Defender of the Innocent: The Casebook of Martin Ehrengraf

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Defender of the Innocent: The Casebook of Martin Ehrengraf Page 9

by Lawrence Block


  “Interesting.”

  “The man really hates me. Some people take to me and some people don’t, but he just couldn’t stomach me. Thought I was the lowest of the low. It really grinds a person down, you know. All the pressure he was putting on Robin, and both of us being as broke as we were, I’ll tell you, it reached the point where I couldn’t get any writing done.”

  “That’s terrible,” Ehrengraf said, his face clouded with concern. “The poetry left you?”

  “That’s what happened. It just wouldn’t come to me. I’d sit there all day staring at a blank sheet of paper, and finally I’d say the hell with it and fire up a joint or get into the wine, and there’s another day down the old chute. And then finally I found that bottle of bourbon and the next thing I knew—” the poet managed a brave smile “—well, according to you, I’m innocent.”

  “Of course you are innocent, sir.”

  “I wish I was convinced of that, Mr. Ehrengraf. I don’t even see how you can be convinced.”

  “Because you are a poet,” the diminutive attorney said. “Because, further, you are a client of Martin H. Ehrengraf. My clients are always innocent. That is the Ehrengraf presumption. Indeed, my income depends upon the innocence of my clients.”

  “I don’t follow you.”

  “It’s simple enough. My fees, as we’ve said, are quite high. But I collect them only if my efforts are successful. If a client of mine goes to prison, Mr. Telliford, he pays me nothing. I’m not even reimbursed for my expenses.”

  “That’s incredible,” Telliford said. “I never heard of anything like that. Do many lawyers work that way?”

  “I believe I’m the only one. It’s a pity more don’t take up the custom. Other professionals as well, for that matter. Consider how much higher the percentage of successful operations might be if surgeons were paid on the basis of their results.”

  “Isn’t that the truth. Hey, you know what’s ironic?”

  “What?”

  “Mr. Littlefield. Robin’s father. He could pay you that eighty thousand out of petty cash and never miss it. That’s the kind of money he’s got. But the way he feels about me, he’d pay to send me to prison, not to keep me out of it. In other words, if you worked for him you’d only get paid if you lost your case. Don’t you think that’s ironic?”

  “Yes,” said Ehrengraf. “I do indeed.”

  When William Telliford stepped into Ehrengraf’s office, the lawyer scarcely recognized him. The poet’s beard was gone and his hair had received the attention of a fashionable barber. His jacket was black velvet, his trousers a cream-colored flannel. He was wearing a raw silk shirt and a bold paisley ascot.

  He smiled broadly at Ehrengraf’s reaction. “I guess I look different,” he said.

  “Different,” Ehrengraf agreed.

  “Well, I don’t have to live like a slob now.” The young man sat down in one of Ehrengraf’s chairs, shot his cuff, and checked the time on an oversized gold watch. “Robin’ll be coming by for me in half an hour,” he said, “but I wanted to take the time to let you know how much I appreciated what you tried to do for me. You believed in my innocence when I didn’t even have that much faith in myself. And I’m sure you would have been terrific in the courtroom if it had come to that.”

  “Fortunately it didn’t.”

  “Right, but whoever would have guessed how it would turn out? Imagine old Jasper Littlefield killing Jan to frame me and get me out of his daughter’s life. That’s really a tough one to swallow. But he came over looking for Robin, and he found me drunk, and then it was evidently just a matter of taking the fire axe out of the case and taking me along with him to Jan’s place and killing her and smearing her blood all over me. I must have been in worse than a blackout when it happened. I must have been passed out cold for him to be sure I wouldn’t remember any of it.”

  “So it would seem.”

  “The police never did find the fire axe, and I wondered about that at the time. What I’d done with it, I mean, because deep down inside I really figured I must have been guilty. But what happened was Mr. Littlefield took the axe along with him, and then when he went crazy it was there for him to use.”

  “And use it he did.”

  “He sure did,” Telliford said. “According to some psychologist they interviewed for one of the papers, he must have been repressing his basic instincts all his life. When he killed Jan for the purpose of framing me, it set something off inside him, some undercurrent of violence he’d been smothering for years and years. And then finally he up and dug out the fire axe, and he did a job on his wife and his son, chopped them both to hell and gone, and then he made a phone call to the police and confessed what he’d done and told about murdering Jan at the same time.”

  “Considerate of him,” said Ehrengraf, “to make that phone call.”

  “I’ll have to give him that,” the poet said. “And then, before the cops could get there and pick him up, he took the fire axe and chopped through the veins in his wrists and bled to death.”

  “And you’re a free man.”

  “And glad of it,” Telliford said. “I’ll tell you, it looks to me as though I’m sitting on top of the world. Robin’s crazy about me and I’m all she’s got in the world, me and the millions of bucks her father left her. With the rest of the family dead, she inherits every penny. No more slinging hash. No more starving in a garret. No more dressing like a slob. You like my new wardrobe?”

  “It’s quite a change,” Ehrengraf said.

  “Well, I realize now that I was getting sick of the way I looked, the life I was leading. Now I can live the way I want. I’ve got the freedom to do as I please with my life.”

  “That’s wonderful.”

  “And you’re the man who believed in me when nobody else did, myself included.” Telliford smiled with genuine warmth. “I can’t tell you how grateful I am. I was talking with Robin, and I had the idea that we ought to pay you your fee. You didn’t actually get me off, of course, but your system is that you get paid no matter how your client gets off, just so he doesn’t wind up in jail. That’s how you explained it, isn’t it?”

  “That’s right.”

  “That’s what I said to Robin. But she said we didn’t have any agreement to pay you eighty thousand dollars, as a matter of fact we didn’t have any agreement to pay you anything, because you volunteered your services. In fact I would have gotten off the same way with my court-appointed attorney. I said that wasn’t the point, but Robin said after all it’s her money and she didn’t see the point of giving you an eighty-thousand-dollar handout, that you were obviously well off and didn’t need charity.”

  “Her father’s daughter, I’d say.”

  “Huh? Anyway, it’s her money and her decision to make, but I got her to agree that we’d pay for any expenses you had. So if you can come up with a figure—”

  Ehrengraf shook his head. “You don’t owe me a cent,” he insisted. “I took your case out of a sense of obligation. And your lady friend is quite correct—I am not a charity case. Furthermore, my expenses on your behalf were extremely low, and in any case I should be more than happy to stand the cost myself.”

  “Well, if you’re absolutely certain—”

  “Quite certain, thank you.” Ehrengraf smiled. “I’m most satisfied with the outcome of the case. Of course I regret the loss of Miss Littlefield’s mother and brother, but at least there’s a happy ending to it all. You’re out of prison, you have no worries about money, your future is assured, and you can return to the serious business of writing poetry.”

  “Yeah,” Telliford said.

  “Is something wrong?”

  “Not really. Just what you said about poetry. I suppose I’ll get back to it sooner or later.”

  “Don’t tell me your muse has deserted you?”

  “Oh, I don’t know,” the young man said nervously. “It’s just that, oh, I don’t really seem to care much about poetry now, you know what I mean?”
<
br />   “I’m not sure that I do.”

  “Well, I’ve got everything I want, you know? I’ve got the money to go all over the world and try all the things I’ve always wanted to try, and, oh, poetry just doesn’t seem very important anymore.” He laughed. “I remember what a kick I used to get when I’d check the mailbox and some little magazine would send me a check for one of my poems. Now what I usually got was fifty cents a line for poems, and that’s from the magazines that paid anything, and most of them just gave you copies of the issue with the poem in it and that was that. That sonnet you liked, ‘On a Train Through Kansas,’ the magazine that took it paid me twenty-five cents a line. So I made three dollars and fifty cents for that poem, and by the time I submitted it here and there and everywhere, hell, my postage came to pretty nearly as much as I got for it.”

  “It’s a scandal.”

  “But the thing is, when I didn’t have any money, even a little check helped. Now, though, it’s hard to take the whole thing seriously. But besides that, I just don’t get poetic ideas anymore. And I just don’t feel it.” He forced a smile. “It’s funny. Getting away from poetry hasn’t been bothering me, but now that I’m talking with you about it I find myself feeling bad. As though by giving up poetry I’m letting you down or something.”

  “You’re not letting me down,” Ehrengraf said. “But to dismiss the talent you have, to let it languish—”

  “Well, I just don’t know if I’ve got it anymore,” Telliford said. “That’s the whole thing. I sit down and try to write a poem and it’s just not there, you know what I mean? And Robin says why waste my time, that nobody really cares about poetry nowadays anyway, and I figure maybe she’s right.”

  “Her father’s daughter.”

  “Huh? Well, I’ll tell you something that’s ironic, anyway. I was having trouble writing poetry before I went to jail, what with the hassles from Robin’s old man and all our problems and getting into the wine and the grass too much. And I’m having more troubles now, now that we’ve got plenty of money and Robin’s father’s out of our hair. But you know when I was really having no trouble at all?”

  “When?”

  “During the time I was in jail. There I was, stuck in that rotten cell with a lifetime in the penitentiary staring me in the face, and I swear I was averaging a poem every day. My mind was just clicking along. And I was writing good stuff, too.” The young man drew an alligator billfold from the breast pocket of the velvet jacket, removed and unfolded a sheet of paper. “You liked the Kansas poem,” he said, “so why don’t you see what you think of this one?”

  Ehrengraf read the poem. It seemed to be about birds, and included the line “Puppets dance from bloody strings.” Ehrengraf wasn’t sure what the poem meant but he knew he liked the sound of that line.

  “It’s very good,” he said.

  “Yeah, I thought you’d like it. And I wrote it in the jug, just wrote the words down like they were flowing out of a faucet, and now all I can write is checks. It’s ironic, isn’t it?”

  “It certainly is,” said Ehrengraf.

  It was a little over two weeks later when Ehrengraf met yet again with William Telliford. Once again, the meeting took place in the jail cell where the two had first made one another’s acquaintance.

  “Mr. Ehrengraf,” the young man said. “Gee, I didn’t know if you would show up. I figured you’d wash your hands of me.”

  “Why should I do that, sir?”

  “Because they say I killed Robin. But I swear I didn’t do it!”

  “Of course you didn’t.”

  “I could have killed Jan, for all I knew. Because I was unconscious at the time, or in a blackout, or whatever it was. So I didn’t know what happened. But I was away from the apartment when Robin was killed, and I was awake. I hadn’t even been drinking much.”

  “We’ll simply prove where you were.”

  Telliford shook his head. “What we can’t prove is that Robin was alive when I left the apartment. I know she was, but how are we going to prove it?”

  “We’ll find a way,” Ehrengraf said soothingly. “We know you’re innocent, don’t we?”

  “Right.”

  “Then there is nothing to worry about. Someone else must have gone to your house, taking that fire axe along for the express purpose of framing you for murder. Someone jealous of your success, perhaps. Someone who begrudged you your happiness.”

  “But who?”

  “Leave that to me, sir. It’s my job.”

  “Your job,” Telliford said. “Well, this time you’ll get well paid for your job, Mr. Ehrengraf. And your system is perfect for my case, let me tell you.”

  “How do you mean?”

  “If I’m found innocent, I’ll inherit all the money Robin inherited from her father. She made me her beneficiary. So I’ll be able to pay you whatever you ask, eighty thousand dollars or even more.”

  “Eighty thousand will be satisfactory.”

  “And I’ll pay it with pleasure. But if I’m found guilty, well, I won’t get a dime.”

  “Because one cannot legally profit from a crime.”

  “Right. So if take the case on your usual terms—”

  “I work on no other terms,” Ehrengraf said. “And I would trust no one else with your case.” He took a deep breath and held it in his lungs for a moment before continuing. “Mr. Telliford,” he said, “your case is going to be a difficult one. You must appreciate that.”

  “I do.”

  “I shall of course do everything in my power on your behalf, acting always in your best interest. But you must recognize that the possibility exists that you will be convicted.”

  “And for a crime I didn’t commit.”

  “Such miscarriages of justice do occasionally come to pass. It’s tragic, I agree, but don’t despair. Even if you’re convicted, the appeal process is an exhaustive one. We can appeal your case again and again. You may have to serve some time in prison, Mr. Telliford, but there’s always hope. And surely you know what Lovelace had to say on the subject.”

  “Lovelace?”

  “Richard Lovelace. Born 1618, died 1657. ‘To Althea, from Prison,’ Mr. Telliford.

  “Stone walls do not a prison make,

  Nor iron bars a cage;

  Minds innocent and quiet take

  That for an hermitage.

  If I have freedom in my love,

  And in my soul am free,

  Angels alone, that soar above,

  Enjoy such liberty.”

  Telliford shuddered.

  “‘Stone walls and iron bars,’” he said.

  “Have faith, sir.”

  “I’ll try.”

  “At least you have your poetry. Are you sufficiently supplied with paper and pencil? I’ll make sure your needs are seen to.”

  “Maybe it would help me to write some poetry. Maybe it would take my mind off things.”

  “Perhaps it would. And I’ll devote myself wholeheartedly to your defense, sir, whether I ever see a penny for my troubles or not.” He drew himself up to his full height. “After all,” he said, “it’s my obligation. ‘I could not love thee, dear, so much, Loved I not Honour more.’ That’s also Lovelace, Mr. Telliford. ‘To Lucasta, Going to the Wars.’ Good day, Mr. Telliford. You have nothing to worry about.”

  THE EHRENGRAF

  Alternative

  * * *

  “Things are seldom what they seem,

  Skim milk masquerades as cream.”

  —William Schwenk Gilbert

  “What’s most unfortunate,” Ehrengraf said, “is that there seems to be a witness.”

  Evelyn Throop nodded in fervent agreement. “Mrs. Keppner,” she said.

  “Howard Bierstadt’s housekeeper.”

  “She was devoted to him. She’d been with him for years.”

  “And she claims she saw you shoot him three times in the chest.”

  “I know,” Evelyn Throop said. “I can’t imagine why she would say s
omething like that. It’s completely untrue.”

  A thin smile turned up the corners of Martin Ehrengraf’s mouth. Already he felt himself warming to his client, exhilarated by the prospect of acting in her defense. It was the little lawyer’s great good fortune always to find himself representing innocent clients, but few of those clients were as single-minded as Miss Throop in proclaiming their innocence.

  The woman sat on the edge of her iron cot with her shapely legs crossed at the ankle. She seemed so utterly in possession of herself that she might have been almost anywhere but in a jail cell, charged with the murder of her lover. Her age, according to the papers, was forty-six. Ehrengraf would have guessed her to be perhaps a dozen years younger. She was not rich—Ehrengraf, like most lawyers, did have a special fondness for wealthy clients—but she had excellent breeding. It was evident not only in her exquisite facial bones but in her positively ducal self-assurance.

  “I’m sure we’ll uncover the explanation of Mrs. Keppner’s calumny,” he said gently. “For now, why don’t we go over what actually happened.”

  “Certainly. I was at my home that evening when Howard called. He was in a mood and wanted to see me. I drove over to his house. He made drinks for both of us and paced around a great deal. He was extremely agitated.”

  “Over what?”

  “Leona wanted him to marry her. Leona Weybright.”

  “The cookbook writer?”

  “Yes. Howard was not the sort of man to get married, or even to limit himself to a single relationship. He believed in a double standard and was quite open about it. He expected his women to be faithful while reserving the option of infidelity to himself. If one was going to be involved with Howard Bierstadt, one had to accept this.”

  “As you accepted it.”

  “I accepted it,” Evelyn Throop agreed. “Leona evidently pretended to accept it but could not, and Howard didn’t know what to do about her. He wanted to break up with her but was afraid of the possible consequences. He thought she might turn suicidal and he didn’t want her death on his conscience.”

 

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