58 The Case of the Singing Skirt by Erle Stanley Gardner

Author:Erle Stanley Gardner [Gardner, Erle Stanley]
Language: eng
Format: epub
Published: 0101-01-01T00:00:00+00:00

Chapter 10

Donovan Fraser, a relatively new and somewhat eager-beaver deputy district attorney, arose to address the Court.

“If the Court please, we expect to show that the defendant in this case, Ellen Robb, was attempting to break up the home of the decedent, Nadine Ellis, that quite understandably friction developed between the two women, that the defendant surreptitiously and with malice aforethought entered the yacht belonging to Mr. and Mrs. Ellis, knowing that Mrs. Ellis was aboard, that she fired two shots into the body of Mrs. Ellis and then, having assured herself that her enemy was dead, she pointed the yacht out to sea, started the motors and trusted that the natural risks incident to marine navigation in a small boat of this sort would result in the loss of the boat and its grisly occupant.

“We expect to show that a gun found in the possession of the defendant, Ellen Robb, inflicted the fatal wounds upon Nadine Ellis and we shall ask that the defendant be bound over to the Superior Court for trial.”

Judge Staunton Keyser looked down at the young man thoughtfully, said, “You don’t need to make an opening argument to the Court in a preliminary hearing, Mr. Deputy District Attorney. As I understand it, this is simply a question of showing that a crime has been committed and that there is probable cause to believe the defendant committed that crime.”

“I understand, Your Honor,” Fraser said, “but in view of the well-known tactics of defense counsel, who always tries to put on a case at the time of the preliminary examination, I felt that the Court should be advised of what we are trying to do.”

“You go right ahead,” Judge Keyser said, “and never mind the tactics of opposing counsel. Just put on your proof. Call your first witness.”

Fraser called the captain of a Coast Guard cutter to the stand.

“Are you familiar with a yacht called Cap’s Eyes?”

“I am.”

“Are you familiar with the documents of registration in the Coast Guard records as to ownership of that yacht?”

“Yes, sir.”

“Who owns that yacht?”

“Helman Ellis.”

“Did you have occasion to see that yacht on Thursday, the eleventh day of this month?”

“I did. Yes, sir.”

“Will you explain the circumstances.”

“We were notified by the Navy that the yacht was drifting helplessly with a murdered woman aboard. I called the FBI and the coroner’s office. I was instructed to take Dr. Andover Calvert out to the yacht, together with a representative of the sheriff’s office and an agent of the FBI. We had to wait a short time until these men arrived. Then we flew to Catalina, picked up a deep-sea patrol boat there and proceeded at high speed to where the yacht was located. At that time we made an inspection of the yacht. Do you want me to tell you what we found?”

“In general terms, yes.”

“The fuel tank of the yacht was quite dry. The yacht was drifting in an area which is devoted to naval maneuvers and where small craft are forbidden to venture.

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