Chapter 17

Judge Winters tried for three minutes to restore order in the court, and failed. He finally took a tenminute recess and ordered bailiffs to clear the courtroom.

A bailiff appeared at Mason's elbow.

"Judge Winters would like to see you and the district attorney in his chambers," the bailiff said.

Mason nodded, accompanied the bailiff to the Judge's chambers. A moment later, the district attorney entered.

Burger glowered across at Mason and became frigidly dignified. "You wish to see me, Judge?" he asked.

"I want to discuss the very peculiar development of this situation with you gentlemen," he said.

"I have nothing whatever to discuss with Perry Mason," Burger announced. "Whether this woman is or is not Hazel Fenwick has nothing to do with Perry Mason's appearance before the Grand Jury."

There was a knock at the door.

"Come in," Burger called.

Judge Winters looked up in frowning annoyance. The door pushed open, and Sergeant Holcomb entered the room.

"You'll pardon me for taking liberties, Judge," Burger said, "but, under the circumstances, I have asked Sergeant Holcomb to place Perry Mason in custody."

"Custody for what?" Mason asked.

"Tampering with witnesses," Burger snapped.

"But she wasn't a witness. She didn't know one single thing about the case. She hadn't even followed it in the newspapers. She was a total stranger."

"You sent her to Reno to masquerade as Hazel Fenwick, thereby assisting the real Hazel Fenwick to escape."

"I did nothing of the sort. Hazel Fenwick had already made her escape before I even met Thelma Bevins. In view of the information I gave you in court, it should be very apparent why Hazel Fenwick had concealed herself. Doubtless the police will apprehend her. Now that they know more about her, they will be on the watch for her.

"And, as for advising this young woman to masquerade as Hazel Fenwick, I did nothing of the sort. I sent a man to serve some papers in Reno. I sent this woman to accept service of those papers. At the time the service was made, she told the man specifically and particularly that she was not Hazel Fenwick, that her name was Thelma Bevins, but that she was willing to accept service of the papers.

"For reasons of my own, I desired to have it appear that service of the papers had been made in Reno, Nevada. What those reasons are can have nothing to do with this case."

"But why did you do it?" Judge Winters said sternly. "That's the thing I'm getting at. I don't care to discuss this matter in public until after I've talked it over with you privately. But it seems to me that you have deliberately used the whole process of this Court to make everyone in connection with this case appear ridiculous, doubtless hoping to secure some advantage. If that is true, you have been guilty of a flagrant contempt of court and I intend to fine you and imprison you."

"I have done nothing," Mason said. "I didn't bring this young woman here. In fact, under my instructions, she refused voluntarily to leave Nevada. You will doubtless find that because of connivance between the district attorney and the Nevada authorities, she was virtually forced to leave the state and come here."

"She was a vital witness. I had a court subpoena for her, and the subpoena was served on her," Burger said.

"Exactly," Mason told him. "You are the one that brought her here. You were the one who assumed she was Hazel Fenwick. I didn't bring her here. I didn't make any such assumption. I didn't put her on the stand."

"But what did you hope to gain by doing it?" Judge Winters asked. "Why did you advise her not to answer questions?"

"I'll answer that question," Perry Mason told him, "only upon condition that I may answer it fully and completely and without being interrupted."

"I make no promises," Burger said, "except that you are going before the Grand Jury and that in the meantime you are going to consider yourself in custody."

"I," Judge Winters said, "will be glad to hear your explanation. I feel that it is due me and, perhaps, is due you. You have the reputation for being a very clever and adroit attorney. There is usually some reason back of what you do. I would be glad to know what it was in this case."

"Very well, Judge," Mason said. "Everyone in this room has lost sight of the fact that there is one man who had reason to fear Hazel Fenwick more than any other mortal on earth. That man is the murderer of Hartley Basset.

"He didn't know what Hazel Fenwick looked like. Therefore, if the district attorney should produce some woman who apparently was Hazel Fenwick and put her on the stand, that man would think that the jig was up. He would naturally resort to flight.

"I think you are all overlooking the significance of my comments in court to the effect that Brunold could not have committed this crime because he would not have deliberately placed his own eye in Hartley Basset's hand after the murder had been committed. Nor, on the other hand, could the eye have been snatched from its socket by Hartley Basset, nor even if we are to suppose that it could, would Brunold have deliberately masked the balance of his face, but left visible the empty socket, which would have been one of the most sure means of identification.

"On the other hand, if some other person in that household had an artificial eye and that fact was not suspected by any of the other persons in the house, he would have gone to great lengths to have made it appear that the crime was committed by a person who had only one eye, feeling that by so doing he was directing suspicion to Brunold.

"I tried to get photographs of every one of the persons in that house, facing a strong light. As you are doubtless aware, it is very difficult to detect an artificial eye where the eye is well made, matched and fitted, and where the socket has not in any wise been destroyed. However, a natural eye adjusts itself to light, the pupil dilating or contracting, while an artificial eye obviously cannot make such adjustments. Therefore, a person photographed facing a bright light would show pupils of unequal diameter if he had one glass eye.

"It happened that Colemar refused to pose for a photograph. That made me quite suspicious of Colemar. I am now wondering if Colemar didn't think the young woman who was placed on the stand by the district attorney was the missing witness who could positively identify him and that, as soon as the legal wrangling between counsel was over, she would unhesitatingly do so. I think, therefore, it might be well to check up upon the present whereabouts of Mr. Colemar."

At that moment the telephone rang, and Judge Winters picked up the receiver, placed it to his ear and said, "Just a moment." He nodded to Perry Mason.

"A young lady," he said, "wishes to speak with you."

Mason put the receiver to his ear and heard Della Street 's voice coming over the wire.

"Cheerio, Chief," she said. "Are you still out of jail?"

He grinned into the transmitter and said, "Half and half—half in and half out."

"Well," she said, "I was just a little bit dumb. I didn't realize what you were up to with that Bevins girl until after I heard you advising her not to answer questions. Then I saw a great white light."

"Good girl," he told her.

"So," she said, "I made up my mind that I'd sort of stick around and see if any of the witnesses found occasion to leave the courtroom rather abruptly or surreptitiously."

"Good girl," he repeated. "Did you get any customers?"

"I'll say."

"Who?"

"Colemar."

"Did you tail him?"

"Yes."

"That," he told her, frowning, "was dangerous. You shouldn't have done it."

"You gave me a signal," she said. "I wasn't certain you meant everything was under control or whether you wanted me to take a tumble to your technique and trail along."


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