The Case of the Fenced-In Woman (17 page)

"Just a moment, just a moment," Ormsby said, "that's objected to as incompetent, irrelevant and immaterial and not proper cross – examination. This witness isn't an expert on divorce actions and I didn't try to qualify him as such."

Mason said, "I think if the Court please, it's proper cross – examination. Of course if the prosecutor is afraid to have him answer the question I'll withdraw it."

Judge Fisk said, "That last remark is uncalled for."

"I'm not afraid to have him answer the question," Ormsby bristled. "I'm simply trying to keep the record straight."

Judge Fisk said, "Well, I think I'll sustain the objection. I doubt if it's proper cross – examination. Are there any further questions?"

Mason, still smiling affably at the witness, said, "When the defendant, Vivian Carson, made that statement about wanting to stick a knife into her husband, did the tone of her voice differ in any way from any other somewhat similar comments you have heard from friends who had been divorced; comments such as 'I'd like to scratch his eyes out,' or, 'if he ever comes around me again I'll kill him,' or words to that effect?"

"Now just a moment," Ormsby said. "This is objected to as not proper cross – examination and on the same grounds as the other question and on the further ground that the Court has already ruled on the matter and that Counsel is guilty of misconduct and contemptuous conduct in trying to pursue this matter after the ruling."

Judge Fisk thought for a moment, then slowly shook his head. "I don't think," he said, "that it's the same question which was presented before. This question goes as to the tone of voice. I'm going to overrule the objection. The witness may answer."

The witness, grinning back at Mason, said, "It was about the same tone of voice that the others have used. I don't remember anyone stating particularly that she wanted to stick a knife in her husband, but I do remember one woman who said nothing would give her greater pleasure than to push her husband off a cliff-that is, her ex – husband."

"And this was in about the same tone?" Mason asked.

"About the same tone of voice."

"Now then," Mason said, "of all your acquaintances, how many of those women whom you have heard after a divorce action express an opinion that they'd like to push their husband off a cliff or scratch his eyes out, or words to that effect, have actually pushed their former husbands off cliffs, scratched their eyes out, or committed any act of violence as far as you know?"

"Objected to. Not proper cross – examination," Ormsby snapped.

"Sustained," Judge Fisk said. "I permitted inquiry about the tone of voice but I think that's as far as I'll go."

Mason turned to the jury with a smile – which spoke volumes. "That's all," he said.

Some of the jurors smiled back at the lawyer.

Ormsby, enraged but coldly competent, said, "I will now call Lieutenant Tragg to the stand."

Lieutenant Tragg, an expert in presenting his story so that it impressed the jury, took the stand and testified to what he had discovered at the scene of the murder, introducing photographs of the corpse, describing the physical surroundings.

"You noticed moisture near the body?" Ormsby asked.

"Yes, sir. There were two very well – defined patches of water."

"About how big?"

"About as big as the palm of my hand."

"And what were they on?"

"They were on the waxed tile floor."

"How far from the body?"

"One of them was six and three – quarters inches from the nearest portion of the body; the other was twelve and one – half inches."

"Did you do anything about testing this moisture to see if you could determine its source?"

"I did. The moisture was carefully drawn up into pipettes and analyzed to see whether the water could have come from the swimming pool. The swimming pool had a relatively large amount of chlorination. It had been serviced early that day."

"And what did the analysis show in regard to the pools of water?"

"That they had the same content of chlorination as the water in the swimming pool."

"Have you taken photographs to show the position of the fence as it crossed the swimming pool?"

"I have."

"Will you produce those photographs, please, and also all photographs which you took or which were taken under your direction showing the body, the house and the surroundings. I'd like to have the scene of the crime identified photographically so the jurors can become oriented."

Tragg produced a folio of photographs and for the next half hour the photographs were introduced one at a time, identified by Tragg as to what was shown, position of the camera, direction in which the picture was taken, the time at which it was taken and the photograph was then introduced in evidence.

"Who was present when you were at the scene of the murder?" Ormsby asked.

"Well, Morley Eden, one of the defendants, was there, and Mr. Perry Mason, who is acting as his attorney; and later on, Vivian Carson, the other defendant appeared. There were, of course, various newspaper reporters and personnel from the police department and, later on, a deputy coroner."

"Mr. Perry Mason was there?"

"He was there."

"Did you have any conversation with him about the crime?"

"Yes."

"Did Mr. Mason make any suggestions?"

"Yes."

"What were they?"

"He suggested that I pay particular attention to the condition of the clothing of the corpse."

"What part of the clothing?"

"The sleeves of the shirt."

"What about the shirt?"

"The shirt," Lieutenant Tragg said, "was a shirt with French cuffs. The cuff links were diamond cuff links that had been covered with a black enamel so that the diamonds were concealed. A part of the enamel on the right cuff link, however, had chipped away disclosing the diamond underneath."

"Were these large or small diamonds?"

"Quite large, and quite valuable. The cuff links themselves were of platinum."

"And what about the shirt itself?"

"The sleeves of the shirt were wet up to the elbow."

"The corpse was wearing a coat, I believe?"

"That's right."

"And the sleeves of the coat?"

"They were not wet except on the inside where moisture from the wet shirt sleeves had soaked into the lining. However, the sleeves themselves were not wet."

"And was there any conversation with Mr. Mason concerning this?"

"There was."

"What did Mr. Mason say?"

"He suggested that I make an inspection of the swimming pool."

"And you did this?"

"Yes."

"And what did you find?"

"Nothing."

"Then what happened?"

"Then Mason suggested that I had not looked far enough or hard enough."

"You gathered the impression from what Mr. Mason said that in some way he was familiar with the hiding place which you subsequently discovered and wished to direct your attention to it?"

"Just a moment," Mason said. "That question is argumentative; it calls for a conclusion of the witness. It is, moreover, incompetent, irrelevant and immaterial."

"The objection is sustained," Judge Fisk said. "Surely, Mr. Prosecutor, you don't need to direct the attention of this witness as to his conclusions. Let him show what he did, what he found."

"Yes, Your Honor," Ormsby said, glancing at the jurors to make certain they had got the point.

"Let me put it this way," Ormsby went on, as though baffled by the technical barrier put up by the Court but patiently desiring to get an important matter before the jurors, "you did complete a survey of the swimming pool?"

"I did."

"And found nothing?"

"Nothing."

"Then you made a second search."

"Yes, sir."

"And at whose suggestion was that?"

"The suggestion of Mr. Perry Mason."

"Now, by Perry Mason, you mean the attorney who is at present representing the defendants in this action."

"Yes, sir."

"And what did Mr. Mason say-if anything?"

Ormsby got up from his chair and stood waiting for the answer, emphasizing the question by his action, and also emphasizing the answer Lieutenant Tragg was about to make.

Tragg said, "Mr. Mason suggested that I look behind the steps of the swimming pool."

"Behind the steps of the swimming pool," Ormsby repeated.

"Yes, sir."

"And you did so?"

"I did so."

"And what did you find?"

"As soon as I looked behind there, or, rather, as soon as I groped behind there with my hand, I felt a small metal ring."

"And what did you do?"

"I inserted my finger in that ring and pulled gently."

"And what happened?"

"I could immediately feel that this ring was at one end of a flexible, metallic cable which was running over a roller."

"And what happened then?"

"I pulled the ring a matter of some two or three inches, which released a catch on the inside of a receptacle some ten feet back from the swimming pool."

"And then what happened?"

"A spring raised up a section of tile about eighteen inches square, disclosing a cleverly concealed hiding place measuring sixteen and one – quarter inches square, and two feet, three and a half inches deep, lined with steel and containing an automatic spring catch so that when the tile was pushed down the catch would automatically lock on the tile, holding it in position."

"The tile was hinged on one end?"

"Yes, sir."

"And what, if anything, did you find in this steel – lined receptacle?"

"Nothing."

"Nothing?"

"That is right. Absolutely nothing."

"And did Mr. Mason try to register surprise when you discovered this ring in the place which he had so insistently pointed out?… Well, I'll withdraw that. I beg the pardon of Court and counsel. As I think it over I realize that question is improper. I just want to make sure, however, Lieutenant, that I understand your testimony correctly. You found this ring in a place that was indicated by Mr. Mason?"

"He indicated that I search there."

"And that was after you had previously explored the swimming pool and found nothing."

"Yes, sir."

Ormsby strode over to the counsel table where Mason was sitting, bent slightly forward and said, "I just want to show you, if you want to grandstand to this jury I'll meet you halfway."

"Go right ahead," Mason said in an undertone.

"Now then, this tile was pushed up by a spring?" Ormsby asked.

"It was."

"Where was that spring?"

"It was a coil spring, as we subsequently discovered, which had been inserted so that it was around the steel rod which served as an axis on which the hinge revolved. Now, that's not expressed very clearly, but the point is this tile was hinged. A half – inch steel rod ran through the hinge and furnished the pivot on which the hinge was raised. This steel spring, or coil spring, was twisted around the ends of this rod and was on a sufficient tension so that whenever the catch was released the tile raised up."

"This tile, I take it, was the same in appearance and dimensions as the other tiles?"

"It was identical with the other tiles, except for the fact that a hole had been drilled in the tile, a metal insert had been placed in this hole to give it reinforcement and cemented in place. Then the steel rod which acted as an axis on which the tile revolved was inserted in this piece of cemented pipe so that the whole constituted a very rugged hinge."