“If he does, he’s keeping his nostrils from quivering even the least bit,” Drake replied. “He isn’t going to stir up any stink in the department merely because Sergeant Dorset let a woman pull the line that she was going to have hysterics and so get a chance for a frame-up. You know, Perry, if Mrs. Faulkner had said she wanted to go out and
Mason nodded, said, “I’m beginning to get an idea, Paul. I think that... Here’s the judge coming back to the bench. Looks as though he had really taken things into his own hands... Bet
Judge Summerville returned to the bench, once more called court into session and said, “Gentlemen, the Court has arranged over the telephone with one of the best consulting criminologists in the city to take charge of that check and see what can be done toward developing latent fingerprints on it. Now do you gentlemen wish to go on with the case? I am frank to state that in view of the peculiar development, the Court will be inclined to give the defense an adjournment in case the defendant wishes it.”
“I think not,” Mason said, “not at the moment, anyway. Perhaps as the evidence progresses...”
“I don’t think I’d like that,” Medford interrupted. “In other words, the counsel for the defense is adopting the position that we’ve got to go on putting on our case and showing our hand and then, at any moment, when the defendant wants to, the defendant can call for an adjournment. I think if there’s any question about it, we should adjourn the case until after the fingerprints have been developed on that check.”
Judge Summerville said crisply, “The Court’s offer was made to the defense. I don’t think that the prosecution is entitled to ask for an adjournment when a valuable piece of evidence, I may say a most valuable piece of evidence, has been permitted to all but slip through its fingers, and would have gone entirely unnoticed if it hadn’t been for counsel for the defense. Proceed with your case, Mr. Medford.”
Medford took the Court’s rebuke with the best grace he could muster. “Of course, your Honor,” he said, “I am merely presenting the case as developed by the police. It is not the function of my office to...”
“I understand, I understand,” Judge Summerville interrupted, “The fault undoubtedly lies with the police, but on the other hand, gentlemen, it is quite evident that it is not the function of the attorney for the defendant to come into court and point out evidence, the significance of which has been entirely overlooked, both by the police and the prosecution. However, that is neither here nor there. Mr. Mason says that he does not care for an adjournment at this time. The Court will state frankly that it will be inclined to give Mr. Mason a reasonable adjournment whenever it is made to appear that it would prejudice the defendant’s case to go on with the examination before all of the evidence is in on that check. Call your next witness, Mr. Medford.”
“Lieutenant Tragg,” Medford said.
Tragg had never been in better form than when he got on the witness stand. In the manner of an impartial, skillful police officer who is only doing his duty and has no personal interest or animosity in the matter, he began to weave a net of circumstantial evidence around Sally Madison, and then, when he testified to the occasion of picking up Sally Madison on the street and finding the gun and the two thousand dollars in bills in her purse, he sprang the bombshell which Ray Medford had been so carefully preparing.
“Now then, Lieutenant Tragg,” Medford said, “did you examine that weapon for the purpose of developing any latent fingerprints?”
“Certainly,” Tragg said.
“And what did you find?”
“I found several latent fingerprints which retained sufficiently distinct characteristics so that they could be positively identified.”
“And whose fingerprints were they?”
“Four fingerprints were those of the defendant.”
“And the others?” Medford asked in a voice that held just a note of conscious triumph.
“The other two fingerprints,” Lieutenant Tragg said, “were those of Miss Della Street, the secretary of Mr. Perry Mason, and the one who, at the request of Perry Mason, had taken Miss Sally Madison to the Kellinger Hotel in an attempt to keep her from being questioned.”