"I did."
"When were they made - before or afterwards?"
Truslow's face showed surprise at this line of interrogation.
"Afterwards."
"I thought," Truslow said, with a slightly nervous laugh, "that we were going to have quite a fight to get this evidence in, but I see you are bringing it out. While it probably isn't proper cross-examination, strictly speaking, I certainly am making no objection."
"I want to get all the facts in," Perry Mason said. And, turning to the witness, went on, "When you arrived at the Laxter house, Samuel Laxter was not there?"
"He was not."
"He showed up later on?"
"That is right."
"His automobile was damaged and his right arm was injured?"
"That is correct."
"But Frank Oafley was there?"
"Yes, sir."
"Where was he when you drove up?"
"I don't know where he was when we drove up, because we stopped in the garage to make a search of the automobiles, but when we reached the main terrace on which the house is situated, we noticed a man digging in the ground near a corner of the house. We turned our flashlights on him, and it was Mr. Oafley."
"That's all the cross-examination I have," Mason said.
Truslow, looking rather puzzled, remarked, "I think we'll get the corpus delicti definitely established, your Honor."
Mason slumped back into his chair with the manner of a man who has no further interest in the proceedings. Nor did he ask so much as a question while Truslow called the autopsy surgeon, then put on witnesses who identified the dead woman; who identified the club as having been sawed from a crutch; witnesses who testified to the type of crutch used by Charles Ashton and who stated that, to the best of their belief, the blood-stained club which was offered in evidence by Truslow, was part of Ashton's crutch, or, at least, a crutch similar in appearance.
Truslow brought Babson the cabinetmaker to the stand, who positively identified the section of the crutch, due to certain scratches which appeared on it, and testified how Ashton had employed him to hollow a receptacle into the crutch, and line that receptacle with chamois skin. Then, by other witnesses, Truslow brought out the value of the Koltsdorf diamonds, the fact that Peter Laxter was very much attached to them and never let them out of his possession.
"Call Samuel Laxter," Truslow announced at length.
Samuel Laxter took the witness stand.
"Your name is Samuel Laxter, you reside in the Laxter household?"
"That is correct."
"You are a grandson of Peter Laxter, deceased? You resided in what was known as the country house for several months prior to the time it burned, and then you took up your residence in what is known as the town house?"
"Correct."
"You were acquainted with Edith DeVoe?"
"Yes, sir."
"You saw her body in the morgue?"
"Yes, sir."
"She was dead?"
"That is right."
"And the body you saw was the same as that pictured in the photograph, People's Exhibit No. 1?"
"That is correct."
"And that was Edith DeVoe?"
"That is right."
"Where were you on the evening of the twenty-third between the hours of nine o'clock in the evening and approximately eleven-thirty at night?"
"I refuse to answer."
Truslow smiled. "You can't refuse to answer," he said, "without being guilty of contempt of court. That story about protecting some mysterious woman won't go here, Laxter. You're in a court of justice - you've got to answer."
Nat Shuster came bustling forward.
"If the court please," he said, "it now appears that an attempt is being made to malign the character of this witness by extraneous questions. He is not accused of the murder and if he was not accused of the murder, it makes no difference where he was unless he was present at the place where the murder was being committed."
"You're appearing for Mr. Laxter?" Judge Pennymaker asked.
"Yes, your Honor."
"I," Mason observed, "am making no objection to the question."
"I am going to order the witness to answer the question," Judge Pennymaker stated.
"I refuse to answer."
Judge Pennymaker's face clouded.
Shuster leaned across the counsel table. "Go on," he said; "say the rest of it."
"Upon the ground that the answer might tend to incriminate me," Laxter said, after the manner of one who has learned his speech by heart.
Shuster smiled, and turned toward the Court.
"I want the Court to understand," he said, "that the answer would not tend to incriminate him, so far as any crime under discussion is concerned, but I believe there is a city ordinance which might have been violated by this witness, and, inasmuch as we are technically able to back up our position on such grounds, I have instructed my client to protect the good name of the young woman involved in the case."
"Bosh and nonsense and grandstand!" Mason said.
Judge Pennymaker pounded with his gavel.
"That will do, Counselor. You have no right to make any such statement."
Perry Mason nodded. "That is right, your Honor, but on the other hand, Counsel for Mr. Laxter has no right to make any such statement - a statement which is intended only to appeal to the newspapers."
Shuster waved his arms excitedly. "Your Honor, I resent that accusation."
Truslow's voice boomed out over the hysterical comments of the excited lawyer, "I agree with Counselor Mason, your Honor. However, it is all immaterial. I now offer this witness immunity from prosecution for any crime other than that of murder and again repeat my question."
"Again I refuse," Laxter said doggedly, "on the ground that the answer would incriminate me."
"You were not at the Laxter residence at the time Ashton was murdered?" Truslow asked.
"I was not."
"Where were you?"
"I was in Nathaniel Shuster's office. I was there from before ten o'clock until after eleven."
"Was anyone there with you?"
"Nathaniel Shuster."
"Anyone else?"
"James Brandon."
"Who is James Brandon?"
"He's employed as chauffeur and butler."
"Was he present in the discussion which took place between you and Nathaniel Shuster?"
"No, sir, he sat in the outer office."
"When did he leave?"
"About ten minutes before eleven o'clock I told him that he might go home. There was no need for him to wait any longer."
"Then what did you do?"
"I stayed on in Nathaniel Shuster's office for a few minutes."
"Then where did you go?"
"I refuse to answer, upon the same ground - the answer would tend to incriminate me."
"Incriminate you in what way and for what crime?"
"I refuse to answer."
Truslow said disgustedly, "I think that's all. I'm going to ask the Grand Jury to investigate this matter."
Laxter started to leave the witness stand. Nat Shuster's teeth were quite evident as he smiled triumphantly.
"Just one moment," Perry Mason said. "I believe I have the right to cross-examine this witness."
"But he hasn't testified to anything," Shuster objected.
"Sit down, Counselor Shuster," Judge Pennymaker ordered. "Counselor Mason has the right to cross-examine upon any of the testimony given by this witness."
Mason faced Sam Laxter.
"You drove to Shuster's office with Jim Brandon?"
"That's right, yes, sir."
"And you drove in the green Pontiac?"
"That's right."
"You know where Douglas Keene's apartment is?"
"Yes."
"Did you on the night of the twenty-third?"
"I can't remember I think perhaps I did."
"Hadn't you called on him there some time prior to the twenty-third?"
"I think perhaps I had been there, yes."
"After you left Shuster's office, didn't you go to Edith DeVoe's apartment?"
"I refuse to answer."
"And at that time wasn't the Chevrolet automobile customarily driven by Charles Ashton, the caretaker, parked in front of Edith DeVoe's apartment house?"
Shuster fidgeted uneasily, leaned forward as though about to burst into speech.
Laxter said in an even monotone, "I refuse to answer."
"Now, then," Mason said, "didn't you enter Edith DeVoe's apartment? Did you find her lying on the floor, unconscious? Didn't you realize that she had previously made accusations which virtually amounted to charging you with the murder of your grandfather? Didn't you thereupon rush from the apartment where she was lying, enter the Chevrolet automobile, drive it to Keene's apartment, cut your arm with a knife, razor blade, or other deep instrument, leave blood stains on Keene's garments, telephone Nathaniel Shuster, explain to him what had happened; that you were afraid that you might face a murder charge, and, in order to make the injury to your arm appear to have been accidentally sustained, didn't you deliberately drive the Chevrolet automobile into a lamp-post on the road home?"
Shuster jumped to his feet. His hands pawed the air.