The Case of the Horrified Heirs (19 page)

"In the presence of Hamilton Burger, the district attorney of the County, and in your presence there at the consulting room of the county jail we confronted the defendant with George Eagan. He said in her presence that he had never seen her before, and she stated that he wasn't the man who had called on her."

"Did she make any further statements?"

"She admitted that the man who called on her had never told her he was George Eagan, the chauffeur, but said that an identification had been made from a physical description and the license number on an automobile. She said that the man who called on her had given the name of George Menard."

"And you got the defendant to tell you all this by telling her that you were investigating the murder; that you wanted to apprehend the guilty person; that you didn't think she could be guilty; that she was too nice a young woman to be guilty of any crime of this sort; that you thought someone was trying to frame her and that if she would give you the facts immediately and without waiting to get in touch with me in the morning, that you would start an investigation which would perhaps have everything all cleared up so that she could go home and spend the night in her own bed. Isn't that right?"

Lieutenant Tragg smiled. "Well, I didn't say that personally, but one of the officers who was present made statements to that effect."

"This was in your presence and with your approval?"

The lieutenant hesitated for a moment, then said with a dry smile, "It is routine in dealing with a certain type of suspect."

"Thank you," Mason said, "that's all."

Caswell said, "Will Carson Herman please take the stand."

Herman proved to be a tall, slender man with a mosquito-beak nose, watery blue eyes, a firm mouth, high cheekbones and an emphatic way of speaking.

He testified that he had been driving south on the coast highway. That is, he was headed between Oxnard and Santa Monica. There were two cars ahead of him. One of them was a light-colored Chevrolet; the car ahead of the Chevrolet was a big, black sedan. He hadn't had an opportunity to make sure of the make of the car. "Did you notice anything unusual?" Caswell asked.

"Yes, sir, as we approached a turnoff road the black car swung far over to the right, apparently wanting-"

"Never mind what you think the driver wanted," Caswell interrupted, "just state what happened."

"Yes, sir. The black car pulled clean over to the shoulder of the road."

"And then what happened?"

"The Chevrolet got almost even with the car; then suddenly swerved over. The front of the Chevy hit the front of the other car a glancing blow and then the driver swung the wheel sharply so that the rear end of the Chevy came crashing against the front of the black sedan."

"Did you see what happened to the black sedan?"

"No, sir. I was following rather close behind the Chevrolet and it all happened so fast that we were past the black car before I had a chance to get a real good look at it. I saw it swerving and tottering and then I was past it."

"Go on. Then what happened?"

"The Chevrolet made a screaming turn up to a side road which takes off up a hill"

"What did you do?"

"I felt that it was a hit-and-run, and as a citizen-"

"Never mind what you felt," Caswell again interrupted, "what did you do?"

"I swung in behind the Chevrolet and tried to follow it so I could get the license number."

"Did you?"

"The road was full of curves, and I tried. I got the last two numerals of the license number, 65. I suddenly realized the road was lonely and realized my predicament. I decided to stop, turn around at the first available opportunity and notify the police.

"Because the road was so lonely and winding, it was certain that the driver of the car ahead would know that I was-"

"Never mind your conclusions," Judge Grayson interrupted. "You have been warned twice, Mr. Herman, we are only interested in facts. What did you do?"

"I slowed to a stop and watched the lights of the car ahead disappear. I may say that as the car swung around so that the headlights shone on the cut bank to the side of the road, I could see that the car had lost one headlight."

"What do you mean it had lost a headlight?" Caswell asked.

"Well, one headlight wasn't working."

"Then what?"

"Then I proceeded very slowly and cautiously until I found a place where I could turn around. I then went back down the road. There was a seafood restaurant about three hundred yards from the turnoff, and I stopped at this restaurant and telephoned the California highway patrol. I reported the accident. They said some motorist had already reported it and they had a radio car on the way."

"You didn't go back to see if the other car had been seriously damaged or any person was injured?"

"No, sir, I'm sorry to say that I didn't. I felt that the first thing to do was to notify the highway patrol. I felt that if any persons were injured, other motorists who had been coming along the highway would see the damaged car, stop and give aid."

"Cross-examine," Caswell said.

"Could you see the car ahead well enough to tell who was driving, whether it was a man or a woman, or how many people were in it?"

"There was only one person in it. I couldn't tell whether it was a man or a woman."

"Thank you," Mason said. "That's all."

Caswell said, "I will now call Gordon Kelvin to the stand."

Kelvin came forward with unhurried dignity, took the oath and testified that he was a brother-in-law of the decedent, Lauretta Trent.

"You have been in the courtroom and heard the testimony of the defendant's statement that she was asked to participate in the forgery of a carbon copy of a will?"

"Yes, sir."

"What can you tell us about the estate of Lauretta Trent?"

"That is objected to as incompetent, irrelevant and immaterial," Mason said.

Caswell retorted quickly, "If the Court please, this is a very material matter. I propose to show that the story told by the defendant was a complete fabrication; that it had to be a complete fabrication because the forgery of the carbon copy of a will would have done no good at all. I expect to show by this witness that the decedent, Lauretta Trent, had made a will years before; had given it to this witness in a sealed envelope to be opened at the time of her death; that this envelope was produced and opened and that it contained the last will of Lauretta Trent; that there could be no doubt or ambiguity concerning it and that any socalled carbon copies of other wills would have been completely ineffective."

"I'll overrule the objection," Judge Grayson said.

Kelvin said, "I have always been close to my sister-in-law. I am the elder of the two brothers-in-law.

"My sister-in-law, Lauretta Trent, kept her will in a sealed envelope in a drawer in her desk. She told me where it was some four years ago and asked that it be opened in the event of her death.

"After the tragic occurrence of last Wednesday, and knowing that there might be some question about proper procedure in the matter, I communicated with the district attorney's office and, in the presence of an attorney, a banker, and the district attorney, this envelope was opened."

"What did it contain?"

"It contained a document purporting to be the last will of Lauretta Trent."

"Do you have that document here?"

"I do."

"Produce it, please."

The witness reached in his pocket and produced a folded document.

"You have marked this document in some way so that you can identify it?"

"That document," Kelvin said, "is marked by my initials on each page, by the initials of Hamilton Burger, the district attorney, by the initials of the banker who was present and the lawyer who was also present."

"That should identify it," Judge Grayson said, with a smile. "These, I take it, are your initials written by you, yourself?"

"That's right."

Judge Grayson inspected the document thoughtfully, then handed it to Perry Mason.

Mason studied the document; passed it back to Caswell.

"I want this introduced in evidence," Caswell said. "I suggest that since this is the original will, it may be received in evidence and then the clerk may be instructed to make a certified copy which will be substituted in place of the original will."

"No objection," Mason said.

Caswell said, "I will now read the will into the record, and then it will be filed until a certified copy can be obtained."

Caswell read in a tone of ponderous solemnity: "'I, Lauretta Trent, being of sound and disposing mind and memory, state that I am a widow; that I have no children; that the only relatives I have in the world are two sisters, Dianne Briggs and Maxine Kelvin; that my sister, Dianne, is married to Boring Briggs and Maxine is married to Gordon Kelvin.

"'I further state that these four people are living in my house with me and have been for some years; that I am very much attached to my two brothers-in-law, as much so as though they were brothers of mine, and, of course, I have love and affection for my sisters.

"'I further realize, however, that women-and, in particular, my two sisters-do not have the shrewd, innate business ability which would enable them to handle the numerous problems of my estate.

"'I, therefore, appoint and nominate Gordon Kelvin the executor of this my last will.

"'After the specific bequests herein mentioned, I leave all of the rest, residue and remainder of my estate to be divided equally among Dianne and Boring Briggs and Maxine and Gordon Kelvin.'"

Caswell paused impressively as he looked around the quiet courtroom, then turned a page of the will and went on, "'I give, devise and bequeath to my sister, Dianne Briggs, the sum of fifty thousand dollars; to my sister, Maxine Kelvin, a like sum of fifty thousand dollars.

"'There have, however,'" Caswell read, and paused to glance around the courtroom significantly, "'been a few people whose loyalty and devotion have been outstanding.

"'First and foremost, there has been Dr. Ferris Alton.

"'Because he has specialized in internal medicine and does not do surgery, he has locked himself in a branch of the profession which is somewhat underpaid as compared with the relatively remunerative practice of medicine in the field of surgery.'"

Virginia Baxter gripped Mason's leg just above the knee with hard fingertips. "Oh, it's so," she whispered. "I remember now. I remember typing that. I remember the tribute she made to-"

"Hush," Mason warned.

Jerry Caswell went on reading. " 'Dr. Alton has given me loyal care and is working himself to death, yet has no adequate reserves for retirement.

"'I, therefore, give, devise and bequeath to Dr. Ferris Alton the sum of one hundred thousand dollars.

"'There are two other persons whose loyalty and devotion have made a great impression on me. Those are George Eagan, my chauffeur, and Anna Fritch, who has nursed me whenever I have been sick.

"'I don't care to have my death an event which will transform these people from rags to riches nor, on the other hand, do I want their loyalty to pass unrewarded.

"'I, therefore, give, devise and bequeath to my chauffeur, George Eagan, the sum of fifty thousand dollars, in the hope that he will open up a business of his own with a part of this money as capital and save the balance as a reserve. I also give, devise and bequeath a similar sum of fifty thousand dollars to Anna Fritch.'"

Here Caswell turned the page rather hurriedly as one does when nearing the end of an important document.

"'Should any person, corporation, or otherwise, contest this will or should any person appear claiming that I have a relationship with that person, that he or she is an heir, that I have through inadvertence or otherwise neglected to mention him, I give to such person the sum of one hundred dollars.' "Now then," Jerry Caswell said, "that will contains the usual closing paragraph with the date. It is signed by the testatrix, and it is witnessed by none other than the late Delano Bannock, the attorney, and…" And here Caswell turned impressively to the defendant… "the defendant in this case, Virginia Baxter."