Эрл Гарднер - The Case of the Spurious Spinster

“All this was on Saturday, the third?”

“Yes, sir.”

“Now, did you subsequently ascertain whether or not this was true?”

“I ascertained that at least in part it was not true.”

“What did you ascertain was not true?”

“My son did not give her any box or any other receptacle containing any money, and Miss Corning was not at the office. A woman who claimed to be Miss Corning did register at the hotel and the defendant did conspire with this woman to turn over to her—”

“Just a moment,” Mason interrupted, “I object to the word ‘conspire’ as being a conclusion of the witness and ask that it may be stricken.”

“It will go out,” Judge Elmer said. “Just relate the conversation and what happened as you know it.”

“Well,” Campbell said, “I, of course, made arrangements to get in touch with the defendant immediately and to get in touch with this Miss Corning. The person who was posing as Miss Corning promptly disappeared, the defendant showed up with Mr. Mason as her attorney and there was, I may say, a complete lack of cooperation as far as giving me any further information about the shoe box or container — whatever it was — that held a large sum of money.”

“Now then, shortly prior to this time, had you been in touch with Ken Lowry, the decedent?”

“I had, and I also got in touch with him again immediately after this incident.”

“What did you do?”

“I drove to Mojave.”

“And interviewed Mr. Lowry?”

“Yes.”

“This, then, was the second time you had met him personally?”

“Yes. The first time was around noon on Saturday, the third. The second time was nearly one o’clock in the morning on the fourth. That second conference lasted for about an hour.”

“Was there some reason for not having met him prior to the third?”

“I had been instructed to concentrate on the real-estate end of the Corning Company’s activities and not to bother myself with the Mojave mine. I had been particularly instructed to leave this company entirely in the hands of Mr. Lowry.”

“Who gave you those instructions?”

“Miss Corning.”

“How?”

“In a conference over long-distance telephone.”

“Now, you sent some two hundred and seven thousand dollars from the Corning Company to the Mojave Monarch during the past year. Were there any returns from that company?”

“Not directly to the Corning Mining, Smelting & Investment Company, but rather to a subsidiary company. I was advised by Miss Corning that the subsidiary company would make an accounting at the proper time.”

“Now, when you saw Mr. Lowry, did you have any conversation with him about his activities?”

“I did.”

“And what did he tell you with reference to money which had been forwarded by him or what he had done with the money which had been sent him by the Corning Mining Company?”

“Objected to,” Mason said. “Incompetent, irrelevant, and immaterial; not the best evidence; calling for hearsay and for a conversation not within the hearing of the defendant.”

“If the Court please,” Flanders said, “this is part of the res gestae. This discloses the reason that Lowry was murdered. This was an official conversation between an employee of the company and the manager.”

“I don’t care how official it was,” Mason said. “It wasn’t binding on this defendant. Moreover, it is now quite apparent that Lowry wasn’t in the employ of the Corning Company in any way. He was receiving money from the Corning Company and quite apparently from the testimony he was doing something with it other than sending it to the Corning Company.”

“That’s exactly the point I want to prove,” Flanders said.

“Prove it by competent evidence then,” Mason snapped.

“I think the point is well taken,” Judge Elmer said. “I suppose it’s a matter of bookkeeping record, isn’t it?”

“As a matter of fact, it is not,” Flanders said. “It is a peculiar situation and it is because of this situation that Lowry was murdered. We can show by several persons what Lowry did with the money that was received.”

“You can show what he claimed he did with it,” Mason said, “but what he claimed isn’t binding on this defendant.”

“I think I will sustain the objection,” Judge Elmer said.

“Very well,” Flanders said, his manner ostentatiously indicating disappointment, but it was quite evident from Burger’s manner that he had anticipated the ruling.

“Did you have a subsequent conversation that day with Mr. Lowry, a conversation which took place after you left Mojave?”

“I did.”

“What time was that conversation?”

“Around five o’clock in the afternoon.”

“Was that conversation a personal conversation or a telephone conversation?”

“It was over the telephone.”

“What did Mr. Lowry say?”

“He told me that Mr. Mason and his secretary—”

“Now just a minute,” Mason said, “I wish to interpose an objection to that conversation as hearsay, as being incompetent, irrelevant, and immaterial and no proper foundation laid. There is no indication that the defendant was present or that this conversation, in whole or in part, was ever relayed to the defendant.”

“I am referring to a conversation which took place between the decedent and this witness,” Flanders said, “relating to statements which were made by Mr. Mason as attorney for this defendant.”

Judge Elmer shook his head. “Unless you can show that this conversation was communicated to the defendant, or that she was present, or heard the conversation, the objection will be sustained.”

“Very well,” Flanders said. “Now, did you have any conversation with the defendant personally about this shoe box filled with money?”

“I most certainly did.”

“Who was present at that conversation?”

“The defendant, Perry Mason acting as her attorney, and Miss Della Street, Perry Mason’s secretary.”

“And what was said?”

“I told her that there was no shoe box filled with money in the safe at the office as she had advised me was the case.”

“And what did she have to say with reference to that?”

“Nothing, except to insist that my son had given her a shoe box.”

“Your son is how old?”

“Seven years old.”

“His name?”

“Carleton.”

“And when did the defendant tell you the shoe box had been given to her?”

“She said that morning at the office Carleton, accompanied by his governess, Elizabeth Dow, had delivered the shoe box to her; that she had inspected it and found that it was filled with hundred-dollar bills.”

“Cross-examine,” Flanders said.

“You went to the office before this conversation you had with us to search for that shoe box?” Mason asked.

“I did.”

“Why?”

“She told me that my son had given it to her and stated that it was mine. I certainly wanted to investigate, both as a father and as an official of the company.”

“And you were unable to find any such shoe box in the safe?”

“That is right.”

“You opened the safe to look?”

“Yes.”

“Was anyone with you?”

“No.”

“Then it is only your word against hers.”

Endicott Campbell gave himself the luxury of a triumphant grin. “So far, Mr. Mason,” he said sarcastically, “it is my word against hers, and so far, at least, I am not accused of killing anyone to cover my defalcations.”

Mason bowed. “So far,” he said. “Thank you, that’s all for the moment.”

“Call your next witness,” Judge Elmer said.

“Call Elizabeth Dow,” Flanders said.