The Case of the Negligent Nymph

Chapter 22

AS COURT CONVENED ON MONDAY MORNING EVEN STANDING space was at a premium.

As Perry Mason entered the courtroom, Dorothy Fenner tried in vain to catch his eye, then, managing to catch Della Street’s attention, she made a little gesture, a plea for understanding.

Della Street moved over to stand by the defendant as a deputy sheriff moved closer to keep a watchful eye on what was going on.

Mason, preparing for the battle which was to follow, opened his brief case and spread out papers on the polished mahogany counsel table.

“Miss Street, can’t you make him understand?” Dorothy Fenner asked tearfully. “I thought that what I was doing was for the best. I thought I could trap George Alder into making some admission that would help us. I thought I could perhaps get some definite information about Corrine. I don’t think Mr. Mason appreciates … “

Della Street patted .her shoulder reassuringly. “Of course he does, honey. He understands now. But you must understand what it meant to Mr. Mason to have his whole plan of defense suddenly blow up in his face. He … “

“But please speak to him. Please intercede for me. He’s so magnificent, so perfectly marvelous, and … “

Abruptly there was the sound of motion as the entire courtroom rose to its feet and Judge Garey made his entrance from chambers. The bailiff intoned the formula which convened court, and Judge Garey motioned for everyone to be seated.

Della Street leaned close to Dorothy Fenner’s ear to whisper, “I’ll tell him, Dorothy. Good luck.”

Judge Garey cast a somewhat disapproving eye over the morbid crowd of thrill-seekers that had jammed the courtroom to capacity. Then he announced dryly, and in a voice which indicated he had no intention of permitting his courtroom to be turned into a circus side show for the benefit of curious spectators, “Case of People versus Dorothy Fenner. The defendant is in court and the jurors are all present. So stipulated, gentlemen?”

“So stipulated.”

“So stipulated, Your Honor,” Claud Gloster announced, getting to his feet. “I now have a statement which I wish to make to Court and counsel.”

“Very well, go ahead.”

“There have been certain developments in this case,” Gloster said, “with which Your Honor is doubtless familiar, inasmuch as they have been featured in a thoroughly deplorable way in the press.

“In view of the manner in which these developments took place I cannot help but believe that this was a carefully stage-managed procedure on the part of the defense, and I … “

“Your Honor, I object,” Mason said, jumping to his feet. “I demand that the district attorney withdraw that statement and … “

“And I am prepared to meet that challenge,” Claud Gloster shouted. “I am going to prove that this so-called new evidence was planted—by someone.

“It is apparent in the very nature of things that all of this so-called new evidence simply can’t be accounted for on any possible theory of what happened there the night of the shooting.

“And if some of this evidence was planted, then it all could have been. The prosecution is going to abide by its original theory of the case.”

“Well, gentlemen,” Judge Garey said, “as far as the Court is concerned, we can’t predicate a lot of discussion on so-called new evidence which has been disclosed only in the press. If there’s any new evidence to be disclosed, let’s have it.”

“Well, if the Court please,” Gloster said, “circumstances have developed which are going to make it necessary’ to make certain corrections in the testimony given by witnesses for the prosecution. It is not a question of inaccuracies, merely a question of certain corrections.”

Mason let the jury see his broad smile. ‘Do I understand that the district attorney wishes to recall certain witnesses to make corrections of inaccuracies in their testimony?”

“Now, there is a typical example of the manner in which everything I have said has been systematically distorted during the course of this trial,” Gloster said. “I specifically stated to the Court that they were not inaccuracies.”

“Oh, I beg counsel’s pardon,” Mason said, “Let the record show, then, that the district attorney wishes to recall certain of his witnesses, to correct accuracies in their testimony.”

Members of the jury smiled. Gloster glared angrily, tried to think of the proper comment, but failed. Judge Garey, frowning, leaned forward to administer a mild rebuke when Mason, again taking the lead, said, “If the Court please, at this time I once more wish to renew my request that we be told where the dog is. The Court has repeatedly made an order that we are to be told where that dog is and … “

“Do I understand that you have not as yet been advised by the prosecution where that dog is?” Judge Garey asked.

“Exactly,” Mason said.

“Mr. District Attorney,” the judge said ominously, “I have repeatedly advised you that the defense is to be told where this dog is to be located.”

“There was some discussion about the matter Friday morning,” Gloster said, “and I—well, I confess, Your Honor, that new things kept coming up so fast that the matter entirely slipped my mind.”

“I think the Court will bear with me and the record will show that on Friday I repeatedly asked the district attorney for the address where this dog could be found, and I think the record will show that the district attorney stated he would refuse to give me that address because that would tip me off to the location of a witness the district attorney intended to call.”

“No such tiling,” Gloster said.

“And,” Mason went on, “I asked the district attorney if he was afraid I would be able to convince the witness that she should tell an untruth and he said, ‘No,’ and I then asked if he was afraid that I would get her to tell the truth.”

“I remember that interchange very well,” Judge Garey said.

Gloster became suddenly silent.

“Now, then,” Mason went on, “every time that I have tried to find out about this dog, every time I’ve come reasonably close to finding out, I have been met with this same subterfuge, this changing of the subject, this avoiding of the issues.”

Judge Garey said, “Well, we are going to find out where that dog is now before there is any other move made in this case.”

“Where is he?” Mason asked.

Gloster said, “If the Court please, he is with a witness by the name of Carmen Monterrey and I submit that it would be improper to disclose the address of that witness.”

“I want to find out about that dog,” Mason said. “I either want to know where the dog is, or I’ll call Carmen Monterrey and ask her a question about the dog.”

“What’s the address? Where’s the dog?” Judge Garey asked Gloster.

“Frankly, Your Honor, I don’t know. I only know that Carmen Monterrey has been subpoenaed and she is waiting in the anteroom of my office, and … “

“Let’s get her here, then,” Mason said.

“I submit, Your Honor … “

“I’m inclined to agree with counsel for the defense,” Judge Garey said. “Let’s get her in here. Let’s put an end once and for all to this business of having the Court make an order that the defense is to be given certain information only to have it appear day after day that that information has been withheld.”

“Your Honor, I think that is unjust criticism,” Gloster said.

“Don’t you remember my making the order?”

“Well … yes.”

“And isn’t it a fact that you have failed to comply with it?”

“Well, I don’t think so, Your Honor. I … “

“Then how does it happen that counsel for the defense is able to stand up here and ask again for the address at which this dog is being kept and state that he doesn’t know where it is?”

Gloster thought that over for a moment, then said, “Very well, I’ll call Carmen Monterrey and we’ll get that phase of the case over with. I’ll admit recent events caused me to forget about the dog.”

There was an intermission of two or three minutes during which a bailiff was sent to the district attorney’s office to bring Carmen Monterrey into the courtroom. Then she came forward and was sworn.

Gloster said, “Your name is Carmen Monterrey?”

“Yes, sir.”

“Are you acquainted with a dog named Prince, a dog that was held by George S. Alder for the last few months of his lifeF’

“Very well. Corrine Lansing got that dog after he had been discharged from a course of Army training. He was still young and a little green, but I carefully trained him so that he became a steady, dependable dog.”

“And you are very much attached to him?”

“Yes.”

“So that when you heard of the death of George S. Alder you wanted the dog back?”

“That is right.”

“Purely for sentimental reasons, and not because you wanted to conceal the dog?”

“That’s quite leading, Your Honor,” Mason said.

“It certainly is,” Judge Garey snapped.

“Well, those are the facts. Let’s get at them. Let’s not waste all our time arguing about this dog,” Gloster said. “All I’ve been hearing ever since this case started is dog, dog, DOG!”

“That is right,” Carmen Monterrey said. “Only because of affection for the dog.”

“And where is the dog now?”

“I have him in the house where I am living.”

“And where is that?”

“It is a house that is owned by my aunt at 72432 North Verillion.”

“And the dog is there now?”

“Yes, sir. I shut the dog up when I came to court. He will be happy to follow my orders to wait there. When I get home he will be glad to see me.”

“Now, then,” Gloster said, “I take it that disposes of the question of the dog. You may step aside, Miss Monterrey.”

“Just a minute,” Mason said. “I want to cross-examine.”

“Your Honor, that is the vice of this entire procedure. Counsel keeps trying to … “

“I certainly am entitled to cross-examine a witness who has been asked questions under oath by the district attorney,” Mason said.

“Well,” Gloster conceded at length, “only about the dog.”

“That’s all I want to ask about.”

“Well,” Gloster said, “I guess … I think the whole tiling is irregular.”

“It’s irregular because you didn’t tell me where the dog was,” Mason said.

Judge Garey banged with his gavel. “Counsel will refrain from these personal interchanges.”

Mason turned to the witness and said, “Did the dog have a broken toenail, Miss Monterrey? A broken claw?”

“A broken claw? … I don’t think so.”

“Was the dog limping?”

“No.”

“Was the dog’s foot bleeding?”

“Oh, I remember now what you mean. Yes, in the closet the dog scratched so that his foot began bleeding, but it ceased very soon.”

“You’re quite fond of the dog?”

“Oh, yes.”

“And the dog is quite fond of you?”

“Yes, indeed.”

“And you were very much attached to Corrine Lansing, were you not?”

“She was my friend, my mistress. I worked for her for years.”

“Now, then,” Mason said, “when you returned to this city you saw an ad in the paper inserted by George S. Alder, did you not?”

“Your Honor, I object to that,” Gloster said. “That’s not proper cross-examination.”

“I am now showing the bias of the witness,” Mason said. “The whole question in this case is whether the dog has a broken or torn claw, and this witness has given testimony which is vital on that point.”

“What do you mean, that’s the only question in this case?” Gloster said. “Why, that’s the most absurd …”

“Just pay attention to what’s going to happen,” Mason said, “and you’ll see how it’s important. If the Court please, I think this question is very vital, and I want to show the bias of the witness.”

“Go ahead,” Judge Garey ruled, leaning forward so he could listen to better advantage.

“Did you see such an ad?” Mason asked.

“Yes,” she said.

“And you communicated with the person who had inserted the ad and found out it was George S. Alder, did you not?”

“Yes.”

“And,” Mason said, “George S. Alder told you that it would be very much to your advantage to come and see him, did he not?”

“Well… yes.”

“And you did go to see him, did you not?”

She avoided Mason’s eyes.

“Remember,” Mason said as she hesitated, “there are certain things which can be proven.”

“Yes, I went to see him.”

“When you went to see George S. Alder you asked him about a letter which had purportedly been written by Minerva Danby and thrown overboard from Alder’s yacht, did you not?”

She was silent for a long time, then finally said, “Yes.”

“And,” Mason said, pointing his finger at her, “you went to see George S. Alder on the evening of the third at about the hour of nine o’clock P.M., didn’t you? Now, just a minute before you answer, Carmen. Remember that your movements can be traced on that night.”

“Yes,” she said.

“And,” Mason said, “the dog was very glad to see you, wasn’t he?”

“Oh, Prince was overjoyed,” she announced, her eyes and voice softening affectionately.

“Exactly,” Mason said. “And there was no need for Prince to be shut up in the closet. In fact, it was when he heard your voice that he went crazy in the closet and started scratching the door so that Mr. Alder had to let him out. Isn’t that right?”

“That is right.”

“And the dog almost ate you up in his affection.”

“Yes, indeed.”

“So,” Mason said, “when you accused George S. Alder of having murdered Corrine Lansing, and an argument ensued during the course of which George S. Alder drew a gun, Prince protected you against Alder because he had much more affection for you than he had for Alder. He jumped at Alder’s gun arm and clamped his teeth around Alder’s wrist, didn’t he, Carmen?”

“Oh, Your Honor,” Gloster said, “I..

“You sit down and shut up,” Judge Garey said, without taking his eyes from Carmen Monterrey. “Look at the witness. You can see the answer to the question in her face.”

“And,” Mason went on, “that accounted for the triangular tear in George Alder’s left coat sleeve, didn’t it, Carmen? That’s where the dog’s teeth caught when he jerked Alder’s hand and that’s when Alder discharged the gun with the barrel pointed up in the air so that the bullet stuck in the ceiling. And then’s when you shot him with a .44 revolver which you were carrying in your handbag, isn’t it, Miss Monterrey?”

“I… I… yes,” she said. “I had to. He tried to kill me.”

Mason toned with a smile toward Gloster and said, “Perhaps the district attorney has some questions on redirect examination. I think the Court will now see the importance of that torn claw.”

“I’m frank to confess I don’t,” Judge Garey said, “but I want to find out what this is all about.”

“The answer is very simple,” Mason said. “The dog hadn’t torn a claw loose. The scratches on the inside of the door were not made when the murder was being committed. They were made when he heard the voice of the one person in the world whom he really loved, the voice of the woman who had been his real mistress for years, Carmen Monterrey.

“Alder let him out. The dog was there and the dog sprang to hold the wrist of George Alder when he tried to kill Carmen Monterrey. She shot him, and I’m satisfied that she shot him in self-defense. George Alder fell forward on his face and Carmen Monterrey was in a panic. She realized she had killed the man, and then she suddenly realized that the presence of the dog would be the most incriminating fact against her, so she put the dog back in the closet. She was the only person on earth who could have put that dog back in the closet after George Alder was dead. But the dog had stepped in the pool of Alder’s blood and enough blood adhered to the hairs on the inside of his feet so that when he heard her leaving and scratched again to get out, there were blood smears on the door. That’s how the blood got on the door.

“I think Carmen Monterrey will presently tell us that she took her gun and buried it, and then she searched the desk until she found the letter which was contained in the bottle, and then she left the premises.

“Some time later, the defendant came down to see George Alder, and walked in just as Alder had instructed her to do. I think there, Your Honor, you have your murder case.”

Judge Garey looked at the crestfallen district attorney. “I think so too, Mr. Mason,” he said. “Court is going to take a thirty-minute adjournment while we investigate this matter outside of the presence of the jury. Then they will return and the district attorney can take such action as he sees fit.”