The Case of the Counterfeit Eye пм-7

by Эрл Стенли Гарднер

  "Sure, I know what happened. I heard them start giving her a browbeating third degree all the way down the corridor. They were trying to find out who had paid her expenses to Reno, why she'd gone there, who had told her to come there, and all of that stuff."

  "What did she say?"

  "Nothing. She said she wasn't going to talk until she saw her lawyer."

  "Then what?"

  Drake said, "I knew the beans were spilled all over everything as far as Reno was concerned. I figured that they'd probably try to keep her covered up until after they'd got a confession. I knew you were in the middle of this trial and I didn't want them to hang a surprise on you out of a clear sky, so I went down to the airport, hunted up the bird who had the fastest plane in the country and paid him to burn a streak through the sky."

  "Did he do it?"

  "I'll say he did it," Drake said fervently.

  Perry Mason frowned thoughtfully, slowly opened the newspaper, and read headlines:

  Mystery witness found in Reno

  Admissions Implicate Local Attorney

  District Attorney's Office Says Entire Matter will Go Before Grand Jury

  Mason slowly folded the paper.

  "God, I'm sorry, Perry," Paul Drake said.

  "Why, in particular?" Mason asked.

  "Because it's put you in a sweet spot. You know as well as I do, that jane will crack under the strain, if she hasn't already. She'll tell them the whole story. From what I read in the newspaper, it looks as though she's coughed up everything."

  "Tell me," Mason said. "Does she insist on staying in Nevada?"

  "I don't know," Drake answered slowly, "just what she did at the time, but before that bunch of cops got done with her, she was ready to do anything or say anything, or I'm a cockeyed liar."

  Mason said slowly, "Watch out. Here's the D.A. coming over this way."

  Burger surveyed Perry Mason with a frosty smile, and said, with the manner of one who is playing with a victim as a cat plays with a mouse, "If you have no abjection, Counselor, I would like to have this hearing adjourned sometime today in order to go before the Grand Jury with a very important matter."

  "Could you," asked Perry Mason, "have one of your deputies handle the matter before the Grand Jury so we could go on with this hearing?"

  "Not very well." Burger told him. "And I can assure you, Counselor, it won't make the slightest difference to you."

  "Why not?" Mason asked.

  "Because," Burger told him, "you'll also be before the Grand Jury. It's in relation to the sudden trip to Reno of a certain Hazel Fenwick."

  "Oh," Mason said, "am I to understand that Hazel Fenwick is here?"

  "She will be."

  "And she was in Reno?"

  Burger said, with some show of feeling, "You know damn well she was in Reno. She's told the officers that you paid her expenses there. She's admitted that much. So far, that's as far as she will go. She claims her name is Thelma Bevins. That's the alias she was registered under in Reno. That's what she's told the boys in Reno. They didn't have the dope on her. She'll sing a different tune when I get her here and have her identified."

  There was the bustle of activity. Judge Winters emerged from behind a blackcurtained doorway and stepped to the bench. A gavel pounded the spectators to attentive silence.

  Judge Winters looked down at Perry Mason. His facial expression was stern. He didn't say in so many words that he had read the newspapers, but the tone of his voice spoke volumes as he looked directly at Perry Mason and said, "Do you wish to proceed, Counselor?"

  Perry Mason returned his gaze steadily.

  "Yes, your Honor," he said.

  Chapter 16

  Judge Winters nodded to the district attorney.

  "Proceed," he said.

  District Attorney Burger turned to one of the deputy sheriffs and nodded his head.

  The man approached Perry Mason, a folded paper extended.

  "Your Honor," the district attorney said, "there have been some rather startling, although not entirely unexpected, developments in connection with this case, and in connection with another matter which, while not directly involved, is nevertheless related to it. In view of this other matter, it will be necessary for me to ask for a brief adjournment of this hearing within approximately an hour."

  Judge Winters frowned.

  Burger went on, "I feel that I am violating no confidence, your Honor, in stating that this matter is one which is being investigated by the Grand Jury and it will be necessary for me to appear before the Grand Jury."

  "Has the defense," asked Judge Winters, "any objections?"

  Before Mason could say anything Burger, raising his voice, said, "The defense can have no objection, because one of the first witnesses who will be called by the Grand Jury is none other than Perry Mason, the attorney for the defendants."

  Mason said in slow, level tones, "Your Honor, that remark was uncalled for and unnecessary. I hold in my hand a subpoena to appear before the Grand Jury, a subpoena which very apparently was held in the hands of a deputy sheriff and could have been served at any time prior to the convening of court. Yet that paper was served at a signal from the district attorney, and purely for the purpose of letting the Court and the spectators know publicly that I was being called as a witness before the Grand Jury. It was merely a grandstand play."

  Judge Winters hesitated a moment, and Burger, turning belligerently to Perry Mason, said, "I see you can dish it out, but you can't take it."

  Judge Winters banged his gavel.

  "That will do, Mr. District Attorney," he said. "There will be no further personal remarks of that nature, and I can assure Counsel for the defense that the Court will not allow its decision to be influenced in the slightest by the comments of Counsel. Proceed with the case, gentlemen."

  Perry Mason, holding the subpoena in his hand, turned to scan the faces of those in the courtroom. He caught the anxious, startled eyes of Della Street on the outskirts of the crowd. She raised a newspaper in her hand and gestured with it significantly.

  Perry Mason nodded his head almost imperceptibly and then flashed her a swift wink.

  "Your next witness," Judge Winters said to the district attorney.

  "George Purley," Burger announced.

  As Purley was taking the oath, Burger turned to Mason and said, "Purley's reputation as a handwriting expert should be too well known to require formal qualification. He has been with the police department for years and…"

  "I'll stipulate Mr. Purley's qualifications, subject to the right to crossexamine," Mason said.

  Burger nodded perfunctory thanks and turned to the witness.

  "Your name is George Purley, and you are now and for some time past have been employed as a fingerprint and handwriting expert with the police department?"

  "Yes, sir."

  "On the fourteenth of this month did you have occasion to go to the house of Hartley Basset?"

  "I did."

  "I will ask you generally if you noticed the body of the man who lay on the floor of the office in the Basset residence."

  "I did."

  "Did you notice a portable typewriter on the table near that body?"

  "I did; yes, sir."

  "Did you notice a piece of paper on which typewriting appeared, and which was in the typewriter?"

  "Yes, sir."

  "I show you this piece of paper and ask you whether that is the same piece of paper."

  "It is."

  "Did you make tests to determine whether the typewriting on this paper was written by the machine in which the paper was found?"

  "I did."

  "What did those tests show?"

  "They established conclusively that the typewriting was not done by that machine, but was, in fact, done by another machine that we subsequently found in the house."

  "Where?"

  "In the bedroom of Mrs. Basset, one of the defendants in this case."

  "Did she make any statements in your
presence as to, the ownership of that machine?"

  "Yes, sir."

  "What did she say?"

  "She said that it was her machine and that she used it for her private correspondence; that occasionally she typed her correspondence personally and occasionally had one of her husband's stenographic assistants type the correspondence."

  "Did she mention anything about her qualifications as a typist?"

  "Yes, sir; she said she had been a professional typist for years and used the touch system."

  "What is meant by a touch system?"

  "A system of typing in which the operator does not look at the keys of the typewriter, but strikes entirely by a sense of touch."

  "Is there anything about this typing by which you can tell whether the person operating the machine used a touch system?"

  "Yes, sir; a certain evenness of touch by which all of the keys were struck with approximately the same force. In the socalled twofinger system or huntandpeck system, because the pressure is less mechanical, the keys are struck with varying force and there is a very slight difference in the impression made by the type upon the paper."

  "In your opinion, Mr. Purley, this paper was written upon a machine other than the one in which it was found and by a person using the touch system. Is that right?"

  "Yes, sir; beyond any possibility of doubt this document was typed upon the Remington Portable which was found in Mrs. Basset's bedroom. In my opinion it was typed by a person who used the touch system and who was, or at least had been at some time, a professional typist."

  "Crossexamine," Burger said briefly.

  "If I understand the testimony correctly," Mason said, "this paper was typed upon the machine which was subsequently found in Mrs. Basset's bedroom. After it was typed, it was taken to the room where the body was found, and inserted in the typewriter. Is that correct?"

  "Yes, sir."

  "Thank you," Mason said. "That is all."

  Judge Winters made a note in his notebook, nodded his head to Burger and said, "Your next witness, Counselor."

  "Arthur Colemar," Burger announced.

  Colemar came forward, took the oath, and slid into the witness chair, his gray eyes blinking as though he were slightly bewildered at his surroundings.

  "Your name's Arthur Colemar?"

  "Yes."

  "What's your occupation, and by whom were you last employed?"

  "I was Mr. Hartley Basset's secretary, sir."

  "How long had you been employed by him?"

  "For three years."

  "When did you last see him?"

  "On the fourteenth of this month."

  "Was he living or dead?"

  "Dead."

  "Where was he?"

  "In his inner office."

  "How does it happen that you saw him there then?"

  "I had been to a show. I returned to find the house in confusion. People were running about, apparently very much excited. I inquired the cause of the trouble, and was informed that Mr. Basset was dead. Someone took me into his office so that I could identify him."

  "I think," Burger said, "that I have already proven the corpus delicti, so I won't go into the matter of death by this witness at any greater length. I desire to show by this witness certain other facts."

  Judge Winters nodded. Mason, sitting sprawled in his chair, his legs thrust out in front of him, said nothing.

  "You are, of course, intimately acquainted with the defendant, Mrs. Sylvia Basset."

  "Oh, yes, sir."

  "Mr. Basset has his office in his house?"

  "In the same building, yes, sir. It had originally been designed, I believe, as a duplex dwelling, or as a four flat building, I don't know which."

  "And Mr. Basset had the east side of the building for his office?"

  "The lower floor on the east side, yes, sir."

  "Where did you sleep?"

  "I slept upstairs in the back part of the house."

  "Where did you work?"

  "In the part Mr. Basset had set aside for his office."

  "Did you have occasion, from time to time, to talk with Mrs. Basset?"

  "Frequently."

  "Did you ever have an occasion to converse with her concerning the amount of life insurance Mr. Basset was carrying?"

  "Yes, sir."

  "When was that conversation?"

  "Objected to as incompetent, irrelevant, and immaterial," Mason said.

  "Overruled," snapped Judge Winters, his countenance cold as granite.

  "Your Honor," Burger said, "I intend to prove motive by this witness. I feel that I am within my rights, and…"

  "The objection has been overruled," Judge Winters said. "Moreover, this Court will never sustain an objection that such a question is not material. Experience shows that the motive of gain is one of the most compelling motives in murder cases. If the prosecution can establish this as a motive, it is undoubtedly entitled to do so."

  Mason shrugged his shoulders and settled down in his chair.

  "This conversation," the witness said, "took place about three days before Mr. Basset's death."

  "Who was present?"

  "Just Mrs. Basset, Richard Basset and myself."

  "Where did the conversation take place?"

  "In the hallway at the head of the stairs near the entrance to her bedroom."

  "What was said?"

  "She asked me if I was familiar with Mr. Basset's business affairs, and I told her I was. She asked me precisely how much life insurance Mr. Basset was carrying. I told her that I would prefer she take that up with Mr. Basset. She told me not to be foolish, that the insurance was carried for her protection, and she said, as nearly as I can remember, 'Colemar, you know that I'm the beneficiary in the insurance.

  "I didn't say anything, and after a moment she said, 'I am, am I not? And then I said, 'Of course, Mrs. Basset, since you put it that way, there's no reason why I should contradict you. But I would prefer you talked over the nature, extent and type of the insurance with Mr. Basset.

  "She said she thought Mr. Basset was carrying too much insurance, and that she was going to ask him to drop some of the policies."

  "Did she say precisely which policies?"

  "No, sir."

  "Then the effect of her conversation was to reassure her mind upon the fact that Basset was carrying…"

  "Objected to as argumentative and calling for a conclusion of the witness," Perry Mason said. "This man is now testifying as to the motive of the defendant's question. The words speak for themselves."

  "Sustained," Judge Winters said.

  "Now, then," Burger went on, his face showing dogged determination, "are you acquainted with Mr. Peter Brunold, one of the defendants in this case?"

  "I am, yes, sir."

  "When did you first become acquainted with him?"

  "About a week or ten days ago."

  "How did it happen?"

  "He was just leaving the door of the house as I drove up. He said that he had been looking for Mr. Basset but Mr. Basset was out, and he asked me if I knew when Mr. Basset would be back."

  "What did you tell him?"

  "I told him Mr. Basset would not be back until late."

  "And Brunold was coming out of the house at that time?"

  "Yes, sir."

  "Where had you been?"

  "Attending to some errands for Mr Basset."

  "You were driving Mr. Basset's car?"

  "Yes, sir, that's right—the big sedan."

  "That was the first time you saw Mr. Brunold?"

  "Yes, sir."

  "Did you see him again at a later date?"

  "Yes, sir."

  "When?"

  "The night of the murder."

  "And when did you see him then?"

  "I saw him running away from the house."

  "You mean the Basset house?"

  "Yes, sir."

  "Let's not have any misunderstanding about that. When you say the house, you mean the house where
Mr. Basset had his office, and where he resided?"

  "That's right. Yes, sir."

  "And you say Mr. Brunold was running away from that house?"

  "That's right."

  "At what time was this?"

  "Just as I was returning from the show I mentioned."

  "How were you returning?"

  "I was walking."

  "Did you speak to Mr. Brunold?"

  "No, sir, I didn't. Mr. Brunold didn't see me. He ran on past me on the other side of the street."

  "Could you see him plainly?"

  "Not all of the time, but when he passed under a street light, I was able to get a good look at his features. I saw him then and recognized him."

  "Then what happened?"

  "Then I approached the house and saw that something unusual was taking place. I saw figures running back and forth past the windows. They were moving rapidly."

  "What did you see, if anything?"

  "I saw Mrs. Basset and her son, Richard Basset."

  "What were they doing?"

  "They were bending over someone in the reception room. Then Mrs. Basset ran and called Edith Brite. I saw Edith Brite come running from the other part of the house and enter the reception room."

  "What did you do?"

  "I went to the reception room and asked what was the matter and if there was anything I could do. I could see someone was lying on the couch. I thought it might be Mr. Basset. I asked if he'd been hurt. Mrs. Basset came and stood in front of me and pushed me out of the door. She told me to go to my room and stay there."

  "What did you do?"

  "Followed instructions and went to my room."

  Burger said to Mason, "Crossexamine."

  Mason, arising from his chair at the counsel table, said, "Later on you went to the study and identified Hartley Basset's body, didn't you?"

  "Yes, sir."

  "At that time, did you hear it said that the young woman who had been lying on the couch when you first entered the house on your return from the picture show would know the man she had seen leaving the study if she saw him again?"

  "Yes, sir, I heard there was such a witness."

  "She was in a darkened room, but the light was streaming over her shoulder so that, while her own features were in the shadow, the light illuminated the features of this man after she had torn the mask from his face."