Эрл Гарднер: The Case of the Buried Clock

“As cross-examination directed for that purpose, the question will be permitted, and the objection is overruled,” Judge Canfield said.

“No, sir. I saw no sign of any buried clock, I heard no ticking of any clock. I saw no indication that the ground had been disturbed.”

“Subsequently, Mr. Beaton, while you were on the ground, did you have any of the witnesses point out to you a spot at which a clock had been found?”

Both Hamilton Burger and Thomas McNair were on their feet. It was Thomas McNair, forceful, dramatic, rapid in his conversation, who managed to get the first objection into the record. “Your Honor, we object. That is absolutely incompetent. It is an attempt to drag another issue into this case. It calls for hearsay evidence. It is an attempt to prove an incompetent fact by asking a witness about a conversation.”

Hamilton Burger cleared his throat, added importantly, “It is a matter which has, at no time, been touched upon in direct examination, Your Honor. No claim is made that the question even relates to the same general locality, concerning which the witness testified.”

Judge Canfield nodded his head. “It would seem that this objection is well taken, Counselor,” he said to Mason.

“I would like to be heard upon it, Your Honor.”

“Very well.”

Mason looked at the clock. “This, Your Honor, is a crucial point in the case. I think, if the Court please, I can get some authorities on the matter if I am given a little time. After all, some of the events of the morning, while known in advance to the district attorney, have naturally taken the defense entirely by surprise. The Court will note that this testimony about the second gun is at complete variance to the situation as heretofore disclosed by the testimony.”

“But that was outlined, anticipated and even suggested in your cross-examination yesterday, Mr. Mason.”

There was a smile in Mason’s eyes as he said, “And the witness offered to bet me a million dollars there was no second weapon to be found in that barranca. In the absence of the million-dollar payment, I should be en titled to sufficient time to investigate the new legal situation disclosed by this abrupt switch in the testimony.”

“Very well,” Judge Canfield said, smiling. “Court will take a recess until two o’clock this afternoon. If you wish to look up authorities, Mr. Mason, please bear in mind the point made by the prosecution, that this is an attempt to prove an extraneous fact by hearsay evidence. Not only does the Court consider the fact itself to be extraneous and irrelevant, but the question, as framed, called upon the witness to relate some action he had taken in connection with a statement made by some other person.”

“But Your Honor will note,” Mason said, “that the question relates to an activity on the part of this witness. The reason for that activity is embodied as a part of the question. I think we are entitled to show the activity, and, having shown that, the reason for it, as it might tend to show bias on the part of the witness.”

Judge Canfield frowned thoughtfully, then shook his head.

Hamilton Burger said, “If the Court please—”

“The Court will recess until two o’clock,” Judge Canfield said, “and all arguments will be heard at that time. In the meantime, there is nothing to be gained by a further discussion. However, the Court will consider that it is incumbent upon Mr. Mason to produce authorities in support of his question. Failing in that, the objection will be sustained. I think that clarifies the situation and the position of the Court. We will recess until two o’clock.”

Back in his office, Mason held a hurried conference with Jackson, his law clerk, Della Street and Paul Drake.

“Find me some authority,” he said to Jack, “which even squints at the doctrine that hearsay evidence may be brought out on cross-examination to show the reason which actuated the witness... There must be some authority somewhere — such, for instance, as a question, Didn’t you go to a certain place, because so-and-so told you that such-and-such was the case?”

Jackson nodded, vanished into the law library.

Mason, frowning, said, “Unless I can drag that clock in on cross-examination, I’m not going to get it in. And the way things look right now, I’m not going to get it in on cross-examination.”

“Did you think you could?” Della Street asked.

Mason said, “I’m sparring for time. Burger intended to rest his case. Judge Canfield would then have given me until two o’clock to put on my case. As it is now, we’ll start arguing at two o’clock. I can talk for ten or fifteen minutes. Then let’s suppose Judge Canfield rules against me, and then Burger rests his case. The Judge will then give me another continuance until tomorrow morning before I have to start putting on my case. I’ll gain that much... Damn it, Paul, that clock means something, and yet I can’t even get it into evidence unless I can find out what it means.”

“We can’t get anywhere with Mrs. Payson,” Drake said. “She’s interested in astrology, but she’s interested in a lot of other things. Astrology, it seems, doesn’t have so much to do with astronomy, and like lots of women who talk about the signs of the zodiac, she doesn’t know a damn thing about the stars themselves.”

“You’re certain?”

“Yes. I’ve pumped her.”

“She might have been holding out on you.”

“I don’t think so.”

Mason said, “Hang it, Paul. That clock wasn’t set on sidereal time just as an accident. It wasn’t—” He broke off abruptly.

“What’s the matter?” Drake asked.

Mason said, “An idea, that’s all... but — shucks, Paul!”

Mason picked up the telephone, said to the girl at the switchboard, “Gertie, get me the county clerk’s office. I want the deputy who has charge of exhibits in the case of People versus Hardisty and Macon. I’ll wait on the phone.”

Mason held the telephone, his fingertips drumming the desk. After a few moments he said, “Hello. This is Perry Mason talking. That alarm clock which was introduced into evidence... Is it still running? It is. How fast is it running?... Check that accurately, will you? Let me have the exact time shown on it at a certain precise moment.”

Mason took out his watch, laid it on the desk in front of him, said, “Okay, let me have it right now.”

He marked down the figures on a pad of paper, frowned thoughtfully at them, then said after a moment, “Yes, that’s all. Thank you.”

He dropped the receiver back into place, said, “That’s strange.”

“What is?” Della Street asked.

“In the first place,” Mason said, “that’s a twenty-four-hour clock. We can count on somewhere around thirty-six hours to a winding. It will vary somewhat, depending upon the condition of the spring and the make of the clock. However, it’s still running strong. That indicated it was wound up shortly before it was discovered. But the interesting thing is that the clock hasn’t gained a minute since yesterday.”

“Well?” Della Street asked.

“Sidereal time,” Mason said, “is almost exactly four minutes faster each day. It lacks just two or three seconds of that. It—” Abruptly he threw back his head and began to laugh.

“What is it?” Della Street asked.

Mason’s laughter became uproarious. “The joke,” he said, “is on me. I’m laughing at myself. We baited a trap and then walked into it ourselves.”

“I don’t get you,” Drake said.

Mason said, “It goes back to the quotation about the engineer being hoist with his own petard... Della, tell Jackson not to make any further investigation. We won’t need those authorities... Now give me half an hour to get my thoughts straightened out and we’ll walk into court and give Mr. Hamilton Burger and his fresh assistant, Mr. Thomas L. McNair, a jolt they’ll remember as long as they live! The solution of this whole mystery has been staring me right in the face, and I’ve been so blind I couldn’t see it!”