The man caught Drake’s signal, nodded, then walked casually back toward the men’s room.
Drake excused himself, and followed.
As Drake left the table, Della Street said to Mason, “Let’s hope this is a lucky break.”
“Let’s hope it is,” Mason said. “We can use a little luck.”
They waited tensely until they saw Drake returning.
Mason took one look at Drake’s approaching face and shook his head.
“What is it?” Della Street asked.
“Paul Drake has a mask of gloom an inch and a half deep all over his countenance,” Mason said.
Drake approached the table, and as lie started to slide in on the bench Mason said, “Smile, Paul.”
Drake’s lips twisted in a mirthless smile.
“What is it?” Mason asked.
“You’re licked,” Drake said.
“How come?”
“The D. A. has a surprise witness he’s going to throw at you. A service station attendant in Oceanside who put gas and oil in Garvin’s car.”
“What time?” Mason asked.
“Around eleven-thirty. Garvin was nervous and tense, pacing up and down, and while the car was being serviced, Garvin walked over toward the curb and watched the cars that were coming along the road headed south. He seemed to be looking for someone, and seemed to be as taut as a violin string. The service station attendant noticed him particularly.”
“How good is the identification?” Mason asked.
“One hundred per cent,” Drake said. “The man identifies the car, and he identifies Garvin. He noticed him particularly.”
“Well,” Mason said, “that’s certainly piling it on.”
“Why didn’t you ask Garvin about all this?” Drake asked.
“I didn’t dare to.”
“Why not?”
“The prisoners are given lunch in the jail by the sheriff. The deputy sheriff is supposed to whisk Garvin out of court immediately after the noon adjournment. He brings him back about five minutes before two.
“I didn’t dare to risk a conference with Garvin while the jury were there in the room, or while the spectators could see us. To have conferred with Garvin immediately following that testimony from Scanlon would have emphasized the disastrous nature of that surprise testimony. And having Garvin brought back to court early is about as bad. I can have a casual, whispered conference with him at about five minutes to two, and that’s all I dare to do.”
“Can’t you get an adjournment? Some sort of...”
“To try that would be considered as a confession of panic,” Mason said. “I’ve simply got to go into court, sit there with a smile on my face, and take it.”
“You’re going to have to take a lot,” Drake said.
“Well,” Mason told him, “I’ve dished out a lot in my time, so I guess I can sit there and take it if I have to. The grievance committee of the Bar Association wants to talk with me tomorrow night about my tactics in getting Mortimer Irving to identify my car as the one he saw parked by the side of the road. All in all, it’s a great life.”
“Can they do anything to you about that identification business?”
“I don’t think so. I contend I was absolutely within my rights. I had a right to talk with that witness, and I had just as much right to park one single car there by the side of the road and ask him whether that was the same car he had seen, as the police did to take Howard B. Scanlon to some position of vantage, and ask him whether or not the single man lie saw walking back and forth in the jail yard was the man lie had seen emerging from the telephone booth there at the hotel the night of the murder... Well, I guess there’s nothing much we can do here except put on an act of being carefree and happy. Then we’ll go up to court early. I’ll have a chance to ask Garvin a couple of apparently casual questions in the five minutes I’ll see him before court opens.
“All right, Paul, do you know any funny stories? People are watching us.”
Eighteen
Mason strolled into the crowded courtroom at seven minutes before two o’clock. He lit a cigarette, settled down in his chair at the counsel table, smiled confidently at some half dozen members of the jury who had arrived early and were occupying their seats in the jury box. He seemed completely relaxed, a man who had just finished a good lunch and was mentally and physically contented.
At four minutes before two o’clock the deputy sheriff brought Edward Garvin into the courtroom.
Garvin leaned over to whisper in Mason’s ear. “Mason, for God’s sake let me talk to you.”
Mason smiled up at him and said, “Sit down, Garvin. I’ll talk with you in a minute. Now, whatever happens, don’t make any move to talk to me. Just sit there.”
Mason watched Garvin sit down, pinched out his cigarette, dropped it in the large brass cuspidor, stretched, yawned, and watched the courtroom clock tick away the precious seconds.
Then, as though just happening to think of something, he turned with a smile, leaned toward Garvin, and said, “Just answer questions. Keep a smile on your face. Did you telephone Ethel Garvin?”
Garvin tried to smile but couldn’t. “Mason, listen to me. I did telephone her. I did walk out and take my car up there. The man is telling the truth. But Lorraine is willing to stay with her alibi. She woke up and found me gone. She said what she did because...”
Mason interrupted to say, “Don’t talk so fast. Don’t talk so much. Now, settle back as though you hadn’t a care in the world. I’ll talk with you again in a minute.”
Mason straightened up in his chair, looked around the courtroom casually, as though looking for Della Street, then glanced once more at the clock, yawned again, then turned toward Garvin and said, “All right. Let’s have the rest of it.”
Garvin said, “I went up there to meet her, Mason, but she didn’t show up. I waited around for a while and then went to Hackley’s road. I parked my car and reconnoitered through the field. After a while, a damn dog heard me and started barking. After lie quieted down I worked my way to the house again. Ethel’s car came out of the driveway. I recognized the car. I couldn’t see whether she was alone or not.
“I ran back to get my car and I found I’d got myself good and lost. It took me almost a quarter of an hour to get my car. I drove down to the place where I was to meet her. Her car was there. She was in it, dead. I was smart enough not to go near the machine, not to touch anything, and not to leave any tracks. I drove back to Tijuana.”
“What time did you get there?” Mason asked.
“I don’t know. I didn’t look at my watch, but I told Lorraine I was in a jam. I woke her up and told her what had happened. I told her she was going to have to give me an alibi. That’s the whole truth, Mason. I’m sorry I lied to you. I...”
There was a sudden rustle of motion as the spectators stood up. Judge Minden emerged from his chambers, took his place on the bench. Sounds of motion and scraping chairs caused momentary confusion as the spectators regained their seats.
Garvin said, “I’ll pay anything, Mason. I’ll add ten thousand dollars or twenty thousand dollars or...”
“You haven’t half enough money to pay for what you’ve done,” Mason whispered angrily. “You’ve double-crossed me, but I won’t double-cross you. Now sit back, damn you, and shut up.”
“Who’s your next witness?” Judge Minden asked Covington.
“Call Mortimer C. Irving,” Covington said.
Irving came forward and took the stand. He avoided Covington’s eyes, caught Mason’s eyes for a moment, grinned somewhat sheepishly, then settled himself in the witness chair.
He gave the statistical information concerning his name and address to the court reporter, then looked up as Hamlin Covington arose from his chair and strode impressively forward.