The Case of the Queenly Contestant

“Very well,” Lieutenant Tragg said. “We found a house with a front door which was closed and locked with a spring lock. The back door, however, was unlocked and partially open. We found a typical duplex bungalow, and in the bedroom of the bungalow, where all windows were closed and locked, we found the body of the occupant of the duplex.”

“Her name, please.”

“Agnes Burlington.”

“What was the condition of the body, Lieutenant?”

“It was clothed in a garter girdle, a bra, stockings and shoes.”

“How was the body lying?”

“Somewhat on its left side, generally in a face-down position.”

“What was the condition of the body medically.”

“The medical examiner can tell you more about that,” Lieutenant Tragg said. “But, generally, rigor mortis appeared to have formed and disappeared. There was postmortem lividity.”

“What did the postmortem lividity indicate?”

“That the body had not been moved after death.”

“You took photographs?”

“We took many photographs, showing the position of the body and the surroundings.”

“Now, when you moved the body, what did you find?”

Lieutenant Tragg knew that he was dropping a bombshell in the lap of the defense. He couldn’t resist glancing at Perry Mason to see how the defense lawyer would take the information.

“We found a thirty-two-caliber Smith and Wesson revolver under the body.”

Mason jerked bolt upright in his chair. “May I ask the court reporter to read that last answer?” Mason asked.

“Very well,” Judge Elwell ruled.

The court reporter read the answer: “We found a two-caliber Smith and Wesson revolver under the body.”

“Was that revolver the fatal weapon?” Dillon asked.

“I object, if the Court pleases,” Mason said. “This calls for a conclusion of the witness, and no proper foundation has been laid for his examination as a ballistics expert; nor has there been any evidence that the decedent met her death by means of a gunshot wound. Therefore, the question assumes facts not in evidence.”

“Oh, if the Court please,” Dillon said, “this is simply an attempt to expedite matters. I suppose that I could ask Lieutenant Tragg as to the cause of death and he could state that it was a bullet wound, but defense counsel would probably object on the ground that I had not qualified him as an autopsy surgeon.”

“Go ahead; ask him,” Mason invited.

“What was the cause of death?” Dillon asked.

“A gunshot wound.”

Dillon said wearily, “At this time I’ll withdraw Lieutenant Tragg from the stand temporarily and put on the autopsy surgeon.”

“Just a minute,” Mason said. “I have a few questions I would like to ask of Lieutenant Tragg on cross-examination before he steps down.”

“You’ll have an opportunity to cross-examine him when I’m finished,” Dillon said irritably.

“But I would like to cross-examine him now as to certain phases of the testimony he has already given. If you are going to ask him to step down from the stand, I think that I have that right,” Mason said.

“All right, all right, all right,” Dillon said testily. “I have no objection.”

Mason said, “You found a gun under the body of the decedent, Lieutenant Tragg?”

“That’s right. Yes, sir.”

“And that gun was a thirty-two-caliber Smith and Wesson revolver?”

“Yes, sir.”

“What about the cylinder?”

“The gun was fully loaded.”

“There were no empty cartridges in the cylinder?”

“No.”

“Had the gun been discharged recently?”

“According to the best tests we could make, the gun had not been discharged in some time.”

“And did you make any attempt to trace the registration of that gun?”

“We did. Yes, sir.”

“And who had originally purchased that gun?”

“The decedent, Agnes Burlington, had purchased it some years ago when she was a nurse in San Francisco and was called upon to go home from nursing jobs at various hours of the night.”

“She had permission to carry the weapon?”

“She did when she purchased it and for some years thereafter in San Francisco; but she did not have a permit to carry the gun at the time of her death.”

“This revolver was a thirty-two-caliber?” Mason asked.

“That’s right.”

“Is it possible that the decedent could have met her death with a bullet from that gun and that thereafter someone could have removed the empty cartridge case and inserted a full cartridge in the cylinder?”

Lieutenant Tragg shifted his position on the witness stand, then said, “I would say not.”

“Why?” Mason asked.

“Well, in the first place, I think she was shot with a thirty-eight-caliber revolver. I think we have the murder weapon. In the second place, I don’t think that this thirty-two-caliber Smith and Wesson had been fired at any time within the last five or six weeks.”

“You recovered the fatal bullet?” Mason asked casually.