“It wasn’t until that time I realized that from the nature of the ground in which the car was sitting my tracks showed. They showed just exactly what I had done, and I knew that if I left tracks going back to the automobile, then leaving the automobile and going back to the road again, it would look as though I had returned to kill my husband with the jack handle.
“So I thought I’d drive the car to some place where the ground was firmer, where I could get out without leaving tracks. Then I got the idea, why not drive the car off the grade and make it look as though my husband had lost control of the car?
“Well, I did that, and that was when I got the idea of pretending that Bob had stolen my car. I thought that would pass the buck to him, and then if anything turned up, in order to save his own skin, he’d have to say that he killed Bertrand in self-defense. I... well, I guess I didn’t do a very good job of thinking, but I’d been through a lot that night, Mr. Mason.”
Mason said, “Is this the truth?”
“It’s the truth.”
“Look at me.”
She met his eyes.
“If I’d known this a long while ago,” Mason said, “I could probably have tied the killing to Bob Fleetwood. As it is now, you’ve lied and Fleetwood has lied. A judge or jury will have to toss up to decide which is telling the truth.
“The fact that Fleetwood threw the gun away makes me feel your husband was dead when Fleetwood left the car, but because you lied at the start, you’ve given Fleetwood all the trumps to play against us.”
“I’m sorry, Mr. Mason.”
“Look here, is this the truth?”
“Yes.”
Mason said, “If you are changing your story simply because you think Fleetwood’s testimony has given you a good chance to crawl out from under, you’re a fool.”
“No, I’m not just changing my story. I’m— I have Pat to think of... I...”
She started to sob.
Mason said, “Well, I’m not going to let you change your story. I’m not going to let you tell any story for a while. You aren’t to talk with anyone — anyone. Do you understand that?”
“Yes.”
“And don’t ever forget, a good lie can sometimes have all the grace of artistry, but only the truth can have the ring of sincerity.”
And Mason raised his hand, beckoned to the deputy.
19
Mason, Della Street and Paul Drake sat at a luncheon table in a restaurant at the country town where Judge Colton was presiding over the preliminary investigation.
“Well,” Mason said, “at this late date, my client tells me another story, Paul.”
“The same thing that Fleetwood says?”
“Just about. She says her husband was dead when she entered the car after Fleetwood had left it. If she’s telling the truth on that, I don’t know how I’m ever going to get a jury to believe her.”
“I’d say that Allred must have been dead when Fleetwood threw the gun away,” Drake said. “Otherwise, Fleetwood would hardly have thrown the gun. That’s the act of a man who is trying to get rid of a murder weapon. He’d struck Allred on the head hard enough to kill him, and he knew it. The weapon he used had been the barrel of the gun, and when he threw the gun away it was a very natural, logical, and typical effort on the part of a murderer to get rid of the murder weapon.”
“I know,” Mason said, “but I don’t know whether a jury will know. In all probability, the other way is better. If it’s the truth.”
“What other way?” Drake asked.
“Make the jury realize the character of Bertrand Allred. Let the jury feel that Allred was still alive when his wife got in the car; that she started to drive him home; that Allred regained consciousness and started struggling with her, trying to overpower her; that she hit him then and killed him in self-defense.”
“You could make quite a case that way,” Drake said.
“It’s a case that would appeal to the sympathies of the jurors all right, particularly in view of Fleetwood’s testimony. But what bothers me is that I can’t be certain it’s the truth. Mrs. Allred may be trying to climb aboard and ride along on Fleetwood’s story.”
“Well, what do you care? Fleetwood has to give her a free ride — now.”
“But I’m afraid to have her tied to something unless it’s the truth. Believe me, Paul, when you’re in a jam the truth is the only thing solid enough and substantial enough to rely on.”
“Of course, your client hasn’t been on the stand yet,” Drake pointed out. “The only one she’s told her story to is you.”
Mason said, “I’d like to reopen the case. I’d like to cross-examine Fleetwood a little more in detail about his reason for throwing the gun away, and just what he was trying to accomplish. And yet, there was something about the whole story...” Mason pushed the lunch dishes to one side, took the diagram Humphreys had made from his pocket and spread it on the table. He carefully studied the tracks.
“It’s mathematical,” Drake said. “That part of Fleetwood’s story has to be true. It’s corroborated by his tracks.”
Mason, studying the diagram Humphreys had given him, suddenly began to chuckle.
“What is it?” Drake asked.
“Darned if I know, Paul,” the lawyer said, “but I have an idea germinating in my mind. There’s a very strong possibility that Mrs. Allred is still lying to me.”
“You mean now?”
“Right now. That her present story is false.”
“But why would she do that?”
“Because Fleetwood has told such a damn good lie that she thinks there’s no use trying to fight against it, and because by corroborating Fleetwood’s story she stands a better chance of getting the sympathy of a jury than by telling the truth, which no one will believe.”
“What is the truth?” Della Street asked.
“That,” Mason said, “is something I propose to find out after lunch.”
20
Court reconvened at two o’clock. Judge Colton said, “Mr. Jerome, you were on the witness stand being examined when Court adjourned. Will you take the stand again, please. Gentlemen, the defendant is in court, the witness Jerome is on the stand. Will you please proceed with your examination, Mr. Mason?”
Mason said to Judge Colton, “Your Honor, there has been a rather unexpected development in the case. Under the circumstances, I feel that I should be permitted to recall the witness Overbrook for further cross-examination.”
“I object to that, Your Honor,” Danvers said. “Counsel had every opportunity to cross-examine Overbrook, and he certainly took advantage of that opportunity. He asked Overbrook searching questions and...”
Judge Colton nodded, said, “I would think so, yes.”
Mason said desperately, “Your Honor, I can now state that I am not on a fishing expedition. If I can be permitted to cross-examine Overbrook again I feel I can bring out a point which will exonerate this defendant and definitely refute Fleetwood’s testimony.”
“You feel you can do that?” Judge Colton asked.
“I do, Your Honor.”
“That makes the situation materially different,” the judge said.
“Of course, Your Honor, I have already closed the case of the prosecution,” Danvers said. “The prosecution’s case is completed. It is closed.”
“And,” Judge Colton said grimly, “if the Court should intimate that it didn’t consider the evidence sufficient to bind the defendant over, you’d be on your feet in a minute stating that you had additional evidence and asking for permission to reopen your case.”