“Res gestae of what?” Judge Siler asked caustically. “This is a most peculiar situation. Counsel for the defendant seems not only willing but anxious to permit the introduction of hearsay evidence damaging to his client, evidence which the Court cannot take into consideration in the case. The Court won’t consider any further evidence as to conversations which took place between the witness and the decedent unless it can be shown that it was in the presence of the defendant.”
“I’d like to cross-examine on it,” Mason said.
Judge Siler shook his head. “The Court is not going to permit the record to be cluttered up with hearsay evidence whether counsel desires it or not. After all, there are certain rules of evidence. The Court thinks that counsel should object to evidence detrimental to his client which is plainly improper as being hearsay.”
“Thank you, Your Honor.” Mason said.
Vandling glanced at Mason.
Mason grinned back.
“You agreed with Mr. Davenport that you would do certain things in connection with this property upon the happening of certain events?” Vandling continued.
She hesitated a moment, then said, “I don’t think I have to answer that question.”
“Why not?”
An attorney arose from the back of the courtroom. “If the Court please,” he said, “I am representing Miss Norge. I am willing to state certain matters to assist in helping clear up a murder case. I am willing to suggest ideas which we may treat as potential facts, but which my client will not admit under oath.
“I suggest that it may be a fact that Miss Norge, a loyal, competent secretary, was given instructions to do certain things, thinking that by so doing she was helping consummate a mining deal which was of the greatest importance to Edward Davenport.”
“That upon learning of the death of her employer she tried to carry out the last instructions he had given her, but later, having communicated with the district attorney of the county in which she resided, she was advised that under the law all property belonging to the Davenport estate must be impounded for probate.
“Since she felt the widow, who is the defendant in this action, was hostile to her employer’s interests and had poisoned him—please understand I am only relating her sincere feelings which are not evidence in this case—her attitude toward the widow and the widow’s attorneys was non-cooperative.
“Technically some of the things she might have done might have been contrary to statute. I therefore advise her not to answer that question.”
Vandling pursed his lips. “On Monday, the twelfth, you went to the bank at Paradise and made some deposits?”
“I did.”
“And some withdrawals?”
“I did.”
“The withdrawals were in the form of cash?’
“They were.”
“And where is that cash now?”
“My attorney has placed it in a safe-deposit box.”
“Do you claim that cash?”
“I certainly do not.”
“Who owns that?”
“It is a part of Mr. Davenport’s estate, I may state that each deposit that I made and each withdrawal that I made was in accordance with his specific instructions.”
Vandling glanced at Mason.
Mason shook his head.
“That’s all,” Vandling said. “Any cross-examination?”
“Yes,” Mason said. “You have said that everything you did was under instructions given you by Mr. Davenport.”
“That is right.”
“And didn’t Mr. Davenport advise you to take this cash to San Bernardino?”
“Yes.”
“And to await instructions at the Antlers Hotel there?”
“Yes.”
“And to register under the name of Mabel Davenport?”
“Yes.”
“And didn’t he advise you that you were to turn this cash over to a certain party no matter what might happen or who might try to stop you or on what ground?”
Mabel Norge’s attorney arose and said, “There again I am forced to advise my client not to answer the question. I will say to the Court and counsel that Mr. Mason’s surmise may well represent a true statement of fact, but I refuse to permit my client to place herself in the position of admitting certain acts or conceding certain facts.”
“That’s all.” Mason said, smiling.
Vandling looked nuzzled
Mason shook his head and said, “I would like to have Dr. Renault recalled for further cross-examination.”
“Take the stand, Dr. Renault.” Judge Siler said.
Mason slowly got up from behind the counsel table, walked over to the witness chair and stood looking down at Dr. Renault.
“Doctor,” he said, “you saw Edward Davenport as a patient on the morning of Monday, the twelfth?”
“I have already stated that several times.”
“And treated him as a patient?”
“Yes, sir.”
“And he recited symptoms of arsenic poisoning?”
“Yes, sir.”
“You didn’t personally see those symptoms?”
“I saw secondary symptoms which could have been identified with the prior initial symptoms which he described. I didn’t see the primary symptoms which he had described which had taken place in my absence.”
“Very neatly answered, Doctor,” Mason said. “Now let me ask you a question which may cause you a little trouble. Did you also see Edward Davenport on the day preceding—on Sunday, the eleventh?”
Dr. Renault said, “That is beside the question. That doesn’t have any bearing on my professional treatment.”
“Oh yes it does,” Mason said. “You saw Edward Davenport when he was registered at the Welchburg Motel here in Fresno under the name of Frank L. Stanton, didn’t you, Doctor?”
“I—do I have to answer that, Your Honor?” Dr. Renault asked.
Vandling, suddenly on his feet, said, “You certainly do.”
“I’m asking the Court,” Dr. Renault said.
“It is a pertinent question. Answer it,” Judge Siler said.
“I—yes, I saw him.”
“And discussed certain matters with him?”
“I talked with him.”
“And you discussed with him certain treatment that you were to give him the next day, Monday, the twelfth, did you not?”
“I refuse to recount any conversation which took place between my patient and me.”
“Why?”
“It’s a privileged communication.”
“Only to the extent that you had to find out necessary symptoms for the purpose of administering treatment”
“My conversation with Mr. Davenport had to do with certain symptoms.”
“Mr. Davenport told you that he wanted to die, didn’t he?”
“I am not going to mention the conversation I had with Mr. Davenport.”
“Mr. Davenport paid you money in order to set the stage so that apparently he could pass away. It was agreed that he was to call you for treatment the next morning and relate symptoms of arsenic poisoning, that you were to help him simulate a state of collapse following arsenic poisoning so that he could apparently pass away while his wife was present. Isn’t that true?”
“I’m not going to answer that question.”
“You have to answer it,” Mason said. “It doesn’t relate to any confidential communication.”
Vandling, on his feet, said, “If that question is answered in the affirmative it indicates a conspiracy, a crime. It is not a privileged communication, Your Honor.”
“It certainly does not call for a privileged communication,” Judge Siler said.
“Then I don’t have to answer,” Dr. Renault said, “because it would incriminate me.”
“Do you refuse to answer on that ground?” Judge Siler asked.