The Case of the Horrified Heirs (5 page)

The angry reporter looked at him, then his face softened in a grin. "I guess you're right at that," he said. "Is the judge actually going to weigh the evidence?"

"Going to weigh the physical evidence," Mason said.

"Cripes, what a story!" the reporter commented, just as the door from chambers opened and the bailiff said, "Everybody stand up."

The audience arose, and Judge Albert entered the courtroom, noticing, with a touch of amusement and some surprise, the manner in which the courtroom, which had been almost empty, had now filled up nearly to capacity with spectators from the various county offices, newspaper reporters and photographers.

"People versus Virginia Baxter," he said. "Are we ready to proceed?"

"Ready, Your Honor," Caswell said.

"Ready for the defendant," Mason announced.

Detective Jack Andrews was on the stand and the evidence was about to be weighed. "You have scales, Mr. Bailiff?"

"Yes, Your Honor."

"Check them, please, and see if they are accurate. Put them on zero and watch the beam."

The bailiff checked the scales.

"All right," Judge Albert directed, "now, let's have the suitcase and the overnight bag put on the scales."

The clerk took the two bags which had been marked for identification, placed them on the scales and carefully adjusted the beam until it balanced, then stood back.

"Exactly forty-six and one-quarter pounds, Your Honor," the bailiff announced.

There was a moment of tense, dramatic silence and then someone applauded.

Judge Albert frowned and said, "We'll have no demonstrations, please. Now, does the defendant have the airplane ticket and the receipt for the excess baggage?"

"We have, Your Honor," Mason said, handing the ticket and the receipt to Judge Albert.

Judge Albert frowned at the assistant prosecutor. "How much does the material weigh that was taken out of the bags?"

"I don't know, Your Honor. As the witness Andrews testified, it was counted by packages and not weighed."

"All right, let's weigh it," Judge Albert said. "You Shave it here in court?"

"Yes, Your Honor."

The bailiff started to remove the baggage from the scales.

Mason said, "If the Court please, I would prefer to have these articles simply placed on top of the bags while they are on the scales and we will then see how much it increases the weight."

"Very well," Judge Albert ruled. "It's just as easy one way as the other, perhaps a little more dramatic and, therefore, a little more convincing to have it done as counsel suggests."

Officer Andrews produced a bag with the cellophanewrapped packages and, taking the packages from the bag, placed them on top of the suitcases.

The arm of the scale quivered, then went upwards.

The bailiff adjusted the sliding weight.

"One pound and three-quarters, Your Honor," he announced.

Judge Albert glanced at the prosecutor, then at Andrews. "Does the prosecution have any explanation for this?" he asked.

"No, Your Honor," Jerry Caswell said. "We feel that the material was found in the defendant's suitcase and therefore that she's responsible for it. After all, there was nothing to prevent her adding this material after the baggage had been weighed. She could have done it as easily as anyone else could have done it."

"Not so easy," Judge Albert said. "When the suitcases are checked on an airline, they're weighed on the scale at the time the passenger checks in, and the ticket clerk then takes them from the scale and sends them out to the airline.

"As far as this Court is concerned, the evidence is convincing and the case is dismissed."

Judge Albert stood up, looked down at the courtroom where people were still coming in through the doors and said, with a slight smile, "Court is adjourned."

One of the reporters rushed forward. "Your Honor, would you consider posing in front of the scale? We want to get a story and a picture, and we'd like to have some human interest."

Judge Albert hesitated.

"No objection whatever on the part of the defendant," Mason announced in a loud voice.

Judge Albert looked at Jerry Caswell.

Caswell avoided his glance.

Judge Albert smiled. "Well, if you want to have human interest, you'd better have the defendant standing beside me and pointing out that it's her baggage that's being weighed."

The reporters and photographers gathered around the scales.

"And let it appear that these pictures were taken after court had adjourned," Judge Albert said. "I've always been broadminded about publicity photographs in my court, although I know there are judges who object. However, I am not entirely unaware of the fact that when this defendant was arrested, the story was given a great deal of publicity and it seems to me only fair to see that her exoneration should also be accompanied by a reasonable amount of publicity."

Judge Albert took his position in front of the scales and beckoned to Virginia to come and stand at his side.

Mason escorted the nervous defendant up to a position beside the judge.

"Come on and get in this picture, Mason," Judge Albert invited.

"I think I'd better not," Mason said. "That will make the picture look posed and artificial and it may not be in the best taste from the standpoint of legal ethics; but the picture of you 'weighing the evidence' will attract a lot of attention."

Judge Albert nodded, said to Virginia, "Now, Miss Baxter, if you'll just look at the beam on the scales here, I'll bend over and be adjusting it-No, no, don't look at the camera, look at the scales. Turn a little if you want to so you can get your best angle for the camera."

Judge Albert put a hand on her shoulder, bent over and moved the balancing weight back and forth on the beam, and gleeful photographers exploded flash bulbs in rapid succession.

Judge Albert straightened, looked at Mason, then beckoned to the district attorney and led the two attorneys out of earshot of the reporters.

"There's something very fishy about this case," Judge Albert said. "I would suggest, Mr. Caswell, that you check very carefully on the person who gave you this information, or rather misinformation which resulted in a search of that suitcase."

The prosecutor said hotly, "That person has always been on the up-and-up with us; his information has been reliable."

"Well, it wasn't reliable in this case," Judge Albert said.

"I'm not so certain about that," Caswell retorted. "After all, it's not entirely impossible that the bags could have been tampered with."

"I think they were," Judge Albert said bitingly, "but I think the tampering occurred after the bag was checked by Miss Baxter and before it was taken off the revolving rack.

"After all, this Court wasn't born yesterday and after you see defendants coming and going, day in and day out, you have an opportunity to learn something about human nature. This young woman isn't a dope pusher."

"And after you've seen Perry Mason pull grandstand after grandstand," Caswell rejoined, "you learn something about dramatics. This scene the Court has just participated in is going to give aid and comfort to a lot of persons who don't wish law enforcement any good."

"Law enforcement had better become more efficient then," Judge Albert snapped. "There was no objection to calling photographers to photograph this young woman when her suitcase was opened, and heaven knows how much harm was done her at that time. I only hope there will be enough publicity in connection with the events of the last hour to more than offset the unfavorable publicity which was given her at the time of her arrest."

"Well, don't worry," Caswell said bitterly, "this picture will go out over the wire services and make about a third of the papers in the United States."

"Let's hope it does," Judge Albert said, and turning on his heel, headed for chambers.

Caswell walked away without a word to Mason.

Mason rejoined Virginia Baxter. "Want to go in the witness room where we can sit down and talk for a minute?" Mason asked.

"Anything," she said. "Anything, Mr. Mason."

"I just want a word with you," Mason said.

He led her into the witness room, held a chair for her, sat down opposite her and said, "Now look, who would have it in for you?"

"You mean to try and frame me on a narcotics charge?"

"Yes."

"Heavens, I don't know."

"Your husband?"

"He was very bitter."

"Why?"

"I wouldn't give him a divorce."

"Why not?"

"He was a sneak, a liar and a cheat. He was carrying on with another woman all the time I was working my head off trying to help us get ahead.

"He even dipped into the joint account we had in order to help finance a car for this woman; then they had the unmitigated gall to tell me that people couldn't control their emotions, that a man would fall in love and he'd fall out of love and there was nothing that could be done about it."

"How long ago was this?"

"About a year."

"And you didn't give him his freedom?"

"No."

"You're still married?"

"Yes."

"How long since you've seen him?"

"Not since that big blowup, but he has called me up on the phone once or twice and asked if I had changed my mind."

"And why haven't you changed your mind?" Mason asked.

"Because I'm not going to let them play fast and loose with me that way."

Mason said, "All right, you're going to remain married to him. What advantage will that be to you?"

"It won't be any advantage to me but it will keep them from taking advantage of me."

"In other words, anything that will be a detriment to the pair of them will be to your advantage. Is that the way you feel?"

"Well, something like that."

Mason regarded her steadily. "Is that the way you want to feel?"

"I… I just wanted to gouge her eyes out. I wanted to hurt her in every way I could."

Mason shook his head. "There's no percentage in that, Virginia. Ring him up and tell him that you've decided to let him have a divorce, that you'll file the divorce action-there's nothing in your religion against it, is there?"

"No."

"No children?"

"No."

Mason spread his hands in a little gesture. "There you are," he said. "You have a future, too, you know."

"I… I-"

"Meaning you've met someone in whom you're interested?" Mason asked.

"I… I have met lots of people and, for the most part, I have been plenty sour on men."

"But lately you've met one who seems to be different?"

She laughed nervously. "Must you cross-examine me now?" she asked.

Mason said, "Whenever you've made a mistake in life, the best thing to do is to wipe the slate clean and put that mistake behind you.

"However, what I wanted to talk to you about was the fact that someone is trying to put you in a position where you'll be discredited.

"I don't know who it is, but it's some person who has a certain amount of ingenuity and, apparently, some underworld connections.

"That person has struck once. You've avoided the trap, but other traps can be set and that person can strike again. I don't like it and if there's any possibility it's your husband, I'd like to eliminate him from the picture.

"There is, of course, the woman with whom your husband was in love and with whom, I presume, he is now living.

"Do you know her? Do you know anything about her background?"

"Not a thing. I know her name and that's just about all. My husband was very careful that I didn't learn too much about her."