The Case of the Phantom Fortune

Chapter 19

Judge Romney Saxton took hisposition on the bench and said, "The case of the People of the State of California versus Horace Warren. This is a preliminaryexamination for murder. Is the case ready to be heard?"

"Ready for the defence,"Perry Mason said.

Hamilton Burger got to his feet."If the Court please, in announcing that we are ready for the prosecutionI wish to state . that my trial deputy, Alpheus Randolph, will assist me inpresenting the case.

"I am aware that an openingstatement is not usually made in connection with a preliminary hearing. I amalso aware my personal appearance in a preliminary examination is highlyunusual, but this is an unusual case. Because of the peculiar circumstancessurrounding this hearing, I desire to make a statement to the Court so that theCourt will understand the purpose of the evidence we are introducing and how itfits into an overall pattern.

"We have, for instance, beenunable to find a motivation for murder in the evidence in this case except byimplication and by circumstantial evidence.

"We propose to introduce thatcircumstantial evidence and let the Court draw its own conclusions.

"We shall be able to show thaton the night of the third of this month an attempted murder was committed inconnection with the hold-up of the main branch of the Pacific NorthernSupermarket in this city There were two witnesses who saw the murderer.

"Mr Perry Mason, who is theattorney for the defendant in this case, employed an artist to make a sketch ofthe decedent this was done in advance of any interview with those witnesses andbefore hearing any description given by those witnesses.

"The circumstantial evidenceindicated conclusively that Mr Mason intended to use this to exert pressure tobear on the decedent, Collister Gideon.

"Gideon had been convicted of afelony previously and had but recently been released from the federal prison.Knowing that a person of Mr Mason's influence was intending to frame anattempted murder charge on him, he could conceivably have been expected topanic."

"Now, just a minute,"Judge Saxton interrupted. "This is a serious charge. Are you intimatingthat Mr Mason was framing an attempted murder case on the decedent?"

"That is what I said, YourHonour."

"And that he tampered with thetestimony of witnesses?"

"That is my charge and I expectto prove it by way of motivation."

"That is a most seriouscharge," Judge Saxton said.

"The proof will substantiatethe charge," Hamilton Burger asserted.

Judge Saxton's mouth set in a grimline. "Very well," he said. "Proceed with your statement."

"We will prove," HamiltonBurger went on, "that the decedent, Collister Gideon, was killed by athirty-eight calibre revolver which was found in the possession of thedefendant, that the defendant was found hiding at the scene of the murder. Onthe strength of that evidence we will ask for an order binding the defendantover to the Superior Court for trial."

"Very well," Judge Saxtonsaid. "Does the defence wish to make an opening statement?"

Perry Mason gpt to his feet."The defence wishes to make this statement The defendant is presumedinnocent until he is proven guilty. I am presumed innocent until I have beenproven guilty.

"The defence would like to havethe Court keep in mind that any suggestion made to a witness is not necessarilyan unlawful attempt to get a witness to falsify his testimony."

"I don't think you need toworry abut this Court understanding the fundamentals of criminal law, Mr.Mason. The People will proceed."

Hamilton Burger said, "If theCourt please, under the unusual circumstances of this case, I am going to callMr Drew Kearny as my first witness because I want to lay the foundation forshowing the motivation in this case."

"Do I understand Mr Kearny's testimonygoes to motivation?"

"Yes, Your Honour."

"In what way?"

"We propose to show that thedefendant, through his attorney, Perry Mason, was trying to frame an attemptedmurder charge on Collister Gideon, the decedent in this case."

"The Court is very muchinterested in that evidence," Judge Saxton said. "Mr Drew Kearny willcome forward and be sworn."

Kearny came forward, held up his right hand, wassworn, gave his name, address, his occupation.

"You have a store in thiscity?"

"A small store, yes sir. I havea store and shop combined. I do electrical repair work and sell some electricalgoods."

"Now, do you have occasion toremember the third of this month?"

"I do, yes, sir."

"Where were you on thatdate?"

"Well, actually it was just afew minutes past midnight so I suppose technically it was on the morning of thefourth," Kearny said. "I had been to a late movie and was walkinghome."

"Are you familiar with thelocation of the Pacific Northern Supermarket at 1026 Haliston Avenue?"

"I am, yes, sir."

"Did your route take you pastthat supermarket?"

"It did. Yes, sir."

"While you were there didanything unusual happen?"

"Yes, sir."

"What?"

"The front door of the marketopened, a man came running out and almost collided with me."

"Then what happened?"

"This man held a revolver inhis hand. He put the revolver in front of me and told me to put up myhands."

"What did you do?"

"I put up my hands."

"Did the man make any otherstatements?"

"I had assumed it was a hold-upand -"

"Never mind what you hadassumed. The question is Did the man make any other statements?"

"Yes, sir."

"What did he say?"

"He said, 'Keep them up.'"

"Then what did he do?"

"He started backing away fromme, moving rather rapidly backwards until he was nearly two-thirds of the wayacross the street. Then he suddenly turned and ran as fast as he could down thealley."

"What did you do?"

"I tried the door of the store.It was locked. There was a spring lock on the inside, but I sensed somethingwas wrong and I started for a telephone. I wanted to get there as fast as Icould and notify the police."

"You were familiar with theneighbourhood?"

"Yes, sir."

"Did you know where the nearesttelephone was located?"

"Well now, I'm not certain thatit was the nearest telephone but I knew there was a telephone booth at aservice station about three blocks down the street, so I started running."

"How fast were yourunning?"

The witness grinned. "As fastas I could at the start, but I slowed down pretty quick. I used to do somesprinting but I found out I was pretty badly out of shape. I slowed down to ajog-trot after a couple of blocks and then I heard the siren and saw the redlight of this police car coming, so I ran out in the middle of the street,waved my hands and flagged it down."

"All right, we'll pass up whathappened after that for the moment," Burger said, "and go on to whathappened later on."

"Well, you mean about thesketch?"

"Yes."

"Well, a man whose name wasParley Fulton came to call on me. He had a sketch, a pencil sketch, and heshowed it to me and asked me if that was the man I had seen … Well now, waita minute. There was some conversation before that. First he asked me generallyto describe the man I'd seen. He told me he was a private detective and showedme his credentials, and then he showed me this sketch and asked me if thatwasn't a picture of the man I had seen and if the physical description wasn't amatch."

"What did you tell him?"

"I looked at the sketch andtold him no, that wasn't the man."

"Then what happened?"

"Well, he became ratherinsistent. He told me that there was no question about it, that was the manthat the night watchman had said it was a perfect likeness."

"Then what happened?"

"Well, I told him I didn'tthink so, but I got worrying about it, thinking about it. Frankly it botheredme a lot. I'd been held up before and I didn't want -"

"Now, never mind that. Nevermind your thoughts or your background," Hamilton Burger interrupted."Just what did you do?"

"Well, I went to the office ofPaul Drake, the detective who employed Parley Fulton, and I asked him if Icould see that sketch again. Well, he put .through a telephone call to Mr Masonand asked him -"

"Now, just a minute,"Hamilton Burger interrupted, "when you say Mr Mason, you mean Mr PerryMason, the attorney representing the defence in this case?"

"That's the one. Yes,sir."

"And what happened?"

"Well, he called Mr Mason, andMason had us come down to his office and when we got down there Mason talkedwith me himself."

"And what was the tenor ofMason's conversation?"

"Objected to as calling for aconclusion of the witness," Mason said.

"Sustained," Judge Saxtonsnapped.

"Well, what did Mason say toyou?"

"Well, I can't remember allthat he said, but I remember he showed me the picture and I told him that theman I had seen was older and heavier and taller, and he told me that experienceshowed that under such circumstances witnesses almost invariably described theman as being older and heavier and taller and more powerfully built than theactual criminal."

"In other words, he was tryingto get you to identify this sketch?"

"Just a moment, YourHonour," Mason said. "I object to the question as leading andsuggestive, and calling for a conclusion of the witness."

"Sustained," Judge Saxtonsaid. "Mr District Attorney, in a matter of this importance kindly refrainfrom asking leading questions."

"Well, I think it was obviouswhat was happening," Hamilton Burger said. "I was simply trying tosummarize the situation."

"Just let the evidence come inby question and answer," Judge Saxton said, "and there will be noneed to summarize the situation."

"At any time did Mr Mason askyou to identify this sketch?"

"Well, I can't remember exactlythat he said those exact words. I know what he was trying to get me to do, but -"

"Move to strike out the answeras not being responsive to the question," Mason interposed.

"Sustained. Motiongranted."

"Did Mi Mason at any time askyou to identify this sketch?"

"I thought he did. I wascertain that's what he was trying to get me to do."

"Move to strike out the answeras not being responsive and being a conclusion of the witness," Masonsaid.

"Motion granted."

"Well," Hamilton Burgersaid, "getting back to your own mind now. Did your conversation with Masonraise any doubt in your mind as to the identity of the man you had seen?"

"It did."

"In what way?"

"Well, I thought I knew whatthe man looked like pretty well, but after I'd seen that sketch half a dozentimes and after they'd talked with me about it, I began to get a littledubious."

"Did you say anything to MrMason which indicated such was the case?"

"I told him that there wassomething wrong with the picture of the fellow's mouth but the eyes werebeginning to look a little familiar. They looked like somebody I had seensomewhere."

"And what did Mr Mason say withreference, to that statement?"

"He seemed quitegratified."

"Never mind what heseemed" Hamilton Burger said. "I'm asking you what he said."

"Well, he told me that it wasvery important to get the right man and that I was to search my recollectionand do the best I could."

Hamilton Burger looked at PerryMason. "We can stipulate that that sketch was one of Collister Gideon, MrMason?"

"We can stipulate nothing ofthe sort," Mason said. "If you want to prove your case, go ahead andprove it."

"If I have to, I can put theartist on the stand and show that he made the sketch from a picture ofCollister Gideon and that in doing so he was acting under instructions."

"And how are you going to showthat was the same sketch that was exhibited to his witness?"

"Oh," Hamilton Burger saidirritably, "if you want to drag this thing out in a last-ditch fight, goahead. Actually I have a photographic copy of the original sketch made by theartist in my office."

"That's not the one that wasshown to the witness here," Mason said.

Judge Saxton said, "Well, I canappreciate, in a matter of this importance, counsel wants to protect hisrights. Why don't you excuse this witness, get the artist to produce a copy ofthe sketch and bring it here this afternoon?"

"I'll do that," HamiltonBurger said, "but I'd like to tie up the testimony of the witness."

He turned to Kearny "Did yousubsequently see a photograph of Collister Gideon?"

"Yes, sir."

"And was this sketch that MrMason's detective, Parley Fulton, showed you a likeness of CollisterGideon?"

"Just a moment," Masonsaid. "Let's get this thing in its proper sequence. That question callsfor a conclusion of the witness, and furthermore you can't ask that questionunless you can first show how he knows the picture he saw was that of CollisterGideon. If his knowledge was based on hearsay statements, you cannot connectthe picture up in that way"

Hamilton Burger made a gesture ofsurrender. "All right," he said, "all right, all right. If theCourt please, I ask to withdraw this witness until this afternoon andsubstitute Lieutenant Tragg."

"Just a moment," JudgeSaxton said. "The Court would like to ask this witness a fewquestions."

Kearny looked up at Judge Saxton.

"You were interrogated by thepolice about what you had seen on the night of the third and the early morningof the fourth?"

"Yes, sir."

"And I suppose that by the timethe morning papers came out you knew the nature of the crime that had beencommitted?"

"Yes, Your Honour."

"And you read thosepapers?"

"Yes, sir."

"In other words," JudgeSaxton said, "you didn't get very much sleep that night."

"I didn't get to bed untilabout three-thirty"

"And then this detective showedyou this picture?"

"Yes, sir."

"Did he say anything about thepicture when he showed it to you?"

"I think he said that it was acomposite sketch made by a police artist."

Judge Saxton's face was grim."I think," he said, "we'll let this witness go until thisafternoon and you may call your next witness."

"We call LieutenantTragg," Hamilton Burger said.

Tragg came forward and was sworn,testified as to his name, address, occupation, and the fact that he had been apolice lieutenant in the department of homicide for some years.

"On the fourth of this monthdid you have occasion to go to a deserted storeroom at the corner of ClovinaAvenue and Hendersell in this city?"

"I did."

"What was the occasion of yourmaking such a trip?"

"Someone had turned in a firealarm. There had been no fire, but the fire department had found a body in thebuilding and had reported accordingly, and as a result I made a trip."

"What did you find?"

"I found the body of a man whomwe subsequently identified as Collister D Gideon, dead apparently from agunshot wound, in a section of the storeroom which had evidently been fitted upas surreptitious living quarters. There were cases of canned goods, cookingutensils, a small solid-fuel stove, pans, and eating utensils. There weretowels, soap, and other housekeeping facilities."

"Was water on in thebuilding?"

"Yes, sir. Water was on in thebuilding. It was connected to a large sink and also to a toilet."

"What else can you tell usabout this building?"

"In back of the storeroom andas a part of the property, was a fairly large warehouse building."

"Was this filled withmerchandise?"

"No, sir. Not with merchandise,but there was a large number of empty cardboard cartons, some of them quite large.These had not been hauled away but were stacked in several piles in thewarehouse."

"And did you search thiswarehouse?"

"Yes, sir."

"What did you find?"

"We found the defendant hidingbehind one of the piles of cartons. He was carrying a revolver in his hippocket."

"Did he state what he was doingthere?"

"He stated that he had beentrapped by the fire apparatus, that he had heard the sirens and mistaken themfor the police and had secreted himself and been unable to get out of thebuilding before we found him."

"Did he make any furtherstatement as to what he was doing there?"

"No, sir. At about that time MrPerry Mason, his attorney, advised him to answer all statements with the words,'No comment.'"

"Did he make any furtherstatements after that?"

"Only the words, Wocomment.'"

"Did you establish theownership of the revolver?"

"Yes, sir. The revolver waspurchased by the defendant himself. I have here a certified copy of thepurchase sheet from the firearms register."

"May I have it, please?"

Lt Tragg handed the sheet toHamilton Burger.

"We ask that this be introducedin evidence," Hamilton Burger said.

"No objection," Masonsaid, "provided it is established that this is the weapon which fired thefatal bullet."

"We expect to establishthat," Hamilton Burger said.

"I want it established beforeany evidence about the weapon is received," Mason said. "We areentitled to have the case presented in proper order. If this weapon did notfire the fatal shot, then any evidence concerning it is incompetent, irrelevantand immaterial."

"If that is the position takenby defence counsel," Hamilton Burger said, "I would like to withdrawthis witness temporarily from the stand and ask Alexander Redfield, the countyfirearms expert, to take the stand."

"No objection," Masonsaid. "In fact that is, I believe, the proper procedure."

Alexander Redfield took the stand,listed his professional qualifications, and then turned to Hamilton Burgerexpectantly.

"I show you a Smith and Wessonrevolver which has previously been marked for identification," HamiltonBurger said, "and ask you if you have fired test bullets from thatrevolver."

"I have."

"I ask you whether you werepresent at an autopsy when the fatal bullet was recovered from the body ofCollister Gideon."

"I was."

"What happened to thatbullet?"

"I took charge of it."

"Where is it now?"

"I have it."

"Will you give it to me,please?"

Redfield handed over the bullet.

"You are prepared to state thisis the bullet which was removed from the body of Collister Gideon in yourpresence?"

"Yes, sir."

"I ask that it be introduced inevidence," Hamilton Burger said.

Mason said, "May I see it,please?"

He walked over, and stood for sometime studying the bullet, then he said, "No objection, Your Honour. It maybe received in evidence."

"Now, then," HamiltonBurger said, "I will ask you, Mr Redfield, if in your opinion as an experton firearms, this fatal bullet was fired from this weapon which I now hold inmy hand, this Smith and Wesson revolver."

Redfield shifted his positionslightly. "I have carefully examined the fatal bullet and compared it withthe test bullets fired from this weapon. I have found many points ofsimilarity"

"Predicating your answer uponyour experience in the field and your knowledge of the science of ballistics,would you say that this fatal bullet was fired from this gun marked foridentification, People's Exhibit B?"

"I would say that in all humanprobability, considering all the factors, the fatal bullet had been fired fromthat gun."

"Have you been able to find anyindications in your microscopic examination of the fatal bullet which indicateit had not been fired from the gun, People's Exhibit B?"

"No, sir."

"Cross-examine," Burgersaid, triumphantly.

Mason walked up to face Redfield,who again shifted his position slightly

"Mr Redfield," Mason said,"I have the highest regard for your qualifications and your integrity."

"Thank you, sir."

"I have had you as a witness inmany cases, and I have had the opportunity to cross-examine you onoccasion."

"Yes, sir."

"But I have never heard youmake quite those answers," Mason said. "You state that you have notbeen able to find any indication that the fatal bullet was not fired from thegun, People's Exhibit B. You state that you found several marks of similarityand you state that in all human probability in your opinion considering all thefactors, the bullet was fired from that gun."

"Yes, sir."

"Now, those are very peculiaranswers. Somewhat different from the answers you ordinarily make. Have you-carefully rehearsed those answers?"

"Well…" Redfield said,and hesitated.

"Go ahead," Mason said,"you're under oath."

"In all my cases,"Redfield said, "since I am in the employ of the police department, I findit necessary to discuss what my testimony is going to be. That is, I make areport and then I'm usually questioned on that report."

"I understand," Masonsaid. "My question in this case was whether or not your answers had beenvery carefully rehearsed."

"Well, I discussed the matterwith the district attorney and told him what I could swear to and what Icouldn't swear to."

"I'm asking you," Masonsaid, "if those answers were very carefully rehearsed."

"Well, I told the districtattorney what my answers would be."

"And he suggested certain changeswhich you could, in good faith, make?"

"Not changes."

"Changes in the wording?"

"In the wording, yes."

"And wasn't the finalsuggestion made by the district attorney that he would ask you if, consideringall the circumstances, you consider that in all human probability, the fatalbullet had been fired from that gun?"

"Well, yes, he did suggestthat, I believe."

"This fatal bullet," Masonsaid, "is pretty badly flattened?"

"Yes, sir."

"You can see the marks of whatare known as the class characteristics on it?"

"Yes, sir."

"Those class characteristicsrelate to calibre, pitch of the lands and number of the lands?"

"Yes, sir."

"In other words, any bulletfired from a Smith and Wesson revolver made during the year when this gun wasmade would have those same class characteristics?"

"Yes, sir."

"Now the individualcharacteristics, the striations are much more difficult to trace on this fatalbullet than is ordinarily the case?"

"That is right."

"Now, when you state that whenyou consider all the circumstances you consider that in all human probabilitythe fatal bullet was fired from that revolver, Peoples Exhibit B, you aretaking into consideration certain circumstances which are not entirely withinthe province of a ballistics expert."

"Well, that depends on what youmean."

"You are taking intoconsideration certain non-technical factors?"

"Well, I suppose so, yes."

"You are taking intoconsideration the fact that the gun was found in the possession of a man whowas hiding near the scene of the murder?"

"Yes, sir, I am."

"In other words, if this gun,People's Exhibit B, had come to you cold – that is, if it had been picked up ina pawn shop somewhere and the district attorney had said to you, 'Can youpositively swear as a matter of ballistics evidence that this fatal bullet wasfired from this gun?' – what would your answer be?"

Redfield hesitated, fidgeted, lookedat the district attorney, said, "Well, under those circumstances, I wouldhave to state that while it was apparent the bullet had been fired from a gunof the same make, I couldn't swear positively, basing my testimony solely onthe science of ballistics, that the fatal bullet had been fired from thisgun."

"And," Mason said,"now if you leave out certain circumstances which influence your opinionsimply as a layman and predicate your testimony entirely on what you have foundas an expert, you are again forced to admit that you can't tell positively thatthis fatal bullet was fired from this gun."

"That is right, yes, sir."

"That's all," Mason said.

"Now, as I understand it, ifthe Court please, Lieutenant Tragg was on the stand and I am to have anopportunity to cross-examine him."

"If the district attorney isfinished."

"I have no furtherquestions," Burger said.

"I have, however, about concludedmy case. I am now going to ask the Court for an order directed to Mr PerryMason ordering him to appear in person this afternoon to show cause why heshouldn't be found guilty of contempt in tampering with the evidence ofwitnesses."

Judge Saxton said, "It isapproaching the hour of the noon adjournment. If Mr Mason's examination isbrief, I think he can probably finish his cross-examination before noon. Ibelieve that I will at that time make an order ordering Mr Mason to appear incourt at two-thirty this afternoon and show cause, if any he has, why heshouldn't be cited for contempt.

"The Court takes a very graveview of this attempt to influence the witnesses, but, on the other hand, theCourt points out to the district attorney that the action may not be incontempt but may be a criminal action, and, of course, a disciplinary actionbefore the Bar Association."

"Yes, Your Honour, I am awareof that," Hamilton Burger said. "But I think, since this witness wasone who was actually called before this Court, and since it now appears that hehas been influenced, his testimony tampered with, and the witness deceived, theCourt has power to issue a citation for contempt."

"Well argue the matter attwo-thirty" Judge Saxton said.

"The witness wasn'tdeceived," Mason said. "He was interrogated."

"Interrogated in such a mannerthat his mind was made up for him," Hamilton Burger snapped.

"Well go into that attwo-thirty," Judge Saxton said.

"Lieutenant Tragg, will youreturn to the stand, please, for cross-examination by Mr Mason?"

Lt Tragg returned to the witnessstand, seating himself comfortably in the manner of a veteran witness who hasfaced cross-examination many times in his life, is telling the truth and hasnothing to fear.

Mason said, "Lieutenant Tragg,when your men arrived at this storeroom at the corner of Clovina andHendersell, you found a body?"

"That is right."

"And you went through yourusual procedure in connection with that body. You took photographs of theposition of the body. You marked the outline in chalk on the floor. Yousearched the place?"

"Yes, sir."

"And you found the defendant?"

"Yes, sir. Hiding behind a pileof boxes."

"You say he was hiding. Youmean that he was concealed?"

"Well, he was hiding. He wasshrinking into the shadows."

"Into the shadows,Lieutenant?"

"That's what I said."

"Then the place was not welllighted?"

"The place was definitely notwell lit. The utilities were only partially in service. The water in thestoreroom was still on, but the electricity had been disconnected."

"That is rather a long,rambling building?"

"That is an old brickbuilding."

"What about theillumination?"

"When the electricity is on,the front room, the storeroom where the body was found, can be wellilluminated. The warehouse part was not so well illuminated. However, with theelectricity off the whole place was gloomy and poorly lit. One had to waituntil one's eyes accustomed themselves to semi-darkness before being able tosee things at all clearly in the warehouse."

"And that's where the defendantwas found?"

"That's where he was hiding,yes, sir."

"Now, where was the gun?"

"The gun was in the defendant'spocket."

"It had been fired?"

"It had been recentlyfired."

"Your test determinedthat?"

"Yes."

"The gun was fullyloaded?"

"Except for the one dischargedcartridge."

"Did you go to the trouble ofhaving the electricity turned on?" Mason asked.

Tragg smiled, "No, sir, wedidn't have the electricity turned on. That would have required a deposit and acertain amount of delay."

"Yet you say that you searchedthe place?"

"We searched it."

"How well did you searchit?"

"We found what we wanted."

"Which was what?"

"The murderer and the murderweapon."

"You assumed that the defendantwas the murderer because he was hiding?"

"And because he had the murderweapon in his possession."

"Yet you have just heard thetestimony of the ballistics expert in which he assumes that the weapon was themurder weapon in part because it was in the possession of the man you havebranded as the murderer."

"That is a logicaldeduction," Lt Tragg said. "However, there were other identifyingmarks indicating the revolver, People's Exhibit B, was the murder weapon."

"Did you take any lights intothe warehouse?"

"No, sir."

"You just looked through it,found the defendant and took him into custody?"

"Yes, sir."

"For all you know someone elsecould have been hiding in that warehouse?"

"No, sir, we searched it wellenough to know no one else was hiding."

"There were numerous largecardboard cartons in there, I believe you said?"

"Yes, sir."

"Some of them were big enoughto hold a man?"

"Oh, I presume so, yes."

"You didn't move them. Youdidn't look inside them?"

"No, we didn't. We made asearch for the purpose of finding anyone who might be in there. We found themurderer. That terminated our search."

"Then," Mason said,"you haven't really searched the place. I am going to put up the money forconnecting the electric light service and I suggest that this case be continueduntil a search can be made."

"What do you expect to findnow?" Judge Saxton asked.

"I don't know," Masonsaid. "I think the place should be searched."

"Well, if you want to do it andare willing to put up the money as a deposit for electric current, the Court iscertainly going to give you that privilege. It is approaching the hour of noonadjournment. The Court will adjourn until two-thirty this afternoon, at whichtime, Mr Mason, you will be asked to appear in order to show cause why youshould not be found guilty of contempt of court."

"Very well, Your Honour,"Mason said. "I will ask the cooperation of the police department ingetting immediate service in hooking up the meter on that establishment."

"But this is allfoolishness," Hamilton Burger protested. "There is nothing there now.There never was anything there that – "

"How do you know?" JudgeSaxton interrupted.

"I know because I know what thehuman probabilities are."

"This Court is not dealing withhuman probabilities," Judge Saxton said. "This Court is dealing withthe constitutional rights of a defendant charged with crime.

"There is, of course, atendency when one is searching for something which he expects to find, todiscontinue the search when he finds what he has expected. Apparently, that wasdone in this case. I am not censuring the police. I am simply stating that ifthe defendant wants the place searched at this time, the Court is not onlywilling to cooperate in that, but the Court would like to have such a searchmade.

"The Court instructs the prosecutionto cooperate in every way with the defence attorney in getting electricityturned on there. As I understand it, there will be ample illumination if theelectricity is turned on."

Hamilton Burger glanced at Tragg.

"Oh, yes, Your Honour,"Tragg said. "There were long fluorescent light tubes in the warehouse andalso in the storeroom."

"Very well," Judge Saxtonsaid, "Court will recess until two-thirty this afternoon, and if thatisn't sufficient time for the light to have been turned on and a search to bemade, the Court will take a further adjournment until tomorrow morning. Thepresent order is that Court is recessed until two-thirty"

Mason moved over to Paul Drake.

"Paul, you're going withoutlunch."

"I guess everybody's goingwithout lunch," Drake said. "Our next meal may be in jail."

"Forget it," Mason toldhim. "I want you, during the noon recess, to cover every main bank intown, not the branch banks, but the main banks, and see if ten years ago adeposit of forty-seven thousand dollars in cash was made by mail."

"They aren't going to give thatinformation," Drake said, "even if they know. They -"

"They'll know," Masonsaid. "You don't get a forty-seven-thousand-dollar cash deposit by mailevery day in the week. They may not want to give out the information as todetails. Tell them simply we want to know whether such a deposit was received.Put enough men on it to cover the city in the shortest time possible. Get onthe telephone, tell them who you are, tell them it's in the interest ofjustice."

Drake said moodily, "I waswatching Judge Saxton's face when that stuff came out about tampering with thewitnesses. That old boy is dead against you, Perry. He's going to throw thebook at you."

Mason grinned and said, "Thatdoesn't mean I can't dodge."

"Well, you'd better do somepretty fast dodging because I think that old boy is a pretty goodpitcher."

"We aren't licked yet,"Mason said.

"Well, I don't know what you'retrying to prove. My own idea is we're so far behind the eight ball that wearen't ever going to get out."

Mason said, "Look, Paul, a mangets out of federal prison, he has government agents shadowing him, he hasrough shadows and smooth shadows. The guy buys good clothes, he buys goodcigars. Where does he get the money?"

"Where indeed?" Drakeasked. "He bought an automobile and he got that money from you."

"That's right," Masonsaid. "He did that for the moral effect, but when he got the automobile hewas all prepared to disappear. He didn't charter a taxi, he didn't have anotherautomobile staked out. The next time we find him he's in a storeroom which hasbeen vacant for some time, which is tied up in litigation, and the storeroom isprovisioned with food, a sleeping bag, a suitcase with clothes. Now, where didCollister Gideon get all those things?"

"In stores, probably, he hadmoney."

"He was keeping out ofsight," Mason said. "There's more to the Gideon case than werealized."

"Okay, okay," Drake said,"I'll get busy with the banks. Do you want me to try and join you at thestoreroom?"

"No," Mason said,"I'm going to goad the police into making the right kind of asearch."