Erle Gardner - The Case of the Troubled Trustee

"Call Miss Desere Ellis to the stand," Bailey said, in the manner of one making a dramatic announcement.

Desere Ellis came forward, her manner subdued, her eyes purposely avoiding those of Kerry Dutton.

She took the oath, seated herself on the stand, and faced the prosecutor with the manner of a courageous woman who is facing an ordeal and is determined to be brave.

Under skillful questioning by Bailey she told about her father's death, the reading of the will, the initial conversations with the defendant about the trust.

"Now then," Bailey said, "when did the defendant make his first accounting under the trust?"

"He never made any accounting."

"Never-made-any-accounting?" Bailey repeated.

"No, sir, no formal accounting."

"Well, were there any other accountings, any informal accountings?"

"Well, he discussed, from time to time, the securities which he had sold in order to give me my allowance."

"And did he make any comments at that time in regard to the principal of the trust?"

"He said at one time that he had sold nearly all of the securities which my father had left."

"Thereby giving you the impression that there would be no funds available to you after the termination of the trust?"

"I had that impression, yes."

"Did the defendant, at any time, tell you that there was a large sum of money in the trust which he would have to pay over to you or to which you would be entitled on the termination of the trust period?"

She shifted her position on the witness stand, started to glance at Dutton, then lowered her eyes.

"No," she said.

"Did he ever tell you he had sold your Steer Ridge stock at a dollar a share, then, later on, purchased a similar block of Steer Ridge stock in his own name at from ten to fifteen cents a share?"

"No."

"Did he tell you he had made this purchase only a few days before the stock had skyrocketed in value?"

"No."

"Did he tell you he had secured inside information that Steer Ridge was drilling in a most promising formation?"

"No."

"Did you have any reason to believe your Steer Ridge stock had been sold?"

"No."

"The defendant never told you so?"

"No."

Bailey said to Perry Mason, "Cross-examine."

Mason arose and approached the witness, his manner courteous, pausing when he was some five steps from the witness stand, waiting until she raised her eyes to his.

Mason said in a kindly voice, "You had the impression that your trust funds would be exhausted when the time came to terminate the trust?"

"Yes."

"That was an impression you had in your mind?"

"Yes."

"Now then," Mason said, holding up his left index finger, "please follow this question very closely. Are you prepared to do so?"

"Yes, sir," she said, her eyes on his finger.

Mason moved the finger, slowly, beating time to the words, "Did you get this impression from your own thinking, or did the defendant ever tell you in so many words that the trust fund would be exhausted at the time the trust terminated? "

"I… I had that impression."

"I know you did," Mason said, "and it is quite possible that the defendant knew you did, but I am asking now if the defendant ever told you in so many words definitely, positively, that the trust fund would be exhausted at the time the trust terminated?"

"I can't remember his ever having said that."

"That's all," Mason said.

"Just one more question on redirect," Bailey said. "Did the defendant ever tell you in so many words, Miss Ellis, that there would be a large sum of money coming to you on the termination of your trust?"

"No, sir," she said, promptly.

"That's all," Bailey said.

"Just one more question on recross?" Mason asked. "Miss Ellis, did you ever ask the defendant?"

"No, I can't remember doing that."

"In other words, you took the situation for granted?"

"Yes."

"That's all," Mason said.

Bailey was again on his feet, "I'm going to ask one more question on redirect. Isn't it a fact that the defendant was fully aware of your feeling that the trust fund would be exhausted?"

"Objected to," Mason said, "as calling for a conclusion of the witness."

"All right, all right, if I have to do it the long way around, I'll do it the long way around," Bailey said in exasperation. "Isn't it a fact that the defendant let you know by his own words that he understood you felt the termination of the trust would leave you with no funds?"

"Objected to as calling for a conclusion of the witness and on the further ground that it is leading and suggestive."

"It's redirect examination," Bailey said.

"I don't care what it is," Mason said. "A man has no more right to lead his witness on redirect than he does on direct. Furthermore, this calls for a conclusion of the witness as to what the defendant said. Let's have a question calling for the defendant's exact words."

Bailey waved his hands in a gesture of dismissal. "I think the jury understands the situation. I'm not going to bicker with counsel. That's all, Miss Ellis."

Mason smiled. " That's all."

"I'll call Mrs. Rosanna Hedley to the stand," Bailey said.

Mrs. Hedley assumed her position on the witness stand with a very visible chip on her shoulder. She didn't intend to be confused by any attorney.

"Did you ever hear a conversation between Desere Ellis and the defendant in which she asked him about the condition of the trust funds?" Bailey asked.

"Yes, sir."

"Do you remember when that was?"

"I remember exactly when it was. That was on the fourth day of July, on the evening of the fourth of July."

"Who was present?"

"My son was present, that is, he had been present."

"And by your son, you mean Fred Hedley?"

"That's right," she said. "Fred Hedley, the artist."

Bailey smiled almost imperceptibly. "Exactly," he said. "Was Fred there at the time of this conversation?"

"No, he had left the room."

"Then who was present?"

"Just Miss Ellis, the defendant, and myself."

"And what did Miss Ellis say?"

"She asked the defendant how the trust was coming what she could count on."

"And what did the defendant say in response to the question?"

"He told her that he thought the trust funds would last Out the duration of the trust, letting her have the same allowance she'd been having."

"Move to strike the answer," Mason said, "as not being responsive to the question and as being a conclusion of the witness. The witness should state the exact words used by the defendant as nearly as she can recollect."

"The motion is granted. The answer will go out. The witness will answer the question as to exactly what the defendant said."

"You mean I have to give his exact words?" Mrs Hedley asked.

"As nearly as you can," Judge Alvarado explained, not unkindly. "When you give your impression of his words, you are not giving the exact words but a conclusion you drew from the conversation. Can you remember exactly what he said?"

"Well, as nearly as I can remember, he said, with one of those oily smiles, 'Don't worry, Desere, there will be money enough in the trust fund to keep your allowance until the trust expires.'

"Cross-examine," Bailey snapped.

Mason smiled. "His smile was oily, Mrs. Hedley?"

"Oily," she repeated.

"What do you mean by an oily smile?" Mason asked.

"You know what I mean, a smirk, a simper."

"Greasy?" Mason asked.

"Oily!" she snapped.

"That gives a pretty good picture of your feeling for the defendant, does it not?" Mason asked.

"A feeling which events have amply justified," she said acidly.

"Now then," Mason said, "he told her there would be enough money to last Out the trust?"