“You didn’t tell anyone about the diamonds?”
“Not at that time.”
“You knew they were valuable?”
“I’m not simple, Mr. Mason.”
“Exactly,” Mason said. “You knew they were diamonds and you knew they were valuable?”
“Certainly.”
“And you took them?”
“Yes.”
“And what did you do with them?”
“I’ve told you what I did with them. I fastened them to the underside of the desk in your office.”
“Why?” Mason asked.
“Because I wanted a place to keep them.”
“You could have put them in your purse. You could have put them in your pocket,” Mason said.
“I … I didn’t want to. I didn’t want to have to explain how I came by the diamonds.”
“To whom?”
“To anybody who might question me.”
“To the police?”
“To anyone who might question me, Mr. Mason. I felt I had walked into a trap and that I was going to be accused of having stolen two diamonds.”
“But you had been given those diamonds?”
“Yes, but I didn’t think anyone would believe me when I told them so.”
“Then you don’t expect the jury to believe your story now?”
“Objected to,” Hamilton Burger snapped. “Argumentative.”
“Sustained,” Judge Hartley said.
“Isn’t it a fact,” Mason asked, “that someone who gave you a key to the office which you entered illegally and unlawfully, also gave you a package of diamonds which you were to plant in that office in a place where they would subsequently be found by the police?”
“No!”
“Isn’t it a fact that you carried those diamonds into the building wrapped up in tissue paper, that you put those diamonds in a package and concealed them in the office, that you were forced to leave hurriedly because you learned the police had been tipped off, and after you got in my office and started to work, you checked through your purse in order to make certain that you had disposed of all of the diamonds and to your horror found that two of the diamonds you were supposed to have planted in that office had been left in your purse, and that, therefore, in a panic, you tried to get rid of of those diamonds by the means you have described?”
“Just a moment!” Hamilton Burger shouted. “I object to this on the ground that it assumes facts not in evidence, that it is not proper cross-examination, that there is no foundation for the assumption that—”
“The objection is overruled,” Judge Hartley snapped.
“Isn’t it a fact,” Mason asked, “that you did what I have just outlined?”
“Absolutely not. I took no diamonds with me when I went to that office. I had no diamonds in my possession when I went in.”
“But you don’t dare to tell us who gave you a key to that office?”
“I refuse to answer questions about that.”
“Thank you,” Mason said. “I have no further questions.”
Mae Jordan left the stand. The jurors watched her with some skepticism.
Hamilton Burger called other witnesses who established technical background—the exact position of the cruise ship in the harbor when Baxter jumped overboard, passengers who had seen Baxter jump and the owner of a launch which had been cruising in the vicinity. He also introduced police experts who had examined the bloodstains on Gilly’s boat and bloodstains on the knife and pronounced them to be human blood.
Mason had no cross-examination except for the expert who had examined the bloodstains.
“When did you make your examination?” Mason asked. “June nineteenth.”
“At a time when the bloodstains were at least ten days to two weeks old?”
“So I should judge.”
“On the boat?”
“Yes.”
“On the knife?”
“Yes.”
“They could have been older?”
“Yes.”
“They could have been a month old?”
“Well, they could have been.”
“The only way you have of knowing when those bloodstains got on the boat was from a statement made to you by Jack Gilly?”
“Yes.”
“And did you know Jack Gilly had previously been convicted of perjury?”
The witness squirmed.
“Objected to as incompetent, irrelevant, and immaterial and not proper cross-examination,” Hamilton Burger said.
“Sustained,” Judge Hartley snapped. “Counsel can confine his cross-examination to the bloodstains, the nature of the tests, and the professional competency of the witness.”
“That’s all,” Mason said. “I have no more questions.”
Max Dutton, Hamilton Burger’s last witness of the afternoon, was distinctly a surprise witness. Dutton testified that he lived in Brussels; he had come by airplane to testify at the request of the district attorney. He was, he testified, an expert on gems. He used a system of making models of gems so that it would be possible to identify any particular stone of sufficient value to make it worth-while. He made microscopic measurements of the dimensions, of the angles, of the facets, and of the locations of any flaws. The witness testified he maintained permanent records of his identifications, which facilitated appraisals, insurance recoveries and the identification of stolen stones.
He had, he said, been employed by Munroe Baxter during his lifetime; Munroe Baxter had given him some gems and asked him to arrange for the identification of the larger stones, so that they could be readily identified if necessary.
The witness tried to state what Munroe Baxter had told him—the manner in which he had received the stones—but on objection by Perry Mason the objection was sustained by the Court. However, Hamilton Burger was able to show that the stones came to the witness in a box bearing the imprint of the Paris office of the South African Gem Importing and Exploration Company.
The witness testified that he had selected the larger stones and had made complete charts of those stones, so that they could be identified. He further stated that he had examined a package of stones which had been given him by the police and which he understood had been recovered from the desk of the defendant, and that ten of those stones had proved to be identical to the stones he had so carefully charted.
“Cross-examine,” Hamilton Burger said.
“This system that you have worked out for identifying stones takes into consideration every possible identifying mark on the stones?” Mason asked.
“It does.”
“It would, therefore, enable anyone to duplicate those stones, would it not?”
“No, sir, it would not. You might cut a stone to size; you might get the angle of the facets exactly the same. But the flaws in the stone would not be in the proper position with relation to the facets.”
“It would, however, be possible to make a duplication in the event you could find a stone that had certain flaws?”
“That is very much like asking whether it would be possible to duplicate fingerprints, provided you could find a person who had exactly identical ridges and whorls,” the witness said.
“Do you then wish to testify under oath that your system of identifying stones is as accurate as the identification of individuals through the science of fingerprinting?” Mason asked.
The witness hesitated a moment, then said, “Not quite.”
“That’s all,” Mason announced, smiling. “No further questions.”
The court took its evening adjournment.
As Mason gathered his papers together Walter Irying pushed his way through the crowd that was leaving the courtroom. He came up to Mason’s table. His grin was somewhat sheepish.
“I guess perhaps I owe you an apology,” he said.
“You don’t owe me anything,” Mason told him. “And make no mistake about it, I don’t owe you anything.”
“You don’t owe me anything,
” Irving said, “but I’m going to make an apology anyway. And I’m further going to tell you that that Jordan girl is a brazen-faced liar. I think she broke into that office to plant those diamonds; but regardless of her purpose in getting into the office, there was never any scene such as she testified to. We didn’t get back from lunch until after she had done what she wanted to do in that office and had skipped out. We can prove that, and that one fact makes that Jordan girl a damn liar.
“And what’s more, I didn’t give that Jordan girl any diamonds,” Irving said. “I didn’t tell her to keep her mouth shut. Now that I’ve seen her, I remember having seen her at the train. She met Duane and tried to force herself on him As far as I know, that’s the only time in my life I’ve ever set eyes on her. That girl is playing some deep game, and she’s not playing it for herself, Mr. Mason. There’s something behind it, something very sinister and something being engineered by powerful interests that have made a dupe of your district attorney.”
“I hope so,” Mason said. “Where have you been, incidentally?”
“I’ve been in Mexico. I admit, I underestimated your abilities, but I was trying to give you an opportunity to direct suspicion to me in case you wanted to.”
“Well, I haven’t wanted to,” Mason said, and then added significantly, “yet.”
Irving grinned at him. “That’s the spirit, Counselor. You can always make a pass at me and confuse the issues as far as the jury is concerned, even if you don’t want to be friendly with me. Remember that I’m available as a suspect.”
Mason looked into his eyes. “Don’t think I’ll ever forget it.”
Irving’s grin was one of pure delight. His reddish-brown eyes met the cold, hard gaze of the lawyer with steady affability. “Now you’re cooking with gas! Any time you want me, I’ll be available, and I can, of course, give Duane a complete alibi for the morning of the sixth. We had breakfast together a little after seven, got to the office shortly before nine, and he was with me all morning.”
“How about the evening of the fifth?” Mason asked. Irving’s eyes shifted.
“Well?” Mason asked.
“Duane was out somewhere.”
“Where?”
“With some woman.”
“Who?”
Irving shrugged his shoulders.
Mason said, “You can see what’s happening here. If the district attorney makes enough of a case so that I have to put the defendant on the stand, there is every possibility that Duane Jefferson’s manner, his aloofness, his refusal to answer certain questions, will prejudice his case with the jury.”
“I know,” Irving said. “I know exactly what you’re up against. Before you ever put him on the stand, Mr. Mason, let me talk with him and I’ll hammer some sense into his head, even if it does result in his undying enmity forever afterwards. In short, I want you to know that you can count on me all the way through.”
“Yes,” Mason said, “I understand you sent a most cooperative cablegram to your company in South Africa?”
Irving kept grinning and his eyes remained steady. “That’s right,” he said. “I asked the company to fire you. I’m sending another one tonight, which will be a lot different. You haven’t found Marline Chaumont yet, have you?”
“No,” Mason admitted.
Irving lost his grin. “I told you you wouldn’t. That’s where you loused the case up, Mason. Aside from that, you’re doing fine.”
And, as though completely assured of Mason’s goodwill, Walter Irving turned and sauntered out of the courtroom.
Chapter 16
Back in his office that evening, Mason paced the floor. “Hang it, Paul!” he said to the detective. “Why is Hamilton Burger so completely confident?”
“Well, you jarred him a couple of times this afternoon,” Drake said. “He was so mad he was quivering like a bowl of jelly.”
“I know he was mad, Paul. He was angry, he was irritated, he was annoyed, but he was still sure of himself.
“Hamilton Burger hates me. He’d love to get me out on a limb over a very deep pool and then saw off the limb. He wouldn’t even mind if he got slightly wet from the resulting splash. Now, there’s something in this case that we don’t know about.”
“Well,” Drake said, “as far as this case is concerned, what does he have, Perry?”
“So far he doesn’t have anything,” Mason said. “That’s what worries me. Why should he have that much assurance over a case which means nothing. He has a woman adventuress and a smuggler; he has a man who concededly planned to fake a suicide. The man was a strong swimmer. He had an air tank under his clothes. He did exactly what he had planned he was going to do, to wit, jump over the side of the ship and disappear, so that people would think he was dead.
“Then Hamilton Burger brings on the scum of the earth, the sweepings of the waterfront. He uses a man who deliberately rented a boat to be used in an illegal activity, a man who has been twice convicted of felony. His last conviction was for perjury. The jury isn’t going to believe that man.”
“And what about the girl?” Della Street asked.
“That’s different,” Mason said. “That girl made a good impression on the jury. Apparently, she was hired to take those gems to the office and plant them. The jury doesn’t know that. Those jurors are taking her at face value.”
“Figure value,” Paul Drake corrected. “Why did you let her off so easy, Perry?”
“Because every time she answered a question she was getting closer to the jury. Those jurors like her, Paul. I’m going to ask to recall her for further cross-examination. When I do that, I want to have the lowdown on her. You’re going to put out operatives who will dig up the dirt on her. I want to know everything about her, all about her past, her friends, and before I question her again, I want to know where she got that key which opened the office.”
Drake merely nodded.
“Well,” Mason said impatiently, “aren’t you going to get busy, Paul?”
The detective sat grinning. “I am busy, Perry. I’ve been busy. This is once I read your mind. I knew what you’d want. The minute that girl got off the stand, I started a whole bunch of men working. I left this unlisted number of yours with my confidential secretary. She may call any minute with some hot stuff.”
Mason smiled. “Give yourself a merit badge, Paul. Hang it, there’s nothing that gets a lawyer down worse than having to cross-examine a demure girl who has hypnotized the jury. I can’t keep shooting blind, Paul. The next time I start sniping at her, I’ve got to have ammunition that will score dead-center hits.
“Now, here’s something else you’ll have to do.”
“What’s that, Perry?”
“Find Munroe Baxter.”
“You don’t think he’s dead?”
“I’m beginning to think Walter Irving was right. I think the supposedly half-witted brother of Marline Chaumont may well be Baxter, despite those hospital records. In a deal of this magnitude we may find a big loophole. If this fellow in the mental hospital was so much of a zombie, what was to prevent Marline Chaumont from identifying him as her brother, getting him out, then farming him out and substituting Munroe Baxter? What are we doing about finding her, Paul?”
“Well we’re making headway, thanks to you,” Drake said. “I’m kicking myself for being a stupid fool. You were right about those car rentals, and I sure overlooked a bet there. Two of those car rentals have agencies right there at the airport. In order to rent a car, you have to show your driving license. That means you have to give your right name.”
“You mean Marline Chaumont rented a car under her own name?”
“That’s right. Showed her driving license, rented the automobile and took it out.”
“Her brother was with her?”
“Not at that time. She left the airport by limousine as an incoming passenger, went uptown with her brother and two suitcases, then came back, rented a car, picked up the other two suitcases, drove out, picked up her bro
ther, and then went someplace.”
“Where?” Mason asked.
“Now, that’s something I wish I knew. However, we stand a chance of finding out. The car rental is predicated on the mileage driven, as well as on a per diem charge. The mileage indicator on the car when Marline Chaumont brought it back showed it had been driven sixty-two miles.”
Mason thought a moment, then snapped his fingers.
“What now?” Drake asked.
“She went out to one of the suburban cities,” Mason said. “She’s rented a place in one of those suburbs. Now then, she’ll want to rent another car, and again she’ll have to use her driving license. She was afraid to keep that car she had rented at the airport because she thought we might be checking there.”
“We would have been checking within a matter of hours if I’d been on my toes,” Drake said ruefully.
“All right,” Mason said, “she rented a car there. She was afraid we might trace her, get the license number of the car, have it posted as a hot car and pick her up. So she got rid of that car just as soon as she could. Then she went to one of the outlying towns where they have a car rental agency and signed up for another car. She’s had to do it under her own name because of the license angle. Get your men busy, Paul, and cover all of the car rental agencies in those outlying towns.”
Paul Drake wormed his way out of the chair to stand erect, stretch, say, “Gosh, I’m all in myself. I don’t see how you stand a pace like this, Perry.”
He went over, picked up the unlisted telephone, said, “Let me call my office and get people started on some of this.”
Drake dialed the number, said, “Hello. This is Paul. I want a bunch of men put out to cover all of the outlying towns. I want to check every car rental agency for a car rented by Marline Chaumont … That’s right. Everything.
“Now you can—How’s that? … Wait a minute now,” Drake said. “Give that to me slow. I want to make some notes. Who made the report? … All right, bring it down here at once. I’m in Mason’s office—and get those men started.”
Drake hung up the telephone and said, “We’ve got something, Perry.”
“What?”
“We’ve found out the ace that Hamilton Burger is holding up his sleeve.”
The Case of the Terrified Typist Page 14