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At this point, Judge Knox a
Mason, Della Street, and Paul Drake went to lunch in a little restaurant on North Broadway, where they were able to secure a booth.
"What do you make of it, Paul?" Mason asked.
"You going to make a fight on the question of corpus delicti?"
"Yes. I had been hoping I could do it all along. But I wasn't certain what Bixler would testify to. I was afraid he might swear positively the man was dead, and stick to it. As it is, I think I can get the case thrown out of court."
Drake nodded. "You made a swell job of that cross-examination, Perry. Bixler was so rattled Shoemaker was afraid to try any re-direct."
"Isn't that going to be a highly technical defense?" Della Street asked.
Mason said grimly, "You're damned right it's going to be a technical defense. But, nevertheless, that's the law. Many people have been hanged on circumstantial evidence, where it subsequently appeared that the supposed victim never had been killed, but was alive and well. And that's the reason they made the law the way it is. The term, corpus delicti, means the body of the Offense. In order to show it, in a charge of homicide, the Prosecution must show death as the result, and the criminal agency of the defendant as the means. Now the Prosecution's going to run up against one big hurdle on this corpus delicti business. They can't show death, and if they're not careful, I can trap them into being crucified by their own proof."
"How do you mean?" Della Street asked.
"It's a goofy crime," Mason said. "The woman, whoever she was, fired the shots from the automatic, and then beat it. Now, the evidence shows that she beat it in her own car, going at high speed. Someone drove Brownley's car into the bay. That someone couldn't have been the person who did the shooting, because she had been seen by the Prosecution's own witness dashing madly away from the scene of the crime. It's improbable that she had a confederate who remained in the background while the shooting took place, only to step out subsequently and drive the car off the end of the wharf.
"The only other explanation is that Brownley was unconscious when Bixler looked in the car; but that after Bixler left Brownley recovered consciousness enough to try to drive the car in search of help; that he managed to get the car started, but was driving more or less blindly through a lashing rain, became confused on roads, and drove himself off the end of the pier."
Drake nodded slowly.
"Now, then," Mason said, "if when they recover Brownley's body, they find he died of drowning, it doesn't make any difference whether he might have died of the gunshot wounds within the next thirty minutes or the next thirty seconds. The fact that his death occurred from drowning, rather than from the wounds, means they can't convict Julia Bra
Della Street frowned at her coffee cup and said, "Listen, Chief, on all your other cases you've been representing someone who was i
Mason said slowly, "In other cases, Della, I was more or less in the clear. On this case I'm in up to my necktie. They're going to put Pete Sacks on the stand. The minute they do that, and he testifies that Julia Bra
"Could you keep Sacks from testifying if you tripped them up on this corpus delicti business?" Drake asked.
"That's exactly the point," Mason told him. "That's why I'm making this defense. If I can beat the case on the corpus delicti, I'll get Julia Bra
The detective said, "I've got men working on every angle of the case, Perry, but I can't find out a damn thing that's going to help us any. I've traced Mallory from the time he left the steamship in San Francisco until he arrived in Los Angeles. He stayed at the Palace Hotel in San Francisco, went directly there from the ship, and as nearly as the hotel employees in San Francisco can tell, the bishop who checked out was the same bishop who checked in."
"That bishop," Mason said, drumming with his fingertips on the edge of the table cloth, "in some way is the key to the whole business. Why did he call on me? Why did he disappear? If he's the real goods, why did he take a runout powder? If he's an impostor, why didn't he pull a more convincing fade-out… telephone me he had to leave on a secret mission and ask me to carry on? There were plenty of ways he could have kept up the pretense, yet eased himself out of the picture. The darn case is driving me nuts because I can't get a toe-hold. I'm clawing at a blank wall. And why does Julia Bra
"Perhaps she won't talk because she's guilty," Della Street suggested.
"I'm not so certain she's guilty," Mason remarked. "The theory of the crime the Prosecution has worked out doesn't sound any too logical. She may be protecting someone else and may be i
Drake said, "Forget it, Perry. How in hell could anyone have framed this crime on her? She wrote the note to Brownley. When they find his body they'll find the note in his pocket. It will be in her handwriting. It will crucify her. She lured him down to that place near the waterfront. There's no possibility of doubt on that score. She wanted him killed, both for her daughter's sake, and because she hated him. How could anyone have taken her gun without her knowing it, have gone to the very place where she instructed Brownley to be, dressed in exactly the same clothes, and driving the same make of car? Remember, Julia Bra
Mason looked at his watch and said, "Well, we'll go back to court and see what develops. We're not licked yet by a long ways."
"If Pete Sacks ever takes the stand and swears you framed him and stole that key from him, it doesn't make much difference what happens after that. Public sentiment will have turned definitely against you," Drake said. "You've got to keep him from telling his story, either by this corpus delicti defense or in some other way."