“That twenty-dollar bill therefore becomes a very damning bit of evidence in the case. It is a most important piece of evidence.
“Now, if I can show in any way that the witness Dudley Roberts, the taxi driver, secured or could have secured that twenty-dollar bill from Mrs. Carlotta Theilman, then the entire case of the prosecution is greatly weakened; in fact, it may collapse.”
Judge Seymour frowned thoughtfully, visibly impressed by the argument.
“Oh, Your Honor,” Hamilton Burger said, “this is the same old story, the same old grandstand. Now, if the Court please, even if there is anything to counsel’s wild theory that Mrs. Carlotta Theilman did give the taxi driver a twenty-dollar bill, it still doesn’t mean anything. Mrs. Carlotta Theilman had no access to that suitcase. She had no opportunity to get one of those twenty-dollar bills. She hadn’t even seen the decedent. She hadn’t been in touch with him. She had only been in touch with the decedent’s secretary, the defendant in this case.
“If, however, she did pay him with a twenty-dollar bill and counsel wishes to establish that fact, it is part of an affirmative showing which counsel should make on defense and as a part of his case. We have no objection whatever to his calling Mrs. Carlotta Theilman as his own witness. He can call her right now if he wants to, as his first witness.”
Judge Seymour said, “I think that is correct, Mr. Mason. I think that’s probably the best way of looking at it.”
“May I be heard in response to that statement, Your Honor?” Mason asked.
“Certainly.”
Mason said, “The district attorney well realizes that there are certain aspects of this case which give the defendant certain technical advantages and of which he would like to deprive the defendant. If it should appear as a part of the prosecution’s case that the cab-driver was paid with a twenty-dollar bill by Mrs. Carlotta Theilman, then it no longer is conclusive proof that the defendant had in her possession any of those twenty-dollar bills which were in that suitcase. And since the case of the prosecution is founded so greatly upon circumstantial evidence, I would then have an opportunity to move the Court to advise the jury to bring in a verdict of acquittal.
“The Court is fully familiar with the rule of law that if the circumstantial evidence can be explained by any other reasonable hypothesis than that of guilt, the courts are obligated to accept such interpretation.”
Judge Seymour thought for a moment, suddenly said, “Very well. This court is a temple of justice. It is not bound by strict red tape or arbitrary rules of procedure. Those rules of procedure, on the other hand, are designed primarily and solely to bring about the administration of justice. I am going to permit the defense to recall Mrs. Carlotta Theilman. You will take the stand, Mrs. Theilman.”
Judge Seymour turned to Perry Mason and said, “And, Mr. Mason, I think I will limit your questions to the one point which you have brought up.”
“Very well, Your Honor,” Mason said.
Hamilton Burger in exasperation looked at the courtroom clock.
A deputy located Mrs. Carlotta Theilman and she returned to the stand.
“You have already been sworn and are still under oath,” Judge Seymour said. “Now, Mr. Mason, you may ask that question.”
Mason said, “Mrs. Theilman, you will recall the evening of the fourth in the city of Las Vegas when we were having a conference in a motel. That conference was interrupted by the police who escorted Della Street and me to the airport, leaving you there in the motel. Now, I believe that it is in evidence that you took a taxi-cab to the Double Take Casino after we had departed.”
“That is right,” she said. “I took the cab that was waiting there.”
“When you arrived at the casino, do you remember how you paid the cabdriver; that is, what money you gave him?”
“Why, yes,” she said. “I remember I gave him a fifty-cent tip and the bill was, I think—”
“What I am trying to get at,” Mason interrupted, “is how you paid him. Did you have the exact amount of cash with you or did you pay him with a larger bill?”
“No,” she said, “I paid him with a five-dollar bill. I remember I had— Now, wait a minute. I didn’t either. I got the five-dollar bills from the taxi driver. I remember I had three five-dollar bills when I entered the Casino. I was playing the twenty-five-cent machine and I turned in two of the five-dollar bills for quarters. I... I received three five-dollar bills and some silver from the cabdriver in change.”
“Then,” Mason said, “you must have given him a twenty-dollar bill.”
“That’s right. I remember now that I did. I had a twenty-dollar bill and gave it to him.”
“Did you only have one twenty-dollar bill in your purse?” Mason asked.
“No, I had several. I think I had, oh, perhaps ten or twelve twenty-dollar bills. I gave him a twenty-dollar bill.”
Mason bowed to the Court. “Thank you, Your Honor,” he said. “That is all.”
Hamilton Burger and his deputy engaged in a whispered conference.
“Do you have any questions on redirect, Mr. Prosecutor?” Judge Seymour asked.
Hamilton Burger, plainly exasperated, got to his feet. “Where did you get this twenty-dollar bill that you gave the taxi driver, Mrs. Theilman?”
“Why, I had it in my purse.”
“And where did you get it when you put it in your purse?”
“I got it from my bank in Los Angeles.”
“Exactly,” Hamilton Burger said, “you couldn’t by any conceivable possibility have received that twenty-dollar bill from your former husband, could you?”
Mason was on his feet before she could answer the question. “Just a moment, Your Honor,” he said. “That question is argumentative; it calls for a conclusion of the witness; it is leading and suggestive. If the prosecution is going to present its case on circumstantial evidence, the circumstances have to speak for themselves. This witness cannot testify to a conclusion.”
“But this is redirect, Your Honor,” Hamilton Burger said.
“That doesn’t make any difference,” Judge Seymour said. “You can direct the attention of the witness to a certain specific subject on redirect examination but you can’t lead the witness and you certainly can’t put the words in her mouth. The objection is sustained.”
Hamilton Burger made no attempt to conceal his anger. “When had you last seen your ex-husband prior to the time you came to Las Vegas on the fourth, Mrs. Theilman?”
“It had been over two years.”
“When had you last seen his secretary?”
“It had been about the same length of time.”
Hamilton Burger said angrily, “All right, I’ll let the facts speak for themselves,” and sat down.
“Now just a moment, Mrs. Theilman,” Mason said, “I have another question on recross-examination.”
“Now, if the Court please,” Hamilton Burger objected, “this is just what I warned the Court was going to happen. Perry Mason recalled this witness, assuring the Court he only wanted to ask one more question on cross-examination about that twenty-dollar bill. Now he’s trying to prolong this and drag it out with arguments and further questions and general fishing expeditions until the hour for the noon adjournment.”
“I think the prosecution is right, Mr. Mason,” Judge Seymour said. “This witness was recalled only for the purpose of one question.”
“That is quite correct, Your Honor, and that is all I wanted to ask. But the prosecution has taken over and has brought in a lot of new matter. Now I want to ask a question relating to the questions which were brought up on redirect examination by the district attorney.”
“You certainly have that right,” Judge Seymour said. “If your questions relate only to that phase of the interrogation, you can ask them.”