The Case of the Caretaker's Cat (20 page)

"It was Clinker."

"That's the caretaker's cat?"

"Yes."

"Would you know that cat if you saw it again?"

"Certainly."

Truslow motioned to a bailiff who had evidently been waiting for the signal. The bailiff stepped through the door to an ante-room and shortly emerged, carrying a big Persian cat, about the neck of which was affixed a tag.

"Is this the cat?"

"That's Clinker, yes."

"Your Honor," Truslow said, smiling at Perry Mason, "let it appear that the witness identifies the Persian cat, about the neck of which is affixed a tag bearing the words 'Clinker' and the initials 'H.B.,' in the handwriting of Hamilton Burger, the district attorney."

Judge Pennymaker nodded.

Truslow turned to Perry Mason and said, "Cross-examine."

"Could you see the cat clearly enough to identify it?" Mason inquired.

"Yes," the witness snapped belligerently. "I'd know Clinker anywhere – even if they had let you substitute cats, I could have picked Clinker out…"

Judge Pennymaker pounded with his gavel. The courtroom broke into laughter.

"That last remark may be stricken from the records," Judge Pennymaker suggested to Perry Mason.

Mason nodded. He seemed to have lost interest in the proceedings.

"No further questions," he said.

"Call James Brandon," Truslow instructed the bailiff.

James Brandon, his face seeming to leer sardonically because of the distinctive scar, came forward and was sworn.

"You're employed by Mr. Samuel Laxter?" Truslow asked.

"And by Mr. Oafley," Brandon said. "I'm employed as chauffeur and butler."

"And were so employed on the night of the twenty-third?"

"Yes."

"Did you have occasion to see the defendant on that night?"

"I did."

"Where?"

"Just below the garage of the Laxter house."

"Did you see his car parked near there?"

"His car was parked about twenty yards farther down the road."

"What was he doing when you saw him?"

"He was coming from the direction of the Laxter house with a cat in his arms."

"Did you recognize the cat?"

"I did. It was Clinker."

"The cat which has been tagged with the name 'Clinker,' and which is now here in court?"

"That's the cat."

"What time was this?"

"Right around eleven o'clock, perhaps two or three minutes after eleven."

"You were driving an automobile?"

"Yes."

"Where had you been prior to the time you saw the defendant?"

"I'd been in Mr. Shuster's office. Mr. Sam Laxter asked me to take him to Mr. Shuster's office. I arrived at Shuster's office shortly before ten o'clock and remained there until a little before eleven, when Mr. Laxter told me I could take the car and go home. I then drove back to the Laxter house, put up the car, entered the house and remained there during the evening."

"Was Mr. Oafley there when you arrived?"

"No, sir; he came in some ten or fifteen minutes later."

"You may inquire," Truslow said.

"Was the defendant carrying a crutch when you saw him?"

"No, sir."

"You're certain it was Clinker that he was carrying?"

"Yes, sir; I saw him very clearly in the lights of the automobile."

"Did he subsequently return to the house?"

"I don't know. I think he did."

"What makes you say that?" Mason inquired.

"I heard a car drive around the driveway and stop at a point opposite the window to Ashton's bedroom. I thought it was the defendant's car, but I didn't look. That is, I thought the motor sounded like the motor on his car."

"How long was the car there?"

The witness leered at Perry Mason. "Two or three minutes," he said. "Plenty long enough for the defendant to pick up a crutch and put it in the car."

The courtroom tittered.

"Exactly," Mason said. "Now if he had driven back to pick up the crutch, why didn't he pick up the cat at the same time? What was the object in carrying the cat in his arms if he was going to return later on with the automobile?"

"I don't know," the witness said after a moment.

"I'm quite certain you don't," Mason observed, getting to his feet. "Now, you'd been taking quite an interest in Charles Ashton, hadn't you?"

"Me, sir?"

"Yes, you."

"Why, I don't think so."

Mason stared steadily at the witness, and Brandon, squirming uncomfortably in the chair, avoided his eyes.

"Do you know when Ashton came to consult me about his cat?"

"I can't say," the witness said.

Mason, staring at him coldly, said. "You're under oath, remember that. When Ashton came to my office, you followed him, didn't you?"

"No, sir."

"You had the green Pontiac," Mason said slowly. "You parked it in front of my office. You waited until Ashton came out and then you followed him, driving slowly in the car, didn't you?"

The witness wet his lips, remained silent. Judge Pennymaker leaned forward, his face showing interest. Truslow looked puzzled.

"Go on," Mason said; "answer the question."

"Yes, sir," the witness said finally; "I did."

"And you went to Babson, the crutch maker, and asked him about Ashton's crutch, didn't you?"

Once more, there was a perceptible period of hesitation, then Brandon said slowly, "Yes, sir; I did."

"And found out that Babson had hollowed out a receptacle in Ashton's crutch."

"Yes, sir."

"Why did you do that?"

"I was instructed to."

"Who instructed you?"

"Frank Oafley."

"Did he say why he wanted you to do that?"

"No, sir. He told me to shadow Ashton every time Ashton left the premises. He asked me to find out where Ashton went, report on everyone Ashton saw, and find out how much money Ashton spent. He was particularly anxious about the money."

"When did he tell you that?"

"On the twentieth."

"And when did he tell you you didn't need to shadow Ashton any more?"

"On the evening of the twenty-third."

"At what time?"

"At dinner time."

Perry Mason returned to the counsel table, sat down in his chair and smiled over at Truslow.

"That," he said, "is all."

Truslow hesitated, then slowly said, "I think that's all. Dr. Robert Jason will please take the stand."

Dr. Robert Jason took the stand, testified to the fact that the body of Peter Laxter had been exhumed; that he had made a careful post mortem examination for the purpose of determining whether the burns had been inflicted before death or afterwards.

"What did you determine?" Truslow asked.

"The body was almost incinerated, but there were several places where the clothing had protected the flesh. It is an established fact that, where death results from burning, at points where the clothing is tight around the body, there is less damage to the flesh. On these areas I was able to make an examination from which I reached my conclusion."

"What was that conclusion?"

"That the deceased met his death prior to the fire."

"Cross-examine," Truslow announced.

"Did you determine whether the cause of death had been burning or carbon monoxide poisoning?" Mason asked.

Dr. Jason shook his head. "In all cases of burning there is usually present carbon monoxide residue in the tissues."

"So it would be virtually impossible to tell whether a person had met death from carbon monoxide poisoning, which was administered through fumes liberated from the exhaust of a motor vehicle, or by being asphyxiated and burnt in a burning house. Is that right?"

"That is approximately correct; yes sir."

"Therefore, acting on the assumption that the body would show evidences of carbon monoxide poisoning in either event, you failed to make any test for it in this post mortem examination?"

"That's right."

"Did you make any x-rays of the bones?"

"No. Why?"

"I was wondering if the body showed that the right leg had recently been broken."

Dr. Jason frowned.

"What would that have to do with it?" Truslow inquired.

"I would just like to have such a test made," Mason remarked, "and, if we are going to have this evidence introduced at all, I feel that I am entitled to know whether there was evidence of carbon monoxide poisoning."

"But," Judge Pennymaker pointed out, "the witness has just stated that such evidence would be present, regardless of how the man met his death."

"Oh, no, he didn't," Mason said. "He simply testified that such evidence would be present whether death had been from burning or from carbon monoxide. I would like to have this witness instructed to ascertain immediately those two things and return to court."

"I can telephone to my office and have one of my assistants make the test immediately," the witness said.

"That will be quite agreeable," Perry Mason observed.

"That would be irregular," Judge Pennymaker pointed out.

"I know, your Honor, but the hour is getting late and I would like to have the matter completed today. After all, this isn't a case in a superior court before a jury. The function of this hearing is only to determine whether a crime has been committed and whether there is reasonable ground to suppose the defendant is guilty."

"Very well," Judge Pennymaker said; "you may do that, Dr. Jason."

Dr. Jason left the witness stand.

Della Street came pushing forward toward the rail which separated the place reserved for court officials from the balance of the courtroom. She caught Perry Mason's eye.

"Just a moment, if the Court will indulge me," Perry Mason said, and went to the rail.

Della Street whispered to him, "I've been calling the insurance company and asking for information. They've just advised me that the police in Santa Fe, New Mexico, have recovered my car. A man was driving it who claims he is Watson Clammert, but can offer no proof of his identity other than some receipts which the police think are forged, because the receipts show that he purchased and paid for the car, as Watson Clammert. But the peculiar thing is that they think he's a bank robber, as well, because in a suitcase in the car there was over a million dollars in currency."

Mason sighed with satisfaction.

"Now," he said, "we're getting somewhere."

"We'll call Winifred Laxter to the stand," Truslow said, "as our next witness."

He lowered his voice slightly and said to Judge Pennymaker, "The Court will undoubtedly bear with us that this is a hostile witness, and permit the use of leading questions."

"You may examine the witness," Judge Pennymaker said, "and rulings will be made when the necessity for leading questions becomes apparent."

"Very well. Take the stand, Miss Laxter."

Winifred Laxter walked forward, as a princess might approach the sword of a headsman.

She held up her right hand, took the oath and then walked to the witness chair and sat down.

"Your name is Winifred Laxter and you are engaged to the defendant?"

"I am."

"You were acquainted with Charles Ashton?"

"I was."

"You are familiar with the cat now in court, with a tag around its neck upon which the word 'Clinker' appears?"

Winifred Laxter bit her lip and said, "I knew the caretaker's cat."

"Is this the caretaker's cat that you have mentioned?"

Winifred Laxter looked pleadingly at Perry Mason, but Perry Mason remained silent. She took a deep breath, hesitated, seemed about to shake her head, but the cat, with a throaty "meow," jumped from the table, crossed the courtroom, leapt into her lap and curled up contentedly. Some of the spectators tittered. The Judge pounded with his gavel. The girl glanced once more at Perry Mason.

"Answer the question, Winifred," Perry Mason said, "and tell the truth."

"Yes," she said, "this is Clinker."

"Did you have Clinker in your possession on the night the night the caretaker was murdered?"

"Answer the question," Mason told her, as she looked helplessly at him.

"I'm not going to answer."

"Answer the question, Winifred," Mason repeated.

She stared steadily at him, then said slowly, "Yes, I did."

"Who gave you the cat?"

Her manner was vengeful now. "A friend of mine gave me the cat and I gave it to Perry Mason – that is, Perry Mason took it with him. He said that the police mustn't find it in my apartment."