The Case of the Singing Skirt pm-63

by Erle Stanley Gardner

  Della Street nodded, walked out to the outer office and a moment later came back with Ellen Robb.

  Ellen Robb was wearing a skirt which was tight around the hips, with a band of pleats around the bottom which flared out as she swung around, displaying her knees. Her silk blouse revealed shapely curves. She wore a heavy pin at the closing of the low V-cut neckline.

  "Oh, Mr. Mason," she said impulsively, "I feel like a heel coming in and taking up your time this way, but I desperately need your advice."

  "About a settlement with George?" Mason asked.

  She made a little gesture with her shoulders. "George is a lamb," she said. "He was as nice as I've ever seen him. He thanked me, Mr. Mason. He positively thanked me."

  "For what?" Mason asked, indicating a chair.

  Ellen Robb sat down and almost immediately crossed her knees. "Thanked me," she said, "for showing him what a heel he was. He told me that he was too accustomed to having his own way, that he was ruthless with other people and that it was a trait he was trying to overcome. He begged me not to leave him but to stay on, and he raised my wages twenty-five dollars."

  "A week?" Mason asked.

  "A week," she said.

  "And you agreed to stay?"

  "For the time being."

  "So you're all straightened up with George?"

  She nodded.

  "Then what did you want to see me about?"

  "The Ellis situation."

  "What about it?"

  "I'm afraid you started something with Mrs. Ellis."

  "That was the general objective I had in mind," Mason said.

  "Well, it goes a lot deeper than just a legal point, Mr. Mason. There's friction between Mr. Ellis and his wife. He thinks it would make him look like a piker for her to try and get back the money that he lost."

  Mason said somewhat impatiently, "I tried to help you, Miss Robb, because I felt you had been wronged, but I can't adopt the troubles of the whole neighborhood."

  Ellen Robb inched forward in the chair until she was sitting on the edge. She leaned forward to put her hands on the arm of Mason's chair. "Please, Mr. Mason," she said, "I didn't mean it that way."

  Della Street coughed.

  Mason looked at Ellen Robb, then glanced at Della Street. "Go ahead, Miss Robb," he said.

  She said, "I'm so anxious that you understand, Mr. Mason, that I m just coming to you because.. well, because you do understand."

  She sighed and straightened up once more in the chair, glanced down at her knees, pulled the hem of the dress lightly with her thumb and forefinger and said, "Helly has gone overboard."

  "Helly?" Mason asked.

  "Helman Ellis, the husband."

  "Oh, yes. And what's he done?"

  She said, "Look, Mr. Mason, I'm under no illusions about myself. I'm on display. I'm sucker bait. I have a good figure and I know it, and I'm supposed to let other people know it. That's part of the job."

  "And Helly, as you call him, has noticed it?" Mason asked.

  "I'll say he's noticed it! He noticed it right from the start. Last night he-Mr. Mason, he asked me last night if I'd run away with him. He wanted to throw up the whole business and start all over again."

  "What did you tell him?"

  "I told him no."

  "Well?" Mason asked, somewhat impatiently.

  "All right," she said, "I'll get to the point. Nadine Ellis went to an attorney, a Mr. Gowrie. Do you know him?"

  " Darwin Gowrie?" Mason asked.

  "Darwin C. Gowrie," she said.

  "I've heard of him," Mason said. "Quite a divorce lawyer, I believe."

  "That's right. Mr. Gowrie called early this morning. He wanted to talk with me. He said he was Nadine's attorney-I thought, of course, it was about the legal point you had raised about the gambling, but I couldn't imagine why he wanted to talk with me. I thought he would want to talk with George."

  "But you saw him?"

  "I saw him," she said, "and it seems what he really wanted was to question me about Helly."

  "Getting evidence for a divorce?"

  "I don't know. He asked me all about my relationship with Helly, how long I'd known him, how many times he had been at the club, whether he noticed me and… well, whether he'd ever made passes at me."

  "Had he?" Mason asked.

  "Of course," she said.

  "And you told this to Gowrie?"

  "No."

  "You lied?"

  "I lied."

  "Convincingly?" Mason asked.

  "I hope so," she said. "Isn't a woman supposed to… well, isn't there supposed to be sort of a code of ethics about-?"

  "Professional confidences?" Mason asked.

  "Something like that."

  "I wouldn't know," Mason said. "Why do you come to me?"

  "Because I want your advice."

  "On what point?"

  "I want to go to Mrs. Ellis and tell her."

  "Tell her what?"

  "Tell her she is wrong about Helman and me and shouldn't make a fool of herself. She has a very fine husband. She'd better hang on to him. I've seen too many instances of women divorcing a man over some little thing and then regretting their action."

  "Making passes is a little thing?" Mason asked.

  "Of course. They all do-that is, nearly all-and I wouldn't give a snap of my finger for those who don't. Most of them don't really mean a thing by it. It's just the normal biological reaction of the male animal."

  "You intend to explain that to Mrs. Ellis?"

  "Not that so much as… well… the facts of marriage."

  "What," Mason asked, "are the facts of marriage?"

  "A man asks a woman to marry him because he enjoys her companionship. As long as he enjoys her companionship he's going to stay home with her. When he begins to wander around, it's because something has happened to take the keen edge off that enjoyment."

  "Doesn't that happen with time?" Mason asked.

  "It can," she said. "But the point is that when it does, the natural thing for the woman to do is to start reproaching the man, throwing it up to him that he's neglecting her, that he's getting tired of her now that she's given him the best years of her life, and all of that."

  "You seem to know a lot about it," Mason said.

  "I've been through it," she said.

  "And played your cards wrong?" Mason asked.

  "Just as wrong as I could have played them," she said. "I lost a mighty good man. If I'd only had sense enough to make it a pleasure for him to come home, he'd have stayed home. Instead of that, I made the home a hell on earth for him and pushed him right into the arms of a cheap little tramp who took him to the cleaners."

  "But then he came back?" Mason asked.

  She shook her head.

  "Why not?"

  "Let's not go into that," she said.

  "All right," Mason told her. "What do you want to know?''

  "Whether you think, under the circumstances, I should go to Mrs. Ellis and tell her exactly… well, put my cards on the table. I don't want her husband. I wouldn't have him on a bet. He's… well, he just doesn't appeal to me, that's all."

  "But you appeal to him?"

  "Apparently," she said. And then added, "And to about ninety per cent of the other customers. Otherwise I wouldn't have lasted for the five months I've been there.

  "I'm sorry for Helly. I've given him some sisterly advice. I'd like to talk to her. I-"

  The phone rang.

  Della Street answered it, then cupped her hand over the mouthpiece and said, "It's for you personally, Mr. Mason."

  Mason raised his eyebrows.

  "Want to take it in the law library?"

  "I'll take it here," Mason said. "Who is it?"

  "An attorney," Della Street said.

  Mason, suddenly warned by something in her manner, hesitated. "It is…?"

  She nodded.

  Mason said, "Oh, well, I may as well take it here anyway. Let's find out what it is he wants.
"

  Mason picked up his own phone, and Della Street threw a switch which connected both phones.

  "Hello," Mason said.

  "Perry Mason?" a man's voice asked.

  "That's right."

  "I'm Darwin C. Gowrie, Mr. Mason."

  "Oh, yes, Mr. Gowrie."

  "I'm calling you on behalf of Mrs. Helman Ellis-that is, it's in relation to a matter you discussed with Mrs. Ellis yesterday."

  "What can I do for you?" Mason asked.

  "That's a most interesting case you gave Mrs. Ellis yesterday," Gowrie said. "I feel rather guilty going before a women's club and stealing your thunder. Wouldn't you like to appear with me and take the credit for having ferreted out this decision?"

  "Not me," Mason said. "If that's all that's worrying you, you have a complete clearance and a free hand. Go ahead and tell them about it. You don't need to mention my name."

  "I've looked up the case," Gowrie said. "It's certainly a very interesting and yet a very logical application of the law. But do you realize what it's going to mean if this case is publicized? It's going to put the gamblers out of business. They just can't afford to buck a situation like that."

  Mason said, "I spread it on a little thick for the benefit of George Anclitas. Actually, it's an appellate decision. The State Supreme Court or the United States Supreme Court may not go that far."

  "I understand," Gowrie said, "but right now that decision is on the law books in California. The gamblers are going to have quite a time over that. What do you suppose would be the effect if some married man went to Las Vegas and got in a really big game where he lost perhaps eighty or a hundred or a hundred and fifty thousand dollars of community property?"

  Mason said rather impatiently, "I don't know. You can cross that bridge when you come to it. As a matter of fact, Gowrie, I have a file of a lot of unusual decisions, feeling that the time may come when I can use them. But I don't go out of my way looking for an opportunity to use them.

  "Take, for instance, the case of a person shooting another person, inflicting a mortal wound, but before the wound actually proves fatal, while the victim is lying there mortally wounded, another person comes along and fires a second shot into the victim, and the victim dies as the result of that second shot-who's guilty of the murder?"

  Gowrie thought for a minute, then said, "Both of them."

  "That's wrong," Mason said. "There are quite a few well-reasoned decisions that hold to the contrary. There's a case in Arkansas -the case of Dempsey versus State, where one man stabbed a victim in the heart. Another man inflicted a fatal blow on the head. The last one was held to be guilty of the homicide."

  "What!" Gowrie exclaimed incredulously.

  "That's right," Mason said. "In fact, in California we have an early case holding somewhat the same thing."

  Gowrie became very much excited. "Look, Mason, I don't want to poach on your private preserves-but now that you've given me the clue, I could pick up the citations at the law library. Would you mind giving me the citations, if you have them?"

  Mason nodded to Della Street, said, "Just a minute, Gowrie."

  Della Street opened a small card file, ran through the cards, picked out a card, handed it to Mason.

  "Here are the citations," Mason said, "that I have on my card. Dempsey versus State, 83 Ark. 8i; 102 S. W. 704; People versus Ah Fat, 48 Cal. 6i; Duque versus State, 56 Tex. Cr. 214; 119 S. W. 687."

  "Well, I'll be damned," Gowrie said. "You mean if I should shoot you and just as you were dying somebody else fired a shot that was instantly fatal, I wouldn't be guilty of any crime?"

  "I didn't go so far as to say that," Mason said. "What I said was that you couldn't be convicted of murder- unless, of course, two people were acting together in accordance with a common plan, as the result of a conspiracy, or in the commission of a felony. In that event you would both be guilty of first-degree murder. But I think the law is quite plain that where a person has received a fatal injury but is not yet dead, and another entirely independent agency inflicts a wound which is immediately fatal, the second person is the one who is guilty of the homicide. However, I just mentioned that as an illustration. I have a whole drawer full of unusual decisions, and this gambling decision just happened to be one of them. You go ahead and use it any way you want to.

  "Now, while we're on the subject, Gowrie, your client, Nadine Ellis, feels that Ellen Robb has been breaking up her home and-"

  "Not at all, not at all," Gowrie interrupted. "I'm afraid Miss Robb had the wrong impression. I will admit that I was questioning her, trying to find out something about Helman Ellis and I'll also be perfectly frank to state that I don't know just what Mrs. Ellis is going to do about it. There's no question but that Ellis has been hanging around The Big Barn because he was interested in Ellen Robb. That's why they kept the girl there. They have her appear in clothes which show off her figure, and she has a figure that's worth showing off.

  "Helman Ellis became completely fascinated. I'm not blaming the girl. I don't think she was guilty of any wrongdoing at all, but naturally, as Mrs. Ellis' attorney, I would like to know a little of what was going on. You might tell your client, Mr. Mason, that I think she was a little less than frank with me. I don't blame her under the circumstances, but if she'd co-operate with Mrs. Ellis, I think she'd find Mrs. Ellis very broad-minded and very understanding."

  "Actually," Mason said, "my client was thinking of doing just that. She was thinking of going direct to Mrs. Ellis and having a heart-to-heart chat with her."

  "I think that would be a wonderful thing," Gowrie said.

  "No objections as Mrs. Ellis' attorney?"

  "None whatever."

  "All right," Mason said. "You go ahead and put on your talk to the women's club. I think I'll tell my client to go talk with Mrs. Ellis."

  Mason hung up the phone, turned to Ellen Robb. "Look, Miss Robb," he said, "why don't you just go see Mrs. Ellis and tell her something of what you've told me? Don't talk too much about her husband as an individual, but talk about the problem of marriage in general. I take it you've given the subject quite a bit of thought."

  "I have," she said. "I've given it thought during a lot of sleepless nights, and, believe me, that's when you really cover all the angles of a problem. Right now Mrs. Ellis may feel rather vindictive, but, believe me, it's a lot better to make sacrifices and save a marriage than to go rushing into something where you win a little alimony and then have years of loneliness to think things over."

  "All right," Mason said, "you go see Mrs. Ellis and I'll get to work."

  She seemed rather hurt at his brusque manner of dismissal. "I have money now, Mr. Mason. I want to pay you for your services."

  Mason hesitated a moment.

  "Fifty dollars," Della Street said.

  Ellen Robb opened her purse, took out two twenties and a ten.

  "Right this way," Della Street said. "If you'll step out to my office I'll give you a receipt."

  "I take it you can spare that money," Mason said. "You made some sort of a settlement?"

  "I received a present, Mr. Mason. It wasn't a settlement. It was for the purpose of paying my expenses in the matter and-"

  "Did you sign anything?" Mason asked.

  She shook her head. "George said my word is good enough for him."

  Mason nodded.

  "Right this way," Della Street interposed. "I'll get your receipt."

  When Della had returned to the office, Mason picked up the file of urgent correspondence. "Don't you think fifty dollars was a little steep?" he asked.

  "It should have been two hundred and fifty," Della Street said. "Do you realize you made a trip out of the office, killed half a day, and then she had the temerity to come back and see you? You mark my words, Chief, that girl is one who could become a pest. She's got her eye on you."

  "On me?" Mason asked.

  "On you! You don't react the way she's accustomed to having men react. You noticed the way she bent over wh
en she leaned over to put her hands on the arm of your chair?"

  "I noticed," Mason admitted.

  "You were supposed to," Della Street said. "That's why she did it. I'll tell you something else. She's a pretty good shorthand stenographer. While you were talking with Gowrie over the telephone, she was taking notes."

  "What!" Mason exclaimed incredulously.

  "That's right."

  "You're sure it was shorthand?" Mason asked. "It was shorthand," Della Street said. "I couldn't see the point of her pencil but I could see the way her shoulder moved, and I would say she was a very clever shorthand stenographer, and she was taking down your entire conversation with Gowrie."

  "Well, isn't that interesting," Mason said, his eyes narrowing. "And do you suppose that Mr. Gowrie called quite by accident, that the fact he made his call while Ellen Robb was in the office was pure coincidence?"

  "Not pure coincidence," Della Street said flatly.

  CHAPTER FIVE

  Perry Mason latchkeyed the door of his private office to find Paul Drake, head of the Drake Detective Agency, visiting with Della Street over a cup of coffee from the office percolator.

  "Hi, Perry," Drake said. "Della was telling me about your Rowena case."

  "Quite a case," Mason said.

  "Well, I'll be on my way and let you get to work. I just dropped in to make a report on that Finsley case. I gave it to Della. There's nothing you need to take any action on at the moment."

  "Don't run away, Paul," Mason said. "We haven't had a visit for quite a while. I don't have anything pressing this morning."

  "On the contrary," Della Street said firmly. "This is the morning you are going to dictate replies to the letters in that file of urgent mail. On your way, Paul."

  "I've been ordered out," Paul Drake said, grinning.

  He started for the door, paused midway and said to Perry Mason, "You're all cleaned up with that bunch down in Rowena?"

  "Uh-huh."

  "It's rather a mess down there," Drake said. "The joints actually control the town. It's a prosperous little community as far as outside money pouring in is concerned, but this fellow Anclitas you tangled with is quite a guy."

  "How come?"