The Case of the Nervous Accomplice

Chapter 16

Judge Sedgwick frowned with obvious distaste as he surveyed the jammed courtroom.

One of the newspaper columnists had made an analysis of Perry Mason’s strategy in the Case of the People versus Sybil Harlan, and that analysis had been so interesting, so deadly accurate that it attracted sensation-hungry spectators as honey attracts flies.

The columnist had pointed out that Perry Mason undoubtedly had some ace up his sleeve, but also pointed out that the lawyer couldn’t be certain whether or not the district attorney would be able to trump his ace. Mason, therefore, in order to emphasize the one play that he had, was deliberately underplaying the rest of the case.

If the lawyer had been completely without any high cards of his own, the columnist pointed out, he would necessarily have had to go into court objecting to this question and that question, moving to strike out answers as not being responsive, engaging in all of the technicalities of a person putting up a last-ditch legal fight.

The columnist went on to point out that the house had been used as a veritable shooting gallery. The police had conducted experiments, the district attorney had conducted experiments, and there even were rumors that Perry Mason, as attorney for the defence, presumably checking some aspect of the case, had purchased a box of blank cartridges. There was, of course, no direct evidence as to what he had done with them, but readers could put two and two together.

The defence attorney’s ace-in-the-hole was probably no part of his own case but would depend upon some masterly cross-examination of a witness for the prosecution. The last witness for the prosecution was Ezekiel Elkins, and Mason had shrewdly jockeyed the district attorney into such a position that Elkins had concluded his testimony on direct examination just as court had adjourned, so that Perry Mason would be able to start his spectacular cross-examination in the morning.

There was, of course, the columnist pointed out, the possibility that Mason intended to recall one of the prosecution’s witnesses for further cross-examination, a strategy which had been followed quite frequently by the defence attorney. But in view of the fact that he had made virtually no objections and offered virtually no cross-examination, the possibility that be would recall a witness was, in the opinion of veteran courthouse attachés, rather unlikely.

In any event, it was quite probable that the morning session of the court would be jam packed with fireworks.

The Court went through the usual preliminary incidents, calling court to order, having the attorneys stipulate that the jurors were all present, that the defendant was in court. Then Judge Sedgwick glanced at the crowded courtroom. “The Court wishes to remind the spectators,” he said, “that this is a court of justice. It is not a theatre. The Court will tolerate no disturbances, no indication of public feeling in this matter. The Court will clear the courtroom if there is any violation of decorum.

“Now then, Mr. Mason, you may proceed with the cross-examination of the witness, Ezekiel Elkins. Mr. Elkins, you will please resume your position on the stand.”

Elkins settled down in the witness chair, cleared his throat, folded his hands and looked at Mason with calm, cold eyes. He had, of course, read the papers, knew what to expect, and gave every outward indication of being prepared for it.

Mason arose to cross-examine the witness.

“You are, or were, in a sense, a business partner of the decedent, George C. Lutts?”

“No.”

“You were on the board of directors of the Sylvan Glade Development Company?”

“Yes.”

“You still are?”

“Yes.”

“You attended the meeting of the directors on the third of June of this year?”

“Yes.”

“At that meeting Mr. Lutts announced that he had sold his holdings in the corporation?”

“Yes.”

“There had been an agreement among the directors that if anyone should desire to dispose of his holdings in the company, he would first give the other directors an opportunity to buy the stock?”

“Yes.”

“That agreement had not been reduced to writing?”

“No.”

“You resented the fact that Mr. Lutts had sold his stock in violation of that agreement?”

“No.”

“Didn’t you say at the directors’ meeting that you thought it was a breach of the agreement?”

“Yes.”

“But you didn’t resent it?”

“No.”

Mason smiled at the witness. “You finished giving your direct testimony yesterday, Mr. Elkins.”

“Yes.”

“Where were you last night?”

“Oh, Your Honor,” Hamilton Burger said, “this is not proper cross-examination. It’s incompetent, irrelevant and immaterial. It’s an attempt to pry into the private affairs of the witness.”

“Sustained,” Judge Sedgwick snapped.

“Were you closeted with the district attorney for more than two hours last night?” Mason asked.

Sedgwick glanced at the district attorney.

“Your Honor, Your Honor,” Hamilton Burger said, “it’s incompetent, irrelevant and immaterial. It’s not proper cross-examination. If counsel is interested, I will admit that I talked with Mr. Elkins last night. He had already given his direct testimony, and I wanted certain matters cleared up. There’s nothing illegal about a district attorney talking with his own witness.”

Mason said, “I submit, Your Honor, that the objection by the district attorney was not made in good faith but was simply a framework which enabled him to make the statement he did for the purpose of influencing the jury.”

“I resent that,” Hamilton Burger said.

“The objection is overruled. The witness will answer the question. Counsel will refrain from personalities,” Judge Sedgwick said.

“What was the question?” the witness asked.

The court reporter read the question, “Were you closeted with the district attorney for more than two hours last night?”

“No,” Elkins said.

Mason smiled, “You mean you weren’t with him for as long as two hours?”

“No.”

“You were with him for two hours?”

“Yes.”

“More than that?”

“Yes.”

“As much as three hours?”

“Yes.”

“More than three hours?”

“No.”

Then Mason said, now sure of his ground, “What did you mean by saying that you weren’t closeted with the district attorney last night?”

“We weren’t in a closet,” Elkins said.

A ripple of laughter in the courtroom was silenced by the frowning of the judge.

“I see,” Mason said. “Now, at the session with the district attorney which took place in his office rather than in a closet, you discussed your cross-examination and what you would say on the witness stand.”

The witness fidgeted.

Hamilton Burger, on his feet, said, “I certainly discussed his position as a witness and told him that he could expect, a most grueling, desperate, last-ditch—”

“That will do, Mr. District Attorney. Sit down,” Judge Sedgwick said. “The witness is being interrogated, not the district attorney.”

“Yes, Your Honor.”

“We talked about many things,” Elkins said.

“And isn’t it a fact,” Mason went on, “that your answers of ‘yes’ and ‘no’ to my questions are because the district attorney warned you, in substance, that you might get into trouble if you volunteered any information or gave full answers; didn’t he say to you in effect that the way to confuse Perry Mason would be to listen to the questions with the utmost care and then answer them in the fewest possible words — answer yes or no wherever it was possible to do so?”

Elkins, for the first time, lowered his eyes. He cleared his throat, glanced at the district attorney.

Judge Sedgwick was also looking at the district attorney.

Hamilton Burger started to get to his feet, then changed his mind and remained seated.

“Can’t you answer that question?” Mason asked.

“Well, he did say something like that,” Elkins admitted.

“So,” Mason said, “this policy of yours of answering questions in the fewest possible words was suggested to you by the district attorney at a conference last night?”

“I can answer questions any way I want to.”

“Certainly,” Mason said, “certainly. But I am pointing out to you that this pattern of answering questions in the fewest possible words was suggested to you by the district attorney last night.”

“We discussed it, yes.”

“I am pointing out to you,” Mason said, “that this pattern of answering questions in the fewest possible words was suggested to you by the district attorney last night, was it not?”

“Yes.”

“And the district attorney told you that that would be the most sure way to confuse me in my cross-examination, didn’t he?”

“He said that it would be the best defence I had.”

“Best defence?” Mason said.

“Yes.”

“What do you have to defend yourself against?” Mason asked.

“I have to support my testimony.”

“In other words, having told a story you’re going to stand by it?”

“It was the truth.”

“So, you and the district attorney conspired last night to try and confuse me, so that you could support, at all costs, the story you had told.”

“Oh, Your Honor,” Hamilton Burger said, “I should not be forced to sit through this. I have been rebuked by the Court for one of my objections, but I must insist that this use of the word ‘conspired’ is a definite distortion. I submit that this question has already been asked and answered in effect, that it is argumentative and not proper cross-examination. Counsel has made his point, and now he is arguing with the witness.”

“Sustained,” Judge Sedgwick said. “I think you have covered this phase of the case, Mr. Mason. Let’s get on with the cross-examination.”

“Very well, Your Honor,” Mason said. He turned to the witness. “Now, you felt after you left that directors’ meeting that there was some move afoot in connection with the Sylvan Glade Development Company about which Lutts had information that you didn’t, isn’t that right, Mr. Elkins?”

“Quite naturally. I knew that if Lutts had received an offer at anywhere near the book value of the stock, he would have communicated with the others... so, I surmised... I will answer your question by simply saying yes.”

Mason said, “Now, Mr. Elkins, you and I will get along a lot better if you follow your own inclination, rather than remembering what the district attorney told you — to answer in as few words as possible.”

Hamilton Burger said, “I submit, Your Honor, that the witness has a right to answer the questions in any way he sees fit.”

“I am asking for legitimate information, Your Honor,” Mason said, “information to which the jury is entitled and to which my client is entitled. I am perfectly willing to agree that the witness may answer the questions any way he wants to, just so he answers the questions truthfully and completely. But I am pointing out to the witness that if he follows the habit of answering yes and no and answering in the fewest possible words, he is going to be on the stand a far longer time, and, in view of the circumstances and in view of the admission of the witness that these tactics were worked out in the district attorney’s office for the purpose of confusing me, I insist that I be given an opportunity to conduct a most searching cross-examination.”

“You don’t need to make statements of that sort to the Court, Mr. Mason,” Judge Sedgwick said. “No one is seeking to curtail your cross-examination. I may state that the Court understands the situation here and is going to give you the widest latitude in connection with your cross-examination. Now go ahead and cross-examine the witness.”

“And,” Mason said, turning to Elkins, “you felt that the reason Lutts had not given the other directors the opportunity to buy his stock at the price he had been offered was that that price was so large he wanted to accept the offer before it could be withdrawn. That’s substantially what you thought?”

“Yes.”

“If there had been any such peculiar development in connection with the stock of the company, you wanted to get in on it, isn’t that right?”

“Yes.”

“You decided to shadow Mr. Lutts?”

“I’ve already stated that.”

“You made some considerable effort to see that your shadowing was unnoticed?”

“Yes.”

“Specifically, what did you do?”

“Just what your question insinuated. I did everything I could to remain inconspicuous.”

“You stayed in the office of the company while Mr. Lutts was in there?”

“Mr. Lutts was in his private office. I stayed in the office of the company, yes.”

“Could you see into Lutts’ office?”

“Well, there was a frosted glass partition. I could see vague silhouettes.”

“And then what?”

“Then Regerson Neffs, another director in the company, entered the office and remained with Mr. Lutts for a while.”

“And then what?”

“Then Mr. Neffs went out.”

“And what were you doing during this time?”

“I pretended to be writing some memo on the stationery of the corporation.”

“That was just a blind?”

“Yes.”

“So you could keep an eye on Mr. Lutts?”

“Yes.”

“And what happened after Mr. Neffs went out?”

“Mr. Lutts went into the office of his son-in-law, Herbert Doxey, who is the secretary of the corporation. He was holding some papers in his hand. As soon as he saw me sitting in that outer office, he hurriedly moved his hands so as to conceal the papers.”

“And that gave you an idea that he might have been holding a duly endorsed certificate of stock?”

“Yes.”

“In other words, he was buying stock from Neffs, is that right?”

“That’s what I surmised.”

“So then what did you do?”

“I thought perhaps I had aroused his suspicions. I went out to my car and parked it where I could see the entrance to the office.”

“And you waited there until Lutts came out?”

“Yes.”

“He came out with Doxey?”

“About three-five. They drove to a restaurant not too far away, where we sometimes eat, and I could see from the way Lutts ordered and ate that he was in very much of a hurry.”

“What else did you notice?”

“While there, he placed a telephone call.”

“Made it or received it?”

“Placed it. He went to the telephone booth. He was there for some time; then he came back.”

“Do you know how many calls he made?”

“One.”

“Do you know whom he called?”

“No. I could see his hand when he dialed the number, but I couldn’t see what number it was.”

“You’re certain that he made only the one call?”

“Yes.”

“You were watching him all the time?”

“Yes.”

“He received no call?”

“No.”

“What happened after he had completed his call?”

“He bolted his lunch in very much of a hurry.”

“Then what?”

“Then Mr. Lutts came out, apparently gave Doxey some last-minute instructions and got in his car.”

“And you followed?”

“I followed.”

“And went where?”

“I followed him to the beauty shop, where I waited until Mrs. Harlan, the defendant in this case, came out.”

Mason stood for a moment, regarding the witness in frowning concentration. “You then followed Lutts and the defendant out to a place near the turn-off to the property of the Sylvan Glade Development Company?”

“Yes, sir. First, of course, there was that stop at the parking lot which I have testified to.”

“And then you had this altercation and turned back?”

“Yes.”

“So then you had one eye swollen and you had lost track of Lutts and the defendant. You thought you knew where they were going, so you turned around and went back home?”

“Not directly home.”

“You made a stop?”

“Yes.”

“Where?”

“I stopped at a butcher shop and got a beefsteak to put on my eye,” the witness said.

There was a ripple of laughter in the courtroom, and Judge Sedgwick indulgently joined in the levity to the extent of smiling, after which, however, he held up his hand, signifying that he wanted complete silence in the courtroom.

“All right,” Mason said, “you got a beefsteak for your eye, and then you went home.”

“Yes.”

“Then what did you do?”

“I remained quiet. I found that I had become rather unnerved and angry. I have trouble with my blood pressure. I took medicine the doctor had prescribed for me, which has a tendency to quiet me and, I believe, lower my blood pressure. I remained home during the evening.”

“You didn’t try to do any more business in connection with picking up stock?”

“No.”

“I submit,” Mason said, “that you gave up rather easily, Mr. Elkins. You started out with a grim determination to find out what was back of all of this activity in the Sylvan Glade Development Company stock, and then suddenly you seemed to lose all interest in the matter.”

“I had a good punch in the eye,” Elkins said. “I suddenly realized that my health was worth more than a few dollars. I felt that I would go to work the next day, when I felt better.”

“Go to work in what way?”

“I intended to call on Mr. Doxey and ask to inspect the stock ledger. I intended to find out how many shares of stock Lutts had bought from Neffs and intended to force some sort of a showdown.”

“Neffs had been generally opposed to your policies in the company?”

“Quite frequently. We didn’t get along.”

“Is it true that Lutts was rather belligerent in his reactions?”

“Objected to as incompetent, irrelevant and immaterial, and not proper cross-examination, calling for a conclusion of the witness,” Hamilton Burger said.

“I think I’ll permit that question,” Judge Sedgwick said. “The objection is overruled.”

“Well, he was always inclined to start a counteroffensive in case anyone tramped on his toes.”

“Exactly,” Mason said. “So, in case someone had fired a shot at him and had missed, the natural reaction for George Lutts would have been to turn and charge his assailant.”

“Your Honor,” Hamilton Burger protested, “I object to that question on the ground that it’s not proper cross-examination, that it’s argumentative, that it calls for a conclusion of the witness, that it invades the province of the jury and—”

“You don’t need to go any further,” Judge Sedgwick said. “The objection is sustained. This question is clearly objectionable, Mr. Mason.”

“I am trying to establish a certain fact,” Mason said, “and—”

“The Court knows quite well what you’re trying to establish,” Judge Sedgwick said. “You’re entitled to cross-examine this witness, and when you argue the case to the jury, you are entitled to engage in any reasonable surmise. But you can’t use this witness as a sounding board against which to make a premature argument to the jury. Now, go ahead.”

Mason said, “In view of the Court’s ruling, I feel that I have explored this phase of the matter as far as I can go.”

“I think you have, too,” Judge Sedgwick said. “However, I’m not going to preclude you from framing questions.”

“Now this mysterious affair that you had with the motorist out there when you got your black eye, did you—?”

“I object to characterizing this as a mysterious affair,” Hamilton Burger said. “Counsel can frame his questions so that he leaves out all of this argumentative material—”

“Objection overruled,” Judge Sedgwick said. “If counsel wishes to refer to it as a mysterious affair, he has that right. The witness can explain the situation, if he wishes. Go ahead, Mr. Mason. I believe you were interrupted by the objection.”

“This mysterious accident that you had,” Mason continued, “you don’t know with whom you had the altercation?”

“There was nothing mysterious about it; it was just a roadside altercation.”

“You didn’t get the man’s name?”

“No.”

“You didn’t get the licence number of his car?”

“No.”

“Why not?”

“I didn’t choose to report it.”

“What kind of a car was he driving?”

“A big car.”

“Do you know the make?”

“No.”

Mason announced suddenly, “I have no further questions on cross-examination.”

Judge Sedgwick glanced up in quick surprise.

Hamilton Burger heaved a sigh of relief. “That, Your Honor, is the people’s case,” he said. “The prosecution rests.”

“The defence will proceed,” Judge Sedgwick announced.

“Yes, Your Honor,” Mason said.

“Call your first witness,” Judge Sedgwick said. “Or do you wish to make an opening statement at this time?”

“No, Your Honor,” Mason said, “I’ll waive my opening statement. As my first witness I’ll call—” He looked around the courtroom — “Enright Harlan.”

Hamilton Burger’s face showed unmistakable surprise.

“Come forward and take the stand, Mr. Harlan,” Judge Sedgwick directed.

Enright Harlan came forward, held up his right hand and was sworn.

“Your name is Enright A. Harlan? You are the husband of the defendant in this case?”

“Yes, sir.”

“You have your residence at 609 Lamison Avenue in this city?”

“Yes, sir.”

“You are a sportsman, an outdoor man, a hunter?”

“I do quite a bit of hunting and fishing.”

“You are in the real estate business?”

“Yes.”

“As a realtor, you sold Mrs. Roxy Claffin certain property to the north of the Sylvan Glade Development Company?”

“Just a moment,” Hamilton Burger said. “I object, Your Honor. This is incompetent, irrelevant and immaterial.”

“It is merely preliminary,” Mason said.

“If the Court please,” Hamilton Burger protested, “here is a witness whom I couldn’t call. The law specifically provides that in a case of this sort, the husband cannot be a witness against his wife, unless the wife consents. Counsel for the defence is, therefore, in a position to call this very, very friendly witness. I therefore insist that the examination be conducted within the strict limits laid down by the law.”

Judge Sedgwick ruled, “The question, quite obviously, is preliminary, so the witness may answer it.”

“Yes,” Enright Harlan said, “I did some work for Mrs. Claffin.”

“When did you first meet Mrs. Claffin?”

“About... about eight or ten months ago.”

“How did you meet her?”

“She looked me up.”

“You weren’t introduced to her by any members of the board of directors of the Sylvan Glade Development Company?”

“No,” Harlan said, smiling faintly. “The situation was the other way around. She introduced me to one of the directors — Herbert Doxey.”

“Did you meet any of the other directors through her?”

“No.”

“You have a collection of revolvers?”

“I had seven revolvers, yes.”

“How many do you have now?”

“I have the full quota of revolvers, with the exception of the one taken by the police. It is in evidence as the fatal weapon in this case.”

“So that you have six revolvers left?”

“That’s right.”

“You heard the testimony about the revolver which has been introduced in evidence and which is described as the fatal weapon?”

“Yes.”

“Is that your gun?”

“Mr. Mason,” the witness said, “this is putting me in a very uncomfortable position. I don’t want to testify against my wife in this matter, and I—”

“Nevertheless,” Mason said, “whether it’s a disagreeable task or not, I’m asking you to answer the questions.”

“Well... I... yes, it’s my gun. I sent my secretary to pick it up when I bought it, which is why the name on the gun register is not in my handwriting.”

“Now then,” Mason said, “you got to know Mrs. Claffin quite well in connection with your business deals?”

“What do you mean by that?”

“You saw a good deal of her?”

“She had some real estate matters and—”

“Answer the question. You saw a good deal of her?”

“I was there quite a bit, yes.”

“She was living there alone in a house to the north of the Sylvan Glade Development Company’s holdings?”

“Yes.”

“Rather a nice house?”

“Yes.”

“Did you,” Mason asked, “at any time discuss with her the question of her personal safety, living out in an isolated district that way?”

“Objected to as incompetent, irrelevant and immaterial, calling for hearsay testimony,” Hamilton Burger said.

“Sustained,” Judge Sedgwick ruled.

“Did you ever take it upon yourself to give her lessons in shooting a revolver?”

“Yes.”

“What revolver did you use?”

“It was one of mine.”

“Out of your collection?”

“Yes.”

“Did you,” Mason asked, “ever give Roxy Claffin a revolver from your collection for her personal protection?”

“Objected to as incompetent, irrelevant and immaterial,” Burger said.

“Overruled,” Judge Sedgwick said, his voice showing sudden interest.

“Answer the question,” Mason said.

“I... well, as a matter of fact, I did.”

“When?”

“I would say about... oh, sometime in April.”

“Some two months prior to the murder?”

“Something like that.”

“She still has the weapon?”

“No, she returned it to me.”

“When?”

“Objected to as incompetent, irrelevant and immaterial,” Hamilton Burger said.

Judge Sedgwick looked at Mason, looked at the district attorney. Suddenly, at something he saw in Mason’s face, the judge settled back in his swivel chair and said, “The objection is overruled. Answer the question.”

Harlan said, “She returned the weapon to me on May thirtieth. She said she was more afraid of the gun than of prowlers, that she was such a poor shot she couldn’t hit a man anyway.”

“That was on May thirtieth?”

“Yes.”

“What did you do with that weapon?”

“I put it back in my collection of weapons.”

“When?”

“That afternoon.”

“What kind of a weapon was it?”

“A Smith and Wesson revolver.”

“Similar to the People’s exhibit in this case?”

“The same type of weapon. I buy revolvers in pairs, so that I can do target shooting with a friend and we will both have the same type of weapon.”

“Do you keep your weapons insured?”

“We have an over-all comprehensive policy, covering breakage, theft, loss.”

“Do you keep a record showing the numbers of your various guns?”

“Objected to as incompetent, irrelevant and immaterial,” Marvin Pierson, the trial deputy, said. “It is, if the Court please, completely extraneous, entirely removed from the subject matter of this case.”

“Objection overruled.”

“Yes, I keep a list of numbers.”

“Do you have that list with you?”

“No, of course not.”

Mason turned and caught the eye of Paul Drake. The lawyer signaled the detective.

Mason stood for a long moment facing Enright Harlan. “Where do you keep your firearms, Mr. Harlan?” he asked.

“My rifles and shotguns are kept in a series of gun cabinets with glass doors. My shotguns—”

“How about your revolvers?”

“They are kept in a concealed, locked container.”

“A locked container?”

“Yes. It’s a specially constructed compartment.”

“That container or compartment is always kept locked?”

“Yes, sir. I am very particular about that. I have a very high-grade lock on it. It is one which I am assured cannot be picked. There are only two keys to that lock. I have always been apprehensive lest some burglar break into the house, steal my revolvers, and use them in a career of crime. These revolvers are therefore kept in a locked wall compartment, concealed behind a sliding panel.”

“There are two keys to that receptacle?”

“Yes.”

“You have one?”

“Yes.”

“Who has the other?”

“Now just a moment,” Judge Sedgwick said, interrupting the witness. “Don’t answer that question, Mr. Harlan. Mr. Mason.”

“Yes, Your Honor.”

“A peculiar situation has developed in this case.”

“Yes, Your Honor.”

“As the district attorney has pointed out, the prosecution has no power to call this witness. He cannot be examined for or against the defendant in this case without the permission of the wife.”

“I am familiar with the law, Your Honor.”

“Therefore, it would seem that certain evidence which might be directly adverse to the defendant in this case can only be brought out through this witness, and that you are the only one having the power to bring it out.”

“Yes, Your Honor.”

“But you are charged with representing the interests of the defendant. The Court does not want to see the interests of the defendant jeopardized. The Court points out to you your professional responsibility in this matter.”

“Yes, Your Honor.”

“Under those circumstances, do you still insist upon an answer to this question?”

“I do, Your Honor.”

“It is most unusual,” Judge Sedgwick said.

“It is an unusual case, Your Honor.”

Judge Sedgwick’s lips tightened. “The Court is without power to prevent this situation if — Mrs. Harlan.”

Sybil Harlan looked up.

“Do you object to having your husband called as a witness in this case?” Judge Sedgwick asked.

“Not if Mr. Mason says that is the thing to do.”

Judge Sedgwick sighed. “Very well, the witness will answer the question.”

“Who had the other key?” Mason asked.

“My wife.”

Judge Sedgwick frowned, started to say something, checked himself.

“So that the only two persons who could possibly have access to that receptacle where the revolvers are kept are you and your wife?”

“That’s right.”

The swinging doors of the courtroom were pulled aside. Wheels creaked, as Paul Drake and an assistant, pushing a four-wheeled hand truck with loudly squeaking wheels, entered the courtroom.

“What is this?” Judge Sedgwick asked.

“If the Court please,” Mason said, “I must beg the indulgence of the Court, but as a part of my case it is necessary for me to introduce in evidence some material that has been discarded by one of the... well, it is very heavy material. This was the only way I could bring it to Court. I am sorry it is necessary to interrupt proceedings at this time—”

“You should have waited until the Court takes its recess,” Judge Sedgwick said. “This is a disturbance we cannot tolerate.”

“But,” Mason said, “I need this evidence as a part of my case.”

“Well—” Judge Sedgwick raised his eyes, looked across the room at Paul Drake. “You there — with that truck!”

“Yes, Your Honor,” Paul Drake said.

“Wait there until counsel finishes the examination of this witness, and then the Court will take a brief recess.

“Now, go ahead, Mr. Mason. We cannot stand such interruptions... and it seems to me you could have secured a more silent truck.”

“Yes, Your Honor.”

“Proceed with the examination of this witness.”

Mason turned to the witness. “I want you to check your remaining revolvers with the list of numbers, and I want you to produce that list of numbers.”

“Oh, Your Honor,” Hamilton Burger said, “this is entirely beside the point.”

“If the Court please,” Mason said, “I intend to connect this up. I will assure the Court that this is a very vital part of my defence. I want this witness to get the list of numbers on those revolvers and to check the revolvers. I want a complete inventory.”

“I don’t see why, Mr. Mason,” Judge Sedgwick said. “According to the testimony which you yourself have now introduced, that weapon is now definitely brought home to the possession of this witness, the husband of the defendant. I fail to see what can be ascertained by finding out anything about the other remaining weapons.”

Mason said, “I might wish to prove, at least by inference, that someone else had access to that locked receptacle.”

Judge Sedgwick stroked his chin. “Well, of course, that is a different matter.”

He turned to the witness. “How long will it take you to go to your house, get the list of numbers, open that receptacle and check the weapons that are in it?”

“I would say probably forty-five minutes to an hour. It will take about that to get out there, open the place, find the list, check the numbers and get back to court.”

“I want the witness to do that,” Mason said.

“You have some other witness you can put on while that is being done?” Judge Sedgwick asked.

“Unfortunately, Your Honor, I do not. I am going to ask the Court to take an adjournment until one-thirty this afternoon. I feel that we are entitled to this because this case is running well ahead of schedule, and I think that in large part this has been due to my desire to co-operate with the Court and counsel in getting the facts before the Court.”

Judge Sedgwick shook his head. “I appreciate counsel’s co-operation. However, the Court cannot take such a long recess. The Court will adjourn until eleven-thirty. I feel that Mr. Harlan can get out there and back in that time. The Court will ask one of the officers to provide Mr. Harlan with police transportation. This may expedite matters somewhat. You will get out there, get that list, and get back just as soon as possible, Mr. Harlan. Court will take a recess until eleven-thirty.”

Spectators started filing from the courtroom. Mason stood up, signaled Paul Drake and received in return an affirmative signal. Then Drake and his assistant started pushing the heavily loaded four-wheeled truck down the aisle of the courtroom, while astonished spectators regarded the cloth-covered load with curiosity.

Mason turned to Sybil Harlan.

“All right,” he said. “We’ve made our gamble. We’ve put all of our chips on the turn of a card. By eleven-thirty you’ll either hit the jackpot or you’ll be headed for the gas chamber or for life imprisonment.”

Mason moved over to hold the swinging gate in the bar open for the passage of the squeaking truck. As the two men pushed the heavy truck through, the lawyer moved up alongside Drake.

“Everything’s covered?” he asked.

“Everything’s covered. If any one of those persons on that list you gave me leaves the courtroom, he’ll be followed by detectives who are too skillful to lose a trail — at least, when a man’s in a hurry.”

“He’ll be in a hurry,” Mason said.

“Can you tell me what you’re trying to do, Perry?”

Mason grinned. “I’m laying a trap for a nervous accomplice.”