The Case of the Troubled Trustee (15 page)

"For the most part I am going to let the facts speak for themselves, but because they are somewhat complicated I will give you a brief outline.

"The defendant, Kerry Dutton, was trustee under a so-called spendthrift trust created by Templeton Ellis in favor of his daughter, Desere Ellis.

"Under the terms of this trust, the defendant, Dutton, had the right to sell securities as he saw fit, purchase other securities, and to pay out such money as he saw fit to the beneficiary of the trust.

"Now then, ladies and gentlemen, we expect to prove that in the three years and some months, almost four years, during which this trust had been in effect-" And here Bailey held up four fingers in front of the jury- "during all of those four years, the defendant in this case never made a single accounting to the beneficiary of the trust."

Bailey paused to let that statement sink in.

"Furthermore, ladies and gentlemen of the jury, we propose to show that the defendant, Dutton, had systematically looted that trust, using income from it to feather his own financial nest until he had built up an independent fortune in his own name through shrewd investments and manipulations but he never-made-an-accounting!"

Again there was a moment of silence.

"As a part of the holdings of the trust, there had been stock in the Steer Ridge Oil and Refining Company. This stock was highly speculative. At one time it was rather high; then it went to a low where the value was only nominal; and then when oil had been struck, the property skyrocketed.

"We expect to show that Rodger Palmer, the decedent, had known the executive officials of the Steer Ridge Oil and Refining Company for some time, had also known Templeton Ellis, the father of Desere Ellis.

"We expect to show that Rodger Palmer wanted the defendant to give him a proxy enabling the decedent to vote the trust stock in the Steer Ridge Company. The defendant refused, because he had to refuse, since he had sold the Steer Ridge stock. The decedent didn't know of this sale, but we can show by inference at least that he did know of a purchase of a large block of Steer Ridge stock the defendant had made in his own name.

"The decedent, Rodger Palmer, was threatening the defendant with exposure unless he received a proxy and the sum of five thousand dollars with which to carry on his proxy fight.

"Now, we expect to show this and to show that Rodger Palmer made a final appointment with the defendant at approximately ten o'clock on the night of the twenty-first of September.

"I say that it was a final appointment, because the defendant kept that appointment and, at that time, killed Rodger Palmer. The decedent, Rodger Palmer, had demanded five thousand dollars as the price of his silence. The defendant had been prepared to pay that price if he had to. He had drawn five thousand dollars from his bank and had the money on him in cash when he was apprehended.

"But the defendant knew that blackmail was endless. The blackmailer's attitude would be even more eager, his appetite the more voracious by receiving this payment.

"So after due consideration, after careful deliberation, Kerry Dutton decided on murder as his best way out.

"The murder, ladies and gentlemen, took place at the seventh tee of the exclusive Barclay Country Club. The 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 couldhave been at eight-thirty?"

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

"But it's possibledeath 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 formalaccounting."

"Well, were there any other accountings, any informalaccountings?"

"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 nameat 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 wordsdefinitely, 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."

"That's all," Mason said.

Bailey was again on his feet, "I'm going to ask one more question on redirect. Isn't it a fact that the defendant was fully aware of your feeling that the trust fund would be exhausted?"

"Objected to," Mason said, "as calling for a conclusion of the witness."

"All right, all right, if I have to do it the long way around, I'll do it the long way around," Bailey said in exasperation. "Isn't it a fact that the defendant let you know by his own words that he understood you felt the termination of the trust would leave you with no funds?"

"Objected to as calling for a conclusion of the witness and on the further ground that it is leading and suggestive."

"It's redirect examination," Bailey said.

"I don't care what it is," Mason said. "A man has no more right to lead his witness on redirect than he does on direct. Furthermore, this calls for a conclusion of the witness as to what the defendant said. Let's have a question calling for the defendant's exact words."

Bailey waved his hands in a gesture of dismissal. "I think the jury understands the situation. I'm not going to bicker with counsel. That's all, Miss Ellis."

Mason smiled. "That'sall."

"I'll call Mrs. Rosanna Hedley to the stand," Bailey said.

Mrs. Hedley assumed her position on the witness stand with a very visible chip on her shoulder. She didn't intend to be confused by any attorney.

"Did you ever hear a conversation between Desere Ellis and the defendant in which she asked him about the condition of the trust funds?" Bailey asked.

"Yes, sir."

"Do you remember when that was?"

"I remember exactly when it was. That was on the fourth day of July, on the evening of the fourth of July."