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"No objection," Mason said.
Rather dramatically, Bailey set up the wire recorder, in co
There was a brief interval of silence, then the voice said, "I called this other number for instructions; I was told to call you here at this pay station… Yes, I have the five thousand and will pay it over if things are as you represented-if you're acting in good faith."
There was an interval of silence; then the man's voice said, "Give me that place again. The seventh tee at the Barclay Country Club… why in the world pick that sort of a place?… When?… Good heavens, it's nearly that time now… All right. All right! I'll get out there. Yes, I've got a key to the club. I'll be there."
There was an abrupt click as the recording ended.
"That, if the Court and the jury please," Bailey said, "is the termination of the conversation."
Bailey turned to the witness. "What did you do after hearing that conversation?"
"I went at once to the Barclay Country Club."
"What did you find there?"
"I found the defendant's automobile parked there."
"How long did it take you to get there from the time you listened to that conversation on the tape recorder?"
"Probably fifteen minutes."
"And what did you do?"
"I tried the door of the club, but it was locked. I waited until the defendant came out."
"How long was that?"
"I arrived at ten-ten. The defendant emerged at tentwenty-two."
"Now, let's get this time element straight," Bailey said. "You tried to follow the defendant?"
"That's right."
"He was driving, as you said, like crazy. He went through red lights and boulevard stops?"
"Three red lights; one boulevard stop."
"You lost him?"
"That's right."
"You returned to the telephone booth?"
"Yes, sir."
"You picked up your recording device and listened to the conversation?"
"Yes, sir."
"How long, in your opinion, was that from the time you had left the telephone booth following the defendant?"
"Probably five minutes."
"And then you went directly to the Barclay Country Club?"
"Yes."
"And you waited at the Barclay Country Club for how long?"
"Eleven minutes… nearly twelve minutes."
"And then the defendant came Out?"
"Yes, sir."
"And what did he do?"
"He drove down the road for a mile and threetenths."
"And then what?"
"Then he brought his car to an abrupt stop and started backing up."
"What did you do?"
"I had to drive on past him so he wouldn't be suspicious."
"And then what?"
"I went half a mile down the road, jumped out of the car, put a bumper jack under the rear bumper and acted as if I had a flat tire."
"And what happened?"
"Within a matter of seconds the defendant's car went past me again, going at high speed."
"What did you do?"
"I hurriedly removed the bumper jack, tossed it in the back of the car, and stepped on the throttle."
"And were able to follow the defendant?"
"Yes, sir."
"How far did you follow him?"
"To Ensenada."
"Where in Ensenada?"
"To the Siesta del Tarde Auto Court."
"And then what did you do?"
"I telephoned Paul Drake that the subject was registered at the Siesta del Tarde Auto Court under the name of Frank Kerry."
"And then what?"
"Then Perry Mason and his secretary, Della Street, showed up and I told them where the defendant was and they went to his room."
"Then what?"
"Then the Mexican police came."
Bailey smiled. "Cross-examine," he said to Mason.
Mason said, "Your wire recording gives only one side of the conversation?"
"That's right."
"You don't know whom the defendant was calling?"
"No, sir."
"You don't know what words were used on the other end of the line?"
"No, sir."
"That's all," Mason said.
Judge Alvarado said, "It is now time for the evening adjournment. I congratulate counsel for both sides on the speed with which this trial is progressing.
"During the evening the jurors will not converse among themselves or with anyone else about the case, nor will they read newspaper accounts of the trial or listen to anything on radio or television pertaining to the trial. They will avoid forming or expressing any opinion until the case is finally submitted for a decision. If anyone should approach any of you jurors to discuss the case, report that matter to the Court.
"Court will take a recess until ten o'clock tomorrow morning."
Chapter Sixteen
Mason sat in the visiting room of the jail and let his eyes bore into those of his client.
"This," he said, "is your last chance."
"I'm telling you the truth."
"You can't ever change your story from this point on," Mason warned. "If you ever get on the witness stand, tell your story and then are forced to change it under cross-examination, you're a gone goose."
Dutton nodded.
"And don't discount Flamilton Burger's ability as a cross-examiner."
"Do you think I'm going to have to get on the stand?"
"You're going to have to get on the stand," Mason said. "They have a dead open-and-shut case against you. You're not only going to have to get on the stand, but you are going to have to persuade the jury that you're telling the truth.
"Now then, if they catch you in some little lie-just anything-the time you get up in the morning, how many lumps of sugar you had in your coffee, just anything that is false, they're going to hold it against you all the way down the line."
"I've told you the truth," Dutton said.
"You aren't trying to protect someone? You aren't shading the facts in order to make it easy on Desere Ellis?"
He shook his head.
"And you aren't trying to protect yourself?"
"No, I've told you the truth."
"Palmer had given you a number to call on the dot at nine-forty-five?"
Dutton nodded.
"You went to the telephone booth, called this number and were given another number, both numbers were pay stations, a voice told you to meet Palmer at the seventh tee at the Barclay Country Club when you called the second number?"
"Right."
"Now, was that last voice a woman's?"
"I don't know. At the time I thought it was a man trying to talk in a high-pitched voice so as to disguise it; now I just don't know. All I know is it was high-pitched for a man's voice, low-pitched for a woman's."
"What was the number you called?"
"It was a phone booth. I've forgotten the number. Palmer told me that he'd have someone there to take the call and tell me where he could meet me; that it would be a pay station I was calling so not to try to do anything fu
"Now then, you remained in the phone booth and called a number?"
"Right."
"That was the number of a pay station?"
"That's right."
"And what happened when you called that number?"
"A voice answered, said, 'Take a pencil, write down this number and call it in exactly ten seconds-no more, no less.' I feel sure that first voice was a man's voice- Well, I'm not absolutely certain. It was sort of disguised."
"And you wrote down the number?"
"Yes."
"What was the idea of the two numbers?"
"Apparently so I couldn't locate the number in time to have police or private detectives get on the job and find out where I was to meet Palmer or in time to set up recording devices so they could catch him."
"But if you knew that it was Palmer you were going to be meeting…"
"I knew it was Palmer. I also knew he was supposed to have evidence that was going to discredit Fred Hedley."