“Accessory to what?” Mason asked.
“To the murder of Albert Tidings.”
“I see,” Mason commented calmly, “and whom am I supposed to be aiding and abetting?”
“Robert Peltham.”
“Oh,” Mason said, “so he’s the murderer now, is he?”
“You know he is.”
“And how do I know it?”
“He told you so shortly after midnight on Monday night — or to be exact, the time was Tuesday morning. You met him at your office, and he retained you. You arranged for an alibi for Peltham and his mistress. In order to make that alibi good, you wanted it to appear that Tidings was still alive on Tuesday morning, that he met his death sometime after noon on Tuesday. Everything that you have done, Mason, supports that conclusion. The circumstantial evidence is strongly against you, and in view of the statement of Mattern, who is a direct witness, I feel it my duty to institute criminal proceedings against you unless you can convince me that you are innocent.”
“And how can I convince you?” Mason asked. “I can’t ask questions of the witnesses. I can’t even find out what evidence you hold. My hands are tied.”
“Not if you’re innocent,” Berger said. “You don’t need to cross-examine witnesses in order to find out what cards I hold in my hand. You can make a simple, direct statement of your connection with the case.”