The Case of the Troubled Trustee

body was not found until the next morning.

'By that time the defendant had fled to Mexico and was registered at an auto court under the name of Frank Kerry.

'We may never know all the information Palmer was holding over the defendant's head. We can surmise some of it. The circumstantial evidence screams to heaven of blackmail.

'We further propose to show that along the path of his flight, the defendant paused long enough to throw the gun, the murder weapon with which Rodger Palmer was killed, under a culvert.

'On the strength of that evidence, ladies and gentlemen of the jury, we expect to ask for a verdict of firstdegree murder.

'We thank you.'

Bailey bowed with courtly dignity, strode back to the counsel table, and sat down.

'Do you wish to make an opening statement at this time?' Judge Alvarado asked Perry Mason.

'We will defer our opening statement until the defense is ready to put on its case,' Mason said.

'Very well,' Judge Alvarado said, 'call your first witness, Mr. Prosecutor.'

Bailey called the autopsy surgeon who testified to having performed an autopsy on the body of Rodger Palmer. The death had been caused by a single gunshot wound in the head, which had been fired into the right temple from a gun which had been not more than six inches away from the man's head at the time of its discharge.

Asked as to the time of death, he fixed the time of death as between nine-thirty o'clock and two-thirty A.M. on the night of the twenty-first and twenty-second of September.

'Cross-examine,' Bailey snapped at Mason.

Mason said, almost casually, 'Death could have been at nine o'clock, Doctor?'

'I doubt it.'

'At eight-thirty?'

'I don't think so.'

'But it could have been at eight-thirty?'

'It's possible but not probable. I fix nine-thirty as the earliest hour.'

'But it's possible death occurred at eight-thirty?'

'But not probable. You cah't fix the time of death with a stop watch.'

'That's all, Doctor, thank you.'

In rapid succession, Bailey called witnesses who testified to Rodger Palmer's interest in the Steer Ridge Oil and Refining Company, to his friendship with Templeton Ellis, and to the fact that he had, shortly prior to his death, been engaged in a quiet campaign to secure proxies in the Steer Ridge Oil and Refining Company in his name.

Mason brushed all of these witnesses aside with the casual comment, 'No questions,' when he was asked to cross-examine.

Judge Alvarado watched the lawyer with thoughtful curiosity as it became apparent Mason did not intend to engage in routine cross-examination.

'Call Miss Desere Ellis to the stand,' Bailey said, in the manner of one making a dramatic announcement.

Desere Ellis came forward, her manner subdued, her eyes purposely avoiding those of Kerry Dutton.

She took the oath, seated herself on the stand, and faced the prosecutor with the manner of a courageous woman who is facing an ordeal and is determined to be brave.

Under skillful questioning by Bailey she told about her father's death, the reading of the will, the initial conversations with the defendant about the trust.

'Now then,' Bailey said, 'when did the defendant make his first accounting under the trust?'

'He never made any accounting.'

'Never-made-any-accounting?' Bailey repeated.

'No, sir, no formal accounting.'

'Well, were there any other accountings, any informal accountings?'

'Well, he discussed, from time to time, the securities which he had sold in order to give me my allowance.'

'And did he make any comments at that time in regard to the principal of the trust?'

'He said at one time that he had sold nearly all of the securities which my father had left.'

'Thereby giving you the impression that there would be no funds available to you after the termination of the trust?'

'I had that impression, yes.'

'Did the defendant, at any time, tell you that there was a large sum of money in the trust which he would have to pay over to you or to which you would be entitled on the termination of the trust period?'

She shifted her position on the witness stand, started to glance at Dutton, then lowered her eyes.

'No,' she said.

'Did he ever tell you he had sold your Steer Ridge stock at a dollar a share, then, later on, purchased a similar block of Steer Ridge stock in his own name at from ten to fifteen cents a share?'

'No.'

'Did he tell you he had made this purchase only a few days before the stock had skyrocketed in value?'

'No.'

'Did he tell you he had secured inside information that Steer Ridge was drilling in a most promising formation?'

'No.'

'Did you have any reason to believe your Steer Ridge stock had been sold?'

'No.'

'The defendant never told you so?'

'No.'

Bailey said to Perry Mason, 'Cross-examine.'

Mason arose and approached the witness, his manner courteous, pausing when he was some five steps from the witness stand, waiting until she raised her eyes to his.

Mason said in a kindly voice, 'You had the impression that your trust funds would be exhausted when the time came to terminate the trust?'

'Yes.'

'That was an impression you had in your mind?'

'Yes.'

'Now then,' Mason said, holding up his left index finger, 'please follow this question very closely. Are you prepared to do so?'

'Yes, sir,' she said, her eyes on his finger.

Mason moved the finger, slowly, beating time to the words, 'Did you get this impression from your own thinking, or did the defendant ever tell you in so many words that the trust fund would be exhausted at the time the trust terminated?'

'I… I had that impression.'

'I know you did,' Mason said, 'and it is quite possible that the defendant knew you did, but I am asking now if the defendant ever told you in so many words definitely, positively, that the trust fund would be exhausted at the time the trust terminated?'

'I can't remember his ever having said that.'

'That's all,' Mason said.

'Just one more question on redirect,' Bailey said. 'Did the defendant ever tell you in so many words, Miss Ellis, that there would be a large sum of money coming to you on the termination of your trust?'

'No, sir,' she said, promptly.

'That's all,' Bailey said.

'Just one more question on recross?' Mason asked. 'Miss Ellis, did you ever ask the defendant?'

'No, I can't remember doing that.'

'In other words, you took the situation for granted?'

'Yes.'