«And did she say what she did in connection with that?»
«She said that she accepted five hundred dollars; that she forged two wills on the stationery of Delano Bannock, an attorney at law, now deceased, who had done work for Mrs. Trent and by whom she had been employed.»
«Did she offer any proof of that statement?»
«She said that she had mailed herself a letter by registered mail containing the sheets of carbon which were used in making the forgeries. She said that following the advice of Perry Mason she had used fresh carbon paper so that it would be possible to read the terms of the forged will by holding the carbon papers to the light.»
Judge Grayson said, «Now, just a minute. This is asking for confidential advice given a client by an attorney?»
«It is, Your Honor,» Caswell said. «It would be manifestly improper for me to show this conversation except by calling for what the defendant had said. In other words, if the defendant should be on the stand and I asked her what her attorney told her, that would be calling for a privileged communication, but with Lieutenant Tragg on the stand, I may ask him what the defendant said in regard to her actions and in regard to explanation. If at the time of that conversation the defendant chose to waive the privilege of the confidential communication and state what her attorney has told her, then the witness can repeat that conversation.
«That is a chance an attorney has to take when he advises a client to do things which are for the purpose of confusing the law enforcement officers and, in this instance, for the purpose of compounding a felony.
«We will proceed against Mr. Mason in the proper tribunal and at the proper time, but in the meantime, we have a right to show what the defendant said her attorney told her.»
Judge Grayson looked down at Mason. «You have an objection, Mr. Mason?»
«Certainly not,» Mason said. «I have no objection to bringing out the facts in this case. At the proper time I will show that persons have deliberately framed a crime on this defendant and-«
«Just a moment, just a moment,» Caswell interrupted. «This is not the time for Perry Mason to put on a defense, either for this defendant or for himself. He will have an opportunity to put on a defense for the defendant when I have finished my case and he will have an opportunity to defend himself before the proper tribunal.»
«I think that's right,» Judge Grayson ruled. «However, Mr. Mason has an opportunity to argue this point in regard to the objection.»
«There hasn't been any objection,» Mason said. «I want the witness to state what the defendant told him, to state everything the defendant told him.»
«Very well, go ahead,» Judge Grayson said. «I thought there might be an objection interposed on the ground that this was calling for a privileged communication. However, I can appreciate that once the client has waived the privilege of the communication and made a voluntary statement-Well, there seems to be no objection, go ahead.»
«She stated that the witness, George Eagan, had been the one who called on her?»
«Yes.»
«And positively identified him?»
«Yes.»
«Cross-examine,» Caswell snapped.
Mason said, «You were talking with this young woman late at night, Lieutenant?»
«Yes, she was not arrested until rather late in the evening.»
«You knew that she was my client?»
«No.»
«You didn't?»
«I only knew what she told me.»
«And you didn't accept that as true?»
«We never accept what an accused defendant tells us to be the truth. We investigate every phase of the story.»
«I see,» Mason said. «Then you aren't prepared to state that what she told you about what I had advised her was the truth?»
«Well,» Tragg said, hesitating, «there were certain corroborating circumstances.»
«Such as what?»
«She gave us permission to pick up the registered letter which was sent to her and to open it.»
«And you did that?»
«Yes.»
«And found the carbon copies of the purported will just as she had told you?»
«Yes.»
«And for that reason you became inclined to believe everything she told you?»
«It was a corroborating circumstance.»
«Then why didn't you believe her when she said that I was representing her?»
«Well, if it's material,» Tragg said, «I did.»
«Then why didn't you notify me that she was in jail?»
«I told her she could call you.»
«And what did she say?»
«She said there was no use. That she couldn't understand what had happened but that this chauffeur, George Eagan, was the culprit and that she was freely and voluntarily telling us all of these facts so that we could go and pick up Eagan.»
«And did you?»
«Not that night. We did the next morning.»
«And what happened then?»
«In the presence of Hamilton Burger, the district attorney of the County, and in your presence there at the consulting room of the county jail we confronted the defendant with George Eagan. He said in her presence that he had never seen her before, and she stated that he wasn't the man who had called on her.»
«Did she make any further statements?»
«She admitted that the man who called on her had never told her he was George Eagan, the chauffeur, but said that an identification had been made from a physical description and the license number on an automobile. She said that the man who called on her had given the name of George Menard.»
«And you got the defendant to tell you all this by telling her that you were investigating the murder; that you wanted to apprehend the guilty person; that you didn't think she could be guilty; that she was too nice a young woman to be guilty of any crime of this sort; that you thought someone was trying to frame her and that if she would give you the facts immediately and without waiting to get in touch with me in the morning, that you would start an investigation which would perhaps have everything all cleared up so that she could go home and spend the night in her own bed. Isn't that right?»
Lieutenant Tragg smiled. «Well, I didn't say that personally, but one of the officers who was present made statements to that effect.»
«This was in your presence and with your approval?»
The lieutenant hesitated for a moment, then said with a dry smile, «It is routine in dealing with a certain type of suspect.»
«Thank you,» Mason said, «that's all.»
Caswell said, «Will Carson Herman please take the stand.»
Herman proved to be a tall, slender man with a mosquito-beak nose, watery blue eyes, a firm mouth, high cheekbones and an emphatic way of speaking.
He testified that he had been driving south on the coast highway. That is, he was headed between Oxnard and Santa Monica. There were two cars ahead of him. One of them was a light-colored Chevrolet; the car ahead of the Chevrolet was a big, black sedan. He hadn't had an opportunity to make sure of the make of the car. «Did you notice anything unusual?» Caswell asked.
«Yes, sir, as we approached a turnoff road the black car swung far over to the right, apparently wanting-«
«Never mind what you think the driver wanted,» Caswell interrupted, «just state what happened.»
«Yes, sir. The black car pulled clean over to the shoulder of the road.»
«And then what happened?»
«The Chevrolet got almost even with the car; then suddenly swerved over. The front of the Chevy hit the front of the other car a glancing blow and then the driver swung the wheel sharply so that the rear end of the Chevy came crashing against the front of the black sedan.»
«Did you see what happened to the black sedan?»
«No, sir. I was following rather close behind the Chevrolet and it all happened so fast that we were past the black car before I had a chance to get a real good look at it. I saw it swerving and tottering and then I was past it.»