17
FICTION
FEATURE
MYSTERY THRILLER
BY
Erle Stanley Gardner
D
ELLA STREET held open the door to the inner office, and spoke in the tone which a
woman instinctive ly uses in speaking to child or a very sick man.
"Go right in, Mr right," she said.
Mason will see you."
Cart
£
"In the house next door." "You mean,"
asked Perry
THE CHINA DAIL TUESDAI, JANUARI
AUD1.
FOR THE NEW YEAR BRAATHENŁ
THE CASE OF THE HOWLING DOG
"Of course I understand it, that's what I want you to do."
Perry Mason picked up the three one-hundred-dollar bills, folded them, put them in his pocket.
her well," he paid, "I'll
it for you. "What kind
a
lion where no one can ever re-
of a dog in 3t7"
"A big police dog." Perry Mason looked up at Cartright
with
reassuring smile,
"Legally," he said, "it's always a good defence to a suit for mali- cious prosecution if a person consults an attorney in good faith and puts all of the facts before him and then acts on the advice of that attorney, Now I'm going to put you in a posi- Mason, "that the house where cover in a suit,
for malicious Mrs Clinton Foley lives is on prosecution, I'm going to take one side of you, and the house you to a deputy in the district that has the howling dog is on attorney's omce, one who has
charge of such matters. I'm go the other side!"
that with "No," said Cortright, "I mean ing to let you talk that the howling dog is in deputy and tell him the whole story about the dog I mean. Clinton Foley's house,"
Mason remarked. You don't need to tell him any ser,"
you tell me all about thing about the will. If he de- eldes that a warrant should be out the lasued, that's all there is to it. Cartright pinched
of the cigarette, get to Then you'll have a perfect de his feet, walked rapidly to the fence to any suit Foley might Mason walked into the outer
વર
"Mr "SP"
it,
A broad-shouldered, rather heavy-set man, of about thirty- end
two, with haunted brown eyes, walked into the office, and stared at the sober countenance of Perry Mason.
"My secretory," said Perry Mason, in a calm tone of voice, "told me that you wanted to are me about a dog and about
Will The
a
and
man nodded. Q wilt."
"A dor he repeated Perry Mason,
ically,
Fald "let's talk about the will Arst. I don't know much about dogs."
Perry Masan took a pud yellow foolscap from a drawer in his desk, picked up a desk pen, and wald:
What's your name?"
"Arthur Cartright." "Acc?"
"Thirty-two,”
"Residence?"
"4893 Milas Drive."
"Do
"Murried or single?"
that?"
polsed above while he raised
window,
stared out with un- seeing eyes, then turned
ced back toward the lawyer.
and
"Look here," he said, "there's, one more question about the will."
"You?" asked Mason. "Suppose Mrs Clinton Foley really shouldn't be Mrs Clinton Foley?"
"How do you mean?" Mason Inquired.
"Suppose that she's living with Clinton Foley. ስይ
his but isn't marr.ed to
In
files
enses. Don't introduce him as n doctor, but introduce him as an asalstant of some sort, and let him hear the 'conversation and perhaps ask a question or two. Then, If this man needs medlent
got to stop it! That dog has got to be stopped."
Perry Mason spoke slowly, with almost judicial diguity.
notification and send it out by one of the officers. Let the officer make a service upon Mr Foley, personally, or upon any "My client," he said, "wants one else who may be in charge to be fair. You can use your of the house, in the event Foley judgment as to methods, Dorens, is not at home. This will have nuisance be abated, but I am going to insist that the the effect of showing Foley that that the It is not merely a complaint in- howling of the dog cease, You stigated by Cartright, and bav-
that can see for yourself
my ing no legal status." client is in a nervous condition."
Cartright suddenly nodded, "Very well," he said, "I will be willing to follow that proce- dure. I want you to send the notification out right away, how- ever. I'm going back home. You represent my interests, Mr Mason."
treatment, let's see that he gets you'd have to sign a com- plaint and have a commitment issued in order to do that," Dor- cas painted out.
Mason said. "I know that," "I'm willing to sign'a complaint, myself, if the man needs medi- "I'm not nervous," snapped cal treatment. I want to know, Cartright, "Just a litle upset, that's all. If he's crazy I want that's all." to do what's best for him. If he
cycs flickered to in, I want to see that he gets those of Mason, and his head action right away. I'm trying to gave an almost perceptible nod. Cartright paused with represent his best interests, do Then the eyes swung back to hand on the door. you get me?"
Cartright.
"Thank you, gentlemen," ho **I
met you. "that the policy of the ofice Pardon me if I seem
think," said Dorcas slowly, said. "I am glad I would be not to prosecute until upset. I haven't been sleeping after we had given a warning. much." We'd write a letter to Mr Foley,
Then the door slammed, "Well," telling. Him that complaint had been made, ond calling his at- tention to the county ordinance which makes the maintenance of such a dog a putsance. We could
"Well," he said, the twinkle tell him that if the dog is ill, or usual something, he should be confin- abruptly fading from his eyes, to make a He half ed in a hospital or kennel und "I wouldn't want
evi- diagnosis on the limited short, after the attack has ceased."
dence available at the present time, but I should say it was a casc
manic depressive psychosis."
"I got you." Dorcas remarked. "Be there in fifteen minutes," said Mason, and hung up.
Pete
from
a
his
a
Dorcas uncolled
behind lean length battered desk, stared at Arthur Cartright with steely eyes, and acknowledged Perry Mason'a in- Iroduction with the formula of pleasure. turned and indicated paunchy individual, whose face held what seemed, at first glance, to be merely bubbling Della Street, his secretary, nature. twenty-seven, swiftly copable, "Meet Mr Cooper," he sak, looked up at him and smiled "my assistant." with the intimacy which comes from thorough understanding.
"Cuckoo?" she said.
office.
"I don't know," Perry Mason said, "I'm going to find out. Get me Pete Dorcas on the telephone, I'm going to put the whole dent up to him."
The girl nodded. Her fingers whirred the dial of a telephone into swift action.
Perry Mason scooped
Hello,
good
Perry Mason glanced at Cart- right, who started to say some thing, but was interrupted by Dorcas.
The dog has been there for some time, Mr Cartright?”
"Yes." "And he
The paunchy Individual smil- ed his pleasure, came forward fores.
and shook hands with Cartright. "Well," said Mason, "I guess we're
nil ready to go; 15 that right?"
"All ready," said Dorcas, sit- ting down back of h's desk.
J
He was tall, lean, high-cheek ed, and bald-headed, and there was a mental alertness about him which made his audience restless.
"It's about
Gald dog" Mason. "Clinton Foley, resid- the ing at 4889-Milpas Drive, his house adjoining that of Mr Mason. Cartright here, has a police dog.
I'm that howls."
"Well," said Dorcas, grinning,
up
in
a
hasn't howled be-
did it start?"
nt before lust."
take it," said Dorcas, "that you're not on good terms with Foley. That 16, you wouldn't run across and tell him to please make the animal stop howling?"
"No, I wouldn't do that." "Wel, suppose I write him a letter?"
"You don't know Foley," said
Cartright bitterly. "He'd tear the letter up and malte the dog howl all the worse. Ile'd laugh with fiendish glee think that
letter and show it to his wife, and
ceased speaking Cartright abruptly.
"Don't stop," said Dorens, "Go on. What else would he do?”
"Nothing." said Cartright in a surly tone of voice.
That
wouldn't make any difference, Mason said slowly telephone from a desk
described her in the you
corner of the room. will as 'Mrs Clinton Foley, the woman
who is at present live This is Ferry Mason.
Pele,"
said ing with Clinton Foley at 4889 bringing a man down to see you, Milpas Drive, as his wife and I want to explain it to you "if a dog is entitled to one bite. he'd got my goat. He'd take the other words, the testator
has in advance.
He wants a com- he should be entitled to one We need to Ho into right to leave property
plaint. On a howling dog.
I how!!" whom he wishes. Words
of think there's a county ordinance "This mah has got to be ar- description In wili are valu- against keeping a
a Perry Mason
held the
dog that rested," said Cartright. pen able
"Tho only so far as they
explain foolscap the intention of the testator. the
howls in any congested area, howling has got to be stopped. his eyes to "Well, then," said Cartright, city or not."
whether it's incorporated as You hear? It's got to be stopped!" regard Cartright with steady his
eyes suddenly
,cunning. There is some such ordinance; "Suppose that there should
uld be nobody pays any attention to it. "Wife's a real Mrs Clinton Foley. What That is, I've never had anything
"I think," said Mason, "that I mean is, suppose Cinton to do under it."" "Paula Cartright, age twenty- Foley had been legally married
we will be content if you write "All right," Mason said, "this
the latter, Mr Dorcas, with the and had never divorced, and I
been legally is different. My client is either
understanding that if the should leave going crazy, or has gone crazy."
doosn't quit howling a warrant to Mrs Clinton the property
"I take It." Dorcas said, "you're
why?" asked Cooper, will be issued. Now, a letter sent Foley?"
"Bewe te knows it as my in the ordinary wine te sull going to bring him down here?"
"Yes, I'm going to bring him goat. Because he knows it gets wouldn't be delivered until some down there, and I want you to his wife's goat.
It meanÐ ¤ time tomorrow, even you got have a doctor present; one of the death in the neighbourhood, and it out this afternoon, I am sug- allenists who site on insanity his wife is alek. I tell you he's gesting that you make a formal
appraisal.
nam
seven,'
ho
cald.
"Residing with you?" asked Mason.
"No,"
"Where does she reside?". KI don't know." sald the
man.
"How did you want to leave your property?"
"Before we go into that," said Cartright, speaking rapid- by, "I want to know if a will is
valld
dies.'
Perry
no matter
how a man
Perry Mason's tone of voice wus that of Onc soothing groundless fears.
the
"I have explained
to you,"
he said, "that the intention of testator governs. If you leave your property to the wo- Mason nodded his man who is now residing at
that address,
as the wife Clinton Foley, it is all that
Clinton Foley
head, wordlessly.
"Suppose," said Cartright,
of
is
in
"a man dies on the gallows or necessary. But do I under-
in the electric chair?
thai You stand
know, suppose he's executed
course he's living. He's
for murder; then what happens living next door to me."
to his will?"
"It makes
no difference how
2 mon dies, his will is not af- fected," Mason said.
"How many
witnesses do I
"What makes him how]?" asked Cooper.
"Foley makes him howl," said Cartright positively.
Trial By Different
see," Mason said cou-
feeling tiously,
his way, and making his voice sound casual. "And Mr Clinton Foley knows
sist of five jurymen, that you intend to leave your
two wife?" property to his
"Certainly not," flared Cart-judges, of whom one said, "and none under others." right. "He doesn't know any as a President, and a clerk.
He doesn't
need to a will?"
"Twe witnesses
tain
circumstances,"
under cer- Mason
thing of the sort.
have to, does be?"
THE Italian Assizes con-
acts
professional By
FRED
The jurymen are selected "No," Mason sold, "I was
are that's all. How rather as
a British
Just wonders
is about the
"We've got about that dog."
"How do you mean?" "I mean
that if a will drawn up in typewriting, and you sign it, there must be two witnesses to your signature, but in this State, It i DI will is writ- ten entirely In your hand-
date
and
"To Mra Clinton Foley, v- ing at 4800 Miipas Drive"
Perry Mason raised his eye- brows.
"A neighboury ho sake.
neighbour,”...... said Cart
dog
Hittle
sold Peto Dorcas, turning to Dr Cooper.
Dr Cooper placed the tips of his fingers together over his paunchy stomach.
of
Perry Mason grinned. "Sounds formidable, Doctor," he said, "but doesn't that mean merely a nervous breakdown2"
There is no such thing," sald Cooper, "as a nervous break- down. It is a popular expres- sion, applied to various forms of functional
degenerative psychoses."
Dr
or
"Well," said Macon, "let's get at it another way. A man who is suffering from a manle de- pressive psychosis m't insane, is he?"
"He isn't normal."
"I know, but he isn't insane." "Well, it's question of what you mean by insane. It isn't, of course, the degree of legal in-
that's what you mean." sanity which would excuse one from committing a crime, it "That isn't what I mean," said оп down to Mason, earths,
let's
quit Sputting hairs. You're not on the witness stand; you're just telling us. It's purely a func- tional discase, Isn't it?"
That's "And
"
right."
curable?" "Oh, yes, completely curable." "All right," said Mason irrit aby "let's get rid of that how- ing dog then."
Dorcas pushed a button with his forefinger.
"Very well," he said, "I'll die.
tate a letter to Foley and sign it."
Jury In
(MORE TOMORROW)
Italy
dramacommunauten the legal jargon, may run uo to of penal servitude, four addi-
special jury. A list of male MANOR
to do something citizens of certain qualifica- court "What do 3 want to do?"tions is sent to the
by the commune, and out of this list
you
want Folty arrested."
"On what grounds?"
The
the
last
court from a murder case,
ten men are
all statements.
A
are
30 words.
No rules of evidence exist such as in a British court, and hearsay is freely admitted.
of
tional months of imprisonment
running (no concurrent sentences in Italy), and a fine of £2, 5s. 4. "
Considering the main heavy The vital stage of the trial sentence of ten days or the 4d. begins only after the evidence may seem surperfluous, but this has been completed. In an sum total represents the simple Italian criminal case dialectica mathematical addition of the are far mrc important than
punishments provided in the material facts, and the verdict paragraphs which the prosecu- and sentence will depend more on demands flat the court
om the interpretation of the should apply. complicated Italian penal code than on what witnesses saw.
fed every human misbehaviour
there is very can do about
and
Clover Enough
Italian penal code has classi-
The defence will, of cOUTSE, possible phase of tear to shreds, the prosecution's cutulogued it in some 700 main legal theals, and offer a variety articles. It will be the juggling of alternative numbers to apply.
numbers
which which may allow either for an with these will influênce the outcome of acquittal or for a considerably
reduced sentence. the trial.
Serious Concern
writing, including
"On the grounds that he's drawn by a ballot. Five of gether, catalogued, and indexed, bound to algnature, and there
no driving me crazy. A man can't other writing or priating on Iceep a dog like that. It's part these will serve on all trials and distributed to the court, to the sheet of paper, save your of a deliberate plan of perseca of the respective session the defence counsel, and to the own handwriting, it doen
not tion. He knows how I feel about of the assizes, while the re-ocial who will represent the need to have any witnesses to a howling dog.
public prosecution. He's got that the signature. Such a wil la dog, and he's taught it to howl maining five are reserve valid and binding."
At this time dog didn't use to howl he's jurymen..
Uittle the defence Arthur Cartright sighed, and just started howling his sigh seemed to be one of night or two. He's doing it to An Italian trial lacks the evidence. rellef.
irritate me and to irritate his dramatic quality of a "To whom did you want your wife. His wife is sick in bed,
When a witness appears ́be-
In view of the preparation of properly, to go?" asked Perry and the dog howls. It means British trial mainly because fore the count the President,
the trial an acquittal Is i Mason.
death in the neighbourhood." every element of surprise who directs the trial and inter-
frequent; and oven then it £# has been carefully removed. rogates all witnesses, calls aloud The jury, which retires with not simple. A defondant may the number of pages containing the court "and agrees with the be acquitted for Jack of Mason pursed his lips.
As in Britain, a criminal case all earlier statements of the court on the verdict and the evidence," which proclaims to
Ho then pertence, "I think," he said slowly, will begin at the police station, particular witness.
will have to decide the world that he committed the
tho "that I'm not going to be able where the police take the first asks the wiinass whether he not whether
arcused is offence but was clever enough "A
to handle the matter for you. statements. Their value is the confirms these statements. guilty or not guilty, but whether to outwit the justice. right, in the tone of voice of Carlright. I'm exceptionally same as that of police statements one who wishes to discourage busy right now. Just got out of in a British court.
wise witness will un- the act he committed should bo
interpreted according to number Or it may be because "the fact comment.
doubtedly do so. If a lawyer so-and-so of the penal code, as conimitted is not an offence," Perry Mason put the pen and..."
trice to shake him and he con- demanded by the prolocution, which still leaves the accused tradlets himself the President or according to come other with the "fact" In his lap; or may threaten him with perjury number quoted by the defence. it may be a full dequittal, stat- Ing that "the recused has not and contempt of court, and, as often happens, have him No procedents are quoted, committed the fact."
but the penal códo has been arrested on the spot.
terpreted by
number * If the defence so desires the Italian authors, witness will repeat the summary respecting lawyer, when ed out a well-alled wallet, open- The dog howls," said Cart- ed it, and jerked out three bills police,
or whenever right.
ample. quotations from auch ng with trembling hand.
element crops up, the witness or magistrate. Mason's nod
works.
Each sentence Perry
is registered "There's three hundred dol- the accused may again be called
on a penai As he peaks the President sympathetic...
are," he sld. That's for re- and interrogated.
corticate will interrupt him after cach It la of serious concern to the ovary Italian noods for even "He howls mostly at night." niner. There'll be more when Cartright sa'd, "but sometimes you got inished lots more."
are pentence, out the ventence into secured which paragraph will such simple transactions during the day. It's driving Perry Mason didn't touch the carried out in private, wi with third peron. and into stylistic be applied in his case, because labour registration, renewal
I can't sland that money for a moment. me crazy.
out the presence of the defence Italian, and dictato it to the cach paragraph provides also of an identity card. continual .howing. You know,
arochork, who prefully writes it the punishment to be inflicted. The wincORGES · "Cartright," he said slowly, "it counsel.
My secretary ¡a certifiento A dog howlk when, there's A not as your lawyer in this often asked to make their state out in longhani.
At the end of his address the stating nut 20 years ago she death due to occur in the thing, I am going to do what I mente un ÓRIO,
. A simple statement such na publié prosecuripe will ask for was fined is, for rhang a Skyela think is for your own good and when the case- looks watts. "I was not afrald when a definite punishment, say 18 on footpath: This offence will "Where** 18 the "dogt" naked for your best fatores, do you tice, and the may take months, converted by the President Ints years four months and 10 days follow her to the mave, teet
back in its receptacle, and the "I know, I know," said Cart- fingers of his right hand made right, "you think I'm crazy. ttle drumming, noises on the Probably you think there fan't top of the desk.
going to be enough money in it to pay you for your time, but I'm going to pay you. I'm going to pay you well."
Well, then," he said, "let's hear about the des
neighbourhood.”)
· Meron,
New Element
The Ale is then ocat to the examining magistrate or to the public prosecutor. The nocured is again internorated and states ments are taken from witnesses. It auch statements should diifer
of
It is not, therefore, unusual
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