Professional Documents
Culture Documents
07 The Case of The Caretakers Cat
07 The Case of The Caretakers Cat
No. 7
Caretakers Cat
By Erle Stanley Gardner
Chapter 1
Perry Mason, criminal lawyer, frowned at Carl Jackson, one of his assistants. At the
corner of the desk, knees crossed, pencil poised over an open notebook, Della Street,
Perry Masons secretary, regarded both men with level, contemplative eyes.
Mason held in his hand a typewritten memorandum.
About a cat, eh? he asked.
Yes, sir, Jackson said. He insists upon seeing you personally. Hes a crank. I
wouldnt waste time on him, sir.
Shriveled leg and a crutch, I believe you said, Mason observed musingly,
consulting the memorandum.
Thats right. Hes about sixty-five. He said he was in an automobile accident about
two years ago. His employer was driving the car. Ashton thats the man who wants to
see you about the cat got a broken hip and some of the tendons in his right leg cut.
Laxter, his employer, had his right leg broken just above the knee. Laxter wasnt a young
man himself. I think he was sixty-two at the time of his death, but his leg healed up okay.
Ashtons leg didnt. Hes been on crutches ever since.
I suppose that was one of the reasons why Laxter was so careful to make provision
for the caretaker in his will. He didnt leave Ashton a sum of money outright, but
stipulated that the beneficiaries under his will should give Ashton a perpetual job as
caretaker so long as he was able to work, and furnish a home for him when he was no
longer able to work.
Perry Mason said, frowning, Thats an unusual will, Jackson.
The young lawyer nodded agreement. I shall say its an unusual will. This man,
Laxter, was a lawyer. He left three grandchildren. One of them, a girl, was completely
cut off by the will. The other two divided the property share and share alike.
How longs he been dead?
About two weeks, I think.
Laxter Laxter wasnt there something in the paper about him? Didnt I read
something about a fire in connection with his death?
Thats right, sir, Peter Laxter. He was said to be a miser. He certainly was eccentric.
He had a mansion here in the city and wouldnt live in it. He left this man Ashton in
charge as the caretaker. Laxter lived in a country house at Carmencita. The house caught
fire at night, and Laxter was burned to death. The three grandchildren and several
servants were in the house at the time. They all escaped. Ashton says the fire started in or
near Laxters bedroom.
The caretaker there at the time? Mason asked.
No. He was in charge of the city house.
The grandchildren living there now?
Two of them are the two who inherited. Samuel C. Laxter, and Frank Oafley. The
granddaughter, who was disinherited, Winifred Laxter, isnt there. No one knows where
she is.
And Ashton is waiting in the outer office? Mason inquired, his eyes twinkling.
Yes, sir. He wont see anyone except you.
Specifically, whats his trouble?
Sam Laxter admits he is obligated, under the will, to furnish Ashton with a job as
caretaker, but claims he isnt obligated to keep Ashtons cat in the house. Ashton has a
big Persian cat. He is very much attached to it. Laxter has served notice that Ashton can
either get rid of the cat, or it will be poisoned. I could handle it, only Ashton insists on
seeing you or no one. I wouldnt take up your time with it only you insist upon knowing
all about the clients who come to the office and wont let any of us handle their cases.
Mason nodded, and said, Right. You cant ever tell when something seemingly
trivial may develop into something big. I remember the time Fenwick was trying a murder
case and a man came to the office and insisted on seeing him about a battery case.
Fenwick tried to turn him over to a clerk and the man left the office in a rage. Two months
after Fenwicks client had been hanged, Fenwick found out the man wanted to see him
about having the prosecuting witness in the murder case arrested for assault and battery
growing out of an automobile accident. If Fenwick had talked with that man he would
have found out the prosecuting witness couldnt have been where he said he was at the
time the murder was committed.
Jackson had heard the story before. He nodded with courteous attention. In a tone
which showed very plainly he thought the troubles of Mr. Ashton had occupied far too
much of the time allotted for the morning conference, he inquired, Shall I tell Mr. Ashton
we cant handle it?
Has he any money? Mason inquired.
I dont think so. Under the will he was left a perpetual job as caretaker. That job
pays him fifty dollars a month, and his board and room.
And hes an old man? Mason inquired.
Reasonably so. An old crank, if you ask me.
But he loves animals, Mason remarked.
He is very much attached to his cat, if thats what you mean.
Mason nodded slowly, and said, Thats what I mean.
Della Street, more familiar with Masons moods than the assistant attorney, entered
the conversation with the easy familiarity of one who works in an office where there is but
little formality.
You just finished a murder case, Chief. Why not let the assistants handle things
while you take a cruise to the Orient? It will give you a rest.
Mason regarded her with twinkling eyes. Who the devil would take care of Ashtons
cat, then?
Mr. Jackson could.
He wont see Jackson.
Then let him find some other attorney. The city is overrun with attorneys. You
cant afford to take your time to bother with a cat!
An old man, Mason said, almost musingly, a crank probably friendless. His
benefactor is dead. The cat represents the only living thing to which hes attached. Most
lawyers would laugh the case out of the office. If some lawyer took the case, he wouldnt
know where to begin. God knows theres no precedent to guide him.
No, Della, this is one of those cases that seems so trivial to the lawyer, but means
so much to the client. A lawyer isnt like a shopkeeper who can sell his wares or not as
he chooses. He holds his talents in trust for the unfortunate.
Della Street, knowing what was to come, nodded to Jackson and said, You may
ask Mr. Ashton to step in.
Jackson gave a half-hearted smile, gathered up his papers and left the room. As
the door clicked shut, Della Streets fingers closed about Perry Masons left hand.
You are only taking that case, Chief, because you know he cant afford to pay any
other good lawyer to handle it.
Mason, grinning, replied, Well, you must admit that a man with a shriveled leg, a
crabby disposition, a Persian cat, and no money, is entitled to a break once in a while.
The sounds of a crutch and a foot alternated in the long corridor. Jackson held
open the door after the manner of one who, having counseled against an unwise act, is
very definitely keeping clear of the consequences.
The man who entered the room was wizened with age. He had thin lips, bushy
white eyebrows, a bald head, and unsmiling features. This is the third time I have been
in to see you, he said irritably.
Mason indicated a chair. Sit down, Mr. Ashton. I am sorry. I have been trying a
murder case. Whats the name of your cat?
Clinker, Ashton said, sitting down in the big, overstuffed, black leather chair,
standing his crutch straight in front of him, holding it with both hands.
Why Clinker? Mason asked.
The mans lips and eyes remained unsmiling. A bit of humor.
Humor? Mason inquired.
Yes, I used to have a job firing a boiler. Clinkers get in the way and clutter things
up. When I first got the cat, I called him Clinker because he was always in the way
always cluttering things up.
Attached to him? Mason inquired, in a voice which was elaborately casual.
The only friend I have got left in the world, Ashton said rather gruffly.
Mason raised his eyebrows.
I am a caretaker. A caretaker doesnt really work. He just keeps an eye on things.
The big house has been closed up for years. The master lived in a place at Carmencita.
All I did was just putter around the big place, keep up the yard and sweep off the front
steps. Three or four times a year the master had the place thoroughly cleaned; the rest
of the time the rooms were all shut, locked, and the shutters drawn.
No one lived there?
No one.
Why didnt he rent the place? Mason asked.
It wasnt his way.
And he left a will providing for you?
That he did. The will keeps me in my job while I am able to work and takes care
of me whenever I cant work.
The heirs are two grandchildren?
Three. Only two are mentioned in the will.
Tell me about your troubles, Mason invited.
The master was burned to death when the country home caught fire. I didnt know
about it until they telephoned me the next morning. After the death, Sam Laxter took
charge. He is a nice boy to look at, and he will fool you if you let him, but he doesnt like
animals and I dont like people who cant get along with animals.
Who was in the house at the time it burned? Mason asked.
Winifred thats Winifred Laxter. She is a granddaughter. Then there was Sam
Laxter and Frank Oafley theyre grandsons. Mrs. Pixley was there shes the housekeeper. And there was a nurse Edith DeVoe.
Anyone else? Mason asked.
Jim Brandon, the chauffeur. He is a smooth one. He knows which side of the
bread his butters on, all right. You should see the way he toadies to Sam Laxter.
Ashton pounded on the floor with the tip of his crutch to emphasize his disgust.
Who else? Mason asked.
Ashton checked off the people he had named on his fingers, then said, Nora
Abbington.
Whats she like? Mason asked, very evidently enjoying seeing these various
characters through Ashtons cynical eyes.
A big cow, Ashton said. A docile, trusting, good-natured, big-eyed clod. But she
wasnt there when the house burned. She came in and worked by the day.
After the house burned there was no more work for her? Mason inquired.
reference to his rights under the will of the late Peter Laxter. Under the provisions of that
will, you were obligated to furnish Mr. Ashton with a position as caretaker during the
period of his ability to work in that capacity.
It is only natural that Mr. Ashton should wish to keep his cat with him. A caretaker
is entitled to pets. This is particularly true in the present case, because the pet was
maintained during the testators lifetime.
In the event that you should injure Mr. Ashtons pet, it will be necessary for me to
contend that you have breached a condition of the will and have, therefore, forfeited your
inheritance.
Perry Mason grinned at Della Street. That should throw a scare into him, he
remarked. If he thinks he is fighting over his entire inheritance instead of just a cat, he
will decide not to take any chances.
He turned to Ashton, nodded reassuringly. Leave ten dollars with the bookkeeper
as a retainer. She will give you a receipt. If anything develops I shall write to you. If you
find out anything, ring up this office and ask for Miss Street she is my secretary. You can
leave any message with her. Thats all for the present.
Ashtons gnarled hands tightened about the crutch. He pulled himself to his feet,
slipped the crutch under his arm. Without a word of thanks or farewell, he hobbledybanged from the office.
Della Street looked at Perry Mason with surprised eyes.
Is it possible, she asked, that this grandson might forfeit his inheritance if he
threw out the cat?
Stranger things have happened, he answered. It depends on the wording of the
will. If the provision about the caretaker is a condition to the vesting of the inheritance, I
might be able to make it stick. But, you understand, all I am doing now is throwing a scare
into Mr. Samuel C. Laxter. I think we will hear from that gentleman in person. When we
do, let me know Thats what I like about the law business, Della its so damned
diversified A caretakers cat!
He chuckled.
Della Street closed her notebook, started toward her own office, paused at the
window to look down at the busy street. You saved him two hundred and forty dollars,
she said, her eyes aimlessly watching the snarl of city traffic, and he didnt even thank
you.
A breath of wind, blowing in through the open window stirred her hair. She bent
forward from the waist, leaning out to catch the breeze, filling her lungs with the fresh
air.
Probably he is just peculiar, Mason said. He certainly is a shriveled-up specimen
Dont lean too far out there, Della ... You must remember he likes animals, and he is not a
young man any more. Regardless of what age he claims, he must be more than seventyfive . . .
Della Street straightened. With a quick twist of her lithe body, she turned to face
Perry Mason. She was frowning. It might interest you to know, she said, that someone
is shadowing your cat-loving client.
Perry Mason shoved back his chair as he got to his feet, strode across the office.
He braced himself with one arm on the window ledge, the other around Della Streets
waist. Together, they stared down at the street.
See? he said. That man with the light felt hat. He darted out of a doorway See,
he is getting into that car.
One of the new Pontiacs, Mason said speculatively. What makes you think he
was following Ashton?
The way he acted. I am certain of it. He jumped out of the doorway See, the car
is barely crawling along just to keep Ashton in sight.
Ashton hobbled around the corner, to the left. The car followed him, apparently
crawling in low gear.
Mason, watching the car in frowning speculation, said, A million dollars in cash is
a whale of a lot of money.
Chapter 2
Morning sun, streaming in through the windows of Perry Masons private office,
struck the calf-skin bindings on the shelved law books and made them seem less grimly
foreboding.
Della Street, opening the door from her office, brought in a file of mail and some
papers. Perry Mason folded the newspaper he had been reading, as Della Street seated
herself, pulled out the sliding leaf of the desk, and held her fountain pen poised over an
open notebook.
Lord, but you are chockful of business, Perry Mason complained. I dont want to
work. I want to let down and play hookey. I want to do something I shouldnt. My Lord,
you would think I was a corporation lawyer, sitting at a desk, advising banks and
probating estates! The reason I specialized in trial law was because I didnt like the
routine, and you are making this business more and more of a job and less and less of an
adventure.
Thats what I like about the practice of law its an adventure. You are looking
behind the scenes at human nature. The audience out front sees only the carefully
rehearsed poses assumed by the actors. The lawyer sees human nature with the shutters
open.
If you will insist on mixing into minor cases, she said acidly, with that degree of
familiarity which comes from long and privileged association in an office where
conventional discipline is subordinated to efficiency, you will have to organize your time
so you can handle your work. Mr. Nathaniel Shuster is in the outer office waiting to see
you.
Perry Mason frowned. Shuster? he said. Why, he is a damned jury-briber a
pettifogger. He poses as a big trial lawyer, but hes a bigger crook than the people he
defends. Any damn fool can win a case if he has the jury bribed. What the devil does he
want?
He wishes to see you in regard to a letter you wrote. His clients are with him Mr.
Samuel C. Laxter and Mr. Frank Oafley.
Abruptly Perry Mason laughed. The caretakers cat, eh? he asked.
She nodded.
Mason pulled the file of mail over toward him. Well, he said, as a matter of
professional courtesy, we wont keep Mr. Shuster waiting. We will take a quick run
through this important stuff and see if there are any telegrams to be sent out.
He looked at a folder, and frowned. Whats this? he asked.
Quotations from the N.Y.K. Line on a deluxe single stateroom on the Asamu
Maru stops at Honolulu, Yokohama, Kobe, Shanghai and Hong Kong.
Who made the inquiry?
I did.
He pulled a letter from the pile of mail, stared at it, and said, The Dollar Steamship
Company quotations on a deluxe single stateroom on the President Coolidge
Honolulu, Yokohama, Kobe, Shanghai, Hong Kong and Manila.
Della Street continued to look demurely at her notebook.
Perry Mason laughed, and pushed the pile of mail away.
We will let it wait, he said, until after we have disposed of Shuster. You sit right
there and if I nudge your knee, start taking notes. Shusters a pretty slippery customer. I
wish he would have his teeth fixed.
She raised her eyebrows in silent inquiry.
Franklin teeth, he told her, and they leak.
Franklin teeth? she asked.
Yes, air-cooled, you know. If theres anything in reincarnation, he must have been
a Chinese laundryman in a prior existence. Every time he snickers, he sprays his
audience, like a Chinese laundryman sprinkling clothes. He has a fondness for shaking
hands. Personally I dont like him, but you cant insult him. I suppose the situation calls
for some show of professional courtesy; but, if he tries to slip anything over on me, I
am going to forget the ethics of the situation and kick him out.
The cat, she said, must feel flattered so many busy attorneys putting in their
time deciding whether he is going to get his muddy feet on a bedspread.
Perry Mason laughed outright.
Go ahead, he said, rub it in! Oh, well, I am in for it now. Shuster will try to egg
his clients into a fight, and I shall either have to back up or play into his hands. If I back
up, he makes his clients believe he has browbeaten me into submission, and charges
them a good fee. If I dont back up, he tells them their whole inheritance is involved
and soaks them a percentage. Thats what I get for running that bluff about a forfeiture
of the inheritance.
Mr. Jackson could talk with them, she suggested.
Perry Mason grinned good-naturedly. Nope, Jackson isnt accustomed to having
his face sprinkled. I have met Shuster before. Lets get them in.
He lifted the telephone, said to the girl at the desk, Send Mr. Shuster in.
Della Street made one last appeal, Oh, please, Chief, let Jackson handle it. You will
get into an argument, and the first thing we will know, you will be putting in all of your
time fighting over a cat.
Cats and corpses, Mason remarked. If it isnt one it seems to be another. I have
been fighting over corpses for so long, a good live cat will be a welcome diversion
from
The door opened. A blonde with wide blue eyes said in a lifeless voice, Mr.
Shuster, Mr. Laxter, Mr. Oafley.
The three men pushed the doorway into the room. Shuster, small-boned and
active, was in the lead, bustling about like a sparrow peering under dead leaves. Good
morning, Counselor, good morning, good morning. Going to be warm today, isnt it?
He bustled across the room, hand outstretched. His lips twisted back, disclosing a
mouthful of teeth, between each of which was a well-defined space.
Mason, seeming to tower high above the little man, extended a reluctant hand
and said, Now lets get these people straight. Which is Laxter and which is Oafley?
Yes, yes, yes, of course, of course, Shuster said. This is Mr. Laxter Mr. Samuel
C. Laxter. He is the executor of the will a grandson of Peter Laxter.
A tall man with dark skin, smoldering black eyes and hair which had been carefully
marcelled, smiled with that oily affability which speaks of poise rather than sincerity. A
large cream-coloured Stetson hat was held in his left hand.
And this is Frank Oafley. Frank Oafley is the other grandson, Counselor.
Oafley was yellow-haired and thick-lipped. His face seemed unable to change its
expression. His eyes had the peculiar watery blue tint of raw oysters. He had no hat.
He said nothing.
My secretary, Miss Street, Perry Mason remarked. If theres no objection, she
will be here during the conference and take such notes as I may wish.
Shuster chuckled moistly. And if there is any objection, I suppose she will stay here
anyway, eh? Ha, ha, ha. I know you, Counselor. Remember, it isnt as though you were
dealing with someone who didnt know you. I know you well. You are a fighter. You are to
be reckoned with. Its a matter of principle with my clients. They cant knuckle under to a
servant. But they have got a fight on their hands. I told them you were a fighter, I warned
them. They cant say I didnt warn them!
Sit down, Mason said.
Shuster nodded to his clients, indicating the chairs which they were to take. He
sank in the big overstuffed leather chair himself and seemed almost lost in the space of
it. He crossed his legs, pulled down his cuffs, adjusted his tie, beamed at Mason and
said, You cant make it stick. Its a matter of principle with us. We will fight to the last
ditch. But its a serious matter, all right.
Whats a serious matter? Mason asked.
Your contention about that being a condition in the will.
And whats the matter of principle? Mason inquired.
Why, Shuster remarked, showing surprise, the cat, of course. We cant stand it.
But, more than that, we cant stand to have this caretaker start dictating. Hes too officious
already. You understand, when a person cant discharge his hired help, it doesnt take
long for that help to get completely out of hand.
Has it ever occurred to you, Mason asked, letting his eyes shift from Shusters
face to the faces of the two grandchildren, that you folks are making a mountain out
of a molehill? Why dont you let poor Ashton keep his cat? The cat wont last forever
and Ashton wont either. Theres no reason for spending a lot of money on lawyers,
and
Not so fast, Counselor, not so fast, Shuster broke in, sliding forward on the smooth
leather of the chair until he sat on the very edge of it. Its going to be a hard fight; its
going to be a bitter fight. I have warned my clients of that. You are a resourceful man.
You are a sly man. If you dont mind the expression, I shall say you are a cunning man.
Lots of us would take that as a compliment; I take that as a compliment myself. Lots of
times my clients say, Shuster is cunning. Do I get sore? I dont! I say thats a compliment.
Della Street glanced at Perry Mason, her eyes showing amusement. Masons face
was momentarily becoming more granite-hard.
Shuster went on, speaking rapidly, I warned my clients that Winifred was going
to try to break the will. I knew that she would try it by every means in her power, but
she couldnt claim the grandfather was of unsound mind, and theres no question of
undue influence. So she had to get something she could tie to, and she picked on
Ashton and his cat.
There was anger in Masons voice. Look here, Shuster, cut out this flimflamming.
All I want is to have the caretaker left with his cat. Your clients dont need to spend any
money fighting. The amount that its costing just to have this conference would more
than pay for all the bedspreads the cat could soil in ten years.
Shusters head bobbed up and down eagerly. Thats what I have told them all
along, Counselor. A poor compromise is better than a good lawsuit. Now, if you are
willing to compromise, we are.
On what basis? Mason inquired.
Shuster recited his proposed compromise with a glibness which showed much
rehearsal. Winifred signs an agreement that she wont contest the will. Ashton signs a
paper that he knows that the will is genuine; that it was executed by the old man when
he was of sound and disposing mind and memory, and then Ashton can keep his cat.
Masons voice was edged with irritation. I dont know anything about Winifred, he
said. I have never met her and havent talked with her. I cant ask her to sign anything.
Shuster glanced triumphantly at the two clients. I told you he was clever, he said. I
told you it was going to be a fight.
Winifred doesnt enter into it, Mason said. Now lets come down to earth and
talk sense. All I am interested in is this damned cat.
There was a moment of silence, broken by Shusters moist chuckle.
Sam Laxter, glancing at the growing rage of Masons features, took a hand in the
conversation. Of course, you will admit you threatened to invalidate my inheritance. I
know that wouldnt have come from Ashton. We have been expecting Winifred to
contest the will.
There was something smoothly ingratiating in his tone, a suave smirking of the
vocal cords which made his voice seem like the smile of a courtesan.
All I want, Mason said, is to have that cat left alone.
And you will have Winifred sign a complete waiver? Shuster asked.
Mason faced him. Dont be a damn fool, he said. I am not representing
Winifred. I havent anything to do with her.
Shuster rubbed his hands gleefully. We couldnt settle on any other basis. Its a
matter of principle with us. Personally, I dont think thats a condition in the will, but its
open to controversy.
Mason got to his feet, like an angry bull turning to face a yapping terrier.
Now listen, he said to Shuster, I dont like to lose my temper unless someones
paying for it, but you have gone far enough.
Shuster chuckled. Clever! he said. Very clever. Cunning.
Mason took a step toward him.
You know damn well I am not representing Winifred. You know that the letter of
mine meant exactly what it said, but you knew you couldnt kid your clients into paying
big fees over a cat, so you dragged in this will-contest business. You laid this egg, and
you have brought your clients in to see it hatched. Not knowing Winifred and not
representing her, I naturally cant get her signature to anything. You have frightened
your clients into believing they have got to get Winifreds signature to a release. Thats
laying the foundation for a nice fat fee for you.
Shuster came up out of his chair. Thats slander! he screamed.
Mason face the two grandsons. Listen, he said, I am not your guardian. I am not
going to break my neck trying to save your money. If you two want to give that cat a
home, say so now; thats all there will be to it. If you dont I shall make Shuster earn his
fees by dragging you into the damnedest fight you have ever been in. I am not going to
be used as a bugaboo to frighten you two into sticking a fat fee on Shusters desk and
have him do nothing but rub his hands in order to earn it . . .
Have a care! Have a care! Shuster shouted, literally dancing about in his
indignation. You cant talk that way. Thats a violation of professional ethics. I shall report
you to the Grievance Committee. I shall sue you for slander.
Report, and be damned, Mason said. Sue and be doubly damned. Take your
clients and get out of here. By two oclock this afternoon you either notify me that cat
stays in the house, or you are going to have a fight on your hands all three of you. And
remember one thing about me when I start fighting I dont hit where the other mans
expecting the punch. Now dont say I didnt warn you. Two oclock this afternoon. Get
out.
Shuster pushed forward. You cant fool me for a minute, Perry Mason. You are
using this cat as a blind. Winifred wants to contest the will, and . . .
Perry Mason took two quick steps towards him. The little lawyer danced away,
turned and scuttled for the doorway. He pulled it open and shot through it.
We will fight! he called back over his shoulder. I am just as tough a fighter as you
are, Perry Mason.
Yes, Perry Mason sighed, you act like it.
Samuel Laxter hesitated for a moment, as though about to say something, then
turned and walked out of the office, followed by Oafley.
Perry Mason met Della Streets smiling eyes with a grin.
Go on, he said; say, I told you so.
She shook her head. Fight that little shyster off his feet! she said.
Mason looked at his watch. Ring up Paul Drake and ask him to be here at two
thirty.
And Ashton? she asked.
No, he told her. Ashtons got enough to worry about. I think this is going to be
a matter of principle all around.
Chapter 3
The clock on Perry Masons desk showed two thirty-five. Paul Drake, head of the
Drake Detective Agency, sat crosswise in the big leather chair, his knees draped over
one arm, the small of his back propped against the other. His mouth turned up at the
corners, giving an expression of droll humor to his face. It was as though he were on
the point of breaking into a smile. His eyes were large, protruding, and glassy.
Whats the grief this time? he asked. I didnt know thered been another murder.
It isnt a murder, Paul; its a cat.
A what?
A cat, a Persian cat.
The detective sighed and said, All right, then, its a cat. So what?
Peter Laxter, Mason said, probably a miser, had a house in the city that he
wouldnt live in. He stayed in his country place at Carmencita. The place burned up, and
Laxter burned up with it. He left three grandchildren: Samuel C. Laxter and Frank Oafley,
who inherit under his will, and a granddaughter, Winifred Laxter, who was left out in the
cold. His will contained a provision that Charles Ashton, his caretaker, was to be given a
perpetual job during his lifetime. Ashton had a cat. He wanted to keep the cat with him.
Sam Laxter told him to get rid of the cat. I sympathized with Ashton, wrote Laxter a
letter and told him to leave the cat alone. Laxter went to Nat Shuster. Shuster saw a
chance to horn in on a big fee, so he sold Laxter on the idea I was trying to break the
will; demanded a lot of impossible conditions from me in order to effect a settlement,
and when I didnt agree to them because I couldnt, he made the most of my refusal. I
presume he has collected a fat retainer.
What do you want? Drake inquired.
I am going to break that will, Mason said grimly.
The detective lit a cigarette and said, in his slow drawl, Going to break the will
over a cat, Perry?
Over a cat, Mason admitted, but really I am going to break Shuster, as well as
the will. Shuster has been setting himself up as a big-time criminal lawyer. I am tired of
it. He is a shyster, a suborner of perjury and a jury-briber. He is a disgrace to the
profession, and he gets us all into disrepute. My God, Paul, whenever he has a client he
not only tries to get that client off, but he deliberately frames evidence, so it will point
to some innocent party, in order to make his own case look better. He has been
boasting around town that if he ever runs up against me, he is going to show just how
smart he is. I am sick of him.
Have you got a copy of the will? Drake asked.
No, not yet. I am having a copy made from the probate records.
Has it been admitted to probate?
of the inheritance, and it may not even be a charge upon the estate. Its probably just the
expression of a wish on the part of the testator.
Masons face showed disappointment. Anything else? he asked.
Apparently Peter Laxter drew the will himself. I understand he practiced law for
several years in some eastern state. Its pretty much of an iron-clad job, but theres one
peculiar paragraph in it. We might be able to do something with that paragraph in a
contest.
What is it? Mason asked.
Jackson picked up the will and read from it: During my lifetime I have been
surrounded with the affectionate regard not only of those who were related to me, but
those who apparently hoped that fortuitous circumstance would include them in my
bounty. I have never been able to ascertain how much was intended to pave the way for
an inheritance under my will. If the latter is the case, I am afraid my legatees are doomed
to disappointment, because the extent of my estates will doubtless be disappointing to
them. However, I have one thought to offer in the nature of a condolence and at the
same time, a suggestion. While those who waited impatiently for my passing merely in
order to share in my estate are doomed to disappointment, those who had a genuine
affection for me are not.
Jackson ceased reading and looked owlishly across at Perry Mason.
Mason scowled and said, What the devil is he getting at? He disinherited Winifred,
and he left all of his property to two grandchildren, share and share alike. Theres nothing
in this paragraph which could change that.
No, sir, Jackson agreed.
He secreted something like a million dollars in cash shortly before his death, but
even if that is discovered, it would still pass as a part of his estate.
Yes, sir.
Unless, Mason said, he had made a gift of some sort before his death. And in
that event, the property would be owned by the person to whom it had been given.
Its a peculiar provision, Jackson remarked noncommittally. He might have made
a gift in trust, you know.
Mason said slowly, I cant help thinking of the sheaf of currency Charles Ashton had
in his pocket when he offered me a retainer... However, Jackson, if Peter Laxter gave
Ashton money ... well, theres going to be one hell of a fight over it trust or no trust.
Yes, sir, Jackson agreed.
Mason, nodding slowly, picked up the telephone which connected with Della
Streets office, and, when he heard her voice on the wire, said, Della, get hold of Paul
Drake and tell him to include Charles Ashton in his investigations. I want particularly to
find out about Ashtons financial affairs whether he has any bank account; whether he
has filed any income tax return; whether he owns any real property; whether he has any
money out at interest; how much he is assessed for on the assessment roll, and anything
else Paul can find out.
Yes, sir, Della Street said. You want that information in a hurry?
In a hurry.
The Dollar Line said they would hold a reservation until tomorrow morning at ten
thirty, Della Street remarked in tones of cool efficiency, and then slid the receiver back
on the hook, terminating the connection, leaving Perry Mason grinning into a dead
transmitter.
Chapter 4
The office workers had long since gone home. Perry Mason, his thumbs tucked in
the armholes of his vest, paced the floor steadily. On the desk in front of him was a
copy of the Last Will and Testament of Peter Laxter.
The telephone rang. Mason scooped the receiver to his ear, and heard Paul Drakes
voice saying, Have you had anything to eat?
Not yet. I dont care much about eating when I am thinking.
How would you like to listen to a report? the detective asked.
Swell.
It isnt complete yet, but I have got most of the high spots.
All right, suppose you come in.
I think I can work it to better advantage if you will join me, Drake said. I am down
on the corner of Spring and Melton Streets. There is a waffle joint down here and we can
have a bite to eat. I havent had any dinner and my stomach thinks I am on a hunger
strike.
Mason frowningly regarded the will on his desk.
Okay, he said, I shall come down.
He switched out the lights, took a cab to the place Drake had indicated, and stared
into the detectives pop-eyes. You look as though you had something up your sleeve,
Paul. Theres a cat-licking-the-cream expression on your face.
Is there? I could use a little cream.
Whats new?
I shall tell you after we eat. I refuse to talk this stuff on an empty stomach... My
God, Perry, snap out of it. You would think this was another murder case, the way you are
prowling around on it. Its just a case involving a damned cat. I shall bet you didnt get
over fifty dollars out of it as a fee, did you?
Mason laughed, and said, Ten, to be exact.
There you are, Drake remarked, as though addressing an imaginary audience.
The fee has nothing to do with it, Mason said. A lawyer has a trust to his client.
He can set any fee he pleases. If the client doesnt pay it, the lawyer doesnt need to
take the business; but if a client pays it, it doesnt make any difference whether its five
cents or five million dollars. The lawyer should give the client everything he has.
You couldnt practice law on that sort of theory unless you were a damned
individualist, Perry. . . Heres the waffle joint. Come on in.
Mason stood in the doorway, looking dubiously into the lighted interior. A young
woman, with dark hair, laughing eyes, and full, red lips, was presiding over a battery of
waffle irons. The only customer in the place paid his cheque. She rang up the money in
the cash register, flashed him a bright smile, and started wiping off the counter.
I dont think I want a waffle, Mason said.
The detective, taking him by the arm, gently pushed him through the door, saying,
Sure, you want a waffle.
They seated themselves at the counter. Dark eyes flashed to their faces as the full,
red lips gave a quick smile.
Two waffles, Drake said, stripped with bacon.
The young womans hands became a blur of swift efficiency as she poured waffle
dough and spread strips of bacon on a hot plate.
Coffee? she asked.
Coffee, Drake said.
Now? she asked.
Now.
She drew two cups of coffee, placed them, with a little pitcher of cream at each
plate. She produced paper napkins, arranged silverware, put down glasses of water and
butter.
Drake raised his voice, while steam simmered up from the waffle irons.
Do you think you can bust Pete Laxters will, Perry?
I dont know, Mason admitted. Theres something queer about that will. I have
been stewing over the thing for three hours.
Seems funny that he would have disinherited his favorite grandchild, the detective
went on in a loud voice. Sam Laxter went in for bright lights, and dissipation. The old
man didnt like it. Oafley is a secretive, non-social duck. The old man didnt care much for
him. Hes too damned negative.
The young woman behind the counter turned the bacon, flashed them a swift
glance.
It takes a lot to bust a will, doesnt it? Drake persisted.
An awful lot, Mason admitted wearily, if you try to break it on the ground of
undue influence, or unsoundness of mind. But I am telling you, Paul, I am going to
break that will.
A plate banged down on the counter explosively.
Mason raised perplexed eyes to encounter a flushed countenance, straight
determined lips, blazing black eyes. Say, the girl said, what kind of a game is this? I am
making my own way without asking odds of anyone, and you came. . .
Paul Drake waved a hand with the studied nonchalance of one who is creating a
sensation, but wishes to make it appear it is all in the days work.
Perry, he said, meet Winifred.
Masons face showed such unmistakably genuine surprise that the indignation
faded from Winifred Laxters eyes.
Didnt you know? she asked.
Mason shook his head.
She pointed to the sign on the outside of the place. You should have known
from the sign WINNIES WAFFLES.
I didnt read the sign, Mason said. My friend brought me in here. What was the
idea, Paul, trying to make a grandstand, or pull a rabbit from the hat, or something?
Drake, caressing his coffee cup with the tips of his fingers, gave a slow smile.
I wanted you two to get acquainted. I wanted my friend here to see how you ran
the place, Miss Laxter. Most people would think an heiress couldnt turn to running a
waffle kitchen.
I am not an heiress.
Dont be too sure, Drake told her. This is Perry Mason, the lawyer.
Perry Mason, she repeated slowly. Her eyes widened slightly.
Heard of him? Drake asked.
Who hasnt? she said, and coloured.
I wanted to ask you some questions about your grandfather, Mason said. I
employed Mr. Drake to locate you.
She opened the waffle iron, took out two crisply brown waffles. Moving with swift
efficiency, she poured melted butter on the waffles, set out a pitcher of syrup, handed
each a waffle and strips of golden-brown bacon on a side dish.
A little more coffee? she asked.
No, this will be fine, Mason assured her.
He put syrup on the waffle, cut into it, and his face showed surprise as he conveyed
a piece to his mouth.
Paul Drake, at his side, chuckled and said, I dont know what the case is worth to
you, Perry, but these waffles are a pretty good fee in themselves.
Where did you learn how to make these waffles? the lawyer wanted to know.
I studied cooking, and Grandpa used to like these waffles. When I found myself out
on my own, I figured it would be a good plan to make waffles. Things are rather quiet
now, but an hour ago there was a rush, and after the theater, there will be another big
rush. Then, of course, theres a big trade in the morning.
Who handles the morning trade? Mason asked.
I do.
And the after-theater trade?
She nodded. I am working for myself, not employing anyone, so theres no law to
keep me from working as long as I want to.
Drake nudged Masons leg under the table and said, out of the side of his mouth,
Get a load of the bird looking in the window.
Mason raised his eyes.
Nat Shuster, his lips twisted back from his separated teeth, was jerking his head up
and down in an effusive salutation. As soon as he realized Mason had seen him, he
walked on past the window.
Mason saw the puzzled expression on Winifred Laxters face.
Know him? he asked.
Yes. He is a customer. Been eating here for two or three days now. He had me
sign a paper tonight.
Mason slowly placed his knife and fork by the side of his plate. Oh, he said, he
had you sign a paper, did he?
Yes. He said he was a friend and that he knew I would want to help carry out
Grandfathers intentions; that even if I hadnt been remembered in the will, he knew
that I would be broad-minded enough to realize Grandpa could do what he wanted to
with his property; that unless the other two grandchildren could cut some red tape,
they would have to wait quite a while to get everything cleaned up, but I could cut
some of the red tape and help them out if I would sign a paper.
What sort of a paper was it?
I dont know. It was something that said I knew Grandpa wasnt crazy, that I was
satisfied with the will and wouldnt do anything to contest it. . . But of course I wouldnt
have done that anyway.
Drake looked at Perry Mason significantly.
Did he pay you anything? Mason asked.
He insisted on giving me a dollar. He walked out and left it on the counter. I
laughed at him and told him I didnt want anything at all; but he said I would have to
take the dollar to make it legal. He was very nice. He said he liked the waffles and was
going to advertise the place among his friends and send me a lot of customers.
Perry Mason started in once more on his waffle. Yes, he said slowly, he would.
Winifred Laxter rested her hands on the shelf supporting the battery of waffle
irons. I take it, she said, I have been trimmed. Is that right?
Mason looked searchingly into her eyes. Drake was the one who answered the
question. He nodded and said, In a big way.
Winifred leaned closer to them. Okay. Now let me tell you something. I dont
care. I knew Sam Laxter had sent that fellow in here, and had a pretty good idea he was
a lawyer. I knew he was trying to get me to sign away something, and I knew he was
doing that because he was afraid I could make trouble.
Now, I dont know what you two are in here for, but probably you are trying to line
me up so you can start a lawsuit, so lets come out in the open and understand each
other. Then you can enjoy eating your waffles a lot more.
Grandfather wasnt a fool. He knew what he was doing. He decided to leave his
property to the two boys. Thats swell. It suits me right down to the ground. We, all three
of us, had been living with him for years. We had grown accustomed to having him pay
our bills. We didnt worry about money. We didnt care whether there was a depression,
unemployment, or panic. Grandpa had his money, and he had it in cold cash. He dished it
out to us generously.
What was the result? We were out of touch with the world. We didnt know what
was going on and we didnt care. We were young people who might just as well have
been retired and living in an institution for the aged and infirm.
I had a couple of boyfriends who were rushing me to death. I couldnt decide
which I liked the better. They were both perfectly swell. Sometimes I thought I liked
one; sometimes I thought I liked the other. Then Grandfather died. I was disinherited. I
had to get out and get to work. I picked up this business and began to learn about life.
I have seen more people, made more contacts, had more fun living and working in this
place than I ever had being the pampered pet of a rich granddad. And I am finished
with all of the petty jealousies and intrigue of the two grandsons who were afraid I was
going to get all of the property. One of my boyfriends decidedly lost interest in me as
soon as he found out I wasnt going to have a million dollars or so in my own name.
The other one is tickled to death because he wants to support me.
Now then, figure that out, and see if you think I am going to walk into court,
drag out a lot of dirt about Grandpa and the other two grandchildren, and either wake
up with a headache or with a slice of property that I dont want.
Perry Mason slid his coffee cup across the counter.
Give me another cup of coffee, Winnie, and I shall send all of my friends in here.
Her flashing eyes stared steadily into the lawyers for a moment; then, recognizing
a kindred spirit, she broke into a light laughter and said, I am glad you understand. I
was afraid you wouldnt.
Paul Drake cleared his throat.
Look here, Miss Laxter, its all right for you to feel that way, but dont forget you
may not always feel that way. Money is hard to get. You have been tricked into signing
something we could set aside. . .
Winifred handed Perry Mason a full coffee cup, and said to him significantly, Tell
your boyfriend what its all about, will you?
Mason interrupted Paul Drake by placing a hand on Pauls arm, digging in with his
powerful fingers. Paul, you dont get the sketch. You are too damned commercial. Why
not forget about money and laugh at life? It isnt the future that counts; its the present.
It isnt what you save; its what you make, and the way you make it.
Winifred nodded. The detective shrugged his shoulders, and said, Its your
funeral.
Perry Mason finished his waffle, eating slowly and appreciatively. You are going
to make a success, he said, as he pushed back his empty plate.
I have already made a success; I am finding myself. The bill is eighty cents.
Mason handed her a dollar bill. Put the change under the plate, if you will, please,
he said, grinning. How did you and Ashton get along?
Ashtons a great old crab, she laughed, manipulating the cash register.
Mason remarked with studied carelessness, Too bad he is going to lose his cat.
Winifred paused, the change drawer open, her hand held poised over it. What do
you mean, he is going to lose his cat?
Sam wont let him keep the cat.
But he has to under the will. He has to keep Ashton employed as a caretaker.
But not the cat.
Dismay showed on Winifreds face. Do you mean to say he isnt going to let Ashton
keep Clinker?
Thats it.
But he cant put Clinker out.
He says he is going to poison him.
Mason nudged Drake surreptitiously, started toward the door.
Wait a minute, she called. We have got to do something about that. He cant get
by with that. Why, thats outrageous!
We will see what we can do, Mason promised.
But look here. You must do something. Perhaps I can do something. Where can I
reach you?
Perry Mason gave her one of his cards, and said, I am Ashtons lawyer. If you think
of anything that will help, let me know. And dont sign any more papers.
The door from the street opened. A young man of medium build smiled at Winifred
Laxter, then regarded Perry Mason with a level, appraising stare, shifted his eyes to Paul
Drake and suddenly became hostile.
He was a head shorter than the tall detective, but he pushed up in front of him
belligerently, stared at him steadily with gray eyes that didnt so much as flicker. Say,
he demanded, whats your game?
Drake remarked casually, Just eating waffles, Buddy. Dont quarrel with the cash
customers.
He is all right, Doug, Winifred said.
How do you know he is all right? the young man resorted, without taking his eyes
from Paul Drake. He hunted me up this afternoon with a stall about going into the
contracting business and wanting to have someone who knew architecture work with
him. I hadnt talked with him five minutes before I found out he didnt know a single thing
about contracting. I think he is a detective.
Drake, smiling, said, You are a better detective than I am a contractor. You have
guessed right. So what?
The young man turned to Winifred. Shall I throw him out, Winnie? he asked.
She laughed. Its all right, Doug. Shake hands with Perry Mason, a lawyer. You have
heard of him. This is Douglas Keene, Mr. Mason.
The young mans expression changed. Perry Mason, he said. Oh. . .
Masons hand found Keenes right hand and pumped it up and down. Glad to
know you, Keene, Mason said. Shake hands with Paul Drake.
As Mason released his grip of Keenes hand, Drake grabbed it. Okay, Buddy, he
said, no hard feelings. Its all in the days work.
The steady gray eyes surveyed the two men thoughtfully. The first diffidence gave
place to a very evident determination.
Lets find out if its all right, he said. I have got something to say about this.
Winifred and I are engaged. She is going to marry me. If I could support her I would
marry her tomorrow, but I cant support her and I wont let her support me. I am an
architect, and you know it takes a while for a young architect to get started. You just dont
begin making money right away. But the country needs architects today more than ever.
With credit inflated and more and more young families and more and more babies, its
only a question of time before I shall be sitting pretty.
Mason surveyed the youthful enthusiasm of the young mans face and nodded.
Paul Drake said, Yeah. . . a couple of years. He said it tonelessly.
And dont think I am waiting for business to pick up, either, Keene said. I am
working in a service station, and darned glad to get the job. Today the big boss was
through. He stopped at the service station without anyone knowing who he was. And
when he left he gave me his card and a pat on the back for the way I was handling the
trade.
Good boy, Mason told him.
I am just telling you fellows this, Keene said, so you will know where I stand,
because I am going to find out where you stand.
Mason glanced over at Winifred Laxter. Her eyes were absorbed in Douglas Keene.
Her face was flushed with pride.
Keene took a step backward, so that he was between both men and the door.
Now then, he said, I have put my cards on the table and you chaps are going to
put yours on the table. Peter Laxter died. He didnt leave Winifred a cent. So far as I am
concerned, I am glad he didnt. She doesnt need his money. She is better off now than
she was when she was living with him.
I am going to support her. I dont want any of her grandfathers money and she
doesnt need any of her grandfathers money, but I dont like the idea of you birds trying
to slip something over on her.
Masons hand dropped to the young mans shoulder. We are not trying to slip
anything over on her, he said.
What are you hanging around here for, then?
I want to get information, Mason said, so I can represent a client.
Whos the client?
Mason grinned. Believe it or not, but the clients a cat.
A what?
Winifred interrupted. Its Charlie Ashton, Doug you know, the boys have to
keep him on as caretaker, but Sam has threatened to poison the cat, and Mr. Masons
representing Ashton, trying to fix things up so he can keep the cat.
Keenes jaw set grimly. Do you mean to say that Sam Laxter threatens to poison
Clinker?
She nodded.
Well, I shall be damned, Keene said slowly. He turned to Perry Mason. Listen,
he said, I was going to keep out of that, but if Sams pulling stuff like that, ask him
what became of the Koltsdorf diamonds.
Winifred said sharply, Doug!
He swung to face her. Dont stop me, he said. You dont know what I know. I
know stuff about Sam thats going to come out. No, dont worry, Winnie, I am not going
to bring it out; I am going to keep out of it. Its Edith DeVoe. She. . .
Winifred interrupted him firmly. Mr. Mason is only interested in the cat, Doug.
Keene laughed, a quick, nervous laugh. I am sorry. Guess I got pretty well worked
up. I cant stand the idea of anyone poisoning an animal, and when it comes down to
brass tacks, Clinker is worth a dozen Sam Laxters. Oh, well, I shall keep out of it.
Paul Drake casually seated himself on one of the stools.
Whats going to come out about Sam Laxter? he asked.
Mason dropped his hand to the detectives shoulder. Wait a minute, Paul. These
people have shot square with us; lets shoot square with them.
He turned to Winifred. Do you want to give us any information? he asked.
She shook her head. I want to keep out of it and I want Doug to keep out of it.
Mason took Drakes arm and literally pushed him along the passageway between
the booths on one side and the stools on the other. Come on, Paul, he said.
As the outer door closed behind them Winifreds eyes flashed them a smile. She
waved her arm.
What did you do that for? Drake protested. That fellow knows something. He
has been talking with Edith DeVoe.
Who is Edith DeVoe?
She is the nurse who lived there in the house. I had a hunch she might know
something.
Mason, staring moodily up and down the street, said, If I catch Shuster hanging
around here, I am going to punch his face. Can you imagine the damn shyster going in
and taking advantage of the kid and getting her to sign a paper like that?
Drake said, Its his style. What can you do now? You havent got any client who
can bust the will. That wills just as good as gold, isnt it?
I have got a cat for a client, Mason said grimly.
Can a cat contest a will?
Masons face showed the determination of a born fighter. Damned if I know, he
said. Come on, we are going to see Edith DeVoe.
But you cant contest a will unless you are representing an interested party. Two
of the interested parties take under the will and the other one has signed away her
rights, the detective protested.
I have told you before, Mason said, that I never hit where the other mans
expecting the punch.
Chapter 5
In the taxicab, the detective gave Perry Mason a few pertinent bits of information.
Theres something off colour about your caretaker, Charles Ashton, he said. He was
riding with Peter Laxter, his employer, and they were in an automobile accident. It busted
Ashton up pretty badly. He tried to collect damages and couldnt. The driver of the other
car wasnt insured and didnt have a dime. Ashton made quite a squawk, trying to get
something, said he hadnt saved a dime.
Thats nothing unusual, Mason remarked. Its a regular sales talk. He might have
had a million dollars salted away and still have said the same thing.
Drake went on in the mechanical tone of voice of one who is primarily interested in
facts rather than in their interpretation. He had a bank account at one of the banks. As
nearly as we can find out, it was the only bank account he ever had. He deposited his
salary there. He had saved something like four hundred dollars. After the accident, he
spent it all, and still owes some to a doctor.
Wait a minute, Mason interposed, didnt Peter Laxter take care of his expenses
in that automobile accident?
No, but dont jump at conclusions on account of it. Ashton told one of his friends
that Laxter would take care of him all right in the long run, but Laxter thought he would
stand a better chance recovering damages if he could show that the money for the
doctors and hospital bills had been paid out of his own savings.
Go ahead, Mason said. You are leading up to something. What is it?
Shortly before the house burned, Laxter started cashing in. I cant find how much,
but it was plenty. Three days before the house burned down, Ashton rented two largesize safety deposit boxes. The boxes were rented by Charles Ashton and in his name,
but he told the clerk in charge that he had a half-brother who was to be given access to
the boxes at any time. The clerk told him his half-brother would have to come in and
register for signature. Ashton said the half-brother was sick in bed and couldnt move,
but couldnt he take out a card and have the half-brother sign. He said he would
guarantee the signature, indemnify the bank against any claim, and all that sort of stuff.
The bank gave him a card for his half-brothers signature. Ashton went out and came
back in an hour or so with the signature on the card.
What was the name?
Clammert Watson Clammert.
Whos Clammert? Mason asked. Is it a phony?
No, Drake said, hes probably Ashtons half-brother. That is, he was; he is dead
now. He wasnt registered in the city directory, but I took a chance, inquired at the motor
vehicle department and found Clammert had a driving license. I got the address, chased
him down and found that Watson Clammert had died within twenty-four hours after
affixing his signature to that card.
they are going to make the wrong kind of picture when they are put together, you can
always lose some of the pieces so no one else can find them.
Mason chuckled, then said thoughtfully, Why the devil did Ashton want it so
Clammert could go to that safety deposit box?
Well, the only thing I could think of, Drake said, was that if Clammert got well
Ashton intended to give him money but didnt intend to have any personal contact, so he
arranged to give Clammert a key to a safety deposit box into which he had put money
from time to time and Clammert could take it out.
That doesnt make sense, Mason said, because Clammert would have to sign his
name to get access to the box and the signature that Ashton turned in as being that of
Clammert couldnt have been made by Clammert because Clammert was unconscious.
Okay, Drake said, you win. Thats what I meant when I said the facts were the
pieces in the puzzle. I get them and you put them together.
Did anyone using Clammerts name ever go to the safety deposit boxes? Mason
asked.
No, Clammert has never been near the box. Ashton went to it several times. He
went to it yesterday, and he went to it today. While the clerks didnt want to talk about it,
I gathered the impression they thought Ashton had pulled out a wad of dough from
those safety boxes either yesterday or today, or both.
How do they know what a man takes out?
Ordinarily they dont, but one of the clerks saw Ashton stuffing currency into a
satchel.
Perry Mason laughed.
In most cases, he said, we cant find out any facts at all until after we have gone
through a lot of preliminary work. In this case they pour into our laps.
Did your client tell you about the Koltsdorf diamonds? Drake wanted to know.
Gosh, Mason remarked, I feel like the interlocutor at a minstrel show. No, Mr.
Drake, Mr. Ashton did not tell me about the Koltsdorf diamonds. What about the Koltsdorf
diamonds? ... Now, Paul, thats your cue to tell me about the Koltsdorf diamonds.
The detective chuckled. The Koltsdorf diamonds are about the only jewels Peter
Laxter ever fell for. Lord knows how he came by them. They were some of the stones
smuggled out of Russia by the old aristocracy. Peter Laxter showed them to a few friends.
They were large, brilliant diamonds.
What about them?
Some of this other stuff, Drake said, such as the currency, bonds, and all that,
might have burnt up when the house was burned. It wouldnt have been possible to find
even a trace of them. But the Koltsdorf diamonds havent been found.
Diamonds in the wreckage of a burnt house could hide pretty well, Mason said
dryly.
They have taken that wreckage to pieces with a fine-tooth comb, sifted ashes and
done all sorts of things. But the diamonds cant be located. A distinctive ruby ring which
Peter Laxter always wore on his left hand was found on the body, but no diamonds.
Tell me the rest of it, Mason demanded. Has Ashton shown up with those
diamonds?
No, not that I have been able to find out. But he has done other peculiar things
that are just as incriminating. For instance, shortly before the fire, Laxter had been
dickering for a piece of property. He had taken Ashton out with him to look the property
over. A couple of days ago, Ashton called on the owner of that property and made an
offer. The offer was for cash on the nail.
It was refused?
Temporarily, yes, but I think the deal is still open.
Mason, frowning thoughtfully, said, Looks like I am stirring up a mares nest. Laxter
might have cached his property and Ashton might have had an inside track. In that event
he probably wouldnt feel obligated to hand Sam Laxter the coin on a silver platter. Guess
we are due for a talk with Ashton.
Drake said tonelessly, The two grandchildren have been pretty wild, particularly
Sam. Oafleys the quiet, unsociable sort. Sam went in for speedy automobiles, polo
ponies, women, and all that sort of stuff.
Where did the money come from?
From the old man.
I thought the old man was a miser.
He was tighter than a knot in a shoelace except with his grandchildren; he was very
liberal with them.
How much was he worth?
No one knows. The inventory of the estate. . .
Yes, Mason said, I checked over the inventory of the estate. Apparently the only
things that were left were the frozen assets. The other stuff hasnt been discovered yet.
Unless Ashton discovered it, Drake commented.
Lets not talk about that, Mason said. I am interested right now in cats.
The day before the fire there was a hell of a fight out at the house. I cant find out
exactly what it was, but I think this nurse can tell us. I have talked with the servants. They
froze up. I hadnt got around to the nurse yet. . . Here is her apartment.
Whats her name . . . Durfey?
No ... DeVoe Edith DeVoe. According to the reports I get, she isnt a bad looker.
Frank Oafley was pretty much interested in her when she was taking care of the old man,
and he has been seeing her off and on since.
Intentions honorable? Mason asked.
Dont ask me; I am just a detective not a censor of morals. Lets go.
Mason paid off the cab.
They rang a bell, and, when a buzzer had released the door catch, entered the outer
door and walked down a long corridor to a ground floor apartment.
A red-haired woman with quick, restless eyes, swift, nervous motions, and a wellmodeled figure which was set off to advantage by her clothes, met them at the door of
the apartment. Her face showed disappointment.
Oh, she said, I was expecting... Who are you?
Paul Drake bowed, and said, I am Paul Drake. This is Mr. Mason, Miss DeVoe.
What is it you want? she asked. Her speech was very rapid. The words seemed
almost to run together.
We wanted to talk with you, Mason said.
About some employment, Paul Drake hastened to add. You are a nurse, arent
you?
Yes.
Well, we wanted to talk with you about some work.
What sort of a position?
I think we could talk it over better if we stepped inside, Drake ventured.
She hesitated a moment, looked up and down the corridor, then stepped back
from the door and said, Very well, you may come in, but only for a few minutes.
The apartment was clean and well cared for as though she had just finished a
careful housecleaning. Her hair was perfectly groomed. Her nails were well kept. She
wore her clothes with the manner of one who is wearing her best.
Drake sat down, relaxing comfortably, as though he intended to stay for hours.
Mason sat on the arm of an overstuffed chair. He looked at the detective and
frowned.
Now this employment may not be exactly the kind of a job you had in mind,
Drake said, but theres no harm talking it over. Would you mind telling me what your
rates are by the day?
Do you mean for two or three days, or. . .
No, just one day.
Ten dollars, she said crisply.
Drake took a billfold from his pocket. He extracted ten dollars but didnt at once
pass it over to the nurse.
I have one days employment, he said. It wont take over an hour, but I would
be willing to pay for a full day.
She wet her lips with the tip of a nervous tongue, glanced swiftly from Mason to
Drake. Her voice showed suspicion. Just what is the nature of this employment? she
asked.
We wanted you to recall a few facts, Drake said, folding the ten dollar bill about
his fingers. It would take perhaps ten or fifteen minutes for you to give us an outline,
and then you could sit down and write out the facts you had told us.
Her voice was distinctly guarded now.
Facts about what?
The detectives glassy eyes watched her in expressionless appraisal. He pushed
the ten dollar bill toward her.
We wanted to find out all you knew about Peter Laxter.
She gave a start, staring from face to face in quick alarm, and said, You are
detectives!
Paul Drakes face registered the expression of a golfer who had just dubbed an
approach shot.
Lets look at it this way, he said. We are after certain information. We want to
get the facts we dont want anything except facts. We are not going to drag you into
anything.
She shook her head vehemently.
No, she said. I was employed by Mr. Laxter as a nurse. It wouldnt be ethical for
me to divulge any of his secrets.
Perry Mason leaned forward and took a hand in the conversation. The house was
burned, Miss DeVoe?
Yes, the house was burned.
And you were in it at the time?
Yes.
How did the house burn rather quickly?
Quite quickly.
Have any trouble getting out?
I was awake at the time. I smelled smoke and thought at first it was just smoke
from an incinerator. Then I decided to investigate. I put on a robe and opened the
door. The south end of the house was all in flames then. I screamed, and, after a few
minutes. . . Well, I guess perhaps I shouldnt say anything more.
You knew the house was insured? Mason asked.
Yes, I suppose so.
Do you know whether the insurance has been paid?
Why, I think it has. I think its been paid to Mr. Samuel Laxter. Hes the executor,
isnt he?
Was there someone in that house you didnt like? Mason asked. Someone who
was particularly obnoxious to you?
Why, whatever makes you ask such a question as that?
Whenever a fire occurs, Mason said slowly, which might result in the loss of life
and in which a person actually was killed, the authorities usually make an investigation.
That investigation isnt always completed at the time of the fire, but when it is made its
always advisable for the witnesses to tell what they know.
She thought that over for several seconds, during which her eyes blinked rapidly.
You mean that if I shouldnt make a statement I might be under suspicion of
having set the fire to trap someone whom I didnt like? Oh, but thats too absurd!
I shall put it to you another way, Mason said. Was there someone in the house
whom you did like?
Just what do you mean by that?
Simply this: You cant be thrown with people for some time under the same roof
without forming attachments, certain likes and dislikes. Lets suppose, for example,
there was some person whom you didnt like and some person whom you did. We are
going to get the facts about that fire. We are going to get them from someone. If we
should get them from you, it might be better all around than if we happened to get
them from the person whom you didnt like, particularly if that person should try to
fasten guilt upon the person you did like.
She seemed to stiffen in the chair. You mean that Sam Laxter has accused Frank
Oafley of setting that fire?
Certainly not, Mason said. I am purposely refraining from making any statement
of facts. I am giving out no information. I came to get it.
He nodded to the detective. Come on, Paul, he said.
He got to his feet.
Edith DeVoe jumped from her chair, almost ran between Mason and the door.
Wait a minute, I didnt understand just what you wanted. I will give you all the
information I have.
We would want to know quite a few things, Mason said dubiously, as though
hesitating about returning to his chair, not only about the fire, but about the things
which preceded it. I guess we should better get the information somewhere else after
all. We would want to know all about the lives and personal habits of the people who
lived in the house, and you, being a nurse. . . I guess perhaps we should better leave
you out of it.
No, no, dont do that! Come back here. I shall tell you everything I know. After all,
there is nothing thats confidential, and if you are going to get the facts I would prefer
that you get them from me. If Sam has even intimated Frank Oafley had anything to do
with that fire, its a dirty lie by which Sam hopes to save his own bacon!
Mason sighed, then, with apparent reluctance, returned to his chair, sat once more
on the arm and said, We are willing to listen for a few minutes, Miss DeVoe, but you will
have to make it snappy. Our time is valuable, and. . .
She broke into swift conversation: I understand all that. I thought at the time there
was something funny about the fire. I told Frank Oafley about it and he said I should keep
quiet. I screamed and tried to arouse Mr. Laxter thats Peter Laxter the old man. By
that time the flames were all over that end of the house. I kept screaming, and groped my
way up the stairs. It was hot there and smoky, but there werent any flames. The smoke
bothered me a lot. Frank came after me and pulled me back. He said there was nothing I
could do. We stood on the stairs and yelled, trying to arouse Mr. Laxter, but we didnt get
any answer. Lots of black smoke was rolling up the stairs. I looked back and saw some
flames just breaking through the floor near the bottom of the stairs and I knew we had to
get out. We went out through the north wing. I was almost suffocated with smoke. My
eyes were red and bloodshot for two or three days.
Where was Sam Laxter?
I saw him before I saw Frank. He had on pajamas and a bathrobe, and he was
yelling Fire! Fire! He seemed to have lost his head.
Where was the fire department?
It didnt get there until the place was almost gone. It was very isolated, you know
the house.
A big house?
It was too big! she said vehemently. There was too much work in it for the help
they employed.
What help was employed?
There was Mrs. Pixley; a girl named Nora I think her last name was Abbington
I cant be certain; and then there was Jimmy Brandon he was the chauffeur. Nora was
sort of a general maid-of-all-work. She didnt live at the place, but came every morning
at seven and stayed until five in the afternoon. Mrs. Pixley did all the cooking.
And Charles Ashton, the caretaker was he there?
Only occasionally. He kept the town house, you know. He would drive in at times
when Mr. Laxter would ask him. He had been there the night of the fire.
Where did Peter Laxter sleep?
On the second floor, in the south wing.
What time did the fire take place?
Around one thirty in the morning. It must have been about quarter to two when I
woke up. The house had been burning for some time then.
Why were you employed? What was wrong with Mr. Laxter?
He had been in an automobile accident, you know, and it had left him quite
nervous and upset. At times he couldnt sleep and he had a dislike of drugs. He wouldnt
let the doctor give him anything to make him sleep. I had been a masseuse, and I
massaged him when he had those nervous fits. It relaxed him. A bath in a tub of hot
water, with the water running over his body, then a massage, and he could relax and
sleep. And he had some heart complications. Sometimes I had to give him hypodermics
heart stimulants, you know.
Where was Winifred the night of the fire?
She was asleep. We had some trouble getting her up. I thought for a while the
smoke had got her. Her door was locked. The boys nearly broke it down before they
were able to wake her up.
Where was she? In the north wing or the south wing?
Neither. She was in the center of the house, on the east.
How about the two boys where did they sleep?
They were in the center of the house, on the west.
And the servants?
All of them were in the north wing.
If you were there as a nurse for Mr. Laxter, and he was having heart trouble, why
didnt you sleep where you would be near him in case he was taken with a spell?
Oh, but I did. You see, he had an electric push button installed in his room, so
that all he needed to do was to signal me and I could signal back, to let him know I was
coming.
How did you signal back?
A button that I pressed.
That rang a bell in his room?
Yes.
Why didnt you ring that the night of the fire?
We did. That was the first thing I did. I ran back and rang the bell repeatedly. Then,
when we didnt hear from him, I started up the stairs. The fire must have burnt through
the wires.
I see. There was a lot of smoke?
Oh, yes, the central part of the house was simply filled with smoke.
What was the trouble about the day before the fire?
What do you mean?
There had been a row over something, hadnt there?
No ... not exactly. There had been some trouble between Peter Laxter and Sam. I
dont think Frank was mixed up in it.
Was Winifred drawn into it?
I dont think so. It was just an argument between the old man and Sam Laxter.
Something about Laxters gambling.
Have you any idea how the fire started? Mason asked.
Do you mean did someone set it?
Mason said slowly and impressively, You have dodged the issue long enough,
Miss DeVoe tell us what you know about the fire!
She took a quick breath. Her eyes faltered for a moment. Is there any way a
person could start a fire by feeding exhaust fumes into a furnace? she asked.
Drake shook his head. No, he said, not exhaust fumes. Come on down to earth
and ...
Wait a minute, Paul, Perry Mason interrupted, lets find out just what she means
when she refers to exhaust fumes being put into a furnace.
It isnt important unless a fire could be started that way, she countered evasively.
The lawyer, flashing a warning glance at the detective, nodded his head gravely
and said, Yes, I think perhaps a fire could be started that way.
But it would have to be started several hours after the fumes were put into the
furnace?
Just how were they put into the furnace? Mason inquired.
Well, its this way: The garage was built into the house. It held three cars. The house
was on a slope, and the garages were on the southwest corner, down the slope. I guess
when they built the house there was that extra room under the hill and the architects just
decided to put garages in there, instead of having separate buildings or...
Yes, Mason agreed hurriedly, I understand exactly what you mean. Tell me
about the exhaust fumes.
Well, she said, I had been out for a walk and I was coming back to the house
when I heard the sound of a car running in the garage. The garage door was closed, but
the motor kept running. I thought someone must have gone away and left his motor
running without knowing it, so I opened the door thats a little door in the side not the
big sliding door that you open to let the cars out and switched on the lights.
Mason leaned toward her. What did you find? he asked.
Sam Laxter was sitting in there in his car, with the motor running.
The motor of his car was running?
Yes.
Running slowly, as though it were idling?
No, it was running rapidly. I would say the motor was being raced. If it had been
running slowly, I couldnt have heard it.
How did that get exhaust fumes into the furnace? Paul Drake inquired.
Thats the peculiar thing. I just happened to notice that there was a tube running
from the car to the heating pipe. The furnace was a gas furnace which supplied hot air.
It was in a basement in the back of the garage.
How did you know the tube from the exhaust led into the pipe?
I saw it, I tell you! I saw a tube from the exhaust running along the floor and then
up into a pipe. You see the pipes from the furnace that is some of them ran up
through the garage.
Did Sam Laxter know you had seen the tube running from the exhaust? the lawyer
asked.
Sam Laxter, she said very emphatically, was drunk. He could hardly stand. He
switched off his motor and spoke roughly to me.
What did he say? Mason asked.
He said, Get the hell out of here. Cant a man ever have any privacy without you
snooping around?
What did you say?
I turned on my heel and left the garage.
Didnt say anything to him?
No.
Did you switch out the lights when you went out?
No, I left the lights on so he could find his way out.
How did you know he was drunk?
From the way he was sprawled all over the seat and the tone of his voice.
Masons eyes narrowed into thoughtful slits. See his face clearly? he asked.
She frowned for a moment, and said, Why, I dont believe I saw his face. He wears
a big cream-coloured Stetson, you know, and when I switched on the lights the first
thing I saw was this Stetson hat. I walked over toward the side of the car. He was
slumped down over the wheel and when I came up beside the car, he hung his head. . .
Come to think of it, I didnt see his face at all.
Did you recognize his voice?
The voice was thick you know the way a mans voice sounds when he has been
drinking.
In other words, Mason said, if it came to a showdown in court, you couldnt
swear positively that it was Sam Laxter who was in that car, could you?
Why, of course I could. No one else around the house wore that sort of a hat.
Then you are identifying the hat instead of the man.
What do you mean?
Anyone could have put on that hat.
Then what?
He advised me to tell the authorities what I had seen.
Did you do it?
Not yet. I was waiting for... a friend... I wanted to get his advice before I did
anything which would cause trouble.
What time was this that you encountered Sam Laxter in the garage?
About half past ten, I guess.
That was several hours before the fire.
Yes.
Do you know whether Sam came in the house immediately after that?
No, I dont. I was so angry when he made that crack I walked out to keep from
slapping him.
But he must have returned to the house before the fire because he was in
pajamas and robe when you were aroused by the fire.
Yes, thats so.
And he was fully clothed when you saw him there in the car?
I think so, yes.
Now, you say that you turned on the lights?
Yes. Why?
The lights in the garage were off?
Yes.
The door was closed?
Yes.
Then the last person driving a car into that garage must have closed the door
behind him, is that right?
Yes, of course.
And the light switch was near the small door.
Within a few inches of it. Why?
Because, Mason said slowly, if Laxter had driven his car into that garage, he
must necessarily have left the car, gone to the garage door, closed it, switched off the
lights and then returned to his own car. After all, one doesnt drive cars into garages
through closed doors.
Well, what of it?
If he was so drunk he couldnt shut off the motor, but was just sprawled over the
wheel, letting the motor run, it would hardly seem possible he could have been able to
get up, close the garage doors, switch out the lights and return to his car.
Theres nothing thin about it, Mason retorted. Notice that the time was about
quarter past ten at night. It had been dark for several hours. The garage doors were
closed. Sam Laxter pretended hed been drunk when he brought his car into the
garage. But he must have left the car, gone to the sliding doors, closed them, and then
climbed back in the car and kept the motor running. He must have attached the flexible
tubing to his exhaust pipe and then must have arranged to feed it into the pipe which
ran to his grandfathers room. Then all he had to do was to start the motor. Probably he
didnt need to keep it running very long. If I remember my forensic medicine correctly,
the exhaust gas of motor cars produces carbon monoxide at the rate of one cubic foot
per minute per twenty horsepower. The average garage can be filled with deadly fumes
in five minutes from running an ordinary automobile. Exposure to an atmosphere
containing as little as two-tenths of one percent of the gas will cause a fatal result in
time. The post mortem indications are a bright, cherry-red blood. The gas affects the
blood so that it cant distribute oxygen to the tissues, and these indications are
customarily found in the blood of one who has died in a burning house.
We will hand it to Samuel C. Laxter for being damned clever. If it hadnt been for
the fortuitous circumstances of that nurse happening on him, he would have committed a
perfect murder.
You are putting this whole thing in the hands of the district attorney? Drake
ventured, his eyes rolling toward Perry Mason, his face utterly devoid of expression.
Yes.
Hadnt you better find out just where your client stands in this thing first?
Mason said slowly, No, I dont think so. If my client has done wrong, I am not
going to try and shield him. I am employed to see that he keeps his cat, and, by God,
he is going to keep that cat. If he has found money that belongs to the estate and has
embezzled it, that is an entirely different matter. And dont overlook the fact that Pete
Laxter may have made a valid gift of that money to Ashton before his death.
Baloney, the detective remarked. Pete Laxter didnt expect to die; therefore,
there was no reason for him to give away his money.
Dont be too certain, Mason said. He had some reason for turning his property
into cash. But lets quit speculating about that, Paul. The main thing in handling a
lawsuit is to keep the other mans client on the defensive, not to get yours in a position
where he has to do a lot of explaining. However, I shall give Ashton a buzz and tell him
that I think his cat is safe.
The detective laughed. Talk about using a ten-gauge shotgun to kill a canary, he
said, we certainly are getting into a lot of ramifications in order to keep a cat alive.
And, Mason said, in order to show Nat Shuster that he cant cut corners with
me and get away with it. Dont forget that angle, Paul.
Theres a public telephone in the drugstore around the corner, Drake said.
Okay, Paul, lets telephone Ashton and telephone the district attorney.
Chapter 6
There was something suggestive of a huge bear about Hamilton Burger, the district
attorney. He was broad of shoulders, thick of neck, and, when he moved, his arms had
that peculiar swinging rhythm which speaks for a network of perfectly coordinated
muscles rippling under the skin.
You know, Mason, he said, I am anxious to cooperate with you whenever
cooperation is possible. I have told you before, and I shall tell you again, that I have a
horror of prosecuting an innocent man; but I shall also tell you that I dont like to have
anyone use me for a cats-paw.
Mason sat silent. Paul Drake, sprawled in a chair, his long legs thrust out in front
of him, kept his glassy eyes fixed on the toes of his shoes, and managed to look bored.
Burger started pacing the floor, his manner nervous. He flung his head around in
a half turn as a bear might sniff the wind, and said, You are a good lawyer, Mason.
Perry Mason sat quiet.
Burger pivoted on his heel, started walking in the other direction. He said, flinging
the words over his shoulder, But you are a better detective than you are a lawyer. When
you turn your mind to the solution of a crime, you ferret out the truth. That doesnt keep
you from defending guilty clients.
Mason said nothing.
Burger took one more turn; then stopped abruptly, swung to face Mason, leveled
his forefinger and said, If the people in my office thought that I was going to act on
information you had given me, they would think you were making a cats-paw of me.
That, Mason retorted, is the reason I came to you personally instead of going
to your assistants. Heres an opportunity for you to clean up something, and prove that
what appeared to be an accidental death was in fact a murder. I am not asking favours.
I am giving you an opportunity. You can take it or leave it. I am interested in this thing
because of a cat; and if you want to know, I am making exactly ten dollars as a fee.
Burger pulled a cigar from his waistcoat pocket, tore at the end of it with his teeth,
scraped a match along the bricks of the fireplace, and puffed the cigar into smoke. He
sighed and said, All right, Dr. Jason happens to be visiting me this evening. I am going to
call him in. If the thing sounds reasonable to him, we are going to make a whirlwind
investigation. I shall know whether I want to go ahead or run for cover by the time the
publicity breaks.
Perry Mason lit a cigarette.
Excuse me just a moment, Burger said. I shall call Dr. Jason, and I shall telephone
Tom Glassman, my chief investigator, and have him come up right away.
As the door closed behind the district attorney, Paul Drake rolled his expressionless
eyes toward Perry Mason. The detectives face was wearing its habitual expression of droll
humor. I notice you didnt tell him anything about the peculiar and sudden rise to
affluence of your client, Charles Ashton.
I am only concerned with reporting such facts as may point to a murder, Mason
remarked.
Drake turned his eyes back to stare at his toes.
If I were a district attorney, I am not so certain that I would play along with you,
Perry, he remarked.
Whenever a man plays ball with me, he gets a square deal, Mason insisted.
Yeah, but God help him if he ever tries to steal second, Drake said lugubriously.
The door of the room opened and Dr. Jason, a tall, rather thin man with brown
eyes which were unusually piercing, surveyed the two men.
Good evening, Mason, he said. I dont think I know Mr. Drake.
Drake slowly doubled up his knees, arose from the chair, extended a languid hand.
Glad to know you, Doctor, he said. I have heard a lot about you from Perry
Mason. I always remembered what he said about you when you had been examining
one of his clients on a sanity test.
Indeed? Dr. Jason inquired.
Mason said that when you started worming your way into a mans consciousness,
you were as persistent as the head of a wild oat working up a mans sleeve.
Dr. Jason laughed. I only wish he would say that publicly. It would be the best
advertisement I could have. It doesnt exactly coincide with what he said about me to
the jury in his last case.
District Attorney Burger, indicating chairs, puffed nervously on his cigar. Doctor,
he said, I have a problem. A house burns, a mans body is found. Apparently he has
burned to death in his bed. There was no suggestion of anything sinister in that death.
Now, then, witnesses appear who can testify that a man, who might have profited very
materially by the death of this person, was in a garage, with a flexible tube running
from the exhaust pipe of his automobile to a hole cut in the pipe of a hot air furnace
which led to this mans room. The fire may well have been of incendiary origin. Is it
possible that sufficient carbon monoxide gas could have been introduced into the
room in this way to have brought about the mans death?
Quite readily possible, Dr. Jason admitted, his eyes shifting from Drake to Mason.
The man would have died in his sleep?
It is very likely. Carbon monoxide is a very insidious poison. There are numerous
instances of persons who have been working in closed garages where motor cars were
running and who died without being able to reach the outer air.
How could you tell if a person died of carbon monoxide poisoning?
There are several methods. One of the most usual is to notice the colour of the
blood. It is a bright, cherry-red.
And, if a person was burned to death, could you detect the presence of carbon
monoxide?
Wait a minute, Dr. Jason said slowly. You are overlooking something. If a person
burnt to death, we would have every reason to expect that carbon monoxide would be
present in his lungs. In fact, it might well be that the person had suffocated from
monoxide incidental to the fire.
In that case, Doctor, would it be possible to tell from an examination of the body
whether the man had been murdered by this method before the house was fired?
Dr. Jasons glittering eyes stared searchingly at Perry Mason.
How long before the fire was the monoxide introduced into this mans room by
means of the automobile exhaust?
Probably two or three hours.
Dr. Jason nodded slowly. I think, he said to Hamilton Burger, that we could tell
from an inspection of the body. It would, of course, depend somewhat upon the
condition of the body after the fire. I would say that it would be quite possible to make
this determination. Blisters, which are formed by heat when the tissues are able to react,
usually vary greatly from evidences of heat applied after death.
In other words, we should exhume the body? Burger inquired.
Dr. Jason nodded.
Burger got to his feet with a peculiar lunging motion, as though about to charge
some obstacle. Well, he said, if we are going to tackle this thing, we may as well
make a good job of it. I shall get an order permitting us to exhume the body.
Chapter 7
Rain seeped silently down from the midnight sky, dripped in mournful cadences
from the glistening leaves of the trees, gave forth hissing noises as the drops struck
against the hot hoods of the gasoline lanterns which illuminated the scene.
A grassy slope studded with marble headstones stretched from a circle of vivid
illumination into a mysterious border of dripping darkness.
There was no wind.
Hamilton Burger, a big overcoat covering his broad shoulders, the wide collar
turned up about his ears, was plainly impatient.
Cant you fellows speed it up a little bit? he asked.
One of the shovelers cast him a resentful glance.
There aint room enough for any more men, he said, and we are working at top
speed. We are almost there, anyhow.
He wiped a perspiring forehead with a soggy coat sleeve, and fell once more to
rapid shoveling. A moment later the blades of one of the shovels gave forth a peculiar
sound as it struck something solid.
Take it easy, the other shoveler cautioned. Dont let him rush you. We have got to
get the dirt from around the edges before we can raise it up. Get ropes on the handles,
and then these fellows that are just standing around can get some exercise.
Burger ignored the sarcastic comment, to lean forward and look down into the
oblong hole.
Perry Mason lit a cigarette and stamped his soggy shoes.
Paul Drake, sidling up to him, said, Wont your face be red if the medico says the
guy really burned to death?
Mason shook his head impatiently.
All I did was to report facts. Personally, I think they are going at this thing
backwards. If they would get Edith DeVoe and then drag Sam Laxter in for questioning
they would stand more chance of getting somewhere.
Yeah, Drake said, but then Burger would be out in the open investigating Peter
Laxters death. He is afraid thats just what you want him to do, so he will sort of sneak up
on the case from the back way and convince himself he has got a case before he makes
any overt moves. He has played with you before, you know. He is a burnt child who
dreads the fire.
Well, Mason said disgustedly, he is too damn cautious. This case is going to slip
through his fingers if he isnt careful. He may dread the fire, but he cant cook dough
into cake without using fire, and even then he cant eat his cake and have it too.
Tom Glassman, chief investigator for the district attorney, blew his nose violently.
Whats good to keep from taking cold at a time like this, Doc? he asked.
Dr. Jason said, unsympathetically, Staying in a warm bed... They would have to pick
a rainy night to do this. The mans been buried for days, but no one takes any interest in
him until it starts to rain.
How long will it take you to tell what you want after examining the body?
It may not take very long. It will depend somewhat on the extent to which the
body was charred by heat.
Bring out that coil of rope, one of the men in the grave ordered, and get ready
to pull. We can get the rope around the handles now.
A few moments later, with everyone straining on ropes, the coffin jerked, and
started its uneven journey upward.
Pull steady on them ropes, now; dont get it tilted up at one end, and take it easy.
The coffin reached the surface. Boards were shoved under it. Then the coffin slid
along the wet, muddy boards until it rested on the firm ground.
One of the men produced a cloth and wiped the soil from the top of the coffin. A
screwdriver made its appearance. After a moment, the lid of the coffin was swung back
and a voice said, Okay, Doc, its all yours.
Dr. Jason stepped forward, leaned over the coffin, gave an exclamation, and tugged
a flashlight from his pocket.
The men shuffled around in a circle, but, as yet, no one had picked up the gasoline
lantern, so that the interior of the coffin was plunged in shadow.
Whats the verdict, Doctor? the district attorney inquired.
Dr. Jasons pocket flashlight illuminated the interior of the coffin. His fingers
moved the charred body.
Its going to be hard to tell. The mans been burned to a crisp. I will have to look
for some place where clothing protected the skin somewhat.
How about monoxide?
No need testing for that. It would be present anyway.
Well, can you go ahead with your examination?
You mean here?
Yes.
It would be difficult, and the conclusion wouldnt be final.
Can you make a good guess?
Dr. Jason sighed resignedly, started working with the screwdriver. I will answer
that question in a few minutes, he said.
One of the men held a lantern. Dr. Jason, showing his resentment against the
weather, his disapproval of the entire procedure, removed the top from the coffin. Bring
that light over here no, not so close dont let the shadow fall on the inside. Thats right
stand about there. . . Oh, dont be so damned squeamish!
He fumbled about in the interior of the coffin, took a sharp knife from his pocket.
The sound of the blade ripping through cloth sounded startlingly distinct above the
steady drip of the misty rain. After a moment he straightened, and nodded to Hamilton
Burger. You wanted a guess? he asked.
Thats right, a guess the best you can make, of course.
Dr. Jason dropped the lid back into position. Go ahead with your investigation,
he said.
Hamilton Burger stood staring moodily down at the coffin, then he nodded and
turned on his heel. Okay, he said, lets go. You ride with us, Mason. Paul Drake can
follow in your car. You take charge of the body, Doctor.
Mason followed Burger to the district attorneys car. Tom Glassman drove. The
men were grimly silent. The windshield wipers swung back and forth in monotonous
tempo, their steady throbbing sounding above the purr of the motor and the whine of
the tires.
Going out to Laxters place? Mason asked at length.
Yes, Burger answered, up to the place where they are living now the city
house, I believe, they call it. I want to ask some questions.
Going to make any accusations? Mason inquired.
I am going to ask some pretty direct questions, Burger admitted. I dont think I
shall make any definite accusations. I dont want to divulge just what we are trying to
get at until I am ready to do so. I am not going to ask anything about the tube which
ran from the exhaust until after I have laid a pretty good foundation. I think it would be
better, Mason, if you and your detective werent present when we asked the questions.
Well, Mason said, if you feel that we have done all we can, I know where there
is a nice soft bed, a piping hot toddy, and. . .
Not yet, Burger interrupted. You have started this thing, and you are going to
stick around until we see whether we have drawn a blank.
Mason sighed and settled back against the cushions. The car made time through
the deserted streets, climbed a winding road which ran up a hill. Thats the place up
there, Burger announced the big place. Try not to use a flashlight unless you have
to, Tom. I would like to get a look at that garage before we alarm anyone.
Glassman eased the car in close to the curb, stopped it and shut off the motor.
There was no sound, save for the beating of rain on the roof of the car.
So far so good, he said.
Got skeleton keys? Burger asked.
Sure, Glassman said. You want me to get that garage open?
I would like to take a look at the cars, yes.
Glassman opened the door, climbed out into the rain and turned a flashlight on the
padlock which held the garage doors. He produced a bunch of keys from his pocket, and,
after a moment nodded to Burger, and pulled back the sliding door of the garage.
The men opened the door of the garage.
Be careful, Burger cautioned, not to slam those doors shut. We dont want to
alarm anyone until after we have looked the place over.
There were three cars in the garage. Glassmans flashlight flickered over them in
turn. Mason stared with narrowed eyes at a new green Pontiac sedan. Burger, seeing
the expression on his face, inquired, Have you discovered something, Mason?
Perry Mason shook his head.
Glassmans flashlight explored the registration certificates. This ones in the name
of Samuel C. Laxter, he said, indicating a custom-built sports coupe with spare tires
mounted in fender wells on either side. It was a powerful, low-hung car of glistening
enamel and chrome steel.
Sure built for speed, Burger muttered. Turn your flashlight down here on the
muffler, Tom.
Glassman swung the beam from his flashlight to the exhaust pipe, and Burger
bent over to examine it. He nodded slowly. Somethings been clamped around here,
he said.
Well, lets go have a talk with Mr. Samuel Laxter and see what he has to say for
himself, Glassman suggested.
Perry Mason, leaning nonchalantly against the side of the garage, tapped a cigarette
on his thumb nail, preparatory to lighting it. Of course, I dont want to interfere, but
theres just the possibility you might find that flexible tubing if you looked hard enough.
Where? Burger asked.
Some place in the car.
What makes you think its there?
The fire, Mason pointed out, originated at a point in or near Laxters bedroom.
The garage was some little distance from that. They managed to save the automobiles
that were in the garage. That bit of flexible tubing was a damaging piece of evidence
which Laxter wouldnt ordinarily have left where it could be discovered. Of course, he may
have hidden it afterwards, but theres a chance its somewhere in the car.
Glassman, without enthusiasm, pulled the trigger which raised the back of the
rumble seat, climbed into the car, and started exploring with his flashlight. He raised
the front seat, opened the flap pocket, prowled around in the back of the car.
Theres a compartment here thats locked, Burger pointed out.
For golf clubs, Glassman explained.
See if one of your keys will fit it.
Glassman tried his keys, one after another, then shook his head.
See if you cant pull that piece out in the back of the front seat and see down into
it.
The car springs swayed as Glassmans heavy body moved around. Then he said in
a muffled voice, Theres something down here that looks like a long vacuum sweeper
tube.
Jimmy the door open, Burger ordered, his voice showing excitement. Lets take
a look.
Glassman pried the lock, saying as he did so, This isnt a very neat job. Its going
to lead to an awful squawk if we are wrong.
I am commencing to think we are right, Burger remarked grimly.
Glassman reached in his hand and pulled out some twelve feet of flexible tubing.
On one end were two adjustable bands which tightened with bolts and nuts. The other
end contained a mushroom-like opening of soft rubber.
Well, Burger said, we will get Laxter out of bed.
Want us to wait in here? Mason inquired.
No, you can come up to the house and wait in the living room. It may not be very
much of a wait. Pulling him out of bed like this, he may confess.
The big house sat well upon a hill. The garage was some distance from the house,
having been excavated from the earth. Cement steps led up to a graveled walk. A private
driveway from the garage swung up a more gentle incline, and circled the house, serving
both as a driveway by which cars might be brought to the front door, as well as a service
road by which fuel and supplies might be delivered to the back of the house.
The men climbed the stairs, moving silently in a compact group. At the top of the
stairs, Burger paused. Listen, he said, whats that?
From the misty darkness came the sound of a metallic clink, and, a moment later,
it was followed by a peculiar scraping noise.
Someone digging, Mason said in a low voice. Thats the noise made by a spade
striking a loose rock.
Burger muttered, By George, you are right. Mason, you and Drake keep back of
us. Tom, you should better have your flashlight ready, and put a gun in the side pocket
of your coat just in case.
Burger led the way forward. The four walked as quietly as possible, but the
graveled walk crunched underfoot. Glassman muttered, We can do better on the
grass, and pushed over to the side of the walk. The others followed him. The grass was
wet, the soil slightly soggy, but they were able to move forward in complete silence.
There were lights in the house which showed ribbons of illumination around the
edges of the windows. The man who was digging kept plugging away.
From behind that big vine, Glassman said.
It needed no comment from him to point the direction. The vine was agitated by
a weight thrust against it. Drops of rain cascaded down from the leaves, were caught in
a shaft of light coming from an uncurtained diamond-shaped pane of glass in one of
the doors and transformed into a golden spray.
The shovel made more noise.
Scraping dirt back to fill up the hole, Mason remarked.
The beam from Glassmans flashlight stabbed through the darkness.
A startled figure jumped back and thrashed about in the vine, which, under the
illumination of Glassmans flashlight, resolved itself into a climbing rosebush. Glassman
said, Come out, and be careful with your hands. This is the law.
What are you doing here? asked a muffled voice.
Come on out, Glassman ordered.
The figure showed itself first as a black blotch in the midst of the glistening
leaves, the wet surfaces of which reflected the illumination of the flashlight. Then, as it
broke through the vine, Perry Mason caught a glimpse of the mans face and said to
Burger, Its Frank Oafley.
Burger moved forward. Whats your name? he asked.
I am Oafley Frank Oafley. I am one of the owners of this place. Who are you
and what are you doing here?
We are conducting a little inquiry, Burger said. I am the district attorney. This is
Tom Glassman, my associate. What were you digging for?
Oafley grunted, pulled a telegram from his pocket and held it out to the district
attorney. The beam of the flashlight illuminated the telegram, a torn coat-sleeve, a
scratched, dirt-covered hand.
You frightened me with that flashlight, he said. I jumped right into the middle
of those thorns. But its all right. I was pretty well scratched up anyway. I guess my
clothes are a wreck.
He looked down at his suit and laughed apologetically.
The four men paid no attention to him, but studied the telegram, which read:
THE KOLTSDORF DIAMONDS ARE HIDDEN IN ASHTONS CRUTCH.
MORE THAN HALF OF YOUR GRANDFATHERS MONEY IS BURIED JUST
UNDER THE LIBRARY WINDOW WHERE THE CLIMBING ROSEBUSH
STARTS UP THE TRELLIS WORK. THE SPOT IS MARKED BY A LITTLE
STICK STUCK IN THE GROUND. IT ISNT BURIED DEEP. NOT OVER A
FEW INCHES.
Glassman said in a low voice, Looks like a genuine telegram. It cleared through
the telegraph office.
What did you find? Burger asked.
Oafley, stepping forward to answer him, caught sight of Mason for the first time.
He stiffened and said, Whats this man doing here?
He is here at my request, Burger said. He is representing Charles Ashton, the
caretaker. I had some questions I wanted to ask Ashton, and I wanted Mason to be
along. Did you find anything where you were digging?
I found the stick, Oafley said, pulling a small stake from his pocket. That was
sticking in the ground. I dug clean through the loam and down to gravel. There wasnt
anything there.
Who sent the telegram?
You can search me.
Burger said in a low voice to Glassman, Tom, take the key number of that message,
get on the telephone and have the telegraph company dig up the original. Find out all
you can about it. Get the address of the sender.
Did you come out because of that telegram? Oafley asked. Its a rotten night. I
shouldnt have gone out and dug, but you can realize how I felt after I got that message.
We came out in connection with another matter, Burger said. Wheres Sam
Laxter?
Oafley seemed suddenly nervous. He is out. What did you want to see him about?
We wanted to ask him some questions.
Oafley hesitated for a moment, then said slowly; Have you been talking with
Edith DeVoe?
No, Burger said, I havent.
Mason stared steadily at Oafley. I have, he said.
I knew you had, Oafley told him. Its a wonder you wouldnt mind your own
business.
That will do from you, Burger said. Come on in the house. Whats this about the
Koltsdorf diamonds being hidden in Ashtons crutch?
You know just as much about it as I do, Oafley said sullenly.
Sam isnt in?
No.
Where is he?
I dont know out on a date, I guess.
Okay, Burger said. Let us in.
They climbed up to the tiled porch. Oafley produced a bunch of keys and opened
the door. If you will excuse me a minute, I shall wash some of this mud off and slip on
another suit of clothes.
Wait a minute, Glassman said. Theres a million bucks involved, Buddy. We
arent doubting your word any, but we should better frisk you and see. . .
Glassman, Burger warned, Mr. Oafley isnt to be handled that way.
He turned to Oafley. I am sorry Mr. Glassman used exactly those words, but the
thought is something which has occurred to me, and will doubtless occur to you.
Theres a large sum of money involved. Suppose the person who sent that telegram
should claim you had been in the garden and found some or all of that money?
But I didnt find any. If I had, it would have been mine half of it, anyway.
Dont you think it might be better to have some corroborative evidence? Burger
asked.
How could I get that?
You could submit to a voluntary search.
Oafleys face was sullen. Go ahead, he said, and search.
They searched him.
Burger nodded his satisfaction. Its just a check, he said, on the situation.
Perhaps you will be glad later on you cooperated with us.
I shall never be glad, but I am not raising any very strenuous objections, because
I can appreciate your position. May I go get my clothes changed now?
Burger slowly shook his head. Better not. Better sit down and wait. You will dry
out quickly.
Oafley sighed. Well, he said, lets have about four fingers of whiskey apiece. You
look as though you chaps might have been out in the rain. Bourbon, Rye or Scotch?
Whichever you come to, Mason said, just so its whiskey.
Oafley flashed him a speculative glance, rang a bell.
A man with a livid scar across his right cheekbone, which gave to his face a peculiar
expression of leering triumph, appeared in a doorway. You rang? he asked Oafley.
Yes, Oafley said. Bring some whiskey, James. Bring some Scotch and soda and
some of the Bourbon.
The man nodded, withdrew.
Jim Brandon, Oafley said in an explanatory tone. He acts both as chauffeur and
butler.
How was he hurt? Burger inquired.
Automobile accident, I believe. . . You are Mr. Burger, the district attorney?
Yes.
Oafley said slowly, I am sorry that Edith DeVoe said what she did.
Why?
Because that fire wasnt started by the fumes from an automobile exhaust. Its
impossible on the face of it.
Glassman said, Where is your telephone?
There in the hallway. I shall show you. . . or James will show you.
Never mind. You sit there and talk with the Chief. I will find it all right.
Burger said, Did you ever hear of carbon monoxide poisoning, Mr. Oafley?
Of course I have.
Do you know that carbon monoxide is generated by an automobile engine when
its running?
But whats carbon monoxide got to do with it? It isnt an inflammable gas, is it?
Its a deadly gas.
Something in the grim finality of Burgers voice sent Oafleys eyebrows arching.
Good God! he exclaimed. You dont mean that?... Why, its unthinkable!... Why, I
cant believe. . .
Never mind what you can or cannot believe, Mr. Oafley. We want certain
information. We stopped in the garage on the way up, and looked through Sam
Laxters machine. We found a long, flexible tube.
Oafley said without surprise, Yes, Edith said she saw it quite distinctly.
Just where is Sam Laxter now?
I dont know. He went out.
How did he go out? His cars in the garage.
Yes, Oafley said, his car is. He didnt want to take it out and get it wet. The
chauffeur drove him uptown in the Pontiac, then brought the Pontiac back. I dont know
how Sam will come back, unless the Chevvy is uptown somewhere.
The Chevvy?
Yes. Its a service car. Ashton usually drives it. We keep it for hauling things and
running errands.
You have a car? Burger asked.
Yes, the Buick in the garage is mine.
And the big Pontiac?
Thats the car my grandfather bought shortly before his death.
The cars were saved when the house burned?
Yes, the garage was in the corner. It was one of the last things to go.
In other words, the fire was started at some point removed from the garage?
Burger pulled aside some drapes. The brilliant light from the porch illuminated a
somewhat antiquated Chevrolet, with a broken windshield, a dented fender, and
smashed bumper. Sam Laxter was climbing from the drivers seat. His face was cut. His
right arm was bandaged with a bloody handkerchief.
Burger started for the door. Before he reached it, headlights again illuminated the
drizzling night. A smoothly purring automobile swung into view, circled the driveway
and came to a stop. The door of a big sedan opened. A slender figure jumped to the
driveway, turned and ran excitedly toward the house, saw Sam Laxter and came to a
surprised stop.
Perry Mason chuckled, and said to Burger, We have with us none other than our
esteemed contemporary, Mr. Nathaniel Shuster. During the course of the next half hour
you can endeavor to discover whether he followed Sam Laxter because he knew you
were going to be here or merely put in an accidental appearance.
Burger, muttering an exclamation of disgust, strode to the porch.
Shuster called, in a voice which was shrill with excitement, Have you heard about
it? Have you heard about it? Do you know what they are doing? Do you know what
happened? They got an order to dig up your grandfathers body. They went out in the
cemetery and dug it up.
Sam Laxters blood-stained countenance showed surprised consternation.
Frank Oafley, standing near Burger, said, What the devils this?
Take it easy, Glassman warned.
I just found out about the order. I have made an investigation. They dug the
body up already. Do you want me to take legal steps to ...
His voice trailed away into silence as he caught sight of Burgers figure standing in
the light of the porch.
Come in, Shuster, Burger said. You will get wet standing out there.
Rain glistened on Sam Laxters face. The cut on his cheek dripped blood, unheeded.
His lips were twisting with emotion. Whats the big idea? he asked.
I am just making an investigation, Burger said, and I wanted to ask you a few
questions. Have you any objection?
Certainly not, Laxter replied, but I dont like the way you are going about this
thing. What was the idea digging up ...
Not a question! Not a question! Shuster shouted. Not unless I am present, and
not unless I tell you you should answer.
Oh, bosh, Shuster! Laxter said. I can certainly answer any question the district
attorney wants to put to me.
Dont be foolish, Shuster screamed. Its not an investigation by the district
attorney, its stirred up by that busybody, Mason. Its all over this damned cat. Dont
answer them. Dont answer anything. The first thing you know, you will be outside in the
cold, and then what? All your inheritance gone. Mason sitting in the saddle. Winifred
inheriting your property. The cat laughing. . .
Shut up, Shuster, Burger said. I am going to talk with Sam Laxter, and I am
going to talk with him without having to put up with a lot of your insane interruptions.
Come in the house, Laxter. Do you need a doctor to dress those wounds?
I dont think so, Laxter said. I skidded and hit a telephone pole. It shook me up a
bit and I have got a bad cut on the right forearm, but it only needs washing with a good
antiseptic and a clean bandage. I may have a doctor look at it later, but I wont keep you
waiting.
Shuster ran toward him. Please! he said. I beg of you! I implore you! Dont do it!
Shut up, Burger said once more, taking Sams arm as Sam walked up the steps
toward him.
Laxter and Burger entered the house, closely followed by Glassman. Shuster
slowly climbed the stairs, moving like an old man whose every step was an effort.
Mason watched the three men cross the living room and disappear through a
door. He entered the living room and sat down. Drake pulled a cigarette from his
pocket, sat crosswise on an overstuffed chair and said, Well, thats that.
Jim Brandon stood in the doorway and said to Shuster, I dont know if you are
supposed to come in or not.
Dont be silly, Shuster told him, and then lowered his voice, saying something
which was inaudible to Mason and the detective. Brandon also lowered his voice. The
two men engaged in a conversation conducted in a low monotone.
The telephone rang repeatedly. After several minutes, a fat woman with sleepswollen eyes came shuffling down the corridor, wrapping a bathrobe about her. She
picked up the telephone, said Hello in a drowsy, uncordial voice, then, her face
showing surprise, she said, Oh, yes, Miss Winifred... Why, I could call him. Hes asleep,
of course... Tell him to have Mr. Mason call you at once at...
Perry Mason crossed toward the telephone. If thats someone asking for Mr.
Mason, he said, I am here and will talk on the telephone.
The woman handed him the receiver. Its Miss Winifred Laxter, she said.
Mason said Hello and heard Winifreds voice, hysterical with excitement. Thank
God I was able to reach you. I didnt know where to get you so I called for Ashton to
leave a message for you. Something terrible has happened. You must come at once.
Masons voice was guarded. I am rather occupied here at present. Could you tell
me generally what has happened?
I dont know, but Douglas is in serious trouble... You know Douglas, you met
him... Douglas Keene.
And what has happened to him?
I dont know, but I must see you at once.
I will leave here, Mason told her, within ten minutes. Thats the best I can do.
There is another matter here I am interested in. Where will I find you?
I shall be at the waffle place. There wont be any lights on just open the door
and come in.
Mason said crisply, Okay, I leave here in ten minutes.
Mason hung up the receiver as Shuster, leaving Brandon at the door, crossed the
hallway with quick, nervous strides. He grabbed the lapel of Masons coat.
You cant do it! he said. You cant get away with it! Its outrageous. I will have
you brought up before the Grievance Committee. Its pettifogging.
Mason placed the flat of his hand against the mans chest, pushed him out at
arms length and said, You should go in the lecture business, Shuster. No one could
ever accuse you of delivering a dry lecture.
Mason pulled a handkerchief from his pocket, wiped his face. Shuster jumped
about as excitedly as a terrier barking at a steer. You knew you couldnt break the will;
that will is as good as gold. So what did you do? You started in trying to frame up a
murder charge on my clients. You cant make it stick! You and your caretaker are going
to find yourselves in plenty of trouble. Plenty of trouble! You hear me? You. . .
He broke off as District Attorney Burger, accompanied by Tom Glassman, reentered
the room. Burgers features were puzzled. Mason, he said, do you know anything about
diamonds your client Ashton has?
Mason shook his head. We can ask him, he suggested.
I think we want to talk with him, Burger said. Apparently he is mixed up in this
thing.
Mason nodded.
Shuster said, A damned outrage! A frame-up! Mason cooked this up in order to
bust the will.
Masons smile was tolerant as he remarked, I told you, Shuster, that I always hit in
an unexpected place.
Do you wish me to call the caretaker? the flabby woman in the wrapper asked,
as Oafley, in bathrobe and slippers, shuffled into the room.
Who are you? Burger inquired.
The housekeeper, Oafley interposed. Mrs. Pixley.
I think we will go and interview the caretaker without giving him previous
notice, Burger announced.
Look here, Mason said. In view of the circumstances, dont you think it would
be fair to let me know just what it is you are after?
Come along, Burger said, and you will find out, but dont interrupt to ask
questions or give advice.
Shuster darted around the table. You have got to watch him, he warned. He has
hatched up this whole business.
Dry up, Tom Glassman said over his shoulder.
Go on, Burger said to Mrs. Pixley; show us the way.
The woman moved along the hallway, her bedroom slippers slopping against her
heels as she walked. Paul Drake fell into step beside Perry Mason. Oafley dropped
behind, for a word with Shuster. Burger held Sam Laxters arm.
Funny-looking character the housekeeper, Drake remarked in a low voice. All
soft except her mouth and its hard enough to make up for everything.
Underneath that softness, Mason said, his eyes appraising the womans figure,
is a great deal of strength. Her muscles are cased in fat, but shes plenty husky. Notice
the way she carries herself.
The woman led the way down a flight of stairs to a basement. She opened a door,
crossed a cement floor, paused in front of another door, and said, Shall I knock?
Not unless its locked, Burger told her.
She turned the knob of the door and stepped to one side, pushing open the door.
Mason couldnt see the interior of the room but he could see her face. He saw
light from the inside of the room strike her features. He saw the flabby flesh of her face
freeze in an expression of wild terror. He saw the hard lips sag open, and then heard
her scream.
Burger jumped forward. The housekeeper swayed, flung up her hands, and her
knees sagged as she slid to the floor. Glassman jumped through the door into the
caretakers room. Oafley caught the housekeeper by the armpits. Steady, he said.
Take it easy. Whats the trouble?
Mason pushed past them into the room.
Charles Ashtons bed was by an open window in the basement. The window
opened almost directly at street level. It had been propped open with a stick, the
opening being some four or five inches, just enough to enable a cat to slip through
easily.
Directly beneath the window was the bed, covered with a white counterpane and
on this white counterpane was a series of muddy cat tracks, tracks which covered not
only the spread, but appeared on the pillow as well.
Lying in the bed, his face an unpleasant thing to behold, was the dead body of
Charles Ashton. It needed but one look at the bulging eyes and protruding tongue to
enable these experts in homicide to realize the manner in which the man had died.
Burger whirled to Glassman.
Keep the people out of this room, he warned. Get the homicide squad on the
telephone. Dont let Sam Laxter out of your sight until this thing has been cleaned up. I
shall stay here and look around. Get started!
Glassman whirled; thrust his shoulder against Perry Mason. On your way, he said.
Mason left the room.
Glassman slammed the door shut. Let me get to the telephone. Oafley, dont try
to leave the place.
Why should I try to leave the place? Oafley demanded indignantly.
Dont make any statements! Dont make any statements! Dont make any
statements! Shuster pleaded hysterically. Keep quiet! Let me do the talking. Cant you
understand? Its a murder! Dont talk with them. Dont have anything to do with them.
Dont...
Glassman stepped forward belligerently. You can either keep your face closed,
he said, or I shall button up your lips so they will stay shut for a while.
Shuster scuttled away from him like a squirrel climbing a tree, chattering
continuously. No statement. No statement at all. Cant you understand that I am your
lawyer? You dont know what these people have said about you. You dont know what
accusations they have made. Keep quiet. Let me do the talking for you.
There is no necessity for such talk, Oafley said to Shuster. I am just as anxious
to help clean this thing up as the officers are. You are hysterical. Shut up!
The party climbed the stairs. Perry Mason, dropping behind, put his lips close to
Paul Drakes ear. Stick around, Paul, he said, and see what happens. Get an eyeful if
you can and an earful if you cant.
You are ducking? Drake asked.
I am ducking, Mason said.
At the head of the stairs leading from the cellar, Glassman hurried toward a
telephone. Perry Mason turned to the right, crossed a kitchen, unlocked a door, crossed
a screened porch, descended a flight of stairs, and found himself in the rainy night.
Chapter 8
The electric sign bearing the legend WINNIES WAFFLES was dark. A night
light burned over the door. Perry Mason tried the knob. The door opened. Mason
closed the door behind him, walked down the passageway, between counter and
booths, until he came to a swinging open door. The room was dark. He heard the
sound of a woman sobbing. Mason said, Hello, and a light switch clicked. A table
lamp, with a rose silk shade, gave soft illumination.
A single bed sat against the wall. There were two chairs, a table and a bookcase
made by the simple expedient of nailing the wooden cases in which canned goods
came into tiers and giving them coats of enamel. The homemade bookcase was well
filled with books. A corner of the room had been curtained off to form a closet. A door
stood partially open and through it Mason could see the gooseneck connection of a
shower. A few framed pictures hung on the wall, and the place, despite the cheapness
of its furnishings, had a comfortable, homelike atmosphere. On the table, turned so it
faced the bed, was a large framed photograph of Douglas Keene.
Winifred Laxter sat on the bed. Her eyes were red from tears. A big Persian cat
sprawled contentedly at her side, its head resting against her leg. It was purring
audibly. As the light switched on, the cat turned with that peculiar writhing motion
common to felines, and stared at Perry Mason with bright, hard eyes. Then it closed its
eyes, stretched out its forepaws, yawned, and once more began to purr.
Whats the trouble? Mason asked.
The girl indicated the telephone with a little hopeless gesture, as though that
gesture explained everything. And I thought I could laugh at life, she said.
Mason drew up a chair and sat down. He recognized that she was near hysteria,
and made his voice casual. Nice cat.
Yes, its Clinker.
Mason raised his eyebrows.
Doug went out and got it.
Why?
Because he was afraid Sam would poison it.
When?
Around ten oclock. I sent him.
Did he talk with Ashton? Mason asked, making his voice sound elaborately casual.
No. Ashton wasnt there.
Mind if I smoke?
I would like one myself. You must think I am an awful baby.
Mason took a cigarette case from his pocket, gravely proffered her one and held a
match to the end of the cigarette, when she had placed it between her lips.
Not at all, he said, lighting his own cigarette. Pretty lonesome here, isnt it?
It hadnt been; it will be.
Tell me about it any time you are ready, he invited.
I am not ready yet. Her voice was stronger now, but there was still that overtone
of near hysteria. I have been sitting here in the dark too long, thinking, thinking ...
Quit thinking, he said. Lets just talk. What time did Douglas Keene leave Ashtons
place?
Around eleven I think. Why?
He was there about an hour?
Yes.
Waiting for Ashton to come in?
I believe so.
And then he brought the cat here to you? Mason asked.
Yes.
Lets see . . . when did it start raining? Before eleven or after eleven?
Oh, earlier than that . . . around nine, anyway.
Can you tell exactly what time it was when Douglas brought you the cat? Have you
any way of fixing it definitely?
No. I was cooking waffles for the after-theater trade. Why are you asking me all
these questions?
I was just trying to make conversation, Mason remarked casually. You feel as
though I am too much of a stranger to confide in me right now. I am trying to put you
at your ease. Did one of the servants let Douglas in?
You mean to the town house? No. I gave Doug my key. I didnt want Sam to
know I was taking the cat. Grandfather had given me a key to the house. I had never
turned it back . . . in fact, I guess there was no one to turn it back to.
Why didnt you let Ashton know you had taken the cat? Wont he be worried?
Oh, but he knew Doug was coming after Clinker, she said.
How did he know?
I telephoned him.
When?
Before he went out.
What time did he go out?
I dont know, but I talked with him over the telephone and we decided,
everything considered, that it might be best for me to keep Clinker for a while. He said
he would be there when Doug arrived, and told me to give Doug my key so Sam
wouldnt know.
But Ashton wasnt there when Douglas arrived?
No. Doug waited an hour. Then he took the cat and left.
Mason, leaning back in the chair, studied the cigarette smoke which spiraled
upward.
Clinker always sleeps on Ashtons bed, doesnt he?
Yes.
Any other cats there?
Around the house you mean?
Yes.
No. I should say not. Clinker would chase any cat away. He is insanely jealous,
particularly of Uncle Charles.
Uncle Charles? he asked.
I sometimes call the caretaker Uncle Charles.
Rather a peculiar character, isnt he?
Peculiar, but he is a fine man when you get to know him.
Honest?
Of course, he is honest.
Something of a miser, isnt he?
He would be if he had anything to save, I guess. Hes been around Grandpa so
long. Grandpa was always suspicious of banks. When the country went off the gold
basis Grandpa nearly died. He had been hoarding gold, you know. But he went down
and turned his gold in and took paper money. It was quite a blow to him. He was upset
for weeks.
He must have been a peculiar chap.
He was very peculiar and yet very lovable. He had a great sense of right and
wrong.
His will wouldnt seem to indicate that.
No, she said, I think under all the circumstances, it was the best thing that could
have happened. I think I was pretty much hypnotized by Harry.
Harry? Mason asked.
Harry Inman. He was rushing me to death. He seemed one of those straightforward, clean-cut, sincere young men, and ...
He wasnt? Mason prompted as her voice faded away.
He most certainly was not. As soon as he found out I wasnt going to get anything
under the will, he fell all over himself taking back everything he had said. I think he was
afraid at the last minute I would try to marry him in order to have someone to look after
me.
He has money?
He has a good position. He is making around six thousand a year, in an insurance
office.
Douglas Keene stuck by you, eh? Mason asked, bringing the subject casually
around to the young man whose framed picture stood on the table facing the bed.
I shall say he stuck by me. He was a brick. He is the most wonderful boy in the
world. I never realized just how much there was to him you know, words dont mean
anything anyone who can talk can use words. Some people can use them better than
others. Many insincere people, who have the gift of expressing themselves, can sound
more sincere than those who are perfectly loyal.
Mason nodded, waited for her to go on talking.
I wanted to see you about Douglas, she said. Something awful has happened
and Douglas is afraid I might get involved in it. He is mixed in it himself some way I
dont know just how.
Whats happened? Mason asked.
A murder, she told him, and began to sob.
Mason moved over to the bed, sat down beside her and put his arm around her
shoulders. The cat looked up at him appraisingly, flattened its ears slightly, then slowly
relaxed, but did not resume purring.
Now take it easy, Mason told her, and give me the facts.
I dont know the facts; all I know is that Douglas rang up. He was frightfully
excited. He said there had been a murder and that he wasnt going to let me get
dragged into it; that he was going to skip out and that I would never see him again. He
said that I was to say nothing, and answer no question about him.
Who was murdered?
He didnt say.
How did he think you might be dragged into it?
Just through knowing him, I guess. Its all too silly. But I think its all mixed up
with Grandfathers death.
When did he telephone you?
About fifteen minutes before I telephoned you. I tried to locate you every place I
could think of your office and your apartment. When I couldnt get any answer I
decided to call Uncle Charles. He had told me you had telephoned him something
about Sam and the district attorney, and I thought he might hear from you again.
Did you, Mason asked, know that your grandfather was murdered?
She stared at him with wide eyes. Grandfather? No.
Did it impress you there was anything peculiar about the manner in which the
house burned?
Why, no. The fire seemed to have centered right around Grandpas bedroom. It
was a windy night and I thought they blamed the fire on defective electric wiring.
Lets come back to the cat for a minute, Mason said. He has been with you ever
since around eleven oclock?
Yes shortly after eleven, I guess it was.
Perry Mason nodded, picked up the cat and held it in his arms.
Clinker, he said, how would you like to go for a nice ride somewhere?
What do you mean? Winifred asked him.
Perry Mason, holding the cat, stared steadily at her, and said slowly, Charles
Ashton was murdered sometime tonight. I dont know yet exactly what time. He was
strangled, probably after he had gone to bed. There were muddy cat tracks all over the
counterpane and over the pillow; there was even a track on his forehead.
She got to her feet, staring at him with wide eyes. Then she opened bloodless lips
and tried to scream.
No sound came.
Perry Mason dropped the cat to the bed, took Winifred in his arms, stroked her
hair. Take it easy, he told her. I am going to take the cat with me. If anyone comes to
question you, refuse to answer, no matter what the questions are.
She slid from his arms to sit on the bed. It was as though her knees refused to
support her weight. There was panic in her face. He didnt do it, she said. He couldnt
have. I love him. He wouldnt hurt a fly!
Can you buck up, Mason asked, until I can get rid of this cat?
What are you going to do with it?
I shall find a home for it some place where we can keep it until things blow over.
You see what it means having the cat tracks on the bedspread. It means the cat was there
after the murder was committed.
But its impossible, she said.
Of course its impossible, he told her, but we have got to make other people
see that its impossible. The question is, can you be brave enough to help me?
She nodded silently.
Perry Mason picked up the cat and started for the door.
Listen, she told him, as he put his hands on the knob of the door, I dont know if
you understand, but you must defend Douglas. Thats why I telephoned you. You must
find him and talk with him. Douglas isnt guilty of murder. You understand what I mean?
I understand, he told her gravely.
She came to him and put her hands on his shoulders. He is clever enough so the
officers will never find him. . . Oh, dont look at me like that. I know you think they can
find him, but you dont realize how clever Douglas is. The officers will never, never catch
him. And that means he will be a fugitive as long as he lives unless you clear things up. . .
And I know what it will mean as far as I am concerned. They will figure that he is going to
get in touch with me. They will watch my mail; they will tap my telephone; they will do
everything, trying to trap Douglas.
He nodded and patted her shoulder with his free hand, holding the big Persian
cat in his left arm.
I havent much, she said. I am building up a good business here. I can make my
living, and I can make more than my living. I shall pay you by the month. I shall give
you anything that I make. You can have the business and I shall run it for you without
any salary except just what I need to eat, and I can live on waffles and coffee, and. . .
We will talk that over later, Mason interrupted. The thing to do now is to find
out where we stand. If Douglas Keene is guilty, the thing for him to do is to plead
guilty, and plead whatever extenuating circumstances there may be.
But he is not guilty. He isnt; he cant be.
All right, if he isnt, then the thing for you to do is to get rid of this damned cat.
Otherwise, you will be tied up with the murder. Do you understand?
She nodded silently.
I have got to have a box or something to carry the cat in.
She ran to the closet and picked up a big hatbox. She jabbed her finger through
the pasteboard top, making little breathing holes.
Id better put him in, she said, he will understand if I do it. . .Clinker, this man is
going to take you with him. You must go with him and be a nice cat.
She put the cat in the box, stroked it for a moment or two, then gently put on the
cover. She whipped a piece of string about the cover, tied it, and handed the box to
Perry Mason.
The lawyer, holding the hatbox by the string, smiled reassuringly at her, and said,
Stay right here. Remember, dont answer questions. Youll hear from me after a while.
She held open the door of the bedroom. Mason walked to the outer door, opened
it, and pushed his way out into the wind and rain. The cat in the box stirred uneasily.
Mason put the hatbox on the seat of the convertible coupe, climbed in behind the
wheel and started the motor. The cat meowed a faint protest.
Mason spoke to the cat reassuringly, drove the car for several blocks, then swung
in close to the curb by an all-night drugstore. He parked the car, got out, and picking
up the hatbox, walked into the drugstore, where the clerk eyed him curiously.
Mason put the box down on the floor of the telephone booth and dialed the
number of Della Streets apartment.
Chapter 9
Della Street, with a robe thrown over silk pajamas, sat on the edge of her bed and
watched Perry Mason untying the cord around the hatbox.
Getting me out of bed at one oclock in the morning to show me the latest in
hats? she inquired.
The lawyer, sliding the string off the cover, said, It simply shows how easy it is to
become accustomed to environment. He was raising hell in the telephone booth.
He pulled the cover from the box. Clinker got to his feet, arched his back in a long
stretch, yawned, sniffed the air, raised his forepaws to the edge of the hatbox, and leapt
out onto the bed. He sniffed Della Street inquiringly, then curled into a fluffy ball by the
side of her leg.
If you are going in for a collection, she said, it might be easier to use postage
stamps. They take up less room.
She ran her fingers around the cats ears.
I think thats something of a compliment, Mason told her, the way he takes to
you. As I remember it, there are few people he likes.
Going to use him as a playmate for the caretakers cat? she asked.
He is the caretakers cat.
Why not leave him with the caretaker, then?
The last time I saw the caretaker, he was dead. His face wasnt pretty. There were
muddy cat tracks all over his bed.
She stiffened to attention. Who did it? she asked.
I dont know.
Who do the police think did it?
I dont know. I dont think they do, yet.
Who will they think did it by the time they get that far?
Several people might be interested in the caretaker. Theres some evidence
indicating the caretaker had something like a million dollars in currency in his
possession. Some of it may have been locked in a safety deposit box; again, the safety
deposit box may have been a blind. People will do a lot for a million dollars. Then there
are some rather valuable diamonds. Ashton may have had them. I have located the
green Pontiac that followed Ashton from our office. Its in the garage at Peter Laxters
town house.
Whom do we represent?
The boyfriend of a girl who runs a waffle parlor.
Any retainer?
Do you like waffles? he countered.
Her eyes showed anxiety. Look here, Chief, you are not going to get mixed up in
a murder case without first getting a fee?
I guess I have done it.
Why dont you sit in your office and wait for clients to come to you after they get
arrested, and then go into court and defend them? You are always out on the firing
line, taking chances. How did you get this cat?
It was given to me.
By whom?
The waffle girl. But we are supposed to forget that.
You mean you want me to keep the cat here?
Thats it.
Under cover?
As much as you can. Or, if you have some friend who can keep it, it might be
better than to have it here. The police may be looking for it. I have an idea the cat is
going to figure in that murder.
Please, she pleaded, dont jeopardize your professional standing mixing into
this case. Let it go. Sail on that liner for the Orient. After someone gets arrested go
ahead and defend him if you want to, but dont get involved in the case itself.
There was something maternal and tender in her eyes.
Perry Mason reached out, possessed himself of her right hand, and patted it.
Della, he said, you are a good kid. But the stuff you want just isnt in the cards. I
could get a swell rest on that liner to the Orient for just about three days, and then the
inactivity would drive me crazy. I want to be working at high speed. I am going to get
ten times as much kick out of this as I would out of a trip to the Orient.
You are going to handle the case?
Yes.
And you think this young man you are representing will be accused of the
murder?
Probably.
He hasnt paid you any retainer?
Mason shook his head, and then said impatiently, To hell with the money! If a
mans accused of murder and has money, I want a big slice of it as a fee. If people who
are living their lives the best they can get into trouble and are accused of committing
crimes of which they are innocent, I want to give them a break.
How do you know this chap is innocent?
Only from the impression he made on me when I met him.
Suppose he is really guilty?
Then we will find out all about the extenuating circumstances and either make
him plead guilty and get the lightest sentence we can for him, or else let him get some
other lawyer.
Thats not an orthodox way of practicing law, she pointed out, but there was no
reproach in either her eyes or her voice.
Who the hell wants to be orthodox? Mason grinned.
She matched his grin, got to her feet. I worry over you as a mother worries over a
wayward child. You are a combination of a kid and giant. I know you are going to mix
into something devilish, and I feel like saying, Dont go near the water.
Masons grin broadened. Maternal, eh? By looking up the application blank
which you filled out when you applied for your job I could find out just how much my
junior you really are. I would say it was about fifteen years.
Being gallant? she inquired. By looking up the records in connection with your
admission to practice before the courts, I could tell just how much you are trying to
flatter me.
He moved toward the door.
Take good care of the cat, he said. Dont lose him. His names Clinker. He may
wander away if he gets the chance. We may be able to use him later.
Will the police look for him here?
I dont think so. Not right away. Things arent hot enough yet... Are you going to
tell me not to go near the water?
She shook her head. There were both pride and tenderness in her smile. No, she
said; just dont get in over your head.
I havent even got my feet wet, yet, he told her, but something seems to tell me
I am going to. He gently closed the door, walked down the corridor to the street, and
drove to Edith DeVoes apartment.
**
The outer door of the apartment house was locked. Mason pushed his finger
against the button opposite Edith DeVoes apartment, held it there for several seconds.
There was no answer. He took a key container from his pocket, selected a skeleton key,
hesitated for several seconds, then tried Edith DeVoes bell once more. When there was
no answer, he inserted the key in the lock, and, after a moment, clicked the bolt back
and entered the apartment house.
He walked down the corridor to Edith DeVoes apartment and tapped gently on the
door. When there was no answer, he stood for a moment in frowning concentration, then
tried the knob of the door. The knob turned, the door opened, and he stepped into a
dark room.
Miss DeVoe, he said. There was no answer.
Perry Mason switched on the light.
Mason heard the sound of a chair being scraped along the floor, then complete
silence from the other side of the door. He knocked again, and, after a moment, the
door opened a crack, and a mans voice said, Who is it?
Mason smiled affably. I am in the adjoining apartment, he said, and your poker
game is keeping me awake. How about getting some sleep, or, if the limit isnt too
high, letting me in. I dont care one way or another.
The man hesitated a moment. A booming masculine voice from the interior of the
room called, Open the door and let him in. We can use another player.
The door opened and Mason entered the room. Three men were grouped around
a table. The atmosphere of the room was close and stuffy. A vacant chair marked where
the man who stood at the door had been seated.
Whats the limit? Mason asked, taking care to close the door.
Fifty-cent limit, except in jack-pots, and then its a dollar.
Mason took twenty dollars from his wallet. Could you fellows use twenty dollars
of outside money? he asked.
Could we, grinned the man with the booming voice. It would be like manna
from heaven. Sorry we kept you awake. Didnt know you could hear us.
Thats all right. I would rather play poker than sleep, anyway. Mason is my name.
Hammonds mine, said the man who had admitted him.
The others introduced themselves.
Mason drew up a chair, took chips, and heard men walking down the corridor
toward Edith DeVoes apartment. Some fifteen minutes later, when he was twelve dollars
and thirty cents ahead of the game, he heard the low moan of a siren, and shortly
afterwards, the clang of an ambulance bell.
The players looked at each other in dismay.
Guess we should better cash in, Mason said, and get the evidence out of sight.
One of the men looked at him accusingly. You arent by any chance a detective,
are you?
Mason laughed good naturedly. No chance, he said. I dont think they are
coming here, boys. It sounds as though there is something down the corridor thats
interesting them; probably a man beating up his wife.
The men paused to listen. They could hear the sound of steps shuffling along the
corridor.
Hammond took his coat from the back of the chair, thrust his arms into it and
said, Okay, boys. Lets call it quits until next week. Its time to break up, anyway.
Mason stretched and yawned as he cashed in his chips. Think I might as well go
out now and get a waffle and a cup of coffee, he observed.
I have a car out here. How about giving you a lift?
Mason nodded. They left the apartment together. Two police cars and an
ambulance were drawn up in front of the curb.
Masons companion showed curiosity. Wonder whats going on here. Looks as
though someone had been hurt.
It might be a good time to duck out of here, Mason said. I dont mind putting in
my nights sleeping, or playing poker, but I hate like hell to put in my spare time
answering the questions asked by a lot of dumb cops.
His companion nodded. My cars around the corner. Lets go.
Chapter 10
Perry Mason unlocked the door of his private office and switched on the lights. He
looked at his wristwatch, crossed to the telephone, dialed the number of the Drake
Detective Agency and was informed by the night operator that Paul Drake was not in
and had not telephoned. Mason left his name and instructions for Drake to get in touch
with him, and hung up the telephone. He hooked his thumbs in the armholes of his
vest and started pacing the office, his head thrust forward in thought.
After a few minutes, fingertips tapped gently on the panels of the corridor door.
Perry Mason opened it, and Drake grinned a greeting.
Mason carefully closed the door behind the detective, offered a cigarette, and
took one himself. Get the dope, Paul? he asked.
Pretty much of it.
What happened after I left?
Lots of detail stuff. They quizzed Shuster. He wouldnt tell who tipped him off the
body had been exhumed, so I rang up Shusters secretary, and told her I was in a jam
on a murder charge and had to see Shuster right away.
How did you locate her?
Thats a cinch. Shuster is one of those criminal attorneys who gets calls at all
hours of the day and night. The telephone directory carries his office number and says
in the event there is no answer at that number to call another one. The other number is
the number of his secretarys apartment.
I see. Did you learn anything from her?
Just this she was expecting Shuster to telephone any minute. She said that
someone had given him a hurry-up call about an hour before I telephoned. She didnt
know the exact nature of the case hed gone out on, but understood it was a murder
case.
Then it wasnt a tip on this body digging.
Apparently not.
But he knew about it by the time he arrived at the house.
Exactly, Drake said.
Mason, holding his thumbs in the armholes of his vest, drummed silently on his
chest with the tips of his fingers. In other words, Paul, you mean that after Shuster had
received that mysterious telephone call he went out and contacted someone who
wanted him to rush to Laxters house.
Drake said, Why not? Stranger things have happened. You dont think that
Shuster just put in an appearance because he thought his clients should know the body
had been exhumed, do you?
Probably not, Mason said thoughtfully.
308.
Better take the stairs.
They walked up the stairs with silent feet. On the third corridor Drake cast
professional eyes over the locks on the doors.
Spring locks, he observed.
He found 308 paused before it and whispered, How about a knock?
Mason shook his head.
Drake whispered. We can rush things by pushing back the catch.
Mason said laconically, Rush things, then.
There was a fine crack between the door and the jamb. The detective, taking a
cowhide tool kit from his pocket, extracted an instrument which looked very much like
the long, thin spatula knife used by artists and druggists. Hold the flashlight, Perry.
Mason held the flashlight. Drake was inserting the steel, when Mason suddenly
gripped his wrist. Whats that? the lawyer asked in a whisper.
Drake looked at the peculiar markings on the woodwork under the tip of Masons
pointing finger. Someones beat us to it, he said. They may be in there now.
Both men stared at the place where the wood had been slightly crushed under
the pressure of a steel instrument. A bungling job, Drake volunteered.
Lets go on in, Mason told him.
Drake said, You are the doctor, and inserted the blade. He manipulated it for a
moment. The lock clicked back.
Turn the knob and open the door, Perry, the detective said, still holding the latch
back.
Perry Mason turned the knob, and they entered the room.
Lights? Drake inquired.
Mason nodded and clicked on the electric lights.
A good place not to leave any fingerprints, Paul, he suggested.
Drake looked at him with an expression which intensified the droll humor of his
features. Are you, he asked, telling me?
Mason looked about the room.
Bed hasnt been slept in, he said.
Its turned down, Drake pointed out, and the pillow is mussed up.
Just the same, it hasnt been slept in. Theres nothing thats harder to simulate
than the type of wrinkle which is produced in a sheet from long contact with a body.
Drake inspected the bed, and nodded.
The apartment was a typical bachelors apartment. Ash trays were littered with
cigarette stubs. There were a whiskey bottle, a dirty glass, a couple of soiled collars, and
a tie clasp on the bureau. Half a dozen neckties were hooked over the mirror support. A
closet door was half open, showing several suits hanging from a rod. Drawers in a
dresser were partially open.
Mason opened the drawers and stared thoughtfully at them.
Suitcase, he said, packed in a hurry. He scooped out handkerchiefs, socks,
shirts and underwear. Lets take a look in the bathroom, Paul.
What are you looking for? Drake asked.
I dont know; I am just looking.
Mason opened the bathroom door, then suddenly recoiled.
Drake, looking over his shoulder, gave a low whistle and said, If he is your client,
you should better plead him guilty.
Someone, working with the frenzy of panic, had evidently tried to remove traces
of blood from clothing in the bathroom, and the job had not been thoroughly done.
The washbowl was spattered with red. Water had been turned in the bathtub and had
not been drained. It was coloured a peculiar reddish brown. A pair of trousers had been
washed and hung up to dry over the metal rod which supported the shower curtain. A
pair of shoes had been washed, evidently with soap and water, and the washing had
been insufficient. Stains still remained in the leather.
We will take a look in the closet, Mason said.
They walked back to the closet. Drakes flashlight illuminated the dark corners,
showed a pile of dirty clothes. Drake pulled clothes from the top of the pile and then
paused as the beam of the flashlight illuminated blood-spattered garments.
Well, he said, thats that.
Mason kicked the clothes back in the corner.
Okay, Paul, we are finished here.
I shall say, the detective agreed. Whats the technical definition of what we are
doing here?
That, Mason said, depends on whether I define it or whether a district attorney
does. Come on, lets get going.
They left the apartment, switching out the lights, and pulling the spring lock shut
behind them.
Lets hunt up that preacher, Mason suggested.
He wont come to the door, Drake objected, and let us in just to answer questions
not at this hour of the morning. He will be more than likely to call the police.
We will use Della, Mason said, and let him think its an elopement.
He had Drake drive to a restaurant where there was a telephone, and called Della
Streets apartment. He heard her sleepy voice coming over the wire.
Getting to be a habit with me, waking you up like this, he said. How would you
like to elope?
There was a quick, gasping intake in her breath.
I mean, Mason explained, make a person think you are eloping.
Oh, she said tonelessly. Like that, eh?
Thats the sketch, Mason told her. Get on some things and we will be out there.
It will be a new experience for you. You are going to drive in a car that will send ripples
up and down your backbone every time you hit a bump in the street, so dont worry
about taking a shower; you can be massaged into wakefulness.
Paul Drake was yawning prodigiously as Mason hung up the telephone.
The first night is always the hardest, he said; after that I get accustomed to
going without sleep on your cases. Someday, Perry, we are going to get caught and go
to jail. Why the hell dont you sit in your office and let cases come to you the way other
lawyers do?
For the same reason a hound doesnt like to follow a cold scent, Mason said. I
like my cases served up while they are hot.
I shall say they are hot! the detective agreed. Someday we will both get our
fingers burnt.
Chapter 11
Perry Mason pushed his finger against the doorbell. Della Street nudged Paul
Drake and said, Say something and laugh. We are all too serious for an elopement.
You would look more natural with a shotgun. Stand over here closer to me, Chief. He
will probably turn on a porch light and look out.
Drake remarked lugubriously, Why should people laugh at a marriage? Marriage
is a serious business.
Della Street moaned. I should have known better than to stage an elopement
with a couple of confirmed bachelors. You are so darned afraid some fish might steal
the bait, you dont dare let your line get near the water.
Perry Mason stepped close to Della Street, put his arm around her and drew her
close to him. The trouble with us is, we havent even got a line, he said.
A light in a hallway clicked on. Della Street kicked Paul Drake in the shin with the
heel of her shoe and said, Hurry up and laugh.
She broke into a peal of light, merry laughter, as a porch light flooded the trio
with dazzling brilliance. The detective gave a grimace of pain, rubbed his shin, and said
mirthlessly, Ha, ha.
The door opened some two or three inches. A safety chain snapped taut. A mans
eyes stared out at them cautiously.
Reverend Milton? asked Perry Mason.
Yes.
We wanted to see you... about... a marriage.
The mans eyes showed extreme disapproval. Its no time to be getting married,
he said.
Mason took a wallet from his pocket, took out a five-dollar bill, then another fivedollar bill, then a third, and a fourth. Im sorry, he remarked, that we awakened you.
After a moment, Milton slipped off the safety chain, opened the door and said,
Come in. Have you a license?
Mason stood to one side while Della Street entered the hallway; then he and
Drake crowded in. Drake kicked the door shut. Mason moved so he was between the
inner door to the hallway and the man who wore dressing gown, pajamas and slippers.
You received a call tonight from a chap by the name of Oafley, Mason said.
What has that to do with this marriage? Milton demanded.
Thats the marriage we came to see you about.
I am sorry. You got in here under false representations. You said you wished to
be married. I dont care to answer any questions whatever about Mr. Oafley.
Perry Mason arched his eyebrows in surprise, then frowned and said belligerently,
Look here, what are you talking about getting in here by false representations?
You said you wanted to be married.
I said no such thing, Mason retorted. We told you that we wanted to see you
about a marriage. It was Oafleys marriage to Edith DeVoe.
You didnt say that.
Well, we are saying it now.
I am very sorry, gentlemen, but I have nothing to say.
Mason looked significantly at Paul Drake, nodded his head toward a wall
telephone which was near the hall door and said, Okay, Paul, call Police Headquarters.
Drake strode to the telephone. Milton made a grimace, wet his lips nervously with
the tip of his tongue, and said in surprise, Police Headquarters?
Certainly, Mason said.
Who are you? Milton demanded.
That man, the lawyer remarked, indicating Drake by a nod of his head, is a
detective.
Look here, Milton said nervously, I dont want to get into any trouble over this
thing.
I didnt think you did ... Wait a minute, Paul. Dont call Headquarters right away. It
may be this mans innocent.
Innocent! Milton blazed. Of course, I am innocent. I performed a marriage
ceremony and thats all.
Masons face showed utter incredulity. And didnt know the woman had a husband
living? he asked.
Of course, I didnt know the woman had a husband living. What are you
insinuating? Do you mean to intimate that I would perform a bigamous marriage
knowing that it was bigamous? Miltons voice rose in quavering indignation.
Della Street stepped forward, slipped her arm through his and said soothingly,
Its all right. Dont lose your temper. That isnt what the Chief meant.
The Chief? Milton remarked, his eyes bulging.
Oh, I am sorry, Della Street remarked. I shouldnt have said that.
Just who are you and what do you want? Milton asked.
I shall answer your second question first. We want to know exactly what time you
performed a marriage ceremony between Edith DeVoe and Frank Oafley.
Milton was now only too willing to talk.
The parties were very anxious to keep the ceremony secret, but I didnt suspect it
was a bigamous marriage. I received a call at approximately nine oclock, asking me to
come to a certain address. The party who called me on the telephone stated that it was a
matter of the greatest importance, but didnt say what it was. He did say, however, that I
would be very well compensated. I went to the address. I found Mr. Oafley, whom I had
met previously, and a young woman who was introduced as Miss Edith DeVoe. They had
a marriage license, properly issued, and, as a minister of the Gospel, I solemnized a
marriage.
Were there witnesses?
There were some men next door who were engaged in a little... er... gathering. I
think perhaps they were playing cards. Mr. Oafley stepped to the door and asked them
to witness the marriage ceremony.
What time was the ceremony performed?
About ten oclock.
When did you leave there?
Twenty minutes later. There was quite a bit of good-natured chaffing. The men
were very nice, very cordial, very... well, er, convivial. There was a little party... Of course,
I didnt touch anything myself, and I cant say that I approved of the spirit of the
occasion, but, nevertheless, they were interesting people, and it was impossible to leave
immediately.
You mean they drank a toast to the health of the bride and groom?
To the health of the bride, the health of the groom, to my health.
Do you know exactly what time you left?
No, it was around ten fifteen, perhaps a few minutes later than that.
Were you well paid? Perry Mason asked.
Very well paid, very well paid, indeed.
Mason said slowly, How long had you known Frank Oafley?
He has been in my church on several occasions.
A regular member?
No. Not a regular member. I wouldnt class him as such, but he has been there,
and I have met him.
He introduced you to the young woman?
Yes. And the apartment was in her name, Edith DeVoe.
Did they tell you why they were anxious to have the marriage kept secret?
No, they didnt. I understood there was some question of opposition on the part of
relatives. I think the young woman was a nurse, and Mr. Oafley is, I believe, of rather a
wealthy family. However, I paid little attention to that. I performed the marriage ceremony
and...
Kissed the bride, I presume, Mason interrupted with a laugh.
The Reverend Milton failed to see any ground for humour in the remark. He said
very seriously, As a matter of fact, I did not. The bride kissed me as I was leaving.
Mason nodded to Paul Drake, reached for the knob of the outer door. Thats all,
he said.
Was the marriage bigamous?
In view of what you tell me, Mason said, I dont think it was. But I was checking
up on it. You know, marriages that are performed under such circumstances are always
open to suspicion.
The trio slipped hastily through the door into the night, leaving Milton blinking
after them in bewildered appraisal. Then he slammed the door shut, and they heard the
clink of the safety chain as it was slid into position, and the rasp of the bolt.
I am a lawyer, Mason remarked, and darn seldom even bother to lock my door.
This chap is supposed to have all sorts of faith in human nature, and he barricades
himself behind a lot of thief-proof doodads.
I know, Della Street said with a nervous giggle, but brides dont have to follow
you to the door to kiss you.
Mason chuckled.
Whats next? Paul Drake asked.
If we can survive the ordeal of another journey in that car of yours, we are going
to see Winnie.
You know where to find her at this hour of the night? Drake asked.
Yes. She lives back of the waffle place.
We dont want to make a racket there. There will be a merchants patrol and. . .
We will telephone her and tell her we are coming, Mason said. That is, I shall
tell her I am coming. I shall introduce you two after we get there.
Has it ever occurred to you, Drake asked slowly, that this marriage ceremony was
taking place at just about the time Ashton was being murdered in his room, thereby
giving both Oafley and Edith DeVoe iron-clad alibis?
A lot has occurred to me, Mason said, that Im not discussing right now. Lets go.
They piled into Drakes car. Mason stopped the car once to telephone Winifred he
was coming, and then, when Drake had parked the car in front of the Waffle Kitchen,
motioned them to silence as he placed them in the shadows near the doorway, while
he stood in front of the plate-glass door, and pounded with his knuckles.
A moment later he saw a bit of diffused light come from the door at the end of
the passageway, and then Winifreds supple figure, attired in a flowing silk negligee,
glided toward him. She shot the bolt and opened the door. What is it? she asked.
Mason said, You know Paul Drake. He was with me the first time I came here, and
this is Della Street, my secretary.
Winifred gave a little exclamation of dismay. I didnt know I was to meet people,
she said, and I dont want anyone to know about...
Thats all right, Mason told her. No one knows anything at all. We want to talk
with you. He pushed the door open, then when his companions had entered, carefully
closed it. Winifred led the way down the corridor to the bedroom, which apparently
was just as Perry Mason had last seen it, except that the bed had been slept in.
Wheres Douglas Keene? Mason asked.
She frowned, and said, I told you all that I knew about him.
I dont want you to think I am betraying any confidences, Mason told her, but
its necessary that these people know whats happening, because they have got to help
us. Paul Drake is a detective who works for me, and Della Street is my secretary, who
knows everything that goes on. You can absolutely trust their discretion. Now I want to
know where Douglas Keene is.
She blinked her eyes-rapidly, as though about to cry, but faced them steadily,
saying, I dont know where he is; all I know is he sent me a message saying that he was
going to leave, where no one would ever find him.
Lets take a look at the message.
She pulled back the pillow, and produced an envelope on the outside of which
her name had been written. There was no other writing on the envelope, no address
and no stamp. She opened the envelope and took from it a folded piece of paper. After
a moments hesitation, she handed the paper to Perry Mason.
Mason, standing near the center of the room, his feet spread wide apart, shoulders
squared, read the message with expressionless features. When he had finished, he said, I
am going to read this aloud, and then read in a monotone:
Darling:
I am up against a combination of circumstances I cant beat. I lost my head
and made a mistake, and I shall never have any opportunity to rectify that
mistake. Please believe that I am innocent of any crime, but you will need
lots of faith to hold that belief in the face of the evidence which will be
presented.
I am going out of your life forever. The police will never catch me. I am far
too clever to walk into the traps which catch the ordinary fugitive from
justice. I shall travel by plane, and no one will ever find me.
Ashton had the Koltsdorf diamonds concealed in his crutch. He had
hollowed out a hiding place for them. The diamonds are still there. Give the
police an anonymous tip and let them trace the crutch.
I shall always love you, but I am not going to drag your name through the
mire of a murder trial. Try and make Ashton talk. He can tell a lot.
Lovingly yours
Douglas.
Mason stared steadily at the letter for a while, then suddenly whirled to face
Winifred Laxter.
You didnt show me that note when I was here before, he said.
No, I didnt have it.
When did you get it?
It was slipped under the door.
After I left?
Yes, I guess so. It must have been if you didnt see it there when you went out.
You said Douglas had telephoned you.
Yes.
He didnt tell you this about the diamonds over the telephone?
No.
How did he know where the diamonds were?
I dont know; I only know whats in the note.
You love him?
Yes.
Were engaged to him.
We were going to be married.
You didnt call him Douglas.
What do you mean?
You had some pet name for him.
She lowered her eyes, and flushed.
And, Mason went on, when you didnt call him by that pet name, you still didnt
call him Douglas you called him Doug.
Does that make any difference? she countered.
Simply this! Mason said. If Douglas had written that note to you, he would have
signed it Doug or some pet name, and it would have been a lot more tragic. There
would have been some affectionate stuff in it, and he would have told you good-bye,
and that he loved you. That note wasnt written for you; it was written for the public.
That was a note that was given you to show people.
She was watching him with wide eyes, her lips compressed tightly together, as
though she were trying to keep from whimpering or letting some damaging statement
escape her.
That notes a blind. Douglas telephoned you, and told you he was in a jam. He
wouldnt leave without seeing you. He came to say good-bye. You talked him into
staying. You told him you had employed me, and I was going to clear things up. You
asked him to stay; he refused. You asked him if he wouldnt at least stay where you
could keep in touch with him until after I had made a complete investigation.
Her face gave no faintest flicker of expression, but she clenched her right fist, slowly
brought it up until the muscles were pressing tightly against her lips.
And so, Mason went on inexorably, Douglas Keene agreed to stay within reach
until the police had uncovered all of the facts, and I had tried to explain those facts in
such a way as to establish his innocence. But you wanted to throw the police off the
trail; so Douglas Keene left this note that you were to give to me, and later on intended
to give to the newspaper reporters.
Mason pointed a rigid forefinger at her. Speak up, he said, dont lie to your
lawyer. How the hell can I help you if you start concealing facts?
No, she said, thats not true. Thats. . . Oh!
She dropped on the edge of the bed and started to cry.
Mason strode to the closet door, jerked it open, went to the room which
contained the shower, opened the door, and looked about in that room. He frowned
thoughtfully, shook his head, and said, She is too wise to have him where the officers
would be apt to look. Paul, get busy and see if there isnt a storeroom around here
where boxes and stuff are kept.
Mason strode to the bed, jerked back the covers, felt of them and nodded. Just
one blanket, he said. She has taken off some of the blankets to give him.
Della Street crossed to Winifreds side, put her arm around the girls shoulder and
said soothingly, Cant you understand, dear, he is trying to help you? He is only being
gruff because time is precious, and he must know the facts before he can plan his
campaign.
Winifred slid her head over on Della Streets shoulder and began to sob.
Wont you tell us? Della asked.
Winifred shook her head, rolling it from side to side on Della Streets shoulder.
Mason strode out of the door to the corridor which ran between booths and
lunch counter, peered about him, then crossed behind the lunch counter and started
looking into the corners and down under the counter.
Paul Drake had explored a side passageway. Suddenly he gave a shrill whistle.
Here it is, Perry.
Winifred screamed, jumped to her feet, and ran the length of the passageway, her
robe billowing out behind her. Mason, walking rapidly, covered the space almost as
quickly as the running girl. Della Street, moving at a more leisurely pace, brought up the
rear.
A door was open. It showed a litter of broken boxes, old barrels, some cans of
paint, a few surplus stores, broken chairs and various odds and ends which had
accumulated from the operation of the waffle kitchen. A space near one corner had
been cleaned out, and broken packing cases and chairs piled in such a manner as to
conceal it. On the floor were spread two blankets and a pillow made by stuffing papers
into a flour sack. A sheet was pinned to the blanket.
Paul Drakes flashlight threw brilliant light into the corner, and held the square of
note paper in the center of its beam.
A note, he said, pinned on that blanket.
Winifred made a dive for the note. Perry Masons rigid right arm thrust in front of
her held her back.
Just a minute, sister, he said. You take too many liberties with the truth. I shall
read this one first.
The note was a scrawl, as though it had been penciled in the dark. It read:
I cant do it, Winnie, dear. Probably they would never find me. But if
they did it would make it tough on you. I would feel that I was hiding
behind you as a shield. Perhaps if things come out all right I shall get
in touch with you. But I know they will be watching you and watching
your mail, so you wont hear anything from me for a while. Lots of love
and kisses to you, sweetheart.
Your own Doug.
Mason read the note out loud, folded it and said to Della Street, Catch her, quick.
She is going to faint.
Winifred sagged toward Della Streets protecting arm, then straightened. Her eyes
were wan and pathetic. I shouldnt have left him alone, she said. I should have known
he would do that.
Perry Mason moved toward the door, kicked aside a broken packing case, walked
down the passageway, entered Winifreds room, picked up a telephone and dialed a
number. I want to talk with District Attorney Burger, he said.
After a moment he said, Its Perry Mason talking. I have got to see him on a
matter of importance. Where can I reach him?
The receiver made squawking noises, and Perry Mason, with an exclamation of
disgust, hung up the receiver.
He dialed another number, and said, Police Headquarters?... Is Sergeant Holcomb
where you can put him on the phone?... Hello, Sergeant Holcomb? This is Perry Mason...
Yes, I know its late... No, it isnt past my bedtime. If you are trying to be funny, you can
skip it, and if you are wisecracking you can go to hell. I rang up to tell you that I
personally will guarantee Douglas Keene will surrender to the police at five oclock
tonight... No, not at Police Headquarters. That would give you a chance to pick him up
en route, and claim he was a fugitive from justice. I shall telephone you from some
place which I shall select. You can come there and pick him up. Dont try to keep the
information from the newspapers, because I am going to tell them... Yes, I shall
surrender him at five oclock...
Winifred Laxter lunged toward the telephone.
No, no! she screamed. No! You cant ...
Perry Mason pushed her away. Five oclock, he said, and hung up.
Della Street held one of the girls arms. Paul Drake held the other.
She was wrestling with them, her eyes fastened on Perry Masons face with an
expression of stark fear.
You cant do it! she screamed. You mustnt. You. . .
I said I would do it, Perry Mason said slowly, and, by God, I will.
You are selling us out.
I am selling no one out. You wanted me to represent him. All right, I am going to
represent him. The boy has made a fool of himself. He is just a kid. He got stampeded
into running away. Someone has double-crossed him. I am going to put him back on
the right track.
He will read the newspaper. He will read that I am representing him. He will read
that I have personally guaranteed to surrender him into custody at five oclock tonight.
He will know I am acting for you. He will come in and give himself up.
Chief, Della Street pleaded, suppose he shouldnt get in touch with you, suppose
he should read that in the paper and still keep in hiding?
Perry Mason shrugged his shoulders.
Come on, he said to Paul Drake. We should better get up to the office.
Newspaper reporters are going to ask us questions.
He turned to Della Street.
You stay here until that girl gets quieted down. Dont let her have hysterics, and
dont let her make a fool of herself. As soon as you can leave her, come up to the
office.
Della Street, clicking her heels together, made a mock military salute.
Okay, Chief, she said.
She turned to Winifred Laxter. Come on, baby, snap out of it.
I am s-s-s-snapped out of it, Winifred said, fighting back tears. Mind your own
d-d-d-damned b-b-b-business, and g-g-go on up to his office.
Chapter 12
The electric lights gave a sickly pale illumination to Perry Masons office. It was
that hour of the morning when the concrete caverns of the city cliff dwellers appear to
the greatest disadvantage. Outside was the freshness of early dawn, contrasting with
the stale air of the office. It was some half hour before sunrise. There was only enough
daylight to emphasize the inefficiency of the man-made substitute.
Perry Mason stretched out in his swivel chair, placed his heels on the corner of the
desk, lighted a cigarette. When the newspaper reporters come in, Della, keep them in
the outer office and bring them in all at once.
She nodded. Her eyes showed worry.
Paul Drake moved over and sat on the edge of Perry Masons desk.
You and I, he said, had better pool a little information.
Masons eyes were expressionless. Such as what? he asked.
My men tell me Edith DeVoe was killed. She was beaten over the head with a club.
The club was part of a crutch which had been sawed up.
Perry Mason smoked in silence.
Of course, I knew that you had something in mind when you went up to Doug
Keenes apartment. When I saw the blood-stained clothing, I knew it didnt come from
the Ashton murder.
But at that time, Mason asked, you didnt know anything about the DeVoe
murder?
Certainly not.
That, Mason said, might be a good thing to remember in case you were
questioned.
Did you know about it?
Mason stared steadily out of the window into the graying dawn.
After a few moments, when it became apparent he didnt intend to answer the
question, Drake went on, Do you know a man named Babson? He is an expert
cabinetmaker. He does all sorts of woodwork, and, as a sideline, makes crutches.
Masons face showed interest.
A couple of weeks ago Ashton dropped into Babsons place. Ashton had his crutch
made there. He wanted his crutch altered. He wanted a hole bored near the tip of the
crutch, wanted it reinforced with metal tubing and lined with chamois skin. He wanted the
metal threaded so that a cap could go on the end and the whole business be concealed
under the rubber tip of the crutch.
Mason said slowly, Thats interesting.
About three days ago, Drake went on, Babson was questioned about that crutch
business. A man who gave his name as Smith said he was representing an insurance
company that was interested in Ashtons injuries. He wanted to know if Ashton had
secured a new crutch or had any alterations made to the old one. Babson started to tell
about the changes, then thought better of it and started questioning this man, Smith.
Smith walked out.
Got a description? Mason asked tersely.
Five foot eleven, age forty-five, weight a hundred and eighty pounds, light felt
hat, blue suit, and a peculiar scar across the face. He was driving a green Pontiac.
When did that report come in? Mason asked.
The night operator handed it to me when I went past the office. It had been on
my desk for some little time. One of the boys turned it in in his report.
Good work, Mason said. How did he happen to call on Babson?
You wanted a complete check-up on Ashton, so I told the boys to go the limit.
Naturally, we were interested in the place where his crutch had been made.
Well, Mason told him, add one more name to your list put a tail on Jim
Brandon. Find out all you can about him. See if he has been flashing any ready money
lately.
Already done, Drake said laconically. I put a couple of men on him as soon as I
got the report. Now let me ask you a few questions.
Such as what? Mason inquired.
Such as where you are going to stand in this thing. Did you have to telephone
the police, promising to surrender that kid?
Sure I had to do it, Perry Mason said with a savage impatience. Cant you get
the sketch? He is either guilty as hell or else that was a plant. If its a plant, he cant
dodge it. He has got to face it. If he tries to run away, he is going to be picked up. If the
police pick him up and he is running away, he is headed for the gallows. He will stretch
hemp in spite of anything I can do. If he is guilty and surrenders and stands up like a
man, faces the music, pleads guilty and tells his story to the court, I can probably get
him off with life imprisonment.
But you are gambling that he isnt guilty? Della Street asked.
I am gambling, with everything I have got, that he isnt guilty.
Thats just the point, Chief, Della Street protested in hot indignation. You are
gambling too much. You are staking your professional reputation backing the play of
an emotional kid about whom you know nothing.
Perry Mason grinned at her, a grin which held no amusement, but was the savage
grin of a fighter coming back into the ring to face a formidable adversary who has
already inflicted terrific punishment. Sure I am, he agreed. I am a gambler. I want to
live life while I am living it. We hear a lot about the people who are afraid to die, but we
dont hear so much about the people who are afraid to live; yet its a common failing. I
have faith in Winifred, and I have faith in Douglas Keene. They are in a bad spot and
they need someone to front for them, and I am going to do it!
Paul Drakes voice still held a note of pleading.
Listen, Perry, it isnt too late to back out. You dont know anything about that kid.
Look at the facts against him. He. . .
Shut up, Paul, Perry Mason said without rancor. I know how the facts stack up just
as well as you do.
But why should you stake your reputation on the innocence of some kid when
everything points to his guilt?
Because, Mason said, I play a no-limit game. When I back my judgment, I back
it with everything I have. I try not be wrong.
A no-limit game makes for big winnings and big losings, Della Street pointed out.
Mason said impatiently, with a gesture which included both of them, What the hell
can a man lose? He cant lose his life because he doesnt own that, anyway. He only has a
lease on life. He can lose money, and money doesnt mean one damn thing as compared
with character. All that really counts is a mans ability to live, to get the most out of it as
he goes through it, and he gets the most kick out of it by playing a no-limit game.
A buzzer sounded in the office as the door of the entrance office opened and
closed. Drake nodded to Della Street. She rose and slid through the doorway into the
outer office. Paul Drake lit a cigarette and said, Perry, you are a cross between a boy
and a philosopher, an impractical, hard-hitting visionary, a damned altruistic cynic, a
credulous skeptic ... and, dammit, how I envy you your outlook on life!
Della Street opened the door and lowered her voice apprehensively. Sergeant
Holcomb is out there, she said, with a whole flock of newspaper reporters.
Did Holcomb bring the newspaper reporters?
No. I think he tried to beat them to it. They have been tagging along behind. He
seems irritated.
Perry Mason grinned, blew a smoke ring at the ceiling. Show the gentlemen in,
he said.
Della Street ventured a grin. Does that include Sergeant Holcomb?
Just this once, it does, Mason told her.
Della Street flung open the door. Come in, gentlemen, she said.
Sergeant Holcomb pushed his way through the door. Back of him appeared several
men who spread out fanwise as they entered the room, took up positions against the
wall. Some of them took out notebooks. All of them had an attitude of listening intently,
the attitudes of spectators at the opening round of a prize fight, who scrouge forward to
the edge of their chairs lest they miss a single blow in what promises to be an encounter
of whirlwind rapidity.
But, Mason pointed out patiently, suppose it should turn out he wasnt a
murderer, Holcomb?
Wasnt a murderer! Holcomb almost screamed. Wasnt a murderer? Why, do you
know what the evidence is against that boy? He went out to see Charles Ashton. He was
the last man to see Ashton alive. Now get this and get it straight. Ashton had a cat. The
cat slept on Ashtons bed. Douglas Keene went out to get that cat; and he got the cat.
Witnesses saw him when he entered the room, and saw him leaving the place with the cat
in his arms.
Now Ashton was murdered before the cat left the place. The cat had jumped in
through the window. There were tracks on the bed where the cat had walked up and
down. There was even a cat track squarely in the middle of Ashtons forehead, proving
that the murder was committed before Keene left with the cat. Ashton was killed after
ten oclock and before eleven. Keene was there in Ashtons room shortly before ten and
stayed there until he left with the cat after eleven.
Mason, pursing his lips, said, That would make quite a case against Douglas
Keene, if you were certain it was Ashtons cat he carried away.
Of course it was Ashtons cat. Witnesses saw him, I tell you. The housekeeper saw
him. She wasnt sleeping well. She was looking out her window when Keene left. She
saw him with the cat in his arms. James Brandon, the chauffeur, was driving a car to the
garage. He turned in the driveway, and the headlights hit Douglas Keene squarely. He
will swear Keene was carrying the cat.
You mean Clinker?
I mean Clinker, if thats the cats name.
Under those circumstances, Mason said, the weight a jury would give the
testimony of these people would depend upon their ability to convince the jury of the
identity of the cat. Wheres the cat now, by the way, Sergeant?
I dont know, Sergeant Holcomb said, then added, significantly, Do you?
Perry Mason said slowly, I dont think, Sergeant, there is any law in the Penal
Code against giving shelter to a cat, is there? You are not by any chance accusing the
cat of the murder, are you?
Go ahead and crack wise, Sergeant Holcomb said. Do you know what I am
doing here? Do you know the real purpose of my coming here?
Mason raised his eyebrows and shook his head.
Holcomb, pounding the desk with his fist, said, I came here to tell you that Douglas
Keene was wanted for murder. I came here to tell you that we are getting a warrant out
for Douglas Keenes arrest. I came here to tell you the evidence against Douglas Keene so
that if you continue to conceal Douglas Keene, we can have you convicted of a crime
involving moral turpitude and have you disbarred. Thats why I am here. I am going to tell
you all of the evidence. When I leave here you are never going to be able to tell a jury or
the Grievance Committee of the Bar Association you didnt know Douglas Keene was
wanted for murder and that you didnt know the evidence that was against him.
Rather shrewd, Sergeant, Perry Mason said. In fact, its very shrewd. You are
closing the door to any possible defense that I might have, is that it?
Thats exactly it. You are either going to turn up Douglas Keene, or you are going
to be arrested, prosecuted, and eventually disbarred.
Have you, Mason asked, entirely finished? Have you told me all the evidence?
No. I havent even told you half of it.
And I take it, Sergeant, that you intend to tell me all.
You are damn right I intend to tell you all.
Mason inclined his head in the receptive attitude of one who is about to listen
intently. But Sergeant Holcombs voice filled every corner of the office, seemed to rattle
back from the windows.
Edith DeVoe wanted to see Douglas Keene. She telephoned and left messages
for him at several places. Douglas Keene went to call on her. The manager of Edith
DeVoes apartment house happened to be leaving the house just as Douglas Keene
was pressing his finger against the button which rang Edith DeVoes bell. When the
manager opened the door, Keene took advantage of it by walking in. The manager
naturally stopped him and asked him where he was going. Keene said he was going to
see Miss DeVoe; that she had sent for him.
Later on the district attorney went to question her. She was lying on the floor
unconscious. She had been literally clubbed to death. We went to Douglas Keenes room.
We found that garments he had worn were bloodstained. There was blood on his shirt,
on his collar, on his shoes, on his trousers. He had tried to wash out the bloodstains and
failed. He had tried to burn up some of his clothes and had even failed to do that. Shreds
of cloth were left in the ashes, and they gave a chemical reaction which shows there was
human blood on them.
Was the cat there? Mason asked.
Holcomb controlled himself with an effort. No, the cat wasnt there.
Just how would one make an absolute identification of a cat? Perry Mason asked.
Theres no way of fingerprinting a cat, is there, Sergeant?
Go ahead, Holcomb said grimly, be as smart as you want to. You are a lawyer
making his living defending murderers. Two months from now you will be disbarred.
You will be walking the streets.
So far, Mason remarked, I havent defended murderers. I have only defended
persons accused of murder. You must appreciate, Sergeant, that there is quite a
difference. But I am serious about the cat, Sergeant. Suppose the housekeeper and the
chauffeur should both swear Keene was carrying Clinker in his arms; and suppose I
should line up a couple of dozen Persian cats in front of the witnesses and ask them to
pick out Clinker. Do you suppose they could do it, and in the event they pick out one
cat and swear that it was Clinker, do you suppose there is any way by which we could
definitely establish to the jury that they were right?
So thats your game, is it? Holcomb asked.
Mason smiled urbanely. Why no, Sergeant, thats not my game. I was just asking
you a question; thats all.
Sergeant Holcomb leaned across the desk, holding both edges of it with a grip
which drew the skin white and taut across the knuckles.
After a while, Mason, he said, we get so we know just about what to expect with
you. The police department isnt as dumb as you may think it is. And, just to give you a
little something to think over, as soon as you telephoned that you were going to
represent Douglas Keene and that he would surrender at five oclock tonight, I sent some
of the boys out to locate the cat. And it just happened that I knew where to send them.
Just for your information, we have picked up Clinker, and he is in police custody. He was
in the apartment of your very efficient secretary, Miss Della Street. And the cat has been
identified at police headquarters by the chauffeur and the housekeeper, and a label has
been tied around his neck. And any time you want to start juggling cats in front of a jury,
you wont have to worry about taking fingerprints, or switching cats, or pulling any of
your other tricks, because Clinker will be right there with a tag around his neck.
Sergeant Holcomb turned on his heel and strode toward the outer office.
For a moment, Perry Masons face was grim and tense. Then he gave a slow smile
in the direction of the newspaper reporters.
We would like to ask you, one of the men said, if you agree. . .
Mason said slowly, Gentlemen, you have a damned good story. Go ahead and
publish it as it is. And then clamped his lips shut in the obstinate silence of one who
knows how to keep quiet.
Chapter 13
Perry Mason turned from the telephone and said to Della Street, Nat Shuster and
his two clients, Sam Laxter and Frank Oafley, are out there to see me. This is going to be a
good show while it lasts. Go out and send them in. Turn on the loud-speaking inter-office
telephone, sit out in your office and take down as much of the conversation as you can.
You may have to testify later on about what was said.
And I am to keep a line open? she asked. And talk with anyone who calls for
you?
Absolutely. See that nothing interferes with that. Douglas Keene may telephone
in at any time. I dont want his call to be handled by the regular office system.
Suppose he doesnt telephone in, Chief?
We have been over all that before.
Suppose he is guilty? Can Sergeant Holcomb do all of those things he was
threatening?
Mason shrugged. That, he said, is where I have them fooled. Holcomb is trying
to stick me for concealing a murderer. I have told the police Keene will surrender at five
oclock. Naturally they think I know where he is. I dont know any more about it than
the man in the moon.
Therefore, theres nothing they can do? she asked.
Dont worry so much; go ahead and let Shuster in here. He is probably going to
deal a couple of cards from the bottom of a cold deck.
Such as what?
Such as suing me for defamation of character.
Why?
Because I told the district attorney what Edith DeVoe told me about that
automobile exhaust business.
But you were just passing on what she told you.
I cant even prove that she told it to me now. She is dead and there werent any
witnesses. Go ahead and bring Shuster in, and dont forget to listen to everything thats
said, and take notes so you can testify to it later on.
She nodded, slipped through the door, and, a moment later, ushered Shuster,
Laxter and Oafley into the room.
Shuster twisted his lips back from protruding teeth. The perfunctory smile over,
his face became a mask of reproachful gravity. Counselor, did you inform the district
attorney that my client, Samuel C. Laxter, was guilty of the murder of his grandfather,
Peter Laxter?
Want me to answer that yes or no? Mason inquired casually.
We want an apology.
Go to hell.
Samuel Laxter stepped forward. His face was white.
Mr. Mason, he said, I dont know you, but I do know theres something rotten
in Denmark. I had heard that a story was being circulated, linking me with the death of
my grandfather. Its a damnable lie! I have also heard that you led the officers to a
surreptitious and unwarranted search of my car, in my garage, after first picking the
lock of the garage in order to get across to my car. Someone had planted a long tube
in my automobile without my knowledge. I dont know what protection the law gives
me thats up to Mr. Shuster but I certainly intend to see that you are held to strict
accountability for what you have done.
Mason yawned.
Shuster laid a restraining hand on Sam Laxters arm. Now let me do the talking,
he said, let me do the talking. Dont get excited. Keep calm, keep calm. I can handle
him. You let me make the statements.
Mason sat down once more in his big swivel chair, leaned back and took a
cigarette from the cigarette case on the desk. Anything else? he asked, tapping the
end of the cigarette on his thumb-nail.
Frank Oafley said, Mr. Mason, I want you to understand my position. My
relationship with Edith DeVoe is no longer a secret. She had done me the honor to
marry me shortly before her death.
He stopped for a moment while a spasm of expression crossed his face; then he
went on, She had told me about what she had seen, but I hadnt been inclined to give
it much thought until after the district attorney pointed out to me how easy it would
have been for someone to have put carbon monoxide into Grandfathers room.
Naturally, this came as a big shock to me. I know my cousin well. I cant believe
that he was capable of any such thing, and then I remembered that Edith had never
told me that she had positively recognized Sam as the one in that car. The man in the
car had his face concealed under the broad brim of Sams hat. That was what led Edith
to believe the man in the car was Sam Laxter.
Now, if you told the officers that Edith said Sam Laxter was seated in that car,
you have made a statement which was unwarranted by anything Edith said.
Mason, studying Frank Oafleys face, said speculatively, So thats your story, is it?
Thats my story, Oafley said, blushing.
Shusters face was cunning. Consider, Counselor, what a position you are in, he
said to Mason. You make a charge against my client. You cant back that charge up;
you have got no evidence. You cant testify what Edith DeVoe told you because thats
hearsay. Dying declarations are admissible when a person making them knows he is
going to die, but this wasnt a dying declaration. When she told you this, she thought
she would live to be a hundred, so you havent got a leg to stand on. My client can take
you into court. He can trim you. He can stick you; he can soak you but he wont do it
if you make a retraction.
What Shuster means, Oafley said, is that you emphasize that Edith didnt know
who it was in the car.
Sam Laxters face was scowling. I want more than that, he said. I want a
retraction and an apology. I never sat in that car, and Mason knows it.
Perry Mason stretched forth his hand to a row of books which stood on his desk,
supported by book ends. He pulled out a book, opened it, and said, Speaking of law,
gentlemen, I will read you a little law. Section 258 of the Probate Code reads as follows:
No person convicted of the murder of the decedent shall be entitled to succeed to any
portion of the estate; but the portion thereof to which he would otherwise be entitled to
succeed goes to the other persons entitled thereto under the provisions of this chapter.
There is some law for you to think over, Frank Oafley.
Shuster sputtered into speech with moist vehemence. What a trick! he
exclaimed. What a scheme! He tries to turn you one against the other, reading from
his law books, making his dirty slanders. Close your ears to his words, close your hearts
to his thoughts, close your. . .
Mason interrupted, speaking directly to Frank Oafley. You would like to protect
your cousin, he said, but you know as well as I do that Edith DeVoe wasnt the sort of
girl to jump at false conclusions. Perhaps she didnt see the mans face, but she saw the
mans hat, she heard his voice and she thought that man was Sam Laxter.
Oafleys forehead knitted thoughtfully as he said slowly, She did hear his voice.
Go ahead, Sam Laxter said bitterly, put on an act, Frank; pretend you are being
convinced, but you are not fooling me any. The minute this lawyer showed you that
you could hog all of my inheritance by getting me convicted of murder, I knew what
was going to happen.
Gentlemen, gentlemen! Shuster half screamed. Dont do it; dont fight. Its a
trap. Dont walk into it. He gets you fighting between yourselves and then his damn cat
inherits the estate. What a scheme! What a scheme! Oh, what a trick!
Mason, looking at Sam Laxter, said, How do you account for that tube being
found in your car?
Someone planted it, Laxter said belligerently. You led the officers to the garage
and they found a tube in my car, after you suggested they look for it.
Mason said, Do you think I planted the tube in your car?
Shuster rushed in front of Sam Laxter, grabbed him by the lapels of his coat,
pushed him back and shouted, Dont answer! Dont answer! Its another trap. He gets
you to charge that he planted it and then he sues you for defamation of character. You
cant prove he planted it there; dont say it; dont say anything. Let me do the talking.
Keep quiet, everybody; keep calm. Dont get excited. I shall handle it.
Oafley moved a step closer to Laxter and said, over Shusters shoulder, Are you
insinuating that I planted it there, Sam?
Laxter, his voice edged with bitterness, said, Why not? You dont fool me any,
Frank Oafley. You would do a damn sight more than that for half a million dollars. I am
commencing to see this thing in a new light now.
You forget, Oafley said, with cold dignity, that it was Edith DeVoe who saw this.
I didnt see it, and when she first told me, I didnt attach any significance to it.
Gentlemen, gentlemen, Shuster pleaded, turning his head rapidly to look
beseechingly first at Laxter, then at Oafley. Gentlemen, calm yourselves. This isnt what
we came here for. Keep cool. Remember what I told you to say. Let me do the talking.
Shut up, everybody.
Edith Oafley, Sam Laxter sneered, paying no attention to the lawyer. If she
werent dead, I could say plenty about her.
Oafley, with an inarticulate expression of rage, pushed Shuster aside with his right
hand and slapped Laxters face with his left.
Gentlemen, gentlemen! Shuster screamed. Remember. . .
Sam Laxters left fist, swinging in a sizzling blow aimed at Oafleys jaw, caught
Shuster full in the face as the little attorney pawed at Laxters coat. Shuster went to the
floor, moaning. Laxter swung his bandaged right arm, struck Oafley a glancing blow on
the cheek. Oafley stepped in, swinging his right. Laxter missed with a left. For a moment
the two men stood toe to toe, slugging wildly, their blows doing but little damage.
Shuster, on the floor, tugged at their trousers legs. Gentlemen, gentlemen, he
pleaded, his voice half muffled by his cut and rapidly swelling lips.
Perry Mason elevated his feet to the desk, tilted back in his swivel chair and
puffed complacently at his cigarette, watching the melee with whimsical humor.
Abruptly, Oafley stepped back.
I am sorry, Sam, he said. I forgot your arm was hurt.
Shuster bobbed up between them, a palm against the vest of each, trying to push
them apart. The men, breathing hard, paid no attention to his futile efforts, but stood
staring at each other.
Dont worry about my arm, Sam Laxter said bitterly, then glanced at the bandage.
It showed a red stain where the wound had been reopened.
Come away, come away, Shuster said; he is full of tricks. He is clever. Didnt I
warn you before I came in here?
Oafley said slowly, his chest heaving, his face flushed, Just keep your tongue off
Edith, thats all. He turned abruptly, crossed the office, jerked open the corridor door.
Shuster hesitated a moment, then ran after him, shouting, Mr. Oafley! Mr. Oafley!
Come back here a moment, Mr. Oafley!
Oafley called back over his shoulder, You can go to hell. I am going to get a
lawyer of my own.
Shuster looked at Sam Laxter with an expression of consternation on his face, then
turned to Perry Mason. You did it! he screamed. You did it deliberately! You turned
these men one against the other. You put suspicion in their minds. You made an issue out
of Edith DeVoe. You ...
Close the door, Perry Mason interrupted in a calm tone of voice, as you leave.
Shuster put his hand through Sam Laxters arm.
Come, he said. The law gives us our remedy.
Sam Laxter said bitterly. He will get a lawyer and try to pin Granddads murder on
me. What a sweet mess that is.
Shuster pushed him through the door.
Dont forget to close the door, Mason called.
Shuster banged the door shut with a force which threatened to pull the wall down.
The effect of the slam was still shivering the pictures on the walls when Della Street
opened the door from the outer office.
Did you do that on purpose? she asked.
Mason, smoking calmly, said with a detached air, There was no sense having both
of them support Shuster. As a matter of fact, their interests are adverse. They should have
realized it. If Shuster is representing one of them, the other will get another lawyer. That
will mean two lawyers fighting, and that will be a break for Douglas Keene.
She sighed, as a mother sighs who is confronted by a hopelessly naughty child,
then suddenly laughed. Well, she said, I got it all down, even including the sound of
the blows. Winifred Laxter is in the outer office. She has got a cat with her.
A cat? Mason asked.
Yes, a Persian cat.
Masons eyes were twinkling as he said, Tell her to come in.
And that was true about the police getting the cat from my place, she said. They
told the manager they had to search my apartment. They got a pass-key from her.
Did they have a warrant? Mason asked.
I dont think so.
Mason, smoking his cigarette, said thoughtfully, It puts you in something of a
hole, Della. I am sorry I didnt think they would look out there. Sergeant Holcomb is
getting better and better or worse and worse whichever you want to call it.
Why does he hate you so much?
Simply because he thinks I am shielding murderers. He is all right; he is just zealous.
I dont blame him. And you must admit my manner toward him is a little irritating at
times.
Della Street. The cats sure look alike. But you couldnt get away with it. They would find
out sooner or later where you got the cat. There might be a big difference of opinion as
to whether it was Clinker or wasnt Clinker. But in the long run it would put you on a
spot, and you are not going to get put on a spot.
But it is Clinker. I went out there and found him. He had been frightened to death
poor cat all the noise and excitement and finding his master dead, and everything ...
No, Mason told her, I am not going to let you do it, and thats final. I suppose
the papers are on the street and you have read that the police found Clinker in my
secretarys apartment.
They found the cat they thought was Clinker.
Mason said good-naturedly, Baloney! Take your cat and go on back to your
waffle parlor. Is Douglas Keene going to get in touch with me and give himself up?
I dont know, she said with tears in her eyes.
The cat, arching its back, started exploring the office.
Kitty kitty, come, kitty, Winifred pleaded.
The cat paid no attention to her. Masons eyes were sympathetic as he stared at
the tear-stricken countenance. If Douglas gets in touch with you, he said, tell him
how important it is that he back my play.
I dont know that I will. You d-d-d-didnt have to go ahead and s-s-s-say that.
Suppose they should convict him and hang him for m-m-m-murder?
Mason crossed to her side, patted her on the shoulder.
Wont you have some confidence in me? he asked.
She raised her eyes.
Dont you think you have got to take the responsibility of this thing, Mason told
her soothingly. Dont go out picking up cats and figuring how you can work out an
alibi for Douglas. You just dump all of that onto my shoulders and let me carry the
load. Will you promise that you will do that?
Her lips quivered for a moment, then straightened. She nodded her head.
Mason gave her shoulder one last pat, crossed the office to where the cat was
sniffing about, picked it up, and carried it back to Winifred and put it in her arms.
Go home, he said, and get some sleep.
He held the corridor door open for her. When he had closed it, Della Street stood
in the doorway of his private office.
Mason grinned at her. A dead game kid, he said.
Della Street nodded her head slowly.
Mason said, How would you like to cut corners, Della?
What do you mean?
How would you like to go on a honeymoon with me?
Chapter 14
Perry Mason, seated in Paul Drakes office, said, Paul, I want you to turn your men
loose on the new car agencies and find out if a new car has recently been sold to a
Watson Clammert.
Watson Clammert, Drake said. Where the devil have I heard that name before?
Mason grinned as he waited for Drakes recollection to function. Suddenly the
detective said, Oh, yes, I remember. He is the person who shared a lock box with Charles
Ashton.
I presume the police have gone into that lock box, Mason said.
Yes, and found it practically empty. They only found some of the paper wrappers
used by banks in bundling bills of large denomination. Evidently Ashton had pulled out
the bills and left the wrappers behind.
Ashton or Clammert? Mason inquired.
Ashton. The bank records show that Clammert never did go to the safety deposit
box. He is nothing but a name signed upon the card, so far as the bank knows.
How much money do the police figure was taken from the box?
They dont know. It may have been a lot. Ashton was seen by one of the
attendants stuffing bills into a suitcase.
Did you check into that automobile accident Laxter had? Mason asked.
Yes. He was crowded into a telephone pole, just as he said some drunken driver
whipped around a corner.
Any witnesses?
A few people heard the crash.
Get their names? Mason asked.
Yes. They saw the tracks where Laxter had put on his brakes and skidded. They
say he was on his side of the road at the time. He seemed excited, but perfectly sober.
Where had he been before that?
Drake said slowly, I am checking on that, Perry. When the police first talked with
him they were investigating the death of Peter Laxter, the grandfather, and later on the
death of Ashton, the caretaker. Laxter had a perfectly good alibi on Ashtons death. He
had left the house about nine oclock and hadnt returned. Ashton was murdered
between ten and eleven.
Mason nodded.
Later on, Shuster did the talking. He gives Laxter an alibi.
He does?
Drake nodded. Shuster says Laxter was in his office.
down the corridor to his own office. Is he going to give himself up? he asked Della
Street as he rushed into his private office.
I think so. He seemed sullen, but I think he is okay.
Did you give him a good argument?
I told him the truth. I told him you were doing everything on earth for him and
that he simply couldnt let you down.
What did he say?
He sort of grunted, the way a man does when he is going to do what a girl wants
him to but doesnt want to let her think she is having her own way.
Mason groaned, and said, My God, you women!
The telephone rang.
Wait a minute before you answer it, Della Street said. Do you know whos
hanging around the street by the office?
Who?
Your little playmate Sergeant Holcomb.
Mason frowned. The telephone rang again.
Serious? she asked.
Yes, he said, they will try to arrest him before he can surrender and claim they
nabbed him as a fugitive from justice, and. . .
He picked up the receiver and said, Hello.
A mans voice said, This is Douglas Keene, Mr. Mason.
Masons eyes narrowed thoughtfully.
Where are you now?
Out at Parkway and Seventh Streets.
Have you got a wrist-watch? Mason asked.
Yes.
What time does it show?
Thirteen minutes to eleven.
Make it closer than that. How are you on seconds? Say thirty when its twelve
minutes and thirty seconds to eleven.
Ive passed that, Keene said. I shall say eleven when its just exactly eleven
minutes to eleven.
Be sure and call it right on the dot, Mason said, because. . .
Eleven! Douglas Keene interrupted.
Perry Mason held his watch in his hand. All right, he said, you are about twentyfive seconds slow, as compared with my time. But dont change your watch. I shall
change my watch so it will be even with yours. Now, listen, they are going to tail me
when I leave the place, hoping I shall lead them to you. You walk down toward my
office and stand on the corner of Seventh thats just west of my office building you
know where that is?
Yes.
At exactly ten minutes past eleven, Mason said, walk out to the corner and
catch the first eastbound street car that comes down Seventh Street. Pay your fare, but
dont go inside the car. Stand right by the conductor where you can get off the car
when I give you the word. I shall get aboard that car, but wont recognize you or speak
to you in any way. A girl will drive right alongside the car in a convertible coupe with
the rumble seat open. She will be going at the same rate of speed the cars going. It
may be a block or it may be two blocks after I get aboard, but when I yell, Jump, you
make a jump for that rumble seat. Can you do it?
Sure I can do it.
Okay, Douglas, can I depend on you?
Yes, you can, the young man said in a voice which had lost its sullen tone. I
guess I have made a damn fool of myself. I shall play ball with you.
Okay, Mason said. Remember, ten minutes past eleven.
He hung up the telephone, grabbed his hat and said to Della Street, You heard
what I told him. Can you do it?
Della Street was adjusting her hat in front of the mirror. And how! she said. Do I
leave first?
No, I leave first, Mason said.
And you dont want me to get the car out until after youve reached the corner?
Thats right. Holcomb will tail me. If he thinks I have got a car, Holcomb will use a
car. He will have one parked somewhere near here. If he thinks I am walking, hell walk.
What will he do when you take the street car?
I dont know. Hows your wrist-watch?
I was listening over the extension telephone. I synchronized it with his.
Good girl. Lets go.
Mason ran down the corridor, caught the elevator and I managed to give the
appearance of strolling casually as he crossed the lobby of the building and reached
the street. The thoroughfare was well crowded. Mason took the precaution of glancing
hastily over his shoulder, but saw no sign of Sergeant Holcomb. He knew, however, that
the Sergeant was on his trail. The officer was too old a hand at the game to crowd his
quarry too closely, particularly at the start.
Mason walked half a block up the street, paused in front of a store, looked at his
watch, frowned, and looked in a show window, ostensibly trying to kill time. After a
minute, he looked again at his wrist-watch, then turned to look up and down the street.
He walked a few aimless steps, lit a cigarette, took two puffs, threw the cigarette away
and looked at his watch for the third time.
In the street, directly opposite from the place where Mason was standing, was a
safety zone. Mason walked aimlessly toward the corner, as though he had a few
minutes to kill.
His wrist-watch showed eleven-ten.
Mason watched the signals a block away. A street car came through the signal,
rumbled slowly down the block, and came to a stop at the safety zone. The signal
changed so it was against the car. Mason acted as though he intended to cross the
street, and then, as though changing his mind, paused, undecided. The signal changed.
The motorman clanged the bell of the car and sent it across the intersection. As the car
rolled past him, Mason swung aboard the rear platform. Douglas Keene was standing
by the conductor.
Mason heard the sound of running feet. Sergeant Holcomb, sprinting, just
managed to catch the car as it gathered headway. Della Street, driving Masons
convertible coupe with the top down, was coming just behind the street car, holding a
line of traffic behind her. As soon as Holcomb boarded the car, Della Street shot the
automobile forward, so that the rumble seat was just even with the place where Keene
was standing.
Jump! shouted Mason.
Keene made a leap for the rumble seat, landed on the cushions, clutched at the
top of the car. Mason jumped to the running-board and clung to the back of the front
seat with one hand and the well of the rumble seat with the other. Sergeant Holcomb,
who had dropped his fare into the box in front of the conductor, shouted, Stop! You
are under arrest!
Give it the gun, Della, Mason said, and cut in front of the street car.
Della Streets shapely foot pushed the throttle against the floorboards. The car leapt
forward. Mason flung one leg over the side of the car and got into the rumble seat.
Police headquarters, he said to Della, and give it everything its got.
Della Street didnt even bother to nod. She cut the corner in a screaming turn. A
traffic officer raised a whistle but she was halfway down the block by the time the first
blast echoed through the street. Her right palm pressed down on the horn as she drove
with her left hand.
Mason paid no attention whatever to the traffic, but concentrated his attention on
Douglas Keene.
Tell me about it, he said, and dont waste words. Put your lips up close to my
ear and shout, because I have got to hear every word you say. Give me just the highlights.
Edith DeVoe telephoned me. She had already told me about finding Sam in the
car pumping exhaust fumes into the pipe. She wanted me to come out at once and see
her. She said something important had developed. I went out. I rang her doorbell, and
there was no answer, but the manager of the apartment house was just coming out. I
started to go in through the door as he opened it, and he stopped me and asked me
who I was and whom I wanted to see. I told him I had an appointment with Edith
DeVoe, and kept right on going. He hesitated for a minute and then went on out. I
went down the corridor to Edith DeVoes room. She was lying on the floor. There was a
club near her, and ...
Yes, yes, shouted Mason. Never mind that. What happened next?
I went directly to my apartment. Someone had been there before me. A suit of
mine was spattered with blood. I didnt notice it right away.
That was after you had taken the cat to Winifred?
Yes, I left Winifred and went to my apartment. That was where I got Edith DeVoes
message.
And you went from your apartment to see Edith?
Thats right.
How long after you got back to your apartment did you notice your suit had blood
on it?
Almost at once.
Then what did you do?
It was a nightmare. I tried to get rid of the bloodstains and couldnt.
Why didnt you call the officers when you saw Edith DeVoe had been murdered?
I just lost my head, thats all. I was afraid they would try to pin it on me. I was
shocked and frightened. I just ran away. Then when I saw my clothes all spattered with
blood. . . Ugh! It was a nightmare!
Did you kill Ashton?
Of course not; I didnt even see him.
Did you go to the house to get the cat?
Yes.
Were you in Ashtons room?
Yes.
Did you look around any?
The man hesitated. Della Street swung the car to avoid a truck. The car swerved
out of control, lurched toward a telephone pole. Della Street fought with the steering
wheel. Perry Mason gave but a passing glance to the road ahead as Della struggled to
get the car back under control, leaned close to Douglas Keenes ear and said, Did you
look around any while you were in the room?
Keene hesitated.
Go on and answer.
You cant arrest a man, Mason said, until you have actually taken him into
custody. After you have taken him into custody, he can escape, but there cant be any
arrest until the man is in custody.
But you helped him beat it so I couldnt make the arrest. I am going to get you
for that.
Mason smiled, and said, You overlook one thing, Sergeant. A private citizen can
make an arrest when a felony has in fact been committed and he has reasonable ground
to believe that the person he is arresting is the one who committed the felony. I put
Douglas Keene under arrest.
Sergeant Holcomb pushed the gun back into his holster. The officer behind the
desk said, Take it easy, Sergeant. Mason has surrendered him.
Sergeant Holcomb turned without a word and pushed out of the door.
A newspaper reporter came running into the room. He grabbed Mason by the
arm. Do I get an interview with Keene? he asked.
Certainly, Mason told him. I can tell you exactly what Douglas Keene will say,
and all he will say. He will say that it is remarkably nice weather we are having for this
time of year, and that is all, my dear boy, ab-so-lute-ly all.
Chapter 15
Perry Mason was chuckling as Della Street drove the automobile toward his office.
Turn to the left at Fifth Street, Della, he said, and go straight to the Union Depot.
The Union Depot? she asked.
He nodded. The office is going to be too hot you know, too many newspaper
men, cops, detectives, district attorneys, and what have you. I want to use the
telephone, and I shall go down to the depot while you are packing up.
She deftly avoided a jay-walking pedestrian, and gave Mason a sidelong glance.
What do you mean, while I am packing up?
A couple of suitcases, he said, a light airplane trunk if you have one.
I have one.
All of your party clothes. You are going to stay at an exclusive hotel, and I want
you to put on a good show act the part, you know.
What is going to be my part?
A bride.
The man in the case? she inquired, as she slid the car to a stop when a traffic
signal turned against her.
He will only appear long enough to be very suddenly called back to town,
interfering with his honeymoon most materially.
She was facing him now with calm, steady eyes, in which there was a mischievous
light. And who is the husband going to be?
He bowed. Unaccustomed as I am to honeymoons, I shall do my best to act the
part of an awkward groom during the few minutes between the time we register and
when I am called back to town upon most urgent business.
Her eyes dwelt upon his profile. Ahead of her a traffic light flashed from red to
orange, through orange to green and was unheeded. Behind her a chorus of protesting
horns sought to call her to her senses. Her voice was vibrant. You always believe in
acting a part perfectly, she said. Would it be natural for a newlywed husband to
interrupt his honeymoon? . . .
The growing protest of blaring horns suddenly called her attention to the fact that
the traffic on her right was streaming by, while the traffic on the left and directly behind
her, being blocked by the car she drove, was expressing its sentiment with all of the
impatience which a modern automobile horn is capable of registering.
Oh, well, she said with whimsical philosophy, as she snapped her eyes back to
the road and saw the green light of the traffic signal, how are those poor fishes behind
me going to know I am a bride just starting on a honeymoon?
She kicked the gear in, stepped on the throttle, and sent the convertible shooting
across the intersection with such speed that she was half way down the block before
some of the protesting drivers had fully awakened to the fact that the cause of their
protests had departed, and only their own sluggish reactions were holding up the
stream of traffic.
Mason lit a cigarette, offered it to her. She took it, and he lit another for himself.
I am sorry, he said, to wish this on you, Della, but you are the only one I know
whom I can trust.
On a honeymoon? she asked dryly.
On a honeymoon, he answered tonelessly.
She snapped the wheel savagely, making the tires scream as the car slid around to
the left and headed toward the Union Depot.
You dont necessarily need to collect any traffic tickets en route, he observed.
Shut up, she told him. I want to collect my thoughts. To hell with the traffic
tickets.
She sped down the street, deftly avoiding the vehicles, slid to a stop in front of
the Union Depot.
I meet you here? she asked.
Yes, he told her, with plenty of baggage.
Okay, Chief.
He left the car, walked around the hood, took off his hat and stood for a moment
by the curb. She sat very straight in the seat. Her skirts, well elevated to allow free
action of her legs and feet in driving the car, showed her legs to advantage. Her chin
was up, her eyes slightly defiant. She smiled into his face. Anything else? she asked.
Yes, he said, you will have to practice your best honeymoon manners, and quit
calling me Chief.
Okay, she said ... Darling, and, leaning forward, pressed her mouth close to his
surprised lips. Then, before he could move, she had shot back the clutch, stepped on
the throttle and whizzed away from the curb like a bullet, leaving Perry Mason standing
on the curb blinking with surprise, lipstick showing on his lips.
Mason heard a chuckle from a newsboy. He grinned rather sheepishly, wiped the
lipstick from his mouth, and strode toward the telephone booth.
He put in a call for Winifred Laxter, heard her voice on the telephone, Its okay,
Winifred, he said. Your boyfriend came through like the trump that I knew he was.
You mean he is in touch with you?
He is in jail, Mason said.
She gave a gasp.
And, Mason promised her grimly, he wont stay there long. Dont try to get in
touch with me. I wont be at my office. I will call you as soon as there is anything new.
Dont give out any statements to the press, in case any reporters should start looking
for interviews. Pose for all the pictures they want, back of your waffle counter, or in
front of the place. If you play it right, you should get a lot of advertisement for Winnies
Waffles.
Advertisement! she exclaimed contemptuously. I want Douglas. I want to go to
him. I want to see him.
Thats the one thing you cant do. If they would let you in to see him he could
talk to you, and I dont want him to talk. They probably wouldnt let you in anyway. I
dont think its going to be long now until I have the case cleared up.
You dont think Douglas is guilty, do you?
Perry Mason laughed light-heartedly. No boy that came through the way he did
is guilty of anything, he said. The kid is young, and he lost his head. You cant blame
him for that. He was confronted with a frame-up that would have stampeded an older
man.
Then it was a frame-up?
Of course, it was a frame-up.
May I quote you as saying that you know, in case someone
You may not, he told her. For the next forty-eight hours you may concentrate
your attention upon making waffles. Good-bye. I am catching a train, and he hung up
before she could protest.
Mason dropped another coin and called Drakes office. Paul Drake, himself,
answered the telephone.
Got a lot for you, Perry, he said. Do you want it over the telephone?
Spill it.
Its an earful.
What is it?
There was a poker game going on in the apartment house where Edith DeVoe
was murdered. The poker game was on the same floor.
So what? Mason inquired.
So one of the participants in the poker game, reading about the murder,
considers it his civic duty to report to the police all about the poker game and about a
mysterious gentleman who broke in on the game, saying he was the occupant of an
adjoining apartment. That was just about the time the police showed up, and the man
had an idea the chap might have been connected with the crime. The police showed
him photographs of all the principals in the crime and then, after they checked up on
his descriptions, showed him a photograph of you, and he identified it instantly.
The moral of that story, Mason said, is: Dont play cards with strangers. What
are the cops doing? Are they taking it seriously?
I think they are. Sergeant Holcomb is all worked up about it. You sure as hell do
get around, dont you, Perry?
I cant spend all my time in my office, Mason grinned. This was after office hours,
wasnt it?
Yeah. I thought you should know about it. But heres another funny development.
The bird identified one of the other pictures that of Sam Laxter. He said that he had
seen Sam in the corridor about eleven fifteen. They confronted him with Laxter and he
made a positive identification.
What does Sam say?
He isnt saying anything. Shuster is doing all the talking. Shuster says the man
was drunk; that the illumination in the hallway wasnt good; that Sam wasnt anywhere
near the place; that the mans a publicity seeker; and that Sam Laxter and Douglas
Keene look very much alike and that Keene was the one the man saw; that the man
wasnt wearing glasses, and that he is a liar.
Thats all he has said so far? Mason asked, grinning into the transmitter.
Yeah, but give the boy a little time and he will think up something else.
I shall say he will. Have the police put Sam under arrest?
They are questioning him in the district attorneys office.
And Shuster isnt present?
Shuster naturally isnt present, and Sam isnt talking.
Do they know just when Edith DeVoe was killed? Mason asked.
No. She was dead when the ambulance arrived. Her skull was fractured. Death
itself took place shortly before the ambulance got there, but when the blow was struck
is another question. She may have died instantly. She may have been unconscious for
an hour or two and then died. They cant fix the time of the attack. The police know
about the marriage now. They have got a statement from Milton, and Oafley has told
them all he knows. The marriage ceremony took place right around ten oclock. The
boys from the poker game came in and helped celebrate. They were in there fifteen or
twenty minutes. Then they left. Oafley says he left about ten minutes to eleven.
Rather strange that Oafley should leave within an hour after the ceremony was
performed, Mason said slowly.
As far as Oafleys concerned, he is in the clear, Drake said. The officers have
checked his story. He left about ten minutes to eleven. He arrived at the house about
five or ten minutes after eleven. That gives him a perfect alibi on the Ashton killing.
Ashton was killed right around ten thirty. Four or five people can prove that Oafley was
in Edith DeVoes apartment as late as ten twenty anyway, and one person saw him
leaving the apartment house a few minutes before eleven. The housekeeper saw him
come in about ten minutes after eleven.
Could Oafley have smashed Edith DeVoes head before he left her apartment?
No, she was alive at eleven oclock. She knocked on the door where the boys
were playing poker and asked to borrow some matches.
Everyone in the case seems to have been going to Edith DeVoes apartment last
night, Mason said thoughtfully. She must have been holding a reception.
Its only natural, Drake told him, when you consider that she had been telling
what she knew about Sam Laxter. These things get around, you know.
Frankly, Perry, you have got a swell break. Things look pretty black for Sam Laxter
right now. The only alibi he has to tie to is that he was in Shusters office while Ashton
was being murdered. Its now come out that Shuster had been tipped off when Burger
made arrangements to exhume Peter Laxters body, so Shuster telephoned Sam and Sam
came to his office.
Find out anything about that Chevrolet? Mason asked.
I cant prove its the same Chevrolet, Drake said, but a couple of people noticed
an old Chewy with a crumpled fender parked in front of the apartment house where Edith
DeVoe lived, about eleven oclock. One witness remembered it because he said there was
a new Buick parked right behind it and he noticed the contrast in the two cars.
Mason said slowly, Could you see that the police were tipped off to ask Sam Laxter
how it happened he left his house in the green Pontiac and came back in the caretakers
Chevrolet?
I could tip them off to ask, but it wouldnt do any good. Laxter is keeping quiet. He
is making a lot of mysterious references to the old stand-by the married woman with
whom he spent an hour after leaving Shusters office. He wont jeopardize her good
name.
Mason laughed heartily. My God, he said, hasnt Shuster worn out that alibi yet?
Every one of his clients has used it for the past ten years.
It sometimes gets by with a jury, Drake pointed out. But, anyway, it gives your
man, Keene, a swell break if you play it right.
I am going to play it right, Mason promised him grimly. How about the Clammert
automobile, did you find out anything?
Some, Drake said. I find that Watson Clammert purchased a Buick sedan and
had a state license issued to him. The number is 3D44-16. I havent been able to get the
engine number or the body number, but we will get them. He took a full coverage
policy with the International Automotive Indemnity Exchange.
Did you get a description of him? Mason asked.
No. But I am working on it.
Quit working on it, then. Drop Watson Clammert like a hot potato. Call in your
men. Tell them not to ask any more questions. You have done a swell job, Paul. And
now you can go get some sleep.
You mean you dont want anything more?
Not another thing. So far as you are concerned, the case is closed. Further
inquiries are just going to make trouble.
Drake said slowly, Well, you know your business, Perry Heres a tip for you. I got it
from headquarters. The police are planning to rush through a preliminary hearing for
Douglas Keene and call Sam Laxter as a witness. Then they will ask him where he was at
the time the murder was committed. Laxter will be given his choice of naming the woman
or going to jail for contempt.
Under the circumstances, he will probably go to jail for contempt and get a lot of
newspaper sympathy, Mason said. Anything else?
Ashton is mixed up in things pretty deep, Drake said. The detectives are
beginning to think he copped off most of Laxters coin. Does that mean anything special
to you?
Sure, it does. Its the whole case. The whole business hinges on Ashton, Mason
replied.
As Paul Drake asked an excited question, the lawyer pretended not to hear and
said, Well, I am taking a train, Paul. Good-bye.
He hung up the receiver, looked at his wrist-watch, crossed to a haberdashery
store which made a specialty of supplying the needs of travelers, purchased several
handbags, a few articles of clothing, and then returned to the depot. He went to the
telegraph office and sent a telegram addressed to Watson Clammert, care of the Hotel
Biltmore, Santa Barbara. The telegram read:
LONG DISTANCE TELEPHONE CONVERSATION WITH YOUR NEW YORK
ASSOCIATES ADVISES INDUSTRY THREATENED WITH NEW CODE
CONTAINING REGULATION AFFECTING YOUR PROPOSED CONSOLIDATION
DISASTROUSLY STOP ABSOLUTELY IMPERATIVE YOU BE ON GROUND AT
EARLIEST POSSIBLE MOMENT STOP PLEASE CHARTER AIRPLANE FROM
SANTA BARBARA FLY TO LOS ANGELES AND CATCH FIRST
TRANSCONTINENTAL PLANE EAST STOP ADVISABLE KEEP THIS MOVE
CONCEALED FROM OPPOSITION THEREFORE HAVE PURCHASED TICKET
FOR YOU UNDER ASSUMED NAME AND WILL HOLD HERE AWAITING YOUR
ARRIVAL
Mason unhesitatingly signed the partnership name of the leading law firm in the
city, a law firm of financial and political prestige, which specialized only in the most
remunerative of corporate and probate business.
He paid for the telegram and saw that it was dispatched.
He consulted his wrist-watch, stretched, yawned, and then, with a chuckle,
proceeded to the telephone booth. He looked up the number of Hamilton Burgers
residential telephone, together with the address, then called the telephone company
and said, I want to send a telegram, please.
After a moment, a young womans voice said, To whom is your message going?
Thelma Pixley, 3824 East Washington Street.
No. You stay out here with this car. I will drive the other one away.
Mason entered the car agency. A suave salesman came toward him smiling.
Interested in the new models? he asked.
I wish to buy a new sedan. Whats the price, fully equipped?
The salesman took a notebook from his pocket, mentioned the amount. Now if
you would like a demonstration, he said, we can arrange to
He broke off in gasping surprise as Mason pulled a wallet from his pocket and
started counting out bills.
I would prefer to purchase a demonstrator, if you have one in that model,
Mason said.
The salesman gasped, then adjusted himself to the situation.
Ah, yes, I will fix up the papers at once. Whats the name please?
Clammert, C-l-a-m-m-e-r-t, Watson Clammert, Mason said. I am in a hurry. I
want to get a certificate of ownership, or whatever it is I need.
Fifteen minutes later, Mason, impatient at the delay, drove a spotless
demonstrator from the side door of the agency. He gave an almost imperceptible
gesture to Della Street and she followed him around the corner. A block away, Mason
stopped and transferred the baggage from the convertible coupe to the sedan. Now,
he told her, we stop at the first storage garage we come to and store the convertible.
You drive the Buick. I shall drive the coupe. I shall take the lead. When I turn in to a
garage, you stop out in front.
When does the honeymoon start? she asked.
Just as soon as I emerge from the garage, Mason told her, grinning.
And you want to make a real honeymoon of it?
He looked at her sharply.
I mean, she said, with wide-eyed innocence, do you want it to look like a real
honeymoon?
Of course.
She nodded and chuckled.
Mason drove down the street some half-dozen blocks, then turned into a storage
garage. A few minutes later he came out sliding the storage check into his pocket.
The next move in our honeymoon, he said, is the Biltmore in Santa Barbara. You
are now Mrs. Watson Clammert. I shall give you more detailed instructions on the way
up. And, incidentally, this car is supposed to have plenty of speed under the hood.
Have you ever been pinched for speeding?
Not this year.
It might, then, be advisable to take a chance.
He settled back against the cushions.
Yes, dear, Della Street said demurely and slammed her neatly shod foot against
the accelerator with such violence that the resulting forward leap of the automobile all
but jerked Masons head off.
Chapter 16
Swift-moving bellboys deftly removed the baggage from the new Buick. The
western sun, slanting into the Pacific Ocean, silhouetted the fronds of the palm trees,
etching them blackly brilliant against the gold of the ocean and the deep blue of the
sky. The luxurious hotel, with its exotic setting, seemed to radiate the calm tranquility of
the days of the Spaniards.
An ideal place for a honeymoon, Mason said, escorting Della Street through the
door.
Mason approached the desk. The clerk handed him a registration card and a
fountain pen.
Mason wrote the name, Watson Clammert, and then heard a startled feminine
exclamation from behind him, followed by a titter.
He turned. Della Street, shaking out her coat, had cascaded a shower of rice to the
floor. The clerk smiled. Mason looked completely nonplused, then sighed as he caught
the roguish twinkle in Della Streets eyes.
I am sorry, dear, she said.
Mason turned to the smiling clerk.
The clerk turned the card to look at the name, then reached into a compartment
below the desk. A telegram for you, Mr. Clammert, he said.
Mason frowned, opened the telegram, and spread it on the counter. Della Street
came near, sliding her hand around his neck as she pressed her cheek up against his
shoulder. She gave a startled gasp as she read the telegram. Masons exclamation was
one of annoyance.
But you are not going, dear! Della Street protested.
Mason turned away from the counter, leaving the telegram unheeded. Of course
not, he said. I wouldnt think of going... and yet...
Business has always interfered, she said, her voice seemingly perilously near to
tears.
The clerk and bellboys watched the tableau.
At any rate, Mason remarked, somewhat stiffly, to the clerk, we shall go to our
room. He strode toward the elevator.
But you didnt tell me what you wanted, the clerk said. We have...
The best in the house, Mason snapped, and make it snappy.
Yes, Mr. Clammert, the clerk said, handing the key to one of the bellboys.
They stood waiting for the elevator. Della Street started to cry. I know you are
going, she sobbed into her handkerchief.
Mason stood very erect, frowning. His eyes dropped to his handbag. And old shoe
dangled from the handle. How the devil, he asked, did ...
Della Street continued to sob into her handkerchief.
The elevator slid to a stop. The door opened. Mason and Della Street entered,
followed by the bellboy. Five minutes later they were ensconced in a corner suite which
looked over the calm blue waters.
You little devil, Mason said as the door closed. What was the idea of all the rice
business and the old shoe?
Her eyes were too innocent. I thought you wanted to make it seem convincing,
she said, and I had to do something. After all, you werent very much like a bridegroom.
To my mind, you seemed to fall down on your acting. You seemed to play more the part
of a business man or a busy lawyer than a bridegroom. You didnt show any affection
whatever.
Grooms dont kiss their brides in the hotel lobbies, he said ... Say, were you
really crying? You sounded like it.
Della Street ignored his question. You see I havent been married before. All I
know is what my friends have told me and what I have read. What are we supposed to
do next? Do we stroll out hand in hand to watch the sunset?
Mason grabbed her shoulders and shook her. Snap out of it, you little devil, and
quit your kidding. Do you remember the part you are to play?
Of course, I do.
Mason opened his suitcase, took out an onion. Gravely he cut it in two and
handed it to her. Smell, he said.
She made a grimace of distaste, held the onion under her eyes, moved it back and
forth. Mason, standing by the telephone, watched the result of the onion application with
a nod of approval. Della Street dropped the onion and reached for her handkerchief.
Mason took down the receiver and said to the operator, Get me the room clerk.
Della Street came and leaned against his shoulder. Her sobs were plainly audible.
When Mason heard the voice of the room clerk, he said, This is Watson
Clammert. I want to charter a plane at once. Will you make the necessary arrangements
and get me transportation to the airport? I am leaving my wife here and she will keep
my car. She isnt going with me to the airport.
Very well, the clerk said. Incidentally, Mr. Clammert, you left your telegram here
on the counter. I am having a bellboy bring it up.
Okay, Mason said. The boy can take my baggage down with him. I want to
leave within ten minutes. Can you arrange it?
I can try, the clerk promised.
Della Street rubbed her tear-reddened eyes.
The honeymoon is over, she sobbed. I knew you would go busting away on
business. You d-d-d-dont l-l-l-love me.
Mason grinned at her. Save it for the lobby, he said.
How do you know I am not s-s-s-sincere? she sobbed.
A puzzled look came over his face. He strode to her, stood for a moment staring
down at the slender sobbing figure.
The devil, he said, and pulled her hand from her face.
She looked up at him with a grin, but there were tears on her cheeks.
Masons stare showed puzzled perplexity.
Onion tears, she said, grinning.
There was a knock on the door. Mason crossed to the door and opened it. A
bellboy handed him the folded telegram and said, You had some baggage?
Mason indicated his bags. The boy picked them up. Mason and Della Street
followed him to the lobby. Della Street managed to convey the impression of a young
woman who has been crying, who is very much hurt, somewhat angry, and defies the
public to do its damnedest in the line of speculating.
She glanced with haughty defiance at the clerk. The clerk averted his gaze from
her tear-reddened eyes. She turned to a bellboy, and the boys incipient smile faded
into expressionless servility.
Remember, dear, Perry Mason said, about that automobile. Now you are
inclined to drive too fast. Thats a new automobile and it isnt broken in yet. Dont drive
it too fast, and change the oil just as the instruction book says.
Yes, dear, Della Street said.
And remember, if anyone should ring up, dont tell them I am not here. Tell them
that I cant come to the telephone, tell them that I am down with influenza; tell them I
am out playing polo; tell them anything, but dont let on that I am not here.
Yes, dear.
And I shall come back just as soon as I can make the round trip. I wont need to
be in New York more than two hours.
Della Street turned away and said nothing.
A taxi driver entered the hotel. The clerk nodded to Perry Mason. Your
arrangements are all made, Mr. Clammert.
That, Mason grunted, is what I call service.
He nodded to the bellboy, started for the door, then stopped, turned awkwardly
to Della Street.
Good-bye, darling, he said.
She flashed across the distance between them, a bundle of flying clothes and
outflung arms. She clasped her arms around his neck, drew his head down to her
savagely, clung against him while her lips sought his, found them, and held them in a
long, close embrace.
There was something of startled surprise in Perry Masons face as she released
him. He took a quick step toward her. Della, he said, you ...
She pushed him away.
Hurry, Watson Clammert, she said, and get that airplane. You know how vitally
important it is for you to get to New York.
For a moment Mason stood uncertainly, then turned and strode from the hotel
lobby. Della Street placed her handkerchief to her eyes, walked unsteadily toward the
elevator.
The hotel clerk shrugged his shoulders and turned away. After all, it was none of
his business. He was there to give service. A guest had demanded an airplane at ten
minutes notice, and the clerk had seen that he was accommodated.
Chapter 17
Della Street came running into the lobby of the hotel. Oh! she screamed. Oh.
The clerk gave one glance at her face, then moved swiftly from behind the counter,
and came to her solicitously.
What is it, Mrs. Clammert? Not the plane? It couldnt be the plane!
She held her knuckles to her lips, shook her head at him, her eyes wide and
startled. Twice she tried to talk, and both times managed only to give a little gasp.
The clerk was solicitous, as became his position. Nor was he unaware of the
beauty of this fragile and disappointed bride, whose husband had been called away
from her side at the very inception of the honeymoon. His hand patted her shoulder
comfortingly. My dear young woman, he said, what is it?
The car! she gasped.
The car?
Yes. Watsons new Buick. Oh, he thinks the world of it.
I have seen it, the clerk said, its a beauty. Whats happened to it?
Its been stolen.
Stolen? From the grounds here? Impossible!
Not from the grounds, she said, shaking her head. I drove up the road for a
ways, parked the car, and went down to sit on the beach. I guess I was careless and left
my ignition keys in it. I came back and it was gone.
Well, we can get it, the clerk said grimly. It doesnt stand much chance of
getting out of the county without being caught. Whats the license number?
Della Street shook her head helplessly. Then seized with a sudden inspiration,
said, Oh, I know. Call up the International Automotive Indemnity Exchange. Call them
at my expense. We had the car insured a few days ago. They can look up the insurance
records. My husband has the policy and I dont know where it is. But you can explain to
them the car has been stolen, and they will give you the license number and the engine
number and all of that data you require.
The clerk was already in motion. He said to the telephone operator, Get me the
International Automotive Indemnity Exchange on long distance, and get me the Sheriffs
office at the court house. Better get the insurance company first.
Her fingers flew over the switchboard with swift skill.
I am afraid I am making a lot of trouble, Della Street said.
Not at all, Mrs. Clammert. I am only sorry something like this should happen to
mar the pleasure of your stay.
Then the clerk, suddenly realizing that the pleasure of her stay had been marred
by much more than the loss of an automobile, became silent and embarrassed.
The girl at the switchboard said, Do you want your call in a booth, Mr. Maxwell?
Perhaps I should better.
Booth one, she said.
The clerk stepped into the booth, and a few moments later emerged holding a
slip of paper upon which he had penciled numbers.
Now then, he said to the operator, the Sheriffs office.
They are already waiting on the line, she told him. The clerk stepped into the
booth once more, then came out, smiling.
You may rest assured that the car will be recovered, Mrs. Clammert. The Sheriffs
office is notifying the state motorcycle officers and the Sheriffs office in Ventura, in Los
Angeles, in San Luis Obispo, Bakersfield, and Salinas. They will have the roads
completely sewed up. Whats more, they will have a radio broadcast giving the
numbers, and wires are going out to the Division of Motor Vehicles and to the border
patrol stations on the highways into Arizona, Mexico and Oregon.
Thank you so much, she said. Oh, I am so completely desolated. I think I shall
pack up and go to Los Angeles, and then return after my husband comes back. I dont
want to stay here without him.
We should be very sorry to lose you, the clerk said, but I understand how you
feel, Mrs. Clammert.
Della Street nodded her head with quick determination.
Yes, she said, I am going to Los Angeles.
Where can I notify you about the automobile?
She frowned for a moment, and then said, Oh, just notify the insurance company
and my husbands lawyers will keep in touch with them. After all, I guess its not so
serious. Its up to them to supply us with a new car, isnt it?
Oh, you will get your car back, Mrs. Clammert. Probably some hitch-hiker took it
to get over a few miles of road. He will abandon it by the side of the road somewhere
when he runs out of gas, or, if he doesnt, he will be picked up by some of the officers
who will be patrolling the highway.
Well, Della Street said, I guess the insurance company will take care of it. You
have been very, very nice here, and I am sorry I couldnt stay longer, but you
understand how it is.
The clerk assured her that he understood, prepared her bill and saw that her
baggage was safely started for the depot.
**
Perry Mason was seated in his office, reading mail, when the door opened and
Della Street appeared in the doorway, carrying a hatbox.
Well, he said, hows the disappointed bride?
She was all crisp efficiency. Everything went off okay, Chief. They are notifying
the motor patrols, and the border stations.
Yes, Mason said, I heard the reports on the police calls.
The clerk was most solicitous, she said. He remembered the new Buick and
thought it was such a beauty and hoped I wouldnt be deprived of it more than a day
or two Tell me first: Why did you go to all this trouble simply to get the police to
report a car as stolen? Couldnt you have simply used a telephone and
He interrupted her with a smiling shake of the head. You wouldnt deprive me of
my honeymoon, Della!
You deprived yourself of it, she retorted, and you still havent answered my
question.
I wanted Watson Clammert arrested, he said slowly. I wanted him arrested
under such circumstances that he would appear to be a professional car thief. I couldnt
have brought about that result by any ordinary means, since I didnt dare to make a
formal charge in my own name and didnt dare to sign a complaint in any name. My
theory may be wrong, in which event I cant afford to leave any back trail the police or
Clammert could follow. We needed someone who would enlist the sympathy and active
cooperation of the police without signing a complaint and without leaving a back trail.
The Biltmore Hotel is a big factor in Santa Barbara and the sheriff of Santa Barbara
County is sufficiently important to get all sorts of political cooperation. But the Biltmore
Hotel most certainly wouldnt have acted as a cats paw to pull our chestnuts out of the
fire unless we had established ourselves so firmly with them that it would never have
occurred to them to question your identity.
It took human interest to do that, and the best way to get human interest was to
give the clerk an orchestra seat and let him become a sympathetic spectator of your
blasted romance.
And would you tell me just what chestnuts you expect to have pulled from the
fire? she inquired.
Mason shook his head. Not now, he said Did you come down on the train?
No, I had the hotel take my stuff to the depot and then I chartered a car to drive
me down.
Leave any back trail?
No.
Good girl. They are rushing things with Douglas Keene. They start the hearing at
two oclock this afternoon.
She stared at him with startled eyes. You mean they are going to start the
preliminary at two oclock this afternoon? Why, its twenty minutes to two now.
He nodded. I was just getting my things together ready to go down there. Want
to go?
Chapter 18
Spectators pushed and jostled, filling Judge Pennymakers courtroom to capacity.
Dick Truslow, one of Hamilton Burgers most trusted trial deputies, grinned across
the counsel table at Perry Mason.
Truslow had that attribute of a dangerous fighter an ability fully to appreciate
the strong points of an antagonist a personal liking which could instantly be laid
aside to give place to official combativeness.
Is Shuster going to be associated with you in this case? Truslow asked.
He will probably try to expectorate his way into it before we get done, Mason
remarked. The other day I saw him talking in the bright sunlight and there was a
rainbow in front of his lips.
Truslow laughed, then lowered his voice confidentially. You should see Hamilton
Burger, he said. He is having a fit.
Whats the matter?
Of course, Truslow said, closing one eye, I wouldnt want to be quoted, but the
Chief has been shooting off his face that its all bosh and poppycock, this contention of
yours that anyone could send a telegram in another persons name if he had a reasonable
amount of assurance and a knowledge of the address and telephone number of the
person he was impersonating.
Mason managed to look innocent.
So someone, Truslow said, chuckling, sent the widowed housekeeper out at
Laxters place a telegram, and signed the Chiefs name to it.
What was in it? Mason asked, with a perfectly straight face.
Truslow said, Dont look around she is looking this way wait a minute There,
now take a look over your left shoulder. See her standing there with the telegram? Look
at the simpering look on her face. She thinks its nothing less than a proposal of
marriage.
What does the district attorney think? Mason inquired.
I cant tell you, Truslow said, not unless you put cotton in your ears.
Mason smiled. Has it changed your contention in regard to the source of that
Winifred Laxter telegram?
Well, my instructions were not to bear down too hard on it but I am afraid I
have got you this time, Perry. We have got a pretty damn good case of circumstantial
evidence. You are not going to resist having the defendant bound over, are you?
Oh, I think so, Mason said.
Ten to one you cant get anywhere. You might kid a jury into giving you a break,
but you are never going to be able to get past the preliminary.
There was.
You photographed that fingerprint?
I did.
Was that a fingerprint made by the defendant?
It was not.
Was it a fingerprint of Sam Laxter, Frank Oafley, or any of the servants in the
Laxter household?
It was not.
Naturally, you made an attempt to identify that fingerprint?
Naturally.
You were unable to do so?
Thats right.
You had been to the Laxter residence earlier in the evening, had you not?
I had.
And you there found the body of Charles Ashton, the caretaker?
I did.
That body was lying on the bed of Ashtons room?
It was.
Ashton was dead, was he not? And death was due to strangulation inflicted by a
cord which had been thrown around his neck and drawn taut?
That is correct.
And there were cat tracks up and down the bed?
Yes, sir.
Did you make any attempt to ascertain whether those cat tracks had been made
before or after the death of Charles Ashton?
I did.
When were they made before or afterwards?
Truslows face showed surprise at this line of interrogation.
Afterwards.
I thought, Truslow said, with a slightly nervous laugh, that we were going to
have quite a fight to get this evidence in, but I see you are bringing it out. While it
probably isnt proper cross-examination, strictly speaking, I certainly am making no
objection.
I want to get all the facts in, Perry Mason said. And, turning to the witness, went
on, When you arrived at the Laxter house, Samuel Laxter was not there?
He was not.
Yes, sir.
She was dead?
That is right.
And the body you saw was the same as that pictured in the photograph, Peoples
Exhibit No. 1?
That is correct.
And that was Edith DeVoe?
That is right.
Where were you on the evening of the twenty-third between the hours of nine
oclock in the evening and approximately eleven-thirty at night?
I refuse to answer.
Truslow smiled. You cant refuse to answer, he said, without being guilty of
contempt of court. That story about protecting some mysterious woman wont go here,
Laxter. You are in a court of justice you have got to answer.
Nat Shuster came bustling forward.
If the court please, he said, it now appears that an attempt is being made to
malign the character of this witness by extraneous questions. He is not accused of the
murder and if he was not accused of the murder, it makes no difference where he was
unless he was present at the place where the murder was being committed.
You are appearing for Mr. Laxter? Judge Pennymaker asked.
Yes, your Honor.
I, Mason observed, am making no objection to the question.
I am going to order the witness to answer the question, Judge Pennymaker stated.
I refuse to answer.
Judge Pennymakers face clouded.
Shuster leaned across the counsel table. Go on, he said; say the rest of it.
Upon the ground that the answer might tend to incriminate me, Laxter said,
after the manner of one who has learned his speech by heart.
Shuster smiled, and turned toward the Court.
I want the Court to understand, he said, that the answer would not tend to
incriminate him, so far as any crime under discussion is concerned, but I believe there is
a city ordinance which might have been violated by this witness, and, inasmuch as we
are technically able to back up our position on such grounds, I have instructed my
client to protect the good name of the young woman involved in the case.
Bosh and nonsense and grandstand! Mason said.
Judge Pennymaker pounded with his gavel.
That will do, Counselor. You have no right to make any such statement.
Perry Mason nodded. That is right, your Honor, but on the other hand, Counsel
for Mr. Laxter has no right to make any such statement a statement which is intended
only to appeal to the newspapers.
Shuster waved his arms excitedly. Your Honor, I resent that accusation.
Truslows voice boomed out over the hysterical comments of the excited lawyer, I
agree with Counselor Mason, your Honor. However, it is all immaterial. I now offer this
witness immunity from prosecution for any crime other than that of murder and again
repeat my question.
Again I refuse, Laxter said doggedly, on the ground that the answer would
incriminate me.
You were not at the Laxter residence at the time Ashton was murdered? Truslow
asked.
I was not.
Where were you?
I was in Nathaniel Shusters office. I was there from before ten oclock until after
eleven.
Was anyone there with you?
Nathaniel Shuster.
Anyone else?
James Brandon.
Who is James Brandon?
He is employed as chauffeur and butler.
Was he present in the discussion which took place between you and Nathaniel
Shuster?
No, sir, he sat in the outer office.
When did he leave?
About ten minutes before eleven oclock I told him that he might go home.
There was no need for him to wait any longer.
Then what did you do?
I stayed on in Nathaniel Shusters office for a few minutes.
Then where did you go?
I refuse to answer, upon the same ground the answer would tend to
incriminate me.
Incriminate you in what way and for what crime?
I refuse to answer.
Truslow said disgustedly, I think thats all. I am going to ask the Grand Jury to
investigate this matter.
Laxter started to leave the witness stand. Nat Shusters teeth were quite evident as
he smiled triumphantly.
Just one moment, Perry Mason said. I believe I have the right to cross-examine
this witness.
But he hasnt testified to anything, Shuster objected.
Sit down, Counselor Shuster, Judge Pennymaker ordered. Counselor Mason has
the right to cross-examine upon any of the testimony given by this witness.
Mason faced Sam Laxter. You drove to Shusters office with Jim Brandon?
Thats right, yes, sir.
And you drove in the green Pontiac?
Thats right.
You know where Douglas Keenes apartment is?
Yes.
Did you on the night of the twenty-third?
I cant remember . . . I think perhaps I did.
Hadnt you called on him there some time prior to the twenty-third?
I think perhaps I had been there, yes.
After you left Shusters office, didnt you go to Edith DeVoes apartment?
I refuse to answer.
And at that time wasnt the Chevrolet automobile customarily driven by Charles
Ashton, the caretaker, parked in front of Edith DeVoes apartment house?
Shuster fidgeted uneasily, leaned forward as though about to burst into speech.
Laxter said in an even monotone, I refuse to answer.
Now, then, Mason said, didnt you enter Edith DeVoes apartment? Didnt you
find her lying on the floor, unconscious? Didnt you realize that she had previously
made accusations which virtually amounted to charging you with the murder of your
grandfather? Didnt you thereupon rush from the apartment where she was lying, enter
the Chevrolet automobile, drive it to Keenes apartment, cut your arm with a knife,
razor blade, or other deep instrument, leave blood stains on Keenes garments,
telephone Nathaniel Shuster, explain to him what had happened; that you were afraid
that you might face a murder charge, and, in order to make the injury to your arm
appear to have been accidentally sustained, didnt you deliberately drive the Chevrolet
automobile into a lamp-post on the road home?
Shuster jumped to his feet. His hands pawed the air.
A lie, your Honor! he shouted. A series of lies! An attack on the character of my
client.
Mason continued to stare steadily at the white face of the witness. If the answer
to that question will incriminate you, you may say so.
The courtroom was tense with silence. Even Shuster forgot his excited
expostulation in order to stare as though fascinated at the face of Samuel Laxter.
Perspiration beaded Laxters forehead. He cleared his throat twice and then mumbled,
I refuse to answer.
Mason motioned with his hand urbanely. That, he said, is all.
Truslow leaned forward and whispered, For Heaven sakes, Mason, is there any
chance this chap did what you intimated, or are you merely trying to prejudice the
Court in favour of your client?
Mason smiled and said, Go on with the case, Truslow. I think we will reach a
solution directly.
Call Frank Oafley, Truslow said.
Oafley took the witness stand, testified briefly as to his name, place of residence
and relationship to the deceased Peter Laxter.
On the night of the twenty-third instant, Truslow said, you were engaged in
digging in the yard of the Laxter residence?
I was.
For what purpose?
Objected to, Shuster shouted.
Perry Mason smiled affably and said, Your Honor, I represent the defendant in
this case. Counselor Shuster is without any standing in court. If I dont object to a
question and the Prosecution, by asking the question, requests an answer, the witness
is forced to answer the question.
That is right, Judge Pennymaker ruled. Answer the question.
I was searching for a large amount of money which had been missing ever since
my grandfather died, and I was searching for certain other property.
Why were you searching?
Because I had received a telegram.
We are going to attempt to offer that telegram in evidence, Truslow said,
looking at Perry Mason, his tone indicating plainly that he expected Mason to object
and expected the Court to sustain the objection.
No objections, Perry Mason said. Introduce it in evidence.
Truslow took a telegram, introduced it in evidence and read it into the record:
THE KOLTSDORF DIAMONDS ARE HIDDEN IN ASHTONS CRUTCH STOP
MORE THAN HALF OF YOUR GRANDFATHERS MONEY IS BURIED JUST
UNDER THE LIBRARY WINDOW WHERE THE CLIMBING ROSEBUSH STARTS
UP THE TRELLIS WORK STOP THE SPOT IS MARKED BY A LITTLE STICK
STUCK IN THE GROUND STOP IT ISNT BURIED DEEP STOP NOT OVER A FEW
INCHES STOP
We expect to prove, Truslow said, for what it may be worth, that this telegram
was telephoned in to the telegraph company; that it was telephoned from the telephone
of Winifred Laxter, the fiance of the defendant in this case.
Mason remained silent.
You dug in that locality? Truslow asked.
I did.
You were acquainted with Edith DeVoe?
I was.
Was she any relation to you at the time of her death?
The witness gulped. She was my wife, he said.
Mason said to Truslow, Go ahead and ask him about what Edith DeVoe told him
concerning his grandfathers death.
Truslow showed some surprise, but immediately turned to the witness and inquired,
Did Edith DeVoe tell you anything concerning the death of your grandfather or certain
suspicious circumstances she had observed on the evening of the fire?
Nat Shuster jumped to his feet. Your Honor! Your Honor! Your Honor! he shouted.
This is objected to. This is absolutely hearsay evidence. This has no bearing
Judge Pennymaker banged his gavel.
Sit down, Counselor, he ordered. You are out of order; you have no standing in
this case whatever, save as you appear as the counsel of Samuel Laxter.
But on behalf of Samuel Laxter I object to it.
Samuel Laxter is not a party to the case. Counselor Mason is the only one who
has the right to object. I have advised you of that before.
But this is an outrage! This is convicting my client of murder without giving him a
chance to defend himself. Its a great game these two lawyers are playing! They start
prosecuting some other man for murder, and then they convict my client of it and I
cant do anything because they dont object.
Despite himself, Judge Pennymaker smiled. It is rather an ironical situation,
Counselor, he said, but there can be no question concerning its legality. You will sit
down and refrain from interrupting the proceedings.
But he shouldnt answer. He will get himself into trouble. I advise him not to
This time there was no smile on the Judges face.
You will sit down and keep quiet, he said, or you will be ejected from the
courtroom and fined for contempt. Now, which will it be?
Slowly, Nat Shuster sat down.
And you will remain seated and remain quiet, Judge Pennymaker ordered, then
turned to the witness. Answer the question, he said. That is, unless theres an
objection by Counsel for the defendant. If there is such an objection, I will sustain it as
the question calls for hearsay evidence too remote to be a part of the res gestae.
No objection in the world, Mason remarked urbanely.
Shuster half-arose from the chair, then sat back with a pathetic air of dejection.
Frank Oafley said slowly, My wife told me that on the night of the fire she was
walking past the garage. She saw Samuel Laxter sitting in an automobile, with a hose
running from the exhaust to the hot air pipe which furnished heat to my grandfathers
room.
Was the motor running? Truslow asked.
She said the motor was running.
Were there any indications that the motor had been running for some time?
Yes, there were no lights on in the garage until she switched them on, yet the
hour was long after dark.
Did she, asked Truslow, tell you to whom else she had told this story?
Yes, she did.
To whom?
To Perry Mason, the attorney, and to Douglas Keene, the defendant.
Thats all, Truslow said. You may cross-examine, Counselor.
Perry Mason remarked, almost conversationally, I believe you had been with her
until just before she discovered Samuel Laxter in the automobile on the night of the fire?
Thats right. She and I had been walking and making plans for the future. The
witness broke off abruptly, averted his eyes. A spasm of expression crossed his face. He
seemed fighting to control himself, then he looked back to confront Perry Mason and
said, in a voice which was harsh with emotion, I was afraid my grandfather wouldnt
approve of the match. Our meetings were surreptitious, but we had planned to be
married just as soon as we could.
Now, was she absolutely certain that the person seated in the automobile was
Samuel Laxter? Mason inquired.
Yes, I think she was, Oafley said, although she did say that she didnt see his face
clearly. Sam Laxter wears a rather distinctive type of hat, and she saw that very plainly.
Did he speak to her?
Yes, he spoke to her, and she thought the voice was that of Sam Laxter, although,
when I asked her about it, she remembered that the voice had been rather muffled
because the man had been slumped over the steering wheel, apparently in an intoxicated
condition.
Do you know of any motive that Sam Laxter might have had for murdering his
grandfather?
Why, yes, of course. There was the will.
Do you know of any motive he might have had for murdering Charles Ashton?
Over at the counsel table, Nat Shuster went through an elaborate pantomime of
registering extreme protest, but remembering the judicial admonition, he remained
seated and kept silent.
No, I dont, Oafley said.
Do you know where Sam Laxter was when Ashton was murdered?
No, I dont.
Where were you at the time?
You mean at the time Ashton was murdered?
Yes.
I was with Edith DeVoe.
Getting married? Mason inquired.
The witness showed that the subject was very painful to him.
I think the time of the murder has been established as just after the ceremony,
he said.
I am sorry to have opened up the wound, Perry Mason told him kindly. I think
thats all.
Thats all, Truslow said.
Shuster looked hopefully at the Court, but Judge Pennymaker avoided his gaze.
Thats all, he said.
Truslow turned to give Perry Mason a fraternal wink. Call Thelma Pixley, he said.
Thelma Pixley came forward and was sworn.
Do you know the defendant in this case?
Very well.
Did you see him on the twenty-third the night Charles Ashton was murdered?
I did.
What did he do? I will state to the Court and Counsel that this is merely for the
purpose of fixing a motive for the subsequent murder of Edith DeVoe. I think the fact
that the caretakers crutch was found in the apartment of Edith DeVoe indicates
No objection whatever, Perry Mason interrupted. The witness may answer the
question.
Answer the question, Judge Pennymaker instructed.
I saw the defendants automobile come up the driveway. He circled the house
then went back below the garage and parked the car. I expected he would ring the bell
and I waited to let him in, but he had a key to the back door. I saw him go in. I
wondered what he was doing, so I went to my door and listened. He walked down the
stairs, and I heard him open the door of Charles Ashtons room.
Yes, sir; I saw him very clearly in the lights of the automobile.
Did he subsequently return to the house?
I dont know. I think he did.
What makes you say that? Mason inquired.
I heard a car drive around the driveway and stop at a point opposite the window
to Ashtons bedroom. I thought it was the defendants car, but I didnt look. That is, I
thought the motor sounded like the motor on his car.
How long was the car there?
The witness leered at Perry Mason. Two or three minutes, he said. Plenty long
enough for the defendant to pick up a crutch and put it in the car.
The courtroom tittered.
Exactly, Mason said. Now if he had driven back to pick up the crutch, why didnt
he pick up the cat at the same time? What was the object in carrying the cat in his arms
if he was going to return later on with the automobile?
I dont know, the witness said after a moment.
I am quite certain you dont, Mason observed, getting to his feet. Now, you had
been taking quite an interest in Charles Ashton, hadnt you?
Me, sir?
Yes, you.
Why, I dont think so.
Mason stared steadily at the witness, and Brandon, squirming uncomfortably in
the chair, avoided his eyes.
Do you know when Ashton came to consult me about his cat?
I cant say, the witness said.
Mason, staring at him coldly, said. You are under oath, remember that. When
Ashton came to my office, you followed him, didnt you?
No, sir.
You had the green Pontiac, Mason said slowly. You parked it in front of my
office. You waited until Ashton came out and then you followed him, driving slowly in
the car, didnt you?
The witness wet his lips, remained silent. Judge Pennymaker leaned forward, his
face showing interest. Truslow looked puzzled.
Go on, Mason said; answer the question.
Yes, sir, the witness said finally; I did.
And you went to Babson, the crutch maker, and asked him about Ashtons
crutch, didnt you?
Once more, there was a perceptible period of hesitation, then Brandon said
slowly, Yes, sir; I did.
And found out that Babson had hollowed out a receptacle in Ashtons crutch.
Yes, sir.
Why did you do that?
I was instructed to.
Who instructed you?
Frank Oafley.
Did he say why he wanted you to do that?
No, sir. He told me to shadow Ashton every time Ashton left the premises. He
asked me to find out where Ashton went, report on everyone Ashton saw, and find out
how much money Ashton spent. He was particularly anxious about the money.
When did he tell you that?
On the twentieth.
And when did he tell you you didnt need to shadow Ashton anymore?
On the evening of the twenty-third.
At what time?
At dinner time.
Perry Mason returned to the counsel table, sat down in his chair and smiled over
at Truslow.
That, he said, is all.
Truslow hesitated, then slowly said, I think thats all. Dr. Robert Jason will please
take the stand.
Dr. Robert Jason took the stand, testified to the fact that the body of Peter Laxter
had been exhumed; that he had made a careful post mortem examination for the
purpose of determining whether the burns had been inflicted before death or
afterwards.
What did you determine? Truslow asked.
The body was almost incinerated, but there were several places where the
clothing had protected the flesh. It is an established fact that, where death results from
burning, at points where the clothing is tight around the body, there is less damage to
the flesh. On these areas I was able to make an examination from which I reached my
conclusion.
What was that conclusion?
That the deceased met his death prior to the fire.
Cross-examine, Truslow announced.
Did you determine whether the cause of death had been burning or carbon
monoxide poisoning? Mason asked.
Dr. Jason shook his head. In all cases of burning there is usually present carbon
monoxide residue in the tissues.
So it would be virtually impossible to tell whether a person had met death from
carbon monoxide poisoning, which was administered through fumes liberated from the
exhaust of a motor vehicle, or by being asphyxiated and burnt in a burning house. Is
that right?
That is approximately correct; yes sir.
Therefore, acting on the assumption that the body would show evidences of
carbon monoxide poisoning in either event, you failed to make any test for it in this
post mortem examination?
Thats right.
Did you make any x-rays of the bones?
No. Why?
I was wondering if the body showed that the right leg had recently been broken.
Dr. Jason frowned.
What would that have to do with it? Truslow inquired.
I would just like to have such a test made, Mason remarked, and, if we are
going to have this evidence introduced at all, I feel that I am entitled to know whether
there was evidence of carbon monoxide poisoning.
But, Judge Pennymaker pointed out, the witness has just stated that such
evidence would be present, regardless of how the man met his death.
Oh, no, he didnt, Mason said. He simply testified that such evidence would be
present whether death had been from burning or from carbon monoxide. I would like
to have this witness instructed to ascertain immediately those two things and return to
court.
I can telephone to my office and have one of my assistants make the test
immediately, the witness said.
That will be quite agreeable, Perry Mason observed.
That would be irregular, Judge Pennymaker pointed out.
I know, your Honor, but the hour is getting late and I would like to have the
matter completed today. After all, this isnt a case in a superior court before a jury. The
function of this hearing is only to determine whether a crime has been committed and
whether there is reasonable ground to suppose the defendant is guilty.
Very well, Judge Pennymaker said; you may do that, Dr. Jason.
Dr. Jason left the witness stand.
Della Street came pushing forward toward the rail which separated the place
reserved for court officials from the balance of the courtroom. She caught Perry Masons
eye.
Just a moment, if the Court will indulge me, Perry Mason said, and went to the rail.
Della Street whispered to him, I have been calling the insurance company and
asking for information. They have just advised me that the police in Santa Fe, New
Mexico, have recovered my car. A man was driving it who claims he is Watson
Clammert, but can offer no proof of his identity other than some receipts which the
police think are forged, because the receipts show that he purchased and paid for the
car, as Watson Clammert. But the peculiar thing is that they think he is a bank robber,
as well, because in a suitcase in the car there was over a million dollars in currency.
Mason sighed with satisfaction.
Now, he said, we are getting somewhere.
We will call Winifred Laxter to the stand, Truslow said, as our next witness.
He lowered his voice slightly and said to Judge Pennymaker, The Court will
undoubtedly bear with us that this is a hostile witness, and permit the use of leading
questions.
You may examine the witness, Judge Pennymaker said, and rulings will be
made when the necessity for leading questions becomes apparent.
Very well. Take the stand, Miss Laxter.
Winifred Laxter walked forward, as a princess might approach the sword of a
headsman.
She held up her right hand, took the oath and then walked to the witness chair
and sat down.
Your name is Winifred Laxter and you are engaged to the defendant?
I am.
You were acquainted with Charles Ashton?
I was.
You are familiar with the cat now in court, with a tag around its neck upon which
the word Clinker appears?
Winifred Laxter bit her lip and said, I knew the caretakers cat.
Is this the caretakers cat that you have mentioned?
Winifred Laxter looked pleadingly at Perry Mason, but Perry Mason remained
silent. She took a deep breath, hesitated, seemed about to shake her head, but the cat,
with a throaty meow, jumped from the table, crossed the courtroom, leapt into her
lap and curled up contentedly. Some of the spectators tittered. The Judge pounded
with his gavel. The girl glanced once more at Perry Mason.
Answer the question, Winifred, Perry Mason said, and tell the truth.
Mason stepped to the witness stand, took the oath and sat down. Judge
Pennymaker looked at him with some sympathy, then said to Truslow, After all,
Counselor, while your comment as to Counselor Masons methods of representing a
client may have some justification, the fact remains that Counselor Mason is an
attorney at law. He is not restricted to the representation of any one client. If it should
appear, as I think it will appear, that he also represented Winifred Laxter, the Court will
hold as a privileged communication anything which Winifred Laxter may have said to
him. As you have so aptly pointed out, Counselor Masons methods are perhaps
somewhat unusual, but you must admit that his history shows a long line of successes
which have been achieved, not through a defense of the guilty, but through strikingly
original methods of demonstrating the innocence of his clients.
I am not talking about the past, Truslow said grimly, I am talking about the
present.
I thank your Honor for holding out a lifeline to me, Mason said smilingly, but I
hardly think it will be necessary.
Truslow said, Your name is Perry Mason? You are an attorney at law?
That is right.
You are the attorney representing Douglas Keene?
I am.
Did you go to the waffle place operated by Winifred Laxter on the night of the
twenty-third?
I did.
Did you take into your possession a cat at that place?
I did.
What did you do with that cat?
Perry Mason smiled. I will even go farther than your question, Mr. Truslow. The
cat was given to me with the statement that it was Clinker, the caretakers cat, and
Winifred Laxter stated that the cat had been in her possession ever since shortly after
eleven oclock when it had been delivered to her by Douglas Keene, the defendant in
this case.
I told Miss Laxter that it was important the police did not find the cat there, and I
took the cat and personally delivered it to my secretary with instructions to keep it in
her possession.
And just why did you do that? Truslow asked.
I did it, Perry Mason said, so that there would be no chance for the cat to escape
and return to the Laxter residence.
It took a moment for the meaning of Masons words to penetrate to Truslows
consciousness. He frowned and said, What?
I did it so the cat couldnt get back to the Laxter residence.
If that is what happened, one who is at all familiar with the nature of cats would
realize that the cat would be very apt to resent such treatment and that his resentment
would take the form of deep scratches on the murderers hands. I therefore looked over
the possible suspects to find someone with scratched hands. When I found that person, I
found he had sought to conceal the scratches on his hands by making additional
scratches under circumstances which would seem to offer an explanation for scratched
hands to-wit digging around a rose bush, apparently in an attempt to discover
treasure, but the digging was certainly not the type of digging one would indulge in if
trying to unearth a million dollar treasure. Therefore, I came to the conclusion that the
digging was for the sole purpose of furnishing him an excuse by which he could account
for scratches on his hands, claiming that they had been inflicted by the rose thorns.
Truslows eyes were opened so wide that they seemed to bulge.
You mean Frank Oafley? Why, Frank Oafley was with Edith DeVoe at the time
Ashton was murdered.
Yes, Mason said, I let this entire trial proceed merely because I wanted to get
that admission from his own lips, because Ashton was not murdered in his bed, but was
murdered in the apartment of Edith DeVoe. He must have been murdered there. It is the
only explanation which satisfies all of the physical facts in the case. Remember that
Ashton was a frail, wizened individual, and that a driveway went directly past the
window over his bed. A strong man could have slid Ashtons body through that window
with the greatest ease.
Just a minute, Truslow objected, suddenly aware of what was happening. You
are on the witness stand as a witness, yet you are making an argument in the case.
Called to the witness stand, Perry Mason remarked urbanely, as a witness on
behalf of the prosecution, and I am testifying in response to a question from you asking
that I explain my motive in taking the cat from Winifred Laxter and concealing it where
none of the parties to the action could find it until after the police had taken it into
their custody for safekeeping. And to ensure the fact that the police would keep it safe,
I led the police to believe that by holding the cat they could implicate my client and
perhaps cause me some embarrassment as an attorney.
Judge Pennymaker smiled and said, I think Counselor Mason is probably making
rather an argumentative answer; but the Court is certainly going to hear it. Go on with
your explanation, Mr. Mason.
I felt certain, Perry Mason said, turning to the Court, that Peter Laxter was not
dead.
Judge Pennymaker shook his head, as though trying to clear his senses. Felt
certain that what? he asked.
That Peter Laxter was not dead. Everything pointed to the fact that Edith DeVoe
and Frank Oafley had plotted against his life; that they had decided to introduce carbon
monoxide gas into his bedroom. The evidence in this case shows that Charles Ashton, the
caretaker, and who was a devoted servant, apparently received from Peter Laxter a large
sum of money, and the famous Koltsdorf diamonds; that this property was delivered to
him for safekeeping, the reason being that Peter Laxter must have known in advance that
his country house was going to be destroyed by fire.
In other words, either Peter Laxter or Charles Ashton knew that an insidious
attempt at murder was going to be made by someone. Edith DeVoe told me it was made
by Sam Laxter, but I am inclined to think she said that as part of a prearranged scheme by
which she and Frank Oafley had conspired to murder Laxter, and then, by accusing Sam
Laxter of the murder, eliminate him from sharing in the estate, leaving Frank Oafley as the
sole heir.
Peter Laxter decided to let the conspirators go ahead with the murder plot. For
reasons of his own, he wanted to disappear. One of those reasons was probably that he
wanted to bring Winifred Laxter to her senses by letting her see how the two men who
professed to love her would behave if she apparently were disinherited. So Ashton, the
caretaker, who was in Peter Laxters complete confidence, went to the charitable ward
of the hospital. He found there a man a Watson Clammert who was dying; who had
no relatives and no property. Ashton gave this man the best medical attendance and
nursing, knowing in advance that it was a hopeless case. He built up, by this means, a
fictitious relationship, so that no question was raised when Ashton took the body after
the man had died.
Undoubtedly, the conspirators had been watching for just the right opportunity
to perpetrate their crime, and undoubtedly Peter Laxter had shrewdly deprived them of
this opportunity until he had completed his preparations, which included getting a
body and reducing all of his negotiable property to cash so that his ostensible heirs
could not loot his estate.
Watson Clammert, however, had a driving license and certain papers of
identification, so it was easier for Peter Laxter to assume the name of Watson Clammert
than it was to adopt an entirely new name. When the stage had been set, he let the
conspirators burn up his country house, after going to the elaborate trouble of
introducing carbon monoxide gas into his bedroom. They then went ahead and probated
his will while Peter Laxter sat on the sidelines and laughed at them.
You understand, your Honor, I am now stating the reasons which lay behind my
actions. Much of this is, of necessity, assumption, but I think the assumption is well
taken.
Everyone has acted upon the assumption that because Oafley was not present
where Ashtons body was found at the time Ashton was murdered, he has a good alibi.
As a matter of fact, there is nothing which actually indicates that Ashton was murdered
at the place where his body was found. I believe that he was murdered in Edith DeVoes
apartment. I believe that he went there, or was lured there by the conspirators when
they found out that Ashton knew of their conspiracy. I think that they both believed
Peter Laxter was dead. I think that they killed Ashton, cut up the crutch, took out the
diamonds, and, knowing that they had to dispose of Ashtons body, slipped it out of
the window into Oafleys waiting automobile. Then Frank Oafley drove his machine to
the Laxter residence sometime after the defendant had left the premises with the cat,
and slid the body through the window which was customarily left open to enable the
cat to go in and out.
The murderer knew that Clinker customarily slept on the bed. He wanted to show
that everything was as it should be. So he looked around to find Clinker and found that
Clinker had been taken a few minutes earlier by Douglas Keene, so he immediately
realized what damaging evidence he could pile up against Keene if there were cat
tracks on the bed. So he went out, found a cat and forced the cat to make tracks on the
bed. In doing this his hands were scratched.
Oafley wanted to have some logical explanation by which he could account for
his scratched hands. So he arranged to have a telegram sent to him, and, in order to
make that telegram appear natural, he arranged that a check-up would apparently
show it had been sent by Winifred Laxter. This telegram gave Oafley an opportunity to
dig in the rosebush, so that he could have a logical explanation for his scratched hands.
Now then, your Honor, we enter upon the phase of the case which so far can
only be a matter of speculation. As soon as I realized that it was contemplated a
Watson Clammert might be given access to the safety deposit boxes Ashton had
rented, I realized that Peter Laxter had, for the sake of convenience, taken the name of
Watson Clammert, probably in order to use Clammerts driving license, rather than
apply for another. I dont know what happened in Edith DeVoes apartment shortly
after eleven oclock, but I can surmise what happened. Oafley assisted her in killing the
caretaker. Then he took the caretakers body, leaving the crutch in Edith DeVoes
apartment. They sawed up the crutch and intended to burn it up, after having removed
the diamonds. Sam Laxter went to his lawyers office in the green Pontiac. He returned
home in the caretakers Chevrolet. Therefore, he must have found the Chevrolet parked
at some place which he visited after leaving Shusters office.
He wouldnt have taken this car unless he had thought Ashton was dead, or
unless he was in a hurry caused by panic.
I feel certain that he and Shuster discussed the fact that Edith DeVoe was making
charges against him. I think Shuster found out what was happening from remarks
dropped by Oafley. I think Sam Laxter went to see Edith DeVoe, either with or without
Nat Shusters knowledge. Sam Laxter went to the apartment and found her dying. He
left in a panic, and it is reasonable to surmise that he called his attorney, Nat Shuster. I
will not speculate as to what he said to Shuster or what Shuster said to him, but the fact
remains that a very shrewd attempt was made to fasten the crime on Douglas Keene.
In view of the statements Edith DeVoe had been making charging Sam Laxter
with murder, Sam Laxter realized at once that if it could be shown he was at Edith
DeVoes apartment at about the time the murder was committed, he would stand but
little chance of being acquitted.
Now then, the question arises: Who did murder Edith DeVoe? I dont know; but I
do know that Peter Laxter, masquerading as Watson Clammert, purchased a new Buick
sedan. I do know that a new Buick sedan was seen by witnesses parked immediately
behind the caretakers Chevrolet in front of Edith DeVoes apartment house. The
probabilities are that Peter Laxter went there to wait for Ashton to come out. After a
period of waiting, Peter Laxter went to Edith DeVoes apartment. This was probably at
about eleven oclock or a little later. He found Edith DeVoe under most incriminating
circumstances. The caretakers crutch had been sawed up and was being burned in the
grate. The Koltsdorf diamonds were probably in plain sight on a table.
I dont think Laxter lost his temper and struck Edith DeVoe purposely with a club.
But we must remember that Laxter was an elderly man; that Edith DeVoe was vigorous
and well-formed, strong and feline. She probably was the one who attacked Laxter.
Laxter took the first weapon which came to his hand, pulling out a piece of the sawedup crutch from the fireplace. We can surmise that the crutch had just started to burn,
because a few minutes before Edith DeVoe had gone into the next room to borrow a
match. We know that wood had recently been burned in the grate. We know that there
were some evidences of heat having been applied to one end of the section of crutch
which was used as a club. And I think the police will find the fingerprint on that club
was left by Peter Laxter alias Watson Clammert.
Perry Mason ceased talking, smiled at the startled prosecutor.
Dr. Jason pushed his way into the courtroom. His manner was excited. The man
didnt meet his death by burning, he said, or from carbon monoxide poisoning, either.
He apparently died from natural causes, and there isnt any break in the right leg, so
the body wasnt that of Peter Laxter.
Hamilton Burger burst into the courtroom through another door.
Your Honor, he said, halt this trial immediately. The district attorneys office
demands an indefinite continuance. A man arrested as a car thief in New Mexico as
Watson Clammert has telegraphed a confession, stating that he is really Peter Laxter;
that he knows Edith DeVoe and Frank Oafley killed Charles Ashton and that Peter
Laxter, invading Edith DeVoes apartment to get evidence of that murder, struck the
blow which killed Edith DeVoe. Panic-stricken, he wanted to escape. Its all here in this
telegram. He is now willing to come back and face the music.
Pandemonium broke loose in the courtroom.
Winifred Laxter, with a glad cry, ran toward Douglas Keene, whose open arms were
waiting for her.
Perry Mason uncrossed his legs, smiled at the startled face of Judge Pennymaker,
reached out and snapped his fingers at the cat.
Hi, Clinker, he said.
Chapter 19
Perry Mason sat in his office. Della Street looked across the desk at him with
starry eyes.
Are you going to defend Peter Laxter? she asked.
If they prosecute him, I am.
I dont see how you knew what had happened.
I didnt, he said, at first. But I had a shrewd suspicion later on. There were two or
three things which gave me a pretty good idea. Notice the manner in which Frank Oafley
married Edith DeVoe. During the time he was living with Peter Laxter he said his courting
was of necessity surreptitious because of Peter Laxters objections. But he thought Peter
Laxter was dead after the house had burned up. There was no necessity for having a
secret marriage ceremony and no necessity for not going on a honeymoon, but returning
to the Laxter home. I am forced to conclude, therefore, that the reason both parties were
so anxious to have the marriage ceremony performed was due to the fact that they
realized a wife could not be examined against her husband without the consent of her
husband, nor a husband be compelled to give testimony against his wife. This was
because they knew the conspiracy was likely to be discovered, and that means that, in
some manner, they had found out Ashton had knowledge of the conspiracy. They
thought Peter Laxter was dead. Therefore, Ashton was the only one who could have
known it.
But the really significant clue is the one of the crutch. The theory of the
prosecution was that the person who murdered Ashton had taken the crutch to Edith
DeVoes apartment and then murdered Edith DeVoe. That manifestly would have been
impossible unless Edith DeVoe had been a party to the Ashton murder, because the
crutch wasnt sawed up when taken there. It was sawed up in the apartment, and pieces
of it had been burned in the grate. That would indicate that Ashton had been in the
apartment; that his murderers had cut up the crutch after they had killed him.
Where would you have been if the police hadnt apprehended the grandfather?
Della Street asked.
I dont know, Mason said. I might have been able to make it stick, and I might
not, but I think I could have pieced the facts together.
Why didnt you accuse Oafley earlier? she asked.
Because, said Mason slowly, of various factors involved. In the first place, I
wanted Douglas Keene to come through, and, in the second place, and he chuckled, I
wanted to grandstand. If I had tipped off the police, they would have taken all the
credit, and they might have bungled the case so that Keene would never have been
really vindicated. They might even have framed him. And I wanted Oafley to admit
under oath being with Edith DeVoe at the exact time Ashton was murdered.
And, she said, last but not least, you so love to skate on thin ice that you like to
play people one against the other while you take all kinds of chances.
Perhaps, he grinned. As I have told you before, I like to play a no-limit game.
But why didnt you get Drake to find Watson Clammert?
He probably couldnt have done it in time. He would have been handicapped.
The best organized law enforcement agency in the country today is the one perfected
by insurance companies to apprehend automobile thieves. They have worked out a
perfect system of coordination. Ordinarily police dont coordinate. They do in
automobile cases. So I fixed things so Watson Clammert would be apprehended as a
car thief. That got me quicker results, enabled us to have him arrested, and brought
about his confession. After all, it was really very simple. By going to the Biltmore Hotel,
establishing our identities as honeymooners, letting the clerk see our new car, and get
interested in you, then having you conceal the car and report it as stolen, we started in
motion the machinery which was bound to put a finger on Clammert. He was entirely
unsuspecting. He was driving the car he had purchased under his assumed name. It was
only a matter of hours until hed be arrested.
Well, Della Street said, the Lord knows your methods are unconventional, but I
will say this for them, they are effective.
He grinned at her.
And, she said, now that we have finished up this case, we have an extra Buick
sedan on our hands. What are we going to do with it; sell it, or sell the convertible?
No, Mason said slowly, we would better keep them both.
She raised her eyebrows.
You see, he said, its a handy car to have around in case I should ever want to
go on a honeymoon.
The End