The case of the negligen.., p.6
The Case of the Negligent Nymph,
p.6
“Fine,” Mason told her.
“Let me know when you’re ready,” the matron said, and withdrew out of earshot.
Dorothy Fenner raised her head and surveyed Mason through the screen with incredulous eyes.
She looked back over her shoulder to make certain no one was within earshot and then said in a low voice, “Why … why didn’t you tell me?”
Mason said, “Can’t you appreciate my position? You were committing an illegal act.”
“What are you going to do now?”
“The first thing I’m going to do,” Mason said, “is get you out on bail, but I want to know exactly what happened.”
She said, “I guess I was a little fool, Mr. Mason. I didn’t do what you told me to. I had a bear by the tail, but I wasn’t ready to go to George Alder. I thought I’d talk with Pete Cadiz about finding the bottle. I wanted time to think things over.”
“So what did you do?”
She said, “I concealed that bottle where I thought it would never be found.”
“Where?”
“In the fresh water tank on my yacht. I unscrewed the cleaning plug on the drinking water tank and put the bottle inside.”
“Then what?”
“Then I went ashore to take the interurban for town, feeling very satisfied with myself.”
“You have an automobile?”
“No. My one extravagance is the yacht. I love yachting. On the whole it costs me a lot less to keep this yacht than it would a car, and … ”
“Okay,” Mason interrupted, “what happened?”
She said, “I stopped in at a little restaurant for breakfast yesterday morning, read the papers, and learned about what Alder was saying. That someone had broken into his house and taken fifty thousand dollars in gems and—well, suddenly I realized that he had me. He’d been smart enough not to say anything at all about losing the bottle with the letter in it, but simply claimed that I’d broken in in order to steal jewels. And, of course, like a little simp, not intending to get caught in any such mess, I had left myself wide open. And then I realized that you were my only hope because you—of course I didn’t know who you were at the time—could swear I hadn’t taken any jewels from the house.”
“So what did you do?” Mason asked.
“Well,” she said, “at that late date I decided to follow your advice. I went back to the yacht, deciding that I’d get this bottle with the letter and … ”
“You’d put the letter back into the bottle?”
“Yes. Just the way I found it. Corked and all.”
“All right, what happened?”
“Well, when I went back to the yacht the bottle was gone. I was absolutely thunderstruck. I couldn’t believe it possible. I searched and searched, and then I pumped every blessed bit of water out of that water tank and looked in it with the flashlight. That bottle simply had disappeared.”
Mason said, “You’re dealing with a shrewd individual, Dorothy. He knew who had the bottle. He simply waited until you had gone ashore, and then he went aboard and started searching the yacht. Evidently he’s a pretty good yachtsman and as such figured out the places where something like that could be hidden. So now he has the bottle and the letter and has enough evidence against you so he can convict you of breaking into his house. Is that right?”
“I guess so, yes … I … I suppose I must have left fingerprints. Like a ninny I didn’t wear gloves … oh, what a mess it is.”
Mason nodded.
“Well,” she said, “there’s one thing. You can back up my story and now we can tell the truth. Oh, I’m so relieved, so glad to see you, Mr. Mason. I wondered how I was ever going to get in touch with the only man in the world who could show that I hadn’t taken those jewels … ”
“Take it easy,” Mason said. “You can’t handle it that way.”
“Why not?”
“Because if we tell that story now, it’s going to look like an attempt to fabricate evidence so we can try and build up a case against Alder. Everyone will laugh at us for not thinking up a better lie than that.
“Furthermore, when I put myself in the position of being interested in the letter that was in that bottle, and then letting you take it and put it in the water tank where someone could come and steal it, and all we can show is a typewritten copy of what we claim the letter was … No, my dear, I’m afraid we can’t do that.”
“Then what can we do?”
Mason grinned, and said, “Ever hear the story about the American who went to the foreign country and got into trouble with one of the slick businessmen there?”
“No, what about it?”
Mason said, “It’s a legal classic. The businessman sued the American for a large sum of money which he claimed he had loaned the American with which to start a business venture. The American went to a lawyer, complained bitterly, and wanted to go on the stand and swear that it was a complete falsehood.
“The attorney carefully listened to the American’s story, smiled benignly and said he would fix things all up.
“Imagine the American’s surprise when the case came up in the foreign court. The businessman got on the stand and swore that he had loaned the American this sum of money and then called five witnesses; two of them swore that they had seen the money loaned to the American, and three of them testified that the American had told them about having borrowed the money from this foreign businessman and hoped to be able to pay it back out of profits.”
“What happened?” she asked, interested.
“The American’s lawyer didn’t even cross-examine the witnesses, and the American almost had a fit,” Mason said. “His lawyer explained to him that in this country it was rather easy to get witnesses to commit perjury for a reasonable consideration. The American saw ruination staring him in the face. Then it came his turn to put on his defense and his lawyer urbanely called seven witnesses, each of whom stated that he knew that the American had borrowed money from this businessman, but that he had been present in the room when the American had paid it back, every cent of it.”
A wan smile twisted her lips. “And what’s the moral of that story, Mr. Mason?”
“It isn’t a moral, it’s an ‘immoral,’ “ Mason told her. “It means that there are times when you have to fight the devil with fire.”
“So what do we do?”
“At the moment it’s what we don’t do. We don’t go rushing into court and say anything about the bottle. We don’t show the copy of the letter that we made. I do wish we’d had a camera so that we could have photographed that document. Then we’d have been in an entirely different position. But we didn’t have, so there you are, or rather, here you are.”
“But, Mr. Mason, don’t you see what he’s done? He’s—why, if we let him get away with that, if he can put us in that position, I’ve lost my evidence, I can’t ever say anything about it later on, and—and, good lord, I did break into his house and he could have me convicted of a felony and … ”
“You leave it to me,” Mason said. “I’m not too certain but what your friend, George S. Alder, may get something of a shock when he learns that I’m going to represent you. Keep a stiff upper lip, Dorothy, and you may be out of here by dinnertime.”
“By dinnertime, Mr. Mason? Why, even if a judge made an order admitting me to bail, my financial resources are … ”
Mason said, “I have quite a bit at stake myself. If it hadn’t been for … oh well, you see now how it was. I couldn’t possibly have done anything there Saturday night without making it appear that we’d been engaged in some sort of a scheme, either to concoct or steal evidence, and either would have been bad for me.”
“Oh, if I’d only gone to Alder, the way you told me to. But I thought I knew more. If I’d only known who you were, I’d have taken your advice unquestioningly.”
“Well,” Mason said, “we’re in it now, and we’ll see it through.”
“What are you going to do?”
Mason said, “I’m going to use a little ingenuity for one thing, and perhaps a little bluff. The first thing you’re going to do is to get out on bail. The next thing we’re going to do is to sue George S. Alder, and serve notice that we want to take his deposition. And then we’re going to have him worried.”
“But can you do all that?” she asked. “We can try,” Mason said. “Keep your chin up, Dorothy. I’ll be seeing you later.”
Mason motioned to the matron the interview was over.
Chapter 5
Judge Lankershim listened patiently to the concluding arguments of a long-winded lawyer, said, “The demurrer is overruled. Ten days to answer.”
He glanced at the clock, said, “That winds up the calendar. Now we have a matter which I have continued until this time. It involves the question of bail in the case of People versus Fenner.”
Vincent Colton said, “We’re ready to discuss the matter for the prosecution, Your Honor.”
Judge Lankershim said, “Mr. Jackson, of Mr. Mason’s office, was … Oh, I see Mr. Mason is here himself. Are you ready to proceed, Mr. Mason?”
“Yes, Your Honor.”
“Now, what seems to be the trouble?” Judge Lankershim asked. “Apparently a young woman is charged with theft. As I gathered the situation from Mr. Jackson, any attempt at escape on her part would be exceedingly unlikely. She has money in the bank, owns a yacht, and … ”
“And the money in the bank could be drawn out overnight,” Colton snapped. “The yacht is an old, small boat, of very questionable value. This young woman has no previous criminal record, so far as I know, but the fact remains that she did enter this dwelling house during the nighttime, mingled with the guests at a dinner party, and stole some fifty thousand dollars worth of jewelry. To permit her to go free on a nominal bail would simply enable her to put up the five or ten thousand dollars bail, sell the jewelry, and be forty thousand dollars to the good.”
“Nonsense,” Mason said.
“Just a minute, Mr. Mason,” Judge Lankershim interposed. “You’ll have an opportunity to state your case. Go on, Mr. Deputy District Attorney.”
“That about covers the situation,” Colton said. “Our office feels that this is a case where bail should be at least as high as the property that was taken.”
“None of this property has been recovered by the police?”
“No, Your Honor.”
Judge Lankershim thought for a moment, then glanced over his glasses at Perry Mason. “Well, Mr. Mason, what’s the situation from your viewpoint? I think I have most of your views. Mr. Jackson made a rather complete presentation of the case when I was approached in chambers. Mr. Colton said he wanted time to correlate some other evidence.”
Mason said, “In the first place, I don’t think fifty thousand dollars worth of jewelry was taken. I don’t think any jewelry was taken.”
“I see,” Colton said sarcastically. “Mr. Alder, a very reputable and established citizen, is going around hurling false charges at innocent persons. Is that your contention?”
“You might be surprised,” Mason said, “to know that it is. I’d just like to have Mr. Alder make a list of the articles of jewelry which he claims were taken.”
“I’ve told him to prepare such a list,” Colton said.
“And then submit it to you?”
“Yes.”
“Under oath?”
“That’s not necessary. He’ll give his testimony when he gets to court.”
“Where is he now?”
“In my office, making out the list.”
Mason said, “How long do you suppose it’s going to take him to make it out?”
“Well, there were quite a few items.”
“I’d just like to know some of the items,” Mason said. “I’d like to have him definitely show where he gets this figure of fifty thousand dollars.”
“He’ll show it at the proper time.”
“The proper time is right now, if he’s going to try to prevent this young woman from being admitted to a reasonable bail.”
Mason turned and addressed himself to the judge. “Your Honor, here is a young woman of position and refinement, and I think if you could see her you would appreciate immediately that there certainly must be some misunderstanding. I haven’t as yet talked with her enough to know about all the facts of the defense. I understand that the only evidence which connects her with the crime is a bath towel, which had her laundry mark on it, on the premises.
“Obviously, any person who would steal fifty thousand dollars worth of jewelry could steal a bath towel. I also doubt very much if any such amount of jewelry was taken. I think that the victim made a hurried guess to the police officers and I venture to say that if Mr. Colton would get his office on the phone right now he’d find that Mr. Alder is not only having exceedingly great difficulty in preparing such a list, but that he can’t even list any jewelry which has been taken.”
“Oh, that’s absurd,” Colton said.
Mason said, “What’s the use of bothering with a lot of affidavits? We have the judge here on the bench, ready to hear the matter. If, as you say, Alder is in your office at the present time, why not have him take the elevator and come to court?”
“And if he says fifty thousand dollars worth of jewelry was taken you’ll agree to a fifty thousand dollar bail?” Colton asked.
Mason said, “Put your man right on that witness stand. Ask him the question under oath. Give me an opportunity to ask a question or two on cross-examination to clarify the situation. If he then says fifty thousand dollars worth of jewelry was taken, I’ll submit that the bail should be fifty thousand dollars. Let’s also have it agreed that if he says ten thousand dollars worth of jewelry was taken the bail will be ten thousand, and, if he says one thousand dollars worth of jewelry was taken, the bail will be one thousand dollars, and, if he says no jewelry was taken, the defendant can be released on her own recognizance.”
“If he says no jewelry whatever was taken,” Colton said grimly, “I’ll not only let the defendant be released on her own recognizance, I’ll dismiss the case.”
“All right, bring him in,” Mason said.
“If I may use the phone, Your Honor.”
“Go ahead. Take the telephone in my chambers,” Judge Lankershim said.
The deputy district attorney went to the judge’s chambers. Judge Lankershim glanced somewhat quizzically over his glasses at Perry Mason. “I see you took the matter over personally, Mr. Mason.”
Mason nodded.
“Your Mr. Jackson made a very able presentation of the law,” Judge Lankershim said.
“I’m glad he did, Your Honor. I’m going to try and make an equally able presentation of the facts.”
Judge Lankershim’s eyes twinkled.
Vincent Colton returned to the courtroom and said, “Mr. Alder will be right up.”
“Did you ask him if he had that list?” Mason asked.
Colton said with dignity, “I told him to bring the list, and he could read it into evidence.”
Mason said, “I want the court reporter to report this testimony.”
“It will be reported,” the court reporter said.
“And I want a transcript.”
“I’ll take a copy,” Colton snapped.
They waited a few moments, and then the door opened and a spare, tight-lipped man in a double-breasted gray business suit walked into the courtroom with an air of quiet, competent authority.
“George S. Alder,” Colton announced. “Just come forward and be sworn, and take the stand, Mr. Alder.”
Alder, his keen gray eyes from underneath level brows glancing around the courtroom, then coming to rest somewhat curiously on Perry Mason, held up his right hand and was sworn.
“Just sit down there on the witness stand,” Colton said. “You have a list of the jewelry that was taken?”
“I have a very partial list. I find that it’s a little difficult to trust to my memory in these matters. I really would prefer to return home and take a complete inventory in order to make certain.”
“Well, can you tell the Court generally just about the value of the jewelry that was taken?”
“I said approximately fifty thousand dollars, and I see no reason to change that figure,” Alder said, glancing quickly at Perry Mason, then back at Colton.
“You’re quite certain that fifty thousand dollars worth of jewelry was taken?”
“Well,” Alder said, “I, of course, am making an estimate—I haven’t as yet made a complete inventory, and then, of course, it’s a question whether you mean wholesale or retail price. But I would say that approximately fifty thousand dollars in jewelry had been taken.”
“I think that’s all,” Colton said triumphantly.
“Just a couple of questions on cross-examination,” Mason said.
“Very well. Go ahead, Mr. Mason,” Judge Lankershim said. “This seems to be a routine matter and we’re making quite a fuss about it. Let’s try and get the matter disposed of. It seems to me that fifty thousand dollars bail is rather high, but if that amount was taken—and, of course, that’s the stipulation which counsel entered into.”
“Quite right,” Mason said, “I’m willing to be bound by my bargain, but I do want to ask a couple of questions.”
“Go ahead,” Judge Lankershim said, glancing at the clock.
“This jewelry insured?” Mason asked casually.
“What does that have to do with it?” Colton asked.
“Simply this,” Mason said, “that if the jewelry is insured there will then be an inventory, together with values, attached to the insurance policy, and this might refresh Mr. Alder’s recollection.”
“Oh, I see. No objection.”
Alder said, “Most of my jewelry is insured, yes.”
“Don’t you carry a general all-purpose insurance policy with complete coverage on everything?”
“Come to think of it, I believe I do, but the jewelry under that policy is ten per cent of the amount of the policy, I think.”
“And what’s the amount of the policy?”
“A hundred thousand dollars.”
“All right, there’s ten thousand dollars worth of jewelry. Then you have another insurance policy specifically on your jewelry?”












