“Very well,” Judge Crowley Madison said, with a curious and almost sympathetic glance at Maxine, “call your witnesses, Counselor.”
“Call Lieutenant Tragg,” Dexter said.
Lt. Tragg took the stand. He had, he explained, been called by Miss Della Street, or, that is, by someone who said she was Miss Della Street, on the morning of the 14th. He had gone to an apartment, Number 338-B, rented by Maxine Lindsay, the defendant in this case, and had there found Della Street and a body. The body had subsequently been identified as that of Collin Max Durant, an art dealer. The body was lying partially in the shower stall in the bathroom.
“You have photographs?” Dexter asked.
Tragg produced a sheaf of photographs. They were introduced in evidence, one at a time.
Tragg also produced a diagram he had made of the interior of the apartment, and that was introduced in evidence.
“And what was in the pockets of the deceased at the time you found the body, Lieutenant?”
“Some keys, including a key which opened the door of the defendant’s apartment; a handkerchief, a pen knife, a package of cigarettes, a lighter, two fountain pens, a notebook, one hundred one-hundred-dollar bills and about twenty-five dollars in smaller currency and change, making a total of ten thousand and twenty-five dollars.”
“Miss Street made a statement to you at that time?”
“Yes.”
“What did she say?”
Judge Madison said, “This is not the best evidence. It’s hearsay.”
“I know,” Dexter said, “but since Miss Street is the secretary of Mr. Perry Mason, the attorney for the defendant, I thought it might be better to bring the matter to the Court’s attention in this way, particularly if there is no objection from the defense.”
“Is it material?” Judge Madison asked.
“It’s quite material.”
“Is it important?”
“We consider it so.”
“In what way?”
“It tends to contradict the defendant’s subsequent declarations.”
“Very well,” Judge Madison said, “if there is no objection—”
“There is an objection,” Mason said.
“Well,” Judge Madison said irritably, “that would have disposed of the matter without all this running around, if you had interposed the objection at the time the question was asked.”
Mason smiled. “I am objecting at this time.”
“The objection is well taken. It’s sustained,” Judge Madison said, and then added somewhat brusquely, “I recognize your tactics, Counselor. You wanted the district attorney’s office to explain why it considered the conversation important. All right, you have that information now, you’ve made your objection and it’s been sustained.”
“I’ll call Miss Della Street to the stand at this time in order to prove the conversation,” Dexter said, “and withdraw Lieutenant Tragg so that he can finish his testimony later.”
“Well, that’s somewhat irregular,” Judge Madison said, “but I guess it’s all right. However, if Mr. Mason wants to cross-examine the lieutenant on the testimony he’s already given before he leaves the stand, I’ll give him that privilege.”
“I’m quite willing to cross-examine him later,” Mason said.
“Very well,” Judge Madison said. “Miss Street to the stand.”
Della Street stepped forward, held up her right hand, was sworn and took her position on the witness stand.
“You are acquainted with the defendant, Maxine Lindsay?”
“Yes.”
“Did you know her on the evening of the thirteenth of this month?”
“I did.”
“Did you see her at that time?”
“I did.”
“Did you have a conversation with her?”
“I did.”
“What time was this?”
“It was about nine o’clock in the evening.”
“Who was present?”
“Mr. Mason and myself, in addition to Maxine Lindsay.”
“What did she say? What was that conversation?”
“Just a moment,” Mason said. “May I ask a question on voir dire?”
“Certainly,” Judge Madison said.
“At the time of that conversation,” Mason said, “what was your occupation, Miss Street?”
“I was your secretary.”
“And what is my occupation?”
“An attorney at law.”
Mason smiled at Judge Madison and said, “Now, Your Honor, I wish to object to the question on the ground that it calls for a privileged communication, a confidential communication made to an attorney.”
“Just a moment,” Dexter said angrily. “I have one more question. Miss Street, at the time of this conversation, was Maxine Lindsay a client of Perry Mason?”
Della Street hesitated. “I don’t know,” she said.
“Let me put it this way,” Dexter said. “Had she paid any retainer?”
“She had not paid a retainer,” Della Street said.
Dexter smiled triumphantly. “There you are, Your Honor. It was not an attorney-and-client relationship.”
“I’d like to ask a question,” Mason said. “Is Miss Lindsay my client now, Miss Street?”
“That’s self-evident,” Judge Madison interrupted. “I don’t see what that has to do with the situation. You’re appearing now as attorney of record for her.”
“Then,” Mason said, “since it is thoroughly understood that she is now my client and that I am appearing as attorney of record for her, I will ask Miss Street this question. Has she ever paid me a retainer?”
“No,” Della Street said, “she hasn’t.”
Judge Madison smiled. “Pardon me, Counselor. I didn’t appreciate the drift of your cross-examination.”
Dexter said, “I would like to ask one more question, Miss Street. Did Mr. Mason tell you that he was going to represent Maxine Lindsay?”
“Yes.”
“And when did he make that statement?”
“Sometime on the fourteenth.”
“Then he hadn’t told you she was his client on the thirteenth?”
“He hadn’t told me at that time, no.”
Judge Madison ran his hand over his head. “I think we had better have a clearer understanding of the facts in this case,” he said, “before the Court rules on the objection.”
Mason said, “Permit me to ask one more question. Miss Street, was there any relationship of friendship, that is, personal friendship, between Miss Lindsay and myself, that you know of?”
“None.”
“Was there anything in this conversation to indicate that she was consulting me as a friend, rather than an attorney?”
“No. She was consulting you because she had been in your office earlier.”
“She made that statement?”
“That was the effect of the conversation, yes.”
Mason said, “I renew the objection, if the Court please.”
“I’m going to sustain the objection for the moment,” Judge Madison said. “Let’s let the evidence develop in the case. If it turns out there’s enough evidence to bind the defendant over without ruling on this objection, then the prosecution can withdraw these questions because it won’t be necessary to have them asked and answered.
“The Court feels there’s a close point here. The Court feels that we should have some authorities on the matter, but the Court is inclined to sustain the objection.”
“Very well,” Dexter said, with poor grace. “I’ll look the matter up. I had anticipated that there would be no objection to Tragg’s stating what Della Street told him. I think it’s part of the res gestae.”
“What she told him about discovering the body might be part of the res gestae,” Judge Madison said, “but what she told him as part of the conversation about what the defendant had stated the day before, or rather, the evening before, is not a part of the res gestae.”