it was a double surmise. First, that as one with long experience in the investigation of crime and culprits, I had an appreciable doubt of his guilt. Second, that the police had been so taken by the circumstances pointing to Mr. Ashe-his obvious motive and his discovery of the body-that their attention in other directions had possibly been somewhat dulled. For example, an experienced investigator always has a special eye and ear for any person occupying a privileged position. Such persons are doctors, lawyers, trusted servants, intimate friends, and, of course, close relatives. If one in those categories is a rogue he has peculiar opportunities for his scoundrelism. It occurred to me that-”
“You said all this to Mr. Ashe?”
“Yes, sir. It occurred to me that a telephone-answering service was in the same kind of category as those I have mentioned, as I sat in this room yesterday and heard Mr. Bagby describe the operation of the switchboards. An unscrupulous operator might, by listening in on conversations, obtain various kinds of information that could be turned to account-for instance, about the stock market, about business or professional plans, about a multitude of things. The possibilities would be limitless. Certainly one, and perhaps the most promising, would be the discovery of personal secrets. Most people are wary about discussing or disclosing vital secrets on the telephone, but many are not, and in emergencies caution is often forgotten. It struck me that for getting the kind of information, or at least hints of it, that is most useful and profitable for a blackmailer, a telephone-answering service has potentialities equal to those of a doctor or lawyer or trusted servant. Any operator at the switchboard could simply-”
“This is mere idle speculation, Mr. Wolfe. Did you say all that to the defendant?”
“Yes, sir.”
“How long were you with him?”
“Nearly half an hour. I can say a great deal in half an hour.”
“No doubt. But the time of the court and jury should not be spent on irrelevancies.” Mandelbaum treated the jury to one of his understanding glances, and went back to Wolfe. “You didn’t discuss your testimony with the defendant?”
“No, sir.”
“Did you make any suggestions to him regarding the conduct of his defense?”
“No, sir. I made no suggestions to him of any kind.”
“Did you offer to make any kind of investigation for him as a contribution to his defense?”
“No, sir.”
“Then why did you seek this interview with him?”
“One moment.” Donovan was on his feet. “I submit, Your Honor, that this is the State’s witness, and this is not proper direct examination. Surely it is cross-examination, and I object to it.”
Judge Corbett nodded. “The objection is sustained. Mr. Mandelbaum, you know the rules of evidence.”
“But I am confronted by an unforeseen contingency.”
“He is still your witness. Examine him upon the merits.”
“Also, Your Honor, he is in contempt.”
“Not yet. That is in abeyance. Proceed.”
Mandelbaum looked at Wolfe, glanced at the jury, went to the table and stood a moment gazing down at it, lifted his head, said, “No more questions,” and sat down.
Jimmy Donovan arose and stepped forward, but addressed the bench instead of the witness-stand. “Your Honor, I wish to state that I knew nothing of the meeting this morning, of the witness with my client, either before or after it took place. I only learned of it here and now. If you think it desirable, I will take the stand to be questioned about it under oath.”
Judge Corbett shook his head. “I don’t think so, Mr. Donovan. Not unless developments suggest it.”
“At any time, of course.” Donovan turned. “Mr. Wolfe, why did you seek an interview this morning with Mr. Ashe?”
Wolfe was relaxed but not smug. “Because I had acquired information which cast a reasonable doubt on his guilt, and I wanted to get it before the court and the jury without delay. As a witness for the prosecution, with a warrant out for my arrest, I was in a difficult situation. It occurred to me that if I saw and talked with Mr. Ashe the fact would probably be disclosed in the course of my examination by Mr. Mandelbaum; and if so, he would almost certainly ask me what had been said. Therefore I wanted to tell Mr. Ashe what I had surmised and what I had discovered. If Mr. Mandelbaum allowed me to tell all I had said to Mr. Ashe, that would do it. If he dismissed me before I finished, I thought it likely that on cross-examination the defense attorney would give me an opportunity to go on.” He turned a palm up. “So I sought an interview with Mr. Ashe.”
The judge was frowning. One of the jurors made a noise, and the others looked at him. The audience stirred, and someone tittered. I was thinking Wolfe had one hell of a nerve, but he hadn’t violated any law I had ever heard of, and Donovan had asked him a plain question and got a plain answer. I would have given a ream of foolscap to see Donovan’s face.
If his face showed any reaction to the suggestion given him, his voice didn’t. “Did you say more to Mr. Ashe than you have already testified to?”
“Yes, sir.”
“Please tell the jury what you said to him.”
“I said that I left this room yesterday morning, deliberately risking a penalty for contempt of court, to explore my surmises. I said that, taking my assistant, Mr. Archie Goodwin, with me, I went to the office of Bagby Answers, Incorporated, on Sixty-ninth Street, where Marie Willis was murdered. I said that from a look at the switchboards I concluded that it would be impossible for any one operator-”
