Drake put through the call.
“Don’t give your name,” Mason warned. “Tell them you’re a customer. Give them any kind of a stall.”
Drake nodded, motioned Mason to silence, said, “Hello... On your last year’s model car, is it possible to turn on the radio when the ignition is locked...? Yeah, my neighbor thinks my kid got in his garage, turned on the radio and ran the battery down... Oh, yes, I see. You’re sure...? That’s true of all last year’s models...? Okay, thanks.”
Drake hung up the phone. His eyes avoided the lawyer’s. “When the ignition is in the locked position, Perry, there isn’t any way you can turn on the radio. The car was especially designed that way because of complaints that night attendants in public garages would run the battery down by letting the radio run all night.”
“Well,” Mason said, “that’s that. Come on, Della, let’s go.”
Chapter 13
Judge Sedgwick looked at Perry Mason. “The peremptory challenge is with the defendant.”
“The defendant passes,” Mason said.
Judge Sedgwick glanced over at the prosecutor’s table, where Hamilton Burger, the district attorney, was sitting beside Marvin Pierson, conceded to be one of the most brilliant of the trial deputies in the district attorney’s office. “The peremptory is with the people.”
“The people pass.”
“Very well,” Judge Sedgwick said, “the jury will stand and be sworn to well and truly try the issues in the case of the People of the State of California versus Sybil Harlan.”
The jurors arose and held up their hands — five women and seven men, solemn-faced as befitted jurors who are about to decide issues which will involve the life of a fellow mortal.
“Do you wish to proceed with your opening argument, Mr. Burger?” Judge Sedgwick asked.
Hamilton Burger could not refrain from one triumphant glance at Perry Mason. He was about to explode a bombshell which would leave the defence floundering and helpless. The greatest pains had been taken to preserve secrecy in the matter, and the district attorney had every reason to believe that what he had to say would come as a terrific surprise to the defence.
Hamilton Burger walked up and stood in front of the jury.
“Ladies and gentlemen,” he said, “I’m going to make perhaps the briefest opening argument that I have ever made. We expect to prove to you, through witnesses, that Sybil Harlan, who is married to Enright Harlan and who is very much in love with her husband, felt that an attachment might be developing between one Mrs. Claffin and Enright Harlan. She knew that Mrs. Claffin was working with her husband, Enright, on a real estate development. She, therefore, retained Perry Mason, her present attorney, to provide a series of business complications which would introduce an element of discord into what she feared might become a romance.
“From a map which will presently be introduced, you will see that the scene where the murder was committed was an old house, a former mansion situated high on a hill which was about to be removed to make way for a modern subdivision development. The defendant secured a skeleton key, which enabled her to open the door of that building. She had a pair of binoculars, and she made it a habit to sit up in that building, looking down on the adjoining property which belonged to Mrs. Claffin.
“The defendant’s husband was quite a sportsman and a collector of guns. He had no fewer than twenty-eight rifles, seven shotguns and seven revolvers.”
Hamilton Burger glanced triumphantly at Mason. “We expect to show from the garage attendant who serviced the defendant’s car on the day of the murder that on the day in question there was a pair of binoculars and a revolver in the glove compartment of her car. We expect to show that shortly before the murder, the decedent, George Lutts, met the defendant just as the defendant emerged from a beauty shop. We don’t know whether by appointment, or, if so, who made the appointment. We do propose to show you that they met, that the defendant got in Mr. Lutts’ car and that Lutts then drove her to the parking lot where her car was parked. We propose to show by the parking attendant that at that time the defendant opened the glove compartment of her car and took out the gun, that she put the gun in her handbag and then joined the decedent on what was to prove to be his last ride.
“We will next show you the defendant, pale, nervous, evidently suffering from shock, walking and running to the highway that leads from the country club, which, as you will presently see from the map, runs within a relatively short distance of the scene of the murder. The defendant stopped a taxicab and had the taxi driver take her to the Union Station.
“At the Union Station, the defendant transferred cabs. She picked up another cab, and, mark this well, ladies and gentlemen of the jury, because it is highly important — she had this cab take her to her residence. We don’t know what she did there. We do know what she had an opportunity to do there. She then had the taxi, which had been waiting in front of her house, drive to the parking lot where her car had been located. At that time, she entered her car and did something to the door of the glove compartment.
“After that, the defendant telephoned someone, then returned to the taxi and had the taxi driver take her to the building where Perry Mason, her present attorney, has his office.
“We expect to show that George C. Lutts was killed by a thirty-eight revolver, that that revolver was one which came from the collection of Enright Harlan.
“On the strength of that evidence, ladies and gentlemen of the jury, we are going to ask for a verdict of first-degree murder. I am not going to make any recommendations as to what you should do in connection with assessing the death penalty. That is a matter which is entirely within the discretion of the jury, and this office does not want to adopt any position. You have the discretion in the event you find the defendant guilty to recommend that she be punished by imprisonment for life. We leave that matter entirely in your hands.”
Hamilton Burger turned and walked back to his counsel table, giving one swift, triumphant glance in Mason’s direction as he passed the table.
“Does the defence wish to make an opening statement now or later?” Judge Sedgwick asked.
Mason said, “Your Honor, may we have a brief ten minute recess while I give the matter consideration? Certain statements made by the district attorney relate to matters with which I am not personally familiar.”
“We object,” Hamilton Burger said. “Counsel has had every opportunity to confer with his client. The testimony which was given by witnesses before the grand jury has been delivered to him.”
“But, Your Honor,” Mason said, “many of the matters stated in the district attorney’s opening statement were not presented to the grand jury.”
“Naturally,” Hamilton Burger said, “I didn’t have to present my whole case at that time and, Your Honor, in order to show my good faith, I may say that some of these witnesses were discovered after the indictment.”
“The Court will grant a ten-minute recess,” Judge Sedgwick announced.
Mason turned to Sybil Harlan. “All right,” he said in a whisper, “can he prove that?”
Her lips were quivering as she tried to whisper. “I didn’t think anyone saw me.”
“You lied to me?” Mason asked.
“I tried to... tried to make things look a little better. As soon as I knew that he had been shot, I knew that having a weapon in my handbag—”
“I know,” Mason said wearily. “You thought you’d fool me a little and that that would make me a little more diligent in my defence. You did go to the Union Station, then take a taxicab and go to your house?”
She nodded. “But only to change my shoes and stockings.”