Erle Gardner - The Case of the Troubled Trustee

"Yes."

"In other words," Mason said, "he was predicting the future. We might have had another crash in the security market."

"Yes," she said, "the world might have come to an end."

"And there was enough money in the trust to carry through Desere's allowance to the end of the trust, was there not?" Mason said.

"That much and nearly two hundred and fifty thousand more."

"Then he didn't lie to her, did he?"

"He deceived her."

"But he didn't lie to her."

"Objected to as argumentative, as calling for a conclusion of the witness," Bailey said. "If the defense is going to be technical, I'll be technical."

Mason smiled blandly and said, "I'll withdraw the question. I think the jury has the picture in mind," and sat down.

Bailey called a ballistics expert, who identified the Smith amp; Wesson revolver introduced in evidence as the murder weapon. He then called a firearms dealer who identified the gun as having been sold by him to the defendant, and introduced in evidence the certificate of purchase, bearing the signature of the defendant.

Bailey also introduced maps showing the scene of the murder; photographs of the terrain; of the body, and of the clothes worn by the decedent. He introduced the coat worn by Palmer when the body was discovered and called attention to the fact that the labels had been cut from the garment.

The coronor testified there were no keys, no money, no handkerchief, no knife, nothing in the pockets.

Bailey called Lt. Tragg to the stand. Tragg testified to having been advised of the murder, going to the golf club, inspecting the body and the premises; then looking in the culverts along the road leading from the golf club.

"Why did you do this?" Bailey asked.

"It's a routine police procedure."

"What did you find, if anything?"

"I found this gun, tagged People's Exhibit A-G, in a culvert, one and three-tenths miles from the entrance to the golf club."

"And what did you do with that gun?"

"I traced the registration on it."

"How long did that take you?"

"Only a few minutes after it was found. We ran down the serial number."

"What else did you do, if anything?"

"When we connected the serial number with the defendant, we got the license number of his automobile and put out an all-points bulletin."

"And did that all-points bulletin include certain cities in Mexico?"

"We have an arrangement on important homicide cases by which the Mexican police in Ensenada, Tijuana and Mexicali co-operate with us."

"And what did you find?"

"We found the defendant registered in Ensenada-"

"Just a moment," Mason interrupted. "Is the witness testifying as to what he found or what the Mexican police found? In the latter event, it is hearsay."

"Quite right," Bailey said. "Don't testify to anything you have been told, Lieutenant Tragg."

"Well, then I can't testify to his being in Mexico," Lt. Tragg said with a smile.

"Where did you, personally, find the defendant?"

"At the international border, just outside of Tecate," Tragg said.

"And how did you happen to find him there?"

"The Mexican police pushed him across the line."

"And what did you do?"

"Took him in custody."

"Did you have any conversation with the defendant at that time?"

"Yes."

"Did you tell him that he was accused of murder?"

"I told him that he was wanted for questioning in connection with the murder of Rodger Palmer."

"Did you ask him where he had been at the time the murder was committed or approximately that time?"

"I asked him many questions, and his answer was the same to all of them."

"What was his answer?"

"'I refuse to make any statement until I have consulted my attorney!'"

"That was his answer to all questions?"

"Well, I asked him why, if he had nothing to conceal, he had registered under the name of Frank Kerry in Mexico, and he stated that actually Kerry was his middle name, that Frank was his first name and his full name was Frank Kerry Dutton."

"I see," Bailey said. "Cross-examine."

"Why, no questions at all," Mason said, with a gesture of his hand.

There was a note of triumph in Bailey's voice as he said, "Call Thomas Densmore Fulton to the stand."

Fulton came forward and was sworn.

"What is your occupation?"

"I am a private detective."

"By whom are you employed?"

"Mostly by the Drake Detective Agency."

"On the twenty-first day of September last, by whom were you employed?"

"Paul Drake."

"What were your instructions?"

"To shadow a subject."

"Who was the subject?"

"The defendant, Kerry Dutton."

"And in connection with your duties, did you follow Kerry Dutton anywhere?"

"I did. Yes, sir."

"Where?"

"I followed him to a telephone booth."

"Where was that telephone booth?"

"At a service station on the corner of Figueroa and Boulevard Way."

"Was the service station open or closed?"

"The service station was closed. It was a big service station with quite a bit of parking space, but the telephone booth was open."

"What did you do?"

"I saw the defendant enter the telephone booth and I drove my car from across the street and into the parking station. He dialed a number, then hung up the phone and after a short interval, dialed again. I ran up to the booth as though I were in a hurry to use the telephone."

"What did the defendant do?"

"He motioned me away."

"What did you do?"

"I surreptitiously planted a wire recorder with adhesive tape so that the microphone, which is very sensitive, would pick up sounds within the booth."

"Then what did you do?"

"Returned to my car."

"And what happened after that?"

"The defendant emerged from the telephone booth, jumped in his car and took off."

"What did you do?"

"I tried to follow him."

"Were you able to do so?"

"No, sir."

"Why?"

"The defendant drove like crazy. He went through three or four red lights, through a boulevard stop, nearly had a collision with another car, left me stymied in cross-traffic and got away."

"So, what did you do?"

"I returned to the telephone booth to pick up the wire recorder and see if I had a clue there."

"And you picked up the wire recorder?"

"Yes, sir."

"Then what did you do?"

"I rewound the wire to the starting position and turned the key over to listening and listened to the recording."

"Do you have that wire recorder here?"

"I do."

"If the Court please," Bailey said, "I believe the conversation on the wire recorder is the best evidence. It is not as clear as I would like to have it, but it is, nevertheless, understandable. I have arranged for an amplifier and I would like to have this conversation played directly to the jury."

"No objection," Mason said.

Rather dramatically, Bailey set up the wire recorder, in connection with the amplifier, and turned on the current. A buzzing sound filled the courtroom, then the sound of a man's voice. "Hello, what's new? You know who this is."

There was a brief interval of silence, then the voice said, "I called this other number for instructions; I was told to call you here at this pay station… Yes, I have the five thousand and will pay it over if things are as you represented-if you're acting in good faith."

There was an interval of silence; then the man's voice said, "Give me that place again. The seventh tee at the Barclay Country Club… why in the world pick that sort of a place?… When?… Good heavens, it's nearly that time now… All right. All right! I'll get out there. Yes, I've got a key to the club. I'll be there."

There was an abrupt click as the recording ended.

"That, if the Court and the jury please," Bailey said, "is the termination of the conversation."