"Oh," Mason said, "then you weren't at the window all of the time."

  "No. I did a reasonable job of surveillance and that's all you can expect."

  "So your notes are inaccurate in that they don't show every person who came to the unit and they don't show every person who left."

  "Those notes are accurate."

  "They show the persons that you saw entering and the persons you saw leaving," Mason said, "but you don't know how many other people could have gone in or gone out that you didn't see."

  "I'd have seen them, all right."

  "But you were in the bathroom on at least one occasion?"

  "Yes."

  "Perhaps two?"

  "Perhaps."

  "And you didn't put down the time the manager of the motel was in there?"

  "No."

  "Or the time she left?"

  "No."

  "That's all," Mason said.

  "If the Court please," Leland said, "I intended to let that conclude my case but under the circumstances and in view of the highly technical point raised by counsel I will call the manager of the motel.

  "Mrs. Carmen Brady, will you come forward and be sworn, please?"

  Mrs. Brady was sworn, identified herself as the manager of the motel.

  "On Tuesday night did you have occasion to go to Unit 10?"

  "I did."

  "What time was this?"

  "I made a note of the time. It was exactly nine-twelve."

  "And what happened?"

  "The telephone rang and a woman's voice said that I had better check on the man in Unit to, that he seemed to be ill. I hung up the telephone, went to the unit and looked in and Mr. Boring was lying there on the floor. He was breathing laboriously and heavily and I dashed back and called the police."

  "Cross-examine," Leland snapped at Perry Mason.

  "What time did this call come in?" Mason asked.

  "At twelve minutes past nine."

  "You went to the unit?"

  "Yes."

  "How long were you in there?"

  "No time at all. I opened the door and saw this man lying on the floor and turned and dashed out and notified the police."

  "At once?"

  "At once."

  "Did you close the door behind you when you entered the motel unit?"

  "I… I can't remember, Mr. Mason. I think I started to close the door and then saw the man on the floor and was startled and ran toward him and bent over him and saw he was still alive and then I dashed out of the unit and called the police."

  "How do you fix the time of the call as being nine-twelve?"

  "I made a note of it."

  "At the suggestion of the police?"

  "Yes."

  "Then you marked down the time, not at the time the phone call was received but at some time afterwards?"

  "Within a few minutes afterwards."

  "How long afterwards?"

  "Well, I called the police and told them the man was injured, and they wanted to know how I knew and I told them about having received a tip over the telephone, and the police officer suggested that I make a note of the time."

  "So you made a note of the time."

  "Yes."

  "And what time was that?"

  "It was just a little after nine-thirteen."

  "Then you made a note of nine-twelve, a little after nine-thirteen?"

  "Well, I thought the call had been received a minute earlier."

  Mason said, "You received this call. You hung up the telephone and went at once to Unit 10?"

  "Yes."

  "And then went back to the motel and then picked up the telephone and called the police."

  "Yes."

  "How far is it from the office to the motel unit?"

  "Not over seventy-five feet."

  "Did the police tell you it was then nine-thirteen?"

  "Not at the time, no."

  "How did you fix the time?"

  "By the electric clock in the office."

  "And did that clock show the time as nine-thirteen?"

  The witness hesitated.

  "Did it?" Mason asked. "Yes or no?"

  "No. The clock showed the time as nine-seventeen."

  "Yet you now swear it was actually nine-thirteen?"

  "Yes."

  "On what basis?"

  "The police records show I called at nine-thirteen. Their time is accurate to the second. Later on when I checked my clock I found it was fast."

  "When did you check it?"

  "The next day."

  "You did that after you found there was a discrepancy between your time and that on the police records?"

  "Yes."'

  "I think that's all," Mason said. "I have no further questions."

  "I'll call Dr. Powers to the stand," Leland said.

  Dr. Powers took the stand.

  "Did you have occasion to perform an autopsy on a body on Wednesday morning?"

  "I did."

  "Had you previously seen that individual?"

  "I had treated him when he arrived in an ambulance at the emergency room."

  "What was his condition at that time?"

  "He was dying."

  "When did he die?"

  "About twenty minutes after his arrival."

  "Do you know the cause of death?"

  "A fracture of the skull. He had been hit with some blunt instrument on the back of the head."

  "He was hit with a blunt instrument, Doctor?"

  "As nearly as I can tell."

  "There was a fracture of the skull?"

  "Yes."

  "And it resulted in death?"

  "Yes."

  "Cross-examine," Leland said.

  "There was no external hemorrhage?" Perry Mason asked.

  "No."

  "An internal hemorrhage?"

  "Yes. Within the skull there was a massive hemorrhage."

  "Injuries of this sort could have been sustained by a fall, Doctor?"

  "I don't think so. The portion of the skull in question had received a very heavy blow from some heavy object."

  "Such as a club?"

  "Perhaps."

  "A hammer?"

  "I would say, more in the nature of a bar of some sort."

  "Perhaps a pipe."

  "Perhaps."

  "Did you notice any other injuries?"

  "Well, I noticed a contusion on the side of the man's face, a rather slight contusion but nevertheless a contusion."

  "You mean a bruise?"

  "Yes."

  "Technically a traumatic ecchymosis?"

  "Yes."

  "Any other injuries?"

  "No."

  "No further questions," Mason said.

  "I'll call Herbert Knox," Leland said.

  Knox came forward, was sworn, identified himself as an officer, stated that he had received a radio report at nine-fifteen to go to the Restawhile Motel; that he arrived at approximately nine-eighteen, was directed to Unit to; that he there found a man who was injured, that this was the same man who had been taken to the emergency unit and turned over to Dr. Powers, the Witness who had just testified; that the man was then, in his opinion, in a dying condition and that the witness subsequently saw the body in the morgue and it was the body of the same individual he had first seen in Unit 10 at the Restawhile Motel.

  "Cross-examine," Leland said.

  "Did you notice the odor of whiskey in the unit?" Mason asked.

  "I certainly did. Whiskey had been spilled over the clothes of the injured man. The odor was strong."

  "You made an inventory of the things in the room?"

  "Later on, yes."

  "There was a traveling bag and some clothes?"

  "Yes, a two-suiter and a traveling bag."

  "Did you find any money?"

  "Not in the unit, no."

  "Did you at any time search the injured man for money?"

  "Not until after his arrival at the hospital. I personally searched the clothes which were removed from him."

  "Did you find any money?"

  "A hundred and fifteen dollars and twenty-two cents in bills and coins," the officer said.

  "There was no more?"

  "No. He was wearing a money belt. It was empty."

  "Did you search Boring's automobile?"

  "Yes."

  "Did you find any money?"

  "No."

  "As far as you know, the money which you have mentioned represented the entire cash which he had?"

  "Yes."

  "That's all," Mason said.

  "That's our case, if the Court please," Leland said. "We ask that the defendant be bound over for trial."

  "Does the defense wish to make any showing?" Judge Talent asked. "If not, it would seem that the order should be made. This is simply a preliminary hearing and it has been established that a crime has been committed and that there is at least reasonable ground to believe the defendant is connected with the commission of the crime."

  Mason said, "It is now eleven-thirty. May I ask the Court for a recess until two o'clock, at which time the defense will decide whether we wish to put on any case?"

  "Very well," Judge Talent said. "We'll continue the case until two P.M. Will that give you sufficient time, Mr. Mason?"

  "I think so, yes," Mason said.

  After court adjourned, newspaper reporters interviewed Mason and Leland briefly.

  Leland, coldly aloof, said, "I am fully familiar with counsel's reputation for turning a preliminary hearing into a major courtroom controversy. It is entirely improper and, if I may say so without criticizing my brother district attorneys, I think the reason is that some of those district attorneys have become a little gun shy of Mr. Mason. They try to put too much evidence and that gives the defense an opportunity to make a grandstand showing."

  The newspaper reporter turned to Mason. "Any comment?" he asked.

  Mason grinned and said, "I'll make my comment at two o'clock this afternoon," and walked out.

  CHAPTER SIXTEEN

  Mason, Della Street, and Paul Drake ordered lunch to be served in their suite at the Mission Inn.

  The telephone rang shortly after Mason had placed the order.

  Della Street nodded to Mason. "For you, Chief," she said, and then added in a low voice, "Mrs. W."

  Mason took the phone, said, "Hello," and Mrs. Winlock's smooth, cool voice came floating over the line.

  "Good afternoon, Mr. Mason. How did the court hearing go this morning?"

  "Very much as I expected," Mason said cautiously. "And do you want to do something that is for the best interests of your client?"

  "Very much."

  "If," the voice said, "you will adhere to the bargain I outlined to you, you should be able to score another triumph over the prosecution, have the defendant released and have the case thrown out of court.

  "Both my son and I are in a position to testify, if necessary, that when we entered that unit the man was lying on the floor breathing heavily and we thought he was drunk. And I will testify that I was the one who made the phone call to the manager of the motel."

  "Suppose I simply subpoena you and put you on the stand?" Mason asked.

  She laughed and said, "Come, come, Mr. Mason, you're a veteran attorney. You could hardly commit a booboo of that sort. Think of what it would mean if I should state the man was alive and well when I left."

  "And your price?" Mason asked.

  "You know my price. Complete, utter silence about matters which will affect my property status and my social status. Good-by, Mr. Mason."

  The receiver clicked at the other end of the line.

  Della Street raised inquiring eyebrows.

  Mason said, "Paul, you're going to have to pick up lunch somewhere along the line. I want you to go out to the Restawhile Motel. I want you to take a stop watch. I want you to get the manager to walk rapidly from the switchboard, out the front door, down to Unit to. I want you to have her open the door, walk inside, turn around, walk back, pick up the telephone, call police headquarters and ask what time it is. See how long it takes and report to me."

  "Okay," Drake said. "What time do you want me back here?"

  "Call in," Mason said. "I may have something else for you. Telephone a report just as soon as you have checked the time."

  "Okay," Drake said, "on my way."

  Five minutes after Drake had left, the chimes in the suite sounded, and Della Street opened the door to a very agitated George D. Winlock.

  "Good afternoon," Winlock said. "May I come in?"

  "Certainly. Come right in," Mason said.

  Winlock looked at Della Street. "I would like very much to have a completely private conversation with you, Mr. Mason."

  "You can't do it," the lawyer said. "Under the circumstances I'm not going to have any conversation with you without a witness. However, I may state that Miss Street is my confidential secretary and has been such for quite some time. You can trust to her discretion, but she'll listen to what's said and, what's more, she'll take notes."

  Winlock said, "This is a very, very delicate matter, Mr. Mason. It is very personal."

  "She's heard delicate matters before which have been very, very personal," Mason said.

  Winlock debated the matter for a moment, then surrendered. "You leave me no choice, Mr. Mason."

  "Sit down," Mason said. "Tell me what's on your mind."

  Winlock said, "My wife has told you that she and her son, Marvin Harvey Palmer, are willing to testify that they were the two people who were seen entering Unit io between eight and nine; that at that time Boring was lying on the floor breathing heavily; that they smelled whiskey and thought he was lying there drunk; that Marvin Palmer waited for some minutes, hoping that Boring would revive so that he could talk with him; that my wife was there a much shorter period of time."

  "Well?" Mason asked.

  "It's not true," Winlock said, with some agitation. "Boring was in full possession of his health and his faculties when they were there."

  "How do you know?"

  "Because I was there after they were."

  "You haven't told me," Mason said, "what was the nature of your interview with Boring."

  "I told him I was going to have him arrested for blackmail, that there was no longer any opportunity to keep my relationship with Dianne secret, that you had uncovered it and that Dianne herself knew about it, that under the circumstances I was going to have him arrested in the event he wasn't out of town by morning."

  "Did you ask him for the ten thousand dollars back?"

  "Yes. I made him return the money."

  "Without a struggle?"

  "I threw a terrific scare into him. He hated to part with that money, but he didn't want to go to prison for blackmail."

  Mason said, "You had given Boring ten thousand dollars in cash?"

  "I had."

  "At what time?"

  "At about five P.M. He had stopped by my office just before closing time. He was there very briefly. I had the money ready for him."

  "And from your office he went directly to the motel?"

  "I believe he did. You should know. Apparently you were having him shadowed."

  "That's what the detective's report said," Mason observed.

  Winlock said, "I am very deeply disturbed about this thing, Mr. Mason. I cannot permit my wife to commit perjury simply in order to save our reputation. That's altogether too great a price."

  "And how do you know it's perjury?"

  "Because Boring was in good health when I left him."

  "That's what you say," Mason said, eying Winlock narrowly, "but there's another explanation."

  "What?"

  "That you killed him," Mason said.

  "I did!"

  "That's right. That you went to Boring and threatened him with arrest, and Boring told you to go ahead and arrest and be damned; that you weren't going to push him around. You had an argument, hit him, inflicting fatal injuries, and removed the money you had given him as the result of his blackmail.

  "In that event, your wife's, testimony wouldn't be directed primarily at saving Dianne, but at saving you.

  "The man was lying there dying when Dianne entered the motel unit. You were the last one to see him prior to the time Dianne saw him. The minute you state that he was alive and well when you saw him, you make yourself a murderer."

  "I can't help it," Wirilock said. "I am going to tell the truth. I've steeped myself in deceit as much as I am going to."

  "Now then," Mason went on, "what would happen if your wife went on the stand and your stepson went on the stand and both of them swore positively that when they entered that unit in the motel they found Boring lying on his back, breathing heavily, with the odor of whiskey overpoweringly strong?"

  "If I were put on the stand I would still tell the truth."

  "Suppose you weren't put on the stand?"

  Winlock got up and started pacing the floor, clenching and unclenching his hands. "God help me," he said, "I don't know what I'd do. I'd probably get out of the country where I couldn't be interviewed. I-"

  "You'd get out of the country," Mason said, "because you'd be avoiding a charge of murder."

  "Don't be foolish, Mr. Mason. If I had killed him, I would be only too glad to ride along with the story my wife and stepson are thinking of concocting in order to purchase Dianne's silence. I would then perjure myself and swear that the man was unconscious and apparently drunk."

  Mason said, "Unless this act you're now putting on is all a part of the over-all scheme to save your own neck and to confuse me… The minute you tell me that this man was alive and well when you left, you put me in a position of suborning perjury in the event I permit your wife and stepson to testify as witnesses for the defense that he was lying there in a stupor, apparently dead drunk."

  "I can't help it, Mr. Mason. I've gone just as far as I'm going to along the slimy path of deceit in this thing. I've got to a point now where I can't sleep, I can't live with myself."

  "And how does Mrs. Winlock feel about all this?" Mason asked.

  "Unfortunately, or fortunately, as the case may be, she doesn't share my feelings. Apparently the only thing that is bothering her is the question of how to prevent this situation from being disclosed, how to prevent her social set from knowing that she has been living a life of deceit for the past fourteen years, that she hasn't been married to me at all. Her only concern is for the immediate effect on her social and financial life."