"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."
"It should, then, be a difficult matter to remove such an eye."
"It is not difficult, but the lid must be pulled down in a manner to let air in back of the eye before it can be readily removed."
"That is done by the wearer of the eye?"
"Yes. The lid must be pulled, down."
"Quite far down, Doctor?"
"Quite far down."
"Then," Perry Mason said, "if a man with a wellfitted artificial eye was committing a murder and bending over the man he was murdering, it would be an impossibility for his artificial eye to drop out accidentally, would it not?" There was a gasp of surprise from the crowded courtroom, as, the spectators realized the point which Mason had been driving home.
"Yes," Doctor Bates said, "it would be virtually impossible."
"So that, if a murderer, emerging from a place where he had committed a murder, exhibited an empty eye socket, it would be because he had, himself, deliberately removed the artificial eye which was in that socket. Isn't that a fact, Doctor?"
"I would say so—yes. That is, of course, conceding that the murderer wore an eye which was properly fitted."
"Such an eye as that which was first given you by the district attorney, and which was claimed to have been found in the hand of Mr. Hartley Basset?"
"Yes."
"That eye, in your opinion, was carefully fitted?"
"Yes, sir. That eye was made by an expert."
Mason waved his hand.
"That is all, Doctor," he said. "Thank you."
Burger leaned forward in frowning attention. His eyes were puckered into a worried look.
"Your next witness," said Judge Winters.
"Mr. Jackson Selbey."
A welltailored individual, wearing a very high, starched collar, shuffled importantly forward, held up a wellmanicured right hand, took the oath, walked to the witness chair, carefully hitched up his trousers, so as to preserve the crease, crossed his knees, and smiled at Burger, after the manner of one who is accustomed to discharging his duties with dapper efficiency.
"Your name?" Burger asked.
"Jackson Selbey."
"What is your occupation, Mr. Selbey?"
"I am manager of the Downtown Optical Company."
"How long have you been employed as manager for that company?"
"Four years."
"Prior to that time where did you work?"
"For the same company, but in the position of chief clerk. I was promoted to the position of manager at the time I mentioned."
"The Downtown Optical Company keeps a stock of artificial eyes, does it, Mr. Selbey?"
"Yes, sir; a very complete stock."
"Are these eyes as well or as carefully made as eyes which are made by the more expert artisans, such as Doctor Bates mentioned in his testimony?"
"They are quite well made. They are made in various color combinations, so that any normal eye may be readily matched. They are well enough made to make a very satisfactory match for any natural eye."
"Do you, in your stock, carry a supply of what might be called bloodshot eyes—that is, eyes in which the veins over the white part of the eye are sufficiently red and pronounced to give the eye a bloodshot appearance?"
"No, sir."
"Why not?"
"Because such eyes are required only by persons who go to great lengths to prevent the detection of artificial eyes. Such persons usually employ one of the recognized experts to match their natural eyes, whereas the person who purchases artificial eyes from us does so because he wishes to save money. He usually doesn't have sufficient funds to have a complete set of eyes."
"Have you, however," Burger asked, "upon occasion, been asked to make bloodshot eyes?"
"Yes, sir, upon one occasion."
"And how was it suggested that be done?"
"By taking an eye from stock and having an eye maker add bloodshot veins to it by using the very fine reddish veinglass which is manufactured for such purpose."
"Was that recently?"
"Yes, sir."
"I will ask you," Burger said, "to look at the people present in this courtroom and tell us if you have seen any of these persons in your store."
"Yes, sir, I have."
"Did one of them order the bloodshot eye to which you have referred?"
"Yes, sir."
"Who was that person?"
Selbey pointed his finger at Brunold.
"The defendant, Brunold, sitting there," he said, "was the man."
The eyes of the court attaches and spectators turned toward Brunold. Brunold sat, arms folded across his chest, chin slightly sunk forward, eyes fixed. His face was absolutely without expression.
It was Sylvia Basset whose face showed the emotion which newspaper reporters like to describe in sensational articles. She bit her lip, leaned forward to stare at the witness, then sat back with an audible, tremulous sigh.
"When did he order the bloodshot eye?" Burger asked.
"At nine o'clock in the morning, on the fourteenth of this month."
"What time does the Downtown Optical Company open its doors?"
" Nine o'clock in the morning."
"He was there when the doors opened?"
"Yes, sir."
"What did he say, if anything?"
"He said that it was necessary for him to have a bloodshot eye at once. He said he wanted an eye to take the place of the one which he had lost."
"Did he say when the eye had been lost?"
"Yes, sir, the night before."
"Did he mention a time?"
"No, sir."
"Did Mr. Brunold tell you under what circumstances the eye had been lost?"
"Yes. I told him we couldn't possibly make the eye he wanted, as he wanted it and within the time limit he had fixed. So he then gave me a story by way of explanation and, apparently, in an attempt to enlist my sympathies."
"Who was present at the time of this conversation?"
"Just Mr. Brunold and myself."
"Where did the conversation take place?"
"In the consulting room of the Downtown Optical Company."
"What did Mr. Brunold say?"
"He said that he had been calling upon a former sweetheart who had since married a man who was very jealous; that on the previous evening he had been talking with this woman when one of the servants had knocked on the door. Mr. Brunold said he had wanted to face the husband and have it out with him, but that the woman, because her son had been legally adopted by the husband, had refused to leave. He said that the woman pretended to have been bathing so that she could delay the servant's entrance long enough to enable Brunold to jump out of a window and make his escape. He further said that the bloodshot eye, which he customarily carried with him in a chamoislined pocket in his waistcoat, had dropped from his pocket when he climbed from the window; that he was afraid the husband had recovered the eye and would trace it; that if this was done the husband would uncover a lot of information which would be damaging to the woman, and work a great injustice upon her.
"He then said it was necessary for him to have an eye to take the place of the one he had lost at once, so that he could either claim he had never lost the eye or, if it appeared more to his advantage to do so, he could claim that someone had stolen his eye and substituted a counterfeit, and that he was afraid the person who had stolen the eye intended to 'plant' it where it would get him into trouble."