In connection with the autopsy and its results there was a decided set-back. For while the joint report of the fivedoctors showed: "An injury to the mouth and nose; the tip of the nose appears to have been slightly flattened, thelips swollen, one front tooth slightly loosened, and an abrasion of the mucous membrane within the lips"--allagreed that these injuries were by no means fatal. The chief injury was to the skull (the very thing which Clydein his first confession had maintained), which appeared to have been severely bruised by a blow of "some sharp instrument," unfortunately in this instance, because of the heaviness of the blow of the boat, "signs of fractureand internal haemorrhage which might have produced death."But--the lungs when placed in water, sinking--an absolute proof that Roberta could not have been dead whenthrown into the water, but alive and drowning, as Clyde had maintained. And no other signs of violence orstruggle, although her arms and fingers appeared to be set in such a way as to indicate that she might have beenreaching or seeking to grasp something. The wale of the boat? Could that be? Might Clyde's story, after all,conceal a trace of truth? Certainly these circumstances seemed to favor him a little. Yet as Mason and the othersagreed, all these circumstances most distinctly seemed to prove that although he might not have slain her outrightbefore throwing her into the water, none the less he had struck her and then had thrown her, perhapsunconscious, into the water.
But with what? If he could but make Clyde say that
And then an inspiration! He would take Clyde and, although the law specifically guaranteed accused personsagainst compulsions, compel him to retrace the scenes of his crime. And although he might not be able to makehim commit himself in any way, still, once on the ground and facing the exact scene of his crime, his actionsmight reveal something of the whereabouts of the suit, perhaps, or possibly some instrument with which he hadstruck her.
And in consequence, on the third day following Clyde's incarceration, a second visit to Big Bittern, with Kraut,Heit, Mason, Burton, Burleigh, Earl Newcomb and Sheriff Slack as his companions, and a slow re-canvassing ofall the ground he had first traveled on that dreadful day. And with Kraut, following instructions from Mason,"playing up" to him, in order to ingratiate himself into his good graces, and possibly cause him to make a cleanbreast of it. For Kraut was to argue that the evidence, so far was so convincing that you "never would get a juryto believe that you didn't do it," but that, "if you would talk right out to Mason, he could do more for you withthe judge and the governor than any one could--get you off, maybe, with life or twenty years, while this wayyou're likely to get the chair, sure."Yet Clyde, because of that same fear that had guided him at Bear Lake, maintaining a profound silence. For whyshould he say that he had struck her, when he had not--intentionally at least? Or with what, since no thought ofthe camera had come up as yet.
At the lake, after definite measurements by the county surveyor as to the distance from the spot where Robertahad drowned to the spot where Clyde had landed, Earl Newcomb suddenly returning to Mason with an importantdiscovery. For under a log not so far from the spot at which Clyde had stood to remove his wet clothes, the tripodhe had hidden, a little rusty and damp, but of sufficient weight, as Mason and all these others were now ready tobelieve, to have delivered the blow upon Roberta's skull which had felled her and so make it possible for him tocarry her to the boat and later drown her. Yet, confronted with this and turning paler than before, Clyde denyingthat he had a camera or a tripod with him, although Mason was instantly deciding that he would re-question allwitnesses to find out whether any recalled seeing a tripod or camera in Clyde's possession.
And before the close of this same day learning from the guide who had driven Clyde and Roberta over, as well asthe boatman who had seen Clyde drop his bag into the boat, and a young waitress at Grass Lake who had seen Clyde and Roberta going out from the inn to the station on the morning of their departure from Grass Lake, thatall now recalled a "yellow bundle of sticks," fastened to his bag which must have been the very tripod.
And then Burton Burleigh deciding that it might not really have been the tripod, after all with which he hadstruck her but possibly and even probably the somewhat heavier body of the camera itself, since an edge of itwould explain the wound on the top of the head and the flat surface would explain the general wounds on herface. And because of this conclusion, without any knowledge on the part of Clyde, however, Mason securingdivers from among the woodsmen of the region and setting them to diving in the immediate vicinity of the spotwhere Roberta's body had been found, with the result that after an entire day's diving on the part of six--andbecause of a promised and substantial reward, one Jack Bogart arose with the very camera which Clyde, as theboat had turned over, had let fall. Worse, after examination it proved to contain a roll of films, which upon beingsubmitted to an expert chemist for development, showed finally to be a series of pictures of Roberta, made onshore--one sitting on a log, a second posed by the side of the boat on shore, a third reaching up toward thebranches of a tree--all very dim and water-soaked but still decipherable. And the exact measurements of thebroadest side of the camera corresponding in a general way to the length and breadth of the wounds uponRoberta's face, which caused it now to seem positive that they had discovered the implement wherewith Clydehad delivered the blows.
Yet no trace of blood upon the camera itself. And none upon the side or bottom of the boat, which had beenbrought to Bridgeburg for examination. And none upon the rug which had lain in the bottom of the boat.
In Burton Burleigh there existed as sly a person as might have been found in a score of such backwoods countiesas this, and soon he found himself meditating on how easy it would be, supposing irrefragable evidence werenecessary, for him or any one to cut a finger and let it bleed on the rug or the side of the boat or the edge of thecamera. Also, how easy to take from the head of Roberta two or three hairs and thread them between the sides ofthe camera, or about the rowlock to which her veil had been attached. And after due and secret meditation, heactually deciding to visit the Lutz Brothers morgue and secure a few threads of Roberta's hair. For he himselfwas convinced that Clyde had murdered the girl in cold blood. And for want of a bit of incriminating proof, wassuch a young, silent, vain crook as this to be allowed to escape? Not if he himself had to twine the hairs about therowlock or inside the lid of the camera, and then call Mason's attention to them as something overlooked
And in consequence, upon the same day that Heit and Mason were personally re-measuring the wounds uponRoberta's face and head, Burleigh slyly threading two of Roberta's hairs in between the door and the lens of thecamera, so that Mason and Heit a little while later unexpectedly coming upon them, and wondering why they hadnot seen them before--nevertheless accepting them immediately as conclusive evidence of Clyde's guilt. Indeed,Mason thereupon announcing that in so far as he was concerned, his case was complete. He had truly traced outevery step in this crime and if need be was prepared to go to trial on the morrow.
Yet, because of the very completeness of the testimony, deciding for the present, at least, not to say anything inconnection with the camera--to seal, if possible, the mouth of every one who knew. For, assuming that Clydepersisted in denying that he had carried a camera, or that his own lawyer should be unaware of the existence ofsuch evidence, then how damning in court, and out of a clear sky, to produce this camera, these photographs ofRoberta made by him, and the proof that the very measurements of one side of the camera coincided with thesize of the wounds upon her face! How complete! How incriminating
Also since he personally having gathered the testimony was the one best fitted to present it, he decided tocommunicate with the governor of the state for the purpose of obtaining a special term of the Supreme Court forthis district, with its accompanying special session of the local grand jury, which would then be subject to his callat any time. For with this granted, he would be able to impanel a grand jury and in the event of a true bill beingreturned against Clyde, then within a month or six weeks, proceed to trial. Strictly to himself, however, he keptthe fact that in view of his own approaching nomination in the ensuing November election this should all provemost opportune, since in the absence of any such special term the case could not possibly be tried before thesucceeding regular January term of the Supreme Court, by which time he would be out of office and althoughpossibly elected to the local judgeship still not able to try the case in person. And in view of the state of publicopinion, which was most bitterly and vigorously anti-Clyde, a quick trial would seem fair and logical to everyone in this local world. For why delay? Why permit such a criminal to sit about and speculate on some plan ofescape? And especially when his trial by him, Mason, was certain to rebound to his legal and political and socialfame the country over.