“This was done.”
“You can prove all of this?” Judge Ballinger asked.
“Certainly, I can prove it. I have letters written by Horace Shelby to my wife and me, letters in which he tells the whole story.”
“How did Daphne get her passport?” Judge Ballinger asked.
“On the affidavit of Horace Shelby,” Borden Finchley said. “The courthouse at the county seat of the eastern state where the brother and sister had resided had burned, and the birth certificates in the courthouse were consumed in the fire.
“I may state that Horace, while he never remarried after his wife died, had always been very susceptible to feminine charms — that is, to wheedling and importunities. We have no reason to believe that there were any relations between Shelby and Marie Raymond other than that she persuaded him to give her daughter a name and that the daughter used the opportunity to insinuate herself into the affections of Horace Shelby. There is no question but that he regards her with deep affection and there is no question in my mind but that this young woman, being fully aware of the situation, deliberately took advantage of it.”
“Where is Marie Raymond now?” Judge Ballinger asked.
“She died a little over two years ago. It was at that time my wife and I decided to look into the situation because we felt that Horace was being imposed upon.”
“So you came out here with the deliberate intent of looking into the situation?” Judge Ballinger asked.
“Yes,” Borden Finchley said. “Horace is an old man. We didn’t intend to have him imposed upon.”
“And you wanted to protect your interests?” Mason asked.
Before Finchley could answer the question, Darwin Melrose got to his feet.
“If the Court please,” he said, “we have been patient in this matter because we felt that, if possible, we would like to keep from bringing out matters which relate to the illegitimacy of this young woman but in view of the circumstances which have now been disclosed, we respectfully submit that there is nothing before the Court that Daphne Raymond, sometimes known as Daphne Shelby, is a complete stranger to the controversy that Perry Mason, as her attorney, has no status before the Court and is, therefore, not entitled to question the Court’s decision or ask questions of the witnesses.”
“Well, now just a minute,” Judge Ballinger said. “This is certainly a peculiar situation. I’m not going to rule on the objection for the moment, but I am going to ask this witness some questions myself. Regardless of whether anyone except a close relative is in a position to question the decisions of the Court in a matter of this sort, the Court certainly has the right to be fully advised in the premises.”
“We have no objection whatever to a most searching examination by the Court,” Melrose said, “but we are simply trying to forestall a long hearing in which a total stranger insinuates herself into litigation where she has no interest and no right.”
Judge Ballinger nodded, said to Borden Finchley, “You realized, of course, that your brother had, as you express it, been victimized by this young woman?”
“We thought it was a distinct possibility. We decided to look into it.”
“By we, you mean Ralph Exeter and your wife?”
“My wife and I. Ralph Exeter knew nothing about it until after we arrived here.”
“And you realized, of course, that this young woman had, in your opinion, so insinuated herself into the affections of your half brother that it was quite possible he would make a will leaving her his entire estate?”
Finchley hesitated, shifted his eyes. “We hadn’t really considered that point,” he said.
“It had never entered your mind?” Judge Ballinger asked.
“No.”
“But you did realize that if you could have a conservator appointed, if you could make it appear to a Court that the subject of the Court’s order was incapable of carrying on his own business and was in danger of being influenced by shrewd and designing persons, you could prevent his making a will which would stand up in court?”
“Why, no! That didn’t enter our minds.”
Perry Mason said to Daphne, “Give me that letter.”
She handed him the letter which she had received from Horace Shelby.
Mason said, “I am not entirely certain of my status in the case, Your Honor, and I don’t want to interrupt the Court’s examination. However, in view of the fact that the witness has stated that he saw this letter which Daphne received in Honolulu, I think it is advisable for the Court to read the letter.”
Mason took the letter up to Judge Ballinger.
Judge Ballinger read the letter carefully, then turned to Borden Finchley.
“You say that it hadn’t occurred to you that your half brother might make a will disinheriting you?”
Finchley hesitated, then said, “Well... no.”
“That’s right,” Judge Ballinger said, “you answered that with a flat ‘no’ without hesitation a short time ago. You have hesitated now but your answer is still ‘no’?”
“That’s right.”
“You don’t want to change that answer?”
“No.”
“Yet in this letter which I have in my hand,” Judge Ballinger said, “the letter which apparently was sent to Daphne and which letter you have stated you read, the writer specifically states that he wants Perry Mason to draw up a will leaving his entire estate to Daphne.
“Now then, Mr. Witness, in view of the fact that you have testified that you saw that letter, do you still insist that the thought never entered your mind that he might make a will disinheriting you?”
“Well, of course, after I saw that letter I realized there was that possibility,” Finchley said.
“And it was after you saw that letter that you took steps to have yourself appointed as conservator?”
“Well, I had been thinking about it for a long time and—”
“Just answer the question ‘yes’ or ‘no’,” Judge Ballinger said. “It was after you saw that letter that you decided to and did start proceedings to have yourself appointed conservator of Horace Shelby’s estate?”
“Yes.”
Judge Ballinger frowned, said, “Where is Horace Shelby at the present time?”
“He is in a private sanitarium,” Finchley said. “It became necessary to take him there. He is quite disoriented and rather violent and we were simply not in a position to care for him. We felt that he needed professional care.”
Finchley pointed to his wife. “My wife is a trained nurse — that is, she was a trained nurse. She has seen many of these cases and she unhesitatingly states that Horace Shelby is suffering from senile dementia.”
“That’s right,” a woman’s deep voice boomed, as Elinor Finchley arose. “I’m in a position to verify everything my husband has said.”
Judge Ballinger said. “You’re not a witness as yet, Mrs. Finchley. You haven’t been sworn. I would like to ask you, however, if you saw this letter Horace Shelby had written Daphne?”
“Yes, I saw it.”
“Who showed it to you?”
“My husband.”
“Before it was put in the envelope?”
“I didn’t see it put in the envelope.”
“The letter was signed?”
“Yes.”
“Folded?”
“I can’t remember.”
“Your best recollection?”
“I have no recollection.”
“What did you do with the letter after reading it?”
“Borden put it back in the env—” She bit the word off.
“In the envelope?” Judge Ballinger asked.
“Yes.”
“You had then steamed open the envelope?”
“Yes.”