The Best American Mystery Stories Part 5

"Yup," the driver said. "I bet I could fire that sucker up and run right over your big dog in about twenny seconds, and peel right outta here and sc.r.a.pe him off the wheels onna first turn."

"Ellis house," the old man said.

"Ellis house," the driver said.

"Third white house on the left," the old man said. "There's a farm pond just before it. It's on the hill."

"Thanks," the driver said.

"I'm Gifford," the old man said. "Dog's Magician."

"I believe in magic," the driver said.

"Who're you?" the old man said.

"Duggan," the driver said. "Jack Duggan."

Mrs. Ellis was elderly and she wore an ap.r.o.n and she peered at Duggan through thick spectacles so that she resembled the Easter Bunny, but she was not stupid. She sat him down in the kitchen and put the black kettle on the black iron stove to boil, and she gave him a homemade blueberry m.u.f.fin. The tablecloth was a gingham pattern, but it was done on oilcloth. There was a vase of flowers in the middle of the table, but they were plastic flowers.

"I haven't seen him," she said. "I have not seen Frederick."

"Mrs. Ellis," Duggan said, "of course you haven't seen Frederick. Frederick is in the slammer down in Boston town. It is not an overtime parking ticket. Frederick is in the cooler because the police are under the impression that he went and killed a guy, and they think that they can prove it. If it is not too much trouble, while we are waiting for the blasted water to boil, I'd like a few facts here and there."

"I haven't seen him," she repeated.

"I have," Duggan said. "I didn't want to. I was appointed by the court to represent Frederick Ellis on a murder charge because he doesn't have enough money to get his own lawyer. Now I see that his mummy has a whole lot of prime land and a pond to go with it, not to mention some cattle.

"Jerseys," she said.

"Frederick," he said. "He can get his own T-shirts. Tell me all about Frederick, or I will go back into that court down in Boston and recite to that judge that Frederick Ellis may be a thing you might see floating in the gutter, but his family has some money. And then prepare to mortgage the cows."

"Jerseys," she said.

"Cows is cows," Duggan said.

Duggan in the First Session, Criminal, Suffolk Superior Court, waived the reading of the indictment. He stood next to Maurice Morse, a young black man, while the clerk, Don Sherman, informed Morse that he was charged with the forcible rape of Rose Walters.

"What say you?" Sherman said. "Are you guilty or not guilty?"

"Not guilty," Morse said.

"Counsel?"Judge Shanahan said.

"May I have thirty days to file special pleas, Your Honor?" Duggan said. "As you know, I have the Ellis case to prepare as well."

"Ten," Judge Shanahan said. Sherman wrote on the docket file.

'"Your Honor," Duggan said, "I haven't had a chance for a real conference with my client as yet. As the court is aware, I am presently on trial in a capital case. May I press my request for thirty days in which to file special pleas?"

"You are not presently on trial, Counselor," Shanahan said, "you are about to be presently on trial. Presently you will file any motions that you may have in Commonwealth versus Morse, presently meaning: within ten days. During that time you can press your requests or your pants, just as you choose. You'd look better if you chose your pants.

"The Commonwealth," Judge Shanahan said, "will furnish all statements of the defendant, all material which may be exculpatory in nature, all transcripts of wiretaps, a list of all laboratory tests or other scientific tests which the Commonwealth has conducted and intends to introduce at trial, a list of all witnesses whom the Commonwealth may call at trial, all photographs and other physical evidence, to be inspected at the convenience of defense counsel. So ordered."

"Your Honor," Edie said, getting up, "I scarcely know what the case is about myself. And I also have the Ellis case. I don't know whether there's any of the evidence that you describe. I haven't even seen the file. As the court is aware, I too am, currently on trial."

"Work nights," Shanahan said, "same as him. Bail?"

"May I be heard, Your Honor?" Edie said.

"Most likely," Shanahan said.

"This is one of several cases of rape in the same neighborhood," she said.

"Right," Shanahan said. "This is one case. This man is charged with one rape. Go ahead."

"The women in the neighborhood are extremely fearful for their safety," she said.

"Can't help that," Shanahan said. "This man hasn't been convicted of harming a single one of them."

"This is a serious charge," she said.

"Certainly is," Shanahan said. "I'd imagine the defendant would wholeheartedly agree with you on that point. The Const.i.tution of the United States is a serious doc.u.ment. It says the purpose of bail is to ensure that the defendant shall appear for trial. Doesn't say anything at all about making nervous ladies feel better, no matter where they live. What are you asking for bail?"

"One hundred thousand dollars, with surety," she said.

"Ten grand for the bondsman," Shanahan said. "Counselor Duggan, what have you got to say about this?"

"Your Honor," Duggan said, "the defendant has a steady job. He has roots in the community. He's never been charged with anything before. There's no reason whatsoever to believe that he will not show up as ordered by this court."

"Lemme see that file, Don," Shanahan said to Sherman. He put on pince-nez gla.s.ses and leafed through it. He looked up over the gla.s.ses. "Morse," he said, "Mr. Morse, are you really broke, like you told the clerk?"

"Yessah," Morse said.

"Never mind that plantation talk," Shanahan said. "You broke or not?"

"I can 't afford a lawyer, Your Honor, ' Morse said.

"Mr. Morse," Shanahan said, removing the gla.s.ses, "n.o.body can afford a lawyer. The question is whether you're broke. If you're not broke, Mr. Duggan doesn't have to represent you at huge expense to the taxpayers. If you are broke, he does. You broke or not?"

"I only make a small amount of money, Your Honor," Morse said. "I make two hundred and ten dollars a week, take-home. My rent's sixty a week. I pay maybe forty a week for food and stuff. I haven't got any money or anything."

"You own any real estate?" Shanahan said.

"No, sir," Morse said.

"You got a car?" Shanahan said.

"Yes, sir," Morse said.

"What is it?" Shanahan said.

"It's just a car," Morse said.

"One of those rectangular things with a wheel on each corner, right?" Shanahan said. This drew a laugh from the regular spectators. "Is there a brand name on it?"

"Yes, sir," Morse said.

"What does the brand name say?" Shanahan said.

"Pontiac," Morse said.

"Good," Shanahan said. "Now we are making progress. You own a Pontiac. What model is it?"

"It's a two-door," Morse said.

"That isn't what I asked you," Shanahan said. "Let me try again. What model is it? "

"It's a Firebird," Morse said.

"See?" Shanahan said. "We're making progress left and right here. Let me see if I can speed things up a little more. Is it by any chance a Firebird Trans Am?"

"Yes, sir," Morse said.

"Time pa.s.ses so quickly when you're having fun," Shanahan said. "What is the year of its manufacture? When was it made, in other words? "

"Last year, Your Honor," Morse said.

"Did you buy it new?" Shanahan said.

"Yes, Your Honor," Morse said.

"How much did you pay for it?" Shanahan said.

Morse sighed: "Eleven thousand, three hundred and change."

"Where did you get the money?" Shanahan said.

"From the bank," Morse said.

"Did you borrow it?" Shanahan said.

"No, sir," Morse said, "I took it out of my account, I saved up for that car."

"You don't owe anything on it, then," Shanahan said.

"No, sir," Morse said.

"How much is it worth, do you figure?" Shanahan said.

"I dunno," Morse said.

"Eight thousand?" Shanahan said.

"I doubt it," Morse said.

"How about seven thousand?" Shanahan said.

"Maybe," Morse said.

"And that's the only thing you own," Shanahan said.

"Well," Morse said, "I got my furniture and stuff."

"What does the stuff consist of?" Shanahan said.

"My bike and stuff," Morse said.

"Let's deal with the bike," Shanahan said. "We'll get to the stuff as need be. It is a ten-speed bike?"

"Ten-speed?" Morse said.

"Yeah," Shanahan said. "What kind of bike is it?"

"It's a Kawasaki," Morse said.

"Oh," Shanahan said, "when you say bike, you mean it's a motorcycle."

"Yeah," Morse said.

"Yeah," Shanahan said. "When'd you get that and how much did it cost you?"

"Last year," Morse said. "Thirty-eight hundred dollars."

"Borrow the money?" Shanahan said.

"No, Your Honor," Morse said.

"Get it out of that bank account?" Shanahan said.

"Yeah," Morse said.

"What?" Shanahan said.

"Yeah," Morse said, louder.