Mason laughed. “Do I look confident, Paul?”
“You look as though you were holding four aces.”
“That’s fine,” Mason said. “Actually, all I have is a pair of deuces, and I’m shoving a stack of blues into the middle of the table.”
Drake said, “Somehow I have an idea you’re going to get away with it, too!”
“Let’s hope,” Mason said.
Suddenly Hamilton Burger, the district attorney, came striding into the courtroom, and Mosher promptly collared him for a conference.
“See what I mean?” Mason said. “They’ve telephoned the big boy himself to come down and see what this is all about.”
Judge Kyle returned from chambers, took the bench, called court to order and said, “I see the district attorney himself is here in court. You are interested in this case, Mr. Burger?”
“Very much so, Your Honor. I’m going to watch the developments with the greatest interest.”
“May I ask why?”
“Because,” Hamilton Burger said, “in the event the defendant did not murder Ralph Exeter, Horace Shelby did and I want to see that every bit of legal procedure is handled in such a manner that we can’t be jockeyed into a position of not being able to prosecute Horace Shelby.”
“Very well,” Judge Kyle said. “Proceed, Mr. Mason.”
“Call Horace Shelby to the stand,” Mason said.
Shelby took the oath and took his position on the witness stand, after smiling reassuringly at Daphne.
“Now, just a moment,” Hamilton Burger said. “First, Your Honor, I want this witness warned that he is suspect in a murder case, either acting alone or as an accessory with the defendant, Daphne Shelby. I want him warned that anything he may say may be used against him at a later date.”
Mason, on his feet, said, “Your Honor, I object to this as a flagrant contempt of Court as an attempt to browbeat a defense witness and frighten him so that he cannot give testimony.”
“Furthermore,” Hamilton Burger interjected, “I object to this witness giving testimony, on the ground that he is incompetent to testify that he is suffering from a disease known as senile dementia.”
Mason smiled and said, “I would like to have the district attorney make up his mind if he is certain the witness is incompetent to understand what he is doing. If that is the case, it would appear that having the Court instruct him that anything he might say could be used against him at a later date would be an empty act.”
Judge Kyle smiled, then turned to the witness.
“The Court wants to ask you a few questions, Mr. Shelby.”
“Yes, sir,” Horace Shelby said.
“You understand that this is a courtroom?”
“Yes, sir.”
“Then why are you here?”
“I’m called as a witness by the defense.”
“You have been declared an incompetent by a Court in this county?”
“I don’t know as to that. I was beset by greedy relatives who gave me drugs that I knew nothing about, who railroaded me into a so called sanitarium where I was restrained against my will and strapped to a bed. I understand the Court that committed me has designated a doctor to examine me.”
Mason was on his feet. “If the Court please,” he said, “Dr. Grantland Alma, who was appointed by the Court to examine this man, has examined him and pronounced him absolutely competent, completely sane. Two other well-known psychiatrists have also examined him and pronounced him sane, as well as completely competent to conduct his own affairs. I can call these doctors if the Court wishes.”
Judge Kyle smiled. “Does the district attorney continue to urge his point?”
Hamilton Burger held a whispered conference with Marvin Mosher, then said, “I understand, if the Court please, there are two doctors who will testify that he is suffering from senile dementia.”
“Two general practitioners who could never qualify as specialists,” Mason said. “The Court-appointed doctor pronounces him sane, and two outstanding psychiatrists so pronounce him sane and competent. If you wish to take up the Court’s time having two general practitioners testify against three specialists, we can do so.”
Hamilton Burger had another whispered conference, then said, “We will temporarily withdraw our objection, Your Honor, but we wish this witness warned.”
Judge Kyle turned to the witness. “Mr. Shelby, the Court does not wish you to be intimidated in any way. The Court does, however, warn you that in accordance with a statement made by the district attorney of this county, you may be considered an accomplice, an accessory or a principal in connection with the crime with which this defendant is being charged. The Court, therefore, warns you that anything you may say may be used against you at a later date that you are entitled to your own individual counsel at any stage of the proceedings.
“Now then, does Mr. Mason represent you as attorney?”
“Only to the extent of proving that I am sane and competent.”
“He does not represent you in connection with possible charges which may be filed against you in connection with the death of Ralph Exeter?”
“No, sir.”
“Do you wish to have an independent counsel advise you at this time as to your rights, duties and privileges in connection with that crime?”
“No, sir.”
“Do you wish to go ahead and testify of your own free will?”
“Yes, sir.”
“You understand the nature of the proceedings?”
“Yes, sir.”
“You will keep in mind the admonition of the Court that anything you say may be used against you at a later date?”
“Yes, sir.”
“Do you understand you do not have to answer any question where the answer may tend to incriminate you?”
“Yes, sir.”
“Very well,” Judge Kyle said, “proceed with your examination, Mr. Mason.”
“Is the defendant related to you in any way, Mr. Shelby?” Mason asked.
Shelby looked straight ahead, said, “Yes, sir. She is my daughter.”
“Your daughter?” Mason asked. “Speak up, please, so the Court can hear you.”
There was a ripple of whispering in the audience in the back of the court. Judge Kyle frowned the spectators to silence.
“Will you explain, please?” Mason asked.
“The defendant is the daughter of the woman who was my housekeeper, a woman I loved deeply. I was prevented from marrying her because of legal complications, and afterwards it was deemed better to continue our relationship as it was with the understanding that Daphne would consider herself my niece.
“In order to protect her, I made a will. That will, of course, left everything to Daphne’s mother. After Daphne’s mother died, I intended to change the will to leave everything to Daphne, but it was one of those things I just never got around to doing until... until it was almost too late.”
“You have made such a will now.”
“Yes.”
“It was made freely and of your own volition?”
“Yes.”
“You were confined at the Goodwill Sanitarium?”
“Yes, sir.”
“Voluntarily or against your will?”
“Very much against my will.”
“What happened?”
“Daphne rescued me.”
“And then what happened?”
Daphne, by this time, was sobbing quietly into her handkerchief. There was a silence throughout the courtroom which was almost tangible.
Horace Shelby went on to tell his story, describing in detail his escape from the sanitarium, his tenancy at the Northern Lights Motel, the demands of Ralph Exeter, the manner in which he had drugged him, the stealing of his car.
Spectators sat forward on the edge of their chairs to listen. Hamilton Burger, from time to time, conferred with his deputy in worried whispers.
At length, Mason turned to the prosecution’s table. “Do you wish to cross-examine?” he asked.