The Case of the Troubled Trustee pm-78

by Erle Stanley Gardner

  "Did you," Mason asked, "tell the beneficiary the extent of the trust funds?"

  "No."

  "Why not?"

  "Objected to as incompetent, irrelevant and immaterial," Hamilton Burger said.

  "I think I will sustain that objection," Judge Alvarado said. "The answer is that he didn't tell the beneficiary. To your knowledge, did she have any idea of the nature and the extent of the trust fund?"

  "No."

  "Now then," Mason said, "the trust fund was created so that you could protect her from herself."

  "Yes."

  "Did you feel that if she knew the exact amount of the trust, that it would tend to defeat the purposes of the trust; that she would extravagantly espouse some lost cause and-"

  "Your Honor, Your Honor," Hamilton Burger literally shouted, "this question is viciously leading and suggestive. I object to it. It is incompetent, irrelevant and immaterial."

  "Sustained," Judge Alvarado snapped. "Counsel will refrain from this sort of question."

  However, the jurors, exchanging astonished glances, showed that the point had registered and made a deep impression on them.

  "Now then," Mason said, "did you know and do you know a Fred Hedley?"

  "Yes."

  "What was his relationship to Desere Ellis?"

  "He was described by her on occasion as her fiance."

  "Did you approve of him?"

  "I did not."

  "Why?"

  "Objected to as incompetent, irrelevant and immaterial," Burger said.

  Judge Alvarado hesitated. "I think," he said, "I am beginning to see a pattern in counsel's questions. A pattern which may well be pertinent to the defense. I am going to overrule the objection. The answer will be limited as to the state of mind of this witness. Further, it will be limited to the actions of the witness in connection with the trust fund."

  "Answer the question," Mason said.

  "I felt that he was a fortune hunter."

  "And was it because of him that you refrained from telling Desere Ellis- Just a minute," Mason said, as he saw Hamilton Burger on his feet, "I'll reframe that question. Did that idea on your part have anything to do with your actions in connection with giving information of the amount of the trust fund? You can answer that yes or no."

  "Objected to," Hamilton Burger said.

  "Overruled," Judge Alvarado said.

  "Yes, it did."

  "In connection with the trust fund, did you have securities of a company known as the Steer Ridge Oil and Refining Company?"

  "I did."

  "Those had been part of the original securities transmitted to you as trustees under the terms of the will?"

  "Yes."

  "What did you do with those securities?"

  "I sold them."

  "Did you ever discuss that sale with the beneficiary?"

  "No."

  "What had she told you about the Steer Ridge stock?"

  "She was very much interested in it. She became somewhat excited because they had sent her a brochure telling about the valuable oil properties they had under lease. She knew that her father had been enthusiastic about the stock."

  "And did she make any request to you in connection with those securities?"

  "She asked me to hang on to them."

  "But you disregarded her request?"

  "Yes."

  "And then what?"

  "Well, I sold the securities and… well, after a while I reinvested."

  "In those same securities?"

  "Yes, in a block of that same stock."

  "Why?"

  "I had a tip that- Well, I had reason to believe that there might be a proxy fight, and they might turn out to be a good investment if two different factions were going to fight for control of the company."

  "How much did you buy?"

  "Twenty thousand shares."

  "In connection with those securities, did you have any contact with the decedent, Rodger Palmer?"

  "I talked with him over the telephone, yes."

  "And what was the nature of that conversation?"

  "Palmer told me that he had been in touch with Desere Ellis; that he had been trying to get a proxy to vote her shares in the Steer Ridge Oil and Refining Company; that she had referred him to me; that if I would co-operate with him it would be possible for us to greatly enhance the value of the securities held by Miss Ellis or for her benefit."

  "Just what did he want in that connection?"

  "He said that it would be necessary for us to have a meeting in great secrecy."

  "Did you arrange such a meeting?"

  "After he told me that if I would see that he had the proxy for twenty thousand shares, and an unsecured loan of five thousand dollars, he would see that Fred Hedley would be placed in such a position that it would be impossible for him to marry Desere Ellis, I told him a meeting might be arranged."

  "And what happened?"

  "He told me that at a certain time on the evening of September twenty-first, I was to call a certain number; that that would be the number of a pay station; that the person who answered that number would give me another telephone number to call which would be the number of another pay station; that if I would call that number, I would be advised where to go in order to meet him."

  "Did you make such a call as the first one?"

  "Yes."

  "And what were you told?"

  "I was given the number of the other pay station, the number which I was to call."

  "Was that the decedent, Rodger Palmer, with whom you were talking?"

  "I don't know. The voice sounded disguised. It sounded like a man trying to talk in a high-pitched voice. It could even have been a woman. I thought at the time it was a man. Thinking back on it now I am not so sure."

  "And you called the next number?"

  "Yes."

  "And what happened there?"

  "A voice told me to go to the seventh tee at the Barclay Country Club, to be there just as soon as I could get there; that there had been some mix-up in time schedule; that the man I was to meet was going to be forced to leave in just a few minutes; that I was to get there at the earliest possible instant."

  "Was anything said in any of these conversations about money?"

  "Yes, I was to have five thousand dollars with me. If the information that was to be given me was as represented, I was to pay over the five thousand dollars."

  "At the time of this telephone conversation, did you have occasion to notice the witness, Tom Fulton, who has previously testified?"

  "Yes, sir, I saw him, but, of course, at that time, I had no idea he was taking any personal interest in me. I thought he was simply someone who was in a hurry to use the telephone. He came up to the telephone booth and made some sort of signs to me and I motioned him to go away."

  "Subsequently, did you know that he was following you?"

  "No, sir."

  "You left the phone booth in a hurry and went through some red lights and a boulevard stop?"

  "I'm afraid that I was in such a hurry that I violated several sections of the vehicle code."

  "And went to the country club?"

  "Yes."

  "You are a member of that club?"

  "Yes."

  "Did you know that you had been followed to that club, or followed part of the way?"

  "No, sir."

  "What did you do?"

  "I parked my car, used my key and went in. I looked around for the night watchman but didn't see him. I hurried out on the links."

  "You were familiar with the location of the seventh tee?"

  "Yes."

  "What did you do?"

  "I hurried out there and looked around; saw no one, but finally noticed a dark object lying on the ground. I bent over that object and it was the body of this man, Rodger Palmer."

  "You knew him at the time?"

  "I had not seen him previously. I had talked with him over the telephone. That was all."

  "How ma
ny times?"

  "Several times. First, after he had requested Desere Ellis to give her proxy and she had referred him to me. He had called me and then I had had several conversations with him over the telephone concerning a suggestion that I pay him for this information which he offered to give me."

  "What time was it when you got to the Barclay Country Club?"

  "It was just a few minutes before ten."

  "What did you do after you discovered the body?"

  "I looked around- That is, I wanted to make sure he was dead."

  "And when you did make sure, then what did you do?"

  "I got to my feet. My right foot encountered a hard object. I bent over to find out what it was, and saw that it was a gun."

  "And then what did you do?"

  "I realized it was my own gun and suddenly became panic-stricken."

  "And what did you do?"

  "I left the country club. I drove down the road for a short distance, threw the gun under a culvert where I hoped it would never be discovered; went to Ensenada in Mexico and registered at the Siesta del Tarde Auto Court under the name Frank Kerry."

  "Frank is one of your names?"

  "Yes, my full name is Frank Kerry Dutton."

  "You recognized the gun as your own?"

  "I thought it was mine, yes."

  "And you knew you had given that gun to Desere Ellis?"

  "Yes."

  "Were you trying to protect Desere Ellis in-"

  "Objected to," Hamilton Burger said, "incompetent, irrelevant and immaterial, argumentative, leading and suggestive."

  "Sustained," Judge Alvarado said.

  "Cross-examine," Mason snapped.

  Hamilton Burger, the district attorney, masked his true feelings behind a facade of extreme courtesy as he arose and approached the witness.

  "I have a few questions," he said. "Simply for the purpose of clarifying your story in my own mind and for the jury, Mr. Dutton, I take it you have no objections?"

  "Certainly not," Dutton said.

  It was quite apparent that Hamilton Burger, having been warned by Mason, would make every effort to tear him to pieces, the defendant was agreeably surprised by this attitude on the part of the prosecutor.

  "We'll start in with finding the body," Hamilton Burger said. "What time was it that you arrived at the seventh tee? I believe you said it was a minute or two after ten?"

  "Yes, sir."

  "Well, we should be able to clarify it a little better than that," Burger said. "You were in a hurry?"

  "Yes."

  "Is there, by any chance, a clock on the dashboard of your automobile?"

  "There is."

  "Was it accurate on the night in question?"

  "I try to keep it accurate, yes, sir."

  "Well, now," Burger said, smiling, "from the manner in which you make that statement, I gather that it is a habit of yours to be punctual and to know what time it is?"

  "Yes, sir."

  "So you keep your clock accurate at all times?"

  "I try to, yes."

  "Now, having made an appointment for that night and being in a great hurry, you undoubtedly looked at your clock several times while you were driving from the telephone booth to the golf club-you must have."

  "I'm quite sure I did," Dutton said, matching the district attorney's affable courtesy.

  "Exactly," Hamilton Burger said, his voice low and well modulated, "so you must be able to tell the jury what you mean by a minute or two after ten?"

  "I would say that it was one minute before ten when I entered the golf club. I think I arrived there and had parked the car at one minute after ten."

  "I see," Hamilton Burger said, "and how long did it take you to get to the seventh tee?"

  "I would say about three minutes."

  "So you arrived at the seventh tee at exactly four minutes after ten?"

  "We could give or take a few seconds, but for practical purposes, right around four minutes after ten."

  "So it takes you about three minutes to go from the seventh tee to the clubhouse?"

  "Yes."

  "Now, you have heard the detective, Tom Fulton, testify that you left the golf club at ten-twenty-two?"

  "Yes, sir."

  "Did you, by any chance, look at the clock on your automobile when you left?"

  "I was rather excited. I didn't look at the clock at that exact moment. No, I remember I did look at it when I stopped the car at the culvert."

  "And what time was it then?"

  Dutton smiled. "Frankly, I have forgotten, Mr. Burger. The time registered with me but it didn't seem to have any particular significance. I do remember, however, looking at the clock. I think it was right around ten-twenty-five or something like that. I am not sure."

  "Why did you glance at the clock?"

  "Just a mechanical reflex, I guess."

  "I see," Hamilton Burger said. And then suddenly added, "Oh, by the way, had you made up your mind to go to Ensenada at that time?"

  "I was thinking of it, yes."

  "So," Burger said casually, "you probably were checking the time to figure about how long it would take you to make the trip."

  "I could have been, yes."

  "Well, that sounds very reasonable," Burger said.

  Dutton nodded.

  "Now, let's see," Burger went on, "you got to the seventh tee at four minutes past ten. You were expecting to meet Rodger Palmer there, and, of course, expected him to be alive?"

  "Yes, sir."

  "There was a glow in the sky, that is, you could see the reflection of the lights of the city?"

  "Yes, sir, quite a glow."

  "Enough light for you to walk by and find your way?"

  "Yes, sir."

  "Not bright light, but a diffused light such as one would naturally expect on a golf course from the lights of the city reflected by the atmospheric impurities?"

  "Yes, sir."

  "And if Rodger Palmer had been standing up to meet you when you reached the seventh tee, he would have stood silhouetted against the skyline?"

  "Yes, sir."

  "Then you must have suspected something was wrong almost immediately on reaching the seventh tee and failing to see him?"

  "I think I did. I think that's what started me looking around."

  "Looking around?"

  "Yes."

  "What do you mean by looking around?"

  "Well, taking a few steps; looking on the ground."

  "Looking on the ground?" Hamilton Burger said, his voice suddenly changing. "So, you began looking for the man you were to meet on the ground?"

  "Well, I was looking around. He wasn't standing up. He had to be someplace if he was there."

  "I see," Hamilton Burger said, "so within a few seconds of the time you arrived at the seventh tee you began looking for him on the ground?"

  "I didn't say within a few seconds."

  "No, you didn't," Hamilton Burger said, "but it follows as a necessary inference. You expected him to meet you. You looked around; you didn't see him outlined against the lights of the horizon. So you started looking around. Now, it didn't take you over two or three seconds to ascertain that he wasn't standing up silhouetted against the horizon. Isn't that right?"

  "Yes, sir."

  "So then, right away, you began looking around- You'll pardon me, Mr. Dutton, I want to be fair with you. I want to see that the jury understands your story, that's all. It was within a few seconds, wasn't it?"

  "Yes, I guess it was."

  "So, you were then looking on the ground at least by five minutes after ten?"

  "I guess I must have been, yes."

  "And as soon as you looked on the ground, you discovered the body?"

  "Well, not right away."

  "But within a matter of seconds, eight or ten seconds?"

  "I don't know that it was eight or ten seconds."

  "Well, let's time it," Hamilton Burger said. "Just get up from the witness stand, if you will, and start
walking around in a circle. I'll consult my watch and let you know when ten seconds are up."

  The witness got up from the stand and started walking.

  He made a circle, then another circle.

  "That's ten seconds," Hamilton Burger said. "Now then, considering your starting place as being at the seventh tee, would the body have been within that circle?"

  "Well perhaps a little wider circle."

  "Then, perhaps it was twenty seconds after you started looking around that you found him?"

  "I would say so. Perhaps even as much as thirty seconds."

  "Thirty seconds would be the extreme limit?"

  "I would say so, yes, sir."

  "All right, then, within that circle that you made in thirty seconds, your foot struck against something?"

  "Well, I saw something dark and prodded it with my foot."

  "And found it was a body?"

  "Yes, sir."

  "And immediately dropped to your knees?"

  "Yes, sir."

  "Now then," Hamilton Burger said, "that was within thirty seconds. Let's say that you dropped to your knees- Oh, let's give you plenty of time, Mr. Dutton. Let's say that by six minutes past ten you had dropped to your knees by the side of the body."

  "Yes, sir."

  "That seems fair to you?"

  "I think it is very fair."

  "And you ascertained at once the man was dead?"

  "Well, within a few seconds."

  "Ten seconds again, Mr. Dutton?"

  "I would say so, yes. Well within ten seconds."

  "Now then," Hamilton Burger said, "you ascertained the man was dead and then what?"

  "Well, I was just going to run and call the police when my foot struck against something heavy and I reached down and saw it was this gun."

  "And then what did you do?"

  "I recognized the gun as mine."

  "You were sure it was yours?"

  "I felt certain it was."

  "So then what?"

  "Then I suddenly realized I was in a peculiar position.

  "One would certainly say so," Hamilton Burger said. "In fact, that's the understatement of the week. You were in a most peculiar position."

  "Yes, sir."

  "So you wanted to stop and take a while to think it over?"

  "Yes, sir."

  "Now, eventually you reached a decision and decided to leave the golf club without reporting the fact that you had found the body to the police?"

  "Yes, sir."

  "Once you reached that decision, you hurried from the seventh tee, out through the club house, crossed to where your car was parked, jumped in and drove away?"