“What evidence?” Mason asked.
“The exact time it would tilt over far enough so a body would roll down to the low side of the cabin.”
“I’ve told you what I found out,” Mason said.
“Yes, so you have — the uncorroborated word of the lawyer who is representing the owner of the bloodstained shoe.”
“Don’t you believe me?”
“I don’t know. A jury sure as hell wouldn’t.”
Mason smiled. “I think they would, Lieutenant. Come on, Della. Let’s go.”
A surprised Medford watched them emerge from the room, gazed after them with silent hostility as Mason piloted Della Street down the corridor.
“Good morning, officer,” Mason said. “I rather think Tragg wants to talk with you.”
Chapter 20
Judge Newark, taking his place on the bench, glanced inquiringly down at the vacant counsel seat beside Jackson. “Mr. Mason is not here?” he asked.
“Mr. Mason has asked me to carry on for the defense,” Jackson announced with dignity.
“If the Court please,” Maurice Linton began, “the prosecution wishes to...”
“Just a moment,” Judge Newark interposed. “The Court wishes to make an announcement before anything further is said by counsel on either side. The Court will take judicial cognizance of the tide tables, but it is possible that there is some difference in the time of tides at the particular spot where the yacht was anchored. I am inclined to believe the extent of the estuary — the body of water which is behind a certain given point and which, I believe, has a certain inertia, constitutes a local variation. The Court would like to receive evidence of the exact time lag between the published time schedules and the point where the yacht was anchored at the time of the murder. Is it possible to introduce such evidence at this time without seriously disrupting your plan of presentation, Mr. District Attorney?”
Hamilton Burger arose with slow and ponderous dignity. “I am afraid, if the Court please, that is hardly possible. The overnight developments in this case have been such that the prosecution wishes to ask for a continuance. I feel that I am not out of order in disclosing to the Court that the yacht was destroyed last night by what appears to have been a time bomb.”
Judge Newark cleared his throat. “Did the prosecution make any experiments prior to the destruction of this yacht?”
“I am sorry to say we did not, Your Honor. I understand experiments were conducted by Mr. Mason.”
“And Mr. Mason is not here?”
“No, Your Honor.”
Judge Newark picked up a pencil. “The Court has taken a deep interest in this matter of the tides. The entire case may hinge upon them. What is your attitude in regard to a continuance, Mr. Jackson?”
“I have been instructed to oppose it,” Jackson said.
“I believe,” Judge Newark observed, “there is a code provision limiting continuances to no more than two days at a time, or more than six days in all, and motions for continuance must be made upon affidavit. Do you have an affidavit, Mr. Burger?”
“No, Your Honor. I really feel that it would not be at all to the detriment of these defendants to consent to a continuance.”
“Counsel for the defendants seem to feel otherwise.”
“If the matter could be postponed until this afternoon,” Hamilton Burger pleaded desperately, “I think that I could get in touch with Mr. Mason personally and...”
“What’s your attitude in regard to a continuance until this afternoon?” Judge Newark asked Jackson.
“I’ve been instructed to oppose all continuances, Your Honor.”
“Very well, the prosecution will proceed with its case.”
Hamilton Burger announced with dignity, “Under those circumstances, Your Honor, the prosecution asks that the case be dismissed.”
Judge Newark’s face darkened. “Of course Counsel has it in his power to thwart the wishes of the Court. Inasmuch as jeopardy does not attach until...”
Judge Newark hesitated as though wondering just how strong to carry his rebuke.
Jackson interpolated, “I have been instructed not to oppose a dismissal, Your Honor.”
Judge Newark reached his decision. “Very well, the case is dismissed. The defendants are discharged from custody. I deem it only fair, however, to state that in the event the defendants are arrested again, the Court will take into consideration what has happened in this matter. Court is adjourned.”
Judge Newark arose from the bench, started for his chambers, then turned and said, “May I ask Counsel for both sides to appear in Chambers?”
Jackson hurried to a phone booth in the corridor, dialed Mason’s office and said imploringly, “Gertie, is the boss around?”
“He hasn’t come in yet.”
“There’s a mess down here. The judge has asked Counsel to meet with him in Chambers. I don’t like it. He’s become all worked up over some theory of tides. I think Mr. Mason should be here.”
“What did they do with the case?”
“Dismissed it.”
“Okay. I’ll try and get the boss. You stall things along. I’ll have Mr. Mason telephone if he comes in. That may mollify the old bird.”
“It is hardly seeming to refer to Judge Newark in such a manner,” Jackson reproached with supercilious dignity.
“He’s an old bird as far as I’m concerned,” Gertie said cheerfully, and hung up.
Jackson crossed the courtroom and opened the door of Judge Newark’s chambers.
Hamilton Burger and Maurice Linton seemed some what ill at ease. Judge Newark was writing down figures on a scratch pad. He glanced up, said, “Come in, Mr. Jackson. Where’s Mason?”
“He hasn’t showed up at the office yet. I’ve left word for him to call.”
“Very well,” Judge Newark said. “Sit down. Gentlemen, I am fully aware that under the law as it now exists, you can short-circuit a committing magistrate all together. However, I don’t like those tactics.”
Burger said apologetically, “I didn’t want to make the announcement publicly, Judge, but Mrs. Milfield now admits she was aboard that yacht about nine-thirty Friday night. A young man with whom she appears to be infatuated rented a rowboat from Cameron and took her out to that yacht.”
Judge Newark noted the time on the sheet of foolscap, made some more figures and pursed his lips.
“Does she claim her husband was alive then?”
“She claims he was dead. She claims she found him lying in what Counsel for the defense has referred to as position number one — the head near the brass-covered threshold leading to the stateroom.”
“Why didn’t she report it?” Judge Newark asked.
“Afraid that she’d be accused of murdering him. She tried to cover up.”
“Humph!”
“That’s exactly the way I felt about it,” Burger said.
Judge Newark began drawing aimless lines on the pad of legal paper. “The doctor’s testimony is that there wouldn’t have been an active hemorrhage for more than a period of some twenty minutes after the fatal blow had been struck. Therefore, the murder must have been committed at a time when the yacht had begun to tilt, but hadn’t as yet assumed its maximum tilt. Its tilt or list, however, must have increased within a period of twenty minutes after the crime so that the body rolled over to the low side of the yacht. Now the question is, how does that list take place? Is it a slow, gradual list, or does the boat tilt part way over, remain in that position for a while and then make a last sudden shift of position? That’s the important question in this case. Can you answer it?”
“I can’t,” Hamilton Burger admitted.
“That’s the important point in the case,” the judge said, his voice containing a rebuke.