog, showing the glassy eyes, the lolling tongue, and the inevitable dark pool which seeped out from the body.
There was the autopsy surgeon who testified in great technical detail as to the course of the bullets; the distance from which they were fired, as evidenced by the powder burns on the skin of the deceased, and the singed hair of the dog.
From time to time, Perry Mason ventured some diffident crossexamination — questions asked in a meek tone of voice, designed to bring out some fact which the witness had overlooked, or to explain some statement which the witness had made. There was none of the battle of wits which the spectators had expected to see; none of that flashing brilliance which characterized the dramatic criminal lawyer.
The spectators had assembled in large numbers to see a show. They came in with expectant smiles upon their faces. They looked at Perry Mason, nudged one another and pointed out the great criminal lawyer — each to his neighbor.
Slowly, the expectant smiles faded from their faces. There came frowns, lowering glances at the defendant. This was a grim business — this was murder. And some one should pay for it.
The jurors had taken their places in the morning with cordial nods for Perry Mason; with tolerant glances toward the defendant. By noon, they were avoiding the eyes of Perry Mason; were leaning forward to get the gruesome details from the lips of the witnesses.
Frank Everly had lunch with Perry Mason, and it was evident that Everly labored under some great emotion. He barely tasted his soup, nibbled at his meat, refused his dessert.
"May I say something, sir?" he asked when Perry Mason had settled back in the chair, a cigarette between his lips.
Perry Mason regarded him with patient, tolerant eyes.
"Certainly," he said.
"This case is slipping through your fingers," blurted Frank Everly.
"Yes?" asked Perry Mason.
"I've heard comments in the courtroom. This morning you could have got the woman off without any difficulty. Now she'll never be able to save herself — not unless she can prove an alibi. That jury is commencing to realize the horror of the situation; the fact that it was a coldblooded murder. Think of the argument Drumm is going to make about the loyal watchdog who gave his life to save his master. When the surgeon brought out the fact that the gun was within but a few inches of the dog's chest when it was fired; was within less than two feet of Clinton Forbes when he was killed, I could see the jurors look at each other significantly."
Perry Mason was undisturbed.
"Yes," he said, "that's pretty telling evidence, and the worst blow is going to come out this afternoon, right after the trial starts."
"How do you mean?" asked Frank Everly.
"Unless I'm badly mistaken," said Perry Mason, "the first witness after lunch will be the man who's been brought from Santa Barbara, who has the firearm register. He'll show the registration of the gun that did the killing; show when it was received; when it was sold, and identify Mrs. Forbes as the one to whom the gun was sold. Then he'll bring the gun register into evidence and show her signature. That fact, coming on top of the morning's evidence, will alienate every bit of sympathy from the defendant."
"But can't you stop it in some way?" asked Everly. "You could keep making objections; keep the limelight on yourself; keep it from seeming to be so frightfully horrid."
Berry Mason puffed placidly on his cigarette.
"I don't want to stop it," he said.
"But you could make a break. You could do something that would keep the horror from cumulating in the minds of the jurors."
"That's just what I want to do," said Perry Mason.
"For heaven's sake, why?" asked Frank Everly.
Perry Mason smiled.
"Did you ever run for a political office?" he asked.
"No, of course not," said the young man.
"If you had," said Perry Mason, "you'd realize what a fickle thing the mass mind is."
"What do you mean by that?"
"Simply that there's no loyalty in it; no consistency in it," said Perry Mason. "And a jury is a manifestation of a mass mind."
"I don't see what you're driving at," the clerk said.
"On the other hand," said Perry Mason, "you've doubtless been to a good show."
"Why, yes, of course."
"You've been to shows where there's been some strong emotional scene; where there's been something that's brought tears to your eyes, a lump to your throat?"
"Yes," said Everly dubiously, "I have, but I don't see what that's got to do with it."
"Try and remember back to the last show you went to that was like that," Perry Mason said, watching the smoke curl upward from the end of his cigarette.