Erle Gardner - Case of the Beautiful Beggar

“Furthermore,” Hamilton Burger interjected, “I object to this witness giving testimony, on the ground that he is incompetent to testify that he is suffering from a disease known as senile dementia.”

Mason smiled and said, “I would like to have the district attorney make up his mind if he is certain the witness is incompetent to understand what he is doing. If that is the case, it would appear that having the Court instruct him that anything he might say could be used against him at a later date would be an empty act.”

Judge Kyle smiled, then turned to the witness.

“The Court wants to ask you a few questions, Mr. Shelby.”

“Yes, sir,” Horace Shelby said.

“You understand that this is a courtroom?”

“Yes, sir.”

“Then why are you here?”

“I’m called as a witness by the defense.”

“You have been declared an incompetent by a Court in this county?”

“I don’t know as to that. I was beset by greedy relatives who gave me drugs that I knew nothing about, who railroaded me into a so called sanitarium where I was restrained against my will and strapped to a bed. I understand the Court that committed me has designated a doctor to examine me.”

Mason was on his feet. “If the Court please,” he said, “Dr. Grantland Alma, who was appointed by the Court to examine this man, has examined him and pronounced him absolutely competent, completely sane. Two other well-known psychiatrists have also examined him and pronounced him sane, as well as completely competent to conduct his own affairs. I can call these doctors if the Court wishes.”

Judge Kyle smiled. “Does the district attorney continue to urge his point?”

Hamilton Burger held a whispered conference with Marvin Mosher, then said, “I understand, if the Court please, there are two doctors who will testify that he is suffering from senile dementia.”

“Two general practitioners who could never qualify as specialists,” Mason said. “The Court-appointed doctor pronounces him sane, and two outstanding psychiatrists so pronounce him sane and competent. If you wish to take up the Court’s time having two general practitioners testify against three specialists, we can do so.”

Hamilton Burger had another whispered conference, then said, “We will temporarily withdraw our objection, Your Honor, but we wish this witness warned.”

Judge Kyle turned to the witness. “Mr. Shelby, the Court does not wish you to be intimidated in any way. The Court does, however, warn you that in accordance with a statement made by the district attorney of this county, you may be considered an accomplice, an accessory or a principal in connection with the crime with which this defendant is being charged. The Court, therefore, warns you that anything you may say may be used against you at a later date that you are entitled to your own individual counsel at any stage of the proceedings.

“Now then, does Mr. Mason represent you as attorney?”

“Only to the extent of proving that I am sane and competent.”

“He does not represent you in connection with possible charges which may be filed against you in connection with the death of Ralph Exeter?”

“No, sir.”

“Do you wish to have an independent counsel advise you at this time as to your rights, duties and privileges in connection with that crime?”

“No, sir.”

“Do you wish to go ahead and testify of your own free will?”

“Yes, sir.”

“You understand the nature of the proceedings?”

“Yes, sir.”

“You will keep in mind the admonition of the Court that anything you say may be used against you at a later date?”

“Yes, sir.”

“Do you understand you do not have to answer any question where the answer may tend to incriminate you?”

“Yes, sir.”

“Very well,” Judge Kyle said, “proceed with your examination, Mr. Mason.”

“Is the defendant related to you in any way, Mr. Shelby?” Mason asked.

Shelby looked straight ahead, said, “Yes, sir. She is my daughter.”

“Your daughter?” Mason asked. “Speak up, please, so the Court can hear you.”

There was a ripple of whispering in the audience in the back of the court. Judge Kyle frowned the spectators to silence.

“Will you explain, please?” Mason asked.

“The defendant is the daughter of the woman who was my housekeeper, a woman I loved deeply. I was prevented from marrying her because of legal complications, and afterwards it was deemed better to continue our relationship as it was with the understanding that Daphne would consider herself my niece.

“In order to protect her, I made a will. That will, of course, left everything to Daphne’s mother. After Daphne’s mother died, I intended to change the will to leave everything to Daphne, but it was one of those things I just never got around to doing until... until it was almost too late.”

“You have made such a will now.”

“Yes.”

“It was made freely and of your own volition?”

“Yes.”

“You were confined at the Goodwill Sanitarium?”

“Yes, sir.”

“Voluntarily or against your will?”

“Very much against my will.”

“What happened?”

“Daphne rescued me.”

“And then what happened?”

Daphne, by this time, was sobbing quietly into her handkerchief. There was a silence throughout the courtroom which was almost tangible.

Horace Shelby went on to tell his story, describing in detail his escape from the sanitarium, his tenancy at the Northern Lights Motel, the demands of Ralph Exeter, the manner in which he had drugged him, the stealing of his car.

Spectators sat forward on the edge of their chairs to listen. Hamilton Burger, from time to time, conferred with his deputy in worried whispers.

At length, Mason turned to the prosecution’s table. “Do you wish to cross-examine?” he asked.

Hamilton Burger said, “If the Court please, this testimony has taken us completely by surprise. It is almost noon and we ask that Court give us until two o’clock this afternoon to plan our strategy.”

“Very well,” Judge Kyle said, “the Court will take a recess until two o’clock this afternoon.”

Judge Kyle left the bench.

Horace Shelby hurried to Daphne, embraced her.

Daphne was laughing and crying.

Newspaper reporters who had been alerted to the dramatic developments in the courtroom hurried to telephones.

Paul Drake came up to Perry Mason.

“Something funny Perry,” he said in a low voice.

“What?”

“At the recess this morning after Lieutenant Tragg gave his testimony, Borden Finchley went down to the place where his car was parked. He got into the car, drove out to a vacant lot pretty well covered with weeds, looked up and down the street to see if anyone was interested in what he was doing, took a wrench from his car, went into the vacant lots, fooled around a little while, and then dropped the wrench.”

“Your man was shadowing him?”

“Yes.”

“Did your man get the wrench?”

“Not yet. He didn’t have an opportunity. He continued to shadow Borden Finchley?”

“And what did Finchley do?”

“Got in his car and drove back to the courthouse to attend the rest of the trial session this morning.”

Mason walked over to where Lieutenant Tragg was chatting with one of the reporters. “May I see you for a moment, Lieutenant?” he asked.

“Surely,” Tragg said, and walked over to a corner of the courtroom.

Mason said, “You testified rather glibly that that pipe was the same this morning.”

“Oh, come, Perry,” Lieutenant Tragg said, “what’s the use of being technical about a deal of that sort. You know and I know it’s the same pipe. Of course, I didn’t sit up all night with it so I could swear it was the same, and I didn’t put my initials on it, but I can identify it and I did identify it.”