(Nearly there! Thanks for staying with me.)
Chapter 7
She couldn't look at him, from where he sat glowering behind the defense table, he was poised as if ready to jump up and rip out somebody's throat. She hoped it wouldn't be hers. It didn't make it any more comforting to be sworn in and then have to face the district attorney with Burger's frustration palpable and his eyes bulging out of his head.
Tragg had been unable to keep his promise, the murder had just got murkier and murkier. Burger was set on Billings and he was deeply suspicious about her presence. She suspected Tragg and the District Attorney had had a disagreement over the case, from the questions each had asked her. She knew Burger thought Perry was hiding something, he always thought Perry was hiding something, as if they both were not committed to justice as each other. She was beginning to find his accusations tiresome, he had known them both for long enough and but it didn't change his attitude, he had only two years previously offered her a job in his office. Yet now he was treating her like a criminal. It had to do with Tragg's suspicion that Perry already knew about the murder. He asked her straight forward questions, she stuck to the facts, short answers, he hadn't declared her a hostile witness when he had every right to. But it hovered there unspoken. She had been on the stand for half an hour already. She met his eye unflinchingly, she knew if she glanced at Perry, Burger would only get angrier. Burger believed she was holding out on him.
"Can you tell us when you handled the gun Miss Street?" The crux maybe, she thought, they wanted to suggest that she had done it to smear the fingerprints, to confuse.
"I removed it from Mr Billings hands, he was in sho..."
"Just answer the question." he instructed, glancing at the judge with a quick apology. He quickly moved on ,"You are familiar with the workings of the law aren't you Miss Street?"
"Some," she replied.
"Some?",he smiled insincerely, "I think you are being modest, certainly as Mr Mason's confidential secretary you are privy to strategic decisions that bend the law to Mr Masons ..."
"Objection, immaterial, irrelevant,prejudicial and incompetent." Mason growled without rising from his seat, "The District Attorney is badgering the witness." he added as an afterthought.
"Please your honor this goes to the actions carried out by Miss Street on entering the crime scene."
"Rephrase your question then Counsellor," Judge Barry directed him. Burger looked at Della, a sidelong look, " You know the rules of evidence don't you Miss Street."
"Broadly, yes." she didn't let her frustration show.
"Why didn't you call the ambulance?" His tone suggesting he wanted to understand her inexplicable behaviour.
"The man was dead." There was a snigger from the crowd. Burgers eyes narrowed briefly.
"How could you know that, if your attention was on Mr Billings. Mr Billings who was waving a gun around."
"His face was grey, He wasn't breathing."
"You knew he was dead because his face was grey? I suggest you knew he was dead because you were there when Mr Billings shot him."
"Objection. Badgering."
"Overruled." the judge said with a shade of annoyance."The witness can answer the question."
"Objection, objection, objection. Counsellor is badgering the witness."
"'Sit down Counsellor you have been overruled." The Judges tone remained emotionless.
Della took a breathe, letting calm flood, her remembering what it was like to sit at that desk next to him and ignore all of the jumping and badgering and shouting, to focus on the facts and the statements. She turned to the judge, "May I explain what happened, may I tell it as it happened" Her voice calm and reasonable, after the hysterics of the two attorneys the judge nodded.
"Of course Miss Street."
"Objection your honor." this from both of them, the judge threw them both a fiery look and that sat them down in their seats.
"I went in, Mr Billings was sitting down holding the gun staring at it, he was in shock, I went over to him, and noticed the direction he was looking, his friend on the ground, his best friend, he was distraught, I took the gun off him, removed the bullets then I went and checked for a pulse on the dead man, I took Mr Billings outside of the office, that is when I called Lt Tragg. When the Lieutenant arrived I handed the gun and all the bullets over to him."
"Thank you Miss Street." the judge said. "Further Questions Mr Prosecutor?"
"Yes your Honour, if you knew he was dead why did you check his pulse."
Della returned his stare without a hint of animosity, "I've been wrong about things before."
Unaccountably, Burger blushed and looked down at his papers shuffling them uncomfortably, "Miss Street, you say you did not phone Mr Mason from the Archane Club"
"I did not phone him."
"You did not call him on his private number that only a select number of people including yourself have"
"I did not phone him that night at any time." she reiterated, he looked at her as if he did not believe her, but waved his hand as if it was a minor point to be reinforced later.
"But you know from your years working with him not to touch or remove anything from a scene of a crime."
"Yes I know that."
"That to do so would leave you open to being an accessory after the fact?"
"I know this..."
"Your honor is this going somewhere?" Perry interjected from his feet. "It sounds like a fishing expedition."
"Is there an objection in there?" the judge replied. Perry sat down.
"Were you wearing gloves that night Miss Street."
"Yes."
"Then why did you handle the gun with bare hands, "
"I had removed my gloves when I entered the Arcane club."
"You know how to handle evidence."
"Yes but.."
"So you deliberately fingered the gun to confuse matters?"
"Objection. The District Attorney is putting statements in the Witnesses mouth."
"Overruled, Witness will answer."
"My first thought was to remove the gun from Mr Billings."
"Because he had already fired it." he was badgering her now, and she didn't know why.
"No because he was in shock." she replied calmly.
"Were you there with Mr Billings,"
"He was driving me home." she responded, cursed herself for not answering the question, "Yes I was there with Mr Billings," she added quickly.
"When he first went in?"
"No, five minutes maybe ten before I followed him in."
"Yes."
"Did you ring Mr Mason from the club?"
"No I did not." Her voice had remained calm through the whole interrogation.
"I submit you did, a call was made to his private home number, from the Archane club at precisely 11.35. I submit you did and he told you to handle the gun."
"Objection." Mason said calmly. "Pure conjecture not based on fact or supported by any evidence."
"Sustained."
"Did you speak to Mr Mason while you were at the Archane Club?"
"No I did not speak to Mr Mason from the club, nor did I ring him anytime that evening." she added again cursing herself for not sticking to the question, she drew in a breath.
"Are you aware of the consequence of perjury Miss Street."
"Yes."
"So you are saying Mr Mason did not tell you to touch the evidence."
"No, he did not."
"But he has before hasn't he asked you to do ..."
"Objection,"Perry bellowed.
"Your honor this goes to behavior."
"You are on thin ice but I will allow it rephrase the question Counsellor."
"Miss Street would you carry out a task if Mr Mason asked you to that was less than legal." Della looked at the judge and then back to Burger almost bemused.
"Are you asking me if I would carry out an act that I knew to be illegal if Mr Mason asked me to?" she queried him back. He must be loosing it to ask her this.
"Yes, yes, I suppose that is what I am asking."
"Your honor, this line of questioning is totally irrelevant. The District Attorney has not established that Miss Street spoke to me from the Archane club and she has denied it on direct questioning several times so now he wants to discredit Miss Street with smarmy accusations."
"I have already allowed this line of questioning." the Judge said, "Answer the question Miss Street.
"Its a hypothetical question, Mr Mason has never asked me to do anything illegal, you want me to tell you if I would do it if he told me to?" she clarified.
"Yes."
Oh good girl, Perry thought, good, good girl.
"Surely its irrelevant whether I would do it or not, if I know he would never ask me to?" she replied driving her point home but also delaying answering, Perry felt a headache cross his forehead, 'oh god she's going to say yes'.
"Answer the question Miss Street." Burger prodded.
"No, I would not doing something I knew to be illegal regardless of who asked me to do it." she stated firmly. Her eyes met his bulging glare, but he dropped his first, Perry watched the exchange, the headache growing. He was finding it hard to think straight, just then Tragg came in, and Burger pleaded for a brief recess.
"Miss Street can you tell us how you came to be friends with Mr Billings, good enough for him to drop you home?" he asked, her eyebrow shot up at the insinuation in that but other than that her face didn't change, "He is a friend of Mr Drakes girlfriend, Claire Avery," she told him when Perry didn't object, it wasn't a lie just not the exact truth.
"Who else were you out with on that night Miss Street?"
"As I told Lt Tragg, there was a party of seven of us." she reeled off the names.
"But Mr Mason wasn't there?"
"Objection." Perry protested, "If the District Attorney wants to go fishing I can lend him a rod but this is incompetent irrelevant and immaterial." Mason said, Della had to stop herself looking at him, he almost sounded like Hamilton Burger with that objection.
"Overruled but Mr Prosecutor get to the point."
"Mr Mason hadn't been invited on this occasion." she answered the question.
"So who were you there as a guest of?"
"Mr Billings."
"Is that all."
"Mr Billings invited me." that was true enough, he had phoned her.
"Is Mr Billings your lover Miss Street."
"Objection, ..." Mason said, the judge waved his hand to dismiss that claim.
"No Counsellor, he's not." She didn't bat an eye lid.
"Is Mr Cohen?" Burger was trying to get her to loose her temper.
"No." Her voice was still calm but an iciness had crept into it.
"Tell me Miss Street who is your lover?"
"Objection, objection, objection, Council is completely badgering and intimidating the witness, the question is irrelevant, immaterial and incompetent." Mason was fuming,
Della was looking down at her hands no longer able to meet the bulging eyes of the District Attorney, nor watch the sniggering she knew would becoming from the pews made worse by Perry's overreaction.
"Sustained." the Judge said, "Confine your questions to the matters at hand Mr District Attorney. Do you have any further questions of this witness?"
Paul came into the courtroom at that moment, and she looked up, he gave her an encouraging smile. She looked from Burger to the Judge.
"No further questions, your witness Councillor."
The Judge looked at Mason, his face was still enraged, "Cross examine Councillor."
"No questions your Honour, at this time, I would like to reserve the right to recall this witness."
"Any objections Mr Prosecutor?" the judge asked, Burger shook his head, but he didn't meet Della's eyes.
"Given the time of the day, Court will recess until Monday at 10am." he banged his gavel. She went and collected her papers off the desk, Billings looked like he was going to cry, she squeezed his arm, "Its going to be alright Butler, Mr Mason hasn't even started on them yet."
"They gave you a grilling Della."
"Don't worry about me."
"But..."Della, that was terrible. He tried to make you look..."
"Stop worrying, it will be alright." He stood up but the panic on his face was palable.
"Its alright Butler, Mr Mason, has everything under control," she said with more confidence than she felt.
"Della, can... I need to talk to you."
"You should talk to Mr Mason Butler," she told him, He lowered his eyes.
"Will you come and see me tomorrow."
She hesitated, then patted his arm, "Yes, I'll come and see you tomorrow."
Butler was lead away by the Bailiff.
Finally she looked at Perry, her face defiant, her eyebrow lifting questioning. His face was drawn, his brow furrowed, "Paul," he swung around to the big detective, "Go and grab us some food from Clays, we'll meet you at the office."
"The press is baying out their Perry." the big detective warned him.
"We'll go out the back." He held out his arm to take her by the elbow as he had a hundred times, "Come on Della."
He lead her through one of the exits that would take them away from the press.
"Perry." a voice called down the hall, it was Hamilton, Burger started towards them,
Perrys arm went protectively around Della, Hamilton's eyes went from Perry to Della, but Della's were only on Perry.
"We'll see you in court on Monday Mr Burger, I am sure anything you need to ask us can wait until then." Perry said, "Lets go Della."
That got to the office without being intercepted by a single paparazzi. Waiting in their office was Vaughan Cohen, he was rubbing his hands together nervously, when they walked in he immediately grabbed Della's hands.
"How are you girl, god you showed them cool as a cucumber, that bastard DA, wish I could..."
"That won't help Vaughan." Perry cut him off. Vaughans face dropped like a scolded puppy and he slunk into the chair by Perry's desk,
"No guess not,"
"Was there something in particular you came to see us about?" Perry prodded him.
"Yea, the boss wants you to come and see him, he's got something to tell you, something about the night of the murder."
Paul knocked and Perry let him in, "Hi Vaughan, Perry," his eyes rested on Della, "Hi Beautiful." he said softly bringing the parcel of food over."How are you?" this to Della, and Perry realized he hadn't even asked her that.
"I'm fine." she said in her calm low voice.
The greetings finished to the big detective.
Vaughan continued "He suggested you take a taxi, given the DA's got a tail on you and all, if you want I can borrow your car and take them on a cruise down to San Diego."
"Its not a bad idea Perry, you know Burger is after you for some reason." Paul said, with an unintentional glance at Della. Perry looked at Della, she was looking like she did not want to leave the safety of his side. He did not want her away from him, but he wasn't taking her into Gabriel's Lair.
"Paul take Della to Aunt Mae's make sure your not followed and post a watch.
"No I am going home, I want to .." she started to protest, his intense look silenced her.
"You can't be alone tonight." he said, when the words dried on her lips, leaving it hanging, leaving it unsaid that he could not be with her. Vaughan looked from one to the other and rubbed his head, "Whaddya want me to do Mr Mason?"
"Take my car, take it down to San Diego, can you keep out of trouble?"
"Yeah, I have a cousin down there I'll go and stay the night."
"Good, we need to go over the transcripts from today, I'm missing something and Burger hasn't pulled his last surprise."
Vaughan kissed Della on the cheek, "Take it easy girl," he said fondly.
He turned back to Mason, "Anything I can do Mr Mason, you just ask, he, he's got a chance to make it good you know,"
"If you remember anything I want you to let me know," he told Vaughan, he walked him to the elevator, "You said Maynard was there off and on, did you argue with him?" Perry asked when they were out of earshot of the others.
"Nah, he wanted to talk to Aston, he was pretty agitated, he argued with Aston, but all I heard Aston say was 'If you don't tell me what its about I can't help."
"Maynard wasn't with you all night though?"
"No,"Vaughan thought about it, "You know I can probably get the run down off his driver, I got him started so he kinda owes me."
"Good, when you get back in the morning go and see him, find out what Maynard's movements were. Ring my office, my service will get a message to me." Perry instructed.
"Mr Mason," Vaughan said, "thank you for helping my brother, he gets a bad rap being my brother but he never did the bad stuff I did." He stuck his hand out unsure if Mason would shake it. Perry looked down at it and then reached out and shook it.
When Vaughan had left, Perry went back through his eyes drawn to Della, "You need to eat something Della," Perry said gently, "You look as white as a sheet." he poured her some coffee, "And I need you to recount it again, the night, starting from when you arrived at the Archane Club," he did not need to add but she heard it in his tone, and don't leave anything out.
"Paul, we must find out who made that call to me from the Archane Club, I am starting to think that may be the key to this whole mess."
"Okay boss, you want me on that now?"
"No I want you to listen to Della's story and then tell me your own version of events, then I will go and talk to Mr Gabriel." His eyes turned to Della, she was not sure how she did not blush, his expression that had been iron fierce an uncompromising up to that point, softened, not noticeably except to Della who knew him so well, he perched on the chair next to her, he squeezed her hand, "Are you ready?"
"Yes." she cleared her throat.
"Good girl." he encouraged her. She closed her eyes and recounted it, she could feel him begin to pace the room, and then stop and scribble a note or two, usually her job, but he hadn't wanted her to write it down again, just wanted her to tell the story. When she was done, he squeezed her shoulder, then handed her pad and pencil.
"Paul." he commanded him.
Paul recounted the night.
"How long did it take you to get your cigarettes?"
"Well I made a couple of phone calls, to my men, maybe twenty minutes. Oh God Perry, I remember I'd been out the back and I walked passed the office, Delray was arguing, pretty heated, I thought it was his manager, you know the one they all call Penguin, he is always getting up Delrays nose, but that's just how they do business."
"Go on Paul." Perry encouraged him,
"Well it could have been Gabriel, it could have been or Maynard for that matter. I couldn't swear to it though Perry." he shook his head in apology.
"Okay after you get Della to Aunt Mae's then get to the Archane club, someone must have seen something, that Penguin character, grill him. I'll meet you there after I have finished with ..." he didn't finish, he instead fetched Della's coat and held it open for her,
"I don't like it Perry." she said, there were too many pieces, too many people.
"I don't either but we don't have much choice," he said grimly.
"Let me go with you." she asked him quietly, as he slipped her coat over her shoulders and squeezed her shoulders. "Its not safe Della." he said, "I need to know your safe," he added then smiled at her encouragingly, "Trust me?" he asked her almost afraid she would say no, but she placed her fingers over his where he still held her shoulder.
"Always." she told him looking into his bright blue eyes and momentarily loosing herself in them. He could feel the love she felt for him above everything else and the strength that flooded through him at that gaze motivated him as nothing else could.
"Faulkners here." Paul said. "And your taxi is out the back."
"Loose those tails Paul."
"Yes boss."
Paul came inside with her.
"What's going on?" Mae demanded at their serious faces.
"We just need to lie low for awhile." Della said.
"What lay low with watchers?" she demanded.
"Its just a precaution, " Paul said,
"That doesn't answer my question young man."
"Della can fill you in," he said, giving her arm a squeeze, "I have to go and meet Perry."
"You don't want something to eat then?" she asked. Paul looked torn, Mae's food or duty,"I wrap you up some biscuits, you should be 400 pounds with the bad food you eat," she went through into the kitchen.
"Now you." Paul said trying to exert some authority."You stay here, Perry is going to call here if there is any trouble."
"What are you talking about?"
"Your lack of protest makes me feel nervous, stay here."
She smiled at him without being sulky,"go and find out who made that phone call."
"Right and Della,"
"Yes Paul."
"Only Faulkner and Watson know your here."
"And you and Perry." she added.
He smiled, "Yes,"
Mae came back out with a bag of food, he looked in it, sandwiches and biscuits.
"Thanks Mae your a doll." he kissed her on the cheek, she was a head shorter than Della but had Della's beautiful hazel eyes and steely determination.
"Hmmm, get going you big oaf." she shooed him out the door before locking it and turning to her niece.
"Well girl what was that all about?" her aunt asked.
"Perry has decided I am safer with you." She could not keep the petulant tone out of her voice.
"He has a cheek that man, I can't fathom, what with all the scrapes he manages to drag you through how with one thing or another he thinks you could be in worse danger now."
"He thinks the murderer thinks I know who he is."
"Is that what he told you."
"No, he didn't have to."
"And do you?"
"No."
"And your Mr Perry Mason doesn't either."
"That's what he has gone to find out," Della said, suddenly exhausted,
"Come on dear, come and sit down, have a rest. I'll make us some tea, no doubt you have drunk a flagon of coffee already today." Della nodded.
"Is Daniels typewriter still here?"
"Of course, its in the guest room,"
"Do you mind if I bring it down here."
"You're going to work? Now?"
"I am too tired to sleep aunt Mae and ..."
"yes, yes, you won't go to bed until you hear from those two school boys call in. I swear you three are worse than the three musketeers, go ahead honey."
Mae watched her walk up the stairs, she looked exhausted, she had wanted to go to the court but Della hadn't allowed her. "I don't want you to hear what they might say about me."
"I know the truth about you that's all that matters," her Aunt had replied, but she had conceded to her nieces wishes.
Della couldn't relax, she was never going to sleep knowing that both of them were out searching out some very nasty characters. She'd typed up their notes from the day. She rattled around in her bag she still had Butlers script, she pulled it out , she read the first chapter and made corrections . It was a mild distraction at first but as she got further into it a panic started to build in her. The three main characters were all being blackmailed by a nasty character, one she almost thought she recognized, and Perry was off chasing Pengally, but the Penguin, he, he might be another victim or worse. She had to tell Perry.
Perry got dropped off a block away from the address, he waited in alcove of a doorway, watching the cars, seeing if any of them stopped, started, but none did, he went down the backstreets, pulling his hat down around his ears and his coat more closely around his bulky body. For a moment he considered he should have taken Paul's offer up of the 38 that he had gone to slip into his pocket before he left, out of sight of Della of course but he had declined it. Now as he walked along the seedy back alley, uneven underfoot and piles of garbage backed up to the rear of buildings, and only flickering lights of dirty light bulbs to guide his way he thought it had been perhaps premature to refuse it. He turned the corner some twenty meters from the main road, the further down the alley was bustling, pimps, druggies and the rest hanging out smoking, joking, watching, he walked passed them all until he reached the purple door with the yellow crown painted on it.
He did not recognize the punks on the door, but one of them called out his name, "Yo Mason, up here." he said, but only loud enough for Mason to hear.
"Mr Cohen said to bring you up here. follow me." Mason followed him up some stairs, he lead him through and office and then through a door where a thug rested.
From the darkened rooms he was suddenly in a light airy place, more like a lounge room, designed to sit twenty or so people comfortable, he noticed the door open to a bedroom and he scowled as a door opened and Mr Gabriel himself.
"I'm sorry I couldn't come down to your office Mr Mason, I know you are a busy man."
"What did you want to see me about Mr Gabriel?" Mason asked this man who he couldn't help but despise.
"I wanted to give you some history about Delray and Butler."
"What makes you think Butler hasn't told me." he asked. Gabriel smiled at him as if he understood the reason for his hostility, "Have a drink Mr Mason, this is not a quick story and while I don't want to end up on the witness stand, I don't want to gloss over anything."
"Why come forward now?" Perry asked him.
"Miss Street tells me that often its the clients who cause the most trouble, because they won't tell the truth." Gabriel said, and Perry felt his temper rising, she had talked about their relationship with this man. "I can't speak for Butler but I can tell you what I suspected."
"Its facts I need not suspicions," Perry growled but accepted the drink and Gabriel waved him into a chair, he sat and held the heavy glass in his hand. "You know Vaughan gets carried away sometimes."
"So I have heard."
"Butler would not tell me how he was mixed up with Delray. I didn't know how until today."
"What happened today"
"Vaughan told me about the grilling they gave Della, Miss Street. I'm sorry for that."
"Your presence wouldn't helped any," Perry conceded. Gabriel gave a brief smile noticing Masons attitude. Gabriel got up and picked up an envelope. He handed it to Mason. "Mr Pengally dropped this off to me today, he was in disguise, but, I recognized him, the negatives are in there as well."
Perry pulled out the photos, she was laughing, the next photo was of Gabriel and Della there fingers touching, and the next of them kissing.
"Blackmail?" he asked. The headache was returning.
Gabriel shook his head, "not Pengally, even if he took up that specific vocation, he wouldn't not me. And he would have hardly given me the negatives."
"Why not you. You are very confident about him."
"Because I know his secrets," Gabriel said,"I have always known."
"You know why Delray was blackmailing him."
"Delray wasn't blackmailing Pengally, he, they fought, yes, but Delray had nothing to gain by blackmailing Pengally,they were successful together, both of them knew it"
"So it had to be someone who had something on both Pengally and Delray, and was close enough to you get these?" Perry said.
"Delray was a punk, he wanted to be a Mr Big, call the shots. Delray found out someone was blackmailing Pengally, I don't think that was part of the deal. He took it personally."
"What aren't you telling me?" Mason demanded, Gabriel did not seem to be effected by that temper or the flashing eyes.
"There was fear in Pengallys eyes Mr Mason, some men, for some men death is more welcome than the revelation of their secrets to the world."
"Where does he live?"
"I didn't get the impression he was going home." Gabriel said.
"Where does he live?" Mason repeated. Gabriel got a piece of paper and wrote it down,
"This is his apartment but he has a house down at the beach."
"What beach?"
"San Surano"
"May I use your phone?"
"Of course."
He pointed him to the phone on the counter.
"Della?" he said into the phone, "Has Paul called in yet?" he asked, he listened for a moment, "Yes, yes, there is someone else involved, someone we have completely overlooked. "Have him go to San Surano, here's the address, I've got to make a couple of stops but just get him there and wait for me."
He listened for a moment and then said,"That's what I thought, yes Pengally ...I will." He hung up the phone, Gabriel was watching him closely.
"I know you don't need opinion Mr Mason, but I will give you mine anyway, I thought maybe it was Maynard who was squeezing Pengally, but that night, Maynard wanted my help but he wanted me to agree that it would not effect our Contract. I refused, he was very agitated, we argued but he wouldn't tell me what it was." Perry absorbed this information without reaction.
"Thank you for your time Mr Gabriel."
"You are helping my friend Mr Mason, it is I who should be thanking you." Gabriel said politely, Mason stared at him for a moment.
"If you hurt her you will find I am not such a helpful person to know." Perry said in dangerously quiet tones.
Gabriel wagged his finger at him, "Ah Mr Mason, its not I who has such power over her to hurt her," he responded. The attorney scowled at him. "Not that I wouldn't give an awful lot to be that person." He was rewarded with a scowl. He decided he wouldn't tell Mason what Della had told him that night, let him stew. Gabriel thought, it would keep him on his toes. He knew that if his own ego was just a little bit smaller he would have moved heaven and earth to have that woman by his side.