Эрл Гарднер - The Case of the Stepdaughter’s Secret

“Kelsey thought that Gilly had double-crossed him in connection with the three thousand dollars. After hearing Gilly’s story on the yacht he thought that Gilly had again double-crossed him in that Mrs Bancroft had given him a large sum of money before she had pulled the gun on him.

“The Court will remember that the jar of the yacht running aground was sufficient to throw Mrs Bancroft off balance and cause her to pull the trigger of the gun. It is only natural to assume that Gilly was also thrown off balance, and after having been shot at, had the presence of mind to lie still so that he wouldn’t be shot at again.

“Kelsey accused Gilly of double-crossing him. He had the gun, which had not fallen overboard at all but had remained where it had dropped on the deck. He used that gun to kill Gilly in cold blood, and then searched him for the money which he thought Gilly would have. He was disappointed and surprised to find that Gilly didn’t have it.

“He then left the yacht, rowed ashore, got in the car he had borrowed or stolen, returned to the back door of the Ajax-Delsey Apartments, went to Gilly’s apartment and there carefully fabricated the evidence which indicated Gilly’s last meal had been consumed in the apartment before he went to the yacht club. In that way he was able to cause the coroner’s office to believe death had occurred several hours earlier.”

Judge Hobart looked at the cringing Kelsey, said to the sheriff, “Search that man. Let’s see if he has bills in his possession, the numbers of which coincide with this list which Mr Mason has just handed me.”

Ten minutes later when Judge Hobart, assisted by the district attorney, had carefully checked the numbers of the bills found in Kelsey’s wallet, Judge Hobart said, “These numbers check, Mr Mason. I take it, Mr Hastings, that a motion to dismiss the case against Mrs Bancroft is in order.”

“I make that motion now,” Hastings said somewhat sheepishly.

“Now, I want to say something,” Kelsey said.

“Anything you say can be used against you,” Judge Hobart said. “You don’t have to make any statement. If you do make any statement it is to be made freely and voluntarily and can be used against you.”

“I know what the score is,” Kelsey said wearily. “I just want to state that Mr Mason had it all doped out except one thing. I actually shot Gilly in self-defence. I accused him of cheating, accused him of lying and accused him of having made a shake-down that I knew nothing about.

“He denied the accusation and I told him I intended to search him. I started for him and he grabbed a knife, which he had evidently taken from the galley, and came for me. I shot him.”

“Then what did you do?” Judge Hobart asked.

“I searched him for money. I didn’t find as much as I thought I was going to find but I did find what was left of the thousand dollars that he had secured from Mrs Bancroft earlier. He was a complete double-crosser and a heel and when he knew I was going to discover what he had done he tried to kill me.”

“What did you do with the gun?” Judge Hobart asked.

“I took that gun and concealed it where it wouldn’t be found. Later on when I learned the story Mrs Bancroft had told the press I reloaded one chamber in that gun and tossed away the empty cartridge. I got a skin-diver’s outfit, went down, located the purse, took out the money, planted the gun near the purse. I felt that under the circumstances I was entitled to that money. It had been my brains that had enabled Gilly to cash in on the idea.”

Judge Hobart turned to Mason. “What happened to the bullet that Mrs Bancroft fired?”

“There was only one thing that could have happened to it,” Mason said. “It missed Gilly when he stumbled forward, probably missing him by a scant half-inch, went past his head and out through the open door of the cabin. Remember that Gilly had been raising the anchor, that he had the motor started, that he threw the clutch into gear as he started back and then entered the cabin. The side door must have been open. The bullet Mrs Bancroft fired must have gone through that door.”

Judge Hobart frowned thoughtfully. “This has been a most interesting and a most significant case,” he said. “The defendant is to be congratulated upon the strategy by which her counsel trapped the real murderer.

“Now may I ask, as a matter of information, whether it is true that the witness, Drew Kirby, was mistaken as to the identity of the man who was with Mrs Bancroft earlier on the evening of the tenth?”

“He was mistaken,” Mason said, “and that person was actually Irwin Victor Fordyce.”

“And what has happened to Fordyce?” Judge Hobart asked.

“He was either murdered,” Mason said, “or he has seen fit to disappear in order to keep himself out of circulation.”

Harlow Bancroft arose. “May I make a statement, if the Court please?”

“Go ahead,” Judge Hobart said.

“I think Irwin Fordyce disappeared because he knew the police were looking for him in connection with a service station holdup. I think he felt that he had two strikes against him because of a previous conviction.

“I want to take this opportunity to state publicly that we can all of us make mistakes. I have made my own mistakes. At one time in my irresponsible youth, I stole an automobile and served a term in the penitentiary for stealing that automobile. I have since lived that down and tried to make good. I want to state publicly here and now that if Irwin Fordyce will surrender himself I will see to it that he has a fair trial and the best legal brains that money can buy. I will pay Mr Mason’s fee to defend him, and if he is guilty of the service station holdup, he has to pay the penalty. If he isn’t guilty of the service station holdup, I am going to see that he is acquitted and if he is acquitted I am going to see that he has a responsible position in one of my companies and that he has an opportunity to work up.”

Newspaper photographers crowded forward with flashguns blazing intermittently.

Judge Hobart smiled slightly and said, “I am glad you made that statement, Mr Bancroft. That was spoken like a man and I feel certain that in the years to come you will be glad you have said what you have just stated.

“And as far as your comments about the best legal brains that money can buy, I think the outcome of this case speaks for itself.

“The defendant is released from custody. Mr Kelsey is in the hands of the sheriff. The Court will impound this money found on him as evidence and court is now adjourned.”

Mason, Della Street, Paul Drake, Harlow Bancroft, Phyllis Bancroft and Rosena Andrews gathered in Mason’s office.

Mrs Bancroft said tearfully, “I can’t ever tell you how much what you have done means to me, Mr Mason.”

Bancroft, pulling out a chequebook, said, “I can’t tell you in words but I am going to try and write it on a cheque.”

Mason said, “I am glad, Bancroft, that you had the nerve, the decision and the manhood to stand up and make the statement you did in open court. You will find now that life is a lot better and a lot more livable as far as you are concerned.”

Mason came around the desk. “I am going to shake hands with you,” he said. “It is a pleasure to shake hands with a real man.”

The lawyer shook hands with Bancroft.

Rosena impulsively kissed the lawyer and then Phyllis Bancroft kissed him on the other cheek.

Mason, with lipstick on both cheeks, glanced with a smile at Della Street.

Della gently pursed her lips.

“We may as well make it unanimous,” she said.