The Case of the Troubled Trustee

"Where did that fight take place?"

"In my apartment."

"I mean where in your apartment?"

"It wound up in my bedroom."

"In your bedroom!"

"Yes."

"That's where you kept this gun?"

"Yes, sir."

"And the defendant was in there?"

"Yes, sir."

"What was the date of this fight?"

"The twenty-first of September."

"The night of the murder?"

"Yes, sir."

"So on the night of the murder the defendant made an excuse to go to the room where you kept this gun, created a diversion there, then ran out and when next you looked in the bedroom for this gun, it was gone. Is that right?"

"Well, it wasn't-"

"Yes or no, please."

"Well… yes."

"That's all!" Burger a

Mason said, "One question on redirect. Who started the fight?"

"Fred Hedley."

"Who ran into the bedroom where you kept the gun?"

"He did."

"Fred Hedley?"

"Yes."

"That's all," Mason said, smiling, "and our next witness will be the defendant, Kerry Dutton."

Mason turned to Dutton. "It's up to you," he whispered. "If you can put it across, you're out, and if you can't, you're convicted."

"I'll put it across," Dutton promised, and strode to the place in front of the witness stand where he held up his hand; was sworn; took the witness chair and turned to face Perry Mason.

Mason led the witness along skillfully, showing his name, his occupation, his acquaintance with the father of Desere Ellis, the death of the father, the provisions of the will by which Dutton became trustee of a so-called spendthrift trust.

"What was the value of the various securities which you received under this trust at the time you received them?"

"Approximately one hundred thousand dollars."

"And the term of the trust under the will was how long?"

"Until the beneficiary, Desere Ellis, became twentyseven years of age."

"And there was a provision in the will that the trust was created because her father believed she was at an impressionable age in life; that she was overly sympathetic, particularly to lost causes, and that he felt she needed to be protected from herself?"

"Yes, sir."

"And did you discuss with Miss Ellis the ma

"Yes, sir."

"The first conversation," Mason said, holding up the index finger of his left hand, "let's have the first conversation. What did you tell her?"

"I told her what the income from this money would be; that it wouldn't support her in the rather expensive style to which she had been accustomed; that she would undoubtedly be married prior to the termination of the trust, and that I proposed to give the money to her in such a way that she would have approximately equal monthly installments for four years. That this would enable her to have a good wardrobe, to travel, to keep herself in a position to meet the right sort of people."

"In other words," Mason said, "to exhibit herself favorably on the matrimonial market?"

Dutton frowned. "That wasn't what I said."

"How much have you given her on an average each year during the time the trust has been in effect?"

"Approximately twenty-four thousand dollars."

"What is the value of the money in the trust fund at the present time," Mason asked, "the market value of the securities and the cash on hand?"

"Approximately two hundred and fifty, thousand dollars," Dutton said.

Judge Alvarado leaned forward sharply. "What was that figure?" he asked.

"Approximately two hundred and fifty thousand dollars."

"How does that happen?" Judge Alvarado asked. "You had a trust fund of one hundred thousand dollars. You dispersed ninety-six thousand dollars?"

"Yes, Your Honor, but under the provisions of the trust, I was empowered to make investments, to buy and sell securities and to keep the trust in a healthy condition."

"And you made that much profit?"

"After taxes," Dutton said.

"Well," Judge Alvarado remarked, "you certainly showed remarkable ability."

"Did you," Mason asked, "tell the beneficiary the extent of the trust funds?"

"No."

"Why not?"

"Objected to as incompetent, irrelevant and immaterial," Hamilton Burger said.

"I think I will sustain that objection," Judge Alvarado said. "The answer is that he didn't tell the beneficiary. To your knowledge, did she have any idea of the nature and the extent of the trust fund?"

"No."

"Now then," Mason said, "the trust fund was created so that you could protect her from herself."

"Yes."

"Did you feel that if she knew the exact amount of the trust, that it would tend to defeat the purposes of the trust; that she would extravagantly espouse some lost cause and-"

"Your Honor, Your Honor," Hamilton Burger literally shouted, "this question is viciously leading and suggestive. I object to it. It is incompetent, irrelevant and immaterial."

"Sustained," Judge Alvarado snapped. "Counsel will refrain from this sort of question."

However, the jurors, exchanging astonished glances, showed that the point had registered and made a deep impression on them.

"Now then," Mason said, "did you know and do you know a Fred Hedley?"

"Yes."

"What was his relationship to Desere Ellis?"

"He was described by her on occasion as her fiance."

"Did you approve of him?"

"I did not."

"Why?"

"Objected to as incompetent, irrelevant and immaterial," Burger said.

Judge Alvarado hesitated. "I think," he said, "I am begi

"Answer the question," Mason said.

"I felt that he was a fortune hunter."

"And was it because of him that you refrained from telling Desere Ellis- Just a minute," Mason said, as he saw Hamilton Burger on his feet, "I'll reframe that question. Did that idea on your part have anything to do with your actions in co

"Objected to," Hamilton Burger said.

"Overruled," Judge Alvarado said.

"Yes, it did."

"In co

"I did."

"Those had been part of the original securities transmitted to you as trustees under the terms of the will?"

"Yes."

"What did you do with those securities?"

"I sold them."

"Did you ever discuss that sale with the beneficiary?"

"No."

"What had she told you about the Steer Ridge stock?"

"She was very much interested in it. She became somewhat excited because they had sent her a brochure telling about the valuable oil properties they had under lease. She knew that her father had been enthusiastic about the stock."

"And did she make any request to you in co

"She asked me to hang on to them."

"But you disregarded her request?"

"Yes."

"And then what?"

"Well, I sold the securities and… well, after a while I reinvested."

"In those same securities?"

"Yes, in a block of that same stock."

"Why?"

"I had a tip that- Well, I had reason to believe that there might be a proxy fight, and they might turn out to be a good investment if two different factions were going to fight for control of the company."

"How much did you buy?"

"Twenty thousand shares."

"In co

"I talked with him over the telephone, yes."