“Even without walking over to where the tracks were?”
“Yes, sir. People that live out in the country the way I do get so they’re pretty good at telling things about tracks, and the minute I saw these tracks, even without walking over to them, I could see that a woman had got out of that automobile and had really high-tailed it down to the road; and then I saw where she’d come back and she was walking slow and easy like when she came back. So I decided I’d just better tell the sheriff about the thing.”
“So then what did you do?”
“Just what I told you.”
“Now, would it have been possible for any person to have gone out to that automobile without leaving tracks?”
“Not in the ground that’s around that automobile. No, sir. There’s kind of a seepage there and the ground is nearly always soft for quite a little while after a rain.”
“Did you find the gun?”
“Yes, sir, I did.”
“When?”
“Well, that was after the sheriff got out there and we looked the tracks over a bit and the sheriff asked me to tell him what I could about them, and I noticed the tracks made by this man Fleetwood when he got out from behind the steering wheel of the automobile and walked around the front of the car. I could tell from those tracks that about the time he got even with the headlights, he’d turned around and done something, and the way the right foot was sort of smudged, I figured that he’d heaved something or thrown something and told the sheriff about it. So, the sheriff and I, we went out in the hard ground and started looking around and found it. It just happened I was the one that found the gun.”
“And what happened? Did you pick it up?”
“Not me,” Overbrook said, grinning. “I’d read enough detective stories so I know about fingerprints. I just called the sheriff and told him the gun was over there, and the sheriff didn’t pick it up. Not then. We got a stake and drove it into the ground where the gun was lying, and then the sheriff got a piece of string and slipped it through the trigger guard on the gun and pulled it up so he didn’t touch it. That way we didn’t smudge any fingerprints that were on it. I heard afterwards, that they’d found...”
“Never mind what you’d heard,” Danvers said, interrupting. “Just tell Mr. Mason the facts.”
“Yes, sir.”
“I think that’s all,” Mason said.
“That’s our case, Your Honor,” Danvers said.
“You’re resting?” Mason asked, with some surprise.
“Certainly,” Danvers said.
“I move that the Court dismiss the case and free the defendant from custody,” Mason said. “There is no evidence sufficient to show that she is in any way connected with what happened.”
“On the contrary,” Danvers said. “There’s every evidence. We have to go through with this every time, Your Honor, but I suppose I may as well point out for the sake of the record what we have. We now have the testimony of witnesses showing that Allred was unconscious in an automobile, that Mrs. Allred was in the luggage compartment of that automobile. These tracks can’t lie. The person who was in the luggage compartment of that automobile got out and ran to the highway. Then after a while she turned around and walked back to the car, got in it and drove away. The unconscious form of her husband was in the car at that time. He couldn’t have recovered consciousness and left the car without leaving tracks. You can see from this diagram of tracks where the car was backed, turned and driven back to the roadway, headed in the direction of the main mountain road.
“I have a lot of other evidence that I can introduce, but the object of the defense counsel at this time is to force me to show all of my hand without showing any of his, and then when the case comes up for trial in the superior court, he will be in a position to have me at just that much of a disadvantage.
“The only object of this preliminary hearing is to prove that a crime has been committed, and to show there is reasonable ground for believing that the defendant committed that crime. I claim I have abundantly met the requirements of the law.”
“I think so,” Judge Colton said. “The motion is denied. Does the defense have any evidence at all it wishes to introduce?”
Mason said, “I notice that George Jerome is in court, and yet he was not called as a witness.”
“I didn’t need him.”
“I’ll call him as my witness,” Mason said.
“Now then, Your Honor,” Danvers protested. “This is an old trick, and it’s just a trick. The lawyer for the defense knows that his client is going to get bound over, so he doesn’t care what happens in this court. He isn’t bound by it. Therefore, he calls people and goes on fishing expeditions and...”
“I understand the basic rules of courtroom tactics,” Judge Colton said, smiling, “but I don’t think you would claim, Counselor, that Mr. Mason does not have a right to call any person whom he wishes as a witness.”
“No, Your Honor, but I do want to point out that George Jerome will be a prosecution witness and, in the event Mr. Mason puts him on the stand, I want Counsel to be confined to the examination of this witness according to the strict rules of evidence. I don’t want him to start cross-examining the witness.”
“When and if that happens, you may object,” Judge Colton said. “In the meantime, George Jerome is called to the stand as a witness for the defense.”
Jerome was sworn, looked somewhat angrily at Mason as he settled his huge frame there on the witness stand.
“Your name is George Jerome. You’re a partner, or were a partner, of Bertrand C. Allred?”
“Yes, sir.”
“You were, of course, quite well acquainted with Allred during his lifetime?”
“Yes.”
“When was the last time you saw him alive?”
“Objected to as incompetent, irrelevant and immaterial,” Danvers said.
“Overruled.”
“Well, it was, let me see. It was Monday evening about — oh about half-past six o’clock, I’d say.”
“Where?”
“Now you mean the last time I saw him?”
“Yes.”
“Well, it was out at his house. That is, out at the part of the house he calls his office — the place he has set aside for his office work.”
“That was Monday evening, the night of the murder?” Mason asked.
“Yes, sir.”
“What did you talk about?”
“Objected to, if the Court please, as incompetent, irrelevant and immaterial.”
“Sustained.”
“Was anyone else there with you at that time?”
“No, sir.”
“Now when you drove away from that house did you take Mr. Allred with you?”
“Yes, sir. I did.”
“In the automobile with you?”
“Yes, sir.”
“You took him up to the Snug-Rest Auto Court, didn’t you?”
“Objected to as leading and suggestive.”
“Sustained.”
“Where did you take him?”
“To a car rental on Seventh Street.”
“Then what did you do?”
“I stopped the car and let him out.”
“Did Mr. Allred tell you why he wanted you to take him there?”
“He said he wanted to rent a car.”
“Did he say where he wanted to go in that car?”
“No, sir.”
Paul Drake, pushing his way through the spectators, opened the gate in the mahogany railing which separated the bar from the spectators, tiptoed to Mason’s side and whispered, “I’ve just found out, Perry, that the D. A.’s office knows all about how Allred got to the Snug-Rest. He rented a car and driver to take him up there. He got there between nine-thirty and ten-thirty, the driver isn’t certain of the time. Of course, that doesn’t help you any because, while it corroborates Mrs. Allred’s story, it also ties right in with Fleetwood’s story.”