"Your eyes are in good condition?" asked Perry Mason.

"Yes."

"You think that you were able to sit in a speeding automobile at this point on the road, and, in the momentary glance which you had through the rear of the automobile, recognize the occupants of the room in that study?"

"Yes, sir. I know I could."

"How do you know it?"

"Because I saw them at that time, and because in order to test my own ability, I have made subsequent tests."

"The last part of that answer may go out," snapped Judge Markham.

"There was no motion to strike it out," said Perry Mason. "If the court please, I would like to follow that point up."

"Very well," said Judge Markham.

"You say you have made subsequent tests?"

"Yes, sir."

"In an automobile?"

"Yes, sir."

"With occupants in the room?"

"Yes, sir."

"Who were the occupants in the room?"

"Mr. Drumm, the Deputy District Attorney, and two people from his office."

"You were able to recognize those people?"

"Yes, sir. You see, sir, the windows are very wide, and the lighting in that study or office is very good."

"The automobile in which those tests were made wasn't driven very rapidly, was it?" asked Perry Mason.

"Just about the same rate as the automobile in which I was riding on the night of the murder."

"That was Judge Purley's automobile?"

"Yes, sir."

"But you haven't made a test in Judge Purley's automobile, have you?"

"No, sir, in other automobiles."

"Then the tests weren't made under the same conditions; that is, the machine wasn't the same, the window in the rear wasn't the same."

"They were similar," said Don Graves.

Perry Mason stared accusingly at the witness.

"But the tests weren't made under exactly the same conditions."

"No, sir."

"Would you," thundered Perry Mason, "dare to make a test under the same conditions?"

"Objected to as argumentative," snapped Claude Drumm.

"I think," said Judge Markham, "that it may be argumentative, but it has a tendency to show the interest or bias of the witness. The question was, whether or not he would be willing to make a test under certain conditions."

"But such a test wouldn't prove anything more than has already been proven," said Drumm.

"The question," said Judge Markham, "is, whether or not he would be willing to make such a test. I think I will permit the witness to answer."

"Answer the question," said Perry Mason.

"Yes, I would be willing to make such a test."

"If Judge Purley will furnish his automobile, will you make a test while you are riding in such automobile?"

Claude Drumm was on his feet.

"The question is now different, Your Honor. It is not a question now of whether he is willing to make such a test, but if he will make such a test."

"Yes," said Judge Markham, "if you desire to object to that question, I think that I shall sustain an objection to it."

Perry Mason turned to face the jury.

"In that event," he said, "there is no further crossexamination."

"No further crossexamination?" asked Claude Drumm.

"No. The fact speaks for itself," snapped Perry Mason. "You are afraid to have a test made under identical conditions."

The gavel of Judge Markham banged sharply on the desk.

"Counselor," he said, "you will please refrain from personalities and address your remarks to the court, rather than to opposing counsel."

"Your pardon, Your Honor," said Perry Mason, but his voice held no trace of humility, and his eyes twinkled with amusement.

Claude Drumm stared at Perry Mason, and his forehead creased in thought.

"Your Honor," he said, "might I ask at this time for an adjournment until tomorrow morning at ten o'clock? I have been rather surprised at the unexpected progress which this case has made."

"You are no more surprised than the court," said Judge Markham. "Agreeably surprised, I may say. It is customary for murder cases to be drawn out to such prolonged length that it comes as rather a startling innovation to have a case move with such rapidity as this. Your request is granted, Counselor, and court will adjourn until ten o'clock tomorrow morning, during which time the jury will remember the usual admonition of the court against discussing the case or allowing it to be discussed in their presence."

The gavel banged.

Perry Mason swung about in his chair and turned to face the dark eyes of Frances Celane.

He smiled at her reassuringly.

Rob Gleason, sitting at her side, was haggard and drawn, showing the effects of the ordeal; his posture tense and strained, his eyes filled with a lurking fear.

The girl was calm and collected, her eyes gave no hint of her feelings. Her chin was up, and her head back.

Perry Mason leaned toward her.

"Have confidence in me, please," he said.

Only when she smiled at him was there evident the changes which had taken place in her during the ordeal preliminary to the trial. There was a touch of sadness in the smile; a hint of patience that had not been in her face before. She said nothing, but her smile spoke volumes.

Rob Gleason whispered: "A word with you, sir? And in private, please."

A deputy sheriff moved forward, touched Frances Celane on the shoulder. Perry Mason said to him: "Just a moment, please," and led Rob Gleason to one side.

Gleason spoke in hoarse whispers.

"Looks pretty black, doesn't it?"

Perry Mason shrugged his shoulders.

"If," whispered Gleason, "it's going against us, I want to take it all."

"Meaning?" asked the lawyer.

"Meaning," husked Gleason, "that I want to confess and take the sole blame. I want to free Fran of any responsibility."

Steadily, purposefully, remorselessly, Mason's eyes studied Gleason's features.

"It hasn't come to that yet, Gleason," he said. "And it won't. Keep your mouth shut."

He turned and signaled the waiting deputy that the conference was over.

Perry Mason sat at his desk in the office, looking across at Harry Nevers.

Nevers, with his hair trimmed, his face cleanshaven, wearing a newly pressed suit, twisted his legs up over the arm of the leather chair, and let his eyes study Perry Mason in bored appraisal.

"Sure I'll do you a favor," he said, "if it's anything I can do. The office is friendly toward you. You gave us a nice break on Frances Celane's surrender."

"All right," said Perry Mason, his eyes hard and watchful. "I want you to bear down heavy on the fact that the District Attorney has conducted secret tests to determine whether Don Graves could be telling the truth."

Nevers nodded and yawned.

"I suppose you mean that you want to have an intimation between the lines, that the D.A. wouldn't have had those tests made unless he'd had a little doubt in his own mind about the testimony."

Perry Mason nodded.

"Well," said Harry Nevers, in that expressionless monotone which was so characteristic of him, "that's already been done. I gave you that much of a break in advance."

"All right," said Mason. "Now here's something else. I want you to emphasize the events that happened just before court adjourned; the fact that the District Attorney refused to make a test under identical circumstances."

Nevers inclined his head in a gesture of assent.

"All right," he said, "what's back of it?"

"Back of what?" asked the attorney.

"Back of this test business."

"You can see for yourself," said Mason. "The District Attorney conducted tests. That shows he had some doubt of the ability of the witness to see the occupants of that room, as he claims he did. Furthermore, he has now refused to conduct a test, or permit a test to be conducted under exactly identical circumstances."