The Case of the Angry Mountain
Chapter 21
21.1
Della Street and Katherine DeNuerve hurried into Luke's Medical Center, both women anxious about the health of two different men. Della walked over to the information desk and said, "We are here to see Robert Ironside and Perry Mason."
The woman sitting at the desk checked the patient listing on the computer. "Both of those men are being treated in emergency. Are you ladies their wives?"
Della was about to shake her head no when Katherine interrupted. "Yes, I am Mrs. Ironside and this is Mrs. Mason."
"In that case, let me check and see if they are ready for you to come back yet." She disappeared through the double doors.
Della looked at Katherine with a smile. When Katherine noticed, she asked, "What?"
"You have come a long way from just coming up here to visit to Robert's wife."
Katherine turned red. "They might not let us back there if they found out we are not related to them." Della smiled again as the attendant returned to the information counter. "If you will follow me, I will take you back to your husbands."
Della and Katherine followed her to the treatment rooms. "Mr. Ironside is in Treatment Room two and Mr. Mason is in Treatment Room four."
"Thank you," Della said with a smile. She nodded to Katherine who headed toward Robert's treatment room. She pulled back the curtain of Perry's room. Standing to his right was the district attorney.
"Hello, Miss Street. I am happy to see that Mr. Mason is going to be all right. I will leave the two of you alone." He left the treatment room after shaking Perry's hand.
Della looked at his right knee. It had been immobilized in a brace. Other than that and a few scratches, he did not look too bad. She had been expecting much worse after the call she had received from Paul.
Mason smiled as she came toward his bed. "I told you everything would come out alright, didn't I?"
Della moved immediately into his arms. Perry kissed her temple. It is okay, baby. I am fine. Lowering his lips to hers, Perry kissed her as if to reassure her.
"You had me worried, Mr. Mason." She pushed a lock of hair away from his forehead.
"I know. I am sorry. We didn't quite expect things to happen the way they did."
"Is Robert okay?"
"Bob is the reason we are still alive. For a man in a wheelchair, he sure can handle himself well."
"You are being modest, Perry. Paul said you carried Robert through the woods after his wheelchair was destroyed. I would say you had a lot to do with his survival as well."
Perry ran his finger down Della's cheek. "I had no choice. I couldn't leave him there. He would have run out of bullets and then he would have been prey for either those wolverines or Kyle Bailey's wolf. Still it was his ingenuity that helped us take out the wolf and then the wolverines." Perry's expression turned even more serious. "That wolverine tore him up pretty bad."
"Robert is tough. He will be fine. At least the two of you caught the killer."
Perry looked into Della's eyes. "We are going in court tomorrow to wrap this thing up."
"Is that why Arnie Hazelwood was here?" Della asked.
"He is going to cooperate after what I told him transpired in the woods." Perry chuckled.
"Just what do you find so amusing in all this?" Della crossed her arms over her chest.
"Bob… he is the most stubborn man I have ever known."
"Oh, I don't know, I can think of another man who would give him a run for his money," she responded with a smile. "Paul said Robert told him no matter how many times he told you to leave him behind, you refused."
Perry grinned. "I think the hardest part for him was I refused to take his orders in that case. He is not use to people saying no to him. Everyone jumps when he barks. It is a good thing they do not know his bark is worse than his bite."
"So if we wrap up the trial tomorrow, what are we going to do from there?"
"We came up here to vacation and it is high time we get to do that. I thought Bob and I would go fishing with Milt as soon as the trial is done."
Amused, Della smirked. "Is Milt expected to carry both of you to the river?"
A boyish grin appeared on Perry's face. "No. I thought I would borrow a wheelchair from the hospital and race Bob to the river. You know… bring him down a peg or two when I beat him there!"
Della laughed at the competitive spirit that never seems to wane between the brothers. "I'd be careful if I were you. He can move that chair pretty fast when he wants to."
Perry took her hand in his. "I need to let him know I appreciate what he did out there and you know he is not one to accept thanks so a nice healthy competition will let him know it."
"And just how will that let him know?" Della asked skeptically.
Perry grinned. "I haven't the faintest idea but I have to take advantage of the fact that his hand is broken, his shoulder is torn up and his arm in the other side is tightly bandaged. I might wrangle at least a tie."
Della laughed and shook her head.
21.2
The nurse opened the curtain into Robert Ironside's treatment room. "Chief Ironside, your wife is here to see you."
Ironside raised his eyebrows and said, "By all means, show her in."
Katherine entered the treatment room knowing fully well, being call his wife would not have gotten past Ironside. He was far too sharp.
"Hello Mrs. Ironside," he said with a slight smile.
A bit embarrassed, Katherine said, "They asked if Della and I were the wives and I thought it would be easier to get in to see both of you if we said yes."
He smiled. "I could not do better if I tried."
Katherine approached his bed. She surveyed the bandages and then sat beside him. "I am happy you are alright. Della and I were worried about the two of you."
He took her hand with his broken one. "Always trust me to know what I am doing."
She glanced at his hand that was in a cast and smiled. "I do, Robert but you must also allow me to worry just a bit."
He reached up and touched her cheek with his index finger. "If you did not worry just a bit then I would be concerned you didn't care. Just be sure worry doesn't consume you."
"It won't. I promise. I was concerned but I also was sure you and Perry would look out for one another."
Ironside smiled. "Come here, Katherine." She stood up from the chair and leaned over his bedside. "When I came up here, I just wanted to get through this vacation without spoiling it for Perry and Della. You changed all that for me. After tomorrow, I just want to spend some time alone with you."
"You mean you are going to stay? What about Perry and Della?"
Ironside said sarcastically, "I have no doubt my brother will think of something for the two of them to do."
Katherine laughed. "You sound jealous."
"Hardly," he snorted. "Perry is not my type."
Katherine chuckled. Again, she looked at the bandages and the cast. I hope Perry is not this banged up."
"No, he chose to leap off a cliff and leave me to contend with the wolverines." There was a slight smirk on his face.
"That is not exactly the way I heard it."
Ironside turned serious. "No, he probably saved my life with his stubbornness."
"And of course you are not the least bit stubborn?"
Ironside feigned surprise. "Me... stubborn? Not in the least." He chuckled and lifted Katherine's hand to his lips. He kissed it. "See if you can find a doctor to sign me out of this place, will you?"
"Robert, you should stay... at least tonight. Take a look at the beating you have taken."
"No, I can't do that. Perry and I have some unfinished business to prepare for. We can't do that in here."
"And you are not the least bit stubborn..."
Ironside smiled, his dimples prominent. He put up his index finger, thumb, and held the tips very close together. "Well, maybe just a little."
Katherine could not resist his little boy charm. She laughed and then bent down as he pulled her into an embrace and kissed her.
21.3
Mason and Ironside arrived at the courtroom the next morning. The lawyer was on crutches with his knee in a brace. Della stuck close to him, knowing that he was not use to walking on them.
Katherine pushed Robert Ironside into the room in his borrowed wheelchair. His shoulder was in a brace to constrict his movement. She settled him behind the swinging gate directly behind his brother. Mark and Eve joined them at the front of the courtroom.
"It is about time you two get back to work," Ironside complained.
"It's good to see you too, Chief," Eve said with a smile. "Are you alright? We have been worried about you and Perry."
"I am fine and so is Perry," Ironside said.
"Ed told us what happened. Where is he by the way?" Mark asked.
"Out of sight until we need him."
"I don't understand," Eve said. "I thought Perry would just call you to the stand and then call for a dismissal."
"He will but there is something he has to do first."
Milt Stein was brought in by the bailiff. He greeted his daughter who was sitting directly behind him and turned to Ironside. "Hi Bob, Perry tells me that there has been a major break in the case."
The judge came into the room and everyone stood up. "Alright, , call your next witness."
Perry attempted to stand up. Pain shot through his knee as he nearly fell back into the chair.
"Mr. Mason, the court is aware of the damage to your knee. Please feel free to remain seated," the judge suggested.
"Thank you, Your Honor, but I would prefer to conduct the defense as usual, Perry responded.
The judge smiled. That was exactly the response he had been expecting from Perry Mason. "Suit yourself, Mr. Mason. Please call your next witness."
"The defense calls Robert T. Ironside to the stand."
Chief Ironside pushed his chair through the gate, wheeled to the witness stand and was sworn in.
"Chief, yesterday you and I went to Dylan Demaris cabin to search for clues, did we not?"
"That is correct."
"Will you tell the court what happened?"
Ironside described to the court the events that followed arriving at Demaris' cabin, their attempt to flee away from their stalker and the attacks they endured.
"Chief, did you recognize the man that appeared to us in the woods?" Perry asked.
"Yes, the man was Deputy Kyle Bailey."
"What did Deputy Bailey tell us?"
"He intended to kill us because; in his words we were getting to close to the truth. He had already tried."
Arnie Hazelwood stood up. "Objection! Chief Ironside testified they did not see their stalker. Therefore, he could not possibly know who had attacked them."
"Mr. Hazelwood, I have been a detective for over twenty five years. When a man shows up with a trained wolf after we had just been attacked by one, the possibility that he sent that wolf in to attack us is likely. Besides he admitted to having sent the wolf in."
Perry held back a smile. If Hazelwood thought he could get the better of Robert T Ironside, he was in for a lesson in humility.
"Mr. Hazelwood, based on what Chief Ironside just said, would you like to withdraw your objection?" Judge Northrop asked.
"Yes, Your Honor, I withdraw the objection."
"What else did Deputy Bailey say?"
"He said that Dylan Demaris admitted to killing Gail Smith?"
"Objection, hearsay."
"Sustained!"
Perry knew that even a district attorney that agreed to cooperate would object to that one but he wanted the impact that his brother saying it would have on the judge.
"Did he admit to killing anyone himself?"
"Objection! It has no bearing on who killed Dylan Demaris."
Oh, but it does," Mason disagreed.
"Objection overruled. We are all interested in getting the truth here. You may continue, Mr. Mason."
"Chief?"
"He admitted to killing all of the people whose cabins Demaris had acquired except one.
"Did he say why he killed them and why he did not kill the other cabin owner?"
"He said he had to silence them. He did not want them talking to you or me. The other one was under our protection."
"Chief, did Deputy Bailey say why he and Dylan Demaris were acquiring land on this mountain?"
"Yes, they planned on growing and selling marijuana. They believe they could conceal the business more easily on this mountain."
"Now, Chief, did he make good on his threat of killing you and me?"
Ironside smiled inwardly. His brother walked into this one and he was not above taking advantage of it. "Obviously not or we are both appearing here as ghosts." Laughter rippled throughout the courtroom. The judge smiled and made no attempt to silence the people.
When it died down, Perry smiled and asked, "Did he attempt to?"
"Yes, but Otto, my police dog came out of the woods to defend us then Sheriff Gates shot Bailey and the wolf that had attacked Otto."
Perry decided not to bring up the box that his brother had hidden… at least not yet. He would hold that for his next witness. "Your witness, Mr. Hazelwood."
"Chief Ironside, did Deputy Bailey at any time state that Milt Stein did not kill Dylan Demaris?"
"No he did not but we did not need to ask him since we already…"
"Thank you, Chief Ironside that will be all." Hazelwood went back to his table.
"Mr. Mason, how many more witnesses do you intend to call?" the judge asked.
"Just two, Your Honor," Perry responded.
"Alright then call your next witness."
"The defense calls Sheriff Thomas Gates."
Sheriff Gates came into the courtroom in full uniform, including wearing his gun. He sat down in the witness stand and waited for Mason to begin.
Mason hobble over to him, having trouble navigating the crutches. "Sheriff, can you tell the court how you happened to be in the woods yesterday and more importantly how you happened to be in the same area Chief Ironside and I were in?"
"I had suspected Deputy Bailey for some time now so I had been following him."
"Suspected him of what?"
"Murder. I had reason to believe he was actually the one who murdered Dylan Demaris and the former deed holders of the property Dylan had acquired."
A quiet rumble of voices could be heard around the courtroom. The judge banged his gavel on the bench. "Silence! I will not tolerate any interruptions in this courtroom!" The room quieted immediately.
"What made you suspect him?"
"I found out that he and Dylan were acquiring the land to grow marijuana. When I questioned him about it, he said I would have no choice but to remain quiet since I was a partner with Dylan Demaris in a business adventure."
Ironside studied Gates. He had not expected him to admit to the partnership. He thought Perry would have to confront him with the partnership papers. Then why not admit to them? He was a cop. The best way to make people believe you were innocent was to act innocent. The man was not only going to try to cover up his activities with Demaris and Bailey but also justify them as legal. He would take the position that he had been duped and set out to set things right. Very clever!
"Then you were not aware what they wanted the land for?" Perry said raising his voice.
"No, I was not. I overheard them talking about the real purpose."
"You were one of the witnesses on every deed signing which transferred property to Dylan Demaris?"
Gates smiled. "That is not as sinister as you make it sound, Mr. Mason. The real-estate office is right next door to the sheriff's office. I have probably signed every deed on this mountain."
"I see." Mason began hobbling back to the defense table when the judge stopped him.
"Mr. Mason, please allow your assistant to bring you what you need. Quite frankly, I don't think it is a good idea for you to be walking around on that knee."
Perry nodded as Della came forward and handed him several sheets of paper. She whispered to him, "I wish I could get you to listen to me like you just did the judge."
Perry whispered back, "You don't carry around a mallet and threaten contempt of court."
"I could start carrying a mallet and there are better ways to control you then contempt of court."
Perry smiled as he understood her meaning.
"Mr. Mason, please continue," the judge called out from the bench.
Mason handed the papers to Sheriff Gates as Della stayed nearby. "Sheriff, tell the court what you are holding in your hand."
"They are copies of the deeds that signed the properties of the now deceased owners over to Dylan Demaris."
"And they are signed by you as a witness?" Perry asked.
"Yes, they are. I explained that, Mr. Mason.
"You did indeed. He pointed at one of the deeds. "This is your signature?"
"Yes."
He pointed to another one. "And this one?"
"Yes, that is my signature as well."
"And you are sure you signed these at the time of the closing on the properties?"
"Oh, Your Honor, the witness has said he signed them. How many times does Mr. Mason have to ask him?" Hazelwood complained.
"I signed all of them at closing," Gates said.
"Sheriff, please wait for a ruling to answer a question when counsel objects."
"Yes, sorry, Your Honor."
"Since the question has been answered… again, I trust Mr. Mason is satisfied that the witness was present and signed the deeds?"
Perry smiled. "Why, yes. I am quite satisfied."
"Then I withdraw my objection."
"You may continue, Mr. Mason."
"What type of business were you and Mr. Demaris in?"
"Consulting."
"Consulting for what?"
Gates seem to get a bit flustered before answering, "Hunting. Since people were coming to the mountain, we would teach them to hunt and what the best guns and equipment was for the animals they were hunting."
"But hunting is not allowed on this mountain," Perry pointed out.
"I am fully aware of that but it is in various areas all over this country. Since the people who come here are interested in the wilderness, what a better clientele to start with?"
"I see. And how was this business going?"
"We had just begun it, actually. With my job, we really had not had the time to get it off the ground."
The judge wondered why the prosecution was allowing this line of questioning without objecting. It seemed Mason was getting further and further away from the case. Yet, Hazelwood was objecting very little.
"You said you were in the woods yesterday because you were following Kyle Bailey, is that right?
"That is correct."
"Sheriff, you shot and killed Kyle Bailey. Is that correct?"
"Yes."
"Why didn't you try to just stop him by wounding him?"
Gates became indignant. "That is a strange question for you to ask, counselor, since he was about to kill you."
"You could have wounded him but you didn't."
"I accessed the situation and decided that you and Chief Ironside needed to be protected so I decided to shoot to kill."
"I see. Let's go back to the day of the murder. You were in the woods with Chief Ironside's Sergeant Brown, is that right."
"Yes, we have been over this."
Mason smiled. "I just have a few questions about that day. If I remember correctly you said you lost track of Sergeant Brown after the quake hit?"
"That is correct. Then neither you nor Sergeant Brown came upon Dylan Demaris before the earthquake hit?"
"No. I told you, the quake hit and after the shaking stopped Sergeant Brown was nowhere to be found."
"Do you know if Sergeant Brown came upon Dylan Demaris?"
"Mr. Mason, since Sgt. Brown is dead, it is doubtful, he was in any condition to traipse around the woods after the quake and he sure did not come across Dylan before it because he was with me."
"Are you sure you do not want to change any of your testimony?"
"Of course not? Why would I want to deviate from the truth?"
"I would not think you would. That is all, Sheriff." Mason smiled again and hobbled back to the defense table.
"No questions," Hazelwood said.
"Mr. Mason, please call your final witness," Judge Wilbur Northrop said.
"The defense calls… Sergeant Edward Brown of the San Francisco Police Department." The courtroom broke out in pandemonium.
Judge Northrop banged the gavel on the bench several times. "Order in the court! There will be order or I will clear the courtroom!"
After the courtroom died down, the double doors opened and Sergeant Ed Brown came into the courtroom. He walked up the center aisle and stopped when he reached Sheriff Thomas Gates. He turned and looked him in the eye. Ed could tell that his appearance had the exact effect Perry and the chief had wanted. He was pale as a ghost and he began perspiring.
From the defense table Perry began. Sergeant, you are assigned to the office of Chief Robert T Ironside, is that correct?"
"It is."
"You were called up here by Chief Ironside to investigate the murder of Dylan Demaris?
"I was."
"You were in the woods at the time of the earthquake, were you not?"
"I was."
"Do you remember the earthquake hitting?"
"I did not at the time. I woke up in the woods. I only heard afterwards that there was an earthquake."
"When you came back to Captain Stein's cabin, did you tell Chief Ironside what had happened to you?"
"No, I did not."
"And why not?"
"Because I did not know what happened to me. In fact, I did not even know who I was."
"In other words, you had amnesia. Is that correct?"
"Yes."
"What steps did you take to restore your memory?"
"I was under a doctor's care and Chief Ironside sent me into the woods with Paul Drake to see if something would jog my memory."
"And did it?"
"Yes, it brought back everything that happened that day."
"Did you tell Chief Ironside?"
"Not at that time."
"And why not?"
"Because somebody shot me."
"And you remained in the hospital until just recently. Is that correct?
"Yes, I was in Saint Luke's Medical Center under police protection."
"But you were still unable to tell Chief Ironside what happened that day?"
"That is correct. I was unconscious."
"Has your memory been completely restored?"
"It has."
"Sergeant Brown, did Milt Stein murder Dylan Demaris?"
"No sir, he did not."
"Will you tell the court how you know that?"
"Because I know who did kill Dylan Demaris."
"Sergeant, go back and tell us exactly what happened that day."
"Sheriff Gates and I were in the woods investigating the rape of a local girl."
"That was before the earthquake hit?"
"That's correct."
"Chief Ironside ran an investigation separate from the one that Sheriff Gates ran, did he not?"
Ed nodded. "Yes, he did. He asked Captain Groman of the Boise Police Department to run the lab test."
"And did you receive the results of the lab work from Captain Groman?"
"Yes, we did. Using the semen taken from the victim, the Boise police lab compared it to the DNA of two suspects."
"And were you able to determine which suspect, if either, raped the girl?"
"Yes sir."
"Which suspect did you determine was the rapist?"
"As Chief Ironside suspected, both of them were."
"You are telling the court she was raped by two men, not one?"
"Yes sir that is what I'm saying."
"Please tell the court who the two men are."
"Deputy Sheriff Kyle Bailey and Dylan Demaris." The courtroom broke out in low murmurs.
"Were you able to obtain the results of the test that were run by Sheriff Gates?"
"Yes. According to the lab work Sheriff Gates had done, the results were inconclusive. He was unable to determine who the attackers were."
Mason handed the lab report to the judge. "Your Honor, I would like this report entered as defense Exhibit D."
Without getting up to look at the report, Artie Hazelwood said, "No objection."
Milt Stein turned to Della Street. "I do not understand why Perry would introduce this evidence. This only provides the prosecutor with a motive for me to kill Dylan."
Della patted his hand. "That motive has already been established. You must trust Perry. He knows what he is doing."
"Then what happened?" Perry continued.
"The sheriff and I were returning when we heard voices in the woods."
"Do you know who those voices belonged to?" Perry asked.
"Yes. They belonged to Dylan Demaris and Deputy Kyle Bailey."
"They were laughing and bragging about raping Milt Stein's daughter. When they approached us, Dylan Demaris wanted to know just how much I had heard. Sheriff Gates told them I had heard everything. Demaris told Gates that he knew what had to be done. Kyle Bailey said he would leave it to Sheriff Gates.
"I knew I was in trouble when Gates made no attempt to arrest either of them."
"Then what happened?"
"Gates told Demaris he would no longer do their dirty work for them. Damaris just laughed and said he would do exactly what he was told because if they went down, they would take Gates with them."
"How did Sheriff Gates react to that?"
"He pulled his gun on Damaris and told him he was not taking any more orders from either of them. He told Damaris it was over."
"Did you try to stop him?"
"When I reached for my gun, the Sheriff pointed his at me. He demanded I give him my gun and my badge."
"And did you?"
"Yes. However, Dylan Damaris made a move toward Sheriff Gates while he was distracted with me. However, Gates left Damaris behind and came after me. Damaris was alive at that time."
"Then what happened next?"
"I was running through the woods when the earthquake hit. When the shaking subsided, I got up and began running again. I tripped over a rifle and fell to the ground."
"Did you see Sheriff Gates again?"
"Yes. He picked up the rifle and stood over me."
Perry motioned to Della who got up, went to the evidence table and picked up the rifle. She carried it to the witness stand and handed it to Perry.
Mason handed the rifle to Sgt. Brown "Is this the rifle that Sheriff Gates had in his hands?"
"I cannot say for certain but it looks like the same rifle. Wait, in fact, it is. I remember the initials on the handle. 'BS'. I saw them when I looked down after I tripped.
"Let the record show that Sgt. Brown has identified the murder weapon as being in the possession of Sheriff Gates."
"Your Honor, Sheriff Gates is not on trial here," Hazelwood call out from the prosecutor's table.
"The defense is merely trying to show that the defendant was not the only one with the opportunity to kill Dylan Damaris."
"Overruled. You may continue, Mr. Mason."
"Did Sheriff Gates threaten you with the rifle?"
"He used the butt of the rifle to knock me out."
"He hit you in the head, you mean?"
"That is correct."
"Thank you, Sergeant. Your witness."
Hazelwood stood up. "Sergeant Brown, You said you knew who killed Dylan Damaris, is that right?"
"I did."
"Did you witness his murder?"
"No."
"Then how can you say that you know who did it?"
Ed smiled. "I am a detective... taught by the best there is, Mr. Hazelwood. I will leave Mr. Mason to prove his case but one thing I know for certain, Milt Stein did not kill Dylan Damaris. The rifle that he supposedly killed him with was not even in his possession when the murder was committed."
"But you did not see the actual murder?"
"Objection! Asked and answered," Perry said.
"Sustained!" The judge called out.
Hazelwood walked away from the witness stand. "No further questions."
"You may step down, Sergeant."
Ed Brown left the stand as Perry called out. "I recall Sheriff Thomas Gates to the stand."
"Sheriff, please come forward. I remind you that you were still under oath," the judge said.
Gates walked past the gate and sat down in the witness stand. He eyed Mason cautiously. He watched him as the lawyer approached him.
"Sheriff, you heard Sgt. Brown's testimony?"
"I did."
"How do you explain that the rifle was in your possession and not Milt Stein's at the time the murder was committed?"
"Nothing against the sergeant but he is mistaken. He did have amnesia, after all. He just isn't remembering what happened as it actually did."
"Did you hear Dylan Damaris and Kyle Bailey laughing and talking about raping Milt Stein's daughter?"
"No, I am afraid not. They were laughing but it was unclear what they were laughing about."
"Damaris did ask you what Sergeant Brown heard, did he not?"
"No, I do not recall that either."
"Do you recall Damaris telling you knew what to do? And Kyle Bailey telling you he would leave it up to you?"
"Like I said, Sergeant Brown does not remember actually what happened. Dylan and Kyle said hi and kept going. That is all there was to it."
"So you are saying that Sergeant Brown is lying?"
"Not at all. He had amnesia. Maybe it is what he thinks happened. I don't know. All I know is that is not what happened."
"What size shoe do you wear, Sheriff?"
"What? What difference does that make?"
"Just answer the question. What size shoe do you wear?"
"I don't see what that has to do with anything. I am NOT answering that question."
Mason looked up at the bench. "Your Honor, would you instruct the witness to answer?"
"The witness will answer Mr. Mason's question."
"I don't see what that has to do with anything but alright, I wear a size nine shoe."
"The footprints that were found at the scene, what size were they? Refresh the court's memory."
"Oh no you don't, Mason! I know what you were trying to do! You are not going to hang this on me! Just because I wear a size nine shoe. For all I know I could have stepped in that mud at the scene."
"But you didn't. Would you like me to call Paul Drake and Della Street to the stand? Both of them will testify that you did not."
"Sure. Call your own people to testify. Like they're not going to say exactly what you want them to say."
"The witness will answer only the questions the defense counsel asks. You will keep your comments to yourself," Judge Northrop warned.
"I ask you again… what size were the footprints found at the scene of the murder, Sheriff?" Mason thundered.
"You know fully well they were a size nine, Mason!" Gates cried out. "How many people do you think wear a size nine that live on this mountain?"
"If you don't mind, Sheriff, I will ask the questions," Mason said with a smile. He turned and nodded at Della who brought a photograph forward." Mason handed the photo to Gates. "Tell the court what that is a photo of."
Gates looked at the photo. "It looks like a picture of someone's closet."
"Indeed it is, Sheriff. Does that closet look familiar to you?"
"Now why should a closet look familiar to me?" Gates snarled.
Ignoring his comment, Mason pointed at a section of the picture. "I am sorry, Sheriff. I assumed you would recognize a closet in which one of your uniforms is hanging."
Gates took another look at the picture. "I don't have any idea whose closet that is."
Hazelwood stood up and addressed the bench. "Your Honor, I have been patient but I have no idea where this is going or why Mr. Mason is using this line of questioning. It does not appear to have anything to do with this case."
"Mr. Mason?"
"I am about to tie it into this case, Your Honor, if I may be allowed to continue."
"Alright but get to the point."
"Officer Whitfield, please stand up." Eve did as Mason asked. "I can call this officer to the stand who will testify that this picture was taken in Gail Smith's cabin just before it burned to the ground. Could you explain to the court what one of your sheriff's uniforms is doing in her closet?"
Gates looked down. "It is not what you are thinking, Mason. Gail did all the sewing on my clothes for me… buttons, tears, that kind of thing. My uniform was missing a button. She was going to sew another one on it for me."
"You were in love with Gail Smith, were you not?"
Gates shook his head. "That is ridiculous! I can't sew. She offered a long time ago. She had been doing it ever since."
"Didn't you visit her on a regular basis?"
"I checked on her. She lived in a secluded area."
"She did not return your feelings, did she?" Mason inquired.
"I told you we were friends. She helped with sewing and in return, I checked on her. That is all."
Mason turned and nodded at Della again. Ironside handed her a box, which she brought forward and handed to Perry.
Mason reached into the box, pulled out a photograph, and set it down on the witness stand. "Tell the court who is in that photograph."
"Objection! No proper foundation laid. I let it pass on the picture of the closet because Officer Whitfield was here to call to the stand but I must object to Mr. Mason presenting this photograph."
"Your Honor, this box was dug up by me at Dylan Damaris place under Chief Ironside's direction. We had a search warrant, Your Honor."
"I am aware, Mr. Mason. I am the one who signed it. I am going to allow this line of questioning, Mr. Hazelwood. We are all looking for the truth."
Mason turned back to his witness. "Who is in that photo?"
Gates looked away from the defense attorney. "You son of a bitch, Mason!"
"That is enough, Sheriff! You know better. Answer Mr. Mason's question," Judge Northrop ordered.
Gates sat still without saying anything.
"Sheriff? Who is in the picture?" Mason repeated.
"Alright! It is a picture of Gail and me," he snapped.
"And what are you doing in the photo?"
"I tried to kiss Gail. However, it was for helping me. You make is sound dirty."
"I don't believe it was dirty, Sheriff. From the look of that photo it was not consensual though, was it?"
"No, she is pushing me away." There was despair in his voice.
Mason pulled out more photographs and set them on the witness stand. "Can you tell the court what is in those photos?"
Gate's face turned red with embarrassment when he saw the photos Mason had put before him. "They are pictures of me."
"And where are you?"
"Outside of Gail's cabin."
"You are watching her through a window, are you not?"
"Yes." He answered quietly.
"You are doing that in all of these photos, aren't you?"
"Yes."
"Now, I ask you again, you were in love with Gail Smith, were you not?"
Gates was silent for a moment and then answered, "Yes."
"Damaris and Bailey were blackmailing you, were they not?"
"Yes."
"They threatened to turn these pictures over to Gail Smith if you did not cooperate with them, didn't they?"
"Yes."
"It would have ruined any chance you had with her, would it not?"
"Yes."
"Then Dylan Damaris killed Gail Smith because she would not sell her land?"
"Yes."
"That enraged you, did it not?" Mason continued.
"He killed her because she loved the land. She did not want to sell. He killed her." Gates had tears in his eyes.
"So after Bailey left you and Damaris, you decided to kill Damaris to revenge Gail's death, didn't you? You knew whose rifle that was by the initials so you killed Damaris with that rifle and planted it at the scene knowing fully well that you would later arrest Milt Stein for the murder?"
Sheriff Gates looked up at Mason. "He deserved to die. He killed her for a piece of land. I could not live with what they were doing. I would never have convinced a judge that I was not a part of it. Damaris and Bailey would have said I was. I had to get out of it. When they killed Gail, I decided they both would pay for it."
"So you killed Damaris with Milt Stein's gun. Is that correct?"
"Yes." A low murmur broke out in the courtroom as the judge banged his gavel on the bench to restore quiet.
"And then you found your chance to kill Deputy Bailey under the guise of protecting Chief Ironside and me?"
"Yes, I shot to kill. He deserved it."
The courtroom was so quiet if a pin dropped, it would have sounded like a glass bottle crashing to the floor. "Your Honor, I move all charges against the defendant be dismissed," Perry said quietly.
"The people concur," Hazelwood said.
"Case dismissed. The defendant is released from custody. "Bailiff, take Sheriff Gates into custody."
Perry hobbled back to the defense table to an awaiting, smiling client. Milt Stein was hugging his daughter. He turned to Mason and offered his hand. "I don't know how to thank you, Perry."
"You can thank me by not interrupting my vacation any further," Perry said with a grin. And pay the bill… promptly."
Milt smiled. "You can count on it and the cabins are on the house. You and Bob will not be charged."
"I would hope not," Ironside said gruffly. "So far, I have not been able to go fishing. I have not been able to relax. I have a broken hand, a torn up shoulder and arm."
"Well," said Milt with a smile, "at least you got to go for a walk in the woods."
As everyone laughed, Perry said, "What do you mean walk in the woods? I had to drag his hide around."
"Alright, before this escalates into another sparring match, I think we all better get out of here," Della said.
"Come on, Robert," Katherine said. "You can let Perry have the last word just this once."
"Like hell, I will. If you give a lawyer the last word, he'll never stop talking."
Everyone laughed as they headed out of the courtroom.
Epilogue to follow…