Erle Gardner - The Case of the Runaway

“Why not?” Mason asked, grinning. “After all, I’m supposed to represent my clients. Then again you’re not my grandmother.”

Vandling said, “If I can convict your client of this murder, Mason, and I think she’s guilty, I’m going to do it. If you can get her released you’re going to do it. Those things are understood. Otherwise I’m willing to ride along with you.”

Mason said, “I’m accepting your assurance that you don’t want to convict her unless she’s guilty.”

“I don’t.”

“How about riding along and doing some exploring to find out who is guilty?”

“That’s okay by me,” Vandling said. “I told you I was going to take a chance on you, Mason. I’ll co-operate.”

“Here we go,” Mason said. “Here comes the judge.”

Judge Siler entered the courtroom, the bailiff pounded the court to order, the spectators were seated and Mason, leaning across to Vandling, said. “Call Mabel Norge as your next witness. See what she has to say.”

“Will she jerk the rug out from under me?”

The rug’s already been jerked out from under you,” Mason told him. “You’re in the air. It’s just a question of what you fall on that’s going to count.”

“I’d like to fall on my feet.” Vandling said.

“Try calling Mabel Norge.”

Vandling regarded Mason for a moment, then said, “If the Court please, I want to recall Dr. Renault, but I would like to interrupt his testimony for a moment to call another witness.”

“No objection on the part of the defense,” Mason said

Judge Siler merely nodded.

“Call Mabel Norge,” Vandling said.

Mabel Norge reluctantly arose, bent over for a few final words with an attorney who was seated next to her, then marched up to the witness stand and was sworn.

“You were employed by Edward Davenport during his lifetime?” Vandling asked.

“Yes, sir.”

“When did you see him last?”

“On the eleventh.”

“That was Sunday?”

“Yes, sir.”

“And where did you see him?”

“In Paradise.”

“And after that what happened?”

“Mr. Davenport was driving to Los Angeles. He left Paradise around noon and intended to drive as far as Fresno that evening.”

“Did Mr. Davenport leave you any final instructions when he left?”

“I don’t know what you mean by final instructions,” she said, hurrying her speech as an indication she was trying to get her story in before she was stopped either by Court or counsel. “Mr. Davenport had left me instructions that in the event of his death I was to see that the contents of an envelope were delivered to the authorities. He told me that his wife was trying to poison him and—”

“Just a minute,” Judge Siler said.

“Yes,” Vandling observed. “What Mr. Davenport may have told you would not be binding on the defendant, unless, of course, the defendant was present at the time.”

“We have no objection,” Mason said. “Let’s get the conversation into the record.”

“For what purpose?” Judge Siler said. “It would be hearsay.”

“I’m not certain,” Mason said, “but that it might come within one of the exceptions to the rule of hearsay evidence. I have no objection.”

Judge Siler hesitated.

“Well,” Vandling said, “I’ll get at it this way, Your Honor. Prior to the last time you saw Mr. Davenport, had he given you an envelope?”

“He had. Yes, sir.”

“And what did you do with that envelope?”

“I placed it in a lockbox in my desk.”

“And did Mr. Davenport give you any instructions in connection with that envelope?”

“Yes, sir. He said that his wife was trying to poison him and that in the event of his death I was to turn this envelope over to the authorities, that his wife had poisoned her cousin and that”

“Now certainly,” Judge Siler said, “this is hearsay.”

“It might be part of the res gestae ,” Mason said.

“ Res gestae of what?” Judge Siler asked caustically. “This is a most peculiar situation. Counsel for the defendant seems not only willing but anxious to permit the introduction of hearsay evidence damaging to his client, evidence which the Court cannot take into consideration in the case. The Court won’t consider any further evidence as to conversations which took place between the witness and the decedent unless it can be shown that it was in the presence of the defendant.”

“I’d like to cross-examine on it,” Mason said.

Judge Siler shook his head. “The Court is not going to permit the record to be cluttered up with hearsay evidence whether counsel desires it or not. After all, there are certain rules of evidence. The Court thinks that counsel should object to evidence detrimental to his client which is plainly improper as being hearsay.”

“Thank you, Your Honor.” Mason said.

Vandling glanced at Mason.

Mason grinned back.

“You agreed with Mr. Davenport that you would do certain things in connection with this property upon the happening of certain events?” Vandling continued.

She hesitated a moment, then said, “I don’t think I have to answer that question.”

“Why not?”

An attorney arose from the back of the courtroom. “If the Court please,” he said, “I am representing Miss Norge. I am willing to state certain matters to assist in helping clear up a murder case. I am willing to suggest ideas which we may treat as potential facts, but which my client will not admit under oath.

“I suggest that it may be a fact that Miss Norge, a loyal, competent secretary, was given instructions to do certain things, thinking that by so doing she was helping consummate a mining deal which was of the greatest importance to Edward Davenport.”

“That upon learning of the death of her employer she tried to carry out the last instructions he had given her, but later, having communicated with the district attorney of the county in which she resided, she was advised that under the law all property belonging to the Davenport estate must be impounded for probate.

“Since she felt the widow, who is the defendant in this action, was hostile to her employer’s interests and had poisoned him—please understand I am only relating her sincere feelings which are not evidence in this case—her attitude toward the widow and the widow’s attorneys was non-cooperative.

“Technically some of the things she might have done might have been contrary to statute. I therefore advise her not to answer that question.”

Vandling pursed his lips. “On Monday, the twelfth, you went to the bank at Paradise and made some deposits?”

“I did.”

“And some withdrawals?”

“I did.”

“The withdrawals were in the form of cash?’

“They were.”

“And where is that cash now?”

“My attorney has placed it in a safe-deposit box.”

“Do you claim that cash?”

“I certainly do not.”

“Who owns that?”

“It is a part of Mr. Davenport’s estate, I may state that each deposit that I made and each withdrawal that I made was in accordance with his specific instructions.”

Vandling glanced at Mason.

Mason shook his head.

“That’s all,” Vandling said. “Any cross-examination?”

“Yes,” Mason said. “You have said that everything you did was under instructions given you by Mr. Davenport.”

“That is right.”

“And didn’t Mr. Davenport advise you to take this cash to San Bernardino?”

“Yes.”

“And to await instructions at the Antlers Hotel there?”

“Yes.”

“And to register under the name of Mabel Davenport?”

“Yes.”

“And didn’t he advise you that you were to turn this cash over to a certain party no matter what might happen or who might try to stop you or on what ground?”