"But, your Honor, prior to the time that identifying mark was on the eye, all that the witness knows is that he saw a bloodshot glass eye, rather than the identical bloodshot glass eye concerning which the question has been asked."
Burger chuckled.
"Very well," he said, "we will concede that the objection is well taken upon the ground that no proper foundation has been laid, and with the permission of Court and Counsel, we will withdraw that last question and proceed to lay the proper foundation.
"Did you see a similar glass eye—that is, one which was similar in appearance to the one which was found in the hand of the dead man?"
"Yes, sir."
"When?"
"I first discovered it about twentyfive hours prior to the murder. I handed it to Mr. Basset and saw it in his possession about twentyfour hours prior to the murder."
"Have you any way of telling whether that was the same eye as the one which you have now identified and which you are holding in your hand?"
"Yes, sir."
"You have a way of making such identification?"
"Yes, sir."
"What is it?"
"At the time I discovered this eye, I was wearing a diamond ring. I knew from my experience as a detective the importance of identifying…"
"Never mind what you knew from your experience as a detective," Burger said. "That may go out by stipulation and consent. Just tell what you did."
"I took my diamond ring and cut a cross on the inner surface of the eye.
"Is that cross readily visible?"
"No, sir, not unless you look at it in just the right light. I didn't cut it deeply enough to be conspicuous."
"Can you tell whether that cross now appears upon the eye which you hold in your hand?"
"Yes, sir, it does."
"We ask," Burger said, "that the eye be received in evidence as the People's Exhibit A."
"No objection," Mason said.
"It will be so received," Judge Winters announced.
"Then that is the same eye which you saw some twentyfive hours before the murder?" Burger went on.
"Yes, sir."
"Where did you find it?"
Overton took a deep breath, then said in a voice which filled the courtroom, "In Mrs. Basset's bedroom."
"How did you happen to find it there? Under what circumstances?"
"I heard a noise in Mrs. Basset's bedroom."
"What kind of a noise?"
"The noise of conversation."
"You mean you heard voices?"
"Yes, sir, and motions."
"And what did you do?"
"I knocked on the door."
"What happened?"
"There was the sound of hurried motion."
"Was the conversation that you heard," Burger asked, "distinguishable?"
"You mean as to words?" the witness asked.
"Yes."
"No, sir, it was not. I could hear the rumble of a man's voice and the sound of a woman's voice, but I couldn't hear the words."
"What happened after you knocked on the door?"
"There was this period of excited motion. Then I heard a window open and close. Then I heard Mrs. Basset's voice saying, 'Who is it? »
"And what did you say?"
"I said, 'Open the door, please. This is James, the chauffeur. »
"Then what happened?"
"There was an appreciable interval. Then she said, 'You'll have to wait until I get dressed. »
"Then what happened?"
"Then I waited for perhaps a minute."
"And then what?"
"Then she unlocked the door and opened it."
"What did you do or say?"
"I said, 'I beg your pardon, Madam, but Mr. Basset thought there was a burglar in the house. He wanted me to make certain that the windows were all fastened. "
"What did she say?"
"Nothing."
"Did you say anything further?"
"Yes, sir, I told her that I was sorry if I had disturbed her, that I didn't think she had retired."
"What did she say then, if anything?"
"She said that she hadn't retired, that she had been taking a bath."
"Then what did you do?"
"I crossed the room to the window."
"'Was the window open or closed?"
"Open."
"It is on the second story?"
"Yes, sir, but there is a roof some six feet below the window and a trellis leading to the roof."
"Did you see any signs on the window sill of an unusual character?"
"I saw this glass eye."
"Where was it?"
"On the floor."
"Had Mrs. Basset seen it?"
"Objected to as calling for a conclusion of the witness," Mason said. Then, as he saw Judge Winters hesitating, said, "Oh, well, I'll withdraw the objection. Let's hear his story."
"No, sir," Overton said, "she hadn't seen it."
"What did you do?"
"I stooped and picked it up."
"Did she see what you had picked up?"
"No, sir, she had her back turned to me at the moment."
"And what did you do then?"
"I slipped the eye in my pocket."
"Then what?"
"Then I left the room and, as soon as I had left the room, she closed and locked the door behind me. Then I scratched the cross on the inside of the eye with the diamond on my ring, and went at once to Mr. Basset."
"Then what happened?"
"Mr. Basset tried to identify the eye. He asked me to get in touch with some reputable manufacturer of artificial eyes, and see if there was any way in which the eye could be identified."
"Did you do so?"
"I did so."
"We will," said Burger, "let the identification of the eye speak for itself. In other words, we will not ask this witness to qualify as an expert. We will place upon the stand the expert whom he consulted and let him identify the eye."
He turned to Perry Mason and said, "You may crossexamine."
"You are certain that it was a man's voice that you heard?" Mason asked, "referring to the time that you heard the conversation through the keyhole of Mrs. Basset's room?"
"I didn't say it was through the keyhole," the witness snapped.
Mason's smile was urbane.
"But it was through the keyhole, was it not, Mr. Secret Service Man?"
A titter ran through the courtroom. Judge Winters pounded with his gavel.
"Go on," Mason said, "answer the question. Was it or was it not through the keyhole?"
"I heard it through the keyhole, yes," Overton said.
"Exactly," Mason remarked. "Now, what did you see through the keyhole?"
"I couldn't see anything. That is, nothing that was, of any value."
"Could you see Mrs. Basset moving around in the room?"
"I saw someone."
"Do you think it was Mrs. Basset?"
"I'm not certain."
"But you didn't see any man."
"No, sir."
Perry Mason elevated his arm and stretched a long, accusing forefinger at the witness.
"Now," he said, "when Mr. Basset was killed, his murderer escaped in the Basset automobile, did he not?"
"No, sir."
"You're certain about that?"
"Yes, sir."
"Why are you so certain?"
"Because, shortly after the body was discovered I heard that a witness had said the murderer had escaped, in the Basset automobile. So I went at once to the garage to ascertain if the car was missing."
"Was it missing?"
"No."
"Did you feel the radiator to see if it was warm, or look at the temperature indicator."
"No, I didn't do that. But the car was there just as I had left it, in the place that it should have occupied."
Mason smiled, waved his hand, and said. "That is all."
"Just a minute," Burger said. "One question on redirect
examination. You have testified that you couldn't see the man who was in that room."
"That's right."
"Could you hear him?"
"I could hear his voice, yes."
"You're certain that it wasn't a radio that you heard?"
"Yes."
"Was it Richard Basset that you heard?"
"No, sir."
"How do you know?"
"Because I know Richard Basset's voice. And, while I couldn't distinguish words, I could distinguish the tone of the voice."
"Did you," asked Burger, "notice any peculiarity about the man's speech?"
"Yes, sir."
"What was it?"
"He talked in a quick, excited manner, talking very, very rapidly. That is, the words came out so fast that they all seemed to run together."
"That is all," Burger said.
"Just one question," Mason interpolated. "You couldn't hear the words?"
"No, sir."
"Then how did you know the words all ran together?"
"Just from the way the man was talking."
"But you couldn't tell when he had finished one word and started on another? In other words, you couldn't distinguish the words?"
"I think I could."
"You think you could?"
"Well, I'm not certain."
"We'll let it go at that," Mason said, smiling.
Burger waved Overton from the stand.
"Call Dalton C. Bates," he said.
A tall, quickstepping individual came nervously forward, held up his right hand, was sworn, and took the stand.
"Your name?" Burger asked.
" Dalton C. Bates."
"Your profession?"
"I'm a maker of artificial eyes."
"How long have you been making artificial eyes?"
"Ever since I was fifteen years of age. I started an apprenticeship in Germany at that age."
"Is there any particular advantage in studying in Germany?"
"Yes, sir."
"What is it?"
"All of the glass that is used in making artificial eyes is manufactured in two places in Germany. The formula under which the glass is manufactured is kept secret. It has never been duplicated in this country. It takes a certain particular type of glass."
"Where did you study in Germany?"
"I served an apprenticeship in Wiesbaden."
"Over what period of time?"
"Five years."
"Then what did you do?"
"Then I worked with one of the best artificial eye experts in Germany for ten years. I came to San Francisco and studied for a while with Sidney O. Noles. Then I started in business for myself, and since that time I have been manufacturing artificial eyes."
Perry Mason sat forward on the edge of his chair, his eyes surveying the witness.
"You're qualifying this man as an expert?" he asked of the district attorney.
"Yes!" Burger said shortly.
"Go ahead, then," Mason said.
"The making of artificial eyes is a profession, and a highly specialized profession?" Burger asked.
"Yes, sir. Very much so."
"Can you describe how an artificial eye is made—that is, generally?"
"Yes, sir. The glass is first blown into a ball. That is, the glass comes in a tube. It is then blown and pinched off in the flame in such a manner that it forms a ball. The particular color of glass chosen is that which will match the white of the eye to be duplicated.
"The iris of the eye is then built up on the surface of the ball by the use of solid bits of colored glass which are blended carefully while the glass ball is being rotated. If you will study the human eye you will see that it is composed of numerous colors. While one color predominates, there are various different shades in the iris. These shades must not only be duplicated, but the glass must be fused in such a manner that there is not only a true color, but a true formation of the little color patches, and of brilliance, as well. The pupil is made by using a very black glass which, incidentally, is backed with purple, and the size and shape of the pupil must be carefully considered.
"It is also necessary to study the blood supply of the eye which is to be duplicated. Veins must be traced upon the artificial eye. These veins are more plentiful on either side of the iris, and vary greatly in color with the individual, some having a yellowish tinge, some being redder than others, some being more prominent.
"When the eye is finished, it is covered with a clear crystal, which is fused onto the glass. After this is done, the ball of glass is cut by a torch and molded into shape.
"I have given you only a brief outline of the steps involved."
Burger nodded and said, "It is, then, a very specialized profession?"
"Very much so."
"Can you give us any better idea of what a specialized profession it is?" Burger asked.
"I can tell you this," Bates said. "There are not more than thirteen men in the United States who are recognized as being firstclass artificial eye makers. There are so many things which enter into the making of an eye; first, there must be a very expert manipulation of the materials; then there must be a certain individual artistry of color blending. A really successful maker of artificial eyes must combine the skill of an artist, when it comes to blending colors, with the craftsmanship of a very expert glassblower."
"It is, therefore, possible to recognize the work of certain individuals," Burger asked, "in the same manner that an artist could recognize the work of another artist by reason of the manner in which the pigments were applied?"
"In many instances it is," Bates said.
"I will," Burger said, "hand you herewith an artificial eye, which has been introduced in evidence as People's Exhibit A. It is an eye which was found clasped in the hand of a murdered man. I will ask you to examine such eye and state whether or not you can tell anything concerning that eye."
Bates looked at the eye which Burger handed him and nodded his head.
"Yes," he said, "I can tell a great deal about it."
"What can you tell?" Burger asked.
Judge Winters frowned, looked at Perry Mason as though expecting an objection. When he heard none he said to Burger, "The question is rather peculiarly put, Counselor."
"There is no objection," Mason said.
"This eye," Bates stated, "was made by a very expert craftsman. I think that I can give the name of that craftsman. He is one who resides in San Francisco. The eye is a bloodshot eye. That is, it is an eye which was made to be worn only on occasions, yet, the eye has been worn, or used, as you may care to put it. The man who wore it is one who has a very high degree of bodily acidity."
"How," asked Burger, "can you tell that?"
"By this ring, which you can see about the edge of the eye. That is caused by body acids entering the glass and causing a slight discoloration. After a certain period of use, this discoloration becomes quite pronounced. It can be partially removed by a bleaching treatment, but the life of the eye is shortened by these body acids which enter the glass and which cause it to become unduly brittle."
Burger nodded to Perry Mason.
"With your permission, Counselor," he said, "I will ask this witness questions concerning another eye, which I will subsequently identify. In order that there may be no question of taking advantage of Counsel, I will state that the eye, concerning which I am about to interrogate Doctor Bates, was one which was found in the hand of another dead person, to wit, one Harry McLane."
"It is your contention," Judge Winters asked, "that you have the right to introduce evidence of more than one crime, Counselor?"
"No," said Burger, "I am introducing evidence only against these defendants for the murder of Hartley Basset. The evidence which I am now about to introduce is evidence to explain motivation."
"Very well," Judge Winters said, "it will be limited to that purpose."
Burger opened another envelope, took from it an artificial eye, and dropped it into the extended palm o
f the witness.
"What can you tell us about this eye, Doctor?"
"This eye was not as carefully constructed as the other. It is, I would say, a stock eye. That is, it is an eye which was not made to order for any particular person, but is one of a large stock of eyes such as is kept by any wellequipped optician in a large city."
"What are your reasons for making that statement, Doctor?"
"The eye was completed and was covered with crystal. It was then a clear eye—that is, it was an eye made to match a normally clear eye. After it was covered with crystal, a hurried attempt was made to simulate a bloodshot eye. These little glass veins, which give the white of the eye the bloodshot appearance, were put on after the crystal covering had been placed on the eye. There is no trace whatever of any color line on the eye, and I would, therefore, say that it had not been worn, at any rate, for any appreciable period of time, particularly by the person who wore the other eye which you first gave me."
"May we," Burger asked, "have this eye marked, for identification, as People's Exhibit B?"
"No objection," Mason said.
"Let it be marked for identification," Judge Winters ordered.
"Crossexamine," Burger said.
Mason asked casually, "Why should a person have a socalled bloodshot eye, Doctor?"
"Some people are very sensitive about their artificial eyes. They don't want it known that they have them. For that reason, they go to elaborate precautions to keep from being discovered. They have eyes made to wear in the evening; eyes to wear when they're not feeling well; eyes made to wear when their natural eye is inflamed."
"In other words, then, it is difficult to tell when a person has an artificial eye?"
"Very difficult."
"Why is it necessary to have a separate eye to wear in the evening?"
"Because the size of the pupil of a natural eye varies during the day. With the glare of bright light, the pupil contracts. At night, under artificial lights, the pupil is larger."
"Is it, then, virtually impossible to detect the wearer of a wellmade artificial eye?"
"If the socket is in proper shape and the eye is properly fitted, yes."
"The wearer of such an eye has the ability to move the artificial eye?"
"Oh, yes."
"How is the artificial eye held in the socket?"
"By a vacuum. The eye is fitted in such a manner that the air between the artificial eye and the socket is virtually all removed."
The Case of the Counterfeit Eye пм-7 Page 15
