Erle Gardner: Case of the Beautiful Beggar

“The Court now wants to hear additional evidence. Mr. Mason, you have something to present?”

“I do,” Mason said.

“Do you wish to present a witness or affidavits?”

“I have an affidavit,” Mason said, “from Daphne Shelby, the niece of Horace Shelby, stating that up to three months ago, when she was persuaded to take a long ocean voyage, leaving Horace Shelby in the house where Borden Finchley, his wife and Ralph Exeter were visiting, Horace Shelby was in good mental health and in possession of all of his faculties.

“I have an affidavit from Stanley Paxton of the Investors National Bank, where Horace Shelby has kept his account for many years, stating that Shelby is, in his opinion, thoroughly competent that Shelby has shown good business judgment in handling all of his affairs that his properties have grown in value over the years that he has made shrewd business investments that Daphne Shelby has always had his best interests at heart and has made a very efficient manager.

“This affidavit further states that from the moment Daphne Shelby was persuaded to take a trip Borden Finchley started nosing around, trying to get information about Shelby’s personal financial affairs, trying to wheedle information out of the bank on the pretext that Shelby was ill.

“The affidavit states that Paxton called Shelby on the phone and that Shelby’s manner was perfectly normal and his business judgment very sound.

“On the strength of the showing I am about to make, Your Honor, I suggest that the conservatorship be vacated or, if there is any necessity for a conservator, that Daphne Shelby, who has now returned from her trip, is much better qualified to act as conservator than is Borden Finchley.

“And as a part of my showing, I desire to call Borden Finchley as a witness.”

Judge Ballinger frowned down at Finchley. “Come forward and be sworn, Mr. Finchley. You’ve already been sworn in this matter, but I think I’ll have you sworn again just so there can be no misunderstanding.”

Borden Finchley, a stocky, rather thick-necked individual in his late fifties, held up his hand, took the oath, then occupied the witness stand and glowered at Perry Mason from rather small, cold, blue eyes.

“Now, your name is Borden Finchley. You’re a half brother of Horace Shelby and you were the moving spirit in asking for the appointment of a conservator?” Mason asked.

“That’s right,” Finchley said.

“You are visiting at Shelby’s house?”

“Yes.”

“How long have you been visiting there?”

“About six months.”

“In other words, you were there for about three months before Daphne Shelby left on her vacation?”

“Yes.”

“Who is in the house at the present time, Mr. Finchley?”

“My wife, Elinor, and Ralph Exeter.”

“Ralph Exeter?” Mason said, putting just the right element of apparent surprise in his voice. “And is Ralph Exeter a relative of Horace Shelby?”

“He is not.”

“A close friend, perhaps?”

“Not of Horace Shelby. He is a close friend of mine. He came to the Pacific Coast with us. In fact, we were driving in his car.”

“And you moved right in with Horace Shelby?”

“We stopped to visit Horace and when we saw that he was weakening mentally, we stayed long enough to size up the situation.”

“And Ralph Exeter helped you size up the situation?”

“He was with us and we were in his car. We couldn’t very well ask him to move on. We imposed upon his good nature by holding him here while the situation was coming to a head.”

“And when you say ‘coming to a head,” you mean that it was getting to a point where you could ease Daphne Shelby out of the picture and put yourself in charge of the Shelby finances?”

“I mean nothing of the sort. I mean that Ralph Exeter was good enough to forego his own personal plans in order to stay with me until the situation was clarified.”

“And what do you mean by ‘until the situation was clarified’?”

“Until my brother wouldn’t be taken advantage of by some young woman who was flaunting her charms, wheedling him for money and finally using her powers of persuasion to get him to turn over to her a hundred and twenty-five thousand dollars in the form of a check on his account, and asking her to go to an attorney to see that the money was handled in such a way that it couldn’t be traced.”

“I see,” Mason said. “You knew about that letter?”

“I knew about it.”

“And how did you find out about it?”

“I saw the letter before it was mailed.”

“And where did you see it?”

“On my brother’s desk.”

“You thought the letter was addressed to you?”

“No, I knew it was not addressed to me.”

“Did you know to whom it was addressed?”

“I most certainly did.”

“And yet you read it?” Mason asked, his voice showing a degree of incredulity that made it appear that the reading of a letter was a heinous crime.

“I read it!” Finchley snapped. “I read it. I called in my wife and had her read it, and I saw the check for a hundred and twenty-five thousand dollars which was to go in the letter, and right then and there I made up my mind that I was going to put a stop to having my brother’s estate exploited by a total stranger.”

“A total stranger?” Mason asked. “Are you referring to his niece, Daphne Shelby?”

“I am referring to Daphne Raymond, who has been going by the name of Daphne Shelby and who has represented herself to the bank and to my brother’s business associates as being his niece. Actually, she is the daughter of his housekeeper and is no blood relation to Horace Shelby.”

Mason, veteran courtroom lawyer that he was, managed to keep his face from showing any element of surprise, but simply smiled and said, “You have, I believe, heard your half brother, Horace Shelby, repeatedly refer to Daphne as his niece?”

“I have,” Finchley said grimly, “and every time I heard it I knew it was another indication of the fact that Horace’s mind was weakening and that the blandishments and wheedlings of this young woman had had their effect.”

“But he is my uncle,” Daphne exclaimed. “He is—”

Judge Ballinger tapped his pencil. “You will be given ample opportunity to state your side of the case, young woman. Just please refrain from making any statements.”

Judge Ballinger turned toward the witness. “You have made certain statements, Mr. Finchley. I presume you are in a position to prove them?”

“Certainly, Your Honor,” Finchley said. “I didn’t care to bring this matter up because I didn’t want to blacken the young woman’s name, but of course if she insists, we will have to get the facts before the Court.”

“What are the facts?” Judge Ballinger asked.

“Marie Raymond was a rather attractive woman who had an unfortunate love affair in Detroit. She came to Los Angeles looking for employment and was penniless, without friends, and had had but little experience and no training in any form of work. She therefore had no alternative but to take up housework. She advertised for a job as housekeeper and it happened that Horace Shelby saw that ad in the paper.

“He arranged an interview. The interview was satisfactory and Marie Raymond went to work for him.

“At that time Marie Raymond rather suspected that she might be pregnant but didn’t know for sure. Later on, when she found out that she was pregnant, she confided in Horace Shelby.

“Shelby, at that time, was generous enough to suggest that she go ahead and have the child and continue her employment.

“Later on, when Horace Shelby’s younger brother and wife were killed in an automobile accident, Horace Shelby suggested to Marie Raymond that they let the young Daphne think that she was the daughter of the deceased brother and his wife. In that way, Daphne would be given a name and her illegitimacy would not be known to her schoolmates.