After the noon adjournment, Hamilton Burger arose impressively. “Call Jacques Lamont to the stand.”
Lamont came forward, was sworn, gave his name and address, said that his occupation was that of a parking lot attendant.
“Are you acquainted with the defendant in this case?”
“By sight, yes.”
“In what way?”
“There is a beauty parlor about half a block down the street from my parking lot. She patronizes this beauty parlour regularly and leaves her car in my parking lot.”
“Directing your attention to the third day of June of this year, did you see the defendant?”
“I did.”
“At what time?”
“At about two-thirty.”
“And what happened?”
“She parked her car in the parking lot.”
“Did you see her again?”
“Yes, sir.”
“When?”
“At about four o’clock, a little before four, I guess.”
“What did she do, if anything?”
“She entered the parking lot. She was looking around, apparently looking for me and—”
“Never mind your conclusions. Just state what happened.”
“Well, she looked around. When she didn’t see anybody, she went directly to her car. She opened the glove compartment.”
“Where were you at the time?”
“As it happened, I had just been moving a car to let my assistant bring out a car which had been parked behind it. I was backing up, so that I was sitting in a car directly parallel with the defendant’s car.”
“How close were you to the glove compartment of the defendant’s car?”
“Seven or eight feet.”
“What did you see the defendant do, if anything?”
“She opened the glove compartment, took out a pack of cigarettes and a gun.”
“What do you mean by a gun?”
“It was a blued steel revolver.”
“I’m going to ask you to look at plaintiff’s Exhibit D in this case, and ask if you can identify it as the gun.”
“Well, I can’t say it was that gun. But I can say that the gun she put in her purse looked just like it. It was about the same size and appearance.”
“Very well. Then what happened?”
“She walked out of the parking lot and entered a car that was waiting by the entrance, a car that was being driven by a man.”
“Did you get a good look at that man?”
“No, sir, I did not.”
“You couldn’t identify him if you saw him again?”
“No, sir, all I know is that it was a man who was driving a car, a blue two-tone sedan. I didn’t notice the make.”
“Then what happened?”
“The defendant went away in that car.”
“When did you next see the defendant?”
“Later on, on the afternoon of the third, around five-forty-five.”
“And what did she do, if anything?”
“She drove up in a taxicab.”
“Where were you at the time?”
“I had been down at the far end of the parking lot with a car. I was walking back.”
“What did the defendant do, if anything?”
“She walked directly to her car.”
“And what did you do?”
“I thought she was going to take it out, so I—”
“Never mind what you thought. What did you do?”
“I walked rapidly toward the car, so that if she was wanting to pay the parking fees and take it out, I’d be handy.”
“What did you see her do, if anything?”
“I saw her open the glove compartment of her car.”
“What did she do?”
“She was doing something at the glove compartment.”
“Could you see what she was doing?”
“Sort of fumbling.”
“Then what?”
“Then she made a telephone call at the phone booth, and walked back to the taxicab which had been kept waiting.”
“When did you next see her?”
“It was about half an hour later.”
“What did she do then?”
“She came and turned in her check, paid the parking fees, and picked up her car.”
Hamilton Burger turned triumphantly to Perry Mason. “Cross-examine,” he said.
Mason glanced at the clock, yawned, said, “No questions.”
“What?” Hamilton Burger shouted, surprised.
“No questions,” Mason repeated.
Hamilton Burger fought back his surprise; then, with the air of a man bringing a difficult task to a triumphant conclusion, said, “Jamison Bell Gibbs, take the stand.”
Gibbs gave his name, age, occupation and address to the court reporter, then turned expectantly to Hamilton Burger.
“You say your occupation is operating a service station?”
“Yes, sir.”
“Are you acquainted with the defendant?”
“Very well, yes, sir.”
“Do you, from time to time, service her automobile?”
“Yes, sir.”
“When was the last time you serviced her automobile?”
“On the third of June of this year quite early in the morning.”
“Who brought the automobile into your station for service?”
“The defendant.”
“What did she tell you?”
“She told me she was in a hurry, that she wanted a rush lubricating job and the oil changed in the crankcase.”
“What did you do?”
“I serviced the car, gave it a complete lube job, checked the tyres and the battery.”
“Did she ask you to do anything else?”
“She didn’t, no, sir. However, I did clean out the front of the car. I noticed it was a little dirty. Quite a bit of dust had been tracked in, and I took out the floor mats and cleaned it.”
“And then what?”
“I left a note containing the charges for the service, which is what I always do.”
“What did you do with that note?”
“I slipped it in the edge of the glove compartment.”
“What happened?”
“The latch on the glove compartment wasn’t entirely closed, and the paper slipped through, down to the bottom. I was afraid she wouldn’t see it, so I pressed the catch that opens the glove compartment and picked up the paper.”
“What did you see, if anything?”
Mason glanced at the jurors and saw that they were leaning forward with rapt interest.
“I noticed there was a gun in the glove compartment.”
“Anything else?”
“Some binoculars... that is, I assume they were binoculars. They were in the case.”
“What was the relative position of the gun and the binocular case?”
“The gun was to the front of the glove compartment.”
“Nearest your hand as you opened the glove compartment?”
“Yes.”
“And where were the binoculars?”
“In the back part of the glove compartment.”
“Now, what did you do with reference to that gun?”
“Well,” the witness said, “sometimes things get stolen out of glove compartments and—”
“Never mind that,” Hamilton Burger interrupted sharply. “I’m asking you to tell exactly what you did. You can discuss the reasons for what you did when you are asked the proper questions on cross-examination. I am only asking you to tell this jury what you did.”
“I took the gun out and handled it.”
“Are you familiar with revolvers?”
“Oh, yes. I’m a gun lover.”
“Have you ever fired a gun?”
“Yes, indeed, many times.”
“I hand you this revolver which has been introduced in evidence and ask you if you have ever seen it before.”
“Yes, sir.”
“Where?”