The Case of the Phantom Fortune

Chapter 21

At two-thirty, Judge Saxton, who hadconceivably heard some rumours of what had happened, took the bench with aglance of puzzled respect at Perry Mason.

"Search of the premises hasbeen completed in the case of People versus Warren?" he asked.

"No, Your Honour," Masonsaid, "but a search has been made and that search has uncovered certainthings. I believe Lieutenant Tragg was on the stand and he can probably testifyas to what was discovered."

"Very well, Lieutenant Tragg tothe stand," Judge Saxton said.

Mason said, "I believe I wascross-examining Lieutenant Tragg, but I don't know that it makes muchdifference who brings this out… Lieutenant, you found certain things in thestoreroom at Clovina and Hendersell?"

"We did," Tragg said, dryly.

"What did you find?"

"When the lights were turnedon, we found that a beam over the door between the storeroom and the warehousehad a bullet which had lodged in it. We took that bullet out without destroyingany of the striations or leaving any tool marks on it. I have that bullethere."

"Will you mark it foridentification, please, as Defendant's Exhibit Number la?"

"It will be so marked foridentification," Judge Saxton said. "What else did you find?"

"We found a Smith and Wessonthirty-eight-calibre revolver containing five live shells and one explodedcartridge."

"Have you tested thatgun?"

"I understand that AlexanderRedfield has fired a test bullet through it. To that extent the gun has beentested."

"And," Mason asked,"didn't Alexander Redfield compare the test bullet from that gun with thefatal bullet in this case?"

"I believe he did, yes,sir."

"That test was in yourpresence?"

"Yes, sir."

"And did Alexander Redfieldstate to you what he had found?"

"Objected to as hearsay,"Hamilton Burger said.

"Sustained," Judge Saxtonsaid. "You can put Mr Redfield on the stand. In fact you can put him onfor further cross-examination if you wish."

"Now, then," Mason said,"during all of the time that you were at the scene of the murder and whileyou were finding these things, was Hamilton Burger, the district attorney,present?"

"Why, yes, he was."

"And did he keep up a runningfire of remarks indicating that I had planted this evidence?"

Til stipulate that I did,"Hamilton Burger said angrily.

"There you are," Masonsaid, turning to Judge Saxton. "Lieutenant Tragg is a witness in thiscase, and during the entire course of our search, the district attorney wasbelittling the objects we found, was implanting in the mind of this witness theidea that I had been responsible for having those objects at the scene of thecrime, that the evidence was without proper evidentiary value and had beenplanted.

"If the Court please, if I amto be cited to show cause for contempt of court for seeking to influence thetestimony of a witness, I insist that the district attorney also be cited atthe same time for seeking to influence the testimony of this witness."

Judge Saxton looked at the angrydistrict attorney, at Lt Tragg and then tried to fight back a smile!

"Very well, Mr Mason," hesaid, "the Court will note your motion. However, that doesn't mean theCourt will act on it. Let's proceed with the evidence in this case."

"I want my motion to show thatthe district attorney was there in his official capacity, that his remarkscarried all the weight of an elected official of this county who conceivablyhad influence over the police department, that they represented a continualrunning fire of accusation."

"Very well, we will take thatup at the proper time," Judge Saxton said. "I presume now you wouldlike to call Mr Redfield to the stand."

"I would, Your Honour."

"I note Mr Redfield is incourt," Judge Saxton said. "You may take the stand, MrRedfield."

Mason said, "If the Courtplease, this comes under the heading of further cross-examination.

"Mr Redfield, you stated that,taking all the facts into consideration and in all human probability, the gun,People's Exhibit B, was the weapon from which the fatal bullet had been fired.I'm now going to ask you if, since the time you gave your testimony, subsequentfacts have been disclosed which change your opinion?"

"They have."

"Now, then, taking intoconsideration all the facts, are you still willing to swear that in all humanprobability, the fatal bullet was fired from the gun, People's Exhibit B?"

"No, I am not," Redfieldsaid. "In fact, I am now prepared to swear positively that the gun whichwas discovered this noon at the scene of the murder and which is now labeledfor identification as Defendant's Exhibit Number la was the gun from which thefatal bullet was fired."

"What!" Judge Saxton said,unable to conceal his surprise.

"Yes, Your Honour. I am sorry,but enough striations are visible on the base of the fatal bullet so that it ispossible to make a match. It isn't easy, but there is enough of a match so thatI am now satisfied that the fatal bullet was fired from this gun, Defendant'sExhibit la."

"Now, then," Mason said,"are you also prepared to make a statement in regard to the bullet whichwas found in the beam over the door?"

"Yes, sir."

"What gun was that firedfrom?"

"That was fired from the gun,People's Exhibit B."

"So," Mason said,"with only one shot fired from that gun, People's Exhibit Number B, we nowhave that bullet accounted for as having been fired into a beam. Therefore thatgun couldn't possibly have been used in the commission of the crime, is thatright?"

"Scientifically, and in myopinion as an expert, that is correct," Redfield said.

Judge Saxton threw his hands apartin a gesture which a man makes when he is tossing something away.

"Now, then," Mason said,"I have one more request to make. Your office keeps a record of fatalbullets and unsolved crimes?"

"Yes, it does."

"I am referring now to theattempted murder of the watchman at the Pacific Northern Supermarket,"Mason said. "You have the bullet that was recovered from his body?"

"Yes."

"I asked you to bring it withyou. Will you make a comparison test on the microscope and tell me whether youcan match that bullet with the test bullet which was fired from Defendant'sExhibit Number la?"

"Since you asked me to bringthat bullet into court, I knew what you had in mind," Redfield said,somewhat wearily, "and I have made such a test."

"With what result?"

"The bullet that wounded thewatchman was also fired from this gun which has been marked for identificationas Defendant's Exhibit Number la."

Mason turned to Judge Saxton."There you are, Your Honour. I had deduced from the evidence that thedefendant had committed a hold-up at the Pacific Northern Supermarket. I had a sketchmade of the decedent and approached the eyewitnesses with such a sketch. Thenthe district attorney of this county, using the weight of his high office, ledthe witnesses to believe that I had unduly influenced them, thereby ruiningtheir testimony so that it can't be used in an attempted murder case. Isuggest, if the Court please, that in addition to asking that the districtattorney be cited for contempt in influencing the testimony of LieutenantTragg, he also be cited for contempt in influencing the testimony of twowitnesses who saw the holdup man at the scene of the crime at the PacificNorthern Supermarket, and by the use of his influence, his skepticism and thepower of suggestion so changed their identification that it would now beuseless to attempt to prove the crime committed by the decedent."

Judge Saxton looked at HamiltonBurger's utterly astounded countenance, at Redfield, at Lt Tragg and said,suddenly, "It appears that as far as the case against this defendant isconcerned, there is none. All that can be brought to bear against him is thathe was hiding at the scene of the crime. That certainly is not enough towarrant this Court in binding the defendant over. The Court, therefore, isgoing to dismiss the case against the defendant, and as far as all these otherincidental matters of contempt are concerned, the Court is going to strike themoff the calendar and give the matter consideration and announce whether therewill be a hearing at some later date. "Court's adjourned."