Case of the Beautiful Beggar

Chapter 19

Court reconvened at nine thirty. Judge Kyle said, “People versus Daphne Shelby.”

Marvin Mosher was on his feet. “If the Court please,” he said, “I wish to recall Lieutenant Tragg for further direct examination.”

Lieutenant Tragg returned to the stand.

Mosher said, “There was some question yesterday about the evidence of tool marks on the pipe in the motel. You stated that you had not taken that pipe as evidence. I will ask you, Lieutenant, if there has been any change in the situation since yesterday.”

“Yes, sir.”

“What is the present situation?”

“I went to that unit in the motel this morning and removed the section of the connecting pipe. I have it here.”

Lieutenant Tragg handed the deputy prosecutor a section of pipe.

“We object, if the Court please,” Mason said, “on the ground that no proper foundation has been laid.”

“Just what do you mean by that, Mr. Mason?” the judge asked. “It was, I believe, your suggestion that because the police had not removed this pipe, they had not preserved the evidence.”

“That is true.” Mason said, “but the police can’t prove that this is now the same pipe that was in the unit at the time they discovered the body.”

“Oh, I think that’s a technicality,” Judge Kyle said. He turned to Lieutenant Tragg. “Was there any evidence that the pipe had been tampered with from the time you first saw it until you secured this section of pipe, Lieutenant?”

“None whatever.”

“Were the tool marks which appear on this pipe the same as the ones which were on the pipe when you first saw it?”

“They seem to be entirely similar.”

“Very well, I’ll admit the pipe in evidence,” Judge Kyle said.

“Cross-examine,” Mosher snapped to Mason.

Mason arise and approached Lieutenant Tragg. “Have you,” he asked, “examined these tool marks on the pipe through a magnifying glass?”

“No, sir, I haven’t. I just secured the evidence before coming to court. I thought if you wanted it, we’d have it.”

Lieutenant Tragg’s smile was almost a smirk.

Mason produced a magnifying glass from his pocket, studied the tool marks on the pipe, handed the glass and the pipe back to Lieutenant Tragg.

“I invite you to study the tool marks now,” he said. “Study them carefully.”

Lieutenant Tragg adjusted the magnifying glass, rotated the pipe in his hand. Suddenly he seemed to stiffen.

“See anything?” Mason asked.

“I believe,” Lieutenant Tragg said cautiously, “that there is evidence here that one of the tool marks is distinctive. One of the sharp edges on the jaws of the pipe wrench seems to have a flaw in it, a break.”

“So that the tool with which this pipe was disconnected can be identified?”

“Possibly so,” Lieutenant Tragg said.

“Then you admit that you overlooked a material piece of evidence?”

Tragg fidgeted uneasily, said, “Well, the evidence is now before the Court.”

“Thank you,” Mason said. “That’s all.”

“That concludes our case.” Mosher said.

“Is there any defense?” Judge Kyle asked. “It would certainly seem that there is at least a prima facie case against this defendant.”

“There will be a defense,” Mason said. “And I call as my first witness, Horace Shelby.”

“What!” Mosher exclaimed.

“My first witness will be Horace Shelby,” Mason repeated.

“If the Court please, this comes as a very great surprise to the prosecution,” Mosher said. “May I ask a fifteen-minute recess? I would like to report to the district attorney, personally.”

“I will give you fifteen minutes,” Judge Kyle said. “The case seems to be taking an unexpected turn.”

When the judge had left the bench, Mason turned to Daphne.

“Daphne,” he said, “you’re going to have to prepare yourself for a shock. I don’t want to tell you anything that’s coming. I want it to be a surprise to you. They’re going to be watching your reactions. I want them to see your surprise.”

“You actually have Uncle Horace where you can call him as a witness?” she asked.

Mason nodded.

“Oh, don’t do that!”

“Why not?”

“Because they’ll take him and put him back in the sanitarium. They’ll—”

“You must think I’m an amateur, Daphne,” Mason interrupted. “I’ve had three expert psychiatrists examine your uncle — one of them late last night, two of them this morning. Your uncle has had a good night’s sleep. He feels fine. He’s been pronounced absolutely sane and bright as a new silver dollar. You’ve no idea how that makes him feel.

“These doctors are experts. They’re the tops in their profession. The most that Borden Finchley could use to support his contentions was the testimony of general practitioners and this man who runs the rest home or so-called sanitarium. The men who say your uncle is normal are experts.”

“Oh, I’m so glad, so terribly glad!”

“You like him, don’t you?”

“I don’t know why, Mr. Mason, but I just respect and admire that man so much.”

“Well,” the lawyer said, “we’ll wait a few minutes and I think things will start working out for the better.

“You sit here, Daphne, and don’t talk with anybody. I’ll be back in a moment.”

Mason sauntered over to the place where Paul Drake was waiting. “Got your men shadowing all the subjects, Paul?”

Drake nodded.

Mason stretched, yawned.

“You must know what you’re doing,” Drake said.

Mason laughed. “Do I look confident, Paul?”

“You look as though you were holding four aces.”

“That’s fine,” Mason said. “Actually, all I have is a pair of deuces, and I’m shoving a stack of blues into the middle of the table.”

Drake said, “Somehow I have an idea you’re going to get away with it, too!”

“Let’s hope,” Mason said.

Suddenly Hamilton Burger, the district attorney, came striding into the courtroom, and Mosher promptly collared him for a conference.

“See what I mean?” Mason said. “They’ve telephoned the big boy himself to come down and see what this is all about.”

Judge Kyle returned from chambers, took the bench, called court to order and said, “I see the district attorney himself is here in court. You are interested in this case, Mr. Burger?”

“Very much so, Your Honor. I’m going to watch the developments with the greatest interest.”

“May I ask why?”

“Because,” Hamilton Burger said, “in the event the defendant did not murder Ralph Exeter, Horace Shelby did and I want to see that every bit of legal procedure is handled in such a manner that we can’t be jockeyed into a position of not being able to prosecute Horace Shelby.”

“Very well,” Judge Kyle said. “Proceed, Mr. Mason.”

“Call Horace Shelby to the stand,” Mason said.

Shelby took the oath and took his position on the witness stand, after smiling reassuringly at Daphne.

“Now, just a moment,” Hamilton Burger said. “First, Your Honor, I want this witness warned that he is suspect in a murder case, either acting alone or as an accessory with the defendant, Daphne Shelby. I want him warned that anything he may say may be used against him at a later date.”

Mason, on his feet, said, “Your Honor, I object to this as a flagrant contempt of Court as an attempt to browbeat a defense witness and frighten him so that he cannot give testimony.”

“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.”

“You made a mistake,” Mason said.

Tragg’s eyes narrowed. “What do you mean by that?”

Mason said, “I took out the section of pipe, using a chamois skin to pad the jaws of the wrench, and substituted this one which has purely synthetic tool marks in it which were carefully put in there with a pipe wrench where one of the ridges on the jaws had been purposely damaged.”

Tragg’s face flushed. “Do you realize what you are saying?” he asked.

“I think so.”

“You have destroyed evidence in a murder case.”

“Oh, no, I haven’t,” Mason said. “Here, here’s the piece of pipe that I took out. That’s the genuine pipe. If you think it has any evidentiary value, here it is. I just took the precaution of keeping it in custody.”

Tragg’s eyes showed his anger.

“But,” Mason went on, “the reason I did what I did was that I wanted whoever had actually loosened that gas pipe to feel that his wrench had left distinctive marks on the pipe. For your information, at the morning recess Borden Finchley went to his car, drove out to a vacant lot and tossed a wrench into the weeds, then returned to court.

“Now, if I call Borden Finchley as a witness and suddenly spring this on him, I can trap him into some damaging admissions. But that’s going to make the homicide squad look rather inept.

“If, however, you go to work on him during the noon recess, don’t let him know there is anything phony about the markings on that gas pipe, you just might have a confession by two o’clock this afternoon. You’re rather skillful at those things, you know.

“And, in that event,” Mason went on, “no one would ever need to know that there had been any substitution of the gas pipe. The police could have all the credit of solving the case. Hamilton Burger could dismiss the case against the defendant. We could have a happy family reunion and—”

“Where’s the vacant lot? Where did he put the wrench?” Tragg asked.

Mason caught Paul Drake’s eye, beckoned him over, said, “Paul, get your man who is shadowing Borden Finchley and let him co-operate with Lieutenant Tragg.”

The lawyer turned away, smiled at Daphne and said, “See you after lunch, Daphne.”

Daphne, her arms tight around Horace Shelby, looked up at him with tear-stained eyes.

Mason moved over to Della Street. “This,” he announced, “is one hell of a good time to make our exit.”