The Case of the Singing Skirt by Erle Stanley Gardner Read Free Book Online
Authors: Erle Stanley Gardner
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
"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
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