Part 24 (1/2)

”It is your contention that I am to be deprived of my right to cross-examine Mr. Ellis?”

Hamilton Burger took a deep breath. ”Very well,” he said, ”I'll stipulate that the entire testimony of Helman Ellis may go out. I'll withdraw him as a witness. I'll strike all of his evidence out of the record.”

”I won't agree to that,” Mason said. ”I won't so stipulate.''

”Why not?”

”Because I want to cross-examine him.”

Hamilton Burger glowered at Mason, then turned toward the Court.

Judge Keyser said, ”It is past the hour of the evening adjournment by some minutes, Mr. Burger. I can appreciate the prosecutor's position, but the fact remains that the defense attorney has the right to cross-examine all witnesses called by the prosecution.

”Because I have some commitments and pre-trial conferences at this time and because I know some of the officers of the court have engagements, I am going to adjourn court at this time but I am going to reconvene at eight o'clock tonight. We are going to have an evening session. I think under the circ.u.mstances the prosecution is ent.i.tled to have its case presented expeditiously.”

”The defense objects,” Mason said. ”It is inconvenient for me personally, and I feel that the defendant is being deprived of her rights.”

Judge Keyser shook his head. ”I'm not going to permit any technicalities to stand in the way of getting this matter disposed of. The Court will take a recess until eight o'clock this evening, at which time all persons under subpoena in this case will return to the courtroom.

”Court's adjourned.”

CHAPTER THIRTEEN.

Mason paced the office floor in frowning concentration.

Della Street presided over an electric coffee percolator. A paper bag of doughnuts was on the office desk.

From time to time Mason would stop, take a few sips from a cup of coffee and munch on a doughnut.

”You're going to need something more nouris.h.i.+ng than that,” Della Street said anxiously. ”Let me go down to the restaurant and get you a ham sandwich or a hamburger or--”

Mason motioned her to silence with a wave of his hand, once more resumed his pacing of the floor.

After nearly a minute he said absentmindedly, ”Thanks, Della.” And then after some two minutes added, ”I've got to think.”

”Can I help by asking questions?”

”Try it,” Mason said. ”No, wait a minute. I'll ask you the questions. You give me the answers. Let's see if I can detect anything wrong.”

She nodded.

Mason whirled abruptly, stood facing her with his feet spread apart, his shoulders squared, his manner one that he sometimes used in cross-examining a witness.

”That gun Ellen Robb had,” he said, ”was locked in our safe from the time Ellen Robb entered the office until we returned it with one exception--when Drake took it to the ballistics expert. Now then, how could a bullet from that gun be in Nadine Ellis' body unless Ellen Robb fired it there?”

”It couldn't,” Della Street said. ”The time has come, Chief, when you've got to throw your client overboard. She's committed murder and she's lied to you.”

”Now then,” Mason went on without noticing Della Street's answer, ”I took a gun out of my safe, a gun that we'll call the Loring Crowder gun. She put that gun in her purse. A bullet from that gun was also found in the body of Nadine Ellis. How did it get there?”

”The bullet was fired from the gun,” Della Street said, ”that's how it got there,” and then added quickly, ”not that I'm trying to be facetious, Chief. I'm just pointing out that the striation marks on the bullets show that it was fired from that gun. We have to face facts and we may as well face them now.”

”All right,” Mason said, ”it was fired from that gun. Who fired it?”

”Ellen Robb had to fire it.”

Mason said, ”One thing we know for a fact and that is, the bullets couldn't have been fired simultaneously. They must have been fired after a very considerable time interval, probably an interval of hours. That's one thing we know that the police and the district attorney don't know. We have that much of an advantage.”

”Why is it an advantage?” Della Street asked.

”Because we know something about sequence. We know that the bullet from the Crowder gun must have been fired into Nadine Ellis' dead body. Now then, once we establish that, Della, I'm not tied up with anything except being an accessory to having fired a bullet into a dead body. That's perhaps a misdemeanor--I haven't looked it up. Certainly it isn't homicide of any sort or an attempt to commit homicide.”

Della Street nodded.

”On the other hand,” Mason said, ”I'm hoist by my own petard. Here I have been talking about this freak decision that holds that it's not murder to fire a bullet that would prove fatal into the body of a victim, if some independent agency fires another bullet into the victim and that second bullet results in death. I am a.s.suming, of course, that the first person could be charged with a.s.sault with intent to commit murder. However, because I dug out these decisions, no one is going to believe anything I may say. The sequence is too, too d.a.m.ning. It looks as if I had tried to save a client by legal skulduggery and the juggling of evidence.”

Della Street said, ”Ellen Robb was sitting right here in the office when you were talking on the telephone with Darwin C. Gowrie, the attorney for Nadine Ellis. She heard you tell all about the subtle distinction in the decisions. She made notes in shorthand. You weren't advising her, you were advising Gowrie.

”Let's a.s.sume Ellen is a very smart young woman. She had killed Nadine Ellis with one shot fired from the gun which she said she had found in her baggage. When you juggled guns on her she knew it, and she took advantage of your attempt to aid her by taking the second gun--the Crowder gun which you had subst.i.tuted in place of the gun she had when she entered the office-- and went out and fired a second bullet into the body of Nadine Ellis.”

Mason suddenly snapped his fingers. ”We're overlooking one thing,” he said. ”We may have the time element all c.o.c.keyed.”

”How come?” she asked.

”Suppose,” Mason said, ”the bullet from the Anc.l.i.tas gun was fired into Nadine Ellis' body after the bullet from the Crowder gun?”

”It couldn't have been,” Della Street said.

”Why not?”

”Because that gun was locked in our safe after you gave the Crowder gun to Ellen Robb.”

”No, it wasn't,” Mason said. ”There's one very suspicious circ.u.mstance about that gun which we're overlooking. We took it down to Anc.l.i.tas' place and planted it in the women's room.”

Della Street's eyes became animated.

”Suppose we do have the order of the bullet wounds reversed,” she exclaimed. ”Suppose the first bullet was from the Crowder gun. Then the second bullet must have been from the Anc.l.i.tas gun.”

Mason nodded.

”Then you mean after the gun was returned to the powder room, George Anc.l.i.tas took the gun, went out and fired a second shot into the dead body of Nadine Ellis?”

Mason nodded.

Della Street's eyes were sparking now. ”That would account for the fact that he said nothing about having found the gun in the powder room. He must have missed it and must have had a pretty good idea of what had happened.”

”What had happened?” Mason asked.