Mason grinned. "It must have been," he said, "and that fact is going to give Hamilton Burger, the district attorney, and Lieutenant Arthur Tragg of Homicide, a terrific jolt. That fact, Della, puts our client in the clear and puts us in the clear."
"Just how will the D.A."s office get jolted?" Della Street asked.
"Finding a gun in Ellen Robb"s possession, thinking that it"s the murder weapon, getting everything all built up, turning the fatal bullets over to the ballistic department and then finding that they didn"t come from that gun at all."
"In that event, what gun did they come from?" Della Street asked.
Mason stroked the angle of his jaw with the tips of his fingers. "I wish I knew the answer to that," he said. "It doesn"t seem possible that the bullets could have come from the gun that we returned to The Big Barn . . . but if they did . . . if they did, we"re in one h.e.l.l of a predicament, Della."
"What would we have to do?"
"I"m darned if I know," Mason said. "If I keep quiet I"m perhaps compounding a felony, perhaps making myself an accessory after the fact--to use a legal expression--in a murder case."
"And if you go to the police and tell them the story?"
"If I go to the police and tell them the story," Mason said, "they won"t believe me. They"ll think I am simply trying to work some elaborate scheme to trap the police and throw the prosecution off the track. And in any event I"d still be in a jam, this time for betraying the interests of a client."
"Are you honor bound to keep all the facts in connection with her case confidential?"
"Probably not," Mason said. "Strictly speaking, a privileged communication is rather limited. A lawyer is technically only ent.i.tled to protect the confidences of his client within a very limited field. The confidences are those that are given to the attorney in order to enable him to represent the interests of his client.
"That"s the narrow, technical rule. Practically, by both usage and custom, the rule has been expanded. I know as far as I"m concerned, I"d rather have my hand cut off than betray the interests of a client. If I"m representing a client, I want the representation to be honest, loyal and efficient. I make it a point to believe everything my client tells me and to act accordingly in order to protect the best interests of that client."
"Yet you recognize there"s a possibility the client may lie?"
"I recognize the possibility the client may lie," Mason said.
"Well," Della Street said, "as I see it, there"s nothing to be done until the police get a report from the ballistics department on those bullets."
"That"s right," Mason said. "After they find out that the bullets that killed Mrs. Ellis didn"t come from that gun, then the question is, did they come from the gun we took from Ellen Robb? If they didn"t, we"re in the clear. If they did, then we"re right slap-bang behind the eight ball."
"We can find out?" Della Street asked.
"We can find out," Mason said, "because fortunately I had Paul Drake get a ballistics expert to fire test bullets from the gun. We have those test bullets. Paul Drake can get photographs of the fatal bullets, and we can compare the striations. That"s not the best way of making a comparison, but it will do under the circ.u.mstances. We can reach a pretty fair opinion. In other words, if the test bullets don"t match the fatal bullets, we can tell. If they do, we can"t be absolutely certain. But if we get enough lines of striation in the photograph, we"ll know that there"s a very good possibility the fatal bullets were fired from that gun."
"And then?" Della Street asked.
"Then we"ll cross that bridge," Mason said. "We should be hearing from Paul any--"
Drake"s code knock sounded on the door. Mason nodded to Della Street, who opened the door and let Paul Drake in.
Mason, standing in the middle of the office floor where he had paused mid-stride when Drake knocked on the door, nodded to the detective, said, "What"s new, Paul?"
"I hate to bring bad news," Drake said, "but if the ballistics check shows that Nadine Ellis was killed by a bullet from the gun that the police took from Ellen Robb"s motel room, she doesn"t stand the faintest whisper of a chance."
"And if the bullets don"t check?" Mason asked.
"They"ve probably got a case against her," Drake said, "but it won"t be dead open-and-shut."
"I don"t see what evidence they have," Mason said, frowning.
"Well, naturally they"re not telling," Drake said. "From what I can pick up in the way of scuttle b.u.t.t around Headquarters, they seem to feel they have an airtight case--and, of course, once the ballistics experts show Nadine Ellis was killed by a bullet from that gun the police took from Ellen"s motel, they have a case that neither you nor any other lawyer can win. That ballistics evidence will make it a copper-riveted cinch."
"All right, Paul," Mason said. "I"ve got some confidential information for you. The gun won"t check. Now, start working on the case from that angle and see what your investigation shows up."
"You mean the bullets weren"t fired from that gun?"
"They weren"t fired from that gun."
"How sure are you, Perry?"
"Positive."
"That"s going to make a difference," Drake said. "But, look, Perry, you can"t be positive. You never know when a client is lying to you and when she"s telling the truth. Particularly a girl like Ellen Robb. She can be convincing as a liar. She"s a past master at pulling the wool over your eyes."
Mason said, "n.o.body"s pulling the wool over my eyes, Paul. The bullets won"t check."
"Well, that"s something," Drake said. "There"s one thing certain. If they don"t check, that will hit the district attorney an awful wallop right between the eyes."
"He"s going to be hit a wallop, then."
Drake was thoughtful. "There"s only one way you could be certain, Perry."
"How"s that, Paul?"
"That gun you gave me to take to Maurice Halstead, Perry."
"What about it?" the lawyer asked.
Drake was thoughtfully silent.
"Well?" Mason prompted.
"Look, Perry," the detective said, "if you pulled one of those gun-switching acts of yours, and if that gun I gave Halstead should prove to be the murder weapon . . . well, I"m bailing out, that"s all. I can"t go that far."
"No one"s asked you to, Paul."
"I"d have to tell what I know."
"When?"
"As soon as I knew it made any difference in the case."
"We"ll let it stand that way," Mason said.
"I"m not going to sleep tonight, Perry," Drake said.
"Take a pill."
"That won"t help. Good Lord, Perry, do you know what you"re doing?"
"It"s not what I"m doing that worries me," Mason said. "It"s what I have done."
"So what do I do now, Perry?"
"Wait until you"re certain," Mason said.
"Maurice Halstead will also be doing some thinking as soon as he"s seen the papers," Drake pointed out.
"Let him think, Paul," Mason said.
The phone rang.
Della Street picked up the telephone, said, "Yes," then to Paul, "It"s for you, Paul."
"That"ll be a report on what ballistics found out," Drake said. "I told my office to call me here if they got that report but not to bother me otherwise."
Drake picked up the telephone, said, "h.e.l.lo . . . uh-huh . . . . They"re sure? No chance of a mistake well, that"s interesting . . . . Okay, I"ll be back in the office in a few minutes. "Bye now."
Drake hung up the telephone, c.o.c.ked a quizzical eyebrow at Mason, and said, "Why were you so d.a.m.ned sure those bullets weren"t going to match, Perry?"
The lawyer grinned. "Call me clairvoyant or psychic, Paul."
"Well," Drake said, "you"d better throw away your crystal ball and try tea leaves. The fatal bullets that killed Nadine Ellis were fired from the gun that Ellen Robb had in her possession when the police arrested her."
CHAPTER TEN.
Donovan Fraser, a relatively new and somewhat eagerbeaver deputy district attorney, arose to address the Court.
"If the Court please, we expect to show that the defendant in this case, Ellen Robb, was attempting to break up the home of the decedent, Nadine Ellis, that quite understandably friction developed between the two women, that the defendant surrept.i.tiously and with malice aforethought entered the yacht belonging to Mr. and Mrs. Ellis, knowing that Mrs. Ellis was aboard, that she fired two shots into the body of Mrs. Ellis and then, having a.s.sured herself that her enemy was dead, she pointed the yacht out to sea, started the motors and trusted that the natural risks incident to marine navigation in a small boat of this sort would result in the loss of the boat and its grisly occupant.
"We expect to show that a gun found in the possession of the defendant, Ellen Robb, inflicted the fatal wounds upon Nadine Ellis and we shall ask that the defendant be bound over to the Superior Court for trial."
Judge Staunton Keyser looked down at the young man thoughtfully, said, "You don"t need to make an opening argument to the Court in a preliminary hearing, Mr. Deputy District Attorney. As I understand it, this is simply a question of showing that a cime has been committed and that there is probable cause to believe the defendant committed that crime."
"I understand, Your Honor," Fraser said, "but in view of the well-known tactics of defense counsel, who always tries to put on a case at the time of the preliminary examination, I felt that the Court should be advised of what we are trying to do."
"You go right ahead," Judge Keyser said, "and never mind the tactics of opposing counsel. Just put on your proof. Call your first witness."
Fraser called the captain of a Coast Guard cutter to the stand.
"Are you familiar with a yacht called Cap"s Eyes?"
"I am."
"Are you familiar with the doc.u.ments of registration in the Coast Guard records as to ownership of that yacht?"
"Yes, sir."
"Who owns that yacht?"
"Helman Ellis."
"Did you have occasion to see that yacht on Thursday, the eleventh day of this month?"
"I did. Yes, sir."
"Will you explain the circ.u.mstances."
"We were notified by the Navy that the yacht was drifting helplessly with a murdered woman aboard. I called the FBI and the coroner"s office. I was instructed to take Dr. Andover Calvert out to the yacht, together with a representative of the sheriff"s office and an agent of the FBI. We had to wait a short time until these men arrived. Then we flew to Catalina, picked up a deep-sea patrol boat there and proceeded at high speed to where the yacht was located. At that time we made an inspection of the yacht. Do you want me to tell you what we found?"
"In general terms, yes."
"The fuel tank of the yacht was quite dry. The yacht was drifting in an area which is devoted to naval maneuvers and where small craft are forbidden to venture. The body of a woman was lying in the cabin. We took photographs of the body."
"Do you have those photographs?"
"I do."
"We"d like to have them introduced in evidence."
"No objection," Mason said.
"Very well," Judge Keyser ruled, "they may go into evidence as People"s Exhibit-- How many are there, Counselor?"
"Seven."
"All right, People"s Exhibits A-i, A-2, A-3, A-4, A-5, A-6 and A-7. Proceed."
"What did you do?"
"After completing inspection of the yacht we fastened a tow cable and brought the yacht into port."
"Cross-examine," Fraser said.
Mason arose and approached the witness. "How long have you been with the Coast Guard, Captain?"
"Some twenty years."
"You are quite familiar with the waters around Southern California?"
"I am, yes."