usually made a practice of winning his cases before the prosecution rested and by bringing out his defense from the prosecution's own witnesses, seized upon the opportunity with the eager avidity of a bird pouncing upon a hapless worm.

'What make was the gun that the defendant gave you?' he asked.

'What make?'

'Yes, who manufactured it? Was it a Colt, a Smith and Wesson, a Harrington and Richardson, a-'

She shook her head. 'I don't know the brand, Mr. Burger.'

'You don't know the manufacturer's name?'

'No, sir.'

'You don't know the serial number?'

'No, sir.'

'Yet when Perry Mason held this gun up in front of you and asked if you had seen this Smith and Wesson gun, number K524967 and you said it was the gun the defendant had given you, you were swearing to facts you didn't know. Is that right?'

'I relied upon Mr. Mason. It looked exactly like the gun Mr. Dutton had given me.'

'Looked like it,' Hamilton Burger sneered. 'How many guns have you had in your possession?'

'Just the one.'

'You never looked at the number on this gun?'

'No, sir.'

'You don't even know where the number is located, do you?'

'No, sir.'

'You say it looked like this gun,' Hamilton Burger said, holding up the weapon. 'People's Exhibit A-G?'

'Yes.'

'Exactly like it?'

'As nearly as I can tell, exactly like it.'

'Do you know how these weapons are made?'

'What do you mean?'

'You know that they are made by machinery and then assembled?'

'I assume as much.'

'And do you know that there are hundreds-thousands-perhaps hundreds of thousands of guns of this exact make and model, guns which look exactly like this?'

'Well, I… I suppose so.'

'You didn't notice any distinguishing marks on the gun which the defendant gave you, no scratches of any sort?'

'No, sir.'

'So, for all you know, the defendant could have had half a dozen guns and simply handed you any one of these guns, told you that it was his and still been carrying another gun in his pocket?'

'Well, I… I can't identify this specific gun.'

'Exactly,' Burger said, 'all you know is that the defendant gave you a gun. You don't know that he gave you this gun.'

'I can't swear to it.'

'Then you can't testify to it,' Hamilton Burger said. 'You're here to swear, not to guess.'

The witness was at a loss for any answer.

Hamilton Burger tried a new attack.

'Prior to the disappearance of this gun, had the defendant called on you?'

'He had been at my apartment, yes.'

'And while he was there, had he made some excuse to go to the place where you kept this gun? Think carefully now.'

'He had a fight with Fred Hedley.'

'Where did that fight take place?'

'In my apartment.'

'I mean where in your apartment?'

'It wound up in my bedroom.'

'In your bedroom!'

'Yes.'

'That's where you kept this gun?'

'Yes, sir.'

'And the defendant was in there?'

'Yes, sir.'

'What was the date of this fight?'

'The twenty-first of September.'

'The night of the murder?'

'Yes, sir.'

'So on the night of the murder the defendant made an excuse to go to the room where you kept this gun, created a diversion there, then ran out and when next you looked in the bedroom for this gun, it was gone. Is that right?'

'Well, it wasn't-'

'Yes or no, please.'

'Well… yes.'

'That's all!' Burger announced.

Mason said, 'One question on redirect. Who started the fight?'

'Fred Hedley.'

'Who ran into the bedroom where you kept the gun?'

'He did.'

'Fred Hedley?'

'Yes.'

'That's all,' Mason said, smiling, 'and our next witness will be the defendant, Kerry Dutton.'

Mason turned to Dutton. 'It's up to you,' he whispered. 'If you can put it across, you're out, and if you can't, you're convicted.'

'I'll put it across,' Dutton promised, and strode to the place in front of the witness stand where he held up his hand; was sworn; took the witness chair and turned to face Perry Mason.

Mason led the witness along skillfully, showing his name, his occupation, his acquaintance with the father of Desere Ellis, the death of the father, the provisions of the will by which Dutton became trustee of a so-called spendthrift trust.

'What was the value of the various securities which you received under this trust at the time you received them?'

'Approximately one hundred thousand dollars.'

'And the term of the trust under the will was how long?'

'Until the beneficiary, Desere Ellis, became twentyseven years of age.'

'And there was a provision in the will that the trust was created because her father believed she was at an impressionable age in life; that she was overly sympathetic, particularly to lost causes, and that he felt she needed to be protected from herself?'

'Yes, sir.'

'And did you discuss with Miss Ellis the manner in which you proposed to administer the trust?'

'Yes, sir.'

'The first conversation,' Mason said, holding up the index finger of his left hand, 'let's have the first conversation. What did you tell her?'

'I told her what the income from this money would be; that it wouldn't support her in the rather expensive style to which she had been accustomed; that she would undoubtedly be married prior to the termination of the

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