The Case of the Howling Dog   ::   Гарднер Эрл Стенли

"May I also ask counsel," said Perry Mason, "in view of the request for a continuance, if he has any other witnesses, or if this is his last witness?"

"This," said Claude Drumm, "is my last witness. I grant counsel the right to cross examine her. The district attorney's office joins with counsel in a desire to find out the true facts of this case.

"But I cannot consent to the continuation of a crossexamination of a woman who is manifestly suffering from such a terrific nerve strain."

"I think, Counselor," said Judge Markham, "that the motion at this time is well taken, at least for a short continuance."

Perry Mason's smile was urbane.

"Your Honor," he said, "the motion for a continuance is no longer necessary. It gives me pleasure to announce that in view of the mental state of the witness, and my desire to complete the case, I am finished with my crossexamination."

He sat down.

Claude Drumm stood by his chair at the counsel table, staring incredulously at Perry Mason.

"You're finished?" he asked.

"Yes," said Perry Mason.

"Under those circumstances," said Claude Drumm, "I am taken by surprise, Your Honor, and I would like to have the case continued until tomorrow morning."

"For what reason?" asked Judge Markham.

"Simply in order to get my mind clear upon certain facts, and to ascertain what course I desire to take," said Claude Drumm.

"But," pointed out Judge Markham, "in response to a question by counsel, you have stated that this was your last witness."

"Very well," said Claude Drumm suddenly. "I rest. Let counsel go ahead with his defense."

Perry Mason bowed to the court and to the jury.

"The defendant," he said, "also rests."

"What?" shouted Claude Drumm. "You are putting on no evidence whatever?"

"The defendant," said Perry Mason with dignity, "rests."

The voice of Judge Markham was calm and judicial.

"Do you gentlemen desire to argue the case?" he asked.

"Yes," said Perry Mason, "I would like to argue the case."

"And you, Counselor?" the judge asked of Claude Drumm.

"Your Honor, I cannot argue this case at the present time. It will require some preparation. Once more I ask for an adjournment…"

"Once more," he said, in a tone of finality, "the request is denied. I feel that the rights of the defendant in this case are entitled to consideration at the hands of the Court. Go ahead and argue, Mr. Drumm."

Claude Drumm got to his feet.

"Your Honor," he said, "I think I shall ask the Court for a dismissal of this case."

The court nodded. "Very well," he said, "if…"

Perry Mason was on his feet.

"Your Honor," he said, "I object to the motion. I believe that I have previously stated my position in regard to it. The defendant in this case is entitled to have her name cleared. A dismissal of the case would not do that."

Judge Markham's eyes suddenly narrowed. He looked at Perry Mason with the wary watchfulness of a cat regarding a mouse hole.

"Do I understand, Counselor, that you object to a dismissal of this case by the prosecution?"

"I do."

"Very well," said Judge Markham, "we will let the jury take the case. The deputy district attorney will proceed with the argument."

Claude Drumm got to his feet, walked toward the jury box.

"Gentlemen of the jury," he said, "there has been a most unexpected development in this case. I do not know what course I should have taken, had the case been continued so that I could give a complete consideration to the facts. However, as the facts now stand, the defendant in this case is shown to have been present at the house where the murder was committed, at the time the murder was committed. She is shown to have had a motive strong enough to impel her to murder the decedent. The gun with which the killing was done was a gun which she had purchased. Under the circumstances, I feel that she should not be acquitted. I am frank to state I do not feel that the state should ask for the death penalty. I am frank to state that I am somewhat confused by the sudden turn of events, but I feel that these matters should be considered by you. Gentlemen, I have nothing further to say."

In savage dignity Claude Drumm strode back to the counsel table and resumed his seat.

Perry Mason approached the jurors, stared at them quizzically for a few moments.

"Gentlemen," he said, "a fortunate break on the part of the main witness for the prosecution has saved you the possibility of working an irreparable wrong upon an innocent woman.

"The evidence in this case is purely circumstantial. From the circumstances of the case, the prosecution is entitled to make any deductions it desires; also, the defense is entitled to make any deductions it desires.

"Let me, therefore, take the circumstances of this case and outline to you first, the impossibility of the crime having been committed by the defendant, and, second, the possibility that it was committed by some other person.

"In the first place, the evidence shows that the person who murdered Clinton Forbes entered the house either with a passkey or with a key which was rightfully in the possession of such person. The evidence shows that that person went to the room where Forbes was engaged in shaving. The evidence shows that Forbes strode out of his bedroom into the library to see who the intruder was; that he then became alarmed, ran back to the bathroom, and liberated the police dog which had been chained in the bathroom. It is apparent that when he heard some one in the library, Forbes mopped the lather from his face with a towel as he walked out to the library. After he beheld the intruder, he ran back to the bathroom and unchained the dog. As he did so, he used both hands to unchain the dog, and dropped the towel containing the lather which had been wiped from his face. This towel was dropped near the edge of the bathtub, in exactly the position where it would have been dropped, logically and naturally, under the circumstances. The dog sprang toward the intruder with bared teeth, and as counsel for the prosecution has so aptly remarked, and as witnesses for the prosecution have so truthfully testified, endeavored to save the life of his master. The assassin shot the dog at close quarters. The powder burns are on the fur of the dog. That shows that the dog was actually attacking the murderer when the shots were fired.

"After those shots were fired, the intruder grappled with Clinton Forbes. It will never be known whether the intruder came to meet Clinton Forbes, or whether Forbes rushed to meet the intruder, but the shots which killed Forbes were fired at close range.

"Gentlemen, it is the contention of the prosecution that those shots were fired by the defendant in this case.