Drake said, 'Forget it, Perry. How in hell could anyone have framed this crime on her? She wrote the note to Brownley. When they find his body they'll find the note in his pocket. It will be in her handwriting. It will crucify her. She lured him down to that place near the waterfront. There's no possibility of doubt on that score. She wanted him killed, both for her daughter's sake, and because she hated him. How could anyone have taken her gun without her knowing it, have gone to the very place where she instructed Brownley to be, dressed in exactly the same clothes, and driving the same make of car? Remember, Julia Branner didn't write that note until after you'd telephoned her and told her what was in the wind. Therefore, her whole scheme of luring Brownley to the waterfront was hatched after that time; and anyone who wanted to frame her must necessarily have started from scratch after that note was written. I tell you, it's impossible.'
Mason looked at his watch and said, 'Well, we'll go back to court and see what develops. We're not licked yet by a long ways.'
'If Pete Sacks ever takes the stand and swears you framed him and stole that key from him, it doesn't make much difference what happens after that. Public sentiment will have turned definitely against you,' Drake said. 'You've got to keep him from telling his story, either by this corpus delicti defense or in some other way.'
Mason shrugged his shoulders.
Della Street said, softly, 'Listen, Chief, you put me on the stand and let me tell my story. Do it just as soon as you can after Sacks tells his story. I'll fix him. I'll tell what he tried to do to me, and, after that, people will want to lynch him. And if Shoemaker wants to try to rattle me on cross-examination I'll do plenty to him.'
Mason squeezed her hand and said, 'Good girl. I know I can depend on you.'
As they left the restaurant, Drake said to Mason in a low tone, 'You can't let her do that, Perry. It'll look as though you two trapped Sacks, that Della led him on by luring him to her apartment. It looks too damned much like a badger game. It'll put Della in a hell of a position before the public.'
Mason said gloomily in the same low, growling tone of voice, 'Do you think you're telling me anything? But don't let her know. I'm not even going to put her on the stand.'
Della Street said, 'What are you two getting your heads together about? You sound as though you were hatching up some deviltry. Come on or you'll be late for court.'
Chapter 15
Shoemaker put witnesses on the stand in rapid succession, after the manner of a prize fighter who is facing a groggy opponent and is anxious to press the advantage. A ballistics expert testified the bullets found in the car had been fired from the.32 automatic found on the floor of the car. A hardware dealer from Salt Lake produced records showing that Julia Branner had purchased the automatic from him. An officer on the Salt Lake police force showed that Julia Branner's permit to carry a weapon described the same automatic and gave the number which appeared on the gun. A fingerprint expert testified that after the car had been pulled from the water it had been dried and an attempt made to develop latent fingerprints; that on the upper edge of the glass on the left-hand door, a fingerprint had been discovered which coincided with the middle finger on the left hand of the defendant.
Shoemaker rose to his feet, said dramatically, 'Call Peter Sacks to the stand.'
Sacks, his nose and cheeks completely concealed by a smear of bandages and strips of adhesive tape, came forward and was sworn.
'Do you know the defendant, Julia Branner?' Shoemaker asked, after Sacks had testified to his name, age, and address.
'Yes,' Sacks said in a thick voice.
'Did you ever have any conversation with her in which she mentioned Renwold Brownley?'
'Yes.'
'Do you know Perry Mason, the attorney who is representing her?'
'Yes.'
'When you had your conversation with Julia Branner who was present?'
'Victor Stockton.'
'Anyone else?'
'No.'
'Where did the conversation take place?'
'At the United Airport at Burbank.'
'What's your occupation?'
'I'm a private detective.'
'Had you had any previous correspondence with the defendant in this case?'
'Yes, sir.'
'During that conversation, had you posed as being a certain type of person?'
'Yes, sir. I'd posed as a mobster and boasted of the murders I'd committed for money.'
'What was the date of the conversation you are testifying about, at which Mr. Stockton was present?'
'On the fourth day of this month.'
'At what hour?'
'About ten o'clock in the morning.'
'Now what was said, and by whom was it said?'
Mason got to his feet and said, 'Your Honor, it now appears that the Prosecution are seeking to link the defendant with the crime of murder, yet the Prosecution have failed to establish any murder. I object to the question on the ground that it is incompetent, irrelevant, and immaterial; that no proper foundation has been laid; that it is not part of the Res Gestae, and no part of the corpus delicti; that the Prosecution, to date, have signally failed to prove the corpus delicti.'
'We don't have to prove it as we would in a Superior Court,' Shoemaker interposed. 'This is only a preliminary. We only have to prove that a crime has been committed and that there's reasonable cause to believe the defendant committed it.'
'Nevertheless,' Mason said, 'you can't prove murder in any court without proving the corpus delicti. Now, according to the Prosecution's own theory, someone, other than the defendant, must have driven Renwold C. Brownley's automobile from the place where the shooting occurred, to the wharf. The defendant had gone, if we are to believe the testimony of Mr. Bixler. Now, what is more reasonable than to suppose that Mr. Brownley, himself, recovered consciousness, started to drive the car, became confused in the rain, and drove it off the end of the wharf? In that event, he would have met his death by drowning, and not from gunshot wounds. And, in order to prove murder, the Prosecution must prove death as a direct result of the act of the defendant.'
'Not at all,' Shoemaker argued vehemently. 'If, your Honor, Counselor's contention is correct and Mr. Brownley did die of drowning, the drowning would have been caused by the unlawful acts of the defendant, to wit, the shooting which incapacitated him from driving his car intelligently.'
'But,' Mason said, 'you haven't proved that the shooting incapacitated him from driving the car. You haven't proved how many times he was shot, whether any of the shots were in a fatal place, or whether they were merely flesh wounds. The gun was a small caliber gun and it's very possible the bullets followed around under the skin without penetrating any vital organs. Moreover, if this man met his death by drowning, unless the defendant, or some accomplice drove that car off the end of the pier, the defendant certainly can't be held responsible for a death by drowning. The minute you concede there's even a possibility Brownley recovered consciousness and drove that automobile into the bay, you have made a stronger argument against your case than anything I can say. You, yourself, tacitly admit that you aren't convinced by the evidence you yourself have produced!'
Shoemaker's face flushed. 'This,' he roared, 'is an attempt to thwart justice by a technicality which…'
'Just a moment,' Judge Knox interrupted, 'the Court has been giving this matter some thought, ever since it noticed the remarkably ingenious cross-examination of the witness Bixler. There's some question here as to the means of death. There's even some question as to whether death itself has been proved. It is reasonable to suppose that Renwold Brownley was in the automobile when it went over the edge of the wharf, but there's not evidence indicating that such was the case. I am fully aware that the degree of proof required to bind the defendant over is not the same as that required in a Superior Court upon a trial of the issues on the merits; but I am also aware that if I should dismiss this case at the present time, the defendant will not have been in jeopardy and therefore can again be rearrested when the body of Renwold Brownley is discovered. I think you will admit, Mr. Deputy District Attorney, that you would hardly care to prosecute this defendant in a Superior Court upon a charge of murder, until after the body itself has been discovered.'
'That's not the point,' Shoemaker said, very evidently keeping his temper by an effort. 'This is only a preliminary. We want to get the defendant bound over. We want to get the evidence in such shape we know where we stand. And there are other reasons why we are particularly anxious at this time to get the evidence of these witnesses before the public… that is, before the Court.'
Mason shrugged and said, 'Counsel's tongue slipped. He meant before the public.'
Knox frowned and said, 'That will do, Mr. Mason. You will refrain from making any such comments and confine yourself to the question under discussion.' He glowered at Mason for a moment, then turned hastily away to keep from smiling.
Shoemaker, so indignant as to be speechless for the moment, stood groping for words with which to clothe an effective argument.
'I'm going to adjourn this case until tomorrow morning at ten o'clock,' Judge Knox said. 'At that time, Counsel can argue the question; but I am very much inclined to hold that at the present time the corpus delicti has not been shown, and while perhaps technically I should confine myself only to a question of whether a crime has been committed, I'm inclined to take a broader view of the situation, particularly because a dismissal of the case at this time would not be a bar to a subsequent prosecution.'
'But,' Shoemaker protested, 'would your Honor claim that we haven't shown a sufficient case of assault with a deadly weapon?'
Judge Knox smiled and said, 'And would the district attorney's office be willing to have the Court bind over the defendant only on a charge of assault with a deadly weapon with intent to commit murder and release her from a murder charge?'
'No!' Shoemaker shouted. 'We're going to prosecute her for murder. That's what she's guilty of…' As he realized the full effect of his statement, he let his voice drop into a low tone, hesitated for a moment, then sat down uncertainly.
Judge Knox let his smile become a grin. 'I think, Counselor,' he said, 'your own argument illustrates better than anything I could say the fallacy of your present contention. Court will take a recess until tomorrow morning at ten o'clock. The defendant is, of course, remanded to the custody of the sheriff.'
Perry Mason glanced over his shoulder at Paul Drake. The detective had produced a handkerchief from his pocket and was mopping his forehead. Mason himself heaved a sigh of relief as Judge Knox arose from the bench. Turning to Julia Branner, Mason said, 'Julia, won't you please tell me…'
Her lips clamped in a thin line. She shook her head, arose from the chair and nodded to the deputy sheriff who was waiting to take her back to the jail.
Chapter 16
Della Street twisted her fingers around Perry Mason's right hand, where it rested on the steering wheel and said, 'Chief, isn't there something I can do? Couldn't I go talk with the district
