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"Well, I'll put it this way, Mr. Mason. I couldn't see the second hand, but I could see the hour hand and the minute hand and I might-I just might-have made a mistake of half or three-quarters of a minute; I don't think as much as a full minute."
Mason said, "If Dia
Dillard said nothing.
"Now, I notice that while the other figures are in the nature of scrawls," Mason said, "the words "blonde enters cabin" with the license number of her automobile, TNM 148 and the hour 9:oo, are written very neatly. And the words, "blonde leaves unit" with the figure 9: 12 P.M. are also written very neatly. Can you explain that?"
"Well, I… I guess perhaps I had moved over to where the light was better."
"Then," Mason said, "you didn't write those figures down at the time the defendant left the cabin. Perhaps you wrote them down later."
"No, I wrote them at about that time."
"At about that time, or at that time?"
"At that time."
"Your Honor," Leland said, "this is no longer legitimate cross-examination. The question has been asked and answered, and counsel is now attempting to argue with the witness and browbeat him."
Judge Talent said, "There is rather a peculiar situation here. May I ask counsel if it is the contention of the defense that the defendant actually was the person who put through the telephone call to the manager of the motel, suggesting that there was something wrong with the occupant of Unit io?"
Mason said, "I feel that without jeopardizing the Interests of the defendant, I can answer that question by saying that it may appear the call was made by her or by someone else and the time element may be the determining factor."
"She couldn't have made that call," Leland said. "It had to have been someone else, and counsel is trying to take advantage of this peculiar situation in the time element to give his client a chance to claim she made the call."
Mason, studying the notebook which had been kept by Dillard, apparently paid no attention to the objection.
"Mr. Mason," Judge Talent said, "an objection has been made. Do you wish to argue it?"
"No, Your Honor."
"I think the question has been asked and answered. I will sustain the objection."
Mason turned to Dillard. "All right, I'll ask you another question which has not been asked and answered, Mr. Dillard. Isn't it a fact that you made this entry about the defendant entering the cabin with the license number of her automobile, and putting down the time that she left the cabin, before the defendant left the cabin? And while you were sitting at a desk under a reading lamp where you could write these figures neatly and concisely?"
Dillard hesitated, then said, "No."
"And isn't it a further fact," Mason said, "that you are notoriously hot-tempered; that after the man with dark glasses left Unit io, the decedent, Harrison T. Boring, who had caught you peeking through the parted curtain, came over to your unit, threatened you, and you lost your temper and hit him; that the blow knocked him down; that he hit his head on a stone and lay still; that you, realizing that you had seriously injured the man, picked him up, took him over to his own unit, opened the door, dropped him on the floor, poured whiskey over him, returned to your unit and while you were debating what you were going to do next, saw the defendant enter the unit rented by Boring; that you thereupon quit watching the unit, debating what you were going to do to save your own skin, that while you were debating the matter you heard the defendant's car start and heard her drive off; that while you were still debating what to do, you heard the police arrive; that you at a time somewhat later wrote a synthetic record of the defendant's visit, approximating the time of her arrival and estimating the time of her departure, and then called your superior, Sid Nye, and asked that he come to your assistance?"
Leland got to his feet with a supercilious smile. "Oh, Your Honor," he said, "this is altogether too absurd. This…"
The district attorney suddenly broke off at the expression on the judge's face. Judge Talent was leaning forward from the bench, looking down at Moose Dillard.
The big man on the stand was clenching and unclenching his huge hands. His facial muscles were twisting in the ma
Dillard wiped his forehead with the back of his hand.
"You'd better answer that question, Mr. Dillard," the judge said somewhat sternly, "and answer it truthfully."
"All right," Dillard said. "That's the way it happened. I clobbered the guy. Only, I didn't knock him down, he was standin" in the door of my unit calling me names and he made a pass at me. I beat him to the punch and clobbered him.
"The blow knocked him back and his head struck against the corner post on the porch and he slumped to the ground.
"I didn't know he'd been hurt too bad, but I'd been in enough trouble. I picked the guy up and carried him back to Unit io and dumped some whiskey over him. Then I saw he was badly hurt. I went back and tried to figure what to do and I saw this girl come in."
"The defendant?" Judge Talent asked.
"That's right. I didn't put down the time or anything. I went back over to the desk and sat there with my head in my hands. I heard her drive away and then after a while I heard the cops come and I knew I was in a spot.
"I called Sid Nye and told him "Hey Rube." He'd been in carnival life and I'd been in the circus. I knew that would get me reinforcements. I intended to tell him what had happened, but he brought Perry Mason down with him and then I knew I was in a real jam.
"Before they came, I faked that entry in the book. I just wanted to get the girl's visit down and I didn't know what time she came or what time she left so I approximated it.
"Then I did want to get out of town. I didn't intend to do anything that would put this girl in a jam. I just wanted to save my own neck."
Judge Talent looked at Leland.
The prosecutor stood for a moment, his facial expresson indicating the confusion of his mind. Then he slowly seated himself as though his leg muscles had lost the strength to support him.
Judge Talent turned to Mason. "Would you mind telling the Court how you deduced what happened, Mr. Mason? Obviously it just occurred to you."
Mason said, "If the Court please, I had only to realize my client was telling the truth to appreciate the fact that something had to be wrong with the testimony of this witness. I then started searching for a possible explanation. When I saw the neat way the entry of Dia
"When I saw the letters, P.M. after the time, I knew the entry had been faked. No detective making notes on a night stake-out would write P.M. after the hour.
"I reproach myself for not seeing it sooner."
"On the other hand," Judge Talent said, "the Court compliments you on a masterly cross-examination and on your quick thinking."
The judge turned to the prosecutor.
"The case against the defendant is dismissed, and I think we had better take the witness, Dillard, into custody for perjury and a suspicion of homicide; although I have a feeling that he is probably telling the truth and the actual blow was struck in self-defense.
"Court's adjourned."