“Simply this,” Mason said “the gun, which the witness Diggers says was found in the Breel handbag, actually came from the hip pocket of Austin Cullens. You will note, from Sergeant Holcomb’s testimony, that there was nothing whatever in the right-hand hip Pocket of Austin Cullens’ trousers. The reason there was nothing there is that Cullens was in the habit of carrying a gun there. In that Pocket, he carried a gun which killed George Trent. That is the gun which the witness Diggers claims was found in the handbag of the defendant in this case. Now then, your Honor, note the significant portion of the testimony given by the witnesses, Golding and Tannis. They, both of them, state there were two shots. The testimony of the autopsy surgeon is that there was only one bullet found in the body of Austin Cullens. There has been no explanation of what gun fired the other shot. Under the circumstances, the defendant feels that the jury should be given an opportunity to view the premises for themselves, and, if they desire, make some investigation to find out if there’s another bullet...”
Judge Barnes shook his head. “I don’t think that it’s a fair interpretation of the privilege of viewing premises to make the jurors witnesses to the discovery of some fact which may have a vital bearing on the case. However, the Court will appoint a disinterested investigator to make such a search if Counsel so desires, and that investigator can be accompanied by Counsel for both sides, and report to the Court in the morning.”
“That is quite satisfactory to me,” Mason said, “and in order to show that my desire is only to establish pertinent facts, I will suggest that the Court appoint Carl Ernest Hogan, the ballistics expert of the police department, to make this investigation forthwith in the presence of Mr. Sampson from the district attorney’s office, and myself as the representative of Sarah Breel.”
Judge Barnes nodded. “It is so ordered,” he said, “and Court will adjourn until tomorrow morning at ten o’clock.”
An uproar gripped the courtroom.
Chapter 17
All the way out to Cullens’ residence, Larry Sampson maintained a thoughtful silence. Gradually, he commenced to pick up the loose threads of various ideas which had been flitting through his head and weave them into a comprehensive pattern. Hogan also was silent, the careful silence of one who is afraid to say anything lest he say too much. Perry Mason, on the other hand, was filled with conversation, but his conversation had nothing to do with the case of the People vs. Sarah Breel. Instead, he told stories, discussed politics, and in general, kept up such a constant flow of words that the others were interrupted in their attempts to center their minds on the problem which had assumed a position of such importance.
Behind the official car containing the lawyers and the man appointed by the Court to make the official inspection, there came a police car and three automobiles filled with newspaper reporters and photographers. Sampson turned uneasily in the seat to frown at the glaring headlights which poured in through the back window. “Look here,” he said, “we don’t want all of this bunch in there tramping around.”
“Why not?” Mason asked.
“They might interfere with our finding evidence. And besides, the Court said that only the three of us were to go in.”