The Case of the Waylaid Wolf

Erle Stanley Gardner

Chapter One
It had started to rain that morning when Arlene Ferris parked her car in the fenced-off parking lot reser ed for employees in the e!ec"ti e offices of the #amont $olling% Casting and Engineering Company& The precipitation was a cold% wintry rain% and Arlene rolled "p the windows of her car% '"ndled her raincoat a'o"t her and walked 'riskly to the side entrance marked Employees Only. It was still raining at noon% '"t there was no necessity for Arlene to lea e the '"ilding since the employees of the e!ec"ti e officers were a'le to "se the "ndergro"nd t"nnel to the cafeteria in the main '"ilding& At ("itting time Arlene was in the midst of work on some specifications which she knew sho"ld go o"t in the night)s mail& It wo"ld take her a'o"t thirty min"tes to finish "p% '"t since Arlene was ne er one to watch the clock on a secretarial *o'% she po"nded away at the typewriter% heedless of the e!od"s of other employees& When she handed in the work to George Al'ert% the office manager% he glanced at the clock and was gratef"lly s"rprised& +Thank yo" ery m"ch% ,iss Ferris%- he said& +.ot at all& I reali/ed these sho"ld 'e in the mail tonight&+.ot all of o"r girls are that considerate& We certainly appreciate yo"r loyalty to the *o'& It s"rprised me yo" were willing to wai e o ertime&+A good *o' is worth 'eing loyal to%- she said% and wished him good night&

The rain had t"rned into a cold dri//le& $eflected lights shimmered on the wet pa ing of the parking lot& Arlene h"rried to her car% opened the door% got in% t"rned the key and stepped on the starter& Sometimes the car took a little longer to start on cold% rainy nights% so she wasn)t too concerned at first when the only so"nd which emanated from "nderneath the hood was the grind of the 'attery-dri en starter with no e!plosi e response from the motor& After the first min"te and a half% she 'ecame distinctly worried and looked aro"nd at the now all '"t deserted parking place& Only a few cars were spotted here and there% and Arlene s"ddenly reali/ed that her 'attery was not t"rning the motor as fast as it had 'een& 0er car seemed definitely stalled& S"ddenly a cheerf"lly competent oice said% +What)s the matter1 0a ing tro"'le1Arlene rolled down the left window to inspect the smiling% confident eyes of the tall% 'road-sho"ldered man whose raincoat was 'elted a'o"t his trim waist& +I seem to 'e ha ing tro"'le with my motor%- she said& +2etter let the 'attery rest for a min"te%- the man said& +3o")re not doing any good% *"st grinding away at it& #et me take a look&0e stepped to the side of the motor% raised the hood professionally% pl"nged his head and sho"lders inside% then emerged after a moment and said% +Watch my right hand& When I wa e it% press the starter& When I mo e it down sharply% stop& 2e s"re the ignition key is t"rned to the 4on) position& All ready1Arlene nodded gratef"lly& Once more the head and sho"lders anished from sight& She watched the right hand& It wa ed gently% and Arlene pressed the starter& Almost at once the hand was pl"nged downward in a swiftly emphatic gest"re% and Arlene took her foot off the starter& The man lowered the hood of the car% walked aro"nd and shook his head& +.o spark%- he said& +What does that mean1+Something)s definitely wrong with yo"r electrical system& There)s no "se r"nning down yo"r 'attery 'y "sing the starter& 3o")re *"st not getting any c"rrent to the spark pl"gs& I)m afraid there)s not m"ch I can do in the rain& With the hood "p% water keeps dripping down on the distri'"ting system5that)s pro'a'ly what)s the matter with it anyhow& I think yo")d 'etter lea e it right here tonight& 2y tomorrow the rain will

'e o er% the s"n will 'e shining and the car will start right off&+2"t%- Arlene said% +I & & & + The man)s smile was engaging& +E!actly%- he said& +I ha e my car right here& I)ll 'e glad to take yo" home&As Arlene hesitated% he added% +That is% if it isn)t too far& If it is% I)ll see that yo" get a '"s or a ca'&Arlene took another long look at the face& The mo"th was smiling& 0e had reg"lar% e en teeth& There was *"st the hint of something a'o"t the lips which indicated he was rather spoiled% '"t the eyes were e!pressi e and there was a lean competence a'o"t him& ,oreo er% he wo"ldn)t ha e 'een in the parking lot "nless he was connected with the company% and if he was connected with the e!ec"ti e 'ranch of the company he "ndo"'tedly was all right& +3o")re s"re I won)t 'e incon eniencing yo"1+.ot at all%- the man said% opening the door& +$oll "p yo"r window tight 'eca"se it may rain some more tonight& I think it)ll 'e clearing 'y midnight5at least that)s the weather report& 0ere)s my car% right o er here&When she saw the car she knew who he was& This was the son of old 6ar is 7& #amont% the owner of the company5#oring #amont& 0e had 'een away on a to"r of So"th America +s"r eying the '"siness field- and had only recently ret"rned& Arlene had% howe er% seen his car once when the elder #amont had 'een cha"ffe"red to the plant in it& The yo"ng man held the door open for her with deferential co"rtesy& As she leaned 'ack against the soft c"shions% appreciating the rich leather "pholstery% #oring #amont *"mped in the other side% and the motor% already r"nning% p"rred into m"lti-cylindered response& A c"rrent of warm air flowed reass"ringly a'o"t her chilled ankles& The 'ig car glided into motion so gently she hardly reali/ed it had started& #oring #amont dro e o"t past the watchman at the entrance to the parking lot& +$ight or left1- he asked& +#eft%- she said& +That)s fine& That)s the way I was going& 0ow far1+,y speedometer clocks it at two miles%- she told him& And then added with a ner o"s la"gh% +0owe er my car is not quite as late a model as this one&+What)s the address1- he asked& She told him& 0e frowned% said% +Say% look% I & & & what)s yo"r name1-

+Arlene Ferris&+,ine)s #amont%- he said& +#oring #amont& #ook% ,iss Ferris% I s"ddenly remem'ered I) e got some papers to deli er for the old man & & & gosh% I)m sorry& I heard yo"r motor grinding away and reali/ed yo" were r"nning yo"r 'attery down% and & & & well% yo")re pretty easy on the eyes and I g"ess I forgot my responsi'ilities for a min"te&+That)s all right%- she told him& +3o" can take me to where I can get a '"s & & & or a ca'&+.ow look%- he said% +I can do 'etter than that& If yo" aren)t in a h"rry% *"st settle 'ack and rela!& Ill ha e to deli er those papers% '"t the car is warm and comforta'le& 3o" can t"rn on the radio% get the latest news% m"sic or anything yo" want& Then after I) e deli ered the papers I)ll take yo" home& Or% if yo")d like% we can stop for something to eat& I)m a'sol"tely free after I deli er those con8 fo"nded papers&She hesitated for a moment% rela!ing in the warm% dry comfort of the car& +All right%- she said% +I)m in no h"rry& If it won)t incon enience yo" & & & + +.o% no%- he protested ("ickly& +I) e got to come 'ack to town anyway after I deli er the papers&+2ack to town1- she asked ("ickly& +Is it far1+.ot with this car%- he said& +We)ll get o"t of traffic and hit the freeway& 9on)t worry& #isten to the radio and & & & and I hope yo"r acceptance incl"des dinner&+We)ll disc"ss that a little later%- she said& And then% with a ("ick la"gh% added% +After I get to know yo" 'etter&+Fair eno"gh%- he said& The plant was within a mile of the freeway& #amont t"rned on the freeway% dro e for some fifteen min"tes% then t"rned off% p"rred along a pa ed road for fo"r or fi e miles% then t"rned off on a dirt road that wo"nd its way among hills& They were now entirely o"t of traffic& +0ow m"ch farther is it1- Arlene asked% her oice sharpened with s"spicion& +Only a little way%- he said& +We ha e a little co"ntry place "p here% and my dad)s associate is waiting for the papers there& 9ad told him I)d 'e o"t&+Oh%- she said% and settled 'ack again& She knew of the e!istence of the co"ntry place& The dirt road was winding and twisting% a 'ar'ed-wire fence on each side& There were No Trespassing signs% then the car eased to a stop in front

of a locked gate& #oring #amont opened the gate% then dro e along a gra eled dri eway% past a swimming pool% and finally stopped at a ho"se which had a wide porch r"nning aro"nd it% f"rnished with l"!"rio"s o"tdoor f"rnit"re& +Well% what do yo" know:- #oring #amont said& +The g"y doesn)t seem to 'e here&+It)s certainly all dark%- she said% +and the gate was locked&+We keep the gate locked% '"t he has a key%- #oring said& +0owe er% the place is dark% all right& 3o" wait here and I)ll r"n in and see if there)s a note or something& ,y gosh% ,iss Ferris% I certainly hate to ha e 'ro"ght yo" all the way o"t here in case & & & '"t the man must 'e here: 0e)s to meet me here and wait for the papers & & & he)s staying here tonight and 9ad)s coming o"t later for a conference&+7erhaps he went to sleep%- she said% +and forgot to t"rn on the lights&+3o" wait right here%- he said& +I)ll r"n in and see&0e left the motor idling% *"mped o"t his side of the car and h"rried into the ho"se& She saw lights come on% on the porch% then lights in the interior of the ho"se& It was almost fi e min"tes 'efore he ret"rned& 0is manner was apologetic& +.ow%- he said% +there are complications&+What1+9ad)s associate was delayed in town%- he said& +0e)s on his way o"t here now& I got 9ad on the phone and told him I)d lea e the papers% '"t he says I)ll ha e to wait% that those papers are classified and that I m"st deli er them personally and accept a receipt in person& It won)t 'e long& Come on in and well wait& I don)t think it will 'e o er a few min"tes&She said% +I)ll wait here in the car and & & & + 0e la"ghed& +9on)t 'e so "pstage& Anyhow% yo" can)t wait in the car& I)m not too long on gas and I don)t want to lea e the motor idling& Witho"t the motor r"nning% the heater will 'e off% and & & & come on in% I) e t"rned "p the thermostat and the ho"se will warm ("ickly& 3o")ll 'e ery comforta'le& If yo")d like a drink we can fi! "p something that will p"t s"nshine into the atmosphere&0e remo ed the keys from the car% then went aro"nd to her side of the car and held the door open in itingly% and after a moment)s hesitation she ga e him her hand% *"mped to the gro"nd and followed him into the ho"se& The interior was f"rnished with fine old .a aho r"gs and mission

f"rnit"re& It had an atmosphere of ("iet l"!"ry& #oring #amont crossed o er to a side'oard% opened a door disclosing a sparkling array of glasses% opened another door to a compartment containing a stock of li("or& +A drink while we wait1- he asked& +.o% thanks%- she said& And then% looking at her wristwatch and for the first time ha ing a ag"e feeling of apprehension% said% +I really must 'e getting home&+Oh% come now%- he said& +3o")re not in that m"ch of a h"rry& 3o")re going to ha e dinner with me& 9on)t worry& O"r man will 'e here in a few min"tes% then all I ha e to do is gi e him the papers and we)ll 'e on o"r way& I)m going to ha e a little drink& Come on% 'e socia'le&+Well%- she said finally% +I)ll take a ,artini&0e mi!ed the drinks with a practiced hand& +9ry1- he asked& +$ather dry% thank yo"&0e stirred the cocktails% po"red them% handed her a glass% said% +0ere)s to getting 'etter ac("ainted%- and sipped the drink& The telephone rang& 0e frowned his annoyance% said% +Now what is it1- and crossed o er to the telephone& +3es1 0ello%- he said& 0e was silent for a moment% then said% +Oh% come now& I)m sorry '"t I) e waited *"st as long as I can & & & where is he now1 Where can I meet him1 2"t I tell yo"% I cant wait any longer& I ha e a ery important appointment and there)s someone with me who has to & & & '"t look% 9ad & & & + 0e said +hello- se eral times% indicating that he had 'een c"t off% then dropped the recei er into place and came across to frown moodily o er the glass at Arlene& +This is the de"ce of a note%- he said& +That was 9ad on the telephone& Old 6ar is 7& himself% in one of his worst moods& 0e)s opened "p a 'rand-new angle of disc"ssion with this man% and I)m instr"cted to wait "ntil he gets here& 0e says it may 'e as m"ch as an ho"r&#oring #amont seemed gen"inely concerned& +I)m terri'ly sorry%- he said& +I got yo" into this& I sho"ld ha e told yo" right at the start & & & only I didn)t know myself& The man was s"pposed to 'e waiting o"t here& When old 6ar is 7& gets in one of those moods that)s all there is to it& Finish yo"r drink and I)ll see if there is anything to eat in the refrigerator& We can at least ha e an appeti/er&-

2efore she had a chance to protest% he tossed off the rest of his cocktail% went into the kitchen and she heard him r"mmaging aro"nd% opening the door of the refrigerator% closing it% opening and closing c"p'oard doors& 0e came 'ack and said% +0ow are yo" on 'isc"its10e said it so easily and nat"rally that% for the moment% she lost her s"spicion and% em'oldened 'y the warmth generated 'y her drink% said% +I)m pretty darn good on 'isc"its&+Swell%- he said& +If yo"ll make some 'isc"its% I)ll fry some ham and eggs% and we can ha e dinner right here& I)m sorry I got yo" into this% '"t I simply m"st deli er those papers% and & & & it won)t 'e as good a dinner as we co"ld ha e had in a resta"rant5e!cept for the 'isc"its% of co"rse& I ha e an idea theyll 'e o"t of this world&+What do yo" ha e1- she asked& +Flo"r% milk% '"tter% shortening1+E erything%- he said% +e erything e!cept fresh 'read& There)s no fresh 'read here& There)s fresh milk& We also ha e powdered milk% lots of canned goods% lots of ham% eggs% 'acon% sa"sage% coffee% li("or& We keep the place pro isioned 'eca"se 9ad likes to come o"t here occasionally for a conference% a more intimate type of conference than he can ha e in the office&She "n'"ttoned her *acket% asked% +Where)s the hand-washing department1+Thro"gh that other room%- he said& +First door to the left& 3o"ll find e erything5what do yo" want o"t here in the kitchen1+An apron mostly%- she said& She washed her hands% ret"rned to the kitchen% and% feeling the effect of the cocktail% really 'egan to en*oy herself& #oring #amont t"rned on a hi-fi and the room was filled with m"sic& Arlene mi!ed the 'isc"its and permitted herself a few dances with #oring #amont while they were 'aking& To her delight% they t"rned o"t to 'e perfect5fl"ffy% fla orf"l 'isc"its which melted in her mo"th when she tasted one& #oring #amont took a 'ite and was la ish in his praise& 0e 'roke eggs in the frying pan% p"t ham on hot plates% lifted the percolator of coffee% smiled at her and said% +.ow this is real co/y% real homelike&At that moment the telephone so"nded a strident s"mmons& #oring #amont seemed for the moment gen"inely s"rprised% then he e!c"sed himself% went to the phone% picked "p the instr"ment% said ca"tio"sly% +0ello%- then after a moment% +Oh% yes% hello & & & hello& All

right& Okay& .ow wait a min"te let)s not disc"ss it now& I)m & & & *"st a min"te& 0old on& Okay&#oring #amont stepped o"t of the little alco e which ho"sed the telephone% said to Arlene% +Will yo" take those eggs off the sto e1 Then go ahead and start eating5I won)t 'e long& This is *"st an annoying interr"ption&0e went 'ack% said into the telephone% +Okay& Ill take it on another line& 6"st hang on for a min"te& Okay&#oring #amont left the phone off the hook% h"rried 'ack to another part of the lodge% picked "p an e!tension phone and Arlene co"ld hear a m"m'led con ersation& She eased the eggs o"t of the frying pan to the plates% stood looking at the tempting array of ham% eggs and hot 'isc"its% thinking that this was homelike indeed% that someone always called on the telephone when hot food was on the ta'le& Then she heard #oring #amont h"rrying 'ack& 0e went to the telephone% picked "p the recei er% slammed it into place and came toward her& +Something serio"s1- she asked& 0e kept on ad ancing toward her& For a moment she was p"//led& Then he had her in his arms% p"lled her to him% kissed her hard on the lips& She tried to p"sh him away& She was startled at the change in his face& There was no longer any mask of polite affa'ility& There was sa age% primiti e passion% and a r"thlessness which frightened her& Arlene p"shed herself far eno"gh 'ack to aim a stinging slap at his face& 0is eyes showed anger for a moment% then there was only a mocking smile& +Come on% 'a'y%- he said% +don)t 'e a pr"de& Get off yo"r high horse& We)re st"ck o"t here for a while and we may as well make the most of it& After all% I)m not e!actly rep"lsi e& At least I don)t think I am& For yo"r information% girls who ha e 'een nice to me ha e gone a long way in the company& 9ad)s pri ate secretary% for instance% got her *o' thro"gh me& She was in a stenographic pool% and && +Well% I don)t need to go a long way in the company%- she 'la/ed& +And I don)t ha e to p"t "p with anything like your tactics:S"ddenly she reali/ed a fatal discrepancy in his earlier remarks& +3o" told me%- she said% +that the man had already started% that he was

on his way o"t here& Then after that telephone call yo" said yo"r father was detaining him&+I was mistaken the first time& They)d told me he)d started o"t so I wo"ldn)t get too impatient& Then 9ad called me and said he was holding him there for f"rther conference&+3o" know what I think1- she asked% looking at him contempt"o"sly& +I think yo" had this thing planned from the ery start& I don)t think there)s anyone coming o"t here& And% in case yo" want to know it% the rep"tation yo" ha e among the girls at the office isn)t partic"larly flattering& I "nderstand yo" think that anyone who works for the company has personal pri ate o'ligations to yo"&+It)s an idea%- he said% la"ghing& +Come off yo"r high horse% Arlene& And yo" aren)t going to gain anything% either now or later% 'y heaping a'"se on me& 3o" may as well face realities& Since yo" want to make something of it% I)ll admit that I) e 'een cra/y a'o"t yo" e er since I got 'ack from So"th America and saw yo" there in the office& +If yo" want to know it% I lifted a part of the distri'"tor o"t of yo"r car so it wo"ldn)t start& I liappened) along at *"st the psychological moment& 3o")re entirely correct in ass"ming that I made "p this whole story& When I came in the first time I called a friend of mine and told him to call me 'ack on the phone in e!actly se en min"tes& That was simply a decoy call& +.ow then% Sweetheart% I ha e the keys to the car& 3o")re going to stay here "ntil I get good and ready to let yo" go home& If yo" don)t act "p% we)re going to ha e a pleasant e ening& If yo" act "p & & & well% that)s all the good it)s going to do yo"& +Come on% Arlene% yo" may as well yield to the ine ita'le with good grace&+It)s not ine ita'le%- she said& +I)m not yielding and I don)t ha e any good grace& .ow% yo" take me home at once or I)ll lodge a criminal complaint against yo"% regardless of who yo" are&0e la"ghed and said% +Try it& See how far yo" get& Who do yo" think is going to 'elie e a story a'o"t yo" coming o"t here with me% a'o"t ha ing a drink with me and all that% and then s"ddenly 'ecoming "pstage10e dangled the car keys& +0ere they are%- he said& +Come and get them& I dare yo"&Seething with indignation% she came at him in an a alanche of h"man f"ry% and was immediately sho ed with 'r"tal strength 'ack thro"gh the dining room% into the li ing room& 0e p"shed her 'ack against a da en-

port "ntil she collapsed& Then he was once more caressing her passionately& She do"'led her knees% got them against his chest% pressed her 'ack against the da enport and ga e a s"dden p"sh& The p"sh 'roke his hold& 0e staggered 'ackwards& She was on her feet and picked "p a chair& +3o" & & & yo" 'east:- she said& 0e la"ghed& +I like spitfires%- he said& +Come on% 'a'y% yo" can)t get anywhere with this st"ff&She reali/ed that he m"st ha e done this many times 'efore% that he knew e!actly what he was doing& +I)m going to ha e yo" arrested if yo" so m"ch as p"t yo"r hand on me again%- she said& +#et me tell yo" something a'o"t the law in this state%- he replied calmly& +I happen to know what it is& If a woman presents a charge for criminal attack against a man% her own pre io"s moral character can 'e in("ired into& 9ad)s lawyers e en ga e me the California case that determined the point& It)s 7eople s& 2attilana& That means that with all the money at my command% I can p"t detecti es on yo"r 'ack trail& I can t"rn yo" inside o"t on the witness stand& I can ask yo" names% dates% specific occasions% and & & & + In a s"rge of 'lind f"ry% she fl"ng the chair& 0e was hardly e!pecting this mane" er& The chair ca"ght him low in the a'domen& For a moment there was a look of "tter s"rprise on his face% then he do"'led o er in pain& Arlene made for the door& She gra''ed her raincoat as she went thro"gh the reception hallway% then she was o"t on the porch% r"nning down the gra el dri eway% past the swimming pool% o"t to the dirt road& She knew that he had the keys to the car% that it was no "se to try and get transportation "ntil she came to the main tra eled highway% and e en then it was do"'tf"l if any cars wo"ld 'e along& She didn)t 'other to p"t on the raincoat '"t held it '"ndled "nder her left arm& She ran pell-mell down the road "ntil she fo"nd herself getting short of 'reath& Then she slowed to a walk and looked 'ack o er her sho"lder& She co"ld see a 'lo' of light from the ho"se% then she saw a mo ing pencil of light% the 'eam of the headlights swinging aro"nd the dri eway& Soon the headlights wo"ld 'e ill"minating the road% c"tting thro"gh the moist darkness&

She sw"ng a'r"ptly from the road% came to the 'ar'ed-wire fence% and crawled thro"gh& Then she hesitated a moment and t"rned 'ack toward the ho"se% keeping in the shadows cast 'y the trees& The twin 'eams of the headlights swept down the road& The car was coming% '"t it was coming so slowly that for a moment she was completely fooled& She stood there% protected 'y the tr"nk of an oak% watching the creeping lights mo ing slowly along the road& The car came to the e!act place where she had deto"red to crawl thro"gh the fence and stopped& Then as she saw #oring #amont getting o"t of the car and walking to the front of the headlights% she saw the 'eam of a flashlight playing along the gro"nd& The light switched a'r"ptly and came toward the fence& For the first time she reali/ed the reason the car had 'een going so slowly& #amont had known that she co"ldn)t keep "p a r"nning pace down the mile or so of co"ntry road which was fenced on 'oth sides& 0e had 'een following her tracks in the wet dirt% and when he came to the place where she had t"rned off% he was "sing the flashlight to track her& For a moment she was cold with fear& This man knew e!actly what he was doing& 0e was cold% r"thless and determined& The 'eam of the flashlight following her tracks came to the fence& Arlene Ferris wanted to scream and r"n% then s"ddenly her 'rain 'egan to f"nction smoothly& She mo ed ("ietly along the fence% then again crawled thro"gh the 'ar'ed wire and down into the roadway& #amont had come to the place now where she had 'een standing& It was a little more diffic"lt tracking her in the terrain which had not 'een cleared into a roadway& 2"t% ne ertheless% he was following her steps& 0er heels made "nmistaka'le marks in the soft gro"nd& #oring #amont had made one fatal error& 0e had left the headlights on% the motor r"nning% the key in the ignition lock& When she was within si! or eight feet of the car% #amont came to the place where she had gone thro"gh the fence for the second time& 0e e idently reali/ed then what she had in mind& The ("esting finger of the flashlight darted along the road% then s"ddenly ca"ght her in its 'rilliance& There was momentary panic in his oice& +3o" to"ch that car and yo"ll go to *ail:- he sho"ted& Then he was scram'ling thro"gh the fence% trying to get to the road in time to o ertake her& She *"mped into the car% threw "p her wet skirt in order to gi e her

legs plenty of freedom% p"shed the dri ing control le er and felt the car glide into motion& 0e was in the roadway right 'ehind her now& She co"ld see the flashlight in the rear iew mirror& 0er toe fo"nd the throttle& She pressed down and the car leaped ahead as tho"gh it had 'een propelled 'y a rocket& S"rprised at the swift acceleration% she almost went into the ditch at the first t"rn& 2"t she finally got control of the car& The power steering was new to her and 'othered her for the first two h"ndred yards& After that% she had the car fairly well mastered% and 'y the time she had t"rned into the main highway she was handling the wheel like a eteran& She dro e to her apartment% left the car parked there% *"mped into dry clothes% then% act"ated 'y a 'it of sardonic h"mor% looked "p #oring #amont)s address in the telephone directory% dro e the car to his apartment ho"se% parked it in the street directly in front of a firepl"g% walked fo"r 'locks to the main 'o"le ard where there was a dr"gstore% phoned for a ta!ica' and went home&

Chapter Two
The ne!t day was 'right and s"nny% as #oring #amont had predicted& Arlene Ferris had a repairman look at her car& Sine eno"gh% he reported that a part had 'een taken from the electrical distri'"tor& A new part was fo"nd and p"t into place% and the car ran perfectly& Arlene typed mechanically% awaiting the s"mmons which wo"ld 'ring her to the office of the office manager& She was grimly determined that this was one time #oring #amont% spoiled son of a rich and powerf"l father% was not going to get away with it& #et them try to fire her& She)d show them she wasn)t a chattel& 9"ring the first part of the morning she de'ated whether or not to prosec"te& They wo"ld% of co"rse% p"t detecti es at work digging "p e ery e ent in her past life& They wo"ld get the names of e ery 'oy with whom she had gone o"t& E ery petting party wo"ld 'e t"rned into a ma*or indiscretion& They wo"ld attempt to 'lacken her character% wo"ld do"'tless claim that she had tried 'lackmail& She knew that% for her own sake% it wo"ld 'e 'etter to keep ("iet% to say nothing& 2"t she also felt that too many yo"ng women in #oring #amont)s life had decided to follow the line of least resistance% there'y

making it do"'ly hard for the ne!t yo"ng woman on whom #oring #amont cast his predatory eyes& Shortly 'efore noon she made "p her mind& She went to the women)s lo"nge% looked "p the telephone n"m'er of 7erry ,ason% attorney at law% and called his office& E ent"ally she was connected with 9ella Street% 7erry ,ason)s secretary& +This is Arlene Ferris%- she said& +I)m working at the #amont $olling% Casting and Engineering Company& I get off work at fi e o)clock& Wo"ld it 'e possi'le for me to see ,r& ,ason tonight on a personal and ery important matter1 I can get away earlier% if it)s necessary&+6"st a moment%- 9ella Street said& She was 'ack on the line within a few min"tes& +9o yo" think yo" co"ld get e!c"sed so as to 'e here at two-thirty1- she asked& +I)ll 'e there%- Arlene Ferris promised& She felt as if a load had 'een lifted from her mind& She was going to go thro"gh with it& She)d show #oring #amont she wasn)t going to p"t "p with that sort of treatment& At one-thirty there was a ripple of e!citement in the office& 6ar- is 7& #amont% looking as tho"gh the world had ca ed in on him% h"rried from the office& The second ice president emerged to r"n after #amont& There had 'een no sign of #oring #amont& A few min"tes 'efore two% Arlene Ferris went to the office manager& +I worked late last night%- she said% +and now I ha e to 'e o"t for a'o"t an ho"r& 3o" can dock me if yo" wish&George Al'ert seemed somewhat nonpl"ssed& +This is a most "n"s"al re("est% ,iss Ferris%- he said& +I know%- Arlene said% +'"t it)s an "n"s"al sit"ation&+Well%- he replied% hesitating% +of co"rse% we are aware of the fact that yo" have p"t in o ertime5I g"ess it)s all right& 3o" "nderstand% ,iss Ferris% the pro'lem is that of creating a precedent5it sometimes happens that girls ha e dental or doctor appointments where they have to 'e e!c"sed% '"t if we are too li'eral they)ll 'e making 'ea"ty parlor appointments and we can)t tell where things will stop&+I "nderstand%- Arlene said 'riefly% and pa"sed& +;ery well%- Al'ert agreed rel"ctantly& +Well e!pect yo" 'ack in an ho"r&+An ho"r and a half%- Arlene said% firmly& The man seemed p"//led 'y Arlene)s manner& +;ery well% ,iss

Ferris%- he said% and let it go at that& Arlene made no attempt to take her car% '"t took a ca' so she wo"ldn)t ha e to waste time finding a parking place& She wanted to get 'ack within the designated period of an ho"r and a half 'eca"se she had said she wo"ld% '"t she felt it really didn)t make m"ch difference& After all% she was ("ite certain that 'y this time tomorrow she wo"ld no longer 'e an employee of the company&

Chapter Three
As Arlene Ferris finished her story% 9ella Street% 7erry ,ason)s confidential secretary% looked "p from her note'ook& 0er eyes were sympathetic as she waited for the lawyer)s decision& ,ason% his face granite hard% his eyes shrewdly appraising the yo"ng woman% said% +E!actly what do yo" want to do% ,iss Ferris1+I & & & I want to show him that women aren)t chattels% that a working girl is entitled to consideration5*"st 'eca"se I work for a company as a stenographer doesn)t mean that I a"tomatically ha e to 'ecome the plaything of the spoiled son of the owner of the '"siness&+3o" want to teach him a lesson% is that it1- ,ason asked& +.ot e!actly& I don)t want to ha e to li e my life feeling that women who work for an organi/ation are & & & oh% all right% I do want to teach him a lesson&+0ow1+That)s what I wanted yo" to tell me&+3o" can file a s"it for damages%- ,ason said% +or yo" can go to the police and lodge a criminal complaint& 2"t yo" can)t do 'oth&+Why1+For practical reasons& The min"te yo" file a s"it for damages% the criminal case goes o"t the window& A shrewd defense attorney wo"ld make it appear that yo" were trying to capitali/e on the e!perience&+I see5and what if I file a s"it and don)t make a complaint to the police1+There% of co"rse%- ,ason said% +yo" get to the "ltimate ("estion of what a *"ry will do% and% again% that depends on e!actly what yo" want& If yo" want money to sal e yo"r in*"red feelings & & & + +I don)t& I *"st want to & & & it)s hard to e!plain& I want to stand "p for my rights& I want to stand "p for my se!&-

,ason nodded& +I think yo" meas"re "p%- he said& +If yo" want to p"t a stop to this sort of thing% we)ll p"t a stop to it5'"t it isn)t going to 'e easy& They)ll throw m"d% they)ll claim 'lackmail% they)ll ha e yo"ng #amont testifying that yo" deli'erately led him on% that you were the one who made passes at him, that when he was too 'ored to ac("iesce yo" ran tr"e to the old adage that hell hath no f"ry like a woman scorned&0er face went s"ddenly white& +0e)d do that1+S"re% he)d do that%- ,ason said& +3o" don)t e!pect a man of that type to tell the tr"th% do yo"1 9o yo" still want to go ahead with it1+,r& ,ason%- she said% +I)ll fight this thing thro"gh5if yo")ll stay with me I)ll stay with the case& Once I start fighting I keep on fighting&+Good girl%- ,ason told her& 0e t"rned to 9ella Street& +$ing 7a"l 9rake at the 9rake 9etecti e Agency& Ask him if he can come down here right away& #et)s start getting e idence 'efore yo"ng #amont 'egins to reali/e what he)s "p against&,ason t"rned to Arlene Ferris& +3o" say yo" left his car in front of a firepl"g1+I parked it right smack-da' in front of a firepl"g& I *"st hope they gi e him a do/en tickets for illegal parking&,ason smiled% said% +That pro'a'ly gi es "s o"r chance& 0ell 'e making e!c"ses for the illegal parking% and it will 'e interesting to see what story he tells&+3o" don)t think he)ll tell the tr"th% do yo"1+.o%- ,ason said% +I don)t& 2"t I do think that hell tell a story to the effect that some angry girl was trying to get e en with him& It may well differ from the story he)ll tell when he gets into co"rt& +2y the time he gets into co"rt yo" will 'e descri'ed as the aggressor& 3o" will ha e 'een literally throwing yo"rself at him% trying to ad ance yo"rself in the company 'y co"rting his fa or& 3o" say that he told yo" some other woman had got ahead thro"gh him1+3es& The pri ate secretary to 6ar is 7& #amont&+Wo"ld yo" know her name1+Edith 2ristol%- she said& +0a e yo" met her1+I) e seen her a n"m'er of times&+Can yo" descri'e her1+A ery good-looking girl5twenty-si! or twenty-se en% really an o"tstanding fig"re% and & & & well% she)d stand o"t anywhere as a real 'ea"ty if it wasn)t & & & +

+If it wasn)t for what1- ,ason asked& +0er eyes%- she said& +There)s something a'o"t them% a defeated look & & & it)s hard to descri'e& I ne er tho"ght of it 'efore% '"t now that yo" mention her in connection with & & & + 7a"l 9rake)s code knock so"nded on the door& +That)s 7a"l 9rake%- ,ason said to 9ella Street& +#et him in&2y way of e!planation% ,ason said to Arlene Ferris% +The 9rake 9etecti e Agency does all of my in estigati e work& They ha e offices on the same floor here in the '"ilding& 3o")ll like 7a"l 9rake& 0e seems rather cas"al when yo" first meet him% '"t I can ass"re yo" he)s thoro"ghly competent&9ella Street opened the door& ,ason said% +,iss Ferris% this is 7a"l 9rake% head of the 9rake 9etecti e Agency& Sit down% 7a"l&7a"l 9rake acknowledged the introd"ction% seated himself across from ,ason)s desk& ,ason said% +Are yo" ac("ainted with the #amont family% 7a"l1 The $olling% Casting and Engineering Company19rake)s eyes narrowed& +What a'o"t them% 7erry1,ason said% +They ha e a co"ntry place "p toward the hills5a real co"ntry lodge% I g"ess yo")d call it% complete with swimming pool% .a aho r"gs% 'ar'ec"e% li("or closet% and the rest of it&9rake nodded& +I know where it is&+#oring #amont)s car was parked in front of a firepl"g last night%,ason said& +I)d like to know what time it was mo ed and 'y whom& I)d like to know what #oring #amont has to say a'o"t how it happened to 'e parked there% whether he accepts or disclaims responsi'ility% and% if possi'le% I)d like to find who some of his friends are% people in whom he wo"ld confide& I want to see if he has talked a'o"t where he was last night& I want to find o"t a'o"t all this 'efore he knows any in estigation is 'eing made&9rake)s eyes met ,ason)s steadily& +,iss Ferris is the client1- he asked& ,ason nodded& 9rake said% +I hate to do this% 7erry& 7ro'a'ly I sho"ld get yo" to one side% '"t it may 'e that on acco"nt of the time element in ol ed we don)t ha e that m"ch time to waste& #oring #amont was m"rdered last night&,ason)s eyes snapped wide open& Arlene Ferris ga e a dismayed gasp& +Go on%- ,ason said% his face hard with e!pressionless concentration& +I don)t know too m"ch a'o"t it%- 9rake said& +I heard a news 'road-

cast o er the radio& I was interested in de elopments in another case that we)re working on% and I tho"ght the police might ha e released some news this afternoon% so I t"ned in on a 'roadcast a'o"t fifteen min"tes 'efore yo" called& All I heard was the 'are anno"ncement that #oring #amont% son of 6ar is 7& #amont% the famed ind"strialist% had 'een m"rdered last night& 0is 'ody was disco ered in the r"stic retreat maintained 'y the company as a place of recreation and for conferences& 0e had 'een sta''ed in the 'ack with a '"tcher knife&+Any cl"es1- ,ason asked& +That was all the radio report said&+Any statement a'o"t the g"ilty person1+7olice are trying to find a yo"ng woman who had apparently 'een with him last night%- 9rake said& ,ason said% +All right% 7a"l% 'eat it&9rake said% +7erhaps I & & & + ,ason interr"pted& +Time is precio"s% 7a"l& I) e got to gi e some ad ice to my client& I) e got to gi e it to her fast& It has to 'e confidential& If yo")re here there)s no pri ilege in connection with the comm"nication& Con ersations 'etween an attorney and his client are pri ileged% pro ided he doesn)t ha e o"tsiders present& 9ella Street isn)t an o"tsider& She)s incl"ded in the legal pri ilege& Get going&9rake was o"t of the chair in one swift motion& 0e *erked open the door% smiled at Arlene Ferris% said% +3o" co"ldn)t 'e in 'etter hands%- and shot o"t into the corridor& ,ason said% +All right now% let)s get it fast& 9id yo" kill him1She shook her head& +What time was it when yo" left there1+I don)t know& 7erhaps5well% somewhere aro"nd se en o)clock&+And yo" got yo"r clothes pretty m"ddy1She nodded& +3o"r clothes were torn1+,y 'lo"se was torn&+2ra1- ,ason asked& +I was generally m"ssed "p& I had to make emergency repairs after I got o"t on the main highway&+3o" dro e his car1She nodded& +And yo" parked it directly in front of a firepl"g1Again she nodded&

+The rear iew mirror is the most sensiti e place on a car for fingerprints%- ,ason said& +A person ad*"sting a rear iew mirror will almost in aria'ly lea e prints of the third and fo"rth fingers& 9o yo" remem'er if yo" ad*"sted the mirror1 3o" m"st ha e if yo" were "sing it in dri ing&+I ad*"sted it%- she admitted& +Glo es1+.o&,ason said% +#isten ery% ery caref"lly to what I ha e to say& Flight is an e idence of g"ilt& Fail"re to report a crime may also 'ecome a crime& On the other hand% a person is entitled to follow the ad ice of an attorney& If the attorney gi es wrong ad ice that)s his responsi'ility& If he ad ises a client to do something illegal he is s"'*ect to dis'arment& 9o yo" "nderstand1She nodded& +All right%- ,ason said& +I do not want yo" to resort to flight& 9o yo" "nderstand1She nodded& +On the other hand% I don)t dare ha e yo" tell yo"r story to the police right at the present time& We)ll need to get it corro'orated with some sort of e idence& 3o" took off yo"r torn clothes and left them in yo"r apartment1She nodded& +They)re in yo"r apartment now1+3es%+What a'o"t yo"r o"ter garments1+I got m"d on my skirt when I crawled thro"gh the 'ar'ed-wire fence&+.ow% think caref"lly%- ,ason said& +Were there any 'loodstains1She hesitated for a moment% then wordlessly p"lled "p her skirt& On the thigh of her right leg was a long% red scratch& +I did that%- she said% +when I pl"nged thro"gh the fence the second time5I was in a h"rry& I wanted to get to his car 'efore he reali/ed that he)d left himself in a "lnera'le position& As soon as I heard the so"nd of the idling motor I knew that if I co"ld get to his car first & & & well% I g"ess I always do think in terms of a co"nteroffen-si e& I did so want to t"rn the ta'les on him& I threw discretion to the winds& I *"st shot "nder that fence and that)s where I got the scratch&+And it 'led1+It 'led&-

+On the skirt1She nodded& +The skirt was torn1- ,ason asked& +I don)t think it was%- she said& +I shot thro"gh "nder the fence feet first& ,y skirt was way "p aro"nd my middle somewhere& ,y & & & my panties were stained from the m"d& There was m"d on the skirt&+3o" washed yo"r "ndergarment1- ,ason asked& She shook her head and said% +I left e erything in my la"ndry 'asket&+All right%- ,ason said% +we) e got to concede certain tr"mps to the police& They)re 'o"nd to take some tricks& Gi e me the key to yo"r apartment& A"thori/e me to go there and do anything I see fit&She opened her p"rse% handed him a key& +Are yo" going to remo e my clothes1+0ea ens no: That wo"ld 'e tampering with e idence& I)m going to let the police do all the tampering with the e idence&+I)m afraid I don)t "nderstand%- she said& +I don)t want yo" to%- ,ason told her& +.ow I want *"st as m"ch time as I can get 'efore yo" are ("estioned 'y the police& 3o")ll ha e to co-operate on that&+2"t I tho"ght yo" told me yo" didn)t want me to resort to flight&+I don)t%- ,ason said& +I want yo" to do e!actly what any other yo"ng woman wo"ld do "nder the circ"mstances&+What do yo" mean1- she asked& +Wo"ldn)t it 'e normal to go to the police1+3o")re following my ad ice%- ,ason told her& +I will tell the police e erything I feel that they need to know% at the time I think they sho"ld know it& $ight at the moment I want yo" o"t of circ"lation% '"t I dont want yo" to resort to flight5now there)s a difference& 9o yo" "nderstand1+I)m not certain that I do&,ason said% +9o e!actly as I tell yo"& If it comes to a showdown and yo" are a'sol"tely forced to acco"nt for yo"r actions% yo" can state yo" were following my ad ice& 2"t I don)t want yo" to make that statement "ntil I tell yo" to& +.ow then% the first thing is to get yo"rself fired&+That won)t 'e diffic"lt%- she said& +Once it 'ecomes known that I & & &,ason shook his head& +With #oring #amont dead% there is no way that it)s going to 'ecome known "nless yo" left some e idence on the

gro"nd linking yo" to that co"ntry lodge&+And if there isn)t any s"ch e idence1+They may not know that yo" were o"t there with him for some time%- ,ason said% +'"t we can)t co"nt on that& They may 'e looking for yo" any min"te now& The first thing yo") e got to do is to get fired& Go 'ack to yo"r *o' and get discharged5at once&She was tho"ghtf"l& +It might not 'e easy to & & & + +I don)t care whether it)s easy or not%- ,ason snapped& +Get yo"rself fired&+Then what1- she asked& ,ason said% +3o" ha e a girl friend somewhere here in the city1+.ot right in the city&+Close 'y1+Santa ,onica&+What)s her name1+,adge Elwood&+0ow old1+Twenty-se en&+2londe or 'r"nette1+2r"nette&+What does she look like1+She)s a'o"t my si/e& She has a wonderf"l fig"re& She was selected as a 'ea"ty ("een a few years ago& I)m not as good-looking as she is% '"t there is ("ite a remarka'le resem'lance& Some people think we are related&+What does she do now1+She)s a secretary&+Good *o'1- ,ason asked& +3es& It)s a responsi'le position&+3o") e known her since yo" came here1+#ong 'efore that& We) e 'een friends for years& It was thro"gh her that I came here5it was% in fact% thro"gh her that I got this *o' at the #amont Company& She had some contact there% I don)t know *"st who it was% '"t I know that she p"t thro"gh a telephone call and then told me to go in and things certainly were made easy for me& I *"st 'ree/ed into a position while some of the other applicants were still sitting aro"nd waiting&,ason nodded& +Go get yo"rself fired& Then ring "p ,adge Elwood& Tell her that yo") e lost yo"r *o' and that yo" *"st have to see her& Go down and stay with her in Santa ,onica& Stay there o ernight&-

+And what do I tell her1+Tell her yo" got fired& Tell her yo")re satisfied yo" were discharged 'eca"se #oring #amont made a report to the 'oss% that he made a pass at yo" and yo" t"rned him down& 9on)t tell yo"r friend any of the details& Simply say yo")re too "pset to talk a'o"t it&+She already knows a'o"t the tro"'le I had with #oring #amont%Arlene said& +3o" see% since I got the *o' thro"gh her% I felt I owed her an e!planation& I rang her "p last night as soon as I got 'ack and asked her why she hadn)t warned me a'o"t the wol es in the company&+And what did she say1- ,ason asked& She hesitated& +,adge is a good sport& Of co"rse she)s had people make passes at her& We all ha e& I g"ess it)s *"st a ("estion of how yo" handle them & & & I s"ppose I co"ld ha e handled the sit"ation last night if it hadn)t 'een & & & well% he got this last telephone call and it seemed to do things to him& 0e *"st fl"ng all tact and discretion to the winds & & & Well% yo" wanted to know a'o"t ,adge & & & she asked me if I tho"ght there were any *o's where the 'oss wo"ldn)t make an occasional pass% so I descri'ed what happened5and when I told her a'o"t lea ing his car in front of the firepl"g I tho"ght she)d die la"ghing&,ason was tho"ghtf"l& +3o")d 'etter r"n down to isit yo"r friend%he said& +#ea e her telephone n"m'er and address with ,iss Street here& And when ,adge hears a'o"t the m"rder% tell her to keep ("iet a'o"t e erything yo" told her% and & & & + +I)m not to tell her a'o"t the m"rder1+.ot a word5not a word a'o"t that to anyone&+S"ppose she comes right o"t and asks me1+She won)t%- ,ason said& +When yo" tell a friend a'o"t ha ing a str"ggle with some man% the friend doesn)t say% 4Oh% is he still ali e1) Can yo" depend on this ,adge Elwood1+0ea ens% yes& She)s a wonderf"l friend% ery loyal&+Get started%- ,ason said% +2"t I)ll need my key to go to my apartment and get & & & + +3o" dont go to yo"r apartment%- ,ason said& +3o" don)t get a thing&+.ot e en the clothes that & & & + +There isn)t that m"ch time& Call "p ,adge Elwood as soon as yo" get yo"rself fired& .ow lea e her address and phone n"m'er with ,iss Street and get started&-

Chapter Fo"r
It was fi e-forty when 7a"l 9rake)s code knock so"nded on the e!it door of the pri ate office& ,ason nodded to 9ella Street% who opened the door& +0i% 9ella%- 7a"l said% and nodded to ,ason& +3o" want the latest on this #amont m"rder1+What ha e yo" got% 7a"l1+.ow% mind yo"% 7erry% I don)t know what yo" know% and I don)t want to know what yo" know& I don)t want to take that responsi'ility&,ason nodded& +I)m telling yo" what I know%- 9rake said& +Go ahead&+This rolling% casting and engineering company does some classified work& .ot too m"ch% '"t some& They ha e the place g"arded& 3o" need a clearance in order to get in& They ha e an e!ec"ti e parking lot reser ed for people in the engineering office& There)s a little c"''yhole office and a man stays on d"ty there& It)s his *o' to see that cars that go in or o"t ha e the sticker of the company on them and are dri en 'y a"thori/ed personnel& Act"ally% he doesn)t pay too m"ch attention to the cars going out, '"t the cars going in are different& 0e looks o er the car and the dri er& If he doesn)t recogni/e the dri er% or the car isn)t properly fi!ed "p with a sticker% he stops the car and makes a detailed check& +0e remem'ers that last night% a'o"t ("arter to si!% he saw #oring #amont dri ing o"t& There was a yo"ng woman in the car with #oring& 0e)s gi en the police a description of the woman& So far% it)s more or less a general description5dark hair% rather yo"ng% somewhere in the twenties% good-looking& The police are acting on the theory that #oring #amont had a date and went o"t to this co"ntry place the company maintains in the hills west of the city% that they had a drink% that #amont cooked "p a s"pper of ham and eggs% and that after s"pper there was an arg"ment and the girl sta''ed him& +The police aren)t releasing anything to the p"'lic as yet% '"t of co"rse they)re ery an!io"s to find this girl and ("estion her& +The general gossip is that #amont was inclined to 'e imp"lsi e% as far as women were concerned&,ason digested the information& +I don)t want to make any s"ggestions%- 9rake said% +'"t since the

yo"ng woman was seen lea ing the parking lot with #oring #amont% the police ha e an idea that she was some woman who worked in the place& Since #amont)s car went o"t a'o"t fi e-forty-fi e% they ha e the idea that she was pro'a'ly an employee who may ha e 'een working late% that #amont had a date with her to go o"t after ho"rs and had waited for her& +3o" gi e the police that m"ch to work with and it won)t 'e long 'efore they come "p with an answer5now if that answer is going to in ol e yo"r client% it)s going to 'e a whole lot 'etter to ha e her come o"t with her story first and claim that she was protecting herself against attack& If she waits "ntil after the police pick her "p% then it isn)t going to look so good&+She sta''ed him in the 'ack in self-defense% eh1- ,ason asked& +It could ha e happened%- 9rake said& +Thanks a lot%- ,ason told him& +<eep yo"r men on the *o'& 6"st where is this place% 7a"l19rake took a map from his pocket& +0ere)s an a"tomo'ile map% and here)s a large-scale sketch map showing *"st how yo" get to the place& I "nderstand the police are still o"t there% so don)t let o"r m"t"al friend% #ie"tenant Tragg% catch yo" snooping aro"nd or hell immediately p"t another two and two together& I "nderstand he)s working on the *o' at the special re("est of 6ar is 7& #amont% who% as it happens% has a hell of a lot of infl"ence&,ason nodded% took the map% said% +<eep on the *o'% 7a"l& 9ella and I had planned to go o"t for dinner% and I was going to get in to"ch with yo" after dinner& As it is% we)ll pro'a'ly wait here a little while& I)m going to ha e to think this thing o"t&9rake left the office& 9ella Street glanced apprehensi ely at 7erry ,ason& ,ason looked at his wrist watch& +Gi e them a co"ple of ho"rs%- he said% +and they)ll ha e the answer&+And then1- she asked& +Then%- ,ason said% +they)ll 'e looking for Arlene Ferris% and & & & 9ella% yo" ha e that Santa ,onica n"m'er19ella Street nodded& +7"t thro"gh a call%- ,ason said& +Ask for Arlene Ferris1+0ea ens% no:- ,ason said& +Ask for ,adge Elwood&9ella Street ga e him a ("ick glance% p"t thro"gh the call& A moment later she said% +,iss Elwood on the line&-

,ason picked "p the telephone& +,adge Elwood1+3es&+I)m 7erry ,ason% the lawyer% '"t please don)t mention my name at yo"r end of the line& 0a e yo" talked with Arlene Ferris1+Why yes & & & '"t good hea ens: 3o": I)m a fan of yo"rs & & & I & & & well% I)ll hold it&+Is Arlene there1+3es&+I want yo" to do something&+3es& What1+Confine yo"rself to noncommittal answers%- ,ason said% +that won)t let Arlene Ferris know who is talking& I want yo" to do something that is for her 'est interests% '"t she may not appro e of what I)m going to do&+;ery well&+Are yo" willing to help1+Anything&+9o yo" ha e a car1+3es&+3o" know where Arlene Ferris has her apartment1+Of co"rse&,ason said% +,ake some e!c"se to Arlene& Tell her that yo" ha e a date with a 'oy friend% tell her to stay there in yo"r apartment and not to go o"t "ntil yo" get 'ack&+And then1+Then get in yo"r car and dri e at once to Arlene Ferris) apartment& 7ark yo"r car a'o"t a 'lock away5do yo" smoke1+3es& Why1+When yo" get in front of the apartment ho"se%- ,ason said% light a cigarette&+Isn)t that rather5"n"s"al1+3o" mean yo" don)t smoke on the street1+Something like that&+That)s why I want yo" to do something that will tell me who yo" are& It has to 'e "n"s"al '"t not s"spicio"sly so& #ight a cigarette when yo")re right in front of the apartment ho"se&+3es& Go on&+.ow then%- ,ason said% +after yo") e str"ck the match and lit yo"r cigarette% stand there for a min"te& If the coast is clear% I)ll come "p to yo"& If I don)t come "p and speak to yo" within a matter of two or three

seconds% *"st keep right on walking past the apartment ho"se& Walk aro"nd the 'lock% get into yo"r car% dri e 'ack to Santa ,onica and forget a'o"t the whole thing& 0a e yo" got that straight1+I think so&+All right%- ,ason said& +0ow long will it take yo" to get there1+I can make it in & & & oh% I)d say twenty-fi e min"tes from now&+All right%- ,ason told her& +I)ll 'e waiting& $emem'er% if I don)t get in to"ch with yo" shortly after yo") e lit the cigarette% keep right on walking& 9on)t look at the apartment ho"se or look aro"nd& 6"st walk on 'y as tho"gh yo" had stopped to light a cigarette and that was all& Get started now& That)s a good girl&,ason h"ng "p& 9ella Street raised her eye'rows in silent interrogation& +I)m sorry%- ,ason said% +'"t yo")re going to ha e to wait this one o"t% 9ella& Stand 'y the telephone& Wait for me& Get me my miniat"re camera and the flashg"n& I)ll pro'a'ly want some pict"res& Get o"r photographer to stay on in his st"dio&+0ow long will yo" 'e gone1- she asked& +I don)t know& I)m going to try to t"rn a red herring into a decoy&+I)ll wait%- 9ella Street told him& +Good girl%- he said& 0e went to his car% dro e to a place where he co"ld find a parking place within a co"ple of 'locks of the '"ilding where Arlene Ferris had her apartment% smoked a cigarette% then took the camera case from the car and went to stand "no'tr"si ely in the shadows in front of the '"ilding& A few min"tes later a yo"ng woman walking 'riskly along the sidewalk pa"sed directly in front of the apartment ho"se% took a cigarette from her p"rse% scraped a match into flame and held a light in her c"pped hands& She did a good *o' of acting% letting the match 'low o"t% f"m'ling for another match% taking time to light the cigarette the second time& ,ason stepped "p& +,adge Elwood1+,r& ,ason1+3es& #et)s go&+Where1+At the moment% to Arelene Ferris) apartment& 3o")re willing to help1+0ea ens% yes: I)m willing to do e erything I can& 2"t will yo" tell me what this is all a'o"t% ,r& ,ason1 I had the news t"rned on% on the radio dri ing in% and I heard that #oring #amont% son of 6ar is 7& #amont% had

'een killed& I knew that Arlene had 'een forced to fight him off & & & tell me% is there any & & & any possi'le connection1+3o" said yo" wanted to help Arlene%- ,ason interr"pted& +I do&+All right then%- ,ason said& +Come on "p to Arlene)s apartment&+3o" ha en)t answered my ("estion% ,r& ,ason&+That)s a ery interesting o'ser ation on yo"r part% and it)s entirely acc"rate%- ,ason said& +I ha en)t& Come on% let)s go&They entered the apartment ho"se% took the ele ator to the fo"rth floor% and ,ason said% +3o" know where Arlene)s apartment is1+3es% of co"rse&+#ead the way%- ,ason said& +Take this key& Open the door cas"ally&She looked at him ("estioningly% then took the key which he handed her% walked down the corridor% opened the door% went in% switched on the lights and held the door open for ,ason& +All right%- she said% closing the door 'ehind them& +.ow what1,ason said% +3o")re going to ha e to take me on tr"st&+I) e done that long ago&+Arlene says yo")re a good friend of hers&=T> I am& +That yo")re loyal to yo"r friends&+I try to 'e&+0ow long ha e yo" known her1+Se en years&+3o" knew her 'efore she came here1+3es& We were together in the East% and then I came o"t here and we didn)t see each other for a co"ple of years5'"t we kept "p a correspondence& Arlene is a wonderf"l girl& She)d do anything for me and I think I)d do anything for her&,ason said% +3o" look ery m"ch like her& There)s a striking resem'lance&+Isn)t it weird1 7eople always take "s for sisters& Sometimes they get "s mi!ed "p? yet% as far as we can tell% there isn)t any relationship&,ason si/ed "p the yo"ng woman% eying her spec"lati ely "ntil ,adge stirred "neasily& +9on)t look at me like that& I feel yo")re mentally & & & + +I am% '"t not the way yo" think& Where does Arlene keep her clothes1-

+In this closet&+Find something yo" can wear%- ,ason said& +Go in the 'athroom and p"t it on& Take off that skirt and gi e it to me&+And then1- she asked& ,ason said% +Then% in case yo" are ("estioned% yo" are to say nothing 5a'sol"tely nothing& In the meantime% hold still& I want some pict"res&,ason took o"t the camera% foc"sed it% took se eral snapshots% said% +Okay% now go change&,adge Elwood hesitated& +Are yo" certain yo" know what yo" want1 7erhaps I know some things yo" don)t know% ,r& ,ason&+#ook% we ha en)t time for a de'ate& Are yo" willing to help Arlene1+3es&+3o" '"y yo"r clothes in Santa ,onica1+3es&+3o"r skirt has a Santa ,onica la'el1+3es&,ason walked o er to the window of the apartment% looked down at the street& ,adge Elwood still hesitated% st"dying him tho"ghtf"lly& ,ason saw a police car glide aro"nd the corner% come to a stop in front of the '"ilding& ,ason whirled& +All right%- he said% +it)s too late& 3o" ha en)t time to do it now& The police are here& Come on% we) e got to go&4This wo"ld help Arlene1- she asked& +I think it wo"ld ha e helped& It)s too late now&She reached an instant decision% "nfastened the 'elt on the skirt% p"lled a /ipper% dropped it to the floor and stepped o"t% clad in stockings and panties& +Throw me that skirt& The one on the first hanger%- she said& ,ason shook his head& +I tell yo" there isn)t time&+Throw it% damn it:- she said& +I)ll dress in the hall&,ason looked at her long% gracef"l legs% said% +3o")d start a riot% '"t & & & + 0e gra''ed the skirt off the first hanger& +Okay% we)ll try it& Whip into that skirt& @"ick:While ,adge Elwood was dropping the skirt o er her head% ,ason took o"t his pocketknife% made a c"t in the skirt ,adge Elwood had taken off% and ripped o"t a piece of the garment from the hem& ,adge Elwood% holding the skirt a'o"t her with one hand% p"lled open the door& +This way%- ,ason said& They raced down the corridor to the stair door and were opening it

*"st as the ele ator came to a stop& #t& Tragg and a plain-clothes officer stepped o"t into the corridor as the door slid sh"t 'ehind ,ason and ,adge Elwood& ,adge Elwood twisted her hips into the skirt% hitched it aro"nd% p"lled "p the /ipper% said% +.ow what1+.ow%- ,ason said% +we go down two flights% sit on the stairs and wait&+And if one of the tenants "ses the stairs1+We are engaged in low- oiced con ersation%- ,ason said& +I am telling yo" that my di orce decree won)t 'e final for another three months& 3o" are telling me that if I am not in a position to marry yo"% yo")re going to 'reak the whole thing off% that yo")re tired of 'eing kept dangling on a string% that we can)t go on li ing like this&+It seems to me%- she said% smiling% +that I) e read the lines somewhere& I may e en ha e heard them&+3o" might ha e%- ,ason said dryly& +0ow are yo" on acting1+We can try& And how long do we keep it "p1+Thirty min"tes anyway%- ,ason said& +7erhaps longer& We)ll light a do/en cigarettes sim"ltaneo"sly and let them '"rn "ntil they get down to st"'s so we can ha e e idence that the con ersation has 'een going for some time&+I)m in yo"r hands%- she told him& +In yo"r position yo" ha e to know what yo")re doing% and it has to 'e legal&+Sometimes%- ,ason admitted% +I wish I had a greater margin of safety% '"t & & & well% I can tell yo" this m"ch& I try to gi e a client all the 'reaks& There)s a pop"lar 'elief that circ"mstantial e idence leads to in*"stices& Act"ally% circ"mstantial e idence is some of the 'est e idence we ha e% if it is properly interpreted& +The e idence that is really responsi'le for more miscarriages of *"stice than anything else is personal identification&+And I take it this has to do with personal identification1+It does%- ,ason said& +I ha e reason to 'elie e that a certain witness is going to identify anyone the officers point o"t to him as 'eing the person he saw in a certain car with a certain party&+0ow interesting& 9on)t yo" ha e the right to cross-e!amine s"ch a person1+S"re% I ha e the right, ,ason said% +and how m"ch good does it do1 According to my theory% yo" can cross-e!amine a man 'y p"tting him in a sit"ation where his actions contradict his words a whole lot 'etter than

yo" can 'y trying to get his words to contradict his words&+That%- she said% +so"nds ery lawyer-like and ery 7erry ,asonlike% if yo" don)t mind my saying so& Shall we go down another flight of stairs and engage in o"r act1,ason nodded& They walked down the stairs to the flight 'etween the second and third floors& There ,adge Elwood gathered her 'orrowed skirt tightly aro"nd her and made room for ,ason to sit close to her& ,ason lit one cigarette after another% left them '"rning on the stairs "ntil they got down to st"'s% then gro"nd them o"t& +It really looks as tho"gh we) e 'een here a long time%- she said& +I hope so%- ,ason told her& +The arm% ,r& ,ason&+What a'o"t the arm1+It)s o"t of place&She gently took his left arm and p"t it aro"nd her waist& +.ow then%she said% +I)ll p"t my head on yo"r sho"lder and in this tr"sting% intimate position I)ll ask yo" if yo") e read any good 'ooks lately&+I don)t ha e time to read%- ,ason said& +I keep too damned '"sy&+It so"nds like an interesting life%- she m"rm"red sed"cti ely& +It is&+I) e followed yo"r ad ent"res% if that)s the proper word% in the newspapers& 3o" certainly seem to handle yo"r cases in a spectac"lar way&+I try to make them interesting%- ,ason said& +6"rors are h"man& They)ll pay attention to something that interests them& If yo" start droning thro"gh the "s"al ro"tine of handling a case they AA lose interest and yo")ll lose the case&+3o" mean yo"r client will%- she m"ttered dreamily& +With me it)s the same thing%- ,ason said& +With some lawyers it isn)t%- she told him% and sn"ggled closer& 0alf an ho"r later ,ason sighed% said% +This has 'een a perfectly delightf"l thirty min"tes& .ow r"n down to the door to the second floor% take the ele ator down from there& Go thro"gh the lo''y and walk o"t& If there)s a police car at the c"r'% *"st keep on going& 9on)t come 'ack& If the police car is gone% pretend that yo" forgot something% come r"nning 'ack to the ele ator% take it to the second floor% then come to the stair door and 'eckon to me&+If the police car)s there% I)m to keep right on going1+3es&-

+Going where1+To Santa ,onica&+When will I see yo" again1+I don)t know% '"t get tomorrow off if yo" can so yo" will 'e a aila'le for a phone call&+On my way%- she said& ,ason helped her to her feet& She shook o"t Arlene Ferris) skirt% tripped lightly down the stairs and thro"gh the stair door& She did not ret"rn& ,ason sat there for another twenty min"tes& 0is e!tra agant '"ild"p with the cigarettes had cons"med the entire s"pply in his cigarette case and he looked at his watch a do/en times in the last ten min"tes of his wait& Then finally he arose% s("ared his sho"lders& d"sted off his clothes% walked down the stairs to the second floor% took the ele ator to the lo''y and walked o"t thro"gh the door& The police car was no longer at the c"r'& ,ason walked to the place where he had parked his car and dro e to his office '"ilding&

Chapter Fi e
,ason latchkeyed the door of his office& 9ella Street had set "p the electric percolator& The aroma of freshly 'rewed coffee filled the office& +Smells good%- ,ason said& +0ow a'o"t a c"p1+I made it for yo"%- she said& +0ow did yo" come o"t1+3es and no%- ,ason told her& +The police are on the trail of Arlene Ferris& They) e got that far&0e took from his pocket the fragment he had c"t from the hem of the skirt ,adge Elwood had 'een wearing& +What)s that1,ason grinned and said% +I ref"se to answer on the gro"nd that it might incriminate me& Are yo" h"ngry1+I)m a'sol"tely star ed&+All right%- he said& +We ha e a'o"t an ho"r)s nefario"s acti ity to engage in% then we are going to eat&+We can)t eat first1,ason shook his head& +It)s too close & & & heard anything from 7a"l1-

+.othing more&+Gi e him a ring%- ,ason said& +See if there)s anything new& Tell him we)ll call him again later on in the e ening&9ella Street dialed 9rake)s office% con eyed the message to the detecti e% p"t on her hat and coat& +9o yo" ha e an e!tra pair of shoes in the office1- ,ason asked& +3es& Why1+3o")re going to get those pretty m"ddy&+I ha e a pair of rather flat heels and some higher heels&+Wear the high heels%- ,ason instr"cted& +3o" so"nd mysterio"s&I am& +What are we going to do1,ason said% +We)re going to skirt the o"ter periphery of illegality& It is a crime to s"ppress e idence& It is a crime to do certain things in connection with s"'tracting e idence& 2"t as far as I know% it)s not a crime to add% pro ided it is done in the proper manner& It is only a crime to s"'tract&+What% may I ask% are we going to add1- 9ella Street asked& +.othing at all%- ,ason said% his face a mask of innocence& +We are going to e!amine& We are going to take some test photographs& And% of co"rse% as we e!amine and photograph% I am afraid we will lea e tracks& If the officers misinterpret those tracks we can)t 'e held responsi'le for their lack of ac"men in *"dging circ"mstantial e idence&+Of co"rse not%- 9ella Street said% smiling& +7artic"larly%- ,ason went on% +if o"r efforts res"lt in directing the attention of the officers to 'its of legitimate e idence which they might o erlook otherwise&She switched o"t the lights% they closed the office% went to ,ason)s car and dro e o"t toward the hills& ,ason handed 9ella Street the maps% said% +I want to go "p the road toward the co"ntry place where the 'ody was disco ered&+9rake told "s the police are still there%- 9ella Street warned& +I know%- ,ason said% +'"t it)s dark and I am ass"ming that the acti ities of the police are% at the moment% centered on the place itself and not on the approaches&+And o"r acti ities will 'e centered on the approaches1- she asked& ,ason nodded& They t"rned off the freeway onto a pa ed road% which after a few miles

ga e place to a graded co"ntry road& ,ason switched off the dri ing lights% t"rned on the parking lights and eased the car along the road% letting the motor r"n ("ietly& Ahead they co"ld see the 'right ill"mination of the lodge& To the left there was a sloping hill& To the right% a c"t 'ank& ,ason stopped the car& +0ere)s o"r place% 9ella&+What do we do1+We get o"t& 3o" follow instr"ctions implicitly and "n("estion-ingly& If I don)t ha e to make e!planations yo" won)t 'e s"re a'o"t what)s in my mind&+I think whate er is in yo"r mind is larceno"s%- she said% la"ghing ner o"sly& +.ot necessarily%- ,ason told her& +There)s a narrow line of demarcation and I want to keep on the right side of that line&0e led the way across the road% which 'y this time had dried o"t eno"gh so that footprints wo"ld not 'e readily isi'le% to the 'ank which was still moist& ,ason said% +I)m going to lift yo" "p on the 'ank& 9o"'le "p yo"r knees% then when I) e pressed yo"r 'ack against the 'ar'ed-wire fence% hold yo"r skirt tightly aro"nd yo" so it doesn)t get snagged on the 'ar'ed wire and then slide down the 'ank& I)ll catch yo"5I want yo" to lea e the imprints of heels as yo" slide down the 'ank& All ready now1 0ere we go&,ason picked her "p% raised her to his sho"lder% then p"shed her 'ack against the 'ar'ed wire& +All ready1- he asked& +All ready%- she said& +#et me go and I)ll slide&9ella Street% her skirt wrapped tightly aro"nd her legs% her knees do"'led "p% slid down the 'ank and into ,ason)s arms& +0ow)s that1- she asked& +All right%- ,ason said& +.ow what1- she asked& ,ason said% +I)m simply testing to see what wo"ld ha e happened if a girl had slid "nder the fence& She wo"ld ha e left tracks like that% wo"ldn)t she1+I)m ("ite s"re she wo"ld ha e5"nder certain circ"mstances%- 9ella said& +And in that case%- ,ason said% +she wo"ld ha e 'een ery apt to ha e left a part of her skirt on the 'ar'ed wire% wo"ldn)t she1+She)d 'e l"cky if she hadn)t left part of her hide on the 'ar'ed wire%9ella Street re*oined&

,ason nodded% reached "p and impaled the fragment of cloth he had taken from his pocket on one of the 'ar's& +That%- he said% +sho"ld indicate what might well ha e happened& .ow we)ll photograph the tracks and the fragment of cloth&,ason held the camera and flash g"n and took two pict"res& !ouve left some footprints here in the soft soil%- 9ella Street pointed o"t% +and so ha e I&+I know%- ,ason said% +'"t I think those will 'e eliminated&+2y what1+7olice psychology%- ,ason said& +The police will first o'ser e this piece of cloth hanging from the 'ar'ed wire& They)ll *"mp o"t of the car and crowd aro"nd to inspect it& After that% they)ll 'egin to look for tracks& They)ll find yo"r heel tracks coming down the steep 'ank% and only after that will they 'egin to wonder where the person came from who left that piece of skirt on the 'ar'ed wire and where she went to& 2y that time the tracks down here at the foot of the 'ank will all ha e 'een trampled into a hopeless mess& +So then the police will crawl thro"gh the 'ar'ed-wire fence to look on the other side& They)ll fail to find any tracks leading to this partic"lar place '"t then they will find tracks made 'y Arlene Ferris last night&+And what will they ded"ce from all that1- 9ella Street asked& +0ea en knows:- ,ason said& +I personally am only cond"cting a test& I wanted to see what sort of tracks a woman wo"ld ha e made in sliding down the hill% and to see whether a piece of cloth wo"ld readily impale on one of these 'ar's& Sometimes% yo" know% the 'ar's are d"ll and r"sted and wo"ldn)t 'e apt to catch a piece of cloth&+3o") e made yo"r test1- 9ella Street asked& ,ason nodded& +And I take it% it wo"ld 'e em'arrassing if a police car sho"ld come along the road and catch "s here1,ason grinned& +Since I o'ser e from yo"r remark that yo" are h"ngry% I see no reason to delay getting the hell o"t of here and going to where we can eat&+Those%- 9ella Street said% +are welcome words to a woman)s h"ngry ears& #et)s go&,ason 'acked the car down the road "ntil he came to a wide place% t"rned the car% switched on his headlights and dro e 'ack to the city& 0e and 9ella Street stopped at the photographer)s st"dio% left films with specific instr"ctions for de elopment and enlargement% had dinner

and then rang 7a"l 9rake& +<now anything new% 7a"l1- ,ason asked& +;ery little%- 9rake said& +7olice are checking e idence o"t at the place where the 'ody was fo"nd& They)re also following "p the lead that #oring #amont left the company parking place at a'o"t fi e-forty-fi e last night and that a yo"ng woman was in the car with him at that time&+I want to talk with yo" a'o"t that%- ,ason said& +What are you going to do1- 9rake asked& +I)m dri ing 9ella home% and then I)m going to 'ring yo" some pict"res&9rake said% +3o"r tone so"nds s"spicio"sly sm"g&+Thanks for telling me%- ,ason said& +I)ll "n-sm"g it&+,oreo er% I can)t tell%- 9rake said s"spicio"sly% +whether yo"r sm"gness is 'eca"se yo" and 9ella ha e had a ery satisfactory dinner% or whether yo") e 'een "p to something&+Food%- ,ason said% +always lea es me in an e!pansi e mood&+.ow%- 9rake said% +I "now it was something yo" two ha e 'een "p to&,ason dro e 9ella Street home% then do"'led 'ack to the photographer)s office and picked "p an en elope containing enlargements of ,adge Elwood& 0e dro e at once to 9rake)s office& +What)s cooking1- 9rake asked& ,ason said% +We)re stealing a card from police proced"re&+0ow come1,ason regarded 7a"l 9rake tho"ghtf"lly& +7a"l%- he asked% +what)s the most dangero"s e idence in the world1+7ersonal identification e idence%- 9rake said% +the so-called infalli'le e idence of eyewitnesses% '"t it)s something we can)t help& Some people ha e acc"rate memories for faces and some people don)t&,ason said% +It goes deeper than that% 7a"l& It)s an inherent defect in police proced"re as well as in the processes of h"man memory&+0ow come1- 9rake asked& ,ason said% +S"ppose yo" sho"ld 'e the ictim of a hold"p& 7olice listen to yo"r description of yo"r assailant% they know that a certain e!con ict is in the neigh'orhood% they 'ring o"t m"g shots of this e!-con and show them to yo"& They say% 4,r& 9rake% we ha e e ery reason to 'elie e this is a pict"re of the man who held yo" "p& .ow don)t make "p yo"r mind too hastily& Take yo"r time& #ook this pict"re o er% st"dy it caref"lly5no% no% don)t shake yo"r head5not yet& $emem'er that photo-

graphs sometimes look a little different from the way the indi id"al appears5passport photographs% for instance& Sometimes yo" ha e to look se eral times to 'e s"re& .ow yo" *"st take yo"r time and st"dy that pict"re&) +Then a co"ple of days later police ring yo" "p and say% 4,r& 9rake% we think we ha e the man who held yo" "p& We want yo" to come down and look at him in a police line"p&) 3o" go down and look at the line"p& The e!-con is there& 3o" s"ddenly reali/e he looks familiar to yo"& 3o")re pretty apt to make an identification& .ow% are yo" identifying him 'eca"se yo" st"died his pict"re so caref"lly in connection with the hold"p% or are yo" making the identification 'eca"se he)s really the g"y who held yo" "p1+I know% I know%- 9rake said impatiently& +It)s one of those things that happen& 2"t what the hell5h"man nat"re is h"man nat"re and yo" can)t change it% nor can yo" throw o"t all eyewitness e idence simply 'eca"se some g"ys react to the power of s"ggestion more than others&,ason grinned& +E!actly% 7a"l& We)re going to steal a leaf from the police 'ook& 3o" say that the g"ard who was on d"ty at the parking lot saw #oring #amont dri e o"t a'o"t a ("arter to si! with a good-looking yo"ng woman in the car& 7olice think he can identify that woman& .ow I want yo" to take this photograph% contact this fellow and ask him if that)s the woman& Ask him to take a good look at the pict"re% to st"dy it caref"lly and see if that isn)t the woman&+.ow wait a min"te%- 9rake said& +3o")re getting o"t on a lim' there% 7erry& That)s tampering with a witness&+Where)s the tampering1- ,ason asked& +Well & & & yo")re trying to force an identification&+I)m doing nothing of the sort%- ,ason said& +I)m simply asking him if he can identify a pict"re&+2"t the way yo" want him to do it%- 9rake said% +is p"tting ideas in his mind&+Isn)t that the way the police do it1- ,ason asked& +Well & & & I s"ppose so&+All right& Wo"ld yo" say the police were tampering with e idence19rake accepted the snapshot rel"ctantly& +I)ll try it%- he agreed& +It may 'e diffic"lt to get in to"ch with this fellow& The police may ha e him sewed "p& If I go o"t there in a r"sh% trying to contact him% I)m going to aro"se s"spicions% and once I aro"se s"spicions B > were & & &

+9on)t do it that way%- ,ason said& +9on)t aro"se s"spicions& 9on)t do this in too 'ig a h"rry& On the other hand% don)t let a lot of grass grow "nder yo"r feet& 6"st take it easy% '"t do it at the first good opport"nity&+All right%- 9rake agreed& +I)ll get '"sy on it5pro ided I find the g"y isn)t 'eing chaperoned 'y the police& 2"t I)ll do it my way& I won)t go o"t to the plant where police can check me% and I won)t try to force an identification&+Okay%- ,ason said% +we)ll '"tton it "p for tonight% 7a"l& 2"t remem'er to get started early in the morning&-

Chapter Si!
It was aro"nd eight-thirty the ne!t morning when 7erry ,ason "nlocked the door of his pri ate office to find 9ella Street and 7a"l 9rake st"dying the morning papers& +0ow yo" coming with the photograph identification% 7a"l1- ,ason asked& +.o dice%- 7a"l said& +The g"y works the e ening shift and sleeps late in the morning& The police sent a car o"t there early this morning% woke him "p and took him o"t with them somewhere&,ason frowned& +I did the 'est I co"ld%- 9rake saidC +I didn)t want to wake him "p for fear that wo"ld p"sh "s too far o"t in the open& Then the police mo ed in and took him in tow& I ha e a man planted o"t there at the ho"se& As soon as the g"y comes 'ack I)ll 'e notified% and my man will show him the pict"re and ask ("estions& Incidentally% 7erry% yo" ha e yo"r name in the papers% and the police ha e "nco ered some new e idence&+0ow come1+A little detecti e work on the part of o"r friend% #ie"tenant Tragg% who is mighty efficient when yo" come right down to it&+Go ahead%- ,ason said% seating himself on the ro"nded arm of the o erst"ffed leather chair in which clients were made to feel at ease& +What)s the pitch19rake said% +When they searched the 'ody of #oring #amont they fo"nd% in one of his pockets% a part of a car distri'"tor&,ason merely nodded& +3esterday it t"rned o"t that Arlene Ferris% a stenographer employed at the plant% telephoned for a repair ser ice to come o"t and start her car&

She said she had 'een "na'le to start it the night 'efore and tho"ght water had leaked into the distri'"tor& The repairman fo"nd that someone had remo ed a part from the distri'"tor& It was necessary for him to get a new part and replace it& +The part that the police fo"nd in the pocket of #oring #amont)s clothes is identical with the part that was replaced in Arlene Ferris) car% and police ha e reason to 'elie e it had 'een remo ed from the distri'"tor on her car&+Go ahead%- ,ason said& +0ow does my name enter into it1+In a rather pec"liar way& 3esterday afternoon Arlene Ferris ser ed notice that she m"st ha e time off& ,r& George Al'ert% the office manager% stated that ,iss Ferris had a most "n"s"al attit"de% that she insisted on 'eing e!c"sed& She was away from the office something o er an ho"r& +.at"rally% 'y the time the in estigation reached that point% police were interested in finding o"t where she went and what was so "rgent& 2y checking with the gate g"ard% they fo"nd that her car hadn)t 'een mo ed& So their ne!t step was to start checking with the ca' company that had a stand at the corner& They had str"ck pay dirt 'y si! o)clock last night& They fo"nd that Arlene Ferris had asked the dri er of a ca' to get her to this address as ("ickly as possi'le% that she had an appointment with a lawyer& After she had left the ca' the dri er noticed she had left a piece of folded paper& 0e picked it "p and "nfolded it to see if it was anything important eno"gh to t"rn in to the lost-and-fo"nd department& It was *"st a piece of stationery of the #amont Company with yo"r name% address and phone n"m'er on it& 0e sho ed it in his coat pocket& It was still there when the police ("estioned him& 0e ga e it to them& +So then police got a search warrant for the apartment of Arlene Ferris&+I see%- ,ason said tho"ghtf"lly& +7olice co"ldn)t find Arlene% '"t they searched her apartment and fo"nd a skirt with a pec"liar rip in the hem& The skirt was of a soft% wo en material& 7olice fo"nd that a small triang"lar piece had 'een torn o"t of the garment& Shortly after midnight they had a h"nch a'o"t the skirt& They started e!amining the 'ar'ed-wire fence along the road leading to the lodge where the m"rder had 'een committed& They soon fo"nd the missing piece of the garment impaled on 'ar'ed wire% with tracks showing "nmistaka'ly that some woman more interested in speed than modesty had slid "nder the wire% going down the 'ank on her 'ack% with her feet

do"'led "nder her& +Search of the Ferris apartment had disclosed panties 'earing m"d stains so police came "p with the theory that ,iss Ferris had 'een the one who slid "nder the fence&+That)s a crime1- ,ason asked& +,"rder is a crime%- 9rake said dryly& +And police are drawing certain inferences1+Dndo"'tedly& 2"t o"t of deference to the fact that 6ar is 7& #amont is a ery powerf"l ind"strial tycoon% the police aren)t prom"lgating those theories in print& They ha e simply stated that they are making an in estigation% that they wish ery m"ch to talk with Arlene Ferris% that they wonder what ca"sed Arlene Ferris to go to the office of 7erry ,ason in the middle of the afternoon and thereafter to 'e a'sent from her apartment& +Also% police ha e "nco ered a witness who saw a yo"ng woman park #oring #amont)s car directly in front of a firepl"g& The description of that woman tallies with that of Arlene Ferris&+Who)s the witness1- ,ason asked& +A man named 6erome 0enley& 0e li es in the apartment ho"se where #oring #amont has an apartment% and r"ns a m"sic store5hi-fi% records% and things of that sort&+What a'o"t the time1- ,ason asked& +0enley isn)t certain of the time& 0is wrist watch was at the *eweler)s for repair& 0e tho"ght the time was ten or ten-thirty '"t he went to sleep right after dinner and admits he *"st doesn)t know what time it was& 0e had 'een listening to some new records in his apartment% fell so"nd asleep% then wakened% went down to a l"nch co"nter% got a c"p of coffee% then went 'ack to his apartment and to 'ed&+What)s the address of the place where 0enley has his '"siness1,ason asked& +AEAA 2roadside A en"e% according to the newspaper&+All right% 7a"l%- ,ason said& +2e certain yo" aren)t 'eing followed& Go to see 0enley& Show him the pict"re I ga e yo"& Ask him if that)s the yo"ng woman he saw getting o"t of the car&9rake rel"ctantly got "p o"t of his chair and started toward the door& +If they throw me in% yo")ll ha e to 'ail me o"t%- he said% and walked o"t& ,ason glanced thro"gh the paper and the morning mail& Twenty min"tes later his "nlisted desk phone rang and 7a"l 9rake)s e!cited oice came o er the wire&

+It)s going to work% 7erry%- 9rake said& +At first the g"y was d"'io"s& I kept sho ing the pict"re at him and then he 'egan to weaken& 0e says she resem'les the girl he saw getting o"t of the car and he thinks she)s the one&+Good work% 7a"l%- ,ason said& +0ere)s something else%- 9rake said& +#ie"tenant Tragg of 0omicide has a stake-o"t on yo"r car in the parking lot& 0e e idently has an idea yo")ll 'e going o"t and leading him to the place where yo"r client is hiding&+3o")re s"re1- ,ason asked& +Of co"rse I)m s"re& It)s a police car parked in front of a firepl"g across the street and I)ll 'et it)s in telephone contact with Tragg himself&+Okay%- ,ason said& +Ill gi e that matter some tho"ght & & & they may ha e tapped my telephone & & & 'e seeing yo"% 7a"l&,ason h"ng "p the phone% t"rned to 9ella Street& +9ella%- he said% +go down to a pay telephone& 9on)t "se the office phones& Call ,adge Elwood in Santa ,onica& I told her to take the day off and 'e a aila'le for telephone calls& Tell her to dri e in at once& Gi e her the address of the parking lot where I keep my car& +.ow% 9ella% this is important& I want her to stage things so that at e#actly ten-forty-fi e she dri es into that parking lot& Tell her to park her car& The attendant will gi e her a parking ticket5so far she won)t ha e attracted any attention&9ella Street nodded& +I will 'e waiting in my a"tomo'ile with the motor r"nning and the car pointed toward the e!it& As soon as she starts walking toward the e!it I)ll dri e "p alongside and open the door& At that time she is to *"mp in witho"t hesitating&+And then1- 9ella Street asked& +Then%- ,ason said% +it depends on whether the ast"te #ie"tenant Tragg tries to spring his trap 'efore he finds o"t where we)re going& I)m inclined to think that hell gi e me ("ite a 'it of rope in order to see whether I hang myself% '"t he may not&+And *"st where are yo" going1- 9ella Street asked& +Shopping%- ,ason said% grinning& +.ow synchroni/e yo"r watch with mine and tell ,adge Elwood to synchroni/e hers with yo"rs o er the telephone& We want to do this on a split-second timing&+Shall I tell her anything a'o"t Arlene Ferris1- 9ella Street asked& +Tell her to con ey a message to Arlene& Tell Arlene to sit tight for

the moment% '"t it won)t 'e for ery long&+Ten-forty-fi e on the dot%- 9ella Street said& +That)s right& Come o er here now and synchroni/e yo"r watch with mine&9ella Street mo ed o er to 7erry ,ason% said% +There)s less than thirty seconds difference 'etween o"r watches&+,ine is right%- ,ason said& +I keep it right on the '"tton& Set yo"r watch "p thirty seconds& This calls for precision timing& I want to ha e it click right to the second&+2"t with traffic and e erything%- 9ella Street said% +she may 'e delayed a few seconds% e en in dri ing aro"nd the 'lock& It)s pretty diffic"lt to ha e her dri e into a parking lot at e!actly a certain time&+I want it *"st as close to that time as she can make it%- ,ason said& +We ha e a little margin '"t not a great deal& Tell her that it)s e#ceedingly important that she do *"st as I s"ggest&9ella Street nodded and left the office&

Chapter Se en
7romptly at ten-thirty-nine ,ason left his office% went down in the ele ator% t"rned into the parking lot% nodded to the attendant% went to the stall where his car was kept% entered the car% started the motor and 'acked o"t into the lane reser ed for e!it% the mane" er taking him to within a few feet of the lane of incoming traffic& At that point ,ason seemed to ha e some tro"'le with his gas feed& 0e frowned% p"t his head on one side% listening to the motor% raced the throttle a few times% then let the car idle& The time was precisely twenty seconds past ten-forty-fi e& A car sw"ng into the parking lot& The attendant stepped o"t of his cage% ga e the dri er a ticket and ,adge Elwood emerged from the door shaking o"t her skirt& ,ason raised his hat& +$ide1- he called& She flashed him a smile% said% +S"re%- crossed aro"nd in front of the car and *"mped in 'eside ,ason& The lawyer eased the car o"t of the parking lot and into the stream of traffic& +Any tro"'le1- he asked& +.ot at all& I was a few seconds late& I & & & well% I was terri'ly ner o"s& I

g"ess I mis*"dged the time a little&+That)s all right%- ,ason said& +3o" did ery well&+Why so partic"lar a'o"t the time1- she asked& ,ason said% +I wanted to make my e!it look nat"ral and I wo"ld prefer not to 'e followed if we can a oid it&+Why sho"ld we 'e followed1+0a e yo" seen the papers1+.ot the late editions&+It)s pro'a'ly *"st as well%- ,ason said& They made a right t"rn at the corner% then a left t"rn at the ne!t corner& ,ason eased his way past two signals *"st as they were changing% then settled down to steady dri ing& +Can)t yo" circle aro"nd two or three 'locks in a fig"re eight1- she asked& +If yo" think yo")re 'eing followed that will ena'le yo" to find o"t& I read somewhere that & & & + +S"re%- ,ason interr"pted% +that)s all right "nder certain circ"mstances '"t I don)t want anyone to think that I)m at all s"spicio"s& I don)t want to gi e the impression that I)m worried a'o"t 'eing followed& That)s part of the game&+And *"st what is the game1,ason smiled and said% +Act perfectly nat"ral& That)s all yo" need to do&,ason dro e conser ati ely% t"rned into 2roadside A en"e% fo"nd a parking lot in the AFGG 'lock and said to ,adge Elwood% +We walk a 'lock& 0ow)s Arlene getting along1+All right%- she said& +She had tro"'le sleeping '"t I ga e her some sleeping pills I had and they worked all right&+And this morning1+She)s feeling 'etter& She is% of co"rse% '"rsting with c"riosity% '"t I told her to lea e e erything to yo"& She)s dying to know what yo" wanted with me '"t I co"ldn)t help her ery m"ch there 'eca"se I didn)t know myself&+That)s right%- ,ason said% offering no f"rther e!planation& A'r"ptly the lawyer said% +Are yo" interested in m"sic1 In the new records1+I)m cra/y a'o"t the new stereophonic gadgets%- she said& +Well% let)s go in and look aro"nd%- ,ason told her% and taking her el'ow in his hand% piloted her thro"gh the door of a store which feat"red hi-fi e("ipment and records in the window&

A salesman came forward and ,ason said% +I)d like to disc"ss a deal for a complete hi-fi installation&+3es% indeed%- the salesman 'owed& +3o" are the manager here1+I)m the head salesman&+There is% I 'elie e% a ,r& 0enley here&+0e owns the place&+Is he a aila'le1+That)s the man there% in the office&+The one 'ehind the glass partition1+That)s right&+I think I)d like to talk with him%- ,ason said% +a'o"t the installation& Wo"ld yo" mind1+I know he)ll 'e glad to come o er%- the salesman said& +Well% we can walk o er there%- ,ason said& +I don)t want to 'other him and I don)t want to do anything that wo"ld interfere with any commission or 'on"s arrangement yo" might ha e& Wo"ld yo" mind asking him a ("estion for me1+Certainly not&+Ask him if he knows 6im 2illings%- ,ason said& +I think ,r& 2illings got his e("ipment here&+;ery well%- the salesman said% and walked toward the glass-enclosed office& ,ason followed him% to stand *"st o"tside the glassed-in office& The salesman approached 0enley% who listened% looked "p% frowned% then following the nod of the salesman)s head% looked toward ,ason and ,adge Elwood& 0enley hesitated a moment% then arose from his chair and walked to the door of the office& +Good morning%- he said& +There was some ("estion a'o"t a ,r& 2illings1 I don)t 'elie e I recall the name '"t I can ass"re yo" that we)re prepared to gi e yo" the 'est ser ice% the 'est prices and & & & + +6"st a min"te%- a dry oice c"t in from 'ehind ,ason& +We)ll take charge here now&,ason t"rned& +Why% #ie"tenant Tragg: What are you doing here1+I *"st happened to 'e in the neigh'orhood%- #t& Tragg said& +3o" see% we talked with 6erome 0enley earlier in the day5in fact% ("ite early this morning& ,r& 0enley and I are 'y way of 'eing old friends&Tragg t"rned to 0enley and said% +9o yo" know this man% 0enley1-

The manager shook his head& +All right%- Tragg said& +For yo"r information% this is ,r& 7erry ,ason% the famo"s attorney who speciali/es in trial work and primarily in defending persons acc"sed of m"rder& I don)t know who this yo"ng woman is& That doesn)t make any difference& I want yo" to look at her caref"lly 'efore yo" answer my ne!t ("estion& +I don)t like to imp"gn ,r& ,ason)s moti es '"t I am ery m"ch afraid the ast"te lawyer is trying one of his tricks 'y which he conf"ses a witness whom he e!pects to cross-e!amine& This is something he)s done 'efore& If a witness is going to identify someone & & & if there is any possi'ility you% for instance% might 'e called on to identify this yo"ng woman as the person yo" saw getting o"t of #oring #amont)s car when it was parked in front of the firepl"g a co"ple of nights ago% ,r& ,ason co"ld 'ring her into yo"r store where yo")d see her cas"ally& +Then later on% when yo" get on the witness stand and identify her as the woman who got o"t of #amont)s car% ,r& ,ason co"ld smile fiendishly at yo" and say on cross-e!amination% 4Aren)t yo" mistaken1 Isn)t this the yo"ng woman who was in yo"r store with me when I was asking yo" a'o"t hi-fi e("ipment1) +.ow% 0enley% I don)t want yo" to get trapped& I don)t want yo" to speak "p "ntil yo")re certain& 0a e yo" e er seen this yo"ng woman 'efore1 Is this the woman who got o"t of #oring #amont)s car1,ason said% +And don)t let him conf"se yo"% 0enley& This is no way to make an identification& If this yo"ng woman is & & & + +She is:- 0enley interr"pted& Thats the woman I saw get o"t of the car& She was dressed a little differently '"t that)s the woman&+.ow 'e s"re& 2e a'sol"tely s"re%- #t& Tragg said& +I)m s"re that)s the woman&Tragg t"rned to ,ason with a smile& +Won)t yo" introd"ce me% ,ason1- he said& +Or perhaps there)s no need for yo" to do it& ,iss Arlene Ferris% I am #ie"tenant Tragg of 0omicide and I)d like to ask yo" a few ("estions a'o"t where yo" were on the night #oring #amont was m"rdered&,adge Elwood stepped 'ack with an e!clamation of dismay so well done that e en ,ason was fooled& 0er face act"ally seemed to go white to the lips& +Come% come% now%- Tragg said& +If yo")re innocent there)s nothing to 'e afraid of% and & & & + ,ason interr"pted& +I)m afraid yo" ha e made a slight mistake% #ie"-

tenant& ,iss Elwood% permit me to present #ie"tenant Tragg& #ie"tenant Tragg% this is ,adge Elwood% a secretary from Santa ,onica& She also happens to 'e interested in hi-fi e("ipment so I 'ro"ght her in here to listen to some of the latest e("ipment&Tragg)s oice s"ddenly was edged with sharp a"thority& +3o")re s"re1he asked 0enley& +I)m a'sol"tely certain% #ie"tenant& That)s the woman&+I tho"ght it wo"ld 'e%- Tragg said& +We)ll "nscram'le the names later& That)s ,ason for yo": 3o" can see the trap he was setting for yo"& 0e)d ha e asked yo" a ("estion or two% then walked o"t& 3o" are '"sy& There is no reason for yo" to remem'er two c"stomers who make a cas"al in("iry& +#ater on% when yo" identified this girl% ,ason wo"ld ha e con inced the *"ry yo"r s"'conscio"s had played a trick on yo"% that yo" remem'ered her as the girl who had 'een in here with him&+I see%- 0enley said& 0e leaned slightly forward% looking at ,adge Elwood& 0is forehead creased with a frown& Tragg said harshly% +3o") e raised hell if this isn)t the girl&+T"t-t"t% s"ch lang"age%- ,ason said reproachf"lly& +It)s the girl%- 0enley said at length& Tragg t"rned to 7erry ,ason& +We can dispense with yo"r company% Co"nselor& ,iss Elwood and I are going to take a little ride&+3o") e got a warrant1- ,ason asked& +I don)t need one%- Tragg said& +3o" need one in order to take her into c"stody and dispense with my company%- ,ason said& +If yo")re going to take a ride I)m going with yo"& 3o" can)t take ,iss Elwood away from me simply on yo"r say-so&+She has *"st 'een identified as & & & + +I ha e good ears%- ,ason said& +I heard the identification& I heard how positi e it was& 6"st remem'er that when we get to co"rt&+I don)t know what kind of a ra//le-da//le yo")re trying at the moment%- Tragg said% +'"t I)m going to find o"t& Come on% ,iss Elwood% yo")re coming with me&+And I)m coming along%- ,ason said& Tragg hesitated a moment% then yielded the point& +;ery well%- he said% +'"t yo")re not going to interfere in any way& 3o")re going to keep ("iet& I)m going to do the talking& If yo" try to conf"se the witness% I)m going to d"st off a few sections of the 7enal Code which yo" may ha e forgotten&-

,ason)s smile was "r'ane& +Come% come% #ie"tenant%- he said% +I ne er forget any of the sections of the 7enal Code& I can)t afford to&Tragg said to ,adge Elwood% +We)re going in a police car& Come on&0e led the way o"tside to where the police car with a dri er was waiting at the c"r'& Tragg held the rear door open for ,adge Elwood and the lawyer& ,ason% catching her eye% made a gest"re for silence& They entered the car& Tragg said something in a low oice to the dri er% and the car eased o"t into traffic% then p"rred into swift speed& The car eered off into a residential district of rather modest ho"ses& Tragg and the dri er held a low- oiced con ersation& Tragg indicated a street% the dri er t"rned to the left and stopped in front of a small '"ngalow& Tragg said% +3o" folks wait here&0e went to the ho"se% rang the 'ell and after the door was opened% went inside& 0e was in for a'o"t fi e min"tes% then came o"t accompanied 'y a man who walked with him to the a"tomo'ile& Tragg stood with his 'ack to the car% the man facing him& They said nothing for a few moments% then Tragg said% +We)ll try not to detain yo"& #ook at the other side&They walked aro"nd the a"tomo'ile& The man apparently was inspecting the police car& After a moment Tragg led the way 'ack into the ho"se& 0e was in there for another fi e min"tes% then came o"t and said to the dri er% +All right& Take them 'ack to the m"sic store&+,ay I ask what this is all a'o"t1- ,ason asked& +S"re yo" can ask%- Tragg said& +Will yo" tell me1+I)ll let yo" g"ess&,ason said% +I s"ppose this car was in an accident somewhere and yo" wanted the man to identify it&Tragg grinned& +Co"ld 'e&+Or perhaps the city is thinking of selling police cars as s"rpl"s and this man wants to '"y%- ,ason went on& +Co"ld 'e%- Tragg said in a tone of oice which didn)t in ite f"rther spec"lation or con ersation& They rode in silence 'ack to the m"sic store& +All right%- Tragg said% +this is where we picked yo" "p% this is where we let yo" o"t&-

+Thanks%- ,ason told him& +Any time we can 'e of ser ice% *"st let "s know5how did it happen yo" located me in that m"sic store% #ie"tenant1+I *"st happened to 'e in the neigh'orhood%- Tragg said% +and saw yo" in there% so I tho"ght I)d keep yo" from sa'otaging the 7eople)s case 'y p"tting 0enley in a spot where he)d 'e "lnera'le on cross-e!amination&+0e)s "lnera'le now%- ,ason said& +I)m not arg"ing%- Tragg said& +They pay me to in estigate cases% not to arg"e with lawyers& Come on% Frank% let)s go&The car mo ed away from the c"r'& +,r& ,ason%- ,adge Elwood said in a panic% +yo" can)t let them do that to me: This man in the m"sic store% he has no right to say that he saw me getting o"t of a car& I was in Santa ,onica and & & & + +Take it easy%- ,ason said% +take it easy& I think #ie"tenant Tragg didn)t seem too happy as he dro e off& #et)s see if we can find o"t the ca"se of his "nhappiness&+What are yo" going to do1- she asked& +Take a ride%- ,ason said& +Come on% let)s go&0e went to the parking lot% got o"t his car and started dri ing& +2"t this is the same way that the police officers went%- she said at length& +I know%- ,ason said& +3o")re going 'ack to that same ho"se1,ason nodded& +Why1+6"st to check "p%- ,ason said& She started to protest% then lapsed into silence& ,ason dro e the car 'ack to the '"ngalow% parked it% went "p to the ho"se and rang the 'ell& The same man who had walked o"t to look at the car answered the door% started to say something% then said% +3o")re the man who was o"t here with the police a short time ago1+That)s right%- ,ason told him& +I told the #ie"tenant all I know%- the man said& +I can)t 'e s"re It looks something like the girl% '"t I can)t 'e s"re it)s the same one& A man was o"t here with a pict"re& 0e asked me if I co"ld identify the pict"re& I told him I co"ldn)t& I think the girl with the police was the one whose pict"re I saw& +I only had a ("ick glimpse as #oring #amont dro e his car o"t of the parking lot& There was a girl with him& I)m not certain this is the one&-

+Thank yo" ery m"ch%- ,ason said& +I)m sorry I 'othered yo"&+.ot at all& The police woke me "p early this morning& I can)t go 'ack to sleep& I)d like to help% '"t I)m not going to say I)m s"re if I)m not s"re% and that)s that&+I know e!actly how yo" feel%- ,ason told him% +and I respect yo"r feelings& What)s yo"r name again1+Tom Grimes&+Thanks a lot%- ,ason said% shaking hands& +I)ll try not to 'other yo" again&0e walked 'ack to the car& +.ow% let)s not mis"nderstand each other%- he said to ,adge Elwood& +3o")re willing to do anything yo" can to help Arlene1+That)s right&+I)m going to mi! yo" "p in this thing%- ,ason said& +0ow deep1- she asked apprehensi ely& +.ot so deep that yo" can)t get o"t%- ,ason told her& +They)re going to drop yo" like a hot potato '"t I want to 'e s"re they get their fingers pretty 'adly '"rned 'efore they do it& All right with yo"1+Anything yo" say is all right with me% ,r& ,ason& The main thing I want to do is to help Arlene& I)ll & & & I)ll do anything5a'sol"tely anything to help her&+All right%- ,ason said& +I)ll take yo" 'ack to the parking lot& Get yo"r car and dri e to yo"r apartment& .ewspaper reporters will 'e there shortly after yo" arri e& Go home now and fi! yo"rself "p for the photographers& I want yo" to take good pict"res&+Cheesecake1- she asked& +Within moderate limits%- ,ason said& +9on)t let them o erdo it&-

Chapter Eight
,ason ret"rned to his office to find 7a"l 9rake waiting for him& +The police ha e picked "p Arlene Ferris%- 9rake said& +Where did they find her1- ,ason asked& +9own at Santa ,onica% in the apartment of a friend&+0ow did they get the lead1- ,ason asked& +What started them down there searching for her1+I don)t know& They pro'a'ly started checking on all of her friends&,ason said to 9ella Street% +Get me 0amilton 2"rger on the phone&

I)d like to talk with him personally% '"t if I can)t do that I)ll talk with his chief dep"ty&+Going right to the top% eh1- 9rake asked& +Going right to the top%- ,ason said& 0e watched while 9ella Street relayed the call thro"gh the switch'oard in the o"ter office% then% after a moment when she nodded and said% +The district attorney is coming on the phone%- ,ason took the phone& +0ello% 2"rger%- ,ason said& 0amilton 2"rger)s oice was ca"tio"s& +0ello% ,r& ,ason% what can I do for yo"1+The police are picking "p one of my clients% an Arlene Ferris&+3es%- 0amilton 2"rger said& +They want to ("estion her in con-nectioii with the m"rder of #oring #amont&+All right%- ,ason said& +She)s my client& If yo" ("estion her I want to 'e there&+I ha e no intention of ("estioning her& Someone in my office may 'e present% '"t the police will pro'a'ly cond"ct the interrogation&+That)s *"st dandy%- ,ason said& +.ow% as soon as she)s 'ro"ght in I want to ha e it "nderstood that I talk with her&2"rger said% +Well% don)t complain to me a'o"t it% ,ason& Take it "p with the police& 3o" know how they work as well as I do& They) e pro'a'ly ("estioned her at some length% and 'y the time they 'ring her in and 'ook her the ("estioning will ha e 'een completed&,ason said% +A word from yo"r office to the police might sa e "s 'oth a lot of tro"'le& I want to ha e the pri ilege of isiting her as her attorney as soon as she is 'ro"ght into detention% whether she)s 'ooked or not&+Well% why not take it "p with the police1+I)m taking it "p with yo"%- ,ason said& +With yo"r assistance% I can do it the easy way& Witho"t yo"r assistance I)ll ha e to do it the hard way&+What)s the hard way1- 2"rger asked& +0a'eas corp"s%- ,ason said& +That will p"t "s 'oth to a 'it of tro"'le&0amilton 2"rger tho"ght for a moment% then said% +I)m ("ite certain yo" won)t ha e any tro"'le isiting her as soon as she)s 'ro"ght in5 pro ided% of co"rse% yo" are her attorney&+I)m her attorney&+All right& #et me ask yo" a co"ple of ("estions& I happen to know something a'o"t this case personally& When she heard #oring #amont

had 'een m"rdered why didn)t she come to the police and say that she had 'een o"t with #amont at the scene of the m"rder the night that it occ"rred5that is% of co"rse% ass"ming that she)s innocent1+Well%- ,ason said% +that 'rings "p a nice ("estion& When did she learn that he had 'een m"rdered1+3o")re asking me ("estions in answer to my ("estions%- 2"rger said& +I don)t know any other way to handle the sit"ation&2"rger said% +I)ll tell yo" this m"ch frankly% ,ason& If she)s innocent we don)t want to drag her thro"gh a lot of p"'licity& If she)s g"ilty% nat"rally we want to prosec"te her5"nless% of co"rse% yo")d like to consider entering a g"ilty plea& And if it was self-defense% she)d 'etter come o"t and say so right now&,ason said% +I)ll disc"ss the matter with my client&+3o") e already disc"ssed it with her pro'a'ly half a do/en times%2"rger said& +3o" might 'e s"rprised%- ,ason told him& +All right% all right%- 2"rger said testily& +3o" won)t need to file a ha'eas corp"s% yo" get to talk with her as soon as she)s 'ro"ght in& 2"t I don)t think the police are going to 'ring her in "ntil after they) e asked her a lot of ("estions&+@"ite all right with me%- ,ason said& +I take it yo")re personally familiar with the details of the case1+I)m getting familiar with them& The #amont family is rather prominent& This is hardly a r"n-of-the-mill m"rder case&+Okay%- ,ason told him% +I)ll rely on yo"r promise to fi! things "p so I can see my client as soon as she)s 'ro"ght in& Thanks a lot&,ason h"ng "p% t"rned to 7a"l 9rake& +<now anything else% 7a"l1+This m"ch%- 9rake said& +#oring #amont went o"t to that lodge& 0e had a yo"ng woman with him& They cooked ham and eggs and a plate of hot 'isc"its% and then sat down and ate& #amont was killed within a matter of min"tes after the meal&+2oth of them ate1- ,ason asked& +2oth of them ate&,ason frowned tho"ghtf"lly& +What ha e yo" fo"nd o"t a'o"t that place o"t there% 7a"l1+Well% it)s maintained 'y the company as a place of entertainment&+Any caretaker or any'ody in charge1+3es& There)s a woman who li es a'o"t fi e miles down the road% who keeps the place clean&-

+What)s her name1+Sadie $ichmond% a widow&+What else1+The place is completely s"rro"nded 'y a wo en-mesh% hea y-wire fence% ten feet high% with strings of 'ar'ed wire across the top& 3o" either get in thro"gh the gate or yo" don)t get in at all& The gate is kept locked& They)re ery caref"l to keep it locked at all times 'eca"se there)s a swimming pool there and they don)t want to 'e responsi'le for any'ody who might 'l"nder into the swimming pool and get drowned&+There)s no way a person co"ld dri e in e!cept along that road thro"gh the gate1+That)s right&+.o 'ack gate% no 'ack entrance to the property1+.othing&+What a'o"t Sadie $ichmond1+She goes in e ery day% "s"ally 'etween ten o)clock and noon& She straightens the place "p& Sometimes people will 'e o"t there and lea e dirty glasses% dirty dishes and generally mess the place "p& She keeps it clean& +There are a co"ple of 'edrooms in the place and sometimes e!ec"ti es of the company or their friends will sleep o"t there& Sadie keeps the 'eds changed with fresh linen& A man comes in% in the afternoons% and keeps the yard in condition& A pool company ser ices the swimming pool% and their representati e has a key to the gate& It)s a heated swimming pool with a thermostat and it)s kept at an e en temperat"re all year ro"nd&,ason glanced at his watch& +0ow long ago did the police pick "p Arlene Ferris% 7a"l1+I can)t tell for certain% '"t it m"st ha e 'een nearly an ho"r&,ason frowned& +They e idently got there soon after ,adge Elwood left the apartment& Come on% 7a"l% we)re going to take a r"n o"t and look the property o er5the scene of the crime&+We can)t get in%- 9rake said& +What)ll yo" 'et1- ,ason asked& +.ow% wait a min"te% 7erry% let)s not try anything that)s going to make tro"'le&+The police are finished o"t there1+The police ha e finished% the newspaper reporters ha e 'een admitted and gi en an opport"nity to take photographs% and now the place is closed "p tight as a dr"m&-

+That s"its me fine%- ,ason said& +#et)s go h"nt "p Sadie $ichmond& 3o" ha e her address19rake nodded& +Okay%- ,ason said& +#et)s go&+Want me1- 9ella Street asked& ,ason hesitated a moment% then nodded his head& +Come on%- he said% +a woman)s eye may detect certain things that wo"ld escape a man&+What are yo" looking for1- 7a"l 9rake asked& +If I knew%- ,ason told him% +I wo"ldn)t ha e to go o"t& Come on% let)s go&The three of them went down to the parking lot% got in ,ason)s car% dro e o"t along the freeway% then t"rned off at the point 9rake designated& After a short distance they t"rned from the pa ement to a dirt road& +Sadie $ichmond li es along in here%- 9rake said& ,ason slowed the car& +This is the place& T"rn in here%- 9rake said& ,ason t"rned in to a neat little '"ngalow% stopped the car% said% +.ow let)s see if we get this straight% 7a"l& 3o" can)t get in witho"t a key1+That)s right&+2"t there are se eral keys5the e!ec"ti es of the company ha e them% Sadie $ichmond has one% the swimming-pool people ha e one% the man who takes care of the place has one&+That)s right&+What)s his name1+Otto <eswick&+Where does he li e1+A'o"t half a mile "p the road here&+All right%- ,ason said& +#et)s go see Sadie $ichmond&They left the car% walked "p the steps of the '"ngalow and ,ason rang the 'ell& The woman who came to the door was in her early thirties% a rather large woman% '"t a woman who carried no e!tra weight and mo ed with lithe grace& She had a well-modeled fig"re& ,ason introd"ced himself& +I)m interested in the #oring #amont case%- he said& +Who isn)t1- Sadie $ichmond asked% with a ghost of a smile& +0a e yo" 'een in the place this morning to clean "p1+The police don)t want it cleaned "p% not for a while&+0a e yo" 'een o"t there this morning1-

+.o% I ha en)t 'een o"t there yet& 7olice asked me to wait "ntil they telephoned that it was all right to go in& They remo ed ("ite a few articles% I "nderstand&+3o" ha en)t 'een notified yet1+3es% they notified me a'o"t half an ho"r ago and said it was all right% that they were finished with the place&+So yo")re going in to clean "p1+That)s right&+0ow wo"ld yo" like some help1- ,ason asked& She smiled and shook her head& ,ason opened his wallet% took o"t a twenty-dollar 'ill& Sadie $ichmond looked at the 'ill& 0er face 'ecame wooden& She said nothing& ,ason took o"t a second twenty-dollar 'ill% then another and another& 0e smoothed them o"t% then folded them and folded them once more% making them into a compact packet& +We wo"ldn)t get in the way at all%- he promised& Sadie $ichmond smiled and shook her head& ,ason said% +#ook here% a yo"ng woman is acc"sed of that m"rder& I)m representing her& The police are finished with the place& There)s no more e idence o"t there& I)d like to get familiar with the place so I can represent this yo"ng woman intelligently& +I don)t know how m"ch yo" know a'o"t #oring #amont)s personal life% '"t this yo"ng woman was l"red o"t there and & & & and now she)s charged with m"rder& I)m representing her& I want to see the place& I can get a co"rt order letting me in% '"t that)s going to take time& ,y time is worth money&0e handed Sadie $ichmond the eighty dollars& She hesitated a moment% then closed her hand o er the money& +I don)t know a'o"t what happened the night of the m"rder%- she said dryly% +'"t I) e seen things sometimes when I was cleaning "p that & & & well & & & + +3es1- ,ason asked% as she hesitated& +I)m not saying anything%- she said& +.othing1- ,ason asked& +.othing& 2"t yo" can come along& I g"ess there)s no law against that% is there1,ason said% +I told yo" I tho"ght I co"ld get a co"rt order to let me in if I had to&+3o" wo"ldn)t need to tell anyone that I let yo" in&-

+I)m the so"l of discretion%- ,ason said& +All right%- Sadie $ichmond said& +I)ll go in my car% yo" go in yo"rs& I)ll go first and "nlock the gate& I g"ess I) e got a lot of work to do o"t there this morning&+9irty dishes1- ,ason asked& +The police took the dishes&+All of them1+All of the dirty ones&+Well%- ,ason told her% +that)ll simplify the *o'& All right% we)ll get in o"r car and dri e o"t to the road& 3o" go right ahead and we)ll follow&Sadie $ichmond% dri ing a rather 'eaten-"p% old-model car% came o"t of the dri eway% t"rned into the dirt road and sent her car into speed& The roadway had now dried o"t s"fficiently so that there was a faint trace of d"st 'ehind the wheels% and ,ason% following closely% had fine particles of dirt thrown "p against his car 'y the speeding rear wheels& 9rake said dryly% +I g"ess they don)t pay her portal-to-portal& She 'elie es in getting on the *o' once she starts & & & my gosh% 7erry% that woman dri es like the de il&,ason% concentrating on his dri ing to keep reasona'ly close to the car ahead% grinned and said nothing& At length the woman 'raked her car to a stop% *"mped o"t and "nlocked the 'ig padlock% left the chain dangling on the gate% threw the gate open and dro e thro"gh& ,ason followed% stopped his car 'ehind hers& She *"mped o"t% closed the gate and locked it& +We)re s"pposed to keep it locked5always%- she said& +3o" ha e good 'rakes on that car%- 9rake o'ser ed& She looked at him 'lankly& +Otherwise yo")d ha e wo"nd "p in the swimming pool&There was no e!pression on her face& +We)re not allowed to tise the swimming pool%- she said& She got in her car and sw"ng aro"nd the dri eway to stop at the 'ack of the ho"se& +That% for yo" and yo"r wisecracks%- 9ella Street said% la"ghing& +.ow there)s a woman for yo"%- 9rake said& +She looks innocent eno"gh on the s"rface% '"t5well% I)d hate to sit in a poker game with her&+She might take the pot with a pair of de"ces%- ,ason said% as he emerged from the car and walked aro"nd to open the door for 9ella Street&

9ella slid to the gro"nd with a ("ick flash of shapely legs& +Want me to 'ring a 'ook1- she asked& +I don)t think so%- ,ason said& +6"st a small note'ook&+I ha e one in my p"rse& There are some 'ig note'ooks in the glo e compartment&+The small one will 'e all right%- ,ason said& They followed Sadie $ichmond into the ho"se& +Well% here it is%- she said& ,ason looked aro"nd at the s"mpt"o"s r"stic f"rnishings% the .a aho r"gs% the kitchen with its electric sto e% gar'age disposal% dishwashing machine% the array of copper-'ottomed pots and pans hanging a'o e the sto e& +Fi!ed "p for cooking%- he o'ser ed& +Occasionally they ha e 'ar'ec"es o"t here& ,r& 6& 7& #oring is a ery fine cook& When they ha e 'ar'ec"es they ha e me o"t here to ser e and wash the dishes&+A walk-in ice'o!1- ,ason asked& +.o% *"st that one refrigerator there& They 'ring o"t steaks when they)re ha ing a 'ar'ec"e& They don)t keep m"ch here e!cept some ham and a lot of eggs& Occasionally they ha e a few po"nds of 'acon& They want it so if they get st"ck o"t here on some kind of a conference they can fi! themsel es "p a snack& 2"t they don)t go in for cooking o"t here e!cept when they ha e the 'ar'ec"es& Then they 'ring o"t all the food&+,r& #amont is a good cook1- ,ason asked& She sighed and said% +#ike all men cooks% he can dirty more damn dishes than any'ody yo" e er saw&9ella Street la"ghed& ,ason looked at the chalked o"tline on the floor and the sinister reddish tinge& +I take it this is where the 'ody was&+I g"ess that)s right%- she said& +They told me to clean it "p& I don)t know whether old 6&7& intends to gi e me a 'on"s or not% '"t my *o' certainly isn)t s"pposed to incl"de cleaning "p the 'lood from dead 'odies&+I take it yo") e worked on parties gi en 'y #oring #amont%- ,ason said& $is parties were *"st for two%- she said% and t"rned a'r"ptly away& ,ason nodded to 7a"l 9rake& They started looking thro"gh the ho"se% and when Sadie $ichmond made no o'*ection% 'egan opening and closing drawers% looking in closets&

+.o clothes o"t here1- ,ason asked& +.o& 6& 7& #amont keeps some co eralls that he "ses when he)s p"tting on a 'ar'ec"e% and there are a co"ple of cook aprons "p there on the shelf% '"t they don)t keep any clothes o"t here e!cept playclothes5shorts% swims"its% things like that& 9own 'y the pool they ha e a few dressing rooms where they keep a s"pply of swim-s"its for g"ests&,ason mo ed o er to a writing desk& +Why the writing desk1- he asked& +I don)t know%- she said& +It)s always 'een here&+Any'ody e er "se it1I "se it& +What for1+I keep my 'ills in there% things that I pay o"t for r"nning the ho"se5 la"ndry 'ills and things of that sort&,ason opened the desk% the door of which sw"ng down to make a writing shelf% and looked cas"ally thro"gh the pigeonholes& +0ello%- he said& +What)s this1,rs& $ichmond looked o er ,ason)s sho"lder& +A check'ook%- she said& +3o"rs1+0ea ens% no& I don)t "se a check'ook&,ason said% +There are only fo"r or fi e checks "sed o"t of it It)s on the California Second .ational&,ason looked at the check st"'s& +One a week ago to an a"tomo'ile agency for se enty-eight dollars and fifty cents& One to the Endicott Arms 0olding Corporation for si! h"ndred and twenty-fi e dollars& One for fi e h"ndred to Or al <ingman& That was dated & & & that was dated on the day of the m"rder& 0ere)s another one for fi e h"ndred5the last one in the 'ook& The st"' says simply 4O&<&),ason looked at the fig"res on the side of the st"'& +There)s a 'alance of twenty-fi e h"ndred se enteen dollars and thirty cents&+Where was it1- ,rs& $ichmond asked& +In this pigeonhole% with all these papers%- ,ason said% spreading o"t some receipted 'ills and some 'ills which hadn)t 'een receiptedC one from the company which ser iced the pool marked +O&<&%- another from the la"ndry marked +O&<&+What are these1+2ills that are to 'e picked "p and paid%- she said& +Whene er anyone comes o"t here they pick "p the 'ills&-

+And the O&<&1- ,ason asked& +That)s what I p"t on them when they)re to 'e paid&+What a'o"t this check st"'1- ,ason asked& +9id yo" p"t the O&<& on there1She shook her head and said% +I wo"ldn)t okay check st"'s& Why wo"ld I1+That%- ,ason said% +is a fair ("estion&+What do yo" mean 'y that1+I was *"st wondering why yo" wo"ld okay it&+Well% then% why did yo" ask1+Simply 'eca"se yo" had marked 4O&<&) on 'ills and I wanted to see if yo" had p"t the 4O&<&) on this&+Well% I told yo"%- she said& And then s"ddenly% with her manner changing% said% +3o" wanted to get in here in order to see the premises& 3o") e seen them5nothing was said a'o"t yo" going aro"nd opening drawers and desks and looking at papers&+We)d like to look aro"nd%- ,ason said% +*"st to familiari/e o"rsel es with & & & + +Well% yo") e done it now& 3o")re ac("ainted with what the place looks like&,ason said s"a ely% +As I "nderstand it% #oring #amont was sta''ed with a '"tcher knife& I wonder if yo" co"ld tell "s where that knife came from% if there)s one short here in the kitchen% > or & & & +I co"ldn)t tell yo" a thing%- she said& +3o" wanted to get in and yo") e got in& The more I think of it% the more I think it might 'e worth my *o' if anyone knew a'o"t this& Come on% yo")re going o"t&She marched determinedly toward the door& As she had her 'ack t"rned% ,ason slipped the check'ook into his inside coat pocket& +All right%- he said% +if yo" feel it might *eopardi/e yo"r *o'% we certainly don)t want to do that&+I)ll let yo" o"t the gate%- she said% +and lock the gate 'ehind yo" when yo" go o"t& I don)t think ,r& #amont wo"ld like the idea of me letting yo" in here & & & in fact% I know he wo"ldn)t&She marched o"t thro"gh the door% left her car where it was% walked down to the gate% took o"t a key% "nlocked the 'ig padlock% sw"ng the gate 'ack and stood waiting& +Well%- ,ason said% as they got in the car% +there seems to ha e 'een an a'r"pt change in her manner&-

+The so"l of cordiality% isn)t she%- 9rake said& +3o" can)t 'lame her%- 9ella Street said& +7ersonally% I think yo" swept her off her feet with that eighty dollars and she decided to take a chance& 2"t the more she thinks of it% the more she reali/es she can get into tro"'le% and & & & + ,ason started the car& +It was that check'ook that changed her manner%- he said& +S"re%- 9ella Street told him& +She s"ddenly reali/ed that yo" were "nco ering e idence and that yo" might "se it% and then people wo"ld want to know how yo" happened to know a'o"t it& +Where)s my camera1- ,ason asked& +The little EH mm& is in the glo e compartment&+We) e got an ad*"stment on there for close"ps1+There)s one in the case%- 9ella Street said& +9o yo" want it1+,ay'e we)d 'etter ha e it%- ,ason said& 9ella Street opened the glo e compartment% took o"t the camera& ,ason held the check'ook "p in the s"n& +7"t on the close"p attachment% 9ella& We can take a pict"re at a h"ndredth of a second% and & & & *"st 'e s"re it)s in foc"s&9ella Street ad*"sted the camera& +Come on% come on% h"rry "p%- Sadie $ichmond called from the gate& +I can)t stay here all day&,ason held the check'ook in the s"nlight& 9ella Street% holding the camera only a few inches from the check'ook% snapped one pict"re after another as ,ason t"rned the check st"'s& +Got it1- ,ason asked& +Got it%- 9ella Street said& A'r"ptly Sadie $ichmond left her position at the gate and came striding toward them& +.ow look%- she said% +I told yo" to get o"t& I don)t want anyone to catch yo" here& 3o") e 'een here long eno"gh&,ason said% +We appreciate yo"r position% ,rs& $ichmond& 0ere% incidentally% is the check'ook% which I held onto 'eca"se I wanted to st"dy it& 3o")d 'etter p"t it 'ack in the desk where it was&+3o" didn)t ha e any right to take that&+We didn)t take it%- ,ason said& +.ow% may I s"ggest% ,rs& $ichmond% that yo" call this check'ook to the attention of the police& I think it)s e idence&+E idence of what1-

+I don)t know&+.either do I%- Sadie $ichmond said% literally snatching the check'ook o"t of ,ason)s hand& +.ow% will yo" please get going&,ason raised his hat& +Thank yo" ery m"ch%- he said& +9on)t mention it%- she snapped& The lawyer started the car and they dro e o"t& 2ehind him% Sadie $ichmond sw"ng the gate sh"t and clicked the padlock into place& +.ow% 7a"l%- ,ason said% +it)s "p to yo" to find o"t whether that check'ook was the property of #oring #amont and who Or al <ingman is&+3o" think it)s his check'ook1- 9rake asked& +The way she acted% it looked as tho"gh she might ha e something to do with it& It might 'e that she)s got an acco"nt she doesn)t want anyone to know a'o"t&+It co"ld 'e%- ,ason said% +'"t whoe er wrote that last check wrote it after the check to Or al <ingman% dated the day of the m"rder% was written& The check may well ha e 'een paya'le to cash and5well% it)s a strange thing that Sadie $ichmond p"ts 4O&<&) on the 'ills that are to 'e paid and that someone p"t 4O&<&) on the st"' of a check made for fi e h"ndred dollars& If that check'ook sho"ld t"rn o"t to 'e #oring #amont)s check'ook it)s a al"a'le piece of e idence&+0ow come1- 9rake asked& +7erhaps he keeps it there in the desk and & & & + +0e co"ldn)t% 7a"l5that is% I don)t think he did& It was taken from his pocket& The checks were checks that had 'een made o er a period of fo"r or fi e days and incl"ded a check for a garage 'ill and apparently a check for the rent on his apartment& .ow% he wo"ldn)t ha e kept his check'ook in the desk o"t there in that r"stic retreat and dri en o"t there in order to ha e picked "p the check'ook% written the check to the car agency that ser iced his car% then written a check for his apartment rental&+S"ppose it)s some'ody else)s check'ook&+Then%- ,ason said% +it)s the check'ook of someone who li es in the Endicott Arms Apartments&+Well% anyhow%- 9ella Street said% +we) e got a cl"e&+To what1- 9rake asked& +That%- ,ason said% +is the thing which interests me& 3o" get to work on that% 7a"l& I)m going to talk with my client and see if she can gi e "s any information that will 'e of any help&-

Chapter .ine
,ason sat in the conference room reser ed for attorneys and regarded Arlene Ferris tho"ghtf"lly& +.ow yo") e told me e erything1- he asked& +E ery single 'lessed thing%- she said& ,ason said% +They)re filing charges against yo"& They seem to 'e ery confident& I)m satisfied they ha e some hidden e idence that I don)t know anything a'o"t&+Well% I don)t know what it co"ld 'e& I didn)t kill him% I know that&And then% after a moment% she said sa agely% +Sometimes I wish I had& If I)d got hold of that knife I & & & + +T"t-t"t%- ,ason interr"pted& +.one of that& .ow% yo" did tell yo"r story to the police1+I did& I pro'a'ly sho"ldn)t ha e% '"t this #ie"tenant Tragg of 0omicide was so nice and fatherly% and he seemed5well% it seemed as tho"gh he really didn)t want to take me into c"stody& 0e wanted me to e!plain% if I co"ld&+3es% I know%- ,ason said& +That)s part of the police techni("e& And yo" told him1+I told him&+E erything1+E erything&,ason frowned tho"ghtf"lly& +.ow look%- he said% +we)ll 'e in co"rt within a few days on a preliminary hearing& The p"rpose of that hearing is to find o"t if there)s s"fficient ca"se to hold yo" on a criminal charge& 2"t we ha e the right to ask ("estions and we ha e the right to call witnesses& It "s"ally doesn)t do any good to call witnesses% '"t it does gi e "s an opport"nity to si/e "p the prosec"tion)s case& +There are certain things that we know happened& #oring #amont m"st ha e walked 'ack to the ca'in% and he m"st ha e eaten the ham and eggs almost immediately&+Why do yo" say almost immediately1+2eca"se%- ,ason said% +cold ham and eggs wo"ldn)t 'e ery palata'le& .ow% yo")re certain there were two plates of ham and eggs1+3es& I had *"st placed the eggs on the plates&+Then someone was there to eat that other plate of ham and eggs and some of the 'isc"its%- ,ason said& +.ow% that someone m"st ha e 'een there within a matter of min"tes of the time yo" left5how many cars did

yo" meet on the road1+.ot a one% not "ntil after I had left the gra eled road and got to the highway&+Think caref"lly%- ,ason said& +Are yo" s"re1 There m"st ha e 'een some car that came along and & & & + She shook her head ehemently& +.o% I know there wasn)t any other car&,ason frowned tho"ghtf"lly& After a moment% he said% +.ow% as yo" tell the story% there was a remarka'le change in his tactics after he got that last telephone call& 0e was playing it for a long% co/y e ening prior to that time% then s"ddenly he got ro"gh&+I)ll say he did:+Something in that con ersation changed his entire plan of operation%,ason said& +0e knew he had to speed "p his approach& Someone was coming& Was there any cl"e as to who it was1She shook her head& +I didn)t pay too m"ch attention to the con ersation& 0e wasn)t doing m"ch talking5at least "ntil after he left the one telephone and went 'ack to the e!tension line&+0e was doing some talking% all right%- ,ason said& +The fact that he went to the e!tension line indicates that he was going to say something that he didn)t want yo" to hear& What did he say when he picked "p the telephone1 Wasn)t there anything that wo"ld gi e yo" a cl"e as to the person he was talking with1She shook her head& +.o names1+I)m ("ite s"re he didn)t mention any names&+3o" don)t know whether it was a man or a woman from the nat"re of the con ersation% from what he said1+.o% I don)t & & & he seemed to 'e agreeing with this person% tho"gh& It wasn)t anyone he was arg"ing with&+What makes yo" say that1+Well% he kept saying% 4All right% all right&)+Was that what he said% 4All right1)+3es% and I remem'er he kept saying% 4Okay&) 0e said something a'o"t & & & + ,ason came 'olt "pright& +Wait a min"te:- he snapped& +Try and remem'er *"st what he said a'o"t okay&+Well% he said% 40ello%) and then he said% 40i&) 3o" know% the way yo" wo"ld talk to someone yo" knew intimately% and then he said something

a'o"t okay% and I think he said% 4All right%) or something& I *"st can)t remem'er% ,r& ,ason% '"t I do remem'er he said% 4Okay%) and I think at one time he said% 4All right% okay&) I remem'er it so"nded *"st a little strange for him to agree twice&+Then okay co"ld ha e 'een his nickname for the person he was talking with%- ,ason said e!citedly& +Someone whose initials were O&<&+3es% that co"ld ha e 'een the case% all right& That wo"ld ha e acco"nted for it&+All right%- ,ason said& +9on)t say anything a'o"t this to anyone& <eep a stiff "pper lip and we)ll do the 'est we can& 3o") e done yo"r talking& 9on)t talk any more and don)t tell anyone a'o"t this telephone con ersation% a'o"t this O&<& 6"st keep ("iet from now on&,ason got to his feet& +I wish I co"ld ha e remem'ered a little more% ,r& ,ason& I & & & well% I ha e always 'een trained not to listen in on other people)s con ersations 5yo" know how it is& I *"st & & & well% I pro'a'ly wo"ldn)t ha e noticed it at all if it hadn)t 'een for the fact that the food was hot and I & & & I was pro"d of those 'isc"its and I wanted him to eat them while they were hot& 2isc"its can get soggy rather ("ickly% and & & & + +I know%- ,ason said& +9on)t worry a'o"t it& I)ll do the worrying from now on& I pro'a'ly won)t see yo" again "ntil after yo")re 'ro"ght into co"rt& 6"st sit tight and keep a stiff "pper lip&,ason left the isiting room and h"rried to his office& +Anything new1- 9ella Street asked& +#ots%- ,ason said& +I want to find o"t a'o"t Or al <ingman& 0a e we heard anything from 7a"l1+.ot yet& 0e said & & & here he is now%- she said% as 9rake)s code knock so"nded on the locked e!it door of ,ason)s office& +All aright% 7a"l%- ,ason said% as 9ella opened the door% +I) e got something for yo"& This check that was made to 4O&<&) may 'e damned important& O&<& may not mean what we think it means& It may 'e the initials of the person to whom the check was paya'le& .ow% there)s one check to Or al <ingman and & & & + +I) e got the dope on Or al <ingman%- 9rake said& +0e)s a 'ookie&,ason raised his eye'rows& +A high-class 'ookie%- 9rake said% +and I wo"ldn)t 'e too s"rprised if #oring #amont didn)t gi e him ("ite a 'it of '"siness&+.ow that%- ,ason said tho"ghtf"lly% +wo"ld acco"nt for a lot of things&-

+Wait a min"te%- 9ella Street said% opening her note'ook& +We) e got one more O&<&+What do yo" mean1- ,ason asked& +Otto <eswick% the gardener who takes care of the yard&,ason 'ecame s"ddenly tho"ghtf"l& +9arned if we ha en)t%- he said& +What do yo" know a'o"t Otto <eswick% 9rake1 0a e yo" fo"nd anything on him1+I ha e a report on him%- 9rake said& +I ha en)t met him& I can tell yo" one thing a'o"t him5he)s a parolee&+The de il:- ,ason said& +What was he in for1+2lackmail%- 9rake said& ,ason t"rned to 9ella Street& +Get those films of the check'ook de eloped right away% and & & & + +They)re already 'eing de eloped%- she said& +I) e left word for enlargements and I ha e an appointment with a handwriting e!pert who will perhaps 'e a'le to tell whether the O&<& is in the handwriting of #oring #amont&+What are the chances1- ,ason asked& +7retty good%- she said% +if we ha e any other O&<& written 'y #oring #amont to "se as an e!emplar& Otherwise% the chances aren)t ("ite so good& 0e can pro'a'ly tell whether the other writing on the check st"'s was written 'y #oring #amont% '"t *"st two letters that way are going to 'e pretty diffic"lt "nless we ha e some other places where #oring #amont has written O&<&,ason nodded% said% +And we can pro'a'ly prod"ce some 'ills with an O&<& written 'y Sadie $ichmond and see if she wrote that O&<& on the check st"'& 0owe er% if it)s #oring #amont)s check'ook% the chances are a h"ndred to one it)s #oring #amont)s writ-ing&,ason was tho"ghtf"l for a moment% then said% +7a"l% get in to"ch with the tellers at the 'ank on which that check was drawn& I want to find o"t who presents that fi e-h"ndred-dollar check to 'e cashed&+They won)t pay it1+.ot "nless it was paid 'efore 'anking ho"rs on the night #oring #amont was killed& They won)t cash any checks after a man is dead5'"t% of co"rse% the check could ha e 'een presented and cashed the morning of the ne!t day& As I "nderstand it% they didn)t find #amont)s 'ody "ntil after noon& Get '"sy there at the 'ank& If someone showed "p with the fi eh"ndred-dollar check and they t"rned it down 'eca"se #oring #amont was dead% they)ll remem'er the occasion and remem'er the person& If the

check was cashed in the morning 'efore they were notified of #oring #amont)s death% the canceled check will 'e in #amont)s acco"nt&9rake nodded& +I)ll get on it right away% 7erry&+And in the meantime%- ,ason said% +pro'a'ly 'efore we get all this information% we)ll ha e a chance to go into co"rt and ("estion the witnesses for the prosec"tion& At least we)ll find o"t what they know a'o"t it and what hole card 0amilton 2"rger% the district attorney% is holding&+3o" think he has an ace in the hole1- 9rake asked& +0e has something%- ,ason said& +0e)s altogether too confident and he)s mo ing altogether too rapidly& There)s some 'it of e idence in the case that we don)t know a'o"t% and yo" can 'e pretty certain it)s e idence that isn)t going to do Arlene Ferris any good&9rake said% +3o" know% 7erry% my idea is that her 'est 'et is to show that she was deli'erately enticed o"t there% to "se that distri'"tor part to show that the whole thing was deli'erately planned 'y #oring #amont% and then claim self-defense and & & & + +Self-defense with a knife wo"nd in the 'ack1- ,ason asked& +Oh-oh% I st"''ed my toe on that one 'efore5- 9rake said& +The tro"'le is%- ,ason told him% +that she)s already told her story&+She co"ld change it%- 9rake pointed o"t% +partic"larly if she said that she didn)t tell the whole tr"th 'eca"se some of the details wo"ld 'e em'arrassing&,ason)s face was granite hard& +Whene er she tells her story on the witness stand% 7a"l% it)ll 'e the tr"th& It won)t 'e the story that)s the most e!pedient& I think that the tr"th is not only the most powerf"l weapon% '"t as far as I)m concerned it)s the only weapon&+0a e it yo"r way%- 9rake said% +'"t she could show a little cheesecake and 'ree/e thro"gh this case in a walk if she told a story of enticement and "sed that part from the distri'"tor to 'ack "p her claim&+9on)t worry%- ,ason said% +we)ll "se that part from the distri'"tor&+2"t it won)t ha e a real kick "nless5well% yo" know% a girl fighting for her honor and all that&+I know%- ,ason said% + '"t also don)t forget that she told the police they left the ham and eggs "nto"ched and the a"topsy shows that #oring #amont was killed within a matter of min"tes after he had eaten those ham and eggs&9rake hea ed a long sigh& +9amn it%- he said% +someone is always taking the *oy o"t of life&-

Chapter Ten
9onald Enders Carson% a yo"ng% aggressi e trial dep"ty of the district attorney)s office% said% +If the Co"rt please% this is the preliminary hearing of the 7eople of the State of California against Arlene Ferris& The 7eople are ready& The defendant% represented 'y 7erry ,ason% is in co"rt% and this is the time heretofore fi!ed for the preliminary hearing&+The defendant is ready%- 7erry ,ason said& +Call yo"r first witness%6"dge Carleton 2ayton said to the prosec"ting attorney& +9r& 0armon C& 9raper% the a"topsy s"rgeon% will 'e my first witness%- Carson said& 9raper came forward% was sworn% ("alified himself% and testified that he had e!amined the 'ody of #oring #amont% that death had 'een ca"sed 'y a sta' wo"nd in the 'ack with a knife which still protr"ded from the 'ack at the time the 'ody was deli ered to the a"topsy room? that he co"ld not definitely fi! the time of death with reference to the ho"r of the day% '"t he co"ld definitely fi! death as ha ing occ"rred within a ery few min"tes of the time a meal consisting of ham and eggs had 'een ingested% pro'a'ly within m"ch less than twenty min"tes of the time of the meal% certainly no more than twenty min"tes& That death might ha e taken place at any time after se en or 'efore midnight on the e ening of the fifth of the month% '"t was within twenty min"tes of the time the food had 'een ingested% pro'a'ly within fi e to ten min"tes of the time the decedent had started to eat the meal& +Cross-e!amine%- Carson said to ,ason& !ou ha e no information as to when the meal was ingested1- ,ason asked& +.o&+9eath was instantaneo"s1+;irt"ally instantaneo"s&+9espite the fact that the knife was in the 'ack% 9octor% wo"ld it ha e 'een possi'le for the wo"nd to ha e 'een inflicted 'y someone standing in front of the decedent1+I think not&+Thank yo"%- ,ason said& +That)s all% 9octor&Carson said to the Co"rt% +I apologi/e for p"tting on 9r& 9raper o"t of order& 0e is% howe er% e!ceedingly '"sy and I told him 4I wo"ld call him as my first witness& I will now proceed with the reg"lar gro"ndwork

of showing the location of the crime and the identification of the corpse&Carson called a s"r eyor and a photographer% introd"ced maps% diagrams% sketches and photographs& 0e then said% +Call ,r& George @"incy Al'ert&George Al'ert took the witness stand& +If the Co"rt please%- Carson said% +I desire to "se ,r& Al'ert as a general witness in this case% and% therefore% in order to sa e time% I am also going to "se him as the witness who will identify the corpse&+;ery well%- 6"dge 2ayton said% +let)s mo e along as rapidly as possi'le% gentlemen& I "nderstand this is a case which has attracted considera'le p"'lic interest% '"t% after all% this is simply a preliminary hearing&+What is yo"r occ"pation% ,r& Al'ert1- Carson asked& +I am now% and for se eral years ha e 'een% an office manager in the e!ec"ti e offices of the #amont $olling% Casting and Engineering Company&+3o"r age1+Thirty-two&+Were yo" ac("ainted with #oring #amont in his lifetime1+I was&+Where is he now1+0e is dead&+0ow do yo" know he is dead1+I identified his 'ody in the morg"e&+Who asked yo" to do that1+The police& They wanted someone to make an identification and it was agreed that since ,r& 6ar is 7& #amont% the father% was ("ite 'roken "p & & & + +.e er mind that%- Carson interr"pted& +3o" made the identification at the re("est of the police1+3es% sir&+And that identification was made while yo" were conferring with the police and the district attorney on the e ening of the si!th1+3es% sir&+The police had sent for yo" to get information concerning certain phases of the case% and while yo" were there yo" ol"nteered to make the identification of the 'ody at the morg"e1+3es% sir&+3o" are ac("ainted with the defendant in this case1+3es% sir&-

+0ow long ha e yo" known her1+Since she started work at the #amont Company&+0ow long ago was that1+A period of a little more than two months&+.ow% directing yo"r attention to the e ening of the fifth% which was on ,onday% did yo" ha e any con ersation with the defendant on that day1+3es% sir&+When1+In the e ening% after the reg"lar ("itting time&+And what was the con ersation1 What did she say1+There were matters to 'e taken care of which called for o ertime work5that is% it was not a necessity that she work o ertime5I ery seldom re("est that of any employee% partic"larly in iew of what might 'e called a general trend of the times& Stenographers are not as interested now as & & & + +.e er mind that%- Carson interr"pted& +I am simply asking yo" if there was a con ersation a'o"t her working o ertime&+Well% it came time for the office to 'e closed% that is% for the stenographers to lea e and & & & + +What time is that1+Fi e o)clock&+And what happened1+The defendant kept right on working&+9id yo" ha e a con ersation with her1+I did later&+When was that1 That is% a'o"t what time1+A'o"t fi e-thirty& I thanked her for staying to finish the work and she told me that she knew the specifications on which she was working sho"ld go in the night)s mail% that it was important that they go o"t and that she had decided to stay and finish them&+What time did she lea e1+A little after fi e-thirty&+Was anyone else in the office at that time1+.o% sir& 6"st the defendant and myself&+9o yo" know what the weather was on that night1+It was raining& It had 'een raining d"ring the day&+3o" may cross-e!amine%- Carson said& ,ason st"died the witness tho"ghtf"lly& +3o" say the defendant had

'een working for the company for a'o"t two months1+3es&+0ad yo" known her prior to the time she started work1+I had not&+There is a personnel placement department in the corporation1+There is&+And stenographic staff "s"ally comes from this personnel placement1+It does&+9o yo" ha e anything to do with hiring the people1+I do not&+2"t yo" ha e a"thority to discharge them1+I do&+3o" remem'er when the defendant started working for yo"1+;ery well&+9id she come to yo" thro"gh the reg"lar placement channels1+She did not&+She was not hired in the ordinary co"rse of employment1+She was not& She was placed on the payroll 'eca"se of specific instr"ctions from #oring #amont&,ason straightened in his chair& +3o" mean that her employment did not go thro"gh the reg"lar channels1+That is e!actly what I mean&+When did the defendant cease working1+I discharged her on the si!th 'eca"se & & & + +Answer the ("estion%- ,ason interr"pted& +I am only interested in the date she ceased working for the company&+The si!th&+;ery well%- ,ason said& +That concl"des my cross-e!amination&+.o ("estions on redirect%- Carson said& +Call yo"r ne!t witness%6"dge 2ayton said to Carson& +6erome 0enley%- Carson anno"nced& 0enley came forward% took the oath% and testified as to his name% residence and occ"pation& +9irecting yo"r attention to the late e ening of the fifth of this month% a ,onday e ening%- Carson said% +I will ask yo" where yo" were on that e ening&+In my apartment&+What is the address of yo"r apartment1+IJAF Endicott Way&-

+That is an apartment ho"se1=T% K > It is& +3o" ha e an apartment there1+I do&+Are yo" married or single1+Single&+3o" li e alone in this apartment1+I do&+Are yo" ac("ainted with ,r& #oring #amont% or% rather% were yo" ac("ainted with him in his lifetime1+I was & & & that is% I)d seen him often eno"gh to know who he was&+Were yo" ac("ainted with the a"tomo'ile that he dro e1+I was&+And I 'elie e he had an apartment in the same apartment ho"se in which yo" reside1+That is right&+.ow% on the e ening of the fifth% sometime d"ring the night% did yo" see someone in #oring #amont)s a"tomo'ile1+I did&+9o yo" know who that person was1+3es&+Who was it1+,iss Arlene Ferris% the defendant in this case&+And what did she do at that date and at that time% that yo" noticed in partic"lar1+She had *"st dri en ,r& #oring #amont)s car "p to the c"r' and parked it in front of a firepl"g & & & now% *"st a moment% I will retract that& I assume that she dro e it "p& I walked along *"st as she was getting o"t of the car&+Where was the car parked1+9irectly in front of a firepl"g&+9id yo" recogni/e the car1+I did&+And yo" recogni/ed the defendant1+I did&+Is there any ("estion in yo"r mind as to the identification1+There is none&+3o" may in("ire%- Carson said to ,ason&

+3o" remem'er the occasion when I entered yo"r store on the se enth1- ,ason asked& +I do% ery well indeed% ,r& ,ason&+I was accompanied 'y a yo"ng woman on that occasion1+3o" were&+And #ie"tenant Tragg of 0omicide entered yo"r place of '"siness while I was there1+0e did&+And he asked yo" if yo" had e er seen the yo"ng woman who accompanied me on that occasion1+That is right&+And did yo" not% at that time and place in the presence of #ie"tenant Tragg and myself and this other woman% state definitely and positi ely that this other woman was the woman yo" had seen getting o"t of the car that night in front of the apartment ho"se1+That is correct% I did& I was mistaken&+The matter was more fresh in yo"r recollection at that time than it is now1+.o& The contrary is the case5I ha e had an opport"nity to think the entire sit"ation o er and I reali/e now that I was tricked&+Tricked 'y whom1+2y yo" and 'y a pri ate detecti e who showed me a photograph of the yo"ng woman who was with yo"% a woman named ,adge Elwood& The circ"mstances were s"ch that I was forced to associate the photograph with the person I had seen getting o"t of the car& The power of s"ggestion was s"ch that when I saw the person who had posed for the pict"re I made a mistake&+2"t yo" did identify ,adge Elwood at that time as the person yo" had seen parking the car1+I repeat% I was tricked into & & & + +The ("estion is% 9id yo" or did yo" not make s"ch identification1+I did% '"t it was the res"lt of trickery&+3o" did make s"ch identification1+Well & & & yes&+A positi e identification1+I)m not certain I know what yo" mean 'y a positi e identification&+3o" said yo" were positi e1+I may ha e&%ere yo" positi e of the identification1+I tho"ght I was at the time&-

+7ositi e1+,istakenly positi e&+2"t positi e1+Well% yes&+And what date was this that yo" saw someone parking #amont)s car1+It was on the e ening of the fifth&+At what time1+I can)t tell the e!act time&+Can yo" tell the appro!imate time1+.o% sir% I can)t& It was prior to midnight& That)s all I know&+0ow are yo" certain it was prior to midnight1+2eca"se the place where I got a c"p of coffee closes at midnight& I can)t 'e certain as to the time& ,y watch was at the *eweler)s& I had 'een listening to records and reading& I went so"nd asleep on the co"ch& I don)t know how long I slept& I wakened and went down to get a c"p of coffee& I came 'ack and got into 'ed& I am not going to testify as to the e#act time 'eca"se I don)t know& All I can say is that it was some time d"ring the e ening of the fifth& I ha e an impression it was aro"nd ten o)clock% '"t I don)t "now. I *"st had a sort of ten o)clock feeling% as tho"gh I had 'een so"nd asleep for three ho"rs& That% of co"rse% is not any e idence% any satisfactory criterion& I m"st ha e gone to sleep right after s"pper& I simply don)t know the time&+What did the defendant do after she got o"t of the car1+She stood at the c"r' for a min"te% t"rned aro"nd and slammed the door sh"t on the right-hand side of the car& Then she walked down toward the corner&+Which corner1+The corner to the north&+.o f"rther ("estions%- ,ason said& +.o redirect e!amination%- Carson said& +,y ne!t witness is Thomas Grimes&Grimes came forward and was sworn% ga e his name and address& !ou are employed as a guard in the par"ing lot at the e#ecutive division of the &amont 'olling, (asting and Engineering (om)r*. =T> I am& +And is it yo"r d"ty to check the cars that go in and o"t1)+7rincipally to check the cars that go in% '"t we keep an eye on things&-

+3o" were so employed on the e ening of the fifth of this month1+I was&+Were yo" ac("ainted with #oring #amont d"ring his lifetime1+3es% sir& I knew him 'y sight&+3o" were ac("ainted with his a"tomo'ile1- 3es% sir& +I will ask yo" if% on the e ening of the fifth% yo" saw ,r& #oring #amont lea e the parking place in ("estion&+I did&+At what time1+At appro!imately fi e-forty-fi e&+Was he alone1+0e was not&+Who was with him1+A yo"ng woman&+Co"ld yo" identify that yo"ng woman1+3es&+Is she in co"rt1+She is&+Where1+She is the defendant% Arlene Ferris% sitting ne!t to ,r& 7erry ,ason&+3o" may in("ire%- Carson said% with a slight 'ow at ,ason& +3o")re certain this woman was the defendant1- ,ason asked& +I am&+9o yo" remem'er 'eing asked to look at another yo"ng woman on the se enth of this month1+I do&+And didn)t yo" identify her as 'eing the woman yo" saw in #oring #amont)s a"tomo'ile1+I did not%- the witness said ehemently& +I did a'sol"tely no s"ch thing& I told #ie"tenant Tragg and I told yo" that I co"ldn)t 'e s"re she was the same one5she wasn)t&+When did yo" find o"t she wasn)t1+After I saw the right yo"ng woman&+,eaning the defendant1+3es&+And prior to that time yo" didn)t identify this other person as 'eing the one yo" had seen1+I definitely did not& I ref"sed to make the identification& I ref"sed to do so for yo" and I ref"sed to do so for #ie"tenant Tragg&-

+@"ite right%- ,ason said& +9id yo" tell #ie"tenant Tragg yo" weren)t certain1+I told him I wasn)t certain&+And yo" weren)t certain1+.ot when I saw ,iss Elwood5not that time&+For how long did yo" see this woman who was in the car with #oring #amont1+While he was dri ing thro"gh the gate&+At what speed was he dri ing1+Oh% perhaps ten or twel e miles an ho"r&+It was raining1+3es&+3o" were "nder shelter1+3es&+3o" were looking thro"gh a window in that shelter1+3es&+So yo" only saw this yo"ng woman while #oring #amont was dri ing past that window& That window is how wide1+Oh% perhaps thirty inches&+So yo" got a glimpse of this yo"ng woman while she was mo ing past a window thirty inches wide at a speed of ten miles an ho"r1+3es&+Was this yo"ng woman sitting on the left-hand side of the car1+Certainly not& ,r& #amont was dri ing the car& She was seated on his right&+3o" saw ,r& #amont1+3es&+3o" are positi e he was dri ing the car1+7ositi e&+3o" didn)t look at his face1+Of co"rse I looked at his face&+For how long1+#ong eno"gh to recogni/e him&+While he was dri ing 'y1+3es&+And did yo" look at the woman 'efore yo" recogni/ed #oring #amont or afterwards1+Afterwards&+Then yo" looked at #oring #amont first1-

+3es% sir&+.ow% let)s see%- ,ason said& +If #amont was dri ing past a thirty-inch window at ten miles an ho"r he was going appro!imately fo"rteen feet a second% so he dro e past the window in appro!imately one-fifth of a second&+I ha en)t fig"red it o"t&+Well% take a pencil and paper and fig"re it o"t for yo"rself%- ,ason said& +We)ll wait&The witness took a note'ook from his pocket% started m"ltiplying% di iding% then nodded his head& +So yo" saw the people in the car for appro!imately one-fifth of a second&+3es% sir&+And in that time yo" first looked at #oring #amont long eno"gh to recogni/e him1+3es% sir&+Then after that yo" looked at the person who was with him1+Well% I g"ess so&+So yo" looked at this person for less than one-fifth of a second&+All right&+And when yo" saw this other woman on the se enth yo" said yo" weren)t certain& Isn)t that right1+That)s right&+3o" weren)t certain that she was the woman1+That)s right&+And yo" weren)t certain that she wasnt the woman1+I didn)t say that she wasn)t& 0owe er% I didn)t think & & & + +What did yo" say1+I said I wasn)t certain&+That she wasn)t the woman1+I said I wasn)t certain that she was the woman&+3o" weren)t certain that she was not the woman1+.o&+3o" simply said yo" weren)t certain1!es. That)s the general effect of it&+Then after yo" saw a photograph of the defendant% and after #ie"tenant Tragg or some other person on the police force had told yo" that that pict"re was one of the woman yo" saw on the se enth% yo" 'ecame certain1-

+I am now a'sol"tely certain in my own mind that this defendant was the yo"ng woman I saw in the car%- the witness said& +Then%- ,ason said% smiling% +yo" are certain now '"t yo" weren)t certain on the se enth1+I didn)t see the defendant on the se enth&+2"t yo" saw another yo"ng woman and said yo" weren)t certain that she was not the woman1+I wasn)t certain&+Thank yo"%- ,ason said& +That)s all&+.o ("estions on redirect%- Carson said& +,y ne!t witness is Otto <eswick&<eswick% in his early forties% alert% 'road-sho"ldered% powerf"l in '"ild% took the stand% was sworn and testified that he li ed in a rented room in a ho"se a'o"t two miles from the lodge where the m"rder had 'een committed% that he was employed as gardener and general handy man% that he had what he descri'ed as a somewhat ancient and 'attered a"tomo'ile with which he went 'ack and forth to work% that he had no partic"lar ho"rs of employment '"t was% rather% o'ligated simply to keep the premises in shape? that sometimes he worked as m"ch as ten or twel e ho"rs a day and other times he worked only a few ho"rs a day& 0e f"rther testified that at a little after one o)clock on the afternoon of the si!th he had dri en to the lodge% that he had fo"nd the o"ter gate locked with a padlock to which he had the key% that he had inserted the key% "nlocked the padlock% dri en his car into the gro"nds% locking the gate 'ehind him in accordance with his instr"ctions% and had started doing some watering and trimming some trees? that he had noticed the side door of the ho"se was slightly a*ar% that he had gone to the door to close it% had looked inside and had seen a man)s feet lying on the floor% that he had therefore stepped inside to see what was the tro"'le and had fo"nd the 'ody of #oring #amont& The witness testified that he had 'een caref"l to to"ch nothing% that he had caref"lly 'acked o"t of the room5had% howe er% taken the preca"tion of closing the door? that he had then gone directly to his car% had dri en to the gate% "nlocked the padlock% gone o"t% locked the gate 'ehind him and had dri en to the home of Sadie $ichmond? that he had reported what he had fo"nd there and that ,rs& $ichmond had telephoned the a"thorities& +3o"r witness%- Carson said to ,ason& +0ow long had yo" 'een employed as caretaker and general handy

man prior to the m"rder1- ,ason asked& +For a'o"t two years&+3o" knew the ario"s persons who "sed the lodge and they were ac("ainted with yo"5I am referring now to the e!ec"ti es of the company1+3es% sir&+3o" knew 6& 7& #amont1+3es% sir&+And he knew yo"1+Of co"rse&+And yo" knew #oring #amont1+Certainly&+@"ite well1- ,ason asked& +I knew him as well as co"ld 'e e!pected% and he knew me&+When ,r& 6& 7& #amont called yo" to do anything% what did he call yo"1 0ow did he address yo"1+Otto&+When #oring #amont called yo"% what did he call yo"1+Otto&+9id ,r& #oring #amont e er refer to yo" 'y yo"r initials of O&<&1The witness hesitated for an all '"t impercepti'le moment% then said% +.ot to my knowledge& 0e called me Otto&+Where were yo" the night of the fifth1- ,ason asked& +I was at home&+And where is at home1+At the residence I mentioned% where I rent a room&+Was anyone else with yo"1+.ot with me% '"t I was with someone&+Who1+,rs& Arth"r Sparks&+And who is ,rs& Sparks1+She is a widowed woman of a'o"t si!ty-fi e& She owns the place where I rent a room& I was with her in the li ing room at her re("est% watching tele ision&+9"ring what time1+From a'o"t se en o)clock in the e ening "ntil ten-thirty&+A'o"t ten-thirty1+E!actly ten-thirty%- the witness said& +The tele ision show I was watching was o er at ten-thirty and as soon as the show was o er I went to

'ed&+What time did yo" get "p in the morning1+A'o"t se en-thirty&+2"t yo" didn)t go to the lodge "ntil a little after one o)clock1+That)s right& I did some odd *o's aro"nd the ho"se for ,rs& Sparks& I don)t pay cash rental for my room% '"t keep the ho"se and gro"nds in order&+Are yo" paid a salary for taking care of the lodge1+.o% sir& I am paid 'y the ho"r& I p"t in the time I think necessary and keep track of my time and am paid 'y the ho"r&+Who checks on yo"r time5anyone1 9o they simply p"t yo" on yo"r honor1+.ot e!actly& I keep an acco"nt of my time and gi e Sadie $ichmond my time slips& She marks them 4O&<&) and p"ts them in the desk& Then someone from the company picks them "p% fig"res the total of ho"rs and the total I ha e coming and they send o"t a check&+3o")re certain the gate was locked when yo" went to the place on the si!th1+@"ite certain&+Was there anything at all a'o"t the premises that indicated anything "n"s"al had taken place there1+Only the door which was standing slightly a*ar&+.othing else1+.othing else&+Thank yo"%- ,ason said& +That)s all&<eswick left the stand% ("ite e idently relie ed that his cross-e!amination had 'een so perf"nctory& Carson said% +,y ne!t witness% if the Co"rt please% is 7eter #yons& I think his testimony will 'e rather 'rief&6"dge 2ayton glanced at the clock& +#et "s hope so%- he said& +This is only a preliminary hearing% yet it has cons"med the entire morning& I)m afraid it will 'e necessary to take the "s"al noon ad*o"rnment& I had hoped to ha e the afternoon free for another case&+7erhaps%- the prosec"tor said% +co"nsel will 'e willing to stip"late to ,r& #yons) testimony&+What do yo" e!pect to pro e 'y him1- ,ason asked& +,r& #yons%- Carson said% +is a police officer who was on d"ty "ntil midnight on the night of the fifth& 0e will testify that he fo"nd the a"tomo'ile of #oring #amont parked in front of a firepl"g% that he iss"ed a

ticket for illegal parking& The location of the illegally parked car was e!actly where the witness% 6erome 0enley% saw it when the yo"ng woman emerged from it&+Only one ticket was iss"ed1- ,ason asked& +That)s all that this partic"lar officer iss"ed&+What e ent"ally 'ecame of the car1+Other officers who came on d"ty after midnight tagged the car for illegal parking and e ent"ally% at three o)clock in the morning% it was towed away& Ordinarily these officers do not enforce traffic reg"lations '"t there had 'een tro"'le with illegal parking in the icinity and an order had gone o"t to watch for illegal parking& All officers patrolling this district had 'een instr"cted to tag cars% and after the second or third tag% to ha e the offending car towed away&+And I take it%- ,ason said% +that yo" ha e talked with all these officers yo"rself and "nderstand the facts1+I ha e&+Dpon that statement 'y co"nsel%- ,ason said% +I will stip"late that Officer #yons% if called% wo"ld so testify on direct e!amination that he ga e one tag for illegal parking& At what time was it1+A'o"t nine& 0e ga e one parking ticket at a'o"t nine p&m&%- Carson said& +3o" know that to 'e the fact1- ,ason asked& +I do&+Then I will stip"late that wo"ld 'e his testimony on direct e!amination&Carson went on& +And will yo" stip"late that the other officers who came on d"ty at midnight ga e two additional parking tickets and the car was towed away a'o"t three o)clock1+3o" state that as a fact1- ,ason asked& +I do%- Carson said& +.ot% of co"rse% of my own knowledge '"t 'ased "pon my con ersation with the officers&+I will stip"late that these officers wo"ld so testify on direct e!amination%- ,ason said& +9oes that concl"de yo"r case1- the *"dge asked& Carson glanced at the clock and said% +Dnfort"nately% it does not& I ha e one other witness I intend to p"t on the stand&+0is testimony will 'e 'rief1- 6"dge 2ayton asked& +I don)t know& That depends ("ite largely on cross-e!amination& The witness is #ie"tenant Tragg% who will testify to some ery significant

facts&+Can they 'e stip"lated1- 6"dge 2ayton asked& +I am afraid not% 3o"r 0onor& These facts are ("ite5well% I dislike to comment on the e idence in ad ance% '"t these facts are ("ite concl"si e% and perhaps may come as a s"rprise to the defense&+After all% this is only a preliminary hearing%- 6"dge 2ayton said& +There)s no *"ry present& Go ahead and state what yo" e!pect to pro e&Carson said% +This witness will testify not only to circ"mstantial e idence '"t to con ersations with the defendant and admissions made 'y her& I wo"ld prefer to let the witness disclose the circ"mstantial e idence&+;ery well%- 6"dge 2ayton said with o' io"s rel"ctance% +we will ha e to contin"e the case apparently thro"gh the afternoon& Co"rt will ad*o"rn "ntil two o)clock p&m& The defendant is in c"stody and is remanded to c"stody&Arlene Ferris glanced apprehensi ely at 7erry ,ason& +0ow is it coming1- she asked% as the *"dge retired to his cham'ers& +2etter than I had e!pected%- ,ason said& +Those witnesses are so mi!ed "p in their identification now that 'y the time we get them in the S"perior Co"rt in front of a *"ry they)ll ha e testified to two different things&+2"t that means yo" e!pect I)ll 'e 'o"nd o er for trial in the S"perior Co"rt1- she asked apprehensi ely& +I)m afraid so%- ,ason said& +Attorneys seldom e!pect to ha e a defendant released at a preliminary hearing5and% after all% yo"ng lady% circ"mstances ha e conspired to p"t yo" 'ehind the legal eight 'all&+I hadn)t reali/ed what a nightmare this wo"ld 'e%- she said% +'eing sh"t "p in *ail and & & & it)s horri'le&+.o one e er reali/es what it means "ntil it happens%- ,ason told her& +I)m sorry% Arlene% '"t right now I don)t care to try to play things any differently& If I tried to get yo" released now I might wind "p doing yo"r case a lot more harm than good& I)d ha e to p"t yo" on the stand and yo")d ha e to con ince the *"dge yo" were telling the tr"th& 3o" can)t do that with 6"dge 2ayton& 0e adopts the position that it)s not "p to him to *"dge a conflict in the e idence% that as long as there)s e idence indicating a crime and connecting the defendant with the commission of that crime% he 'inds the defendant o er to the S"perior Co"rt and lets the *"ry decide 5I think we can get yo" a ("ick trial and & & & + +And then what1- she interr"pted& +And prompt ac("ittal%- ,ason said% +if yo" do e#actly as I say&-

+I)ll do it%- she promised& ,ason patted her sho"lder& +All right% chin "p%- ,ason told her& She hesitated& +Is it tr"e that 6ar is 7& #amont has said I)m a liar and an ad ent"ress% that he)s going to go thro"gh my past with a fine-tooth com'1+That)s tr"e%- ,ason said& +And it)s a wonderf"l thing in yo"r fa or& I)m going to enco"rage the press to e!ploit it as m"ch as possi'le& It)s wonderf"l p"'licity for yo"& The pict"re of a yo"ng% irt"ally penniless woman fighting for her freedom and her honor% and% pitted against her% a r"thless tycoon who is trying to prop "p the rep"tation of a profligate son 'y damning the woman whom the son wronged% is going to make a 'ackgro"nd that will aro"se p"'lic sympathy and the sympathy of a *"ry& 3o")ll ha e to go now& <eep a stiff "pper lip&,ason watched Arlene Ferris 'eing led o"t of the co"rtroom% then went to the 'ack of the co"rtroom where 7a"l 9rake and 9ella Street were chatting with ,adge Elwood& +0ow does it look1- ,adge Elwood asked& +A'o"t the way I e!pected5perhaps a little 'etter%- ,ason said& +This 6erome 0enley was so mad that he had 'een tricked% he 'l"rted o"t some admissions that we can "se later&+Won)t he deny he said them1- ,adge Elwood asked& +I think he)s capa'le of it&,ason shook his head& +There)s a co"rt reporter taking e erything down& What he said is in the record and it)s going to stay in the record& We)re going o"t to l"nch& 2etter come along&+.o% thanks& I & & & I ha e a date with a friend&+3o")ll 'e in co"rt this afternoon1+Of co"rse&+At two o)clock%- ,ason said& +2e s"re to 'e there&,ason t"rned to 7a"l 9rake& +7a"l%- he said% +there)s something pec"liar a'o"t that car 'eing parked in front of the firepl"g&+What do yo" mean1+This officer% 7eter #yons% tagged the car aro"nd nine& 0e p"t the first tag on it& .ow% 0enley saw Arlene Ferris getting o"t of the car& 0e can)t fi! the time '"t 'eca"se of that parking ticket we know it m"st ha e 'een 'efore nine& +.ow then% we r"n into a sort of hiat"s& The officers were instr"cted to watch for illegal parking% to p"t on two or three tags and then radio for a tow-car& #yons went off d"ty at twel e o)clock% he p"t the first tag on

the car at nine o)clock& The other two officers came on at midnight& They fo"nd the car illegally parked and p"t two or three tags on it% and then had it towed away& 2"t what happened 'etween nine o)clock and midnight1 Why didn)t #yons tag &it again19rake shr"gged his sho"lders& +Those things can happen&+Well%- ,ason said% +I) e offered to stip"late% '"t there)s a string to my offer Carson may not ha e noticed& Get a co"ple of operati es checking the records at police head("arters& #et)s see what happened to that car5*"st how many tags were on it and when they were p"t on it&9rake said% +Why didn)t yo" 'ring o"t the fact that Otto <eswick had a criminal record% 7erry1 3o" co"ld ha e shown him "p on cross-e!amination&+S"re%- ,ason said& +I co"ld ha e done that all right% and it wo"ld ha e harmed <eswick% '"t wo"ldn)t ha e done o"r case a darned 'it of good& There)s no "se dragging o"t a man)s dead past "nless yo" e!pect to accomplish something 'y doing it& +Incidentally% 7a"l% *"st check his ali'i& Ask this ,rs& Sparks if he)s correct on his time of watching the tele ision5'etter send a man o"t there to talk with her and ha e him phone in a report&+Okay%- 9rake said% mo ing toward the phone 'ooth& +3o" and 9ella ha e l"nch and I)ll get '"sy on the phone and try to line "p the information yo" want&As 9rake entered the phone 'ooth% a short% hea y-set man of a'o"t forty-fi e came p"shing p"rposef"lly thro"gh the last of the spectators who were straggling from the co"rtroom& Cold gray eyes 'eneath 'lack eye'rows s"r eyed ,ason& +7erry ,ason1,ason nodded& The man)s hands were p"shed down in the side pockets of his coat& 0e kept them there& +Or al <ingman%- he said& +Oh% yes%- ,ason o'ser ed& +In my '"siness%- <ingman said% +a man keeps an eye on his 'ack trail& If anyone starts sniffing aro"nd he wants to know why& 0e also wants to know who and then he may want to do something a'o"t it&,ason stood looking down at the man% at the hands thr"st in the side pockets% the 'elligerent set of the sho"lders& +And so1- ,ason asked& +And so%- <ingman said% +I get the word that pri ate eyes are sniffing aro"nd on my trail& Then I get the word that these pri ate eyes are

employed 'y 7erry ,ason and that yo" might ha e the idea of dragging my name into this #amont m"rder case&+And so1- ,ason asked& +And so I came to tell yo" not to do it&,ason said% +When I)m trying a case no'ody tells me what to do and what not to do& I do the thing that)s for the 'est interests of my client& 3o")re a 'ookmaker& #oring #amont played the horses with yo"& 3o" e idently had some kind of an "nderstanding with him 'y which he played on the c"ff "ntil the amo"nt reached fi e h"ndred dollars% then yo" collected&+All right%- <ingman said& +That still doesn)t mean yo" can make me a 7atsy in order to get yo"r client o"t of a *am&+I)m not trying to make yo" a 7atsy%- ,ason said& +I)m trying to get at the facts& If I find the facts will 'enefit my client I)ll 'ring them o"t in co"rt&+.ow that *"st might not 'e healthy%- <ingman said& +For yo" or for me1+For yo"% ,r& ,ason&+I)ll watch o"t for my health%- ,ason said& +It)s e!cellent% thank yo"& 3o" can watch o"t for yo"rs& .ow% s"ppose yo" tell me what yo" were doing on the night of the fifth&+That I)ll do%- <ingman said& +That)s one of the things I came to tell yo"&+It might ha e helped the sit"ation if yo"d told me first&- ,ason said% +instead of disc"ssing my health&<ingman shr"gged his sho"lders% set his thick neck% looked "p at ,ason and said% +I was in a poker game&+From when "ntil when1+From se en o)clock "ntil nearly midnight&+That can 'e esta'lished1- ,ason asked& +That can 'e esta'lished%- <ingman said% +'"t the people who were playing with me wo"ldn)t want to ha e their names 'ro"ght into it&+3o" got a check from #oring #amont on the fifth1+On the morning of the fifth&+What time1+A'o"t ten o)clock% I g"ess&+To co er past 'ets1+#et)s p"t it this way% it kept his credit "p&+3o" didn)t tr"st him for more than fi e h"ndred dollars1-

+#ook% ,r& ,ason% I don)t tr"st anyone for more than fi e h"ndred dollars& That)s my limit&+0e made 'ets on the fifth1+That)s right&+On the afternoon of the fifth1+On the afternoon of the fifth&+And won or lost1+9oes that make any difference1+I think it does% 'eca"se I think perhaps he lost rather hea ily and yo" wanted fi e h"ndred dollars more from him 'efore yo" got in that poker game&+Aren)t yo" f"nny:- <ingman said sarcastically& +And%- ,ason said% +yo" telephoned him and told him he)d 'een pl"nging and had gone o er the fi e h"ndred credit limit% that yo" wanted fi e h"ndred and that yo" were coming o"t to collect it& 3o" pro'a'ly told him yo" were going to sit in a poker game that night and yo" wanted cash&+That wo"ld 'e a nice idea%- <ingman said& +Go ahead% follow it "p& What happened after that1+3o" went o"t to the lodge&+All the way o"t there to collect a lo"sy fi e h"ndred '"cks1+3o" may ha e needed it& 3o" were going to 'e sitting in a poker game& I don)t imagine they took IOD)s in that poker game&+Okay%- <ingman said& +<eep talking% Co"nselor& #et)s get this idea of yo"rs o"t in the open and look it o er& 3o" think I went o"t there to collect the fi e h"ndred '"cks&+3o" co"ld ha e&+And then what1+3o" co"ld ha e had an arg"ment and st"ck a knife in his 'ack&+3o" mean I took a knife o"t there with me1+There were kni es in the kitchen&+So I went o"t there% had a talk with him a'o"t fi e h"ndred '"cks and st"ck a knife into him1+I)m simply in estigating the possi'ilities%- ,ason said& +All right& #et)s look at it this way%- <ingman said& +Why wo"ld I stick a knife in him1 0e was a c"stomer&+7erhaps 'eca"se he didn)t pay the fi e h"ndred '"cks&The 'lack '"shy eye'rows went "p& +#oring #amont didn)t pay the fi e h"ndred1 Come% come% Co"nselor% yo")re going to ha e to do 'etter

than that& #oring #amont wanted to keep his credit good with me& 0e liked to play the horses and I was his 'ookie& 0e knew he co"ld tr"st me& I paid off when he won& I kept my mo"th sh"t& The old man was ne er going to learn anything a'o"t what was going on thro"gh me& #oring #amont knew that& Why sho"ld he ref"se to pay me the fi e h"ndred '"cks1+7erhaps he ga e yo" a check%- ,ason said% watching the man closely& +All right% go on& What happened1+And then yo" got in an arg"ment5perhaps o er a woman&+0ow yo" talk%- <ingman said& +#ook% ,r& ,ason% in my type of '"si ness women grow on '"shes&+This may ha e 'een a partic"lar woman&+.ot with me& There aren)t any partic"lar women& In my racket a 'road is a 'road& .ow let)s get this thing straight%- <ingman said& +3o" think I went o"t there to collect fi e h"ndred '"cks 'eca"se I was going to get in a poker game& 3o" think I was in a h"rry for the fi e h"ndred smackeroos&+It co"ld 'e%- ,ason said& +S"re% it co"ld 'e%- <ingman said% with a twisted smile which emphasi/ed the line of his 'roken nose& +So I went o"t to get the fi e h"ndred& Then% in place of h"rrying 'ack to a poker game% #oring #amont said% 4#ook% Or al% I had a date with a 'a'e who ran o"t on me& We were *"st getting ready to sit down and eat some ham and eggs& They)re getting a little cold now% '"t why don)t yo" sit down here with me and ha e some ham and eggs1) +So I sat down at the ta'le with him and had some cold ham and eggs% notwithstanding the fact I was in a h"rry to get 'ack to this poker game&+3o" seem to know a lot a'o"t what happened%- ,ason said& +In my '"siness% when someone tries to frame me for something% I find o"t the facts&+All right%- ,ason said& +3o" find o"t the facts& .ow I)ll tell yo" what might ha e happened& #amont might ha e told yo"% 4#ook% Or al% I)m h"ngry& This food is on the ta'le& I was *"st sitting down to eat when a 'a'e ran o"t on me& 3o" wait "ntil I) e finished eating and I)ll make yo" o"t a check& If yo")re h"ngry yo" can eat that plate of ham and eggs& If yo" aren)t% yo" can throw them o"t&+Okay%- <ingman said& +We)ll ride along with it yo"r way% Co"nselor& Then what happened1+Then yo" ate the ham and eggs and then yo" had an arg"ment&-

+9id I get a check or didn)t I1+3o" got a check%- ,ason said& +For fi e h"ndred '"cks1+For fi e h"ndred '"cks&+And then I got in an arg"ment with him1+That)s the part I)m in estigating&+Go ahead and in estigate all yo" damn please%- <ingman said& +For yo"r information% ,r& ,ason% I didn)t go o"t to that co"ntry place& I didn)t call him on the telephone& I only got the one check from him and that was in the morning& 3o")ll find that I cashed it at the 'ank 'efore two o)clock& That was on the fifth& I don)t ho"nd my c"stomers and when I want to play poker I don)t ha e to go dashing aro"nd getting money to p"t "p for an ante& .ow% yo" ha e a theory& 3o")d 'etter get some facts to 'ack "p yo"r theory 'efore yo" start making it p"'lic&+9on)t tell me how to practice law%- ,ason said& And then added ("ietly% +.ow yo") e 'een telling me things& I)m going to tell yo" something& I)m in estigating this case& I ha e no desire to try to p"sh anyone aro"nd& I don)t want to in ade anyone)s pri ate life& I want to know what happened% that)s all& 3o" say yo" were in a poker game from se en "ntil nearly midnight& Gi e me the names of the people yo" were playing with& I)ll check& It will 'e a ("iet check& If yo" check o"t% that)s all there is to it& If yo" don)t% I)ll do some more checking&+I) e told yo" some of these people wo"ldn)t want to 'e 'ro"ght into it&+That may 'e%- ,ason said% +'"t there are certain facts which lead me to 'elie e yo" may ha e talked on the telephone with #oring #amont&+What facts1+#et me ask yo" this%- ,ason said& +0ow did he refer to yo"1 9id he call yo" 'y yo"r first name or 'y yo"r initials1+2y my first name% whene er he "sed names& If he called me anything he)d call me Or al&+0e ne er called yo" O&<&1+0e ne er called me O&<&%- the man said% the gray eyes holding ,ason)s& +All right%- ,ason said& +Gi e me a list of the persons who were in the game with yo" and I)ll check& I)ll do it ("ietly&<ingman shook his head& +I tell yo"% I don)t do '"siness that way& I)m telling yo" what the facts are for yo"r own g"idance% *"st so yo" don)t lead with yo"r chin and so yo" keep healthy&-

,ason reached to an inside pocket% p"lled o"t a folded legal doc"ment% took o"t his fo"ntain pen% wrote the name +Or al <ingman- in a 'lank and handed the doc"ment to <ingman& +What)s this1- the man asked% "nfolding the paper to look at it& +That%- ,ason said% +is a s"'poena d"ly iss"ed "nder the seal of the co"rt% ordering yo" to appear at two o)clock this afternoon as a witness on 'ehalf of the defense&<ingman)s face darkened& +I) e tried to tell yo" and tell yo" nice%- he said& +And I) e tried to tell yo" and tell yo" nice%- ,ason told him& +3o" gi e me a list of the men who were in that poker game with yo" and I)ll check& Otherwise% yo")ll go on the stand and tell where yo" were on the night of the fifth&+3o")re 'l"ffing%- <ingman said& +3o" aren)t going to p"t on any e idence& .o smart lawyer e er p"ts on e idence on 'ehalf of the defense at a preliminary hearing&,ason shr"gged his sho"lders& +3o") e got yo"r s"'poena& 2e there at two o)clock this afternoon& If yo" think I)m 'l"ffing this will 'e a good way to find o"t&+.ow% wait a min"te%- <ingman said& +#et)s not get each other wrong& I&&&+ +3o" ha e yo"r s"'poena%- ,ason said& +If yo" want to get o"t of testifying temporarily yo" can gi e me a list of those names&<ingman)s face darkened% then a'r"ptly he p"lled a note'ook from his pocket% started writing& +There are fi e names%- he said% tearing the sheet from the note'ook and handing it to ,ason& +Those people wo"ldn)t like it if they tho"ght I)d gi en yo" the information& 2"t if yo" want to check with them ("ietly and confidentially yo"ll find o"t where I was on the night of the fifth& +There are two men whose names I) e marked with a little check mark& I)d prefer to ha e yo" start with them& They)re reg"lar poker players and it wo"ldn)t mean so m"ch to them& The other three men are '"sinessmen who think they)re pretty good poker players&+They lost1- ,ason asked& +As it happens% they lost&+And yo" won and these two men whose names yo" ha e checked% won1+If it)s any of yo"r '"siness% we won&+I can see why yo" might not care to ha e the sit"ation p"'lici/ed%-

,ason said& +That doesn)t make me g"ilty of m"rder% ,r& ,ason&+.ow there%- ,ason told him% +is where yo")re "sing words that I)ll listen to& I don)t want to a'"se my position or the power of the law& All I)m interested in is finding o"t what happened& If yo" were in that poker game and didn)t lea e it% that)s eno"gh for me& E en if yo" can)t pro e an ali'i I)ll still do some checking 'efore I p"t yo" on the stand or 'ring yo"r name into it5ass"ming% of co"rse% that yo" don)t start calling my hand& If yo" want to call my hand we)ll start p"tting cards on the ta'le&<ingman said% +Okay% Co"nselor% that)s good eno"gh for me& They told me yo" were a s("are shooter& Get yo"r men doing a little in estigating and yo")ll find I)m clean&A'r"ptly the man)s right hand shot o"t of his pocket and was e!tended toward ,ason& ,ason shook hands& +They told me yo" were on the "p and "p%- <ingman said& +I *"st had to 'e s"re% that)s all&+3o" only got the one check that day1- ,ason asked& +So help me% Co"nselor% that)s the tr"th& I got the one check& I saw him a'o"t ten o)clock in the morning when he stopped 'y to gi e me the check and he picked some horses for the afternoon& And since we)re p"tting cards on the ta'le% I)ll tell yo" something else& 0e won& .ot too hea y% '"t he won& If he)d li ed he wo"ld ha e had money coming to him&+And as it is1+As it is% he gets nothing%- <ingman said& +That)s one of the chances a man takes& If I gi e him credit and he 'ets with me% loses and then drops dead I can)t present a 'ill against his estate& If he 'ets with me and wins and drops dead his estate doesn)t get anything& I can)t come in and say% I)m a 'ookie& I owe the g"y fifteen h"ndred '"cks&)+Was it that m"ch1- ,ason asked& +6"st a'o"t%- <ingman said& 0e t"rned to 9ella Street& +I)m sorry I had to str"t my st"ff in front of yo"% ,iss Street%- he said% +'"t with a man like ,ason yo" ha e to talk to him when yo" can get him& I didn)t know what he was planning to do this afternoon and I wanted to talk with him5I)m glad I did&0e 'owed% sw"ng on his heel and po"nded his way 'ack down the corridor toward the ele ators& ,ason glanced at 9ella Street&

+Well%- she said& +What)s the reaction of yo"r feminine int"ition1- ,ason asked& +I 'elie e him%- she said& +That last to"ch was the thing that sold me& When he said that #oring #amont had won and if he li ed he)d ha e had some money coming to him&,ason nodded tho"ghtf"lly& +6"st the same%- he said% +we)ll get hold of 7a"l 9rake and do a little checking on that poker game& That fi e-h"ndred-dollar check to a person listed simply as 4O&<&) ass"mes e en greater importance as we go on&+Of co"rse%- 9ella Street pointed o"t% +the initials 4O&<&) wo"ldn)t necessarily 'e those of the person recei ing the check& It co"ld 'e some sort of a code&+In which e ent%- ,ason said% +it)s "p to "s to crack the code& Come on% 9ella% let)s eat&-

Chapter Ele en
At fi e min"tes 'efore two o)clock% as ,ason was entering the co"rtroom% 7a"l 9rake% h"rrying from a telephone 'ooth% tapped the lawyer on the sho"lder& +What is it% 7a"l1+E erything checks on that car in front of the firepl"g%- 9rake said& +7eter #yons% who went off d"ty a'o"t midnight% ga e the first ticket& After midnight there were two more tickets& 7olice had 'een ordered to keep a watch on that street& They)d 'een tro"'led with a lot of illegal parking there and had had lots of complaints a'o"t 'locked dri eways% so orders had gone o"t to keep an eye on cars in the district% tag on the first illegal parking% then keep an eye on the car and order a tow-away after the third ticket& +The #amont car was handled as ro"tine "ntil police fo"nd o"t a'o"t its importance& 2y that time the car had 'een towed away& Of co"rse% after the m"rder there was a frantic scram'le to look the car o er for fingerprints& I think they ha e some&,ason tho"ght that statement o er& +Well1- 9rake asked& +9oes that hit yo" too hard1+I don)t know%- ,ason said& +We)ll see what de elops&The lawyer walked on into the co"rtroom& When 6"dge 2ayton had called co"rt to order% ,ason said% +If the

Co"rt please% I was asked to stip"late to the testimony of the officers a'o"t the parked car& +I am% of co"rse% willing to make any stip"lations which will sa e time and which do not affect the s"'stantial rights of the defendant& 0owe er% in regard to the testimony of 7eter #yons% the officer who p"t the first tag on the car at nine o)clock% I feel that the interests of the defendant re("ire I sho"ld cross-e!amine the officer& I am therefore ser ing notice on the prosec"tion at this time that% while I was willing to stip"late as to what #yons) testimony wo"ld ha e 'een on direct e!amination% I now wish to e!ercise my right of cross-e!amination&+;ery well%- 6"dge 2ayton said& +That was the stip"lation% and I pres"me the prosec"tion will ha e Officer #yons here for cross-e!amination% altho"gh the Co"rt doesn)t see that the testimony in regard to the parked car has any great significance&9onald Carson arose with smiling "r'anity& +.ot only do I agree with 3o"r 0onor% '"t since it now appears his testimony wo"ld necessitate a delay in the case% I will withdraw my stip"lation and we won)t "se the testimony of Officer #yons at all&+Then yo" withdraw yo"r stip"lation as to #yons) testimony and it will 'e considered he was not a witness1- 6"dge 2ayton asked& +3es% 3o"r 0onor&+6"st a min"te% if the Co"rt please%- ,ason said% getting to his feet& +We o'*ect to s"ch proced"re& Officer #yons% ha ing 'een 'ro"ght into the case% can)t 'e taken o"t of it now& The "nderstanding was that I wo"ld stip"late as to his testimony on direct e!amination& The defense has the right of cross-e!amination&+2"t the prosec"tion has now withdrawn the witness%- 6"dge 2ay-ton said& +The prosec"tion can)t do it%- ,ason said% +after I accepted the stip"lation Officer #yons was deemed to ha e testified on direct e!amination that certain things happened& This was s"'*ect to my right of cross-e!amination in the e ent I desired to "se that right& The stip"lation was offered% was accepted and I now desire to "se the right of cross-e!amination&6"dge 2ayton frowned& +Is it that important% ,r& ,ason1+I don)t know%- ,ason admitted frankly% +'"t I intend to find o"t&+;ery well%- 6"dge 2ayton said% smiling& +I think ,r& ,ason is correct% ,r& 7rosec"tor& The stip"lation was offered and was accepted& The defense has the right to cross-e!amine any witnesses he so chooses& 3o"

will ha e ,r& #yons in co"rt&+I don)t know that we can get him in co"rt on s"ch short notice%Carson said& +2"t yo" m"st ha e reali/ed that the stip"lation was so worded that the defense co"ld cross-e!amine him if it so desired%- 6"dge 2ayton said with some indication of impatience& +2"t I didn)t ha e any faintest idea that the defense wo"ld want to cross-e!amine the officer&+Well% yo" e idently g"essed wrong%- 6"dge 2ayton snapped& +The Co"rt tr"sts yo" will arrange to ha e Officer #yons here for cross-e!amination so that the case will not 'e delayed& .ow who)s yo"r ne!t witness1+#ie"tenant Tragg of 0omicide%- Carson said& +;ery well& 7"t #ie"tenant Tragg on the stand and arrange to get Officer #yons here so he can 'e cross-e!amined&+If I may ha e the ind"lgence of the Co"rt for a moment%- Carson said with poor grace% +I)ll see what can 'e done a'o"t getting Officer #yons here&Carson glared at 7erry ,ason% tiptoed o er to an officer% whispered 'riefly to him% then straightened and said% +#ie"tenant Tragg to the stand% please&#t& Tragg% 'road-sho"ldered% gri//led% l"m'ered "p to the witness stand% was sworn% ga e his name% address and occ"pation and faced Carson e!pectantly& +3o" were called to the Chatsworth property of the #amont $olling% Casting and Engineering Company on the e ening of the si!th1+I was&+And the 'ody of #oring #amont% which had 'een pre io"sly disco ered% was still there at that time1+.o& The 'ody had 'een remo ed 'efore I got there&+.ow% #ie"tenant% I don)t want to take "p a lot of time going o er details which are already in e idence% so I will therefore% with the permission of co"nsel% ask ("estions which are s"fficiently leading to designate the partic"lar e idence I want to elicit& Were yo" present at the morg"e when a search was made of the pockets of the clothing of #oring #amont1+I was&+Was anything partic"larly "n"s"al fo"nd in those pockets1+3es&-

+What1+A rotating part for the electrical distri'"ting system on an a"tomo'ile&+9o yo" ha e that part in yo"r possession at the present time1+I do&+Will yo" prod"ce it% please1#t& Tragg reached in his pocket% took o"t a sealed en elope% took a knife from his pocket% c"t thro"gh the edge of the en elope% took o"t a small o'*ect and handed it to the dep"ty district attorney% who% in t"rn% s"'mitted it to ,ason for his inspection% then t"rned 'ack to the witness& +What is the f"nction of this part in the distri'"ting system of an a"tomo'ile% #ie"tenant5if yo" know1+It distri'"tes the electrical charge in rotation to the different spark pl"gs so that the cylinders will fire in order&+And if this part is remo ed from a car% what is the effect on the igni tion system1+The ignition system fails& 3o" can)t get any c"rrent to the spark pl"gs&+And it is% therefore% impossi'le for the car to operate1+That is right& 3o" can)t start the motor&+And this was fo"nd in the pocket of the decedent1+It was&+Are yo" familiar with the a"tomo'ile of the defendant in this case1+I am% yes% sir&+Can yo" state whether or not this part% which I now hand to yo"% fits the electrical system in the car of the defendant1+It does&Carson t"rned to 7erry ,ason and said% +Strictly speaking% the ("estions I am now going to ask #ie"tenant Tragg can 'e o'*ected to as hearsay% '"t in the interests of sa ing time and simply in order to present a complete pict"re to the Co"rt% I am going to ask these ("estions% reali/ing that if co"nsel for the defense wishes he can o'*ect and I will then 'e forced to p"t a mechanic on the stand& 0owe er% I think we all wish to sa e time on matters a'o"t which there can 'e no disp"te&Carson t"rned 'ack to #t& Tragg& +9id yo" make any in estigation as to whether the car of the defendant had 'een in a condition to 'e operated on the night of the fifth1+I did&+What did yo" find1-

+The car had remained on the parking lot all the night of the fifth and the morning of the si!th& On the morning of the si!th% a mechanic came to the lot% tested the car and repaired it so it wo"ld start&+9o yo" know what the mechanic fo"nd to 'e wrong with the car1+I do&+What1+This part was missing from the distri'"tor&+This part1+Either this part or a part identical with it&Carson said% +I will now ask that this rotating part 'e placed in e idence as 7eople)s E!hi'it5whate er the ne!t designation may 'e&+I think it)s E!hi'it 2-L%- 6"dge 2ayton said& +;ery well& #et it 'e marked as E!hi'it 2-L for identification&+.ow then% #ie"tenant Tragg%- Carson went on% t"rning once more to the witness% +yo" interrogated the defendant concerning her wherea'o"ts on the e ening of the fifth of this month1+I did&+When did that interrogation take place1+On the se enth% after the defendant had 'een picked "p 'y the police&+Who was present at the time of that con ersation1+I was and $alph Gra e% a mem'er of the police force&+And were any ind"cements% threats or promises made to the defendant in order to get her to make a statement1+There were none&+Was she ad ised as to her rights and the fact that she did not need to make a statement1+She was told that any statement she might make co"ld 'e "sed against her& I asked her if she cared to e!plain where she had 'een on the night of the fifth and whether she had 'een with #oring #amont&+And what did the defendant say1+2riefly% she stated that she had tried to start her car in the parking lot% that it wo"ld not start% that #oring #amont had come along and offered her a ride% that he had taken her to the r"ral lodge maintained 'y the #amont Company% that there he had attempted to force his attentions "pon her% that this came at a time when he had cooked "p a s"pper of ham and eggs and she had 'aked 'isc"its% that she rep"lsed his ad ances and ran o"t of the ca'in% down the road? that he had started to follow her in his a"tomo'ile% so she had deto"red to the side of the road and crawled

thro"gh the 'ar'ed wire% that she had then reali/ed he was following her tracks in the wet gro"nd on the s"rface of the dirt road% that when he came to the place where she had crawled thro"gh the wire% he had stopped and left the car with the motor r"nning while he crawled thro"gh the fence after her% that she had managed to do"'le 'ack% get thro"gh the fence% race down the road and had *"mped into the car and taken off in his a"tomo'ile 'efore he co"ld catch "p with the car& +She f"rther said that she had dri en the car 'ack to town and then% feeling that she wo"ld add what she called a to"ch of sardonic h"mor to the sit"ation% had deli'erately parked it in front of a firepl"g and had gone off and left it&+9id she say what time this was1+She said she tho"ght it was a'o"t eight-fifteen to eight-thirty&+And she had deli'erately parked the car in front of the firepl"g1+9irectly in front of the firepl"g&+0ad left the keys in it1+3es&+.ow% to go 'ack a moment% she stated to yo" that the deceased had cooked ham and eggs1+That is right&+9id she state that they had partaken of the ham and eggs1+She specifically stated that the altercation had taken place and she had r"n away prior to the time the ham and eggs were cons"med&+9id yo"%- Carson asked% +make any attempt to erify certain aspects of this statement 'y physical e!amination of the e idence and any o'*ects which might tend to f"rnish corro'oration1+I did% yes% sir&+What did yo" do and what did yo" find1+First we d"sted #oring #amont)s car for fingerprints& We fo"nd two of the defendant)s fingerprints on the 'ack of the rear iew mirror& We also searched the road trying to find tracks which wo"ld corro'orate the statement made 'y the defendant&+And what% if anything% did yo" find1+We fo"nd that there had 'een so m"ch tra el o er the dirt road that it was impossi'le to detect footprints on the road& Following the disco ery of the 'ody% there was an enormo"s amo"nt of tra el d"e to the nat"re of the crime and p"'lic interest 'eca"se of the social and financial prominence of the ictim&+That was on the road itself1-

+3es% sir% that was on the road itself&+.ow% what a'o"t the place ad*oining the road5the 'ank1#t& Tragg s("ared his sho"lders as tho"gh 'racing himself for an attack& +We fo"nd%- he said% choosing his words caref"lly% +where the defendant had planted e idence in an attempt to corro'orate her story&6"dge 2ayton looked "p ("ickly% snapping to attention at the answer& 0e glanced at 7erry ,ason% then at 9onald Carson% then at the witness& +Is there any o'*ection to that ("estion or any motion to strike%- he asked% +on the gro"nd the witness has testified to a concl"sion1,ason said% +$ather than o'*ect% I wo"ld like to cross-e!amine the witness on the point&+3o" can)t sit idly 'y and let e!traneo"s matter 'e 'ro"ght into a case% hoping to cross-e!amine%- 6"dge 2ayton said& +I don)t think it)s e!traneo"s%- ,ason said& +If the defendant did plant this e idence it)s a ery material and a ery con incing fact&+2"t the witness doesn)t "now she planted it%- 6"dge 2ayton snapped& +I think it)s yo"r d"ty to o'*ect and mo e to strike&+If the Co"rt please%- Carson said% +I think the witness does know it& I think the circ"mstantial e idence on the point is damning& We wo"ld welcome cross-e!amination? 'oth the witness and the prosec"tion wo"ld welcome it&+Well% it isn)t "p to the Co"rt to tell co"nsel how to try his case%6"dge 2ayton said& +The witness has certainly testified to a concl"sion% howe er&+A concl"sion which I think this witness% 'y reason of his training as an e!pert and his pec"liar aptit"de in s"ch matters% is ("ite competent to draw%- 7erry ,ason said "r'anely& +There is no o'*ection 'y the defense&Carson sw"ng 'ack to the ("estion of the witness& +6"st what did yo" find1+At first% and on the morning of the se enth% prior to the time we had ("estioned the defendant% we fo"nd that someone had c"t a piece from the hem of the defendant)s skirt& This piece had 'een c"t with a knife& Then this fragment or segment had 'een taken o"t to the 'ar'ed-wire fence near the scene of the crime& Someone had impaled it on the 'ar'edwire fence in s"ch a position that it wo"ld 'e certain to attract attention& +We then fo"nd that some woman% wearing high-heeled shoes% had 'een lifted against the 'ank and had 'een lowered down the soft soil% lea ing tracks made 'y high-heeled shoes in an apparent attempt to make it appear this person had slid thro"gh the lower wire of the fence&-

+Are yo" prepared to state definitely% #ie"tenant Tragg% that this person who had left those tracks did not slide thro"gh "nder the wire of the fence1+9efinitely&+And how can yo" tell that1+2eca"se the gro"nd was s"fficiently soft 'ack of the fence to ha e retained the imprint of heel tracks% and there were no tracks on the other side of the fence5that is% the side away from the road&+9id yo" s"'se("ently find the skirt from which that piece had 'een c"t1+We did&+Where1+It was one of the defendant)s skirts and had 'een left temptingly displayed in her apartment where it wo"ld 'e irt"ally impossi'le to miss it&+9o yo" ha e that skirt with yo"1+I do&+Will yo" prod"ce it% please1Tragg opened a 'rief case and prod"ced the skirt ,adge Elwood had 'een wearing when she and 7erry ,ason isited the apartment of Arlene Ferris& +3o" ha e the piece which was c"t from the garment with yo"1+I ha e&+Will yo" prod"ce it% please1Tragg prod"ced the torn piece& +This triang"lar piece fits in the hem of the garment1+It does&+Will yo" please demonstrate to the Co"rt1Tragg spread the skirt o"t o er his knee% took the triang"lar piece of cloth which ,ason had c"t from the garment and fitted it into place& 6"dge 2ayton% frowning% leaned o er from the 'ench to st"dy the piece of cloth and the skirt with the c"t hem% then glanced omino"sly at 7erry ,ason& +7lease let the Co"rt inspect that% #ie"tenant%- he said& Tragg spread the garment and the torn piece on the 'ench& 6"dge 2ayton caref"lly fitted them together& +We now ask that the skirt and the fragment 'e introd"ced in e idence as 7eople)s E!hi'its% appropriate n"m'ers52-M for the skirt% 2-g for the fragment%- Carson said&

6"dge 2ayton said% +Co"nsel is% of co"rse% entitled to e!amine this witness on voir dire 'efore the articles are introd"ced in e idence& 9oes co"nsel wish to do so1+Co"nsel does%- ,ason said& +;ery well& 3o" may e!amine the witness on voir dire%- 6"dge 2ayton said& ,ason smiled at #t& Tragg& +3o" ha e said that the e idence was designed to s"'stantiate the story of the defendant1+There can 'e no other possi'le e!planation%- Tragg said crisply& ,ason smiled& +Then the attempt was rather cl"msy% #ie"tenant& A person trying to s"'stantiate a story of the defendant wo"ld% at least% ha e had the yo"ng woman who was lea ing the tracks go on the other side of the fence and r"n along the soft gro"nd&+There may not ha e 'een time&+And%- ,ason went on calmly% +yo" ha e stated that the skirt from which this fragment was c"t was a skirt 'elonging to the defendant&+It was her si/e and fo"nd in her apartment& I consider that s"fficient e idence of ownership&+9id yo" make any attempt to find where the defendant had p"rchased this skirt% #ie"tenant1+.o&+Why1+2eca"se I didn)t think it was necessary&+9id yo" make any attempt to find cleaning marks on the skirt1 That is% the identification marks made 'y cleaners1+3es& We fo"nd the code n"m'er on the skirt&+9id yo" make any attempt to trace that cleaning mark1+.ot as yet&+3o" are aware that different cleaners "se different code marks and that those marks are sometimes stamped in indeli'le inks% sometimes in in isi'le ink% which is only isi'le "nder "ltra iolet light% and that it is possi'le to trace the ownership of a garment thro"gh these fig"res1+That is a techni("e which is "sed 'y the police many times a month&+2"t yo" didn)t "se it in this case1+.ot as yet&+3et yo" ha e testified that this skirt is the property of the defendant1+On the e idence we ha e I still say it is hers& It is her si/e and it was fo"nd in the defendant)s apartment&+.ow then%- ,ason said% +this little 'it of cloth hanging from the

'ar'ed-wire fence attracted yo"r attention% did it not1+It did&+And ca"sed yo" to st"dy the tracks caref"lly1+That is right&+And from that caref"l st"dy yo" came to the concl"sion that an attempt had 'een made to f"rnish what we might call a synthetic corro'oration for the story of the defendant1Tragg said% +That ("estion calls for my opinion& I will gi e that opinion& I 'elie e the defendant killed #oring #amont& There may ha e 'een e!ten"ating circ"mstances% '"t rather than tell the tr"th a'o"t these circ"mstances the defendant decided to concoct a story a'o"t ha ing 'een p"rs"ed thro"gh a 'ar'ed-wire fence and deli'erately so"ght to plant e idence which wo"ld s"pport her story&+That)s a concl"sion of the witness%- 6"dge 2ayton pointed o"t& +It)s his opinion as an e!pert%- Carson insisted& +The ("estion called for it% and his answer was responsi e&+After all%- 6"dge 2ayton said% +This is all on voir dire, and defense co"nsel apparently has some plan in iew% '"t the Co"rt doesn)t care to ha e its time taken "p with opinions and concl"sions regardless of whether there are o'*ections& #et)s get along with the case&+9id this e idence ca"se yo" to make a f"rther search of the premises in the icinity of the place where this piece of cloth was fo"nd1Tragg hesitated a moment% then said% +Well% yes&+And if it hadn)t 'een for that piece of cloth there on the fence% it is ("ite pro'a'le that yo" wo"ldn)t ha e searched the s"rro"nding co"ntry1Tragg permitted himself a frosty smile& +Anything is possi'le% ,r& ,ason&+And did yo"r search of the s"rro"nding co"ntry disclose other e idence which did s"'stantiate the defendant)s story1+There were tracks%- #t& Tragg said% +'"t these tracks were all a part of fa'ricated e idence&+0ow do yo" know1+The gro"nd was in two general classifications% or perhaps I sho"ld say three& First% there was the s"rface of the road& This was a dirt road which had 'een rained on and which showed tracks which co"ld ha e 'een followed on the night of the fifth% '"t which were pretty well o'literated 'y the rain which came afterward% and which definitely were not isi'le on the si!th or the se enth& The second class of soil was the soft soil on the

side of the road& There were depressions on the side of the road in which s"rpl"s water from the road had drained& That soil remained soft for some time& The same was tr"e of the 'ank leading down to the westerly side of the road& On the other side of the fence% on the west of the road% we came to a third classification of soil& This was soil co ered with grass and other egetation% and the ordinary footprint wo"ld ha e 'een in isi'le here& 0owe er% marks made 'y high heels were isi'le here and there& We did find some marks made 'y high heels '"t there was not eno"gh of a pattern to ena'le "s to make an acc"rate interpretation of the tracks% '"t we knew the whole e idence had 'een fa'ricated 'eca"se the closest heel prints on the other side of the fence were fo"nd twenty-se en feet from the place where the piece of cloth was fo"nd&+These tracks wo"ld ha e gone "nnoticed if it hadn)t 'een for the cloth on the fence1+As to that I can)t say&,ason t"rned to the dep"ty district attorney&-9o yo" wish to introd"ce this garment in e idence1Carson said% +I want the garment introd"ced in e idence&+Then I am going to insist that the cleaning mark 'e traced%- ,ason said& +There is no e idence of ownership other than that the skirt was fo"nd in the defendant)s apartment& Any e idence of ownership so far is a mere concl"sion of the witness&+There is plenty of circ"mstantial e idence of ownership%- Carson said& +It was fo"nd in the defendant)s apartment& It is her si/e& It was "sed in a h"rried and f"tile attempt to s"'stantiate a fa'ricated story&6"dge 2ayton said% +Dnder the circ"mstances% the garment will 'e marked for identification only at this time& We will wait to admit it "ntil the ownership has 'een pro en& That concl"des ,r& ,ason)s voir dire e!amination and yo" may contin"e with yo"r direct e!amination of this witness% ,r& 7rosec"tor&Carson t"rned to Tragg% +9id yo" find any physical e idence which negati ed the defendant)s story1+#ots of it%- #t& Tragg said dryly& +Will yo" please tell the Co"rt what it was1+In the first place% the shoes worn 'y the decedent had not 'een worn on a m"ddy road& They were entirely free from m"d& The tro"sers worn 'y the decedent had not 'een o"t in any wet 'r"sh& The clothes worn 'y the decedent did not ha e any m"d on them% as wo"ld ha e 'een the case if he had slid "nder a 'ar'ed-wire fence& The dinner of ham and eggs

which the defendant stated had not 'een to"ched had act"ally 'een eaten&Carson t"rned tri"mphantly to ,ason& +3o" may cross-e!amine&,ason frowned tho"ghtf"lly& +3o" e!amined the shoes worn 'y the decedent1+We did&+And fo"nd no traces of m"d1+.one whate er&+The c"ffs of the tro"sers1+.o traces of m"d% no indications that they had 'een in any wet egetation& If the decedent had 'een r"nning aro"nd thro"gh the grass on the other side of the fence% or if he had 'een splashing aro"nd thro"gh the m"d on the road% his garments wo"ld ha e so indicated& There wo"ld ha e 'een "nmistaka'le traces of soil and m"d on the shoes% and the lower part of the tro"sers wo"ld ha e 'een soaked&+9irecting yo"r attention to the apartment of the defendant%- ,ason said% +did yo" find "nderwear which was stained with m"d1+We did&+9id yo" make an attempt to find o"t whether that soil was the same as that in the icinity of the #amont lodge1+We did not&+,ay I ask why1+We considered the garments a plant% *"st the same as the torn skirt which we fo"nd&+It is always dangero"s%- ,ason said% +to *"mp to concl"sions% #ie"tenant& I s"ggest that the police endea or to check the stained garments with the soil at the scene of the crime% and I ha e no f"rther ("estions&+Are there any f"rther ("estions1- 6"dge 2ayton asked Carson& +I ha e a f"rther ("estion of #ie"tenant Tragg% in iew of the sit"ation which has de eloped&+;ery well% go ahead&Carson t"rned to #t& Tragg& +9id yo" mark for identification the shoes and tro"sers which the decedent was wearing1+I did&+And do yo" ha e those garments with yo"1+They are a aila'le& It wo"ld take me a few moments to get them&+Co"ld yo" ha e them here within ten min"tes1+I)m ("ite s"re I co"ld&+,ay we ask the Co"rt for a ten-min"te recess%- Carson asked% +in

order to get these garments here1+;ery well%- 6"dge 2ayton said& +We will take a ten-min"te recess& 0owe er% it wo"ld certainly seem that the prosec"tion sho"ld ha e anticipated the necessity for introd"cing these garments& The Co"rt will take this ten-min"te recess% '"t that will 'e the last ind"lgence which will 'e gi en& If there are any other items of e idence which the prosec"tion wishes to introd"ce% 'e s"re that they are here% ,r& 7rosec"tor&6"dge 2ayton arose and walked into his cham'ers& ,ason t"rned to Arlene Ferris& +#ook here% Arlene%- he said% +I)m going to 'e 'r"tally frank with yo"& The most e!pensi e l"!"ry that yo" can ind"lge in is that of lying to yo"r lawyer&She nodded& +If yo" ha e lied to me%- ,ason went on% +yo")re in a mess and I don)t think I can get yo" o"t& 2"t in any e ent% if yo" have lied% I want to know it now&+I) e told yo" the a'sol"te tr"th% ,r& ,ason&,ason shook his head& +If they prod"ce those shoes and those tro"sers% and the shoes don)t show m"d stains% the 'ottom of the tro"ser legs don)t show indications of ha ing 'een wet% as wo"ld 'e the case where a person ran thro"gh wet 'r"sh% yo")re either going to prison for life or to the gas cham'er&+I can)t help it% ,r& ,ason& I) e told yo" the a'sol"te tr"th&,ason 'ecame tho"ghtf"lly silent& She said% +Co"ldn)t the m"rderer ha e changed clothes on the corpse after & & & + +Oh% s"re%- ,ason said sarcastically% +*"st try selling that idea to a *"ry& The m"rderer knows that yo")re going to ha e a fight with #oring #amont and r"n o"t on him in #amont)s own car& The m"rderer goes o"t there with an e!tra pair of tro"sers% socks and shoes& 0e waits "ntil #oring #amont comes 'ack to the lodge% then he sta's him% then he opens the man)s mo"th and sho es ham and eggs down his throat% then he takes off his pants and socks and shoes and dresses the corpse5*"st try to stand "p in front of a *"ry of twel e reasona'ly intelligent indi id"als and sell them an idea of that sort&Arlene Ferris was near tears& +2"t that)s what must ha e happened&,ason shook his head and t"rned away& Tragg ret"rned to co"rt carrying a 'ag& 6"dge 2ayton again came to the 'ench& Co"rt was called to order% and Carson res"med his ("estioning&

+3o" now ha e the clothes the decedent was wearing when his 'ody was fo"nd1+3es% sir&+I wo"ld like to ha e yo" first prod"ce the shoes&+3es sir%- Tragg said% and% opening the 'ag% took o"t a pair of shoes& +These are the shoes the decedent was wearing1+They are&+What is their condition now% with reference to the condition when they were fo"nd on the 'ody1+The shoes are in e#actly the same condition e!cept for chalk marks which ha e 'een placed "pon the soles&+What was the p"rpose of those chalk marks1+Identifying marks% so we co"ld identify the shoes later on&Carson walked o er to the witness% took the two shoes% came 'ack and handed them to ,ason for the lawyer)s inspection& ,ason t"rned the shoes o er in his hands% caref"lly keeping his face witho"t e!pression& +We mo e that these shoes 'e introd"ced in e idence%- 9onald Carson said& ,ason arose& +Once more% 3o"r 0onor% I wish to e!amine the witness on voir dire. +;ery well&,ason t"rned to #t& Tragg& +0a e yo"%- he asked% +any way of knowing that these were the shoes the decedent was wearing at the time he was killed1+Only that they were on the feet of the corpse when I first saw it&+9id yo" make any effort to search the ca'in or lodge to see whether there were other garments1Tragg)s oice showed a certain amo"nt of indignation& +Of co"rse we did& We searched that lodge from one end to the other% ,r& ,ason&+9id the decedent ha e any clothing there1+The decedent had no clothing there% no clothing of any sort other than the following e!ceptions5one pair of tennis shoes% the same si/e as those worn 'y the decedent% one pair of 2erm"da shorts% two shortslee ed sports *ackets% two pairs of swimming tr"nks% one terrycloth ro'e% one pair of sandals% one linen golf cap&+Were there other clothes there1- ,ason asked& +.one that wo"ld possi'ly fit the decedent& The decedent)s shoes were si/e ten and a half&-

+2"t yo" did find other clothing on the premises1+The decedent)s father% 6ar is 7& #amont% had some co eralls% cook aprons and shoes there '"t the shoes of 6ar is 7& #amont were eight and a half& #oring #amont co"ld not possi'ly ha e worn his father)s clothes&+3o" e!amined the place thoro"ghly1+We irt"ally took the place to pieces%- #t& Tragg said% +and that incl"des the dressing rooms at the pool&+The place was pro isioned with li("or and food1- ,ason asked& +Well pro isioned with li("or% with fro/en food and canned food& There were ery few perisha'les& There was a s"pply of linen for the 'eds% plenty of 'lankets% a fro/en-food locker well filled with fro/en food% '"t% for instance% there wasn)t any fresh 'read in the place& There was% howe er% a 'owl in which 'isc"it do"gh had 'een mi!ed% a pan containing 'isc"its which had 'een 'aked in the electric o en& Si! 'isc"its had 'een eaten from the pan& There were si! left in the pan& There was a frying pan with grease in it% in which cooking had 'een done recently& The grease was ham grease& There was a smaller pan in which eggs had apparently 'een fried 'eca"se there were 'its of the cooked egg white adhering to the pan near the o"ter edges& There were plates from which food had 'een eaten & & & + Tragg t"rned to 9onald Carson and said% +9o yo" want all of this now% or am I s"pposed to answer only a'o"t the clothing1+Tell a'o"t it now if the defense has no o'*ection%- Carson said& #t& Tragg nodded& +Two plates which contained portions of egg yolk% particles of ham grease% a can of '"tter which had 'een opened and from which some '"tter had 'een taken% a *ar of *am% small 'read and '"tter plates on which there were 'isc"it cr"m's and remnants of *am& There were c"ps and sa"cers&+0ow many c"ps and sa"cers1- ,ason asked& +Two& These contained small amo"nts of coffee& There was a percolator with coffee in it% and there were two water glasses& The dirty dishes were fo"nd on a ta'le in the dining room% the pans and cooking "tensils on the sto e in the kitchen&+I ha e no f"rther ("estions at this time%- ,ason said& +3o" mean that concl"des yo"r voir dire e!amination1- 6"dge 2ayton asked& +3es% 3o"r 0onor& I ha e no f"rther ("estions at this time on the voir dire e!amination in regard to the shoes& This does not mean that I wai e my right to cross-e!amine the witness a'o"t these articles% nor do I wai e my right to ("estion the witness on voir dire regarding any other garments

which may 'e prod"ced&+;ery well%- 6"dge 2ayton said& +The prosec"tor will proceed&Carson said% +.ow what a'o"t the tro"sers% #ie"tenant1#t& Tragg prod"ced a pair of neatly creased tro"sers& +These were the ones the decedent was wearing when the 'ody was fo"nd1- Carson asked& +3es&+I call yo"r attention to certain stains near the top of the tro"sers and ask yo" if yo" know what those stains are&+3es% sir& They)re 'loodstains&+They were on the tro"sers when the 'ody was fo"nd1+3es% sir&+And the tro"sers were on the 'ody1+3es% sir&+I offer these tro"sers in e idence%- Carson said% +together with the shoes as 7eople)s appropriate e!hi'its&+.o o'*ections%- ,ason said& +9o yo" ha e any voir dire e!amination on the tro"sers1- 6"dge 2ayton asked& +.one% 3o"r 0onor&+I think that concl"des my e!amination of #ie"tenant Tragg%- Carson said& +Cross-e!amination1- 6"dge 2ayton asked& +3o" said that yo" searched the place thoro"ghly& Is that correct% #ie"tenant1- ,ason asked& +We searched the place thoro"ghly%- Tragg said& +We all '"t tore it apart&+3o" looked in the writing desk1+We looked in the writing desk&+9id yo" find some papers in there1+We did&+9id yo" find a check'ook on the California Second .ational1+We did&+With check st"'s1+3es% sir&+9o yo" know whose check'ook that was1+We know that the writing on some of the check st"'s was that of #oring #amont and the checks which matched those st"'s had 'een cashed and they were signed 'y #oring #amont&+All of the checks1+One of them was missing&-

+What one was that1+A st"' which p"rported to show that a fi e-h"ndred-dollar check had 'een iss"ed&+To whom was that check iss"ed1+To no one&+What do yo" mean 'y that1+The check had e idently 'een made o"t and for some reason had 'een torn from the check'ook after the amo"nt had 'een written on the check st"'& The st"' had then 'een marked O&<& to show that it was all right to ha e a check st"' there for fi e h"ndred dollars witho"t the name of the payee&+That)s a concl"sion1- ,ason asked& +For what it)s worth%- Tragg said% +that)s a concl"sion& If yo" want the 'are facts I will state that there was a check st"' in the 'ook showing the amo"nt of fi e h"ndred dollars& The st"' had nothing else on it e!cept the letters O&<&+And were those letters in the handwriting of #oring #amont1+I don)t know&+The check% of which this was the st"'% had 'een torn off on the day of the m"rder1+I don)t know that&+3o" don)t1- ,ason asked& +.o&+There was another check st"' immediately in front of that check st"' paya'le to Or al <ingman% was there not1+That)s right&+And this other check wo"ld nat"rally ha e 'een torn off after that first check1+I o'*ect on the gro"nd that the ("estion is arg"mentati e and calls for a concl"sion of the witness%- Carson said& 6"dge 2ayton nodded his head& +6"st a moment%- Carson said s"ddenly& +I will withdraw the o'*ection& I)d like to ha e #ie"tenant Tragg answer that ("estion&+The ("estion is arg"mentati e and calls for a concl"sion of the witness%- 6"dge 2ayton pointed o"t wearily& +The Co"rt doesn)t need the opinions of witnesses& The Co"rt wants facts&+.e ertheless% 3o"r 0onor% I wo"ld like to ha e #ie"tenant Tragg gi e the answer so that we can ha e it in the record&+Well% if yo" withdraw the o'*ection I)ll let the witness answer this

one ("estion%- 6"dge 2ayton said% +'"t I don)t want to take "p time ha ing a lot of arg"mentati e ("estions e en if they aren)t o'*ected to& 3o" may answer this one ("estion% #ie"tenant&+The answer%- #t& Tragg said% +is that in my opinion% for what it is worth% #oring #amont started to make Or al <ingman a check for fi e h"ndred dollars on the wrong check& Then% reali/ing his mistake% he tore off that check and destroyed it% marked O&<& on the st"' to show that it was all right to ha e a 'lank st"' at that point and then made the check to Or al <ingman on the check which he sho"ld ha e "sed&,ason smiled& +It is yo"r opinion then that this was done inad ertently and that #oring #amont% r"nning thro"gh the check st"'s% inad ertently t"rned o er a check st"' to which the check itself was attached witho"t noticing what he was doing1+I think he m"st ha e%- Tragg said& +That)s rather "nlikely% isn)t it1- ,ason asked& +A man r"nning thro"gh check st"'s wo"ld certainly know when he came to a st"' to which the check was attached&+That)s what I think happened%- #t& Tragg said& +3o" didn)t impo"nd this check'ook as e idence1+E idence of what1+E idence of the acti ities of the decedent on the last day of his life&+We did not& We made a list of the checks and that)s all&+Where is this check'ook now1+As far as I know it)s still in the desk& I will state that Sadie $ichmond telephoned me that yo" had instr"cted her to t"rn the check'ook o er to the police '"t & & & + +.ow *"st a moment%- 6"dge 2ayton interr"pted% +this in("iry is going altogether too far afield& We)re now getting hearsay e idence& If the defense wishes% it certainly is entitled to 'ring that check'ook into co"rt& 0owe er I don)t know what 'earing it co"ld ha e on the case&+If the Co"rt please%- ,ason said% +it indicates that #oring #amont had the check'ook with him when he went to the lodge& It indicates that he took the check'ook o"t of his pocket and% in my opinion% made a check for fi e h"ndred dollars to someone whose initials were O&<& That he was in a h"rry and so simply p"t the initials of the payee on the st"'&+Was the st"' dated1- 6"dge 2ayton asked& +It was not& 6"st the fig"re fi e h"ndred dollars and the initials were on it&+2"t what if yo"r ass"mption is correct1- 6"dge 2ayton asked& +What

wo"ld yo" e!pect to pro e 'y that1+It wo"ld pro e that someone else had 'een o"t at that lodge that e ening&+3o" may introd"ce the check'ook in e idence as part of yo"r case if yo" want to%- 6"dge 2ayton said% +'"t I can ass"re yo"% ,r& ,ason% it wo"ld take more pers"asi e e idence than that for the Co"rt to feel that someone else had 'een o"t there& 9o yo" ha e any f"rther ("estions on cross-e!amination1+.o f"rther ("estions%- ,ason said& +;ery well%- 6"dge 2ayton said to #t& Tragg& +3o" may stand down&+If the Co"rt please%- Carson said% +the 7eople ha e no f"rther witnesses we care to call% at least at this time& We may ha e re'"ttal e idence&,ason was on his feet& +6"st a moment%- he said& +We ha e a right to cross-e!amine 7eter #yons&+Oh% yes%- Carson said& +I ha e sent for #yons& 6"st a moment& I will call him&Carson t"rned to an officer who sat 'eside him and engaged in a whispered con ersation& A'r"ptly the dep"ty district attorney frowned and 'ecame ehement& The officer shook his head& Carson 'ent closer& There was a whispered conference again% then Carson straightened and said% +3o"r 0onor% a most em'arrassing sit"ation has de eloped& It seems that this is 7eter #yons) day off& 0e is o"t somewhere% and can)t 'e reached& I am afraid that perhaps I am partially to 'lame in the matter& I told #yons that I wo"ld need him as a witness "nless the defense was willing to stip"late as to his testimony& I told him f"rther that if the defense wo"ld stip"late as to his testimony% he wo"ld not 'e needed& When ,r& ,ason made his stip"lation I so ad ised my office& Someone in my office ad ised ,r& #yons that there had 'een a stip"lation as to his testimony& I am afraid there was a mis"nderstanding all aro"nd& In fact% I am free to confess to the Co"rt that I% myself% did not appreciate the f"ll technical significance of ,r& ,ason)s stip"lation "ntil he raised the point that he was entitled to cross-e!amine the officer& +Dnder the circ"mstances% if ,r& ,ason will state the points he e!pects to 'ring o"t on cross-e!amination% I may 'e a'le to stip"late that "nder cross-e!amination 7eter #yons wo"ld so testify&,ason shook his head& +I want the pri ilege of cross-e!amining this witness%- he said& +That was the "nderstanding&-

6"dge 2ayton frowned with annoyance& +S"rely% ,r& ,ason% yo" m"st know the type of cross-e!amination yo" e!pect to make and the points yo" e!pect to 'ring o"t on cross-e!amination&+Frankly% 3o"r 0onor% I am at the moment working on a theory of the case that I do not care to disclose "ntil after I first ha e asked certain ("estions of the witness5after all% this witness is a police officer% he is a witness for the prosec"tion% and I fail to see why I sho"ld 'e re("ired to tell the dep"ty district attorney my entire plan of attack on cross-e!amination&+9o yo" ("estion his testimony1- 6"dge 2ayton asked& +I may ("estion his testimony and his credi'ility%- ,ason said& +2"t that is a's"rd:- Carson protested& +This man is a police officer& At the time he tagged the car of #oring #amont for illegal parking he had a'sol"tely no idea that he was doing anything other than performing a ro"tine act& The tag which he iss"ed was a so-called non-fi!a'le tag% and the records are there& They speak for themsel es& I ha e talked with 7eter #yons personally and at some length& All 7eter #yons knows a'o"t the sit"ation is what is disclosed 'y the records& At the time% the #oring #amont car was simply another car parked in front of a firepl"g& 0e sees h"ndreds of them e ery month&6"dge 2ayton glanced in("iringly at 7erry ,ason& +I still want to cross-e!amine this witness%- ,ason said doggedly& +Well%- 6"dge 2ayton said irrita'ly% +the law gi es yo" the right to 'e confronted with witnesses and to cross-e!amine them& If yo" insist "pon that right% I s"ppose the Co"rt has no alternati e e!cept to contin"e the case "ntil tomorrow morning at ten o)clock& 0owe er% I wish to point o"t to 'oth co"nsel that there is a 'acklog of cases% that "nder instr"ctions from the 6"dicial Co"ncil we are trying to get ca"ght "p% that in the opinion of the Co"rt this case sho"ldn)t ha e taken more than half a day& It was contin"ed into the afternoon% and now apparently the Co"rt will 'e forced to waste a large part of the afternoon and again res"me the case tomorrow morning&+I)m sorry%- ,ason said& +The mistake wasn)t mine& I specifically stated in my stip"lation that I wo"ld stip"late #yons wo"ld so testify on direct e!amination&+The prosec"tor sho"ld ha e noticed the o'ligation which was placed "pon him to ha e the witness a aila'le for cross%-e!amina-tion%- 6"dge 2ayton snapped& +Co"rt will ad*o"rn "ntil ten o)clock tomorrow morning& The defendant is remanded to the c"stody of the sheriff& I will point o"t%

howe er% to defense co"nsel that "nless there is some cross-e!amination of the officer% 7eter #yons% which indicates that the defense has some pertinent theory which it is following "p% the Co"rt will feel that it has 'een imposed "pon& +That is all& Co"rt is ad*o"rned "ntil ten o)clock tomorrow morning&,ason t"rned to Arlene Ferris& +0a e yo"%- he asked% +anything else to tell me1She was almost in tears as she shook her head in tight-lipped negation& +;ery well%- ,ason said& +I)ll see yo" tomorrow morning&-

Chapter Twel e
,ason sat at his office desk% dr"mming silently with his finger tips on the 'lotter& In an ash tray 'y his right hand% a neglected cigarette was slowly 'eing cons"med to ash% a wisp of smoke mo ing steadily "pward in a straight line% then t"rning into a spiral 'efore dispersing in little wisps of faint 'l"e smoke& 9ella Street% knowing his moods% sat on the other side of the desk% pencil poised o er a shorthand 'ook% remaining a'sol"tely motionless so that she wo"ld not interfere with his concentration& ,ason% his eyes le el-lidded with tho"ght% said at length% +Take this down% 9ella& #et "s start o"t with the s"pposition that Arlene has lied to "s& The physical e idence is directly opposed to her story& Why did she lie1 9ash-dash& Was it 'eca"se she)s g"ilty1 9ash-dash& If that is the case% she wo"ld ha e made "p a lie that wo"ld ha e fitted the facts& The girl is reasona'ly intelligent& Why does she tell a lie which doesn)t fit the facts19ella Street completed taking down ,ason)s comments% then waited& After a few min"tes% ,ason said% +She m"st 'e protecting someone& 2"t how wo"ld s"ch a story protect anyone% and who is that someone1 9ash-dash& Who co"ld it 'e1Slowly% almost impercepti'ly% ,ason shook his head& 0e p"shed 'ack his chair from the desk% gro"nd o"t the cigarette in the ash tray% got "p and started pacing the floor& S"ddenly ,ason stopped mid-stride% whirled% said to 9ella Street% +All right% 9ella% take this& S"ppose client is not lying1 9ash-dash& Then why don)t the physical facts agree with her story1 9ash-dash& The only possi'le sol"tion is% we ha e an incomplete story&,ason smacked his fist against the desk& +0ang it% 9ella%- he

e!claimed% +make a note: I want a sign made and I want it h"ng on the wall *"st 'ack of my desk& Try to have confidence in your clients. +3o" think she)s telling the tr"th1- 9ella Street asked& +She)s telling the tr"th%- ,ason said% +and I ha e fallen into the worst trap a defense attorney can e er fall into&+What)s that1- 9ella Street asked apprehensi ely& +#etting myself get hypnoti/ed 'y the reasoning of the prosec"tion and thinking that things happened the way the prosec"tion says they happened *"st 'eca"se the e idence seems to s"pport them&9ella Street% knowing that in moments like this% ,ason wanted someone to help him clarify his thinking% said% +3o" mean the e idence is open to two interpretations&+It has to 'e%- ,ason said& +The key witness is 7eter #yons% that police officer they were so rel"ctant to prod"ce&+3o" feel they were rel"ctant1- she asked& +Of co"rse they were%- ,ason said& +They tried e ery way in the world to keep me from cross-e!amining 7eter #yons& .ow% what the de il does 7eter #yons ha e to say that is going to "pset their applecart1+They make him so"nd like a ery "nimportant witness%- 9ella Street said& +That)s the point%- ,ason said& +They)re deli'erately playing him down 'eca"se they)re afraid I)m going to play him "p& .ow why1+What reason could there 'e1- 9ella Street asked& +2eca"se%- ,ason said% +7eter #yons is going to testify to something that will help my case& They) e tried their damnedest to keep me from cross-e!amining him& This '"siness of #yons 'eing where he can)t 'e located is sheer nonsense& It)s a stall&+Why1- 9ella Street asked& +#et)s analy/e why%- ,ason said& +A lawyer always has to look at things logically and from an independent iewpoint& Any time he gets off on the wrong track 'eca"se of taking something for granted% he)s lost& .ow then% we know what 7eter #yons is going to testify to% 'eca"se 9onald Carson told "s&+2"t did the dep"ty district attorney state the tr"th1- 9ella Street asked& +S"re% he did%- ,ason said& +0e wo"ldn)t dare do otherwise& 0e wo"ld 'e g"ilty of "nprofessional cond"ct% of misleading the Co"rt% of pre*"dicial miscond"ct in the case & & & no% he had to tell the tr"th& 2"t he didn)t ha e to tell all the tr"th&

+.ow% as I remem'er the statement made 'y the dep"ty district attorney% 7eter #yons wo"ld testify that he fo"nd #oring #amont)s car in front of a firepl"g at nine o)clock% that he ga e a citation for illegal parking which pres"ma'ly he wo"ld ha e tied on the steering wheel of the car5now% why don)t they want me to cross-e!amine him a'o"t that19ella Street shook her head in p"//led contemplation% while ,ason once more res"med pacing the floor& +Arlene Ferris tells me she left the car in front of the firepl"g% so 7eter #yons) testimony wo"ld agree with hers& .ow then% remem'er that 7eter #yons only ga e one citation& 0e & & & + ,ason stopped a'r"ptly% t"rned to face 9ella Street% said in a low oice% +Well% I)ll 'e damned:+What)s the matter1- 9ella Street asked& +The matter is%- ,ason said% +I) e 'een "nspeaka'ly nai e& I) e 'een a 'a'e in the woods& Of co"rse% they don)t want me to cross-e!amine 7eter #yons: 7eter #yons is going to testify to something that will 'e diametrically opposed to the facts as they "nderstand them% and & & & that)s it: That has to 'e it:+What1- 9ella Street asked& +7eter #yons is going to testify that he came 'ack later on 'efore he went off d"ty% some time 'etween nine o)clock and midnight% and the car was gone. +Gone1- 9ella Street asked& +0ow co"ld it ha e 'een gone1 It was there in front of the firepl"g all night&+It was gone%- ,ason said% +'eca"se Arlene Ferris left the keys in the ignition& Some'ody came along% took that car away and then 'ro"ght it 'ack and parked it again right in front of the firepl"g so the other two officers who came on d"ty at midnight fo"nd the car there and proceeded to iss"e citations for parking iolations% and then% toward morning% had the car towed away&+2"t why sho"ld anyone take it and then 'ring it 'ack1- 9ella Street asked& +That%- ,ason said% +is what we)re going to find o"t% and we)re going to 'egin looking in the place where we sho"ld ha e looked right at the start&+Where1+We)re going to talk with Edith 2ristol% pri ate secretary of 6& 7& #amont% and George Al'ert% the office manager&+0ow come1- 9ella Street asked&

+We)re going to get the e idence in order this time%- ,ason said& +$emem'er what Arlene Ferris told "s& There were lots of people wanting to go to work for the #amont Company& The company had a waiting list of persons applying for secretarial positions% '"t Arlene Ferris simply told ,adge Elwood she wanted a *o'& ,adge Elwood spoke to some'ody and immediately and forthwith Arlene Ferris was gi en a *o'& George Al'ert said that #oring #amont iss"ed some sort of an e!ec"ti e order *"st 'efore he left for So"th America& Thereafter the whole personnel department was 'r"shed aside and Arlene was p"t to work&9ella Street)s eyes widened& +That)s right% Chief:+And the de il of it is%- ,ason said angrily% +the whole e idence was right there in front of me all the time and I damn near m"ffed it& Come on% 9ella% let)s go&+6"st what are we after1- 9ella Street asked& +The tr"th%- ,ason told her& They h"rried down to the parking lot% got ,ason)s car and dro e to the e!ec"ti e offices of the #amont Company& ,ason told the receptionist% +I want to see Edith 2ristol% 6& 7& #amont)s secretary% and I also want to see George Al'ert% the office manager& I)m 7erry ,ason% the attorney% and it)s important&+6"st a min"te%- the receptionist said& She p"t thro"gh a telephone call% said% +;ery well% hold on%- and t"rned to 7erry ,ason& +,iss 2ristol says that she doesn)t think the district attorney wo"ld want her to talk with yo"&,ason said grimly% +All right% then I)ll s"'poena her as a witness and I)ll show 'ias 'y showing that she wo"ldn)t talk with anyone 'eca"se she was afraid she)d h"rt the district attorney)s feelings&+6"st a min"te%- the receptionist said% and again t"rned to the telephone% talking rapidly& After a few moments she said% +;ery well& She)ll see yo"& Take the ele ator to the third floor& ,iss 2ristol will 'e waiting at the ele ator for yo"&,ason and 9ella Street entered the ele ator& At the third floor% as the ele ator door opened% a yo"ng woman stepped forward& +I)m Edith 2ristol%- she said& +Will yo" come to my office% please1She led the way down a corridor% past stenographers who were clacking away at typewriters and who looked "p with s"rreptitio"s c"riosity as the trio walked past& In the office Edith 2ristol closed the door% indicated seats and said%

+6"st what is it yo" want% ,r& ,ason1,ason s"r eyed her in tho"ghtf"l appraisal& +I had hardly e!pected one so yo"ng in so important a position%- he said& +What is it yo" want% please1- she asked once more% her tone cold with formality& ,ason said% +I want to know *"st why it was that Arlene Ferris asked her friend% ,adge Elwood% to get her a *o' here% and within a co"ple of days Arlene Ferris was at work% apparently 'y some order that was iss"ed directly from #oring #amont&Edith 2ristol lowered her eyes& +I)m s"re I co"ldn)t tell yo"%- she said& +3o" said yo" wanted to see the office manager&,ason nodded& +7erhaps he can tell yo"&+0e was on the witness stand%- ,ason said% +and he didn)t seem to ha e any idea e!cept that she had 'een p"t to work on direct orders of #oring #amont& I think someone else can tell me why #oring #amont took the tro"'le to inter ene& Can yo" tell me that1She slowly shook her head& +I am afraid there)s not ery m"ch I can tell yo"% ,r& ,ason& I know that occasionally persons were employed 'eca"se of certain personal contacts& ,iss Elwood% I 'elie e% worked here for some two years and her work was ery highly tho"ght of& 9id yo" intend to ask the office manager1+I did%- ,ason said& +7erhaps we)d 'etter get him in here&Edith 2ristol picked "p a telephone and said% +Connect me with George Al'ert% please&After a moment% she said% +,r& Al'ert% ,r& 7erry ,ason% the attorney% is here in the office& 0e is accompanied 'y ,iss 9ella Street% his secretary% who is apparently prepared to take notes& ,r& ,ason wants to know how it happened that Arlene Ferris was employed witho"t going thro"gh the "s"al channels in the personnel department% and wants to know how it happened that ,adge Elwood was a'le to 'ring to 'ear eno"gh infl"ence to ha e ,iss Ferris p"t on ahead of the waiting list& Wo"ld yo" mind coming to my office and answering ,r& ,ason)s ("estions1 3es% right away% please&She h"ng "p the phone% smiled at ,ason and said% +7erhaps we can get the matter clarified% ,r& ,ason& I)m ("ite certain that no directi e came thro"gh this office& In other words% ,r& 6ar is 7& #amont knew nothing a'o"t it% therefore I know nothing a'o"t it& 3o" will "nderstand

that ,r& #amont% Senior% has not 'een in the office since he learned of his son)s m"rder& 0owe er% I ha e 'een his secretary for some two years and I can ass"re yo" that any preferential treatment gi en ,iss Ferris was not 'eca"se of any directi e iss"ed 'y him&,ason% frowning tho"ghtf"lly% nodded& 0is manner was completely preocc"pied& They sat silently for a few moments% waiting for George Al'ert ,ason stirred "neasily% looked toward the door% then 'ack at Edith 2ristol& +I)d like to know a little a'o"t how #oring #amont li ed%- he said& +0e didn)t li e with his father1+.o&+0e had an apartment of his own1+3es&+That was at IJAF Endicott Way1+3es&+0e had perhaps a cook% a ho"sekeeper% a Filipino 'oy1+.o&+Then he m"st ha e eaten o"t a good deal of the time&+I wo"ldn)t know&+0e took an acti e part in the '"siness here1+3es&+9id he ha e any partic"lar position in the firm1+;ice president&+0e tra eled ("ite a 'it1+And% I take it% he and his father were fond of each other1+3es&,ason smiled& +3o" don)t seem to ol"nteer m"ch in the way of information&+I)m not 'eing paid to ol"nteer information% ,r& ,ason& I don)t e en know whether ,r& 6ar is 7& #amont is going to appro e of this meeting&The door of the office was p"shed open& George Al'ert entered the room% smiled a greeting at 7erry ,ason% then glanced ("ickly at Edith 2ristol& +3o" know ,r& Al'ert%- Edith 2ristol said& +I) e met him in co"rt%- 7erry ,ason said& +This is 9ella Street% my secretary& I want to get some information a'o"t Arlene Ferris and how she got her *o'&+I)m afraid I can)t tell yo" ery m"ch more than I told yo" on the witness stand&-

+I think yo" can%- ,ason said& +It certainly wasn)t the c"stom for #oring #amont to intercede personally in connection with *o's in the '"siness& There was a personnel department% and I take it the hiring was in the hands of the personnel department&+3es&+3et in the case of Arlene Ferris% #oring #amont iss"ed a directi e&+That)s right&+.ow then%- ,ason said% +it seems that Arlene Ferris went to her friend% ,adge Elwood% that ,adge had worked here at one time and ,adge was the point of contact&+That co"ld well 'e%- Al'ert said& +What do yo" mean 'y that1+I mean that ,iss Elwood co"ld ery well ha e telephoned #oring #amont and asked him to p"t Arlene Ferris on the payroll&+And #oring #amont wo"ld ha e done it1+0e did it% didn)t he1+9o yo" know that ,adge Elwood telephoned him1+I don)t "now it% no& I)m only drawing concl"sions from what yo" yo"rself ha e said& After all% yo")re Arlene Ferris) attorney& She m"st ha e told yo" how she got the *o'&+7erhaps she doesn)t know%- ,ason said& Al'ert shr"gged his sho"lders& +3et%- ,ason said% +knowing that Arlene Ferris was% so to speak% "nder the protection of one of the 'ig e!ec"ti es of the company% yo" had no hesitancy a'o"t firing her&+I try to keep efficiency in the office% ,r& ,ason& That)s my *o'& I can)t let some yo"ng woman ind"lge in imp"dence simply 'eca"se she may 'e friendly with one of the #amonts& They don)t pay me to r"n an office that way&+When did yo" first know Arlene Ferris was coming to work1+#oring #amont told me&+What did he say1+0e handed me a folded slip of paper& That was 'efore he left for So"th America& The name Arlene Ferris was on it& 0e said% T"t her to work as an e!pert stenographer at the top salary we pay&)+So Arlene went to work witho"t any test% as far as yo" know% and started drawing top pay right at the start1+I 'elie e those are the facts&+And yo" don)t know any more a'o"t the sit"ation than that1-

+That)s all&+0ad that e er happened 'efore with anyone else1- ,ason asked& +In other words% had anyone else e er 'een p"t to work in e!actly that way1+The applications are reg"larly channeled thro"gh personnel&+I)m not asking a'o"t reg"lar applicants& I)m asking if this partic"lar thing had e er happened 'efore&Al'ert said% +I wo"ld ha e to cons"lt the records% and & & & + +@"it hedging%- ,ason said& +I)m going to call yo" 'ack to the witness stand if I ha e to& .ow% there)s something f"nny going on here&+What do yo" mean1- Al'ert asked% drawing himself "p 'elligerently& +3o" know what I mean%- ,ason said& +3o")re stalling aro"nd& 3o")re co ering "p% 'oth of yo"& When ,iss 2ristol asked yo" to come in here% she didn)t pick "p the phone and say to the operator% 4Ask George Al'ert to come in here&) Instead% she asked for yo" personally on the phone% then when she got yo" she didn)t say% 4Can yo" come into my office for a min"te%) '"t she went on to tell yo" all a'o"t ,r& 7erry ,ason% the attorney% 'eing in the office% all a'o"t what I wanted% all a'o"t my secretary 'eing with me& E en then yo" didn)t come in here right away& 3o" stopped to think things o er and ha e the answers ready& +.ow let)s ("it stalling aro"nd on this thing& 0ow many other people came to work in this office 'eca"se of directi es of #oring #amont1+I only know of one%- Al'ert said& +Who1+,adge Elwood&+George:- Edith 2ristol e!claimed% her oice a whiplash of sharp re'"ke& +I can)t help it%- Al'ert said& +What)s the "se of stalling1 3o" ha en)t seen him in co"rt& I ha e& 0e)d do e!actly what he said& 0e)d get me in co"rt and 'ring it o"t on the witness stand&+What I want to know%- ,ason said% t"rning to Edith 2ristol% +is why you were trying to keep that "nder co er&Edith 2ristol said coldly% +I think% ,r& ,ason% we are going to terminate this inter iew& 3o" now ha e the information yo" want& I may state that yo" ha e all the information we can gi e yo"&+All right%- ,ason said% +if yo" want to p"t it that way% we)ll p"t it that way&0e whipped two doc"ments from his pocket% handed one to Edith 2ristol% one to George Al'ert& +What are those1- Edith 2ristol asked&

+S"'poenas to appear in co"rt at ten o)clock tomorrow morning in the case of the 7eople ers"s Arlene Ferris% and testify on 'ehalf of the defendant as defense witnesses%- ,ason said& +I)ll e!pect to see yo" there& I)ll res"me my interrogations at that time& Good afternoon&,ason and 9ella Street left the office& +.ow what1- 9ella Street asked& +First we telephone 7a"l 9rake and see what he)s learned%- ,ason said& +There)s a telephone 'ooth there on the sidewalk&9ella Street p"t thro"gh the call% got 7a"l 9rake on the line% then motioned e!citedly to 7erry ,ason& +7a"l has something on Otto <eswick%- she said& +0e)s checked on <eswick)s ali'i&She e!tended the recei er to ,ason% who entered the telephone 'ooth& +0ello% 7a"l& What is it1- ,ason asked& +A co"ple of things%- 9rake said& +I checked "p with ,rs& Arth"r 7arks% who has the ho"se where Otto <eswick rooms& <eswick was correct in saying he does odd *o's aro"nd the place in order to earn his room rent& +On the night of the fifth they were watching tele ision all right% '"t ,rs& Sparks wasn)t with him after se en-thirty& She sat and watched teleision with him "ntil then& 2"t she had a splitting headache and went to 'ed& She says that <eswick could ha e gone o"t% altho"gh she doesn)t think so& She knows that he kept the tele ision on 'eca"se she co"ldn)t get into a really so"nd sleep& She wo"ld do/e off for a while% then snap wide awake& She heard the tele ision e ery time she wakened& Finally it was t"rned off at ten-thirty% 'eca"se she remem'ers the program finishing& 2"t that doesn)t mean that she can testify <eswick was there 'etween se en-thirty and ten-thirty&+I see%- ,ason said tho"ghtf"lly& +.ow then%- 9rake went on% +here)s something else& A fellow who has the ad*oining piece of property on the north has a nice little ca'in on the property& 0e works as a 'ookkeeper and the #amonts don)t consider him in their social class at all& In other words% they aren)t neigh'orly& 0e may ha e a slight resentment on acco"nt of that& It)s hard to tell& Anyway% he had c"t a road on the so"th side of this property& That side ad*oins the #amont property on the north& #ast year some storm water ran down this new road and washed a ditch& That ditch had thrown water on the #amont property and they threatened to s"e him&

+On the night of the fifth% knowing that it had started to rain% this fellow was a little concerned a'o"t whether the em'ankments he had thrown "p wo"ld keep the water o"t of the road and off the #amont property& 0e went o"t *"st to make certain& 0e says that shortly after he t"rned into his property and had switched o"t the lights on his car% another car came along the road and went thro"gh the gate at the #amont property& .ow% he says that the gate was open5that the car dro e slowly thro"gh and came to a stop% that he knows the car dri en 'y Otto <eswick% that it has a pec"liar piston slap% and he)s positi e this was <eswick)s car& 0e says he heard oices% and he thinks he heard the oice of Sadie $ichmond% '"t he can)t swear to it&+What)s his name1- ,ason asked& +George 2anning&+.ow% that)s terri'ly important%- ,ason said& +I want to talk with 2anning and I want to ha e him s"'poenaed as a witness for the defense& I want him in co"rt tomorrow morning&+I) e already ser ed a s"'poena on him%- 9rake said% +and I) e made arrangements for him to attend& I) e fi!ed it "p so he doesn)t feel sore at all% '"t is going to testify to what he knows& I think he)s a little 'it pee ed at the #amonts&+0ow long did this car stay on the place1- ,ason asked& +0e doesn)t know& 2anning *"st looked aro"nd eno"gh to make s"re that his new drainage system was keeping the water o"t of the road and sending it on down to the east% so that it wo"ld miss the #amont property entirely& The water had already 'eg"n to wash a channel& 0e stayed only long eno"gh to check on that and then dro e 'ack to the city& +0e says lights were on in the #amont lodge the entire time he was there% and that lights were on when he left& 0e also says the gate m"st ha e 'een open% 'eca"se the car didn)t stop at the gate% and he knows that an a"tomo'ile was in there when he dro e o"t&+What time was it1- ,ason asked& +0e can)t fi! the time e!actly& It was right aro"nd se en-thirty to se en-forty-fi e&,ason said% +Okay% 7a"l% I think we) e hit pay dirt& That indicates Otto <eswick was lying& That last check for fi e h"ndred dollars m"st ha e 'een made to <eswick& I think he failed to present it at the 'ank 'eca"se he knew #oring #amont was dead and therefore the check was al"eless&+And why did #amont do s"ch a h"rried *o' on the check st"'1-

+2eca"se%- ,ason said% +he & & & damn it% 7a"l% there)s only one reason for him to do s"ch a h"rried *o' on that check st"' and that)s 'eca"se he was in a h"rry&+I)ll keep digging%- 9rake said& +9o that%- ,ason told him& +.ow% here)s something else% 7a"l& I told ,adge Elwood to 'e in co"rt this afternoon& She didn)t show "p& I)m going to r"n down to Santa ,onica and see if I can contact her at her apartment% '"t I wish yo")d start looking aro"nd a 'it and see if yo" can pick her "p&+And if I do1- 9rake asked& +Throw a tail on her&+Okay% will do%- 9rake said% and h"ng "p&

Chapter Thirteen
,ason and 9ella Street dro e in silence "ntil they reached the <elsington Apartments& ,ason rang ,adge Elwood)s apartment repeatedly% got no answer& 0e then went to the manager& She was a middle-aged% capa'le-looking woman& +I)m trying to get in to"ch with ,adge Elwood%- he said& +It)s ery important& She doesn)t seem to 'e in% '"t I wo"ld like to check and make certain&+I don)t think she)s in%- the manager said& +I saw her lea ing this afternoon& She had two s"itcases& Apparently she)s going someplace and intending to 'e away for some time& 0a e yo" in("ired at the place where she works1+9o yo" know the place where she works1- ,ason asked& +.o& She has a secretarial *o' here somewhere with an ad ertising firm 5anyway% they)d 'e closed now& I)m sorry I can)t gi e yo" any help&+Wo"ld it 'e possi'le for yo" to "se yo"r passkey and *"st take a ("ick look in the apartment to see if she)s & & & + The manager shook her head& +I)m sorry& We don)t pry into the affairs of tenants& They pay their rent& They come and they go as they please& We try not to take an "nd"e interest in what they do% and we are ery caref"l not to gi e o"t information& I may ha e told yo" too m"ch already% '"t5I recogni/ed yo"% of co"rse% from yo"r photographs and I know yo")re interested in a case in which ,iss Elwood is in ol ed in some way% so I tho"ght it wo"ld 'e all right to tell yo" that she took two s"itcases

and left&+Thanks a lot%- ,ason said& +9o yo" know whether she dro e off in her car or whether she took a ta!ica'1+I)m s"re I co"ldn)t tell yo" that& I *"st happened to see her coming o"t of the ele ator with these two s"itcases& They were too hea y for her to carry 'oth at once% so she took them o"t one at a time& I g"ess that m"st mean she went somewhere in her own car& If she had gone in a ca'% the ca'dri er wo"ld ha e picked "p one of the s"itcases&,ason said% +9o me one more fa or& 9oes she pay her rent 'y check or with cash1+2y check&+And do yo" remem'er the 'ank1She said% +There)s no reason why I sho"ldn)t tell yo" that% I g"ess& 0er acco"nt is in the neigh'orhood 'ank right aro"nd the corner& It caters to office workers and stays open "ntil se en-thirty e ery night e!cept Sat"rday&+3o" say it)s aro"nd the corner1+Go to the right as yo" lea e the apartment% t"rn right again at the first corner and it)s midway in the 'lock&+Thanks a lot%- ,ason said& 0e and 9ella Street left the apartment and went to the 'ank& +I want to talk with the manager%- 7erry ,ason said& +It)s a matter of some importance& ,y name is 7erry ,ason% I)m a lawyer% and & & & + +Oh% yes& 6"st a min"te& If yo")ll step right this way% please% and wait for *"st a few min"tes&,ason followed the yo"ng woman into an office% waited some two min"tes and was then introd"ced to the manager of the 'ank as he came '"stling in& +What can I do for yo"% ,r& ,ason1- the manager asked& ,ason said% +This is perhaps a little irreg"lar% '"t I can ass"re yo" that it)s highly important& I want to know something a'o"t the stat"s of ,adge Elwood)s acco"nt&The manager shook his head& +I)m sorry& We can)t gi e o"t any information of that sort&,ason said% +I)m ery m"ch concerned 'eca"se I ha e reason to 'elie e she cashed a check this afternoon and I think the check may ha e 'een a forgery&+Well% of co"rse% thats different%- the manager said& +We)re always interested in detecting forgeries&-

+If yo")ll cons"lt yo"r records%- ,ason said% +I think yo")ll find that the check she cashed this afternoon is worthless& I)d like to get in to"ch with her 'efore she draws on the acco"nt&+6"st a moment%- the manager said% his oice showing great concern& +3o" wait right here% ,r& ,ason&When the manager had left% 9ella Street glanced ("i//ically at the lawyer& +What makes yo" think she cashed a check this afternoon1+If she)s going someplace she needs cash%- ,ason said& +Then why wo"ldn)t she simply make a withdrawal from her acco"nt1+She wo"ld& In that case% the 'ank manager will let "s know% either 'y telling "s so% or else 'y inad ertently letting the cat o"t of the 'ag& 0e)ll come 'ack and say% 43o")re mistaken% ,r& ,ason& The only check which went thro"gh her acco"nt this afternoon was her own check&)9ella Street nodded& +On the other hand%- ,ason said% +if someone has financed her flight% there)s *"st a chance we)ll find o"t who that someone is&9ella Street tho"ght the sit"ation o er and smiled& +It)s what yo" call a daring approach and a direct approach&+Those approaches sometimes pay off%- ,ason said& +2ear in mind that in this case we)re dealing with a 'ranch 'ank that caters to payroll deposits& It pro'a'ly has ery few large transactions and the manager wo"ld 'e partic"larly em'arrassed if he s"stained any loss thro"gh a forgery& 0e & & & + ,ason 'roke off a'r"ptly as the manager% looking ery dist"r'ed% reentered the office& +,r& ,ason%- he said% +this is highly "n"s"al and highly irreg"lar& Can yo" tell me what makes yo" 'elie e that the check was forged1+Frankly% I cannot%- ,ason said& +I ha e reason to 'elie e% howe er% that she% in all innocence% may ha e cashed a check which was a forgery& If there was s"ch a transaction% I s"ggest yo" take steps to erify the check&The manager said% +6"st a min"te&- 0e once more left the office% then came 'ack and seated himself at the desk& 0is face was ery plainly worried& After a moment% the phone rang& The manager picked "p the phone% ga e his name and position% said% +I am in("iring a'o"t a check which was cashed this afternoon 'y ,adge Elwood& The transaction is a little o"t of the ordinary& The check is rather large and I wo"ld like to erify it& Is it possi'le for me to reach ,r& 6ar is

7& #amont1The 'anker was silent% listening for a few min"tes% then a'r"ptly the look of worry left his face& +Well% thank yo" ery m"ch%- he said& +I was *"st checking% that)s all & & & no% thank yo" & & & no% not at all& 3o" see% we)re rather a small 'ranch 'ank here and the transaction was "n"s"al & & & yes% thank yo" ery m"ch& I)m sorry I 'othered yo"% Good-'y&0e h"ng "p the phone and smiled at ,ason& +.o% ,r& ,ason%- he said% +the check was ("ite all right% so there)s nothing for either of "s to worry a'o"t&,ason let his face 'reak into a 'ig smile of relief& +Well%- he said% +that)s something: I)m ery glad to learn that& I & & & + +Co"ld yo" tell me what ca"sed yo" to 'elie e the check might 'e forged1- the 'anker asked& +I)m sorry%- ,ason said& +It e idently was a mis"nderstanding all aro"nd& 3o" know how annoying these anonymo"s tips can 'e& I)m s"re yo" m"st ha e had e!perience with them&+I "nderstand%- the 'anker said& +It)s ("ite all right& I talked with the personal secretary of the man who signed the check and it)s good as gold& She knows all a'o"t it&+Thanks a lot%- ,ason said% shaking hands& +I)m sorry I 'othered yo"% and% "nder the circ"mstances% I)d appreciate it if yo" didn)t mention this to anyone&+Indeed I won)t%- the 'anker said& +We keep all of o"r transactions entirely confidential& Good afternoon% ,r& ,ason&The 'anker escorted them to the door of his office& O"tside in the street% 9ella Street and 7erry ,ason e!changed glances& +Well%- ,ason said% as he walked 'ack to the place where he had parked his car% +the plot 'egins to thicken&+I)ll say it thickens%- 9ella Street said& +That do"'le-crossing Edith 2ristol: She knew all along a'o"t that check and & & & '"t why was it gi en1+The answer to that is o' io"s%- ,ason said& +The check was gi en to ,adge Elwood 'eca"se 6ar is 7& #amont wanted her o"t of town5so now we ask o"rsel es why he wanted her o"t of town& And the answer is that% in all pro'a'ility% he was afraid I was going to p"t her on the witness stand& +So now we ha e a 'ea"tif"l p"//le% 9ella& #et)s try to reason it o"t&+Where do we 'egin1- 9ella Street asked&

+We start where we sho"ld ha e started in the first place%- ,ason said% +with #oring #amont&9ella Street regarded him with a p"//led e!pression& +I don)t get it& +In order to know what happened% we ha e to find o"t what forces were at work& .ow% let)s for the moment ass"me that Arlene Ferris is telling the tr"th& .ow% what wo"ld ha e happened after she left1+What do yo" mean1+What wo"ld #oring #amont ha e done1+If she is telling the tr"th%- 9ella Street said tho"ghtf"lly% +there is only one thing he co"ld ha e done& 0e t"rned aro"nd and walked 'ack to the r"stic lodge& 0e went in and ate the ham and eggs% and & & & + +Two plates1- ,ason asked& +Well%- 9ella Street said% +he could ha e thrown one down the gar'age disposal&+E!actly%- ,ason said& +Why not two1 0e was hardly in a mood for cold ham and eggs& 2"t he was in the mood for a n"m'er of other things&9ella Street nodded& +Go on&+0e wanted a drink% he wanted dry clothes% he wanted feminine companionship% and% nat"rally% he wanted transportation 'ack to town&+So he called someone who co"ld gi e him the things he wanted1,ason nodded& +Who1- she asked& +Take a g"ess%- ,ason said& She shook her head& +There was only one person it co"ld ha e 'een%- ,ason said& +The facts are plain as day&+Who1+,adge Elwood&9ella Street looked at him% started to say something% ca"ght herself& Slowly her eyes widened& +Then%- she said% +then it was & & & it really was ,adge Elwood that 6erome 0enley saw getting o"t of the car1+S"re% it was ,adge Elwood%- ,ason said& +.otice that ,adge Elwood had p"ll& All she had to do was pick "p the phone and say% A want a *o' for my friend% Arlene Ferris&) Immediately #oring #amont went to George Al'ert and said% 4We)re p"tting a new stenographer to work& 0er name is Arlene Ferris and she)s to draw top salary& She won)t come to yo" thro"gh the personnel department& She)ll come to yo" thro"gh me& That)s all the a"thori/ation yo" need& 7"t her to work&) +That happened in ,adge Elwood)s case and it happened in Arlene

Ferris) case& +So%- ,ason went on% +after #oring #amont got 'ack to the lodge he picked "p the telephone and called ,adge Elwood& 0e said% 4,adge% yo"r friend t"rned o"t to 'e a nasty-tempered pr"de& What the de il did yo" mean 'y getting me mi!ed "p with a girl of that sort1 .ow she)s stolen my car and made off with it& Go to my apartment% get me some dry clothes% some shoes and get o"t here fast&9ella Street nodded& +So ,adge Elwood took his car and dro e o"t there with the dry things and & & & wait a min"te% Chief& There)s something wrong with that&+What1+0ow co"ld ,adge Elwood ha e known his car was parked in front of his apartment1 0ow co"ld #oring #amont ha e told her where it was1+$emem'er%- ,ason said% +that as soon as Arlene got 'ack to her apartment she called ,adge and told her all a'o"t how #oring #amont had t"rned into a rapacio"s wolf and that she)d taken his car% left him stranded% and had parked his car in front of a firepl"g where he co"ld pay some fines on it&+That)s right:- 9ella Street e!claimed& +2"t isn)t there a conflict in the time element1,ason ga e the matter some tho"ght& +,adge pro'a'ly got the call from #oring #amont% then decided to doll herself "p 'efore going to the lodge& She pro'a'ly was p"tting on the finishing to"ches when she recei ed Arlene)s call&+That wo"ld make it work o"t *"st a'o"t right%- 9ella Street said% +'"t it pres"pposes a ery intimate relationship 'etween ,adge and #oring #amont&+S"ch things ha e 'een known to happen%- ,ason said& +Then that wo"ld e!plain a lot of things%- 9ella Street said& ,ason nodded& +And that)s why they)re so an!io"s to keep 7eter #yons off the witness stand& 0e)ll testify that he p"t a tag on the car% all right% at perhaps aro"nd nine o)clock& 2"t he)ll also testify that later on he looked for the car and didn)t see it& .ow% that doesn)t fit in with the prosec"tion)s theory of the case% so they don)t want to 'ring that fact o"t& They)re perfectly willing to state to the Co"rt that he wo"ld testify that he fo"nd the car parked in front of a firepl"g at nine o)clock and he tagged it& They want his testimony to stop right there& They don)t want him stating that after that he looked for the car and co"ldn)t find it&+Then what happened1- 9ella Street asked& +,adge Elwood m"st

ha e gone on o"t to the lodge&+She went o"t there%- ,ason said& +She ga e him his dry clothes% and then% for some reason or other% they got into ("ite an arg"ment% and in the co"rse of that arg"ment% ,adge gra''ed a knife and pl"nged it into his 'ack& +7rior to that time% he had pro'a'ly so"ght to solace his in*"red masc"line feelings and he)d cooked "p a fresh 'atch of ham and eggs& 0e and ,adge Elwood had eaten the ham and eggs% and then the fight started& +So then ,adge Elwood fo"nd herself with a corpse on her hands and s"ddenly decided to play it smart& She knew that Arlene Ferris had 'een o"t there and had had a fight with him& She knew e!actly what had happened 'eca"se she had the story 'oth from #oring #amont)s lips and from Arlene)s phone call& So all she had to do was to take the car 'ack and lea e it e!actly where Arlene Ferris had parked it and go on 'ack to her apartment and pretend to 'e innocent& +0ow she m"st ha e la"ghed at me when I came to her and tried to get her co-operation in clearing Arlene& She was smart eno"gh to play right into my hands% keep a poker face and keep her mo"th sh"t&+And 6erome 0enley saw her when she was getting o"t of the car& 2"t the police talked him o"t of that identification%- 9ella Street said& ,ason nodded& +And it wasn)t at ten&+Of co"rse not%- ,ason said& +E erything a'o"t it indicates that it was later% '"t I made the mistake of not ("estioning the time element the way I sho"ld ha e 'eca"se I knew that Arlene Ferris had dri en the car "p to the c"r' and parked it in front of the firepl"g prior to nine o)clock5it had to 'e prior to nine 'eca"se 7eter #yons p"t a tag on the car then&+And now1- 9ella Street asked& +.ow%- ,ason said% +we)re going to find ,adge Elwood& We)re going to force her to make a confession&+0ow are we going to do that1+2y lowering the 'oom on her%- ,ason said& +We)ll show that we know e!actly what happened& We)ll tell her that 6erome 0enley act"ally saw her&+2"t what a'o"t 0enley1 Will he co-operate1,ason said% +0e)s angry and em'arrassed& .o man likes to ha e someone make a fool of him& 0e tho"ght that I had made a fool of him& 7olice con inced him that I had r"ng a ringer in on him% that I had s"'sti-

t"ted ,adge Elwood for Arlene Ferris% that Arlene was the girl he had act"ally seen& They showed him pict"res% they ga e him a '"ild"p and finally con inced 0enley& Act"ally% his first impression was the correct one& It had 'een ,adge Elwood he had seen& 0e may 'e too conf"sed now to remem'er anything clearly&+Can we e!pect anything from him1- 9ella Street asked& +I don)t know%- ,ason said& +I can go o"t and p"t my cards on the ta'le& I can tell him what happened and then we)ll see if he)ll co-operate&+9o we do that ne!t1+.o%- ,ason said& +We try to get some physical e idence ne!t&+S"ch as what1,ason said% +,adge Elwood took some dry clothes and shoes o"t to the lodge& #oring #amont p"t them on& The tro"sers he had taken off% which were soaking wet% the shoes he had taken off% which were wet and m"ddy% were not left at the lodge& Therefore% someone m"st ha e p"t them in a car and taken them away5pro'a'ly it was ,adge Elwood& 3et they weren)t in the car when she parked it&+Therefore1- 9ella Street asked& +Therefore%- ,ason said% +she took the things o"t and did something with them& 7ro'a'ly she transferred them to her own car& .ow% what wo"ld she ha e done with them1+They may still 'e in her car&+They may 'e in her car%- ,ason said% +and they may 'e in her garage& She pro'a'ly dro e her car into the garage& She may ha e taken o"t the tro"sers and the shoes& There)s *"st one chance in ten that she did& 7erhaps the chances are 'etter than that& It may 'e an e en-money chance&+9o yo" s"ppose we can get in1+We may 'e a'le to%- ,ason said& +If her car is o"t of the garage% the garage may well 'e "nlocked&+And what a'o"t 6& 7& #amont1+6&7& has a pretty good idea what happened%- ,ason said& +0e doesn)t want Arlene to tell her story% and he doesn)t want to ha e that story corro'orated 'y ,adge Elwood& Therefore% he)s gi en ,adge Elwood some sort of a 'on"s to get o"t of circ"lation and keep o"t of circ"lation "ntil the case is finished&+2"t what a'o"t Otto <eswick and Sadie $ichmond1+.ow there%- ,ason said% +we ha e an interesting sit"ation& 2ear in mind the phone call that #oring #amont recei ed there at the lodge *"st

after the 'isc"its had 'een taken o"t of the o en and he and Arlene were ready to sit down to eat& It was a call which ca"sed him to change his entire plan of operations& +That call was pro'a'ly from Otto <eswick& <eswick and Sadie $ichmond m"st ha e some sort of a partnership& It wo"ld 'e strange if% with #oring)s nat"re% they didn)t ha e some sort of a hold on him% something that wo"ld ena'le them to shake him down for a little 'lackmail when they needed the money& +So <eswick telephoned and said% 4#ook% #oring% Sadie and I need some money& We want fi e h"ndred '"cks& We want it tonight& We)re coming o er to get it& I)ll 'e there in half or three-("arters of an ho"r&)+Co"ldn)t #amont ha e told him to wait an ho"r or so1- 9ella Street asked& +0e may ha e tried to%- ,ason said& +We don)t know what he said o er the telephone% '"t we ha e a pretty good idea that <eswick and Sadie $ichmond went o"t there& #oring #amont knew they were coming% and so #amont forgot all a'o"t the s"pper and the walt/ing to the hi-fi and the sed"cti e approach he had planned& 0e 'ecame crisply '"sinesslike and efficient& 0e wanted what he wanted% and he wanted it 'efore <eswick and Sadie $ichmond got o"t there&+And then the came o"t1+They came o"t after Arlene Ferris had gone home%- ,ason said& +They got a check from #oring #amont% '"t 'y that time #oring #amont was an!io"s to get rid of them 'eca"se ,adge Elwood was on her way o"t% and he wanted to get Otto <eswick and Sadie $ichmond off the place 'efore ,adge arri ed&+9arned if it doesn)t so"nd logical%- 9ella Street said% e!citement in her oice& +So%- ,ason said% +we ha e three people who know that #oring #amont was ali e after Arlene Ferris left& We ha e ,adge Elwood% we ha e Otto <eswick and we ha e Sadie $ichmond&+And none of them will want to in ol e themsel es 'y testify-mg& +.one of them will want to 'ecome in ol ed%- ,ason said& +#ook here% did Sadie and Otto get into a fight with him and & & & 1,ason shook his head& +$emem'er the fresh clothes& 0e didn)t get those fresh clothes "ntil after ,adge Elwood arri ed with his car&9ella Street tho"ght it o er% then 'ecame s"ddenly *"'ilant& +Chief%she said% +it all adds together: It fits into a perfect pict"re& 3o" can 'low the case into smithereens tomorrow morning and get Arlene Ferris

ac("itted& +I can% if I can get the testimony%- ,ason said& +2"t remem'er thisC E ery one of those witnesses has lied or will lie& We can co"nt on no cooperation from the a"thorities& We)re going to ha e to dig "p the e idence o"rsel es% and we don)t ha e ery m"ch time to do it&+And we start with ,adge Elwood)s garage1- ,ason nodded& +Illegal1- she asked& +That depends%- ,ason said& +If there)s no lock on the door and we can simply open the door and walk in% we may 'e g"ilty of trespass% '"t we won)t 'e g"ilty of '"rglary& We won)t enter the place with felonio"s intent& We)ll enter it for the p"rpose of disco ering e idence&+3o" don)t think we co"ld ring "p #ie"tenant Tragg and & & & 1- ,ason interr"pted her 'y shaking his head& +Tragg wo"ld la"gh at "s&+All right%- she said% +let)s go& I)m game&+There)s no reason for yo" to go in%- ,ason said& +3o" can sit in the car&She said angrily% +What do yo" take me for1 If yo")re going to take risks% I)m going to take them right along with yo"& In case yo" do find anything% yo")re going to need a witness% someone to corro'orate yo"r testimony& As a matter of fact% 'eca"se yo")re the attorney for Arlene Ferris% yo" won)t want to get on the stand yo"rself& 3o")d prefer to call me as a witness and then corro'orate my testimony if circ"mstances made it necessary to do so&+3o" win%- ,ason said& +#et)s go&They dro e 'ack to the apartment ho"se& ,ason t"rned at the entrance to the garages& +The garages are n"m'ered%- 9ella Street said% +and there are cards to the right of each door&They fo"nd ,adge Elwood)s garage& ,ason tried the door& It was "nlocked& +I think we)d 'etter dri e o"r car in here% 9ella%- he said& +If we lea e it o"tside and are prowling aro"nd it may attract attention& I)ll dri e in and then we)ll close the door 'ehind "s and t"rn on the lights&,ason dro e the car into the garage& They closed the door& ,ason fo"nd the light switch and t"rned it on& 9ella Street said% +I)ll take this side of the garage& 3o" take the other side and we)ll see what we can find5there)s certainly a collection of *"nk here% a co"ple of old 'attered s"itcases% a steamer tr"nk and a co"ple of tires&-

,ason said% +The things we want may 'e in the tr"nk or the s"itcase& 0ow a'o"t that tr"nk% 9ella1 Is it locked19ella Street tried the tr"nk and nodded& +It)s locked%- she said& ,ason said spec"lati ely% +I don)t know whether we dare to go and ask for a search warrant or not5yo" see% 9ella% so far we)re working on s"rmise& We may ha e a pretty good idea what happened% '"t I)d like to get something positi e to go on&,ason pa"sed to sniff the atmosphere in the garage& +It has that m"sty% mildewed smell 'each places ha e that ha e 'een kept closed "p%he said& +I wonder if & & & + 0e 'roke off a'r"ptly& 9ella Street said% with alarm in her oice% +Chief:,ason p"t his finger to his lips for silence& A car came to a stop *"st o"tside the garage door& ,ason and 9ella Street stood perfectly still& A'r"ptly the door was fl"ng open& George Al'ert started to walk in% then recoiled with sheer s"rprise as he saw the car in the garage% saw ,ason and 9ella Street standing there& #t& Tragg% who had 'een riding in Al'ert)s car% opened the door and got o"t& +Well% well%- he said% +we seem to ha e st"m'led on something of a *ackpot% Al'ert&George Al'ert said indignantly% +I told yo" they)d 'e trying to plant e idence& I want these people arrested% #ie"tenant&+On what gro"nds1- ,ason asked& +3o" know what gro"nds%- Al'ert said& +3o") e 'een trying to plant e idence here& 3o") e got some incriminating articles which were gi en yo" 'y Arlene Ferris% and yo")re trying to frame this thing on ,adge Elwood& 3o") e 'een trying to frame her right from the start& 3o" got one of her skirts and tore it and left a piece o"t on the 'ar'ed wire& 3o" left the skirt in Arlene Ferris) apartment& 3o") e done e erything yo" co"ld to plant e idence that wo"ld drag ,adge Elwood into this thing& +3o" had yo"r detecti e take pict"res of her and go to 6erome 0enley and try to 'am'oo/le him into thinking that it was ,adge he saw getting o"t of the car in front of the firepl"g& 3o" are now engaged in 'reaking into pri ate property and planting e idence&+We may 'e trespassing%- ,ason said% +'"t we aren)t 'reaking in and we aren)t planting anything& We)re in estigating&+It)s *"st as I told yo"% #ie"tenant%- George Al'ert said& +They)re

trying to drag ,adge into this thing& I want this garage searched% and I want it searched now% for the p"rpose of finding whate er articles these people ha e planted here& Arlene Ferris went to ,ason almost immediately after she killed #oring #amont% and ,ason has 'een planning to "se ,adge Elwood as a fall g"y e er since& .ow we) e ca"ght him redhanded&#t& Tragg regarded 7erry ,ason% slowly nodded& +We) e ca"ght him redhanded% Al'ert%- he said& +I don)t know *"st what the offense is that we) e ca"ght him at5we)ll let the district attorney "nscram'le that one&,ason said% +Tragg% can I talk with yo" for a moment in pri ate1Tragg shook his head& +The only talking yo")re going to do is to the district attorney&The officer t"rned to Al'ert& +.ow look% Al'ert%- he said% +I wo"ld ad ise yo" not to demand that we make an arrest& We) e ca"ght them here& That)s eno"gh& 3o" and I will search the garage& We)D go thro"gh it from stem to stern& If we find any articles that they) e planted we)ll t"rn those articles o er to the district attorney&+Well%- Al'ert said rel"ctantly% +I)m going to follow yo"r ad ice5as soon as I knew they)d 'een aro"nd making in("iries I felt certain they)d try to plant something& I)m glad I got yo" on the *o'N+I)m glad yo" got me on the *o'%- #t& Tragg said& +The district attorney is going to 'e glad yo" got me on the *o'& 2"t let)s "se o"r heads a little 'it&+Whate er yo" say% #ie"tenant&Tragg said to ,ason% +Al'ert will 'ack his car o"t of the way& 3o" and ,iss Street can lea e% 7erry&,ason said% +Tragg% I ha e reason to 'elie e there are some articles of e idence in this garage& 9on)t let anyone gi e yo" any false notions& Go ahead and find them&+And if yo" find them%- Al'ert said% +yo")ll know who p"t them here&+.e er mind the arg"ment%- Tragg said to Al'ert& +2ack yo"r car "p so they can get their car o"t& We)ll start searching&Al'ert got in his car% 'acked it o"t of the way& ,ason held his car door open for 9ella Street% walked aro"nd% got in 'eside her% 'acked the car o"t% t"rned it and dro e o"t to the highway& +Well1- 9ella Street asked& ,ason% his face grim% said% +There was a 'reak that went against "s&+0ow 'ad a 'reak1- she asked& +6"st a'o"t the worst 'reak we co"ld possi'ly get%- ,ason said& +If

they find anything they)ll swear that I planted it& 3o" can rest ass"red that 0amilton 2"rger% the district attorney% will take personal charge of the case if they find anything&+And it won)t co"nt against ,adge Elwood1- she asked& +.ot now%- ,ason said& +It will co"nt against Arlene Ferris&+2"t look% Chief% yo" and I can 'oth testify that & & & + +3o" and I can 'oth sho"t "ntil we)re 'lack in the face%- ,ason said& +O"r protestations will do no good& That)s the tro"'le with 'eing a citi/en who has no a"thority and trying to shortc"t the law&+2"t it wo"ldn)t ha e done a particle of good if yo")d gone to #ie"tenant Tragg or the district attorney or the police or anyone else%- 9ella Street said% almost crying& +3o" co"ld ha e told them yo"r s"spicions and they)d ha e la"ghed at yo"& They wo"ldn)t ha e done a thing&+I know%- ,ason said% +'"t right now we)re ca"ght% and ca"ght redhanded&+9oing what1- she asked& +That%- he said% +is where we ha e a chance& We)ll go to co"rt tomorrow& If 0amilton 2"rger% the district attorney% walks in to take charge of the case personally we)ll know that o"r ded"ctions were correct% that they ha e fo"nd some e idence and that we)re in *"st a'o"t the worst predicament we) e e er 'een ca"ght in&0er hand mo ed o"t to rest on his& +All right% Chief%- she said% +I)m in it with yo"& We)re together in the thing&,ason said grimly% +3o")re in it with me& We)re 'oth in the so"p& 2"t we aren)t going to stay there& We)re going to fight o"r way o"t&-

Chapter Fo"rteen
7recisely thirty seconds 'efore ten o)clock% 0amilton 2"rger% the district attorney% came striding into the co"rtroom% and% with a perf"nctory nod to 7erry ,ason% seated himself 'eside his dep"ty% 9onald Carson& A few seconds later% 6"dge Carleton 2ayton took his place on the 'ench& Co"rt was called to order% and the *"dge looked down at 9istrict Attorney 2"rger& +Was there something yo" wanted% ,r& 2"rger1- he asked& 2"rger arose& +.o% 3o"r 0onor& I am merely sitting in on the case of the 7eople ers"s Arlene Ferris&-

9espite himself% 6"dge 2ayton co"ldn)t control the e!pression of s"rprise& +I)m afraid I don)t "nderstand% ,r& 9istrict Attorney& This is a ro"tine preliminary e!amination which is all '"t concl"ded& There remains only a few min"tes of testimony this morning&+.e ertheless%- 2"rger said% +I am sitting in on the case& I may state to the Co"rt that I think there will 'e de elopments this morning which will change the entire comple!ion of the case& A matter has arisen since the ad*o"rnment of co"rt which my office feels calls for the most thoro"gh in estigation% and in iew of the fact that I may 'e called "pon to take action in the matter% I wish to cond"ct that in estigation personally&6"dge 2ayton% plainly p"//led% said% +;ery well& We will proceed with the case& .ow% as I "nderstand it% ,r& 7rosec"tor% the case had 'een contin"ed to this morning with the idea that 7eter #yons% the officer whose testimony on direct e!amination had 'een stip"lated 'y co"nsel% co"ld 'e cross-e!amined 'y the defense&+,ay I p"t it this way% 3o"r 0onor%- 9onald Carson said& +The 7eople had not act"ally rested their case% '"t had anno"nced their desire to do so& 0owe er% we are still p"tting on o"r case and we are not 'o"nd as to the witnesses we will call& 0owe er% the Co"rt is ("ite right in stating that yesterday afternoon it was agreed that 7eter #yons% a police officer who had placed the first illegal parking ticket on #oring #amont)s a"tomo'ile% wo"ld 'e present in co"rt so that he co"ld 'e cross-e!amined 'y the defense attorney& +,r& 7eter #yons is here% and I now ask him to take the stand5come forward and 'e sworn% ,r& #yons&7eter #yons% a man in his early thirties% with high cheek'ones% a crew hairc"t and lips set in a firm line of determination% came forward% held "p his hand% was sworn and took his place on the witness stand& 9onald Carson said% +,r& #yons% yo" are a police officer on the metropolitan force& 3o" were on d"ty d"ring the e ening of the fifth of this month% and yo" had occasion to p"t a tag for illegal parking on the a"tomo'ile registered in the name of #oring #amont% who is now deceased& 3o"r testimony on direct e!amination was stip"lated to% and this is the time fi!ed for cross-e!amination& ,r& ,ason will now cross-e!amine yo"&,ason arose and approached the witness& +,r& #yons% yo" p"t a tag on the #amont a"tomo'ile for illegal parking at a'o"t what time1+At a'o"t nine o)clock% according to my report&+Where was the car parked1-

+$ight in front of the firepl"g near the apartment ho"se at IJAF Endicott&+What time did yo" go on d"ty1+At fi e o)clock&+3o" were in a radio patrol car1+I was&+Ordinarily do yo" pay attention to illegal parking1+At times% '"t & & & well% yes& In case of what we might call a flagrant iolation% we iss"e a ticket& For instance% if a car is parked for a long time in front of a firepl"g or perhaps if it is parked in front of a dri eway we p"t on a ticket% then make it a point to swing 'ack aro"nd within the ne!t half ho"r or so% and if the car is still there% we radio in to the dispatcher to ha e a tow car come and tow it away&+3o"r district comprises the territory within which the #amont car was parked1+3es% of co"rse&+And yo" had 'een patrolling it since fi e o)clock in the afternoon1+3es% sir&+9id yo" get past this n"m'er on Endicott on an a erage of once an ho"r1+.ow as to that% it)s diffic"lt to say& Sometimes we)d come down Endicott Way% sometimes one of the other streets& We were patrolling the district&+2"t yo" did dri e along Endicott Way se eral times 'etween fi e o)clock% when yo" went on d"ty% and appro!imately nine o)clock% when yo" tagged the #amont car1+3es&+9"ring that time% on any of those trips% did yo" notice the #amont car parked in front of the fire hydrant1+Of co"rse%- #yons said% shifting his position on the witness stand% +we aren)t primarily interested in parking iolations% ,r& ,ason& Therefore% I wo"ldn)t 'e a'sol"tely positi e that & & & + +That)s not my ("estion%- ,ason said& +I asked yo" if yo" noticed the #amont car parked in front of the firepl"g prior to the time yo" ga e it the ticket&+.o% sir% I did not&+The first time yo" noticed it parked in front of the firepl"g yo" iss"ed a ticket1+3es& sir&-

+.ow% was there some reason why yo" were partic"larly interested in cars that were illegally parked in the territory1+There had 'een some complaint a'o"t illegal parking% and & & & well% yes% we had 'een instr"cted to keep an eye open for cars which were parked illegally& There was something of a dri e on to stop illegal parking in that district&+So that prior to nine o)clock on the e ening of the fifth% d"ring all of the times yo" had dri en along Endicott Way% yo" had 'een on the alert for cars that were illegally parked1The witness hesitated for se eral seconds% then said% +3es&+9o yo" remem'er how many other a"tomo'iles yo" tagged that night for illegal parking1+I think there were two&+Other than the #amont car1+3es&+.ow% yo" say there had 'een a pro'lem in regard to illegal parking in the icinity1+3es&+9o yo" know anything of the nat"re of that pro'lem1+There are three apartment ho"ses within three 'locks& They are rather large apartment ho"ses which do not ha e garages& There is a do"'le acant lot near one% which is "sed as a parking place for a"tomo'iles& As for the rest% cars are parked along the street% and after a'o"t si! or se en o)clock in the e ening the parking pro'lem 'ecomes ery ac"te& As a res"lt% many cars ha e 'een illegally parked and we ha e recei ed complaints&+3o" mean in front of fire hydrants1+Some of them were in front of fire hydrants& ,ost of the complaints% howe er% were for o'str"cting a dri eway& Some complaints were from the owners of cars parked in the lot where another car was parked so that it was impossi'le to mo e the car 'eca"se of the other car& There were n"mero"s complaints and we were asked to try and clear "p the sit"ation&+After nine o)clock yo" were on d"ty "ntil how late1+,idnight&+And yo" had occasion to dri e thro"gh the district se eral times after nine1+3es&+Was the #amont car still parked in front of the firepl"g1+I don)t know&-

+Why don)t yo" know1+2eca"se I didn)t act"ally see it% altho"gh I ass"me that it & & & + +.e er mind what yo" ass"me%- ,ason interr"pted& +#et)s talk a'o"t what yo" "now. +3es% sir&+9o yo" "now that the #amont car was parked in front of the firepl"g 'etween nine o)clock and midnight1+I don)t know it% no% sir&+9o yo" know that it wasn)t1The witness hesitated& +3es or no%- ,ason said& #yons scratched his head% finally 'l"rted% +I don)t think it was&+3o")re not certain1+3es% I)m certain5that is% I)m as near certain as can 'e&+What makes yo" certain1+I dro e past there shortly 'efore ele en o)clock% and I remem'er that *"st prior to making that swing aro"nd I made "p my mind that if the cars I had tagged hadn)t 'een mo ed I was going to phone in for a tow car and ha e them towed away 'efore I went off d"ty&+So yo" looked for the #amont car then1+.ow% ,r& ,ason% I want to 'e a'sol"tely fair& I remem'er that I had made "p my mind that if I saw these cars illegally parked after I had ticketed them% I was going to call in for a tow car&+And yo" didn)t see the #amont car illegally parked1+.o&+9id yo" look to see if it was still there1+Frankly% ,r& ,ason% I ha e forgotten the e!act se("ence of e ents& I know that a'o"t the time we got to the address on Endicott Way a report came in of a prowler at the other end of my district% and we p"t on speed and went to take that call& .ow% whether that call came in 'efore we had passed the location of the #amont car or afterwards I don)t know& Of co"rse% if that call had come in 'efore% there is a possi'ility that I wo"ldn)t ha e 'een as alert in regard to the illegal parking pro'lem& I am now trying to recall certain things that happened& At the time% there was nothing partic"larly "n"s"al a'o"t what was taking place& It is% therefore% simply a pro'lem of trying to recall ro"tine after a period of time& I)m sorry that I can)t 'e more specific& I ha e tried to 'e fair& I ha e disc"ssed this matter with the dep"ty district attorney and with my s"periors& I ha e cons"lted my notes& I ha e done the 'est I can% and I)m sorry that that is

the most definite answer I can make& 0owe er% it is my considered opinion that% at a'o"t ele en o)clock% the #amont car had 'een mo ed and was no longer in front of the firepl"g&+That)s yo"r 'est *"dgment1+That)s my 'est *"dgment&+.ow then%- ,ason said% +what can yo" tell "s a'o"t the other cars yo" tagged for illegal parking1#yons made a gest"re of throwing "p his hands& +.othing%- he said& +All I know is% I iss"ed tickets for illegal parking and t"rned the tickets in% in the "s"al co"rse of ro"tine& The cars were mo ed 'efore I made my final check"p& Therefore% I can)t tell yo" ery m"ch a'o"t them now& There has 'een no occasion for me to remem'er them or to refresh my recollection concerning them&+9o yo" know where they were parked or what the nat"re of the iolation was1+I remem'er that one of them was parked in front of a firepl"g% '"t I think the other was parked so it was partially 'locking a dri eway& I can)t 'e certain & & & no% wait a min"te& There was one car that was do"'leparked& I remem'er now% the motor was r"nning and the lights were on& Apparently the dri er had *"st stepped o"t for a min"te& I waited5oh% perhaps thirty seconds% and he didn)t show "p% so I tagged the car&+And then what1+I dro e down as far as the corner% then stopped my car and waited while I looked in my rear iew mirror to see if the car that was do"'leparked was 'eing dri en away& It was% so I didn)t pay any f"rther attention to it&+3o" went on aro"nd the corner and on a'o"t yo"r '"siness1+That)s right&,ason said% +If it hadn)t 'een for the fact that this #amont car was owned 'y a man who had 'een m"rdered on the date yo" tagged the car for illegal parking? if it hadn)t 'een that yo"r 'rother officers% who came on d"ty after yo" went off d"ty% ass"red yo" that the car was illegally parked all dining the night in e!actly the same place where yo" had tagged it? yo" wo"ldn)t ha e had any ("es) tion in yo"r mind '"t what the car had 'een mo ed 'efore yo" went off d"ty& Isn)t that right1+I think that is right%- #yons said& +And yo"r 'est present *"dgment is that the car was mo ed 'etween nine and ele en1The witness again shifted his position& +I don)t think I can tell yo" any

more than what I ha e told yo" already% ,r& ,ason&+Thank yo"%- ,ason said& +That)s all&+I ha e no ("estions on redirect%- 9onald Carson said& +9oes that concl"de the 7eople)s case1- 6"dge 2ayton asked& 0amilton 2"rger got to his feet& +3o"r 0onor%- he said% +it does not& A matter has come "p which concerns me% not only as a prosec"tor '"t as a mem'er of the legal profession& Something has happened which I feel m"st 'e in estigated in detail& I feel that an attempt has 'een made to fa'ricate e idence in this case% and I feel the facts sho"ld 'e so well esta'lished that proper steps may 'e taken& I wish to prepare a record at this preliminary hearing so that in case any of the witnesses sho"ld 'e spirited o"t of the co"ntry and not 'e a aila'le at the time of trial in the S"perior Co"rt% T can read the testimony of those witnesses into the record in accordance with the pro isions of Section JMJ of the 7enal Code&+Isn)t this rather an "n"s"al proced"re "nder the circ"mstances16"dge 2ayton asked& +It is an "n"s"al case% 3o"r 0onor% and is a case in which I wish to prepare a record which can 'e "sed either "nder the pro isions of Section JMJ% or for the p"rpose of impeachment&+;ery well%- 6"dge 2ayton said% +go ahead&+I wish to recall #ie"tenant Tragg to the stand%- Carson said& #t& Tragg% e idently caref"lly rehearsed as to the part he was to play% stepped 'riskly forward& +3o" ha e already 'een sworn%- 6"dge 2ayton said to the witness& +Go ahead% ,r& 7rosec"tor&+9irecting yo"r attention to yesterday e ening%- Carson asked% +did yo" ha e occasion to go to an apartment ho"se where one ,adge Elwood has her residence1 An apartment ho"se known as the <elsington Apartments in Santa ,onica1+3es% sir&+.ow% prior to that time had yo" taken any steps to identify the garment which has heretofore 'een marked for identification% the skirt with the c"t in it1+I did& 3es% sir&+What did yo" do1+I ascertained the store where the garment had 'een sold& I fo"nd that it was sold at a store in Santa ,onica& I traced the code n"m'er of the cleaning esta'lishment that was on the garment and fo"nd that n"m'er had 'een iss"ed to one ,adge Elwood% li ing at the <elsington Apart-

ments in Santa ,onica& I may incidentally mention that when we arrested the defendant in this case she was li ing with ,adge Elwood in this apartment? that is% she said she was isiting there% '"t she was act"ally li ing there with ,adge Elwood at the time&+So what did yo" do yesterday afternoon1- Carson asked& +In the latter part of the afternoon% aro"nd fi e o)clock% I g"ess% I went to the <elsington Apartments to in estigate&+Were yo" alone1+.o% sir&+Who was with yo"1+,r& George @"incy Al'ert&+,r& Al'ert has pre io"sly 'een a witness in this case1+3es% sir&+And what did yo" do1+,r& Al'ert had pointed o"t to me that & & & + +.e er mind any statements which were made o"tside of the presence of the defendant%- Carson interr"pted& +Those wo"ld 'e hearsay&+I "nderstand%- #t& Tragg said& +I didn)t intend to state anything other than an incidental matter& 0owe er% I appreciate the point and will confine myself to what happened&+And what did happen1+We went to the <elsington Apartments& We first decided to look in the garage&+3o" mean the garage that was rented to ,adge Elwood along with the apartment1+That)s right& The apartment ho"se has a dri eway which leads into a rather large area in the 'ack& This area is in the form of a s("are% and three sides of that s("are are occ"pied 'y garages& Each garage is n"m'ered for the apartment that goes with it% and names are p"t on the garages&+And yo" went to the garage which had the name of ,adge Elwood1+3es% sir&+What did yo" do1+,r& Al'ert was dri ing the car& We came to a stop in front of the garage& ,r& Al'ert got o"t to try the garage door to see if it was locked&+Was it locked1+.o% sir&+And ,r& Al'ert opened the garage door1+0e did&-

+What did yo" find inside of the garage1+We fo"nd an a"tomo'ile in the garage% an a"tomo'ile which was registered in the name of ,r& 7erry ,ason% the attorney for the defendant& We fo"nd ,r& 7erry ,ason and his secretary% 9ella Street% in the garage& They were o"t of the car at the time&+9id yo" ask them what they were doing in there1+,r& Al'ert acc"sed them of planting e idence&+And what did ,r& ,ason say% if anything1+O'*ected to% if the Co"rt please%- ,ason said& +This is hearsay& This con ersation took place o"tside of the presence of the defendant& It is incompetent% irrele ant and immaterial&+,r& ,ason% if the Co"rt please%- Carson said% +is the accredited representati e of the defendant& The acc"sation was made in his presence% and his statement was in reply to that acc"sation&6"dge 2ayton frowned% then shook his head& +It may 'e that co"nsel for the defendant has 'een indiscreet& It may 'e that he has 'een "nwise% '"t the Co"rt sees no reason why a con ersation held in the presence of the attorney for the defendant% '"t witho"t the defendant 'eing aware of that con ersation% sho"ld 'e 'inding "pon her& The o'*ection is s"stained&+;ery well& What did yo" do1- Carson asked& +Well%- Tragg said% +we first got rid of ,r& ,ason and 9ella Street% and then we went to work in the garage&+9oing what1+Searching it&+For what1+For any e idence which might ha e 'een left there5+y anyone. +What did yo" find1+We fo"nd a pair of m"d-stained shoes& We fo"nd a pair of tro"sers with a rip down one seam of the tro"sers&+9o yo" know who owned those articles1+I do now& I didn)t then&+3o" made an in estigation1+I did&+Take the shoes% for instance% #ie"tenant& What did yo" do with reference to them1+I wired the factory% asking for the names of firms handling those shoes in the #os Angeles area& I may state that they were a ery e!cl"si e and e!pensi e shoe& There were fi e shops which handled that shoe in #os

Angeles& I finally located the name of the p"rchaser&+Who was that p"rchaser1+6"st a min"te%- ,ason said& +@"ite o' io"sly that)s hearsay e idence& 0e is relying "pon what some shop-owner told him&6"dge 2ayton said% +@"ite e idently it calls for hearsay e idence& 0owe er% can)t we make certain stip"lations here1+I am willing to stip"late as to statements which were made to #ie"tenant Tragg 'y ario"s persons% "pon 'eing ass"red that those statements were made%- ,ason said% +and s"'*ect to my right to 'ring the witnesses into co"rt and cross-e!amine them if I so desire& I am willing to stip"late that certain witnesses wo"ld ha e so testified on direct e!amination&+;ery well%- Carson said& +Will yo" stip"late that the owner of one of the stores stated that he had #oring #amont as one of his reg"lar c"stomers% that #oring #amont c"stomarily 'o"ght shoes of this style and make% and that these shoes were in his si/e1 That is% they were the si/e p"rchased and worn 'y #oring #amont1+That is a fact1- ,ason asked& +That is a fact&+I will so stip"late&+Will yo" stip"late that ,r& #oring #amont)s tailor identified these tro"sers as 'eing part of the s"it he had made for ,r& #oring #amont% of identical material% and that the la'el in the waist'and f"rnished a means of identification and that this tailor identified these tro"sers as 'eing tro"sers which he had made for ,r& #oring #amont in his lifetime1+That is a fact% is it1- ,ason asked& +That is a fact&+I will so stip"late that the tailor wo"ld so testify% with the "nderstanding that at any time I ha e the right of cross-e!amination if I so desire& I am simply stip"lating as to what the testimony of these gentlemen wo"ld ha e 'een on direct e!amination&+;ery well%- Carson said% and t"rned to #t& Tragg& +Where were these articles fo"nd% #ie"tenant Tragg1+In a locked tr"nk in the garage where we fo"nd 7erry ,ason and his secretary&+3o" may cross-e!amine%- Carson said to ,ason& +3o" stated%- ,ason said% +that yo" were looking for e idence which might ha e 'een planted 'y anyone% and% as I noticed the way yo" testified% yo" made a rather significant pa"se 'efore saying the words +y anyone

and then yo" emphasi/ed those words&+That may 'e correct%- #t& Tragg said& +When yo" said 'y anyone% I take it yo" meant what yo" said1+E!actly&+The e idence co"ld ha e 'een planted 'y me1+It certainly co"ld ha e&+And the e idence co"ld ha e 'een planted 'y the defendant in this case1+It co"ld ha e% altho"gh she was in *ail at the time and & & & well% she co"ld ha e% yes&+And the e idence co"ld ha e 'een planted 'y ,adge Elwood1#t& Tragg hesitated and then said% +I s"ppose it co"ld ha e 'een&+Thank yo"%- ,ason said& +That)s all& .o f"rther ("estions&+.ow then% if the Co"rt please%- Carson said% +we are trying desperately to get in to"ch with ,adge Elwood& It seems to 'e diffic"lt to find her& 0owe er% with reference to the skirt which was identified 'y #ie"tenant Tragg as 'eing the property of ,adge Elwood% I wish to call 2ertha Anderson to the stand&2ertha Anderson came forward and was sworn& ,ason recogni/ed her as the manager of the apartment ho"se at Santa ,onica& +What is yo"r occ"pation1- Carson asked& +I am the manager of the <elsington Apartments at Santa ,onica&+9o yo" know ,adge Elwood1+I do&+9oes she li e there1+She does&+9o yo" know ,r& 7erry ,ason1+3es& I ha e met him&+When did yo" meet him1+I met him yesterday afternoon&+And did yo" ha e a con ersation with ,r& ,ason1+I did&+A'o"t ,adge Elwood)s apartment1+3es&+And did ,r& ,ason ask if he co"ld get in that apartment1 If yo" wo"ld let him in with a passkey1+O'*ected to% if the Co"rt please%- ,ason said% +on the gro"nd that the ("estion is incompetent% irrele ant and immaterial? that it is leading and s"ggesti e% and f"rther on the gro"nd that co"nsel% well knowing the

r"ling of the Co"rt in regard to con ersations had with me o"tside the presence of the defendant% has deli'erately tried 'y this leading ("estion to pre*"dice the Co"rt against the defendant)s case&+The o'*ection is s"stained%- 6"dge 2ayton said% +and co"nsel is admonished& In fact% I wish to state% ,r& 7rosec"tor% that I consider the nat"re of this ("estion was s"ch as to constit"te an attempt on yo"r part to oid and n"llify the r"ling of the Co"rt& The Co"rt has r"led% at least temporarily% that anything ,r& ,ason may ha e said or done o"tside of the presence of the defendant is not 'inding "pon the defendant&+0e)s her legal representati e& 0e was acting on her 'ehalf%- Carson said angrily& +The Co"rt "nderstands that% ,r& Carson% '"t the Co"rt has r"led& 3o" are familiar with the Co"rt)s r"ling&0amilton 2"rger arose pondero"sly& +If the Co"rt please% may I 'e heard1+3o" may 'e heard% ,r& 2"rger&+We wish to state%- 2"rger said% +that this is rather a serio"s matter% that it has come "p o"t of a clear sky% so to speak& We ha e not had time to look "p the a"thorities '"t I wish to state to the Co"rt that I feel positi e that we can find a"thorities indicating that as long as the defendant is represented 'y ,r& 7erry ,ason and as long as he is her d"ly constit"ted agent and attorney that the things he has done on her 'ehalf are 'inding "pon her& F"rthermore% I feel that we sho"ld ha e an opport"nity to show what these things are so that "nder the doctrine of agency we will force the defendant either to ratify the acts of her agent or to take steps to disaffirm those acts&+The Co"rt has r"led& The Co"rt)s position is that the acts of 7erry ,ason and con ersations which he has had o"tside the presence of the defendant are not 'inding "pon her& .ow% the Co"rt can 'e in error in this matter and if yo" ha e any a"thorities which yo" wish to present% the Co"rt will 'e glad to consider those a"thorities& In the meantime% howe er% the Co"rt is going to adopt the position that yo" can only show acts of the defendant and can only show con ersations which occ"rred within the presence of the defendant& Otherwise they wo"ld 'e hearsay&+2"t% if the Co"rt please%- 0amilton 2"rger said% +here is a plain case% if I may speak frankly% where e idence which is e!ceedingly ital to the iss"es in this case has 'een planted 'y someone in a garage at the <elsington Apartments& ,r& ,ason% as the attorney for the defendant% was ca"ght redhanded in that garage& It is at least a reasona'le ass"mption that

the only person who co"ld ha e gi en those garments to him was the defendant in this case&+That)s looking at it from the prosec"tion)s iewpoint%- 6"dge 2ay-ton snapped& +On the other hand% yo" ha en)t as yet negati ed the possi'ility that those garments were placed there 'y the most logical person of all% the person who rented that garage% ,adge Elwood&+2"t where co"ld she possi'ly ha e sec"red those garments10amilton 2"rger asked& +She wasn)t o"t at the lodge the night of the m"rder& She & & & + +0ow does co"nsel know she wasn)t1- ,ason interr"pted& 0amilton 2"rger fl"shed angrily& +I don)t choose to 'e interr"pted%he said& +And the Co"rt wo"ld ery m"ch prefer not to ha e yo" interr"pted%6"dge 2ayton said% +'"t since the interr"ption has 'een made% I will state that the ("estion propo"nded 'y co"nsel for the defense is one which the Co"rt intended to ask& 0ow do yo" know she wasn)t o"t there1+We)ll pro e it%- 0amilton 2"rger said& +Go ahead and pro e it% then%- 6"dge 2ayton said% +and after yo"r e idence has 'een concl"ded% if yo" then ha e s"fficient circ"mstantial e idence to indicate that the articles in ("estion must ha e 'een placed at the spot where they were fo"nd 'y any person acting "nder the direction and control of the defendant% yo" will ha e an opport"nity to renew yo"r offers of testimony& The Co"rt will then permit yo" to recall these witnesses and ask these ("estions% pro ided yo" ha e in the meantime fo"nd some a"thorities to s"pport yo"r position& +At the present time yo" are working only on an inference& The circ"mstances are not% in the opinion of the Co"rt% strong eno"gh to indicate a chain of circ"mstantial e idence necessarily connecting this defendant with the articles in ("estion& 0owe er% the Co"rt is ery m"ch interested in this phase of the in("iry and intends to co-operate in any way it can&+Thank yo"%- 0amilton 2"rger said% and sat down& Carson t"rned to the manager of the apartment ho"se& +Were yo" the manager of the <elsington Apartments on the fifth and the si!th of this month1+I was&+Were yo" ac("ainted with ,adge Elwood on that date1+I was&+.ow% I am going to ask yo" if yo" saw ,adge Elwood on the si!th of

the month&+I did&+At what time1+I saw her se eral times&+9id yo" see her in the e ening1 Early in the e ening1+3es&+9id yo" ha e a con ersation with her at that time1+3es&+9id yo" see the defendant on the si!th1+I did& 3es&+And what happened at that time1+On the afternoon of the si!th ,adge 'ro"ght the defendant% Arlene Ferris% in with her& She was on her way to the ele ator& She introd"ced me to Arlene Ferris and said Arlene was going to 'e isiting with her for perhaps a few days&+.ow% that was on the afternoon of the si!th1+3es&+And this con ersation took place in the presence of the defendant1+3es&+.ow% I show yo" a skirt% which has heretofore 'een marked for identification as 7eoples E!hi'it 2-M% and I will ask yo" if yo" recogni/e that skirt&+I do&+Where did yo" see it1+I saw it on ,adge Elwood on the si!th of the month&+She was wearing that skirt1+She was wearing that skirt%- 2ertha Anderson said with positi e finality& +.ow then% did yo" see her later on after that% on the si!th1+I did&+At a'o"t what time1+It was early in the e ening&+What was ,adge Elwood wearing at that time1+She was wearing that skirt&+When yo" say that skirt% yo" are referring to the 7eople)s E!hi'it 2M% the skirt which I am now holding in my hand13es% sir& +And where was she when yo" saw her1+She was in the lo''y% going o"t of the apartment&-

+.ow% did yo" see her when she ret"rned1+3es&+And what time was that1+That was ("ite a 'it later5two or three ho"rs later&+And what was ,adge Elwood wearing at that time1+She was wearing a different skirt& I remem'er noticing that she had gone o"t in one skirt and had ret"rned in another& I started to say something and then held my tong"e& After all% it was none of my '"siness&+.ow% that was on the si!th of the month1+3es&+3o" may cross-e!amine&- Carson said& ,ason t"rned to the witness& +9o yo" see people when they go and when they come o"t1+@"ite fre("ently& I ha e an apartment which is 'ack of the office% '"t I try to stay in the office so that I can see the lo''y% partic"larly d"ring the ho"rs when the street door is kept "nlocked&+There)s a desk there1+A sort of co"nter% yes&+Any switch'oard1+.o& Tenants ha e their own phones or else "se the phone 'ooth in the corridor&+9id yo" see ,adge Elwood on the fifth of the month1+3es% I saw her&+In the e ening1+I saw her when she came 'ack from work in the early e ening Or late afternoon% and then I saw her again&+When did yo" see her last on the fifth1+O'*ected to as incompetent% irrele ant and immaterial5not proper cross-e!amination%- Carson said& +We ha e asked no ("estions a'o"t the fifth&+I certainly ha e a right to test the recollection of the witness%- ,ason said& +The o'*ection is o err"led& 7roceed%- 6"dge 2ayton r"led& +I saw her on the e ening of the fifth a'o"t & & & oh% I g"ess it was a'o"t nine o)clock&+And what% if anything was she doing when yo" saw her1+She was going o"t&+9id yo" see her come 'ack that e ening1+.o&-

+She came 'ack after yo" had locked "p for the e ening1+3es&+And what time did yo" lea e the lo''y and lock "p1+It was & & & I wo"ld say it was a'o"t ele en o)clock&+.ow% was ,adge wearing this skirt which yo" ha e referred to% on the fifth1+.o% she wasn)t&+0ow do yo" happen to remem'er this skirt so clearly1+2eca"se I ha e one almost e!actly like it& It is almost e!actly the same pattern& ,adge and I ha e commented on that from time to time&+,adge left the apartment yesterday1+3es&+Carrying two s"itcases1+3es&+9id yo" see her1+3es&+9id she tell yo" where she was going1+.o&+9id she tell yo" how long she e!pected to 'e away1+.o&+Wasn)t that rather "n"s"al1+Well% I don)t in("ire a'o"t a tenant)s '"siness as long as the rent is paid and & & & + +That isn)t the ("estion%- ,ason said& +Wasn)t that rather "n"s"al1+Well% yes% it was&+.ow then% since she left ha e yo" entered her apartment with a passkey1+O'*ected to as incompetent% irrele ant and immaterial and not proper cross-e!amination%- Carson said& +I think it goes to show the 'ias of the witness%- ,ason said& 6"dge 2ayton hesitated& +I will permit the ("estion&+9id yo" enter the apartment1+3es&+With a passkey1+3es&+Were yo" alone1- ,ason asked& +#ie"tenant Tragg was with me%- she said& +And what did yo" find in the apartment1- ,ason asked& +.ow% if the Co"rt please%- Carson said% +that is definitely o'*ected to

as incompetent% irrele ant and immaterial and not proper cross-e!amination& We ha e not asked this witness anything a'o"t that at all on direct e!amination& This is going into an entirely different matter which will take the in("iry far afield&+The Co"rt is inclined to s"stain that o'*ection%- 6"dge 2ayton said& +I think perhaps the latit"de on cross-e!amination has 'een ample to test the credi'ility of the witness&+That)s all%- ,ason said& +.o f"rther ("estions&+If the Co"rt please%- Carson said% +I wish to introd"ce these tro"sers and the shoes as 7eople)s E!hi'its% and at this time we renew o"r motion to show con ersations with ,r& 7erry ,ason at the place where the articles were fo"nd& We feel that there has 'een s"fficient circ"mstantial e idence to show that these articles were planted 'y ,r& ,ason acting on 'ehalf of the defendant&6"dge 2ayton slowly shook his head& +3o" ha en)t connected it "p yet%- he said& +2"t if the Co"rt please%- Carson said% +these articles were the property of the decedent& It is ("ite e ident that the defendant planned a story which wo"ld 'e well calc"lated to aro"se the most sympathy on the part of a *"ry& She wanted to show that she had 'een attacked% that she had tried to defend her irt"e% that she had 'een p"rs"ed thro"gh wet 'r"sh along a m"ddy road% that she had pl"nged thro"gh a 'ar'ed-wire fence& +We ha e now shown% at least 'y inference% that ,r& ,ason had ,adge Elwood f"rnish a skirt which was deli'erately left in the defendant)s apartment after ha ing 'een taken to the scene of the crime and a part of the skirt left on the 'ar'ed-wire fence& We ha e shown that this e idence co"ld only ha e 'een planted on the e ening of the si!th% some time after the m"rder had 'een committed% pro'a'ly nearly twentyfo"r ho"rs after the m"rder& That was for the p"rpose of s"'stantiating the defendant)s story& +.ow% we are also in a position to show that co"nsel sec"red possession of some of #oring #amont)s shoes and a pair of his tro"sers% that the shoes were deli'erately m"ddied "p and the tro"sers were dragged thro"gh wet 'r"sh and then ripped as tho"gh on a piece of 'ar'ed wire% and that co"nsel was act"ally ca"ght redhanded in the act of planting those articles& We feel that "nder the circ"mstances there is e ery reason to 'elie e that this was done as the res"lt of a conspiracy 'etween the defendant and her co"nsel and that the defendant is 'o"nd 'y his acts% that this attempt to fa'ricate e idence is an indication of g"ilt&-

+That)s all ery well%- 6"dge 2ayton said% +'"t how do yo" connect it "p with the defendant1 In the first place% how do yo" connect it "p with ,r& ,ason1+,r& ,ason and his secretary were ca"ght redhanded%- Carson said grimly& +.o% they weren)t&- 6"dge 2ayton contradicted& +Their hands weren)t red at all& For all yo" know they hadn)t 'een in that garage more than a matter of seconds& For all yo" know they were in there looking for e idence& #ie"tenant Tragg has stated that he and George Al'ert went to the garage looking for e idence& .ow s"ppose the se("ence had 'een re ersed1 S"ppose 7erry ,ason and 9ella Street had dri en "p a few seconds after #ie"tenant Tragg and George Al'ert had entered the garage1 Wo"ld yo" say that that was e idence that #ie"tenant Tragg and George Al'ert were ca"ght redhanded planting these articles in the garage1Carson)s face fl"shed& +Certainly not&+Well% it)s e!actly the same type of e idence that yo" ha e against 7erry ,ason%- 6"dge 2ayton said& +2"t 7erry ,ason had reason to plant these articles& It was to his ad antage5to the ad antage of his client to ha e them disco ered there&+For all yo" know%- 6"dge 2ayton said% +it was to the ad antage of George Al'ert to ha e the articles disco ered there& It was to the ad antage of the police to ha e the articles disco ered there& I don)t say that it was% I)m simply stating that for all yo" know it was& For all the Co"rt knows% it was&+Well% we)re practical men%- Carson said& +We know what happened&+3o" know what yo" think happened%- 6"dge 2ayton said% +'"t what yo" think happened isn)t 'inding "pon the Co"rt&+Of co"rse%- Carson said with a trace of irritation in his oice% +if the Co"rt e!pects "s to prod"ce eyewitnesses who will swear that they act"ally saw 7erry ,ason and 9ella Street open the tr"nk and p"t the garments in% we can)t do it& 7ersons who commit a crime% partic"larly persons of intelligence% "s"ally select a time when there are no witnesses&6"dge 2ayton)s face colored slightly& +The Co"rt can well appreciate all that& The Co"rt readily "nderstands that "s"ally crimes ha e to 'e esta'lished 'y inference% 'y circ"mstantial e idence& 2"t the fact remains that the acc"sed is entitled to certain pres"mptions& That)s the f"nction of a Co"rt% to keep a sane perspecti e on the e idence& +The Co"rt feels that the e idence as it is now 'efore the Co"rt is

capa'le of se eral interpretations% one of the most logical 'eing that the person who rented that garage is the one who p"t the garments in the tr"nk& The Co"rt is not "nmindf"l of the fact that the witness% 6erome 0enley% first identified ,adge Elwood as 'eing the person who was seen parking that a"tomo'ile& .ow I)m going to state frankly that the Co"rt wants to get at the 'ottom of this& The Co"rt wo"ld like to ha e ,r& 0enley recalled to 'e ("estioned% not 'y co"nsel% '"t 'y the Co"rt&+,r& 0enley has ret"rned to his place of '"siness%- Carson said& +Trying to get him 'ack here wo"ld ca"se a delay& We "nderstand and appreciate the desire of the Co"rt to get this case disposed of&+The Co"rt has a ery great desire to get this case disposed of%- 6"dge 2ayton said% +'"t the Co"rt has an e en greater desire to see that *"stice is done& I don)t think it will take long to get ,r& 0enley here and we can contin"e the case "ntil he arri es&+7erhaps%- ,ason said% +it will help clear this matter "p if% while the Co"rt is waiting for ,r& 0enley to arri e% I can recall #ie"tenant Tragg to the stand for f"rther cross-e!amination&+;ery well%- 6"dge 2ayton said& +Of co"rse%- 0amilton 2"rger said irrita'ly% +this is only a preliminary e!amination& We only ha e to show that a crime was committed and that there are reasona'le gro"nds to 'elie e the defendant committed the crime&+That)s all yo" need to show at a preliminary e!amination%- 6"dge 2ayton said% +'"t this case has gone 'eyond that point& The good faith and the ethics of ,r& 7erry ,ason and his secretary ha e 'een ("estioned& The Co"rt has no do"'t '"t what the p"'lic press will make considera'le capital o"t of this sit"ation& 0a ing gone this far% we)re going to go the rest of the way& +#ie"tenant Tragg% will yo" ret"rn to the stand% please& I s"ggest to the 'ailiff that ,r& 0enley 'e reached on the telephone and instr"cted to attend this Co"rt&Tragg came forward and took his place on the witness stand& +9irty dishes were fo"nd in the lodge 'y the police1- ,ason asked& +They were&+They were taken to the police la'oratory1+3es% sir&+They were processed for fingerprints1+3es% sir&+9id yo" find any fingerprints of the defendant on those dishes1-

+We did&+Why did yo" fail to mention that fact in yo"r direct testimony1+I wasn)t asked&%here did yo" find the fingerprints1+On se eral of the dishes5partic"larly on the 'owl which had 'een "sed for mi!ing the 'isc"it do"gh&+On the coffee c"ps1+Well% no&+On the plates1+We fo"nd one fingerprint on one of the plates&+And% of co"rse% yo" fo"nd fingerprints of the decedent1+3es&+.ow then%- ,ason said% +isn)t it a fact that yo" fo"nd fingerprints of at least one other person1Tragg hesitated a moment% then slowly nodded& +3es% there were the fingerprints of at least one other person&+0a e yo" identified those prints1+.ot as yet&+And did yo" fail to mention the fingerprints of the defendant 'eca"se the prosec"tor had instr"cted yo" not to say anything a'o"t them for fear that my cross-e!amination wo"ld 'ring o"t the fact that another person)s fingerprints were there1+I was told not to ol"nteer any information&+9o yo" ha e the fingerprints of ,adge Elwood1+.o&+Then yo" don)t know that those other fingerprints were not those of ,adge Elwood% do yo"1+We don)t know whose they were& We do know they were not the prints of Sadie $ichmond& We had tho"ght that when she was p"tting the dishes away after they had 'een washed from the last time they were "sed% she might perhaps ha e left fingerprints& We therefore took her prints and compared them& They aren)t her prints&+.ow then%- ,ason said% +when the defendant was telling yo" her story% did she tell yo" that the decedent had admitted to her that he had made a d"mmy telephone call1 In other words% that he had gone into the lodge while she was still in the ear% that he had called someone and asked that someone to call him 'ack within a gi en n"m'er of min"tes 1+She told me that&+9id yo" make an attempt to trace that call1-

+We made a check of all calls placed from the lodge on the night in ("estion&+And there again%- ,ason said% +yo" refrained from mentioning certain facts on yo"r direct e!amination&+There again%- #t& Tragg said% +I wasn)t asked&+3o")re 'eing asked now%- ,ason said& +To whom did #oring #amont place that call1+We don)t know%- Tragg said& +It was a station-to-station call& 0e simply called the n"m'er of the e!ec"ti e offices of the #amont Company&+The call wasn)t placed to any partic"lar person1- ,ason asked% p"//led& +6"st to the office&+All right%- ,ason said desperately% +what other calls were placed1 After #oring #amont fo"nd that he needed dry clothes and a new pair of shoes% whom did he call1+.ow% *"st a moment 'efore yo" answer that ("estion%- Carson said& +If the Co"rt please% we o'*ect to that ("estion as 'eing arg"mentati e% as ass"ming facts not in e idence% and not 'eing proper cross-e!amination&+The o'*ection is s"stained as to the last part of the ("estion%- 6"dge 2ayton said& +The first part of the ("estion will stand& Whom else did #oring #amont call from the lodge1+.o one%- Tragg said& +What:- ,ason e!claimed in s"rprise& +There were no calls%- Tragg said& +.o long-distance calls& Of co"rse% we can)t tell a'o"t incoming calls% '"t on the calls which were placed from that telephone there was only the one call and that was a station-to-station call to the office of the #amont $olling% Casting and Engineering Company5the e!ec"ti e offices&+And the time of that call1- ,ason asked& +The time was si!-twenty-two% appro!imately the time when the defendant and the decedent arri ed at the lodge% according to the story the defendant told "s&,ason half-closed his eyes in tho"ghtf"l concentration& +Any f"rther ("estions1- 6"dge 2ayton asked& +.o f"rther ("estions%- ,ason said& +.o ("estions%- Carson said& +We will take a ten-min"te recess%- 6"dge 2ayton said& +We will recon ene *"st as soon as 6erome 0enley arri es in co"rt&-

6"dge 2ayton left the 'ench& 0amilton 2"rger arose and% pointedly ignoring 7erry ,ason% strode into an anteroom& ,ason t"rned to 7a"l 9rake and 9ella Street& +All right%- the lawyer said% +we) e got ten min"tes to sol e this case& .ow what the hell happened1 #oring #amont must ha e made some arrangements to get dry tro"sers and shoes o"t to that lodge& 0ow in the world co"ld he ha e done it "nless he telephoned1 +In iew of the e idence they ha e now prod"ced% we know that Arlene)s story m"st 'e tr"e& We know that he p"rs"ed her thro"gh the wet 'r"sh% that he slid down thro"gh the 'ar'ed-wire fence and tore his tro"sers when he did it& We know that he ran thro"gh the m"d in the road% that his shoes were all m"ddy& 3et 'y the time he was killed someone else had appeared at the lodge& We are pretty certain now that that someone m"st ha e 'een ,adge Elwood& 2"t how did ,adge Elwood get the dry clothes to him "nless he telephoned her1 0ow did she get into his apartment19rake shr"gged his sho"lders& +0e co"ldn)t ha e contacted her 'y mental telepathy&+There)s only one answer%- ,ason said after a moment& +,adge Elwood m"st ha e called him. +2"t why wo"ld she call him1+2eca"se%- ,ason said% +she was close to him& She knew what Arlene had done& She had the n"m'er of the lodge and she called #oring #amont at the lodge& We)re fighting min"tes on this thing% 7a"l& Get on the telephone& Call the telephone company& Tell them it)s a matter of the greatest importance& Find o"t if ,adge Elwood didn)t place a call to that lodge on the e ening of the fifth&9rake said% +I)ll try& I don)t hope for m"ch l"ck&+E!plain the circ"mstances to the manager of the telephone company%- ,ason said& +It)s really a matter of life or death& #et)s get at the 'ottom of this thing& See if yo" can get all the calls ,adge Elwood placed from her apartment at a'o"t & & & now% let)s see& #et)s ass"me that Arlene left the lodge at a'o"t se en o)clock% that she dro e 'ack to her apartment% that she cleaned "p% that she took #oring #amont)s car and p"t it in front of the firepl"g% that she went 'ack to her apartment% that she called ,adge Elwood& That pro'a'ly wo"ld 'e somewhere 'etween5 well% let)s see% let "s say aro"nd eight-thirty& Also% 7a"l% try and trace that call to the #amont Company that was made at si!-twenty-two& #et)s see what happened on that&-

+I)ll try%- 9rake promised& +3o" ha en)t gi en me m"ch time&+That)s 'eca"se I ha en)t got it to gi e%- ,ason said& ,ason started pacing the floor of the co"rtroom% head thr"st slightly forward% forehead creased in concentration& After se eral min"tes ,ason whirled& +9ella:- he said& +3es% Chief1+Go h"nt "p 7a"l 9rake& 0e)s telephoning& We) e o erlooked the ital point in the case&+What is it1+Get the license n"m'er of the car that 7eter #yons tagged for do"'le parking& Then get 7a"l to start his men r"nning down the registration of that car% or it pro'a'ly will 'e on the traffic ticket itself since the officer wo"ld take the owner)s name from the Certificate of $egistration which the law re("ires to 'e either on the steering post or on some portion of the a"tomo'ile that is clearly isi'le&9ella Street nodded% arose and left the co"rtroom& Another fi e min"tes passed& 6erome 0enley entered the co"rtroom% his manner that of a man who has 'een h"rrying and is considera'ly e!asperated& Word was con eyed to 6"dge 2ayton% and the *"dge once more took the 'ench& 9ella Street came h"rrying into the co"rtroom% seated herself 'eside ,ason% and% as 6erome 0enley was 'eing called to the stand% said in an e!cited whisper% +Chief% he str"ck pay dirt& ,adge Elwood placed a longdistance call to the lodge& Then after that she called two #os Angeles n"m'ers& 7a"l 9rake is r"nning down those n"m'ers now& 0e had to go to another phone to contact his office and they)re getting all the information on that traffic ticket iss"ed 'y 7eter #yons on the car that was do"'le-parked&,ason settled 'ack in his chair& Slowly a smile came o er his face& 0e t"rned to Arlene Ferris and ga e her a reass"ring wink *"st as 6erome 0enley seated himself on the witness stand and 6"dge 2ay-ton said% +,r& 0enley% the Co"rt wants to ask yo" some ("estions +3es% 3o"r 0onor&+.ow%- 6"dge 2ayton said% +I don)t want co"nsel for either side to interr"pt& The Co"rt is going to ask this witness some ("estions& ,r& 0enley% try and p"t aside all pre*"dice from yo"r mind& I am going to ask yo" to try and do something that perhaps may 'e more than h"man nat"re can readily do& I)m going to ask yo" to think 'ack to the time when

7erry ,ason came into yo"r store accompanied 'y a yo"ng woman whose name we now know was ,adge Elwood At that time yo" identified ,adge Elwood as the woman yo" had seen getting o"t of the car&+I had 'een tricked 'y a pre io"s & & & + +6"st a min"te%- 6"dge 2ayton interr"pted& +Forget all this a'o"t ha ing 'een tricked& 3o" were su+sequently con inced that yo" had 'een tricked and yo" resented it& 3o" tho"ght ,r& ,ason had tried to trap yo" and tried to make a fool of yo"& .ow% I am going to ask yo" to get that entire tho"ght o"t of yo"r mind& I want yo" to think 'ack to the occasion when ,r& ,ason entered yo"r store with ,adge Elwood& 0ow positi e were yo" at that time that ,adge Elwood was the woman yo" had seen getting o"t of the car1+I wasn)t positi e% I was tricked & & & + +3o" said yo" were positi e at that time& .ow what ca"sed yo" to say that1+Trickery&+,r& 0enley%- 6"dge 2ayton said% +the Co"rt is not entirely con inced that yo" were tricked& An attempt may ha e 'een made to trick yo"% '"t the Co"rt is 'eginning to 'elie e that it is ("ite possi'le that ,adge Elwood act"ally was the person yo" saw getting o"t of that a"tomo'ile&2oth 0amilton 2"rger and Carson *"mped to their feet in protest& 6"dge 2ayton motioned them to silence& +.ow *"st a min"te%- he said& +The Co"rt is doing this& I asked not to 'e interr"pted 'y co"nsel for either side& I want yo" gentlemen to sit down and 'e ("iet&6"dge 2ayton t"rned to the witness& +The Co"rt is here for the p"rpose of doing *"stice% ,r& 0enley& The Co"rt wants yo" to think 'ack to p"rge yo"r mind of all pre*"dice against anyone&6"dge 2ayton waited& There was a tense silence in the co"rtroom& +Well%- 6erome 0enley said at length% +of co"rse% 3o"r 0onor% I was con inced at the time that she was the person I saw getting o"t of the car& 0owe er% I had pre io"sly 'een shown her photograph and asked to identify that photograph& I had identified it% and that)s where the tro"'le came in&+2"t why did yo" identify the photograph1- 6"dge 2ayton asked& 6erome 0enley stroked the angle of his chin tho"ghtf"lly& +Well% now% as to that%- he said% +of co"rse & & & well% the photograph looked something like that & & & looked e!actly like the face of the person I had seen getting o"t of the car& That)s 'eca"se ,adge Elwood and the defendant look a great deal alike and the photograph had 'een ery c"nningly taken & & & +

+It was a photograph of ,adge Elwood1+3es% there)s no ("estion a'o"t that&+And it looked like the person yo" saw getting o"t of the car1+;ery m"ch&+And then when yo" saw ,adge Elwood yo" felt certain she was the person whose photograph yo" had seen1+That)s the reason I made the identification&+2"t are yo" prepared now to state on yo"r oath to this Co"rt that it was not ,adge Elwood whom yo" saw getting o"t of the car1 .ow% think caref"lly% ,r& 0enley& This isn)t an attempt to trap yo"& This is simply an attempt on the part of the Co"rt to get at the tr"th of the matter&0enley closed his eyes% trying to concentrate& 0e contin"ed to stroke the angle of his *aw with the tips of his fingers& +Well%- he said at length% +they told me not to let 7erry ,ason make a fool of me% and I didn)t intend to ha e him do so& 2"t% of co"rse% 3o"r 0onor% when yo" come right down to it% when I saw that pict"re of ,adge Elwood & & & well% at the time I thought that was the yo"ng woman I saw getting o"t of the car& Then when I saw ,adge Elwood% of co"rse there had 'een a certain amo"nt of s"ggestion and & & & well% when I saw her I tho"ght she was the woman% all right&+3o" don)t think so now1+Well% now%- 0enley said% +the sit"ation is different& I look at the defendant and I think she)s the woman% '"t of co"rse I) e 'een shown her pict"re% too&+Forget all the pict"re '"siness%- 6"dge 2ayton said& +Try and think 'ack& Try and is"ali/e the yo"ng woman who got o"t of the car& Was it ,adge Elwood or was it the defendant in this case16erome 0enley looked "p at the *"dge and finally 'l"rted o"t% +When yo" p"t it that way% 3o"r 0onor% I don)t know& When I first saw ,adge Elwood I was pretty certain that was the yo"ng woman& Then I 'ecame certain it was the defendant% '"t when yo" p"t the thing that way5when yo" p"t it "p to me in *"st that way% I *"st don)t know&+That)s all%- 6"dge 2ayton said& +.ow% if co"nsel for either side wants to ("estion the witness% they can& 2"t as far as the Co"rt is concerned this witness made a positi e identification of ,adge Elwood& 0e made it "nder circ"mstances that impress the Co"rt& 0e now says he doesn)t know& 9oes co"nsel for either side want to ("estion him1+.o ("estions%- ,ason said& 0amilton 2"rger and Carson engaged in a whispered conference% then

0amilton 2"rger said% +.o% 3o"r 0onor% no ("estions&,ason said% +I ha e one more ("estion of #ie"tenant Tragg& 3o" don)t need to res"me the stand% #ie"tenant& 3o" can answer it from right where yo" are in the co"rtroom& Among other things that yo" didn)t mention in yo"r testimony% was there anything a'o"t the 'lood alcohol of the 'ody of #oring #amo"nt1Tragg said% +I didn)t r"n that test myself& That was done 'y the a"topsy s"rgeon% 9r& 9raper&+2"t yo" know what the res"lts were%- ,ason said& +What were they1+Well%- Tragg said% +I "nderstand the 'lood alcohol percentage was point one nine&+That%- ,ason said% +wo"ld indicate a considera'le degree of into!ication% wo"ld it not1Tragg said dryly% +It wo"ld&+Considera'ly more than a man of his si/e co"ld get from ingesting one cocktail or two or three1+7ro'a'ly fo"r% fi e or si!%- #t& Tragg said& +I)ll ask the prosec"tion to stip"late that 9r& 9raper wo"ld so testify if he had 'een asked%- ,ason said& Again Carson and 0amilton 2"rger had a whispered conference& +9on)t yo" know1- 6"dge 2ayton asked& +3es% 3o"r 0onor%- Carson said with poor grace& +We know& We will so stip"late&+2"t o' io"sly%- 6"dge 2ayton said% +this is changing the comple!ion of the case materially&+I don)t see why%- 0amilton 2"rger said& +The Co"rt is acting on what I think is an erroneo"s ass"mption&+What)s that1+That the defendant is telling the tr"th& We don)t feel she is telling the tr"th& We feel she went o"t there deli'erately and was there for a long time with the decedent% that they had drinks% that this defendant wasn)t at all a erse to any familiarities% that she led the decedent on% that she didn)t o'*ect to his getting dr"nk and she didn)t o'*ect to his taking li'erties&+Then how did it happen the decedent had in his clothing a part of the distri'"tor from the defendant)s car1+2eca"se she placed it there after his death& ,he was the one who deli'erately disa'led her car so #oring #amont wo"ld offer her a ride& From that point% she led him on&+Then why did she r"n away% dash down the road and pl"nge thro"gh

the 'ar'ed-wire fence1+I don)t know that she did% 3o"r 0onor&+Well% the clothes 'elonging to the decedent indicate that she did&+After all%- 0amilton 2"rger interposed irrita'ly% +the Co"rt doesn)t need to go into all this& The f"nction of the Co"rt is only to find o"t at this time if there is reasona'le gro"nd to 'elie e the defendant was connected with the commission of a crime&+That)s all ery tr"e from a standpoint of a'stract law%- 6"dge 2ayton snapped% +'"t here we ha e a yo"ng woman whose rep"tation is at stake% whose li'erty is at stake& A lot of e idence has 'een introd"ced and yo" ha e now made it a point to ("estion the integrity of ,r& 7erry ,ason% an officer of this co"rt& +If the defendant is g"ilty% if ,r& ,ason was g"ilty of planting e idence% the Co"rt wants to find it o"t& If they are innocent% the Co"rt wants to esta'lish that fact& The f"nction of a co"rt of law% ,r& 9istrict Attorney% is to see that *"stice is done& In the opinion of this Co"rt% that is far more of an o'ligation on the Co"rt than to comply with the letter of the law in regard to a preliminary e!amination&7a"l 9rake h"rried into the co"rtroom% p"shed a piece of paper in front of ,ason& +All right% 7erry% here it is%- he whispered& +,adge Elwood called the lodge& Then she called two n"m'ers& One of them was the n"m'er of George @"incy Al'ert and the other was the n"m'er of the apartment of Edith 2ristol& I) e traced the call from the lodge to the e!ec"ti e offices of the #amont Company& #amont simply called "p the switch'oard operator and told her to call him 'ack in e!actly se en min"tes and as soon as he answered to hang "p the phone witho"t staying on the line to listen to what was 'eing said&6"dge 2ayton said% +Are there any f"rther witnesses1+We ha e none% 3o"r 0onor%- 0amilton 2"rger snapped& +That)s the prosec"tion)s case& We rest% and regardless of what may happen in the S"perior Co"rt% we wish to point o"t that there is more than ample e idence to 'ind this defendant o er for trial&+9oes the defense ha e any e idence1- 6"dge 2ayton asked& ,ason got to his feet& +We ha e some e idence% 3o"r 0onor& It will take "s a little time to prod"ce it "nless the district attorney)s office wishes to stip"late& 0owe er% it is a matter of record% and the records can 'e erified 'y the Co"rt or 'y the prosec"tion&7a"l 9rake whispered to 9ella Street% left the co"rtroom& +What is this e idence1- 6"dge 2ayton asked&

+#et "s ass"me%- ,ason said% +that the story of the defendant is tr"e& #oring #amont fo"nd himself marooned o"t at the lodge& 0e was wearing wet clothes& 0e had torn the tro"sers& 0e had 'een rep"lsed in his ad ances& 0e was angry% he was wet% he was fr"strated% and he had 'een o"twitted& 0is a"tomo'ile had 'een5well% 'orrowed& +We only need to p"t o"rsel es in his position to find o"t what he wo"ld do&+6"st a moment% 3o"r 0onor%- 0amilton 2"rger interr"pted& +We o'*ect to any arg"ment at this time& If the defense has any e idence% let them p"t it on& After the e idence is in% co"nsel can "se his elo("ence all he wants5and then well ha e an opport"nity to point o"t o"r interpretation of the facts&6"dge 2ayton nodded& +I think as a matter of proced"re the prosec"tor is correct% ,r& ,ason& I think arg"ment as s"ch sho"ld come at the close of yo"r e idence& 0owe er% the Co"rt will state that the Co"rt will welcome s"ch arg"ment at that time&+I was merely trying to show the 'ackgro"nd% 3o"r 0onor%- ,ason said& +I think the Co"rt "nderstands the 'ackgro"nd& What)s yo"r e idence1+Simply this%- ,ason said& +I had tho"ght that #oring #amont wo"ld call someone to 'ring him clothes and a car and I was ery frankly s"rprised when the record of long-distance calls showed he hadn)t done so& The reason for that is now & & & + +0ere we go again%- 0amilton 2"rger sho"ted& +Co"nsel is contin"ing with this same type of arg"ment after the Co"rt has admonished him& We assign this as miscond"ct and an attempt to circ"m ent the r"ling of the Co"rt&+The Co"rt agrees with the district attorney%- 6"dge 2ayton said sternly& +,r& ,ason% if yo" ha e any e idence% present it& Sa e yo"r arg"ment "ntil after yo"r e idence has 'een presented and please comply with the r"lings of the Co"rt&+3es% 3o"r 0onor%- ,ason said& +The e idence is simply this& The records of the telephone company show that ,adge Elwood called #oring #amont at the lodge from her apartment on the e ening of the fifth& It shows that immediately after she)d finished talking with the lodge she made two calls& One of them was to the n"m'er of George Al'ert and the other one was to the n"m'er of the apartment of Edith 2ristol% the personal secretary of 6& 7& #amont&-

7a"l 9rake again came h"rrying into the co"rtroom& +If I may ha e the ind"lgence of the Co"rt for *"st a moment%- ,ason said& 9rake handed ,ason a paper& ,ason looked at the paper% then smiled at the Co"rt and said% +And the records also show that the car which was tagged 'y 7eter #yons for 'eing do"'le-parked was a car that was registered in the name of Edith 2ristol& Those are matters of record and we ask the prosec"tion to so stip"late in order to sa e time&+Will the prosec"tion so stip"late1- 6"dge 2ayton asked& +The prosec"tion will so stip"late only on the ass"rance of co"nsel for the defendant that he knows s"ch facts to 'e tr"e&+I know s"ch facts to 'e tr"e%- ,ason said% +only 'eca"se of telephone con ersations had 'y 7a"l 9rake% the detecti e% with the officials of the telephone company and a hasty in estigation of the parking ticket iss"ed 'y Officer #yons& 0owe er% I am ass"red that s"ch are the facts and if there is to 'e any ("estion a'o"t them I wo"ld like to ha e a contin"ance "ntil they can 'e erified&+We o'*ect to s"ch a contin"ance%- 0amilton 2"rger said% +and we don)t feel that we sho"ld stip"late in iew of the sit"ation&+3o" will stip"late% will yo" not%- 6"dge 2ayton asked% +s"'*ect to the pro iso that if any of the facts sho"ld t"rn o"t to 'e incorrect those facts can 'e called to the attention of the Co"rt1+We)ll make that stip"lation%- 0amilton 2"rger said with poor grace% +howe er we can)t see the rele ancy of all this&+3o" o'*ect to the e idence on the gro"nd that it)s incompetent% irrele ant and immaterial1- 6"dge 2ayton asked& +We do%- 0amilton 2"rger said& +The o'*ection is noted%- 6"dge 2ayton r"led& +.ow% ,r& ,ason% the Co"rt wo"ld ery m"ch like to hear arg"ment "pon the o'*ection of the prosec"tion& This will 'e an opport"nity to present yo"r theory of the case&6"dge 2ayton sat 'ack% the ghost of a smile on his lips% his hands across his stomach% the fingers interlaced& 0amilton 2"rger% reali/ing the trap into which he had walked% arose as tho"gh to make some o'*ection% then slowly sat down& +,r& ,ason will proceed%- 6"dge 2ayton said& ,ason said% +If the Co"rt please% the sit"ation is simply this& #ooking at it from a logical standpoint% #oring #amont m"st ha e ret"rned to the lodge after his car had 'een taken 'y the defendant& 0e angrily d"mped the ham and the eggs down the gar'age disposal% he pro'a'ly didn)t care

for coffee at that time& 0e po"red himself se eral drinks& 0e didn)t know e!actly what to do& 0e was de'ating how to proceed& 0e didn)t know where his car was& 0e didn)t know whether the defendant had gone to lodge a criminal complaint against him or not& +The defendant in the meantime dro e 'ack to town% parked #oring #amont)s car in front of a firepl"g and telephoned her friend% ,adge Elwood% telling her what she had done& ,adge Elwood knew #oring #amont& There is no p"rpose at this time in e!ploring the intimacy of that relationship& ,adge Elwood was a modern yo"ng woman with a certain amo"nt of independence and a tolerant o"tlook on life& She pro'a'ly telephoned #oring #amont at the lodge and said% in effect% 4Arlene Ferris telephoned me& 3o" certainly went at her pretty ro"gh& She took yo"r a"tomo'ile and left it parked in front of a firepl"g& What do yo" want me to do1) +And at that time #oring #amont told her% 4What I want yo" to do is to 'ring the car o"t to me% contact someone who can go to my apartment and get me a clean pair of slacks% a dry pair of shoes% and yo" can 'ring them o"t hereN +There"pon%- ,ason said% +,adge Elwood made two calls& One of them was to a person whom she wanted to accompany her o"t to the lodge 'eca"se in #oring #amont)s mood she didn)t care to go o"t there alone& The other one was to the person who was to go to #oring #amont)s apartment and get him the articles of wearing apparel he had re("ested& O' io"sly that wo"ld 'e a person who had a key to the apartment% a person who was s"fficiently intimate with #oring #amont to 'e a'le to go to his apartment at will% and ("ite apparently that person was either George Al'ert or Edith 2ristol& +One of those persons accompanied ,adge Elwood to the lodge& The other person went to the apartment and got the wearing apparel& +We ha e to "se inference to determine which was which& +We know that parking space was at a premi"m aro"nd the apartment& We know that cars were parked at s"ch times in front of dri eways and in front of firepl"gs& The person who went to the apartment of #oring #amont to get the articles in ("estion was in a h"rry and didn)t ha e time to park the car a long distance from the apartment and walk& That person took a chance on do"'le-parking& The car that was do"'le-parked in front of the apartment was tagged 'y Officer #yons% at the same time he tagged the #oring #amont car& That car 'elonged to Edith 2ristol& +If% therefore% my s"rmise is correct% Edith 2ristol was the one who

took o"t the garments to #oring #amont% and George Al'ert was the one ,adge Elwood telephoned when she wanted someone to escort her o"t there&Edith 2ristol% arising% came stalking forward& +,ay I make a statement to the Co"rt1- she asked& +This is o"t of order%- 0amilton 2"rger protested& +The district attorney will please 'e seated%- 6"dge 2ayton said& +What sort of a statement did yo" wish to make% yo"ng woman1+I am Edith 2ristol% the pri ate secretary to 6ar is 7& #amont%- she said& +I am tired of deception& I am tired of intrig"e& I pro'a'ly wo"ld ha e confessed anyway% '"t there)s no "se trying to carry on the deception any more& I killed him&+Come forward and take the witness stand%- 6"dge 2ayton said& +.ow% yo"ng woman% I want yo" to "nderstand that anything yo" say can 'e "sed against yo"& 3o" are entitled to the 'enefit of co"nsel& 3o" don)t ha e to make any statement at this time& 9o yo" wish the Co"rt to appoint an attorney to represent yo"% or do yo" wish to call on && She shook her head& +I only want to get it o er with% 3o"r 0onor%+;ery well%- 6"dge 2ayton said% +go on& Get it o er with& Tell "s what happened&She said% +#oring #amont was a fascinating and infl"ential man& 0e swept me off my feet when I came to work for the #amont Company and I s"ppose the fact that he was infl"ential had something to do with it& I 'ecame intimate with him& I tho"ght he was going to marry me& 0e ass"red me that he wo"ld as soon as he co"ld condition his father)s thinking& In the meantime he told me that he wo"ld manip"late things so I co"ld get in his father)s office as a pri ate secretary and that wo"ld gi e me a chance to% as he e!pressed it% 4soften "p the old manN I soon fo"nd that #oring #amont was either ha ing an affair or preparing to ha e an affair with another yo"ng woman in the office% ,adge Elwood& ,adge Elwood was a ery 'road-minded% modern yo"ng woman& I went to her and p"t the cards on the ta'le& ,adge Elwood told me that "p to that point she and #oring #amont were good friends% that that was all& She ass"red me the sit"ation hadn)t progressed 'eyond that point% and that she didn)t intend to let it progress 'eyond that point& She told me that she act"ally was 'ecoming interested in George Al'ert% the office manager& She told me that in order to simplify the pro'lem as far as I was concerned% she wo"ld lea e the employ of the #amont Company& She did so&

+She pointed o"t to me% howe er% that an attracti e yo"ng woman who dressed in the modern style in order to accent"ate her se!"al charms or at least disclose them eno"gh to attract the masc"line eye% certainly sho"ldn)t resent masc"line attention& She was% as I state% ery tolerant and ery 'roadminded& +I happen to know that #oring #amont contin"ed to try and date her% that she 'ecame more and more interested in George Al'ert and that #oring)s attempts to date her were fr"itless% altho"gh she did like him& She wanted to 'e friends with him '"t there was nothing platonic a'o"t #oring #amont)s relationships with the opposite se!& ,ore and more I was forced to close my eyes to his affairs with women& +On the night of the fifth ,adge Elwood telephoned me& She seemed rather am"sed& She said that #oring #amont had taken Arlene Ferris o"t to the lodge and had 'ecome a little impet"o"s% that Arlene had gra''ed his a"tomo'ile and gone off in it% lea ing #oring #amont on foot& #oring was terri'ly afraid that his father wo"ld find o"t a'o"t the sit"ation& It seems that his father had taken #oring to task on se eral occasions a'o"t his immoral cond"ct and partic"larly had ordered him not to "se the lodge "nder any circ"mstances for any of his affairs& +,adge told me that #oring #amont had asked her to instr"ct me to go to his apartment and get tro"sers and shoes& I had a key to his apartment& I think I was the only person 'esides himself who did& +I dro e at once to his apartment& I do"'le-parked and ran "p and got the shoes and tro"sers& When I came down there was a tag for parking iolation on my car& I h"rried o"t at once to the lodge& +#oring #amont was there& 0e was offensi ely% o'no!io"sly dr"nk& I ga e him the tro"sers and shoes& 0e changed into dry clothes& I fi!ed some coffee in an attempt to so'er him "p& I also cooked ham and eggs in order to ind"ce him to eat& There was a pan of cold 'isc"its& I warmed them "p& We had ham and eggs together& +0e 'ecame e!ceedingly o'no!io"s& 0e ta"nted me with the fact that I had 'een% as he called it% a p"sho er& 0e said I had a nice fig"re '"t no glamo"r& I remem'er he said that the newness had worn off his affair with me% and that he was tired of ha ing to try to decei e me whene er he saw a new person who appealed to him& 0e then 'oldly and 'ra/enly anno"nced his determination to get in his car and go to the apartment of Arlene Ferris and force her to apologi/e for stealing his car& 0e said if she wasn)t 4nice) to him he)d ha e her arrested for car stealing& 0e said that he liked women who were diffic"lt% that he was really going to make her pay

for what she had done& +I was terri'ly "pset and he was in a 'eastly mood& I finally slapped him& Then he started to choke me& I ran into the kitchen and tried to get o"t the kitchen door& It was 'olted and locked& There was no way o"t& 0e was 'etween me and the door 'ack to the li ing room& I kept a ta'le 'etween "s& 2y that time he was in a m"rdero"s rage& I gra''ed a '"tcher knife& 0e l"nged toward me% st"''ed his toe and missed& As he went 'y me% half falling% I lashed o"t with the '"tcher knife& I didn)t know I had killed him& I did know the knife had gone into his 'ack& I had no idea it wo"ld go in so easily& I was frightened at what I had done% '"t I had no idea he was e en serio"sly wo"nded& I only hoped the knife thr"st wo"ld slow him down eno"gh so I co"ld escape f"rther a'"se& I ran into the li ing room& +0e tried to chase me '"t st"m'led and fell 'y the ta'le& I dashed o"t% got in my car and dro e away&There was silence in the co"rtroom& ,ason said ("ietly and with consideration in his oice% +,iss 2ristol% did he tell yo" anything a'o"t a check for fi e h"ndred dollars1She nodded& +That was why he 'ecame so impet"o"s with Arlene Ferris& 0e said that he had intended to play it slow and easy for a while '"t that Otto <eswick% who with Sadie $ichmond had 'een 'lackmailing him for some time o er certain of his affairs he didn)t dare ha e come to the attention of his father% had called him and said they needed fi e h"ndred dollars at once and wo"ld 'e o"t within half an ho"r&,ason t"rned to the 'ack of the co"rtroom& +.ow perhaps we)ll hear from yo"% ,r& Al'ert%- he said& Al'ert arose and said with dignity% +As it happens% ,adge Elwood is my wife& We were married last night in #as ;egas& I flew 'ack here in order to 'e present in co"rt& As the h"s'and of ,adge Elwood I cannot 'e called "pon to testify against her% nor can she 'e called "pon to testify against me&Al'ert sat down& 6"dge 2ayton looked at the district attorney% then at Carson% then at ,ason& +9oes the defense ha e any f"rther e idence1+.one% 3o"r 0onor&+The case against the defendant is dismissed%- 6"dge 2ayton said& 4The Co"rt orders Edith 2ristol into c"stody& The Co"rt does so with rel"ctance& The Co"rt feels that this yo"ng woman has told her story with great sincerity& It is a story which has made a deep impression "pon the Co"rt&

The Co"rt has e ery reason to 'elie e that a *"ry will 'elie e that story and that #oring #amont was killed in self-defense& Co"rt is now ad*o"rned&-

Chapter Fifteen
7erry ,ason% 9ella Street% 7a"l 9rake and Arlene Ferris sat in ,ason)s office& Arlene Ferris% almost hysterical with *oy% was red-eyed from crying% and 9ella Street sat 'eside her holding her hand% patting it reass"ringly from time to time& +Well%- ,ason said% tossing his 'rief case on the desk% +there)s another case o"t of the way&+It)s *"st a case to yo"%- Arlene Ferris said% +'"t it)s my whole life&,ason looked at her sympathetically& +It)s his whole life% too%- 9ella Street said& +0is life)s work is to see that *"stice is done% not only in one case% '"t in all his cases&+Come on% 7erry%- 7a"l 9rake said% +*"st what happened1+It)s simple%- ,ason said& +#oring #amont was a wolf& 0e deli'erately planned a con("est of Arlene& 0e wo"ld do it nicely if he co"ld& 0e wo"ld do it the hard way if he co"ldn)t do it the easy way& Apparently he had had ("ite a 'it of e!perience and he knew the California law% that a woman who 'ecomes the complaining witness in a rape case can 'e ("estioned a'o"t past indiscretions& +That gi es an "nscr"p"lo"s man with "nlimited money to hire detecti es a ery considera'le leeway& +0owe er% Otto <eswick p"t the 'ite on #oring% told him he wo"ld 'e o"t in half an ho"r& #oring decided to speed "p operations& We know what happened& +Sometime later% ,adge Elwood had telephoned and told him she)d 'ring his car o"t& She also told him she)d arrange to get dry clothes for him% '"t ,adge Elwood didn)t ha e any intention of 'eing placed in the same predicament Arlene had& So she called for her fiance% George Al'ert% to go with her& In the meantime she called Edith 2ristol& Edith went to the apartment% got the things #amont wanted and went o"t to the lodge& ,adge deli'erately ga e Edith a head start&+Why didn)t Edith lea e her car and dri e #oring #amont)s car o"t to die lodge1- 9rake asked&

,ason said% +.othing was said a'o"t that& #amont didn)t want either to dri e Edith home or 'e saddled with her for the rest of the e ening& $emem'er the e idence shows he had 'een drinking hea ily& When ,adge telephoned him he told her to ha e Edith% who li ed close to his apartment and had the only other key% go and get some dry clothes and 'ring them o"t& Then ,adge was to 'ring his car o"t and he planned to ha e Edith dri e ,adge 'ack& #oring #amont didn)t intend to let Arlene get away with her co"p& 0e pro'a'ly planned to dri e to her apartment and s"rprise her& This time he didn)t intend to let her throw a chair +And the clothes1- 9rake asked& +2y the time ,adge and George Al'ert got o"t there%- ,ason said% +#oring #amont was dead& I)m satisfied that they fo"nd the 'ody and simply decided to say nothing a'o"t it& They felt that the police wo"ld 'e witho"t any cl"es% and they wanted to keep o"t of it& So they decided to take #amont)s discarded clothes and hide them& In that way they felt they co"ld keep anything from coming o"t a'o"t what had really happened& ,adge was sa ing Edith)s good name% Arlene from p"'licity% and protecting herself at the same time& So ,adge simply ret"rned #amont)s car to the place where Arlene had parked it& She and George Al'ert felt no one wo"ld e er know what had happened after Arlene left&+Isn)t that a crime1- 9rake asked% +failing to report finding a m"rdered man1 Can)t they 'e hooked on that1+S"re% it)s a crime%- ,ason said grinning% +pro ided the 9&A& can pro e it&+0e can)t pro e it1,ason shook his head& +They)re married& 2"rger can pro e ,adge Elwood phoned Edith to go o"t to the lodge% '"t he can)t pro e ,adge Elwood e er went o"t there& Thanks to the way the police tried to 'rainwash 6erome 0enley% there)s no way of pro ing ,adge was the yo"ng woman who parked #oring #amont)s car& At first 0enley said she was% then he said she wasn)t% then he swore he didn)t know& It)s a case of the prosec"tion kicking its own case o"t of the window 'y trying to infl"ence a witness&+0ow a'o"t the check #oring #amont wrote o"t there at the lodge19ella asked& +If Otto and Sadie were so an!io"s to get it why didn)t they cash it1+It)s almost a s"re 'et%- ,ason e!plained% +that they wanted this check to finance some gam'ling acti ities of their own& I)d 'e willing to wager that when the facts are known we)ll find that pair t"rned the check o er to

some 'ookmaker that night& The ne!t day 'efore the check was presented at the 'ank this person learned of the death of #oring #amont and knew the check was worthless& A 'ank can)t pay any check drawn on the acco"nt of a depositor once the 'ank knows the man is dead& So the holder of the worthless check tore it "p rather than get mi!ed "p in a sit"ation where he)d ha e e!planations to make&+0ow a'o"t the other check% the one from 6ar is 7& #amont1- 9ella Street asked& +The one he ga e ,adge Elwood1,ason said% +0e did that so she co"ld get married and so neither she nor Al'ert co"ld 'e called as a witness& 6ar is 7& #amont wanted to protect the so-called good name of his son if he co"ld& Apparently he was willing to sacrifice Arlene in order to do it&+2"t%- 9ella Street asked% +how in the world did 6ar is 7& #amont know all that had happened1,ason grinned& +I think we ha e to concede% 9ella% that ,adge Elwood is a ery ast"te yo"ng woman as well as a good-looking one&+3es%- 7a"l 9rake chimed in% +that makes me wonder what yo" were talking a'o"t all that time she was changing her skirt in Arlene)s apartment& It seems to me yo" were gone ("ite a spell on that trip& What were yo" talking a'o"t1,ason winked at 9ella Street& +2ooks% 7a"l%- he said& +.e!t time%- 9rake o'ser ed% +yo")d 'etter "se me to do yo"r leg work&+It was 'rain work%- ,ason corrected& The End