“Go on,” Mason said. “Then what happened?”

  “After that, it was all just a matter of cleaning up details,” Boles said. “Dorla took the car out, smashed into the guy. We left a few clues scattered around. Then she took the car back and parked it. I called the cops next morning and gave them an anonymous tip on the Balfour car.

  “Now that’s where Dorla double-crossed me. She’s a smart little trollop. I had it planned so the evidence would point to her as the one who had driven the car and hit the man.

  “She played it smart. Before she took the plane to Tucson, she sneaked into Ted’s room and planted the car key in Ted’s pocket. Ted was dead to the world. The Keith girl had left him with all his clothes on except his shoes. She’d taken those off. Dorla undressed him, put his pajamas on, and fixed it so he thought he’d gone out a second time and that the accident probably had happened then.

  “Now then, Mason, that gives you an idea what you’re up against.”

  “One other question,” Mason said. “What about the witness, Myrtle Anne Haley?”

  “A complete phony,” Boles said. “I had a body to account for and we wanted to be certain that Dorla was where she could be charged with the hit and run—unless she got Guthrie to back her on her fake alibi. That would put Dorla completely in our power. But the time element became confused, Ted talked too much to the investigating officers, and Dorla did too good a job getting Guthrie to back up her phony alibi. So that left Ted holding the bag. I hadn’t planned it that way but Ted shouldn’t have had any trouble beating the case. Then that damn fool, Howland, loused everything up.

  “I got this witness, this Myrtle Anne Haley who is working for the Balfour enterprises. I told her what she had to swear to—The dumb cluck got it pretty well mixed up. I’ve used her before. She’s loyal, even if she isn’t smart. For a thousand bucks she’ll play along with anything.

  “I admit I made a mistake with Howland. I didn’t pay him by the day. I paid him by the job. So Howland saw an opportunity to wipe it all off the books by making a deal with the prosecution under which Ted would get a suspended sentence.

  “Now then, there’s the story. I’ve dumped it in your lap.”

  “What do you expect me to do with it?” Mason asked.

  “You’ve made a good start already,” Boles said. “That’s one hell of a clever point you made with that once-in-jeopardy business. You go ahead and pull that prior conviction stuff for all it’s worth. Never let them get to trial on the merits. Keep hammering home that point of being once in jeopardy. I think it’s a hell of a good point. So does a lawyer whom I’ve consulted. He says you’re tops and you’ve got a point there that will keep them from ever bringing out the evidence they have. He says you’re a genius.”

  “I may not be able to work it that way,” Mason said coldly.

  “What do you mean?”

  “Suppose I put in a plea of once in jeopardy and the judge overrules it? Then the district attorney goes to trial.”

  “Exactly,” Boles said. “And at that time you don’t take any part in the trial at all. You simply sit back and let them handle it all their own way. You refuse to cross-examine witnesses. You refuse to put on any witnesses of your own. You refuse to argue anything except this plea of once in jeopardy. Then, if the jury returns a verdict of guilty, you’re in a position to go before the Supreme Court on that once-in-jeopardy point. You will have aroused the sympathy of the Supreme Court because you didn’t put on any evidence and didn’t make any defense,”

  “Are you,” Mason asked, “telling me how to conduct the case?”

  There was a moment’s silence. Boles’ blue eves became hard as steel. “You’re damn right I am. We’re paying the bill.”

  “You may be paying the bill,” Mason told him, “but I’m representing a client. Suppose the Supreme Court doesn’t set aside the verdict on my once-in-jeopardy theory? Then young Balfour is convicted of murder.”

  “A damn sight better to have Ted Balfour convicted of second-degree murder than to have the whole Balfour family rocked by a family scandal and a verdict of first-degree murder. Ted isn’t important. Guthrie Balfour is. However, we could easily make out a case of self-defense for Ted where we couldn’t for Guthrie.”

  Mason said, “My responsibility is to my client.”

  “Look,” Boles said coldly, “your obligation is to do what I tell you to do. We’re paying the freight. I’m master-minding this thing. You try to double-cross me and I’ll make you the sickest individual in the state of California. And don’t ever forget I can do it.

  “You’re supposed to be smart and to know your way around. If you had half of the things to contend with that I’ve had to take in my stride, you’d realize you didn’t know anything. Don’t think this is the first killing I’ve had to square. And some of the things have been pretty damn nasty.”

  “All right,” Mason said. “Now I know your position and you know mine. Ill also tell you something to remember I don’t suborn perjury and I don’t go for all this crooked business. I rely on the truth. The truth is a better weapon than all these crooked schemes of yours.”

  Boles said, “You’re kicking a chance at a hundred-thousand-dollar fee out the window and you’re leaving yourself wide open.”

  “To hell with the fee,” Mason said. “I’m protecting my client. Ill do what I think is for his best interests.”

  Boles reached forward and tapped on the window of the cab.

  The driver turned around.

  “Stop right here. Let me out,” Boles said.

  Boles turned to Mason. “Under the circumstances, you can pay for the cab.”

  Mason whipped a paper from his pocket and shoved it in Boles hand as the cab lurched to a stop.

  “What’s this?” Boles asked.

  “A subpoena ordering you to attend court as a witness for the defense,” Mason said.

  For a moment Boles’ jaw sagged open in incredulous surprise, then he said, “Why you dirty son-of-a-bitch!”

  Boles slammed the cab door shut with a vigor which rattled the glass.

  “Turn around,” Mason instructed the cabdriver. “Go back to the place where you picked us up.”

  CHAPTER 16

  Perry Mason Regarded the letter which Della Street placed on his desk on top of the morning mail.

  “You say that came registered mail, special delivery?”

  She nodded. “They don’t lose any time, do they?”

  Mason read aloud:

  “DEAR SIR:

  “You are hereby notified that, effective immediately, you are relieved of all duties in connection with the defense of Theodore Balfour, Jr., in the case of People versus Balfour. From now on the defendant will be represented by Mortimer Dean Howland as his attorney. You will please submit any expenses which you have incurred to date, together with the necessary vouchers showing the nature and extent of those expenses. From the date of receipt of this communication, you will incur no more expenses on behalf of the Balfour Allied Associates, and any such bills as you may submit for your personal compensation to date in connection with said case will be predicated upon a per diem basis. Otherwise, those bills will be contested. We will allow you a maximum of two hundred and fifty dollars per day for your time.

  “Very truly yours,

  “BALFOUR ALLIED ASSOCIATES

  “per Addison Balfour

  “Makes it nice and official, doesn’t it?” Mason said.

  “What about Ted Balfour? Do you have to withdraw simply because—”

  “Not because Addison Balfour says so,” Mason observed. “But put yourself in Ted’s place. Boles goes to him and tells him that I won’t co-operate and that the Balfour Allied Associates have lost confidence in me, that they’re not putting up any more money for his defense as long as I’m connected with the case in any way, that if Mortimer Dean Howland represents him they will go the limit. What would you do under those circumstances?”

  “Well, what are you going to do?”

  “I’m damned if I know,” Mason said thoughtfully. “If I go to young Balfour and tell him the truth, Howland will claim that I’m guilty of unprofessional conduct in trying to solicit employment.

  “The probabilities are that if I even try to see Balfour, I’ll be advised that Balfour has stated I am no longer representing him and therefore I have no visitor’s privileges.”

  “So what are you going to do?”

  “So,” Mason said, “I’m going to put it up to Ted Balfour. At least, I’m going to try to see him.”

  “And what are you going to tell him?”

  “I’m going to shoot the works.”

  The telephone on Della Street’s desk rang. She picked it up, said, “Just a minute,” turned to Mason and said, “Your first client is back. Marilyn Keith. Says she has to see you at once on a matter of the greatest urgency.”

  “Show her in,” Mason said.

  Marilyn Keith had quite evidently been crying, but her chin was high and she didn’t try to avoid Mason’s probing eyes.

  Her quick eyes flashed at the pile of mail on Mason’s desk. “I see you received your notification,” she said.

  Mason nodded.

  She said, “Mr. Mason, I’m sorry that you had a difference of opinion with Banner Boles. He’s … well. He’s very, very powerful and he’s very, very clever.”

  Mason, merely nodded.

  “I know, of course, what it’s all about,” she said, indicating the notification on the desk. “Mr. Addison Balfour dictated that to me and had me take it to the main post office, so that you’d get it first thing this morning.”

  Mason said, “Let’s be frank, Miss Keith. You’re working for the Balfour Allied Associates. A situation has developed where the interests of Ted Balfour may have become adverse to those of your employer. I don’t want you to—”

  “Oh, forget it!” she blazed. “Don’t be so damn stupid!”

  Mason raised his eyebrows.

  “For your official information,” she said, “I am no longer employed by the Balfour Allied Associates,”

  “What happened?”

  She said, “I have been accused of betraying my employer, of being disloyal, and of using confidential information which I received in the course of my employment for my personal advantage.”

  “Mind telling what happened?” Mason asked, the lines of his face softening somewhat. “And do sit down. I only have a minute, but I’m anxious to hear what you have to say.”

  She said, “I went up to the jail to call on Ted Balfour.”

  “You did!” Mason exclaimed.

  She nodded.

  “And what did you tell him?”

  “I told him that the Balfour Allied Associates were cutting off all their aid as long as he had you for a lawyer, that if he accepted Mortimer Dean Howland as his lawyer and discharged you, the Balfour Allied Associates would put up all of the money that was necessary to fight his case all the way through the courts on the theory that you had raised; to wit, that he had once been placed in jeopardy and therefore couldn’t be tried again..

  “I also told him that, while I didn’t know the details, I knew that the Balfour Allied Associates were prepared to toss him to the wolves in order to save their own skins. I told him that if he insisted on keeping you as his attorney, I was satisfied that you would loyally represent his interests to the best of your ability.”

  “And what did he do?”

  “Well,” she said, “he wanted to keep you if there was any way of paying you.”

  “He told you that?”

  “Yes.”

  “So what did you do?”

  She opened her purse, said, “I made out a check to you in an amount of five hundred and twenty-five dollars. That’s every cent I have in the world, Mr. Mason, and I don’t know when you’re going to get any more. I know that’s not the type of fee you get in a murder case. It’s just on account.”

  Mason took the check, studied it for a moment,

  “I’ll get another job somewhere,” she said bravely, “and I’ll set aside a regular percentage of my paycheck. I’ll give you a promissory note, Mr. Mason, and—”

  Mason said, “You’re not likely to get another job with the Balfour Allied Associates making charges that you used confidential information for your own personal gain.”

  She fought back tears. “I’m not foolish enough to try it here,” she said. “I’m going to some other city and I’m not going to tell them anything about having been with Balfour Allied Associates.”

  Mason stood thoughtfully regarding her.

  “Will you do it, Mr. Mason? Will you please? Oh, will you please represent Ted?”

  “He wants me to?” Mason asked.

  “Very much,” she said. “It’s an uphill battle, but you’ll be honest. And you’ll have a terrific fight. You have no idea of the ruthless power of the Balfour Allied Associates, or the manner in which Banner Boles uses that power.

  “Boles was educated as an attorney, although he never practiced. He’s been a lobbyist and he knows his way around. You give that man unlimited money and all the power of the Balfour Allied Associates back of him, and anything that he can’t buy out of his way he’ll club out of his way.”

  “Do you think Ted will want me after Boles has been to see him?”

  “That’s why I had to see you now,” she said. “You go and see Ted. Go and see him right now. Tell him that you’re going to stay with him. But please, Mr. Mason, please don’t tell him that I am paying anything. Oh, I know it’s pitifully inadequate. But if you only can … if you only will…”

  Mason picked up her check, tore it in half, tore the halves into quarters, dropped the pieces in the wastebasket, walked over and put his arm around her shoulder. “You poor kid,” he said. “Forget it. I’ll go and see Ted Balfour and tell him that I’ll stand by him. You save your money for a cushion until you can get another job. You’ll need it.”

  She looked up at him for a moment, then lost all semblance of maintaining her poise. Her head came forward on the lawyer’s shoulder and her body was shaken by sobs.

  Della Street tactfully eased out of the room.

  CHAPTER 17

  Judge Cadwell Said, “Gentlemen, the jury has been sworn. The defendant is in court. The jurors are all present.

  “I may state that, while I do not consider myself prejudiced so that I am disqualified from trying the issues in this case, I was hoping that it would be assigned to another judge. I have, of course, already become familiar with the legal point raised by the defense in connection with habeas corpus.

  “It appears that the facts supporting the plea of once in jeopardy are completely within the knowledge of the Court. There is no dispute as to those facts. There is therefore no issue to go to the jury in connection with a plea of once in jeopardy. It becomes a matter for the Court to pass upon as a matter of law. The Court therefore decides that there is no merit to the plea of once in jeopardy.

  “The Court makes this ruling with some hesitancy because it is aware that the point is a close one. However, this Court simply can’t conceive that it is the purpose of the law to clothe a defendant with immunity simply because, through a misinterpretation of facts or a paucity of facts, prosecution was originally had upon another theory, or for a lesser offense. Yet the Court is forced to admit that the authorities seem to indicate such is the case.

  “In view of the undisputed facts in the case the point is one which can be taken to the appellate courts and passed upon by them. Therefore, the real interests of the defendant will in no wise be curtailed by this ruling of the Court. I overrule the plea of once in jeopardy and the prosecution will proceed with its case.”

  Roger Farris made a brief opening statement to the jury and then started putting on witnesses.

  The autopsy surgeon in the coroner’s office testified to having performed an autopsy on a body which had at first been certified out as a hit-and-run case. Afterwards, the body had been exhumed when it appeared that there were certain discrepancies in the evidence. At that time a more detailed examination of the skull had been made, and it was found that death had resulted from a bullet wound. The course and nature of the bullet wound was described and the bullet, which had been recovered from the wound, was introduced in evidence.

  Mason offered no questions on cross-examination.

  A .22 automatic was produced and identified by manufacturer’s number. The sales record showed that the weapon had been sold to the defendant Ted Balfour.

  Again there was no cross-examination.

  Roger Farris put a witness on the stand who qualified as an expert on firearms and firearms identification. He testified that he had fired test bullets from the automatic and had compared them with the fatal bullet which had been introduced in evidence, and that the markings on the bullet showed beyond doubt that the fatal bullet had been fired from the automatic which had been received in evidence.

  Again Mason did not cross-examine.

  Judge Cadwell frowned down at Mason. “Now let me understand the position of counsel,” he said. “Is it the position of counsel that, because the Court has overruled the plea of once in jeopardy, counsel intends to take no part in this trial? Because, if such is to be the position of counsel, I feel that the Court should warn counsel that counsel is here for the purpose of representing the interests of the defendant, and that, as an officer of the Court, it is the duty of counsel to see that the defendant is represented.”

  “I understand the Court’s position,” Mason said. “I am not cross-examining these witnesses, because I have no questions to ask of them. I intend to participate actively in this trial.”

  “Very well,” Judge Cadwell said frowning. “The Court needs only to point out, Mr. Mason, the importance of these witnesses. However, the Court will make no comment on the testimony. Proceed with the case.”

  “Now then, Your Honor,” Roger Farris said, “it appears that Myrtle Anne Haley, who was a witness for the People at the previous trial of this action when the defendant was indicted for negligent homicide, is at the moment unavailable. We propose to show that we have made every effort to locate her. Being unable to do so, in view of the fact that the parties to this action are the same as the parties in the other action, to wit, the People of the State of California as plaintiff and Theodore Balfour, Jr., as defendant, we wish to read her testimony into the record. I understand there is no objection.”