Case of the Beautiful Beggar

Chapter 4

Promptly at nine-thirty, Judge Ballinger ascended the bench and said, “This is the matter of the conservator for the estate of Horace Shelby. The Court stated at the time of making the order that the Court might require additional evidence from time to time and was keeping the matter open.

“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.

“This was done.”

“You can prove all of this?” Judge Ballinger asked.

“Certainly, I can prove it. I have letters written by Horace Shelby to my wife and me, letters in which he tells the whole story.”

“How did Daphne get her passport?” Judge Ballinger asked.

“On the affidavit of Horace Shelby,” Borden Finchley said. “The courthouse at the county seat of the eastern state where the brother and sister had resided had burned, and the birth certificates in the courthouse were consumed in the fire.

“I may state that Horace, while he never remarried after his wife died, had always been very susceptible to feminine charms — that is, to wheedling and importunities. We have no reason to believe that there were any relations between Shelby and Marie Raymond other than that she persuaded him to give her daughter a name and that the daughter used the opportunity to insinuate herself into the affections of Horace Shelby. There is no question but that he regards her with deep affection and there is no question in my mind but that this young woman, being fully aware of the situation, deliberately took advantage of it.”

“Where is Marie Raymond now?” Judge Ballinger asked.

“She died a little over two years ago. It was at that time my wife and I decided to look into the situation because we felt that Horace was being imposed upon.”

“So you came out here with the deliberate intent of looking into the situation?” Judge Ballinger asked.

“Yes,” Borden Finchley said. “Horace is an old man. We didn’t intend to have him imposed upon.”

“And you wanted to protect your interests?” Mason asked.

Before Finchley could answer the question, Darwin Melrose got to his feet.

“If the Court please,” he said, “we have been patient in this matter because we felt that, if possible, we would like to keep from bringing out matters which relate to the illegitimacy of this young woman but in view of the circumstances which have now been disclosed, we respectfully submit that there is nothing before the Court that Daphne Raymond, sometimes known as Daphne Shelby, is a complete stranger to the controversy that Perry Mason, as her attorney, has no status before the Court and is, therefore, not entitled to question the Court’s decision or ask questions of the witnesses.”

“Well, now just a minute,” Judge Ballinger said. “This is certainly a peculiar situation. I’m not going to rule on the objection for the moment, but I am going to ask this witness some questions myself. Regardless of whether anyone except a close relative is in a position to question the decisions of the Court in a matter of this sort, the Court certainly has the right to be fully advised in the premises.”

“We have no objection whatever to a most searching examination by the Court,” Melrose said, “but we are simply trying to forestall a long hearing in which a total stranger insinuates herself into litigation where she has no interest and no right.”

Judge Ballinger nodded, said to Borden Finchley, “You realized, of course, that your brother had, as you express it, been victimized by this young woman?”

“We thought it was a distinct possibility. We decided to look into it.”

“By we, you mean Ralph Exeter and your wife?”

“My wife and I. Ralph Exeter knew nothing about it until after we arrived here.”

“And you realized, of course, that this young woman had, in your opinion, so insinuated herself into the affections of your half brother that it was quite possible he would make a will leaving her his entire estate?”

Finchley hesitated, shifted his eyes. “We hadn’t really considered that point,” he said.

“It had never entered your mind?” Judge Ballinger asked.

“No.”

“But you did realize that if you could have a conservator appointed, if you could make it appear to a Court that the subject of the Court’s order was incapable of carrying on his own business and was in danger of being influenced by shrewd and designing persons, you could prevent his making a will which would stand up in court?”

“Why, no! That didn’t enter our minds.”

Perry Mason said to Daphne, “Give me that letter.”

She handed him the letter which she had received from Horace Shelby.

Mason said, “I am not entirely certain of my status in the case, Your Honor, and I don’t want to interrupt the Court’s examination. However, in view of the fact that the witness has stated that he saw this letter which Daphne received in Honolulu, I think it is advisable for the Court to read the letter.”

Mason took the letter up to Judge Ballinger.

Judge Ballinger read the letter carefully, then turned to Borden Finchley.

“You say that it hadn’t occurred to you that your half brother might make a will disinheriting you?”

Finchley hesitated, then said, “Well... no.”

“That’s right,” Judge Ballinger said, “you answered that with a flat ‘no’ without hesitation a short time ago. You have hesitated now but your answer is still ‘no’?”

“That’s right.”

“You don’t want to change that answer?”

“No.”

“Yet in this letter which I have in my hand,” Judge Ballinger said, “the letter which apparently was sent to Daphne and which letter you have stated you read, the writer specifically states that he wants Perry Mason to draw up a will leaving his entire estate to Daphne.

“Now then, Mr. Witness, in view of the fact that you have testified that you saw that letter, do you still insist that the thought never entered your mind that he might make a will disinheriting you?”

“Well, of course, after I saw that letter I realized there was that possibility,” Finchley said.

“And it was after you saw that letter that you took steps to have yourself appointed as conservator?”

“Well, I had been thinking about it for a long time and—”

“Just answer the question ‘yes’ or ‘no’,” Judge Ballinger said. “It was after you saw that letter that you decided to and did start proceedings to have yourself appointed conservator of Horace Shelby’s estate?”

“Yes.”

Judge Ballinger frowned, said, “Where is Horace Shelby at the present time?”

“He is in a private sanitarium,” Finchley said. “It became necessary to take him there. He is quite disoriented and rather violent and we were simply not in a position to care for him. We felt that he needed professional care.”

Finchley pointed to his wife. “My wife is a trained nurse — that is, she was a trained nurse. She has seen many of these cases and she unhesitatingly states that Horace Shelby is suffering from senile dementia.”

“That’s right,” a woman’s deep voice boomed, as Elinor Finchley arose. “I’m in a position to verify everything my husband has said.”

Judge Ballinger said. “You’re not a witness as yet, Mrs. Finchley. You haven’t been sworn. I would like to ask you, however, if you saw this letter Horace Shelby had written Daphne?”

“Yes, I saw it.”

“Who showed it to you?”

“My husband.”

“Before it was put in the envelope?”

“I didn’t see it put in the envelope.”

“The letter was signed?”

“Yes.”

“Folded?”

“I can’t remember.”

“Your best recollection?”

“I have no recollection.”

“What did you do with the letter after reading it?”

“Borden put it back in the env—” She bit the word off.

“In the envelope?” Judge Ballinger asked.

“Yes.”

“You had then steamed open the envelope?”

“Yes.”

“You put it back in the envelope. Did you mail it?”

“No. We put the envelope back on Horace’s desk after he asked what had happened to it. He mailed it himself.”

“I haven’t time to go into this matter at this present hearing,” Judge Ballinger said, “because there is another matter heretofore set which comes on the calendar, but I am going to look into this with great care. This matter is continued until—” He turned to the clerk. “When is the first day that we have— Wait a minute. I understand this case of Johnson versus Peabody is going off calendar. That will give us a half a day tomorrow?”

The clerk nodded.

“I’m continuing this matter until tomorrow, at two o’clock,” Judge Ballinger said. “At that time I want to have Horace Shelby in court and, in the meantime, I am going to have him examined by a doctor of my own choosing. What is the private sanitarium where he is now located?”

Finchley hesitated.

“The Goodwill Sanitarium at El Mirar,” Darwin Melrose said.

“Very well,” Judge Ballinger said. “I’m going to continue the matter until tomorrow afternoon at two o’clock. I want it understood that a physician appointed by the Court will examine Mr. Shelby at the sanitarium. I want Mr. Shelby in court and I want it understood that the Court is not going to rule upon the objection disqualifying Perry Mason from appearing in the matter as attorney for Daphne Shelby — or Daphne Raymond, whatever her name may be — from appearing as an interested party until after I have given the matter further consideration.

“I may state that I will probably rule upon the objection at the conclusion of the hearing tomorrow afternoon, and that I will permit the examination of witnesses by Mr. Perry Mason until the Court has made its ruling.

“It is the offhand impression of the Court that the public is sufficiently a party to inquiries of this sort so that the Court can have the assistance of any interested party or any interested counsel, and in the event the Court decides that Mr. Mason is not entitled to appear and interrogate witnesses on behalf of his client, the Court will probably welcome the services of Mr. Perry Mason as amicus curiae.

“The matter is continued until tomorrow afternoon at two o’clock.”