The Case of the Fenced-In Woman (2 page)

Mason frowned thoughtfully. Della Street, turning the pages of Mason's appointment book, said, "Any time after your two – thirty appointment this afternoon. That appointment shouldn't be canceled-you had to cancel it once before. But after that you will have the entire afternoon. You had set that time aside to dictate the brief in the McFarlane case."

"How long will it take me to drive out there?" Mason asked Eden.

"From here, about thirty – five minutes."

Mason looked at his watch. "When a client has an appointment I don't like to keep him waiting," he said. "If you'll just step in the other room with Miss Street, you can draw her a map showing just how to get there. I'll try to be out there late in the afternoon.

"In the meantime, Della, call Judge Goodwin's chambers and see if you can make an appointment for the latter part of the afternoon, just as soon as he leaves the bench."

Chapter Two

JUDOE GOODWIN adjourned court shortly before four o'clock and found Perry Mason waiting in the anteroom of his chambers.

"Well, well, well, Counselor," he said, "what brings you here? I've been wondering what you wanted ever since your secretary phoned for an appointment. My work is in the field of domestic relations, while you specialize in murder cases. There shouldn't be any common meeting ground."

"I don't know," Mason said, shaking hands and smiling, "sometimes the alchemy of infatuation leads from blind devotion to homicidal madness."

"Come in," Judge Goodwin said, "and don't discuss such profound truths with a smile."

Judge Goodwin led the way into his chambers and indicated a chair for Mason. Divesting himself of his judicial robe, he settled down with a sigh, offered the lawyer a cigarette, took one himself and said, "I suppose there's a polarization of sex magnetism that causes physical proximity to change the… Oh well, you didn't come here to discuss that, despite the fact you opened up the subject. What's on your mind?"

"The case of Vivian Carson versus Loring Carson," Mason said. "Do you remember it?"

A smile twisted Judge Goodwin's lips. "I remember it very well indeed."

"You made a peculiar order in that case."

"Did I? What's peculiar about it?"

"You decided that a certain portion of real property belonged to Vivian Carson as her sole and separate property, that the adjoining property was community property which you awarded to Loring Carson."

Judge Goodwin said, "I did that deliberately and with a definite objective in mind."

"A short time ago," Mason said, studying the judge's face, "you signed an order restraining Loring Carson or his agents or assigns from interfering in any way with the property awarded Vivian Carson as her separate property."

Judge Goodwin smiled. "I remember signing the restraining order very well indeed."

Mason said, "The situation is complicated, Judge, because my client, Morley Eden, has a house he purchased from Loring Carson. It's on both lots.

"After your restraining order was issued, Vivian Carson had a surveyor run the line of the property, bore holes in the house and run a barbed – wire fence completely through the house, dividing it into two portions and dividing the front and back of the property, including the swimming pool, as well."

Judge Goodwin smoked in silence for a few seconds, then his smile broadened into a grin. "Did she actually do that?" he asked.

"She did just that," Mason said. "And, what's more, she's living in her side of the house and Morley Eden is living in his side of the house."

"An opportunity to be real neighborly," Judge Goodwin said.

"Except for the barbed – wire fence," Mason pointed out.

Judge Goodwin ground out the cigarette in an ashtray and pursed his lips thoughtfully.

"Knowing your ideas of doing substantial justice, and your impatience with the technicalities of the law which at times tend to thwart real justice," Mason went on, "I was interested to find out just what caused the decision and to see if it wouldn't be possible to modify it."

"To modify it in what way?" Judge Goodwin asked.

"So that Loring Carson could be awarded the entire property and the rights of Vivian Carson could be protected by disposition of some other property."

Judge Goodwin said, "Mason, you know my feeling about the law. You know my feeling about the responsibility of being a judge called upon to determine the right and wrong in human disputes.

"Now, I'm going to tell you something in confidence. I knew all about the situation when I signed that restraining order. Morley Eden is, as you know, a wealthy man and an impulsive man. He's a square shooter but impulsive.

"Now then, when Eden first dealt with Carson on that property, I'm satisfied that Loring Carson made some false representations about the evidence of his wife's infidelity.

"If Eden had been a poor man, I might have felt differently about it. But as for Loring Carson, Carson felt-to use a popular expression-that he had this court over a barrel, that the court didn't dare do anything except affirm the transaction.

"Loring Carson has proven himself to be a thoroughgoing heel. He hired a detective who may or may not have been acting in good faith, but in any event he shadowed the wrong individual. However, before that became clear, his wife's good name was blasted to shreds. The charges against her made headlines, were bandied about by gossipmongers and unquestionably did a lot to embarrass Vivian Carson.

"The husband has absolutely no regrets about this at all. He simply says it was the detective's mistake and washes his hands of the whole matter.

"I'm satisfied Eden has a cause of action against Loring Carson for willful fraud. I'm hoping that the situation reaches the point where Eden is forced into filing an action of fraud against Carson. Frankly, I'd like to see Carson pay through the nose."

"It isn't that simple," Mason said. "My client had that house designed to his own specifications. The building site was one that he wanted above all others. He might sue Carson for fraud, but he'd want to continue to live there."

"Then let him live there."

"But that brings up an embarrassing situation with Vivian Carson."

"Then let him buy her out."

"Apparently," Mason said, "Vivian Carson is downright good and mad. She doesn't want to sell to anyone. She doesn't want to do anything that is going to get her husband off the spot or help her husband's purchaser in any way."

"And I don't blame her in the least," Judge Goodwin said. "Of course, Mason, you know and I know that when a marriage breaks up it quite frequently is six of one and half a dozen of the other. The man may be the one who commits the first sin, but as the relationship deteriorates the woman has a tendency to retaliate.

"Or, on the other hand, if the woman starts nagging, the man quite speedily loses interest and begins stepping out with someone who meets him on an amorous plane.

"I'm not dumb enough or naive enough to believe that in all these marriage failures the fault is entirely on one side, because I've seen enough of human nature to know that it isn't. But I do know that in this case Loring Carson was a heel. I know that he is a fast – talking, sharpshooting individual who's after a quick buck, and that whenever he gets in a corner he starts pulling a razzle – dazzle.

"He not only gravely wronged his wife and shows no regret for having done so, but he tried to pull some financial sleight of hand on this court. He's managed things so it's impossible to trace his cash assets. Too much cash has disappeared. He says he had heavy losses on the gambling tables at Las Vegas.

"The evidence shows that he went to Las Vegas frequently. He was interested in one of the hostesses there, a young woman named Genevieve Honcutt Hyde. Apparently he became intimate with this woman. I don't hold that against him too much because by that time his marriage had deteriorated to a cat – and – dog existence. But I don't think Carson lost anywhere near as much as he claims. I think Carson has been using Las Vegas as a means of confusing his assets, and I think that for the past year he's been taking large sums of money and concealing it.

"Now I wouldn't confess this to anyone whom I didn't know and admire, but I'm going to tell you, Perry Mason, that I just decided to let Morley Eden take on Loring Carson for a while."

Mason regarded the jurist thoughtfully. "It is almost as if Mrs. Carson had been reading your mind."

"Yes?" Judge Goodwin asked.

"She seems to be utilizing the situation for all it is worth. For instance, I understand she put on a very abbreviated bikini and took occasion to take a sunbath on her half of the swimming pool while my client was inspecting the barbed – wire division."

"And your client objected to that?" Judge Goodwin asked, smiling.

"Well, it made an embarrassing situation."

"Embarrassing for whom?"

"Generally embarrassing," Mason said.

"Vivian Carson is a very attractive woman," Judge Goodwin said. "She was, I understand, a highly successful model before she was married. She's doubtless been seen in a bikini before. I doubt if she was embarrassed."

Mason said, "It makes the grass on the other side of the fence look rather green to a bachelor, and that may be what she has in mind."

"That may well be," Judge Goodwin said, "but let's not have any misunderstanding, Mr. Mason. If your client so much as sticks a finger through that fence or does anything to invade the premises on the other side of the property line, the court will consider that conduct a violation of the restraining order.

"After all, your client is an assignee of Loring Carson. He's claiming title under Loring Carson. Very frankly, and off the record, I hope to see Loring Carson suffer just as much inconvenience as possible, because I want to see him pay through the nose. I think he has been milking cash out of his income for some time and concealing it. I think he has been cheating the Internal Revenue Service and I think he has been concealing his true financial status from his wife. I doubt if his wife can hire detectives and smoke out the facts, but if your client gets mad enough, I think he'll get a judgment against Carson and then I think he'll be man enough to find these hidden assets. When he does that, I'll reopen proceedings on the property division and reapportion the community property.

"Now that may or may not be good law, but it's good psychology. It may teach Loring Carson that he can't pull a financial razzle – dazzle on this court and then stand back and laugh about it."

"It's an intriguing situation," Mason said, eyeing Judge Goodwin shrewdly. "When the newspaper reporters get hold of it, it's certainly good for a feature story."

Judge Goodwin nodded, then grinned.

"Damn it," Mason charged, "you engineered this whole thing. You knew exactly what was going to happen and you're sitting back there and enjoying it."

Judge Goodwin said, "When I sit as a judge in a case I try to do substantial justice between the parties. I can only make decrees, and decrees are simply pieces of paper. I have, however, made a judgment in this case which I think will eventually get results."

Mason got to his feet. "All right, Your Honor," he said, bowing. "And keeping my remarks off the record, I can assure you that your judgment has raised hell."

Judge Goodwin said, "If you are waiting to hear any expressions of regret from me, Mason, you'll have to wait a lot longer than I'm going to be here."

Chapter Three

MASON RANG his office and, when the switchboard operator answered, said, "Let me talk with Della Street."

A moment later his secretary came on the line and he said, "Judge Goodwin is sympathetic to our client but just as firm as a brick wall as far as his decision is concerned, Della. He says that Loring Carson is a heel and the best way he can reach Carson is through a decision of this sort. He's hoping that our client, Morley Eden, will proceed to put Loring Carson through a meat grinder."

"And so?" Della asked.

"So," Mason said, "I am going out and look the premises over. I just wanted to let you know there's no need for you to wait."

"Isn't it a little late for that?"

"What do you mean, Della?"

"The ex – model in the bikini will probably be well finished with her sunbath."

Mason laughed. "She might be in an attractive skin – tight cocktail gown by this time."

"How delightful," Della Street said. "You can have a neighborly chat, with cocktails served through a five – strand barbed – wire fence. Be careful you don't get scratched."

"I'll do that," Mason said. "Button up the office for the night, Della. Give Morley Eden a ring and tell him I'm on my way out."

Following the sketch map his client had given Della, Mason came at last to a road which wound through rolling hills to end on a natural plateau beyond which there was a drop – off into a little valley purpled with the rays of the declining sun.

The house was a long, low structure with artificially weathered thick shingles. It had the appearance of having aged naturally and blended perfectly with the surroundings.

The driveway which approached the house was bisected by a five – strand barbed – wire fence, anchored to a concrete post in the middle of the driveway.

Mason took the left – hand drive, noticing as he did so that the parking place, most of which was on the right – hand side of the barbed – wire fence, was well filled with cars.

As Mason brought his car to a stop in front of sweeping semicircular steps leading to the front door, Morley Eden, who had evidently been watching the driveway, opened the door and walked across the broad porch area to greet the lawyer.

"Believe it or not," Eden said, "they're having a party, and it's the damnedest party you ever saw."

"What's wrong with it?"

"There isn't a man in the place; just a flock of good – looking women. From the looks of them I'd say they were all models. Perfect figures, snaky gowns that cling like the skin on a sausage."

"They're talking with you?" Mason asked.

"Not a word. They're waiting for me to break the ice, I guess."

"You break the ice and you'll land in jail," Mason said. "This whole thing is an elaborate trap. Technically you are claiming under Loring Carson. Therefore you come within the provisions of the restraining order relating to his agents and assigns. If you interfere in any way with the possession of that other side of the house, your goose is cooked. That's why Vivian Carson is bringing out all this tempting array of feminine pulchritude. She hopes that you'll be encouraged to take the initiative and make a pass."

"I gathered as much," Eden said, "but this is the sort of torture a man can't endure very long."

"Check out, then, and go to a hotel," Mason said.

Eden's jaw clamped shut. "I'll be damned if I will! I'll fight it out with her on these grounds if it takes all winter. Come on in and take a look."

Eden held the door open. Mason entered a reception hall, walked through an arched doorway which could be shut off from the reception hall by heavy draperies and down three steps to a living room. It was sumptuously furnished and lighted by concealed lights which gave the room an atmosphere of soft moonlight.

About one – third of the room was separated by the taut strands of the barbed – wire fence, which ran in a mathematically straight line directly through the house and through the wall. Above it stretched a rod.

On the other side of the fence a group of women, seemingly oblivious to their unusual surroundings, were having cocktails and chatting gaily, their voices at times rising to a crescendo of rapid communication which indicated the liquid in the cocktail glasses had plenty of alcoholic content.

Apparently no one noticed Mason entering the room and no one paid the slightest attention to Morley Eden as he stood and gestured with his hand. "There you are," he said.

Mason walked over to the barbed – wire fence, a quizzical smile on his face. He planted his feet far apart, pushed his hands down into his coat pockets and surveyed the spectacle.

Abruptly one of the young women, a vivacious redhead with dancing blue eyes, saw Perry Mason, stopped in her tracks, did a quick double take, then came over to the barbed – wire fence. "Well, what do you know?" she said. "Aren't you Perry Mason, the lawyer?"

Mason nodded.

"Well, for heaven sakes, fancy seeing you here! What in the world are you doing here?"

"Right at the moment," Mason said, "I'm advising a client. Now may I ask what you're doing here?"

"Just finishing my second cocktail and thinking about a third," the young woman said. "Only I'm giving the matter the benefit of mature consideration because I have trouble retracting my landing gear when I get loaded."

"And may I ask what's the occasion for all this?" Mason asked.

"Heavens, I don't know," she said. "Vivian told us to put on skin – tight dresses and abbreviated lingerie we could show to advantage.

"It seems somebody connected with her ex – husband lives in the other part of the house. We're supposed to report any passes that he might make."

"So far, no passes?" Mason asked.

She laughed. "The evening's young yet. He-"

"Helene, what are you doing?" a woman asked, striding over to the fence.

The redhead giggled. "Talking with Perry Mason," she said.

"I told you not to make any leads."

"Oh, go roll a hoop," the young woman said. "Your caution was related to the guy who's tied up with your ex – husband. This is Perry Mason, the lawyer. Don't you know him? Good heavens, I've been a fan of his forever. Fancy actually meeting you, Mr. Mason."

Mason said to the other woman, "I presume you're Vivian Carson."

She studied him thoughtfully and said, "That's right. May I ask what you're doing here?"

"Making a survey of the situation."

"All right," Mrs. Carson said, "Helene has spoiled the act. I…"

"You were setting a trap?" Mason asked, as she hesitated.

Abruptly her eyes softened. "Frankly, Mr. Mason," she said, "I… Well, I don't think I'm going to make any admissions."

"I was just trying to get oriented," Mason said. "I wouldn't try to discuss things with you in the absence of your attorney."

She said, "I'm representing myself. I suppose that means I have a fool for a client, but my attorney didn't approve of the things I had in mind."

"Were they that bad?" Mason asked.

"They were worse… Now I see your client inching his way over here, hoping to get into the conversation. I'd advise you to keep him out of it."

"Why?" Mason asked. "You've already broken the ice giving him coffee-remember?"

"Of course I remember, and for your personal, private and confidential information, Mr. Mason, that was a part of my act. Even the most hardy soul can't withstand the aroma of coffee in the morning.

"Under the law, as I understand it, the initiative is mine. When I want to talk with your client, I'll talk. But he can't take the initiative and talk with me or with my guests.

"The minute he does anything other than leer, I'm going to nail him for contempt of court."

"Do you hate him that much?"

"I hate my husband that much, and that's the only way I can get even with him and get the sort of action I want."

Morley Eden, approaching Mason, said, "Pardon me, Perry, but I-"

"Just a minute," Mason said, motioning him to silence.

"I thought," Eden insisted, "that since you apparently were getting acquainted I might at least talk to you."

Mason, his eyes twinkling, said, "Oh, it's quite all right to talk to me. This is your house on your property and you can talk to anyone on your side of the fence."

Eden said, "You might advise the young woman that while the legal difficulties are being adjusted I'd like to live in harmony."

Mason turned to Mrs. Carson and said, "Mrs. Carson, my client wishes me to assure you that he has no hard feelings."

"You might also explain to her," Eden said, "that the pleasure which is afforded a lonely man of seeing a young woman with Mrs. Carson's grace disporting herself around the swimming pool more than compensates for the inconvenience of the barbed – wire fence through my living room. You might also tell her that any time she would like to dive under the barbed wire and use the springboard at my end of the pool I'd be only too glad to have her."

Vivian Carson looked him over with appraising eyes, abruptly turned to Perry Mason and said, "I think you'd better advise your client, Mr. Mason, that any attempt to fraternize with the enemy will be regarded as a contempt of court."

"Please tell her," Eden said hastily, "that I don't regard her as an enemy and I don't want to regard her as an enemy. I can appreciate what she's trying to do and I can appreciate something of the injustice that has been done her."

Vivian Carson started to turn away, then whirled with an impulsive gesture graceful as that of a dancer. She extended her hand through the barbed wire and said, "I'm sorry, Mr. Eden. You're a good sort. I've been trying to make things as difficult for you as possible and you've been nice about it."

Eden took her hand, said, "Thank you, Mrs. Carson. I take it it's all right to shake hands as long as it's your hand that's on my side of the fence."

"Exactly," Vivian said, smiling, "and now, having acted on impulse, I've ruined a good part of my scheme. But I'm warning you, Morley Eden, I'm going to get back at my husband for the things he's done, and, as it happens, you're in the line of fire."

"I take it," Mason said, "this little exchange of pleasantries is not going to be reported to the court."

"What's the use?" she said. "I led with my chin. I was the one who broke the ice. You do have awfully nice clients, Mr. Mason; but this fence is going to stay up, and I trust that in the course of time Mr. Eden will be so inconvenienced by the things that go on here he – will take drastic action."

"With wire cutters?" Mason asked.

"I don't care what sort of action he takes. Whatever he does is going to be a violation of the restraining order, and once this temporary truce is over, Mr. Eden, I warn you that making any passes at my friends on this side of the fence is going to be considered a violation of the court's order."

"It's an embarrassing situation," Eden said. "I know now something of the tortures of Tantalus."

"You haven't seen anything yet," she said. "Wait until… Well, just wait."

"I'll live through it," Eden promised.

"My client," Mason said gravely, "has plans to install an electric organ. He'll play a lot at night."

"Oh, that will be just dandy!" Vivian Carson said, her eyes sparkling, "because I've arranged to take cornet lessons and my teacher plays in an orchestra. He told me he could only come at unconventional times, and I told him I was certain that would be all right."

"I think," Eden said, wincing, "it might be a good plan if we dispensed with the music, Mrs. Carson, and just went at it hammer and tongs."

"Hammer and tongs it is," she said, giving him her hand once more. "Come on, Helene."

Helene pushed her hand through the barbed wire. "I'm being paged, Mr. Mason. But it certainly was nice to see you."

"Perhaps," Mason told her, "we'll meet again when the barriers are not so sharply drawn or so effectively patroled."

"I'm for that," she said. "Perhaps we could ride fence together."

"Perhaps," Mason said.