Mason said, “I have quite a bit at stake myself. If it hadn’t been for … Oh, well, you see now how it was. I couldn’t possibly have done anything there Saturday night without making it appear that we’d been engaged in some sort of a scheme, either to concoct or steal evidence, and either would have been bad for me.”
“Oh, if I’d only gone to Alder, the way you told me to. But I thought I knew more. If I’d only known who you were, I’d have taken your advice unquestionably.”
‘Well,” Mason said, “we’re in it now, and we’ll see it through.”
“What are you going to do?”
Mason said, “I’m going to use a little ingenuity for one thing, and perhaps a little bluff. The first thing you’re going to do is to get out on bail. The next thing we’re going to do is to sue George S. Alder, and serve notice that we want to take his deposition. And then we’re going to have him worried.”
“But can you do all that?” she asked.
“We can try,” Mason said. “Keep your chin up, Dorothy. I’ll be seeing you later.”
Mason motioned to the matron that the interview was over.
Chapter 5
JUDGE LANKERSHIM LISTENED PATIENTLY TO THE CONCLUDING arguments of a long-winded lawyer, said, “The demurrer is overruled. Ten days to answer.”
He glanced at the clock, said, “That winds up the calendar. Now we have a matter which I have continued until this time. It involves the question of bail in the case of People versus Fenner.”
Vincent Colton said, “We’re ready to discuss the matter for the prosecution, Your Honor.”
Judge Lankershim said, “Mr. Jackson, of Mr. Mason’s office, was … Oh, I see Mr. Mason is here himself. Are you ready to proceed, Mr. Mason?”
“Yes, Your Honor.”
“Now, what seems to be the trouble?” Judge Lankershim asked. “Apparently a young woman is charged with theft. As I gathered the situation from Mr. Jackson, any attempt at escape on her part would be exceedingly unlikely. She has money in the bank, owns a yacht, and…”
“And the money in the bank could be drawn out overnight,” Colton snapped. “The yacht is an old, small boat, of very questionable value. This young woman has no previous criminal record, so far as I know, but the fact remains that she did enter this dwelling house during the nighttime, mingled with the guests at a dinner party, and stole some fifty thousand dollars’ worth of jewelry. To permit her to go free on a nominal bail would simply enable her to put up the five or ten thousand dollars’ bail, sell the jewelry, and be forty thousand dollars to the good.”
“Nonsense,” Mason said.
“Just a minute, Mr. Mason,” Judge Lankershim interposed. “You’ll have an opportunity to state your case. Go on, Mr. Deputy District Attorney.”
“That about covers the situation,” Colton said. “Our office feels that this is a case where bail should be at least as high as the property that was taken “
“None of this property has been recovered by the police?”
“No, Your Honor.”
Judge Lankershim thought for a moment, then glanced over his glasses at Perry Mason. “Well, Mr. Mason, what’s the situation from your viewpoint? I think I have most of your views. Mr. Jackson made a rather complete presentation of the case when I was approached in chambers. Mr. Colton said he wanted time to correlate some other evidence.”
Mason said, “In the first place, I don’t think fifty thousand dollars’ worth of jewelry was taken. I don’t think any jewelry was taken.”
“I see,” Colton said sarcastically. “Mr. Alder, a very reputable and established citizen, is going around hurling false charges at innocent persons. Is that your contention?”
“You might be surprised,” Mason said, “to know that it is. I’d just like to have Mr. Alder make a list of the articles of jewelry which he claims were taken.”
“I’ve told him to prepare such a list,” Colton said.
“And then submit it to you?”
“Yes.”
“Under oath?”
“That’s not necessary. Hell give his testimony when he gets to court.”
“Where is he now?”
“In my office, making out the list.”
Mason said, “How long do you suppose it’s going to take him to make it out?”
“Well, there were quite a few items.”
“I’d just like to know some of the items,” Mason said. “I’d like to have him definitely show where he gets his figure of fifty thousand dollars.”
“Hell show it at the proper time.”
“The proper time is right now, if he’s going to try to prevent this young woman from being admitted to a reasonable bail.”
Mason turned and addressed himself to the judge. “Your Honor, here is a young woman of position and refinement, and I think if you could see her you would appreciate immediately that there certainly must be some misunderstanding. I haven’t as yet talked with her enough to know about all the facts of the defense. I understand that the only evidence which connects her with the crime is a bath towel, which had her laundry mark on it, on the premises.
“Obviously, any person who would steal fifty thousand dollars’ worth of jewelry could steal a bath towel. I also doubt very much if any such amount of jewelry was taken. I think that the victim made a hurried guess to the police officers and I venture to say that if Mr. Colton would get his office on the phone right now he’d find that Mr. Alder is not only having exceedingly great difficulty in preparing such a list, but that he can’t even list any jewelry which has been taken.”
“Oh, that’s absurd,” Colton said.
Mason said, “What’s the use of bothering with a lot of affidavits? We have the judge here on the bench, ready to hear the matter. If, as you say, Alder is in your office at the present time, why not have him take the elevator and come to court?”
“And if he says fifty thousand dollars’ worth of jewelry was taken you’ll agree to a fifty-thousand-dollar bail?” Colton asked.
Mason said, “Put your man right on that witness stand. Ask him the question under oath. Give me an opportunity to ask a question or two on cross-examination to clarify the situation. If he then says fifty thousand dollars’ worth of jewelry was taken, I’ll submit that the bail should be fifty thousand dollars. Let’s also have it agreed that if he says ten thousand dollars’ worth of jewelry was taken the bail will be ten thousand, and, if he says one thousand dollars’ worth of jewelry was taken, the bail will be one thousand dollars, and, if he says no jewelry was taken, the defendant can be released on her own recognizance.”
“If he says no jewelry whatever was taken,” Colton said grimly, “I'll not only let the defendant be released on her own recognizance, I’ll dismiss the case.”
“All right, bring him in,” Mason said.
“If I may use the phone, Your Honor.”
“Go ahead. Take the telephone in my chambers,” Judge Lankershim said.
The deputy district attorney went to die judge’s chambers. Judge Lankershim glanced somewhat quizzically over his glasses at Perry Mason. “I see you took the matter over personally, Mr. Mason.”
Mason nodded.
“Your Mr. Jackson made a very able presentation of the law,” Judge Lankershim said.
“I’m glad he did, Your Honor. I’m going to try to make an equally able presentation of the facts.”
Judge Lankershim’s eyes twinkled.
Vincent Colton returned to the courtroom and said, “Mr. Alder will be right up.”
“Did you ask him if he had that list?” Mason asked.
Colton said with dignity, “I told him to bring the list, and he could read it into evidence.”
Mason said, “I want the court reporter to report this testimony.”
“It will be reported,” the court reporter said.