“Here is a tall, young Negro lad with a mustache, carrying a paper bag.
“The place in question was held up by a tall, young Negro lad, wearing a mustache, carrying a paper bag.
“It is the theory of the prosecution that the defendant made his escape, hid the money somewhere, put half a dozen packages of cigarettes in the paper bag, and then, when he was arrested, explained that he had been running short of cigarettes; that he went to a coin-vending machine in the neighborhood, bought the six packages of cigarettes, put them in a paper bag he had taken with him, and was returning to his modest apartment when he was apprehended by the police.
“I ask you, if he had disposed of the money so that he could conceal the evidence against him, why, in the name of reason, didn’t he also dispose of the paper bag?
“A tall, young Negro with a mustache and carrying a paper bag was like a magnet to the police within a matter of minutes after the holdup when the alarm had been broadcast on an all-points bulletin.
“People get a fleeting glimpse of an individual. They remember the salient points. In this case, that he was a tall, young Negro with a paper bag and a mustache. That is all they really remember.
“Later on when they try to cudgel their recollection into producing additional facts at the insistence of the police officers, they hypnotize themselves into believing there are other things which they remember clearly. Later on they are given photographs to look at, the so-called mug shots of the police. They are asked to study these photographs carefully. They study them until they see the defendant in a line-up and promptly pick him out as the man they saw running down the street, carrying a paper bag.
“It is a case of self-hypnotism.
“It is incumbent upon the prosecution to prove its case beyond all reasonable doubt. I ask you to return a verdict of not guilty.”
Mason returned to his seat.
The Deputy District Attorney in his closing argument resorted to sarcasm.
“The defendant robs the store. He puts the money in a paper bag. He is seen running down the street by three witnesses. He tried to fabricate the evidence after he has hidden the money by putting some packages of cigarettes in the paper bag so that it will look like an entirely innocent transaction.
“Three reputable eyewitnesses identify this man positively. Perry Mason, who is one of the shrewdest cross-examiners in the country, has resorted to every arrow in his legal quiver to weaken the testimony of these men. They remain unshaken.
“Don’t be hypnotized by eloquence. Don’t by swayed by spurious reasoning. Don’t be conned out of your just convictions. Go out and find this man guilty.”
It was after five o’clock by the time the Judge had finished his instructions, and the jury retired immediately.
It was expected there would be a quick verdict, but the jury was taken out to dinner at six-thirty, returned at eight, and resumed deliberations. By nine o’clock the buzzer sounded and the jury announced they had agreed upon a verdict.
The courthouse grapevine promptly transmitted the news.
The jury had found the defendant guilty.
The Judge took his place on the bench, the defendant was brought into court. All was in readiness for the jury to be received when a plain-clothes officer hurriedly pushed his way through the swinging doors of the courtroom, dashed down the central aisle, approached the bench, and said something in a whisper to the Judge.
The Judge frowned, leaned forward for a whispered colloquy. Then the Court said to the bailiff, “You will keep the jury waiting for a few minutes. I will ask counsel for both sides to join me in chambers.”
When the Judge had retired to chambers, he kept on his judicial robes, seated himself in the creaking swivel chair back of his desk, and said, “Gentlemen, there has been a surprising development in this case.
“The police have apprehended a man in the act of holding up a store. They found a cache of money containing one of the hundred-dollar bills taken from the store in the robbery which is being presently tried before this court.
“You gentlemen will remember that the proprietor had taken the numbers of those hundred-dollar bills. The culprit has confessed to the holdup. It appears that the defendant in this case is innocent.”
“What!” the Deputy District Attorney exclaimed.
The Judge nodded.
“But they’ve agreed on a verdict,” the prosecutor blurted. “It’s ‘guilty.’ ”
“We can’t let that verdict be received in court,” the Judge said, “and there is a legal point. Having agreed upon the verdict, I don’t know offhand exactly what the legal status of the case is. I could, of course, call the jury into court, explain the circumstances to them, and instruct them to return a verdict of ‘not guilty’. But it is my present idea that the best thing to do is to tell the jury that circumstances have occurred which necessitate their discharge before any verdict is formally received in court.”
“Explaining the circumstances to them, of course,” Mason said.
“Certainly not!” the Deputy District Attorney objected.
“Why not?” the Judge asked.
“Because this would tend to weaken the whole fabric of identification evidence,” the Deputy protested.
“Otherwise,” Mason said, “the twelve people on that jury are going out and criticize the Judge and the administration of justice. It’s a lot better to have the people lose a little faith in too confident, too cocksure eyewitness identification than it is to lose confidence in the administration of justice.”
“I think so, too,” the Judge said, pushing back his swivel chair and getting to his feet.
“Gentlemen, we will return to court. I will call the jury in, and before I ask them if they have agreed upon a verdict, I will make a brief statement to them advising them of recent developments and discharge the jury. At that time you, Mr. Deputy District Attorney, can ask for a motion dismissing the case. It will be granted.”
The Deputy District Attorney accepted the Judge’s decision wih poor grace. They returned to the courtroom, and the Judge made a brief statement to the jurors as to what had happened.
Mason enjoyed watching their astounded expressions as they realized the significance of what the Judge was saying.
Then the lawyer shook hands with the jurors. The jurors, after some hesitancy, shook hands with the defendant, and Mason said to his client, “Go home and shave that mustache off and never wear one again. Also never carry a paper bag.”
The defendant laughed. “Tall Negro boy with a mustache. Tall Negro boy with a paper bag, yes, sir. I am going back home and shave off that mustache just as soon as I can get my hands on a razor, and I’m never going to carry anything in a paper bag again!”
Mason, tired after the long trial, nevertheless stopped in at his office on the way home.
Della Street had left a note for him:
8:45 P.M. COULDN’T WAIT ANY LONGER, BUT WANTED YOU TO SEE THE AD IN THE EVENING PAPER. IT’S ON YOUR DESK.
Mason picked up the folded paper, looked at the ad which had been circled.
The ad read:
36-24-36. WANT TO AVOID ANY TRAPS. WILL BE AT HOTEL ENTRANCE IN TAXICAB AT EXACTLY NINE O’CLOCK TONIGHT. CONTACT ME THERE. NO WITNESSES, PLEASE. U NO HOO.
Mason regarded the ad thoughtfully, then dialed the number of the Drake Detective Agency.
“Perry Mason talking,” he said. “Is Paul Drake in?”
“No, he isn’t. Mr. Drake’s out working on a case. He said he didn’t know when he’d be back.”
“Anyone there know what job he’s working on?” Mason asked.