Mason said, “That’s rather significant, don’t you think, Carl?”
“What do you mean?” Mattern asked in surprise.
Mason said, “You haven’t any alibi until around eleven o’clock on Tuesday morning. From then on, you have a perfect alibi covering every minute of the day, and the interesting thing is that in virtually every instance you made certain that the time would impress itself upon your witnesses.”
“What do you mean?”
Mason stared at him steadily. “I mean, Carl,” he said, “that you were trying to give yourself an alibi, that you were taking every precaution to see that every minute of your time was accounted for… Take for instance your comments with the secretary of the building manager on the length of time your conference had taken… The discussion about time at the jewelry store… The appointment with the tax accountant, and last of all that five-twenty dinner date.”
“Why, I… I don’t know what you’re talking about, Mr. Mason.”
“Oh, yes, you do,” Mason said gently. “You must have known he was dead before you went over to the broker’s, Carl.”
For a long moment, there was tense silence in the apartment. A cheap alarm clock ticked audibly on the dresser. Mattern’s eyes, wide and protruding behind the dark-rimmed spectacles, showed consternation.
Mason said, “I don’t think you killed him, Carl, but I do know that you were interested in that stock transaction. You knew that he was dead before it was time to go over to the broker’s office, and you knew that you had to make it appear Tidings was alive at the time that agreement was concluded.
“You were shrewd enough to realize that if you did make it appear he was alive at noon on Tuesday, the authorities would be forced to fix the time of death as almost immediately after noon, and so you were careful to build up an alibi which would protect you during the afternoon.”
Mattern said, “Mr. Mason, I can assure that I did nothing of the sort. I…”
“Don’t get yourself in bad,” Mason said.
“What do you mean?”
“Simply this,” Mason observed, crossing his legs, settling comfortably back against the chair, and lighting a cigarette. “I’m a mean fighter, Carl.”
“So I’ve heard.”
“In a fight,” Mason said, “I try to damage my adversary in every way possible. I hit below the belt.”
Mattern nodded.
“I’m representing a person,” Mason said, “who is going to be accused of the murder of Albert Tidings.”
“And you mean you’d try to pin it on me in order to get that person off?”
Mason struck a match to his cigarette, blew out the flame, and smiled affably at Mattern. “Exactly,” he said.
“Do you mean to say you’d frame an innocent man…”
“Wait a moment, Carl,” Mason interrupted, stopping him with an upraised hand. “Let’s leave the innocent man out of it.”
“But I am innocent.”
“That,” Mason said, “is nothing for me to decide. That’s up to the jury.”
“But you have no reason to believe I killed him.”
Mason said, “Frankly, Carl, I don’t think you did.”
“Then why are you accusing me of it?”
“I’m not accusing you of it,” Mason said. “I’m simply telling you that you knew he was dead prior to Tuesday noon, that you covered up that death, and then started getting yourself an alibi. But you’ll find a jury isn’t going to be as charitable as I am.”
“You must be crazy!”
Mason said, “I’m willing to believe that you’re not a murderer, that you shrewdly manipulated things so you could close the sale of that Western Prospecting stock. When you found Tidings was dead, you realized you had to keep his death covered up until you could put through that deal. But what you overlooked, Carl, was that once you started tampering with the facts, a jury would conclude you were guilty of murder.”
Mattern blinked his eyes rapidly. “They couldn’t,” he said.
“Oh, yes, they could, Carl. Let’s suppose, for instance, that you had reason to believe Tidings was going to be at that bungalow on Tuesday morning. Suppose you went out with a brief case filled with mail and documents to get instructions, and suppose you found Tidings lying dead on the bed. You slipped quietly out of the house without anyone seeing you. You knew that the news of his death would put a stop to that stock deal, and so you decided to have it appear that he had died shortly after noon on Tuesday. Fortunately, my telephone call gave you an opportunity for a second string to your bow. I had never heard the voice of Albert Tidings. By a bit of vocal manipulation you were able to leave me with the impression that I had talked with Tidings over the telephone.
“You’re a very clever young man, Mattern, but you must give me credit for knowing something about the psychology of a juror. I’m telling you, Mattern, plainly and frankly, that a jury probably would convict you of Tidings’ murder purely on circumstantial evidence once that chain of facts had been brought to light. The jury would consider that you’d killed him on Tuesday morning… And that would coincide with the findings of the autopsy surgeons.”
Mason devoted his attention to watching the smoke drift up from one end of his cigarette, seeming to dismiss Mattern entirely from his mind.
After a few seconds, Mattern said, “But those things can’t be proven.”
Mason smiled. “Oh, yes, they can,” he said. “I can prove them.”
“You can?”
“Yes.”
“How?”
Mason smiled and said, “I’m not going to disclose my entire hand, Mattern, but remember that you were a bit greedy and a little hasty. Realizing that the stock transaction might be open to question, you were just a little too anxious to get your split from Bolus. Peculiar chap, that Bolus. Rather selfish, I would say. Once the authorities accused him of being your accomplice in the murder, he’d move heaven and earth to show that he was your accomplice only on the stock jobbing deal, and that you alone were responsible for Tidings’ death.”
Mattern shifted his position uncomfortably in the chair.
Mason said, “Thought I’d let you know where I stood, Mattern, that’s all. I wanted to be absolutely fair.”
“What do you want me to do?” Mattern asked.
“Nothing,” Mason said, in some surprise. “Nothing at all. But I just wanted you to know that when it comes time for me to defend my client, I’ll be able to make out a pretty good case against you.”
Mattern laughed and said, “I can’t see what you’re getting at, Mr. Mason. By telling me this in advance, you’ve put yourself entirely in my power. Suppose I should relate this conversation to a jury?”
“No need for you to bother,” Mason said. “I’ll tell them about it myself. Remember, Mattern, I dropped in to tell you that I had reason to believe you knew Tidings was dead Tuesday morning before that stock transaction was concluded. Among other things, I wanted to hear your voice so I could convince myself that it was you who were talking with me over the telephone Tuesday morning. I’m convinced now.”
“A jury wouldn’t take your evidence very seriously.”
“Perhaps not,” Mason said. “It would be your word against mine.”
“And you’re interested in saving your client’s neck,” Mattern said.
“Just as you’re interested in saving your own,” Mason reminded him.
“Mine isn’t in any danger.”
“And,” Mason went on, “you’ll also remember that one of the reasons for this visit was to ask you if you had any financial interest in that stock sale of the Western Prospecting Company.”