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"What did you find out?"
"The distance to be covered is about a hundred feet each way. Moving at a fairly normal rate of speed it takes about thirty seconds each way. Moving at a rapid rate of speed, you cut that time down.
"Getting in, picking up the telephone and putting the call through accounts for seven seconds. So her testimony is approximately correct. Figure about a minute and ten seconds as the outside time limit if she did what she said she did."
"All right," Mason said, "here's something else for you, Paul. Drive down to the telephone booth three blocks down the street. Time yourself from the entrance of the motel. Call me from that booth and let me know how long it takes until you hear my voice. I'll be waiting here at the phone."
"Okay," Drake said, "and then I want some lunch. I'm ravenous. I suppose you folks are sitting up there smug and well fed."
"We're neither smug nor well fed," Mason said. "I'm sitting on the end of a great big limb and I'm not too certain somebody between me and the tree doesn't have a very sharp saw.
"Get busy and see what you can find out, Paul."
Four minutes later, Paul Drake telephoned.
"Hello, Perry," he said when he had the lawyer on the line. "It took me exactly two minutes from the time I left the entrance of the motel to get down here, park my car, get in the telephone booth, close the door, dial you and get your answer."
"Hang it," Mason said. "Dia
Drake said dryly, "She was the last person to see Harrison Boring alive. You may be able to mix Dillard up on the time element but that's all it's going to amount to, just a technicality. The facts speak for themselves."
"Of course," Mason said into the telephone, almost musingly, "the time Dia
"Just suppose he made the mistake of setting his watch not by the radio but by the clock there in the motel office."
"Would it help if you could show that?" Drake asked.
"Anything would help," Mason said. "That is, anything that clarifies the situation."
"Or confuses it," Drake said dryly. "I'm going to get some lunch."
Mason hung up the telephone, turned to Della Street. "Two minutes," he said.
"And that throws Dillard's time off about four minutes?"
"Something like that."
Della Street said, "He was looking at his watch in the dark and he could have misread the hands."
"It's vital as far as Dia
"Of course," she pointed out, "it opens up some question of doubt, but after all she was in there at least ten minutes, even if Dillard did make a mistake."
"She says she wasn't," Mason said.
"But," Della Street pointed out, "she admits she remained long enough to search for and find the contract. She was only estimating the time."
Mason said, "The thing that a
"But," Della Street said, "the main problem is whether Winlock is lying, whether the whole family isn't protecting the stepson, or who struck the fatal blow and when. After all, Dillard's time discrepancies are minor matters."
Mason said, "I have in my hand an opportunity to introduce testimony that will throw the district attorney's case out of the window, get Dia
"If I do that, Winlock is either going to claim I was guilty of suborning perjury-or at least is in a position to do so any time he chooses to lower the boom."
"What will happen if you don't do it?" Della Street asked.
"Then," Mason said, "Dia
"Then I'll spring a dramatic surprise that Winlock is the girl's father and is testifying against her to protect himself. I'll make a high-pressure plea to the jury-and in all probability they'll convict Dia
Della Street, realizing the nature of the crisis which confronted the lawyer, watched him in worried silence.
CHAPTER SEVENTEEN
Judge Talent said, "This is the time heretofore fixed for resumption of the hearing in the case of the People of the State of California versus Dia
Mason said, "If the Court please, this is not a simple matter. There are complications which I am not in a position to disclose but which nevertheless cause the defense some concern as to the best course to pursue."
District Attorney Leland was on his feet. "If the Court please, the defense has had all the time they asked for and I object to granting any further time."
"I am not asking for further time," Mason said, "but I would like to clarify one matter in regard to the time element. I would like to ask a few more questions on cross-examination of the witness, Steven Dillard."
"Is there any objection?" Judge Talent asked Leland.
"There is lots of objection, Your Honor. This man, Dillard, is actually a hostile witness. He is in the employ of defense counsel. He gave his testimony reluctantly and he gave it so that he shaded everything he could in favor of the defense. The cross-examination was completed, my case was closed, and I object to having counsel try these tactics of recalling a witness for further cross-examination. It's irregular."
"The matter rests in the discretion of the Court," Judge Talent said. "Would you like to amplify your statement, Mr. Mason?"
"I would, if the Court please. Dillard stated that the defendant was in the unit from nine o'clock to nIne-twelve. Yet the records will show that the police were notified at nine-thirteen, which would indicate that the manager of the motel must have been in there at least by nine-twelve. The manager of the motel, in turn, was notified by some woman over the telephone that-"
"You don't need to go any further, Mr. Mason. The Court is interested in the proper administration of justice. Your request will be granted. Mr. Dillard, resume the stand, please."
Dillard once more came to the stand.
Mason said, "I would like to have you consult your notes in regard to the time element, Mr. Dillard. I would ask the district attorney for the notes which you state you kept at the time."
The district attorney grudgingly passed over the notebook.
Mason stood beside Dillard. "These figures are scrawls, rather than figures," he said. "How do you explain that?"
"I was sitting there at the window and I took notes in the dark. I didn't want to turn on the light."
"Now, you were also looking at your wrist watch in the dark in order to determine the time, were you not?"
"My wrist watch has luminous hands."
"Is there any chance you could have missed the time by five minutes?"
"Certainly not. I could see the dial very clearly."
"Could you have missed it by two minutes?"
"No."
"By one minute?"