Showing posts with label Ellery Queen. Show all posts
Showing posts with label Ellery Queen. Show all posts

27 September 2015

Queen's Quorum


[T]he only rule … I know, [for writers] is that they write and they write some more and then they write still more and they keep on writing …
                                                          Frederic Dannay 
                                                          Carroll College, Waukesha, Wisconsin 
                                                          17 April 1979 
                                                          Quoted in My Life with Ellery Queen 
                                                           by Rose Koppel Dannay 
 [A] pastiche is a serious and sincere imitation in the exact manner of the original author.
                                                          Frederic Dannay (writing as Ellery Queen) 
A picnic is more than eating a meal, it is a pleasurable sate of mind.
                                                          DeeDee Stovel
                                                          Picnic: 125 Recipes with 29 Seasonal Menus

Josh Pachter, Francis (Mike) Nevins
and Yours Truly (animation courtesy of Google+!)
      Last week, with the marriage of our younger son Colin just behind us, we waved good-by to family guests, turned on our heels, sorted out the guest room, and welcomed Francis (Mike) Nevins into our home for a three day visit. I first met Mike, an emeritus professor at St. Louis University Law School, author and scholar of all things Ellery Queen, back in 2005 at the Ellery Queen Centennial symposium hosted by EQMM. Since that time we have shared a few meals together, but never a prolonged visit. This time Mike was passing through Washington, D.C. enroute to Massachusetts to attend a memorial service for Rose Koppel Dannay, the third (and last) wife of Frederic Dannay, whom we all know as one-half of the Ellery Queen writing duo. 

       In his own blog First You Write, Mike has summed up the importance of Rose Dannay’s influence on Frederic Dannay succinctly: “It’s not going too far to say that Rose saved Fred’s life.” Dannay’s second wife had just died when he met Rose. Mike writes that at that meeting Rose found a broken man winding down his life, and Mike concludes that “[t]hat is what Rose saved him from.” Their marriage endured until his death, over the Labor Day weekend of 1982, at age 76.  

       In her later years Rose Dannay penned a memoir, originally privately published, entitled My Life with Ellery Queen chronicling her years with Dannay. The slim volume necessarily offers little insight into the early years of Ellery Queen, or into the life of Manfred B. Lee, the other half of the Queen duo, since Lee was gone by the time Rose entered Dannay’s life. But the book, which I read during Mike’s visit, is nonetheless a rich narrative of Dannay’s final years. And -- lucky us -- while the book has long been unavailable to the general public, within days all of that will change when it is re-issued together with a new (and lengthy) introduction written by Mike. 

       But enough of the past (well, sort of). One of the great things about the on-line age in which we live is the ease with which we can each reach out and connect with those whose interests we share. Those of us who are still Ellery Queen fans may be few in number, but among us the interest in Queen runs deep. And Mike’s short swing through Washington, D.C. afforded an opportunity for three of us to spend a great evening together in my backyard. 

       I knew of Josh Pachter before last week but we had never met, even though he lives in nearby Herndon, Virginia and teaches communications and human studies at equally nearby Northern Virginia Community College (where he is also an Assistant Dean). Josh is, however, an old friend of Mike’s and that proved the only catalyst needed in order to complete a "three musketeer" gathering. All three of us have not only read and studied the works of Ellery Queen, we have also each contributed our own works featuring, or inspired by Ellery. 

       Josh had his first short story published in EQMM at the tender age of 16, and has authored several Ellery Queen parodies, including "E.Q. Griffen Earns His Name" (EQMM December 1968), "E.Q. Griffen's Second Case" (EQMM May 1970) and "The German Cologne Mystery," co-written with Jon L. Breen and featuring Celery Green and his father, Inspector Wretched Green, (EQMM September/October 2005). Josh hints that he is working on yet another E.Q. Griffen story and hopes to share it with the reading world in 2018, the fiftieth anniversary of the publication of his first E.Q. Griffen escapade. His most recent work is the short-story collection The Tree of Life (Wildside Press, 2015), available in paperback and (as The Mahboob Chaudri Mystery Megapack) in e-book format

       Mike Nevins has authored four novels, many short stories, and a number of non-fiction works offering up his take on mysteries and mystery writers. He has edited countless mystery anthologies and has won two Edgar awards, one for Royal Bloodlines, his first biography of Frederic Dannay and Manfred B. Lee, and the second for First You Dream, Then You Die, focusing on the literature of Cornell Woolrich. And Mike is also famous, among other things, for his seminal Ellery Queen pastiche, “Open Letter to Survivors,” (EQMM May, 1972), which spins its narrative riff from the following passage that appears in Ellery Queen’s Ten Days’ Wonder: “. . . there was the case of Adelina Monquieux, [Ellery’s] remarkable solution of which cannot be revealed before 1972 . . . .” In addition to his upcoming introduction included in the newly re-published Dannay biography referenced above, Mike’s next work, They Called the Shots, a retrospective on Hollywood directors he has known, will be published by Ramble House within the next few weeks. Among his most recent works is the 2013 retrospective Ellery Queen -- The Art of Detection, an updated and definitive companion piece to Royal Bloodlines. 

Kurt Sercu and me last year
(doing a pictorial "one-off" of the cover of
Mike Nevin's The Art of Detection)
       Completing the trio assembled in my backyard on that Tuesday evening was, well, me. Accomplishments? Well, not all that many. But the Ellery Queen pastiches that I have authored include “The Book Case” (EQMM May, 2007), written in collaboration with my good friend Kurt Sercu, proprietor of Ellery Queen, a Website on Deduction, and featuring an elderly Ellery pulled from retirement to solve one last case involving many characters from earlier Queen novels, including principally the 1967 mystery Face to Face, “The Mad Hatter’s Riddle” (EQMM September/October, 2009), where characters from the 1938 Queen novel The Four of Hearts, reunite for the filming of an episode of the 1975 NBC Ellery Queen television series, and “Literally Dead” (EQMM December 2013), featuring a return, once again, to Wrightsville. 

       So the dinner cast was set and the evening was predictably great.

       But let’s be greedy. Who else could have been added to make that back yard dinner even better? Well my list of wished-for attendees would include the following: 

       Kurt Sercu, my friend, erstwhile collaborator and the proprietor of the aforementioned Ellery Queen website where, incidentally, you can read about all of the actual attendees in Kurt’s section discussing Ellery Queen pastiches and parodies. Kurt, who I first met on the internet in 2002, has three times made the trip across the pond from his native Belgium and knows my backyard well. Had he been here this time he could have shared stories with Josh in Flemish -- among his other accomplishments, Josh is fluent and has frequently translated mysteries from Dutch to English. 

Joseph Goodrich
       Joe Goodrich, author of Blood Relations, the collection of the 1940s correspondence between Frederic Dannay and Manfred B. Lee, and also the author of the play Calamity Town, which had a sneak preview for two days in Claremont, New Hampshire in 2013 and will have its official world premier at the Vertigo Theatre, Calgary, Canada next year.  (It will play there from January 23 through February 21, 2016.)

Douglas Greene
       Doug Greene, professor emeritus at Virginia Commonwealth University, Ellery Queen scholar, proprietor of Crippin and  Landru publications, and publisher of both The Tragedy of Errors, collecting previously unpublished Queen stories and essays, and featuring the outline of what would have been the final Ellery Queen mystery, and The Adventure of the Murdered Moths and Other Radio Mysteries, a 2005 collection of previously-unpublished Ellery Queen radio plays. Doug just had a birthday, so we would have added a cake to the menu!

Jon L. Breen
       John L. Breen, emeritus book review editor for EQMM, who has twice been awarded the Edgar Allan Poe Award, first in 1982 for What About Murder?: A Guide to Books About Mystery and Detective Fiction, and then in 1985, for Novel Verdicts: A Guide to Courtroom Fiction. He has written several novels and over 100 short stories, including several Ellery Queen pastiches and parodies, one of which, “The Adventure of the Disoriented Detective,” is available on Kurt’s website and another of which, “The German Cologne Mystery,” (see above) was co-authored with Josh. 

Arthur Vidro
       Arthur Vidro, yet another Queen scholar, author and publisher of (Give Me That) Old-Time Detection (a wonderful periodical dependably offering up Ellery Queen nuggets).  Arthur was the director of the first presentation of Joe Goodrich’s theatrical version of Calamity Town, and appeared in the production in a supporting role.  He is also the literary detective who (to my mind) has definitively established that Ellery Queen’s Wrightsville is modeled after Arthur’s hometown -- Claremont, New Hampshire.  Arthur has his own short Queen pastiche on-line on the EQMM website.  It can be read here.

Jeffrey A. Marks
       Each of these folks I have had the honor to meet and get to know in person over the years. And to the list I would add at least one more Ellery Queen expert and aficionado -- mystery writer and biographer Jeffrey A. Marks, an author who, thus far, I have met only on the internet. In addition to his many works, including his mystery series featuring Ulysses S. Grant, Jeff has penned biographies of famous mystery writers including Earl Stanley Gardner and Anthony Boucher.  His latest project?  Well, in the next year -- or perhaps a bit more -- Jeff will be releasing his new, and I will bet definitive, biography of the lives of Frederic Dannay and Manfred B. Lee.   (Working title -- The American Detective Story.)

       Now THAT would have been a party!

(Most of the links and some of the graphics, above, are courtesy of Kurt's website Ellery Queen -- A Website on Deduction.  Always worth a visit, folks!)

24 August 2015

Queen of Crime


I met Sam Neill (the movie actor) once. For a short time, in a galaxy far, far away (the 1980s), I worked as a bank clerk on campus at the University of Auckland, and Mr Neill came in one quiet afternoon to make enquiries about foreign exchanges. His brother was a lecturer at the university (his brother, Michael, would later be one of my English professors). I mention this brush with movie stardom simply because I can state that I have met and spoken to someone who not only knew, but was a good friend of, writer Ngaio Marsh.

Ngaio Marsh sold four stories to the Ellery Queen Mystery Magazine, and I mention this upfront, because it's the only other connection (albeit tenuous) that I can claim to her; I too have had stories appear in the same magazine.

Ngaio Marsh's 
short stories 
in EQMM
I Can't Find My Way Out (August 1946)
Death on the Air (January 1948)
Chapter and Verse: The Little Copplestone Mystery (August 1973)
A Fool About Money (December 1974)

A couple of Dames at the Savoy (Christie and Marsh)
Edith Ngaio Marsh was born in 1895 (April 23; same birthday as Shakespeare) and died in 1982. In both instances, in Christchurch, New Zealand. If you want to talk about New Zealand and crime/mystery fiction, you start (and can pretty much end) with Ngaio Marsh. From the 1930s through to the 1980s, Ngaio Marsh wrote 32 novels (most still in print). She is considered to be one the leading writers of the Golden Age of Detective Fiction, and along with her stable mates Agatha Christie, Margery Allingham, and Dorothy L. Sayers, has been described as one of the original four Queens of Crime. The actual Queen (Elizabeth 2), made Marsh a Dame Commander of the British Empire in 1966, and in 1978 (along with Dame Daphne du Maurier), Dame Ngaio Marsh became a recipient of the Mystery Writers of America's highest honour: the Grand Master Award. No other New Zealand writer of mystery fiction has yet achieved her standing. In fact, no other New Zealand writer. Period.

Ngaio Marsh's parents met in Christchurch. Her mother, Rose, was a New Zealander and an actress, and her father, Henry, was British and a bank clerk with an interest in the theatre. They were married in 1894 and Edith, their only child, was born the following year. An uncle fluent in Maori was asked to provide an indigenous middle name (a custom at the time, apparently), and he came up with "Ngaio", which is a Maori word for a type of tree, with the additional connotations of clever, methodical, and restless.


So, how do you pronounce Ngaio? And I have been asked. Being an authority on the New Zealand vocabulary and accent (because I be one), I can tell you it's pronounced Nigh-Oh [ /ˈnaɪ.oʊ/ ].


Marsh's childhood, from all accounts, was reasonably spiffing and splendid (we'll skip over the fact that she was bullied at school and for a time (10-14 years) was home-schooled). She read everybody. Ah... pause for a moment to imagine a life before the Internet, before television. Imagine summer afternoons in the countryside reading Kipling, Dickens, Henry Fielding, Smollett, Shakespeare, and Conan Doyle. You can just picture her, in Edwardian attire, basking on a blanket in a soft breeze, with a flask of lemonade, a half-eaten ham sandwich, and thoroughly absorbed in Smollet's The Adventures of Roderick Random (mark the name Roderick well).

In addition to reading, Marsh also had a taste for the theatre, like her parents, and while still in school she mounted several amateur theatrical productions. She also began writing: short stories and plays. At first, her audience was her school peers, but by her 20s, she was in print, with stories and poems appearing regularly in Christchurch's The Sun newspaper. She also had a strong passion for painting, and she graduated in 1917 with an Arts diploma (first-class honours) from Canterbury University College (Christchurch is located in the Canterbury province of New Zealand).

By the time Marsh was in her early twenties, the three corners of her world had been set. It's no surprise, then, that theatre and the arts would later form the backdrop to several of her novels. And although painting would figure prominently throughout her life (dare I call it a hobby), it was to the gravitational pull of words, both those written down and those spoken aloud, where her heart fell.

For the next ten years after graduation, until 1928, Marsh continued developing her talents as a writer: writing plays and working on a "New Zealand" novel. Together with a group of likeminded artists she formed "The Group" (a group, mostly women, with avant-garde leanings). And she found on-going employment with a handful of professional theatre companies. It was in this time that she "paid her dues" and learnt her theatre craft. In fact, had Marsh never written a single novel, she would still be recognized as one of the doyens of 20th Century New Zealand theatre. Indeed, my first introduction to her was in a theatre, when I was 14. I had joined an amateur repertory company (the other members were mostly adults), and I remember Marsh being spoken about with reverence on winter evenings over cups of hot tea and crumbly digestives (a type of cookie).

Marsh (in beret) with "The Group", 1936
My first introduction to Ngaio Marsh the author had come about earlier, when I was about 6 or 7, only I hadn't been aware of it at the time. There was a bookshelf in my parents' living room. The upper shelves were lined with the classics of literature, and the lower shelves with a healthy selection of crime fiction (Cat among the Pigeons, Death on the Nile, etc.). One title on the bottom shelf always caught my eye: "Surfeit of Lampreys". I was a small boy. The title may as well have been written in Klingon. Or Latin.

In April 2012, the Alfred Hitchcock Mystery Magazine published my short story Pueri Alleynienses, and a friend asked me if the Latin title was a reference to Ngaio Marsh's detective, the principal character of all 32 of her novels, Roderick Alleyn. No, it wasn't, but then I discovered, unintentionally, that it was. My story was about two old men who, many years earlier, had attended Dulwich College in London. Pueri Alleynienses is the title of the Dulwich school song. It translates from the Latin as "Boys of Alleyn" (the founder of Dulwich College was Edward Alleyn). My interest in Dulwich had been based on the fact that Raymond Chandler had been a pupil there (1900-1905). In 1882, part of Dulwich College was annexed as a separate school, to be known simply as Alleyn's School, and it was at this school that Ngaio Marsh's father received an education, and from where she took a name for her character.

And a home for her character, too. London. Inspector Roderick Alleyn worked for Scotland Yard. He was British, a member of the gentry (his older brother was a baronet). He was an Oxford graduate, and had a background in the British army and the Foreign Service before he joined the Met. Almost all of Marsh's 32 books are set in England, with just four set in New Zealand, where Alleyn is either on secondment to the New Zealand Police, or is on holiday (Colour Scheme, Died in the Wool, Vintage Murder, Photo Finish). A fifth, Surfeit of Lampreys, starts out in New Zealand, but promptly returns to London and stays there.

Why London? Because in 1928, Marsh went to live there. Why? Probably because, like most other New Zealand artists and creatives (and even more so 80 odd years ago), New Zealand is a bit empty. Even today, the population is well under five million, spread out over a land mass equivalent in size to the United Kingdom, or California, and not a lot of people in that population could give a flying truck about the local arts scene. Unless it involves Peter Jackson and lots of loud noises.

Nowadays it's called going on The Big OE (Overseas Experience). Yes, there is actually a name for it: when young New Zealanders venture overseas to find fame and fortune, or to get a life. Nowadays, an OE could mean venturing anywhere: Spain, Norway, the US, South America; but until about 20 years ago, it meant only one thing: London. There are very few New Zealanders who work, or have worked, in the arts who haven't done it. Katherine Mansfield, Janet Frame, to name two others. Even I’ve done it. I lived in Soho for a year (before decamping for the continent). The Big OE is written into the DNA of many New Zealanders.

Marsh (1935)
London's (and Europe's) appeal to Marsh would have been great. To quote Eddie Izzard, "It's where the history comes from." Marsh's father was British, her mother a second-generation New Zealander with strong family connections to the "old" country. And through her connections in the New Zealand theatre world, Marsh landed in London on her feet running and co-opened an arts and crafts shop in Knightsbridge. She wrote a series of travel articles that were syndicated by the Associated Press, the strength of which gained her admission to the Society of Authors in 1929. And she gave up on her New Zealand novel. The "colonial novel" had by this time become a little passé, and not something an artistic, sophisticated, independent lady of London would care for.

And then one wet winter's weekend in 1931, trapped indoors with nothing much else to do, a bored Marsh thought she would try her hand at a detective novel. She had been reading Sherlock Holmes mysteries since she had been a child, and she was au fait with the emerging detective genre (she had read Agatha Christie, Dorothy Sayers, et al). The Golden Age of Mystery Fiction had begun, and Marsh probably didn't realize it when she put pen to paper that weekend, but she was about to join it. Her first book, A Man Lay Dying was published three years later in 1934. Inspector Roderick Alleyn entered the minds of readers and found their favour, along with most critics'.

Marsh was back in Christchurch when the book went to print, having returned in 1932 to nurse her ill mother. She wouldn't return to Europe until the late 1930s, and from then on she largely made her home in New Zealand. The Big OE was over. If I was to write a movie script about Marsh, that's where I'd end it: The publication of her first book to great reception. The end. Roll credits. The rest of her life is largely a matter of bibliography and milestone. She wrote 31 more novels featuring Inspector Alleyn (about one every 1-2 years), cementing her place in the literary pantheon. She wrote numerous plays, short stories, articles, and three works of non-fiction, including an autobiography. And she dedicated the remainder of her time to her other love: theatre.

Selected Milestones 
(not mentioned above)



1949
Penguin Books publishes the Marsh Million, in which one million copies of ten of her titles (i.e. 100,000 x 10) were released on the same day.

1950
Marsh produces her favourite play (Pirandello's Six Characters in Search of an Author) at the Embassy Theatre in London.

It's interesting that this was her favourite play, given her love of Shakespeare. It's an oddball piece of theatre (in my tainted opinion -- I sat through a million amateur performances of it in the 1980s as a lighting designer). I much prefer Rod Serling's Five Characters in Search of an Exit, if you know your Twilight Zone.

1951 
An Ellery Queen Mystery Magazine reader's poll votes Marsh one of the best mystery writers currently active.

1963 
Receives an honorary doctorate in literature from Canterbury University.

1967 
The Ngaio Marsh Theatre opens. It is a 400-seat proscenium-arch theatre on campus at the University of Canterbury (currently closed due to earthquake damage). Opening night was a Ngaio Marsh produced production of Twelfth Night.

1967 
Death at the Dolphin nominated for the Edgar Award

1969 
Marsh produces A Midsummer's Night's Dream, starring Sam Neill.

1973 
Tied up in Tinsel nominated for the Edgar Award

1978 
South Pacific Pictures (a NZ television company) produces four feature-length adaptations of the New Zealand-set novels, starring George Baker as Inspector Alleyn.

Click here to watch online: Died in the Wool

1990-94
The BBC produces The Inspector Alleyn Mysteries, adapting nine of the novels.

2010 
The Ngaio Marsh Award is established by journalist Craig Sisterson. The award is given each year to the best crime novel written by a citizen (or resident) of New Zealand. 

Roderick Alleyn

Roderick Alleyn's initials are RA. As a painter, Marsh would have known that the initials "RA" after an artist's name stand for Royal Academician, i.e. an artist elected (to the distinguished title) by members of the Royal Academy of Arts. I mention this purely as an observation.

Agatha Troy 

Agatha Troy first appears in Artists in Crime (1938). She is a famous painter. She is Marsh's version of Agatha Christie's  Ariadne Oliver -- i.e. a character through which the author can vicariously live in the story. Troy reappears in the later books and becomes Alleyn's wife.

Ngaio Marsh's 
Mystery Books 
1. A Man Lay Dead (1934)
2. Enter a Murderer (1935)
3. The Nursing Home Murder (1935)
4. Death in Ecstasy (1936)
5. Vintage Murder (1937)
6. Artists in Crime (1938)
7. Death in a White Tie (1938)
8. Overture to Death (1939)
9. Death at the Bar (1940)
10. Surfeit of Lampreys (1941) [US: Death of a Peer]
11. Death and the Dancing Footman (1942)
12. Colour Scheme (1943)
13. Died in the Wool (1945)
14. Final Curtain (1947)
15. Swing Brother Swing (1949) [US: A Wreath for Rivera]
16. Opening Night (1951) [US: Night at the Vulcan]
17. Spinsters in Jeopardy (1954) [US: The Bride of Death (abridged, 1955)]
18. Scales of Justice (1955)
19. Off With His Head (1957) [US: Death of a Fool]
20. Singing in the Shrouds (1959)
21. False Scent (1960)
22. Hand in Glove (1962)
23. Dead Water (1964)
24. Death at the Dolphin (1967) [US: Killer Dolphin]
25. Clutch of Constables (1968)
26. When in Rome (1970)
27. Tied Up in Tinsel (1972)
28. Black As He's Painted (1974)
29. Last Ditch (1977)
30. Grave Mistake (1978)
31. Photo Finish (1980)
32. Light Thickens (1982)

Don’t ask me to name a favourite Marsh. I've only read two of them, and a long time ago at that. The word tardy is applicable. In researching this little post, I turned up the fact that the bafflingly titled book on my parent's bookshelf, Surfeit of Lampreys, is considered her best book. I've left a memo on my desk to get a copy and read it.

Light thickens, and the crow
Makes wing to th' rooky wood.

Light Thickens was Marsh's final novel (1982). The title is taken from a line in Shakespeare's Macbeth (quoted above), and a principal element of the book concerns the theatrical taboo of "the Scottish play". Marsh completed the book shortly before her death. The Golden Age was over. The last queen was dead.


www.StephenRoss.net

Photos: The Christchurch Press, The NZ National Library

26 July 2015

Copyright? Elementary, My Dear Watson.


Arthur Conan Doyle published his first Sherlock Holmes story in 1887 and his last in 1927. There were 56 stories in all, plus 4 novels. The final stories were published between 1923 and 1927. As a result of statutory extensions of copyright protection culminating in the 1988 Copyright Term Extension Act, the American copyrights on those final stories . . . will not expire until 95 years after the date of original publication -- between 2018 and 2022 . . . . The copyright on the 46 stories and the 4 novels, all being works published before 1923, [has] expired.
                                                 Klinger v. Conan Doyle Estate, Ltd.
                                                 755 F. 3d 496, 497 (7th Cir. 2014)
                                                 per Judge Richard Posner
Is there anything left to say about Sherlock Holmes? The fame of Arthur Conan Doyle’s iconic detective has now stretched across three centuries, with no expiration date in sight. . . . Recent books and graphic novels find the detective trading bon mots with Henry James, escaping the island of Doctor Moreau and squaring off against a zombie horde. One can also pick up Sherlock-themed tarot decks, rubber duckies, crew socks and — for undercover work — a “sexy detective” outfit featuring a deerstalker and pipe. And, needless to say, the digital landscape is ablaze with blogs, fanfic, Twitter feeds, podcasts and innumerable tributes to the cheekbones of Benedict Cumberbatch. What’s left? As Professor Moriarty once remarked, “All that I have to say has already crossed your mind.” 
                                                Daniel Stashower
                                                The Washington Post, July 12, 2015
                                                Reviewing The Amazing Rise and Immortal Lives of Sherlock Holmes                                                  by Zach Dundas

Sir Ian McKellen in Mr. Holmes
       This week’s summer movie roll-outs included Mr. Holmes, which features Sir Ian McKellen’s highly anticipated take on Sherlock Holmes at 93 —  battling age and dementia as he tries to unravel one last case. The movie, based on the 2005 Holmes pastiche A Slight Trick of the Mind by Mitch Cullin, actually offers the viewer two takes on Holmes, since the cinema version of the story features a “movie within a movie” in which Nicholas Rowe, who earlier portrayed the detective in Young Sherlock Holmes, once again assumes the role in Watson’s version of the mystery that confounds the elderly Holmes.  (Holmes views the movie version, based on Watson's account, in an attempt to jump start his failing memories of the case.)  The fact that the movie offers a new take on Holmes —  indeed, two new takes, and that the same week yet another Holmes retrospective hit the bookstores —   Zach Dumas' The Amazing Rise and Immortal Lives of Sherlock Holmes — is hardly surprising. For 130 years Sherlock Holmes has been, well, ubiquitous.

       Ellery Queen had this to say in his (err, “their”) introduction to The Misadventures of Sherlock Holmes:   "more has been written about Sherlock Holmes than about any other character in fiction. It is further true that more has been written about Holmes by others than by Doyle himself."  We will return to that Ellery Queen anthology, but for now the important point is that no other detective  —  not Miss Marple, nor Hercule Poirot, nor Ellery himself  —  has so tempted other authors to lift their pens in imitation and tribute.  And all of this begs a legal question:  How, pray tell, have these new takes on Sherlock Holmes been reconciled with the copyright protection originally secured for the character by Arthur Conan Doyle?

     A Proviso before going forward here: While I am a lawyer, I am NOT a copyright and intellectual properties lawyer. So, a caveat  when I discuss copyright rules it may be a little like asking your family doctor to perform brain surgery.  But with that in mind, the simple rule is that in the United States under the terms of the 1998 Copyright Terms Extension Act the author has copyright protection for 95 years following the publication of the author’s work. So if you are inclined to dabble in pastiches (and I plead guilty on that one), well, you need to do this only with the permission of the original author (or their estate) if the character you are using was created less than 95 years ago.

       How easy is it to run afoul of copyright rules? Well, as promised above, lets return again to our old friend Ellery Queen for the answer to that question. In 1944 Queen published an anthology collecting most of the Holmes pastiches and parodies then in existence, The Misadventures of Sherlock Holmes. Of all Ellery Queen volumes this one is likely the rarest. If you want to secure a copy on Amazon it will probably set you back around $150.00.  Why? Well, the anthology, it turns out, was published without first securing a license from the estate of Arthur Conan Doyle. As a result, it was quickly pulled from publication when the estate threatened to sue, and only a limited number of volumes ever reached book stores.   (As an aside, notwithstanding all of the above, a rough version of The Misadventures of Sherlock Holmes is, as of this writing, rather mysteriously available for downloading on the internet!  Just click here.)

       But, in any event, Ellery's stumble over the copyright rules was way back in 1944, right? Back then the first Sherlock Holmes stories were not even 60 years old. What about today? In 2015 almost 130 years separates us from the first Holmes adventure, A Study in Scarlet. So Sherlock should have squared his tweed-draped shoulders and marched into the public domain almost 35 years ago, right?  Well, not so fast. The Doyle estate has historically taken a different (and predictable) approach when it comes to counting those intervening years.

       As the quote at the top of the article points out, the “last bows” of the Sherlock Holmes stories were the ten final mysteries written by Arthur Conan Doyle between 1923 and 1927.  And, counting it up, the 95 year copyright on those stories has yet to expire  and won’t begin to for another three years. The Doyle estate has argued that a “fully rounded” (their words) Holmes and Watson arose only upon completion of the entire Doyle canon.   Thus, the estate argues, copyright protection continues until 2022, i.e., 95 years after the last story was published in 1927.  Pause and think about this:  The Copyright laws speak of a protection period running for 95 years from the first appearance of a character, but the Doyle estate argues that this in fact means 95 years from the last appearance of the character.  The argument sounds more like George Orwell than it does Sherlock Holmes!

       The Doyle estate implemented their concededly expansive view of copyright protection in a rather clever manner. The estate decided to charge $5,000 in licensing fees for every use of Holmes and Watson, reasoning that the amount, while substantial, was far less than the cost of subjecting the “fully rounded” theory to a test in litigation. So their assumption was that those wishing to write about Homes and Watson might grumble, but they would pay.  All went well with this approach until Leslie Klinger came along.

       Klinger co-edited an anthology of Sherlock Holmes pastiches and parodies in 2011 titled A Study in Sherlock: Stories Inspired by the Sherlock Holmes Canon. Klinger dutifully paid the $5,000 demanded by the Doyle estate before publishing that collection. But when he and his co-editors decided to proceed with a sequel, In the Company of Sherlock Holmes, they also decided that enough was enough and refused to pay for a license. The Doyle estate escalated the dispute, threatening to sue if publication occurred without a license. Klinger responded by suing the estate, claiming that Holmes and Watson were in the public domain and had been since 1982, that is, 95 years after A Study in Scarlet was published. As a result, Klinger argued, no license was required.

       A federal district court, and ultimately the Seventh Circuit United States Court of Appeals, eventually settled the matter. In May of 2014 the Seventh Circuit agreed with the district court’s decision and held that the Doyle estate’s argument was wrong. The court instead agreed, as Klinger had argued, that Sherlock Holmes entered the public domain, and became “fair game” for other writers, 95 years following the publication of the first Holmes story.

       But how does one handle the refinements to Holmes and Watson that occurred in those later stories, that is, the “rounding” of the characters on which the estate had relied? Well, the court answered that question by concluding that only Holmes and Watson as portrayed in the original series of stories by Doyle are currently in the public domain; that is, the characters as portrayed prior to 1923. And any subsequent nuances to the character  those “well rounded” attributes on which the estate’s arguments were based  remain protected by the copyright laws.

       How does this work in practice? Well, as Barack Obama, among others, has observed “a good compromise leaves everyone unhappy.” The estate doesn't get its $5,000, but the author of a pastiche nonetheless writes at his or her peril since the use of attributes only arising in the last 10 Holmes mysteries infringes the continuing copyright on those stories.

       The Seventh Circuit’s opinion only identifies a scant few areas in which Doyle’s characters became "more rounded” in the later Holmes stories that are still copyright protected: First, Holmes (apparently) likes dogs; Second, Watson was married twice. (On that latter point, I think W.S. Baring-Gould set the number of marriages at three, but I won’t argue the point  particularly without a license!)  So the “rounding” of Sherlock Holmes and Watson may be limited, but what does this rule mean for other characters who appeared in a series of works over the years?  Let us take, for example, my old friend Ellery Queen.

       Ellery’s earliest appearance was in The Roman Hat Mystery, which was published in 1929. Thus, all of the Queen canon is still copyright protected. But what happens in 2024, when the first appearance of Ellery reaches its 95th birthday and the canon begins its seriatim march into the public domain? Arguably under the Seventh Circuit’s reasoning Ellery can be used freely by other authors as of that date.  But beware:  Ellery better be wearing pince-nez glasses, and he might be advised to only employ a Duesenberg for transportation.  He should also have retired, with a wife and son, to Italy. All of those early aspects of Ellery disappeared by the middle of the Queen canon as Ellery Queen and the Inspector were "rounded" by Frederic Dannay and Manfred B. Lee.  In fact the first evidence of the Ellery of the latter half of the canon did not appear until about 1936, with the publication of Halfway House. So unlike Sherlock, there are unmistakable differences between early and late Ellery!

       And if all of this were not confusing enough, let’s throw into our copyright primer the fact that parodies of copyrighted materials, unlike pastiches, fall completely outside of the protection of copyright without worrying at all about the passage of time.  This exception to copyright protection is established and was famously re-invigorated in 2001 when the Eleventh Circuit held that The Wind Done Gone, a re-telling of Gone With the Wind from the perspective of the enslaved residents of Tara, did not infringe Margaret Mitchell’s copyright of the original story.

       So let us return again to Queen and see how that rule would work.  Well, apparently the great Jon L. Breen could have freely published his humorous short story mystery “The Lithuanian Eraser Mystery,” (EQMM March, 1969), in which “E. Larry Cune” solves a New York City theatre murder.  That story is a parody, no question.  Tongue is firmly planted in cheek.   But, by contrast, Breen needed a license in order to publish “The Gilbert and Sullivan Clue,” (EQMM Sept. 1999) since Ellery himself solves that theatrical-based mystery. And what about Francis Nevins famous pastiche “Open Letter to Survivors” (EQMM May, 1972), a story that, while clearly featuring Ellery, never in fact names him as the young detective? I asked Mike Nevins, a copyright professor himself, whether he secured a license for that story and his reply was that Frederic Dannay, then the editor-in-chief of EQMM, never brought up the matter one way or the other when the story was accepted by EQMM for publication.

       But back to Sherlock  when you see that new movie, Mr. Holmes, you might reflect on all of this, and what it can take to breathe new life into another author's character.   And think about the "rounding" of Holmes that had nothing to do with Arthur Conan Doyle  particularly Sherlock Holmes as portrayed in the movie and in Mitch Cullin's original pastiche.  As Holmes explains in each, part of his task in telling this story on his own, without Watson as narrator, is setting the record straight, removing the "excesses" of the Watson versions of his stories.  As an example, you will note that Sir Ian McKellen’s Holmes prefers cigars to a pipe. That “rounding” of the famous detective’s character has absolutely no precedent in the Arthur Conan Doyle canon, either before or after 1923. So at least when Sherlock enjoys his cigar we needn't go back to the Holmes canon looking for references that might prove significant for those pesky copyright laws.

       Come to think of it, a similar observation might be made concerning the title of this article.  Arthur Conan Doyle's Sherlock Holmes never once used the phrase "elementary my dear Watson!"

28 June 2015

Magic?


Rationality, that was it. No esoteric mumbo jumbo could fool that fellow. Lord, no! His two feet were planted solidly on God's good earth. 
                                                           Ellery Queen 
                                                          The Lamp of God
[W]hen you have eliminated the impossible, whatever remains, however improbable, must be the truth.
                                                          Sherlock Holmes (Arthur Conan Doyle) 
                                                          The Sign of the Four
Oh, oh, oh it’s magic, You know -- Never believe it’s not so!
                                                          Pilot 

       There's an unavoidable tension between logic and magic -- both in the real world and in fiction. In the realm of Science Fiction novels tend to fall on either side of a great divide -- fantasy (where magic reigns) and classic sci/fi, where logic and science rule. The same riven appears on the mystery side of the ledger -- magic and the inexplicable may be the rule in ghost stories and tales of the paranormal, but in the area of classic mysteries there is an unspoken compact between the author and the reader -- all must, in the end, be explained in logical terms. And for the hard-core mystery reader, the joy of the story is derived in large measure from attempting to discern the answer, the logic behind the madness, the man behind the curtain, before the author reveals not only whodunit, but how. If the room is locked, we expect to know how the crime was accomplished; if there was a dying message, well, it better be explained in the end. 

       Sometimes, however, there are occurrences in real life, let alone fiction, that defy logical analysis. And often that is what we brand as magic -- a conundrum that has yet to be cracked by science. So viewed, magic is a place-holder, utilized while we figure out what is actually going on. And, as Arthur C. Clarke wrote, “any sufficiently advanced technology is indistinguishable from magic.” 

       In one of Ellery Queen’s eeriest and most atmospheric stories, the novella The Lamp of God, a house in the forest disappears overnight.  Of all of the Ellery Queen mysteries, with the possible exception of And on the Eighth Day, Lamp of God is, in my view, the strangest.  The setting is other-worldly, the characters a bit surreal and the mystery itself seemingly inexplicable,  Right up until the end the reader suspects that there may be something supernatural going on.  But since this is an Ellery Queen story, we also know going in that a logical solution, “however improbable,” will eventually be served up.

       Other writers have crafted logic-based mysteries that also deal with the inexplicable and that sometime leave those aspects of the mystery, well . . . unexplained. In Tana French’s recent novel The Secret Place, the chief mystery is logically solved, but an underlying supernatural sub theme is explored but never resolved. In Sue Gruen’s latest At the Water’s Edge, we again have a mystery that is solved but we are still left to grapple with the possibility of of a real-life Loch Ness monster.   And just who, or what, is "the little stranger" in Sarah Water's book of that title?

      So, what about those troubling aspects of the world that we can’t quite explain? Well, in the "real"world that’s where the argument between logic and the paranormal escalates. Take for example Extra Sensory Perception. In a “How Stuff Works” article author Tom Harris frames the ESP debate succinctly:  
When all is said and done, we simply don't know whether ESP exists. Given what we do understand about the way physics operates in the universe, ESP doesn't make any sense, but this is not a valid reason to rule it out. In the history of mankind, thinkers have reevaluated their model of the universe many times in response to new evidence. The scientific process is never about deciding what can't be; it's always about figuring out what is.
Joseph Banks Rhine testing for ESP at Duke University
        But applying scientific principles and logic to determine whether ESP exists -- and how it works -- has proven to be a daunting task. Back in the 1930s a Duke University Professor, Joseph Banks Rhine, teamed with Zenith Radio Corporation in one of the earliest large scale tests of ESP ever conducted. Zenith assembled a panel of individuals who had arguably demonstrated some degree of psychic ability, and directed those "experts" to agree on a sequence of five Xs and Os that they would then collectively attempt to mentally transmit to the radio audience. The audience was then instructed to write down what they thought the sequence was and to send their answers to Zenith.

       Amazingly (or so it seemed) the largest block of listener responses identified one of the precise sequences agreed upon in advance by the Zenith panel. Based upon this Zenith issued a press release trumpeting that it had proven that ESP exists since the number of correct responses was far greater than that which could be attributed to coincidence. 

       So -- it’s magic! Ahh, but not so fast. It is at this stage that the story’s detective makes his entrance. Not Sherlock Holmes, nor Ellery Queen, but instead a young psychologist named Louis Goodfellow. Not content with leaving the answer “inexplicable,” Goodfellow undertook his own study aimed at determining whether there might be a logical explanation for the results of the Zenith experiment. And, as it turned out, there was a credible scientific explanation for the those results. 

       The string of Xs and Os sent out “telepathically” by the Zenist panelists that was most successfully “identified” by the radio audience was “X-X-O-X-O”.  But when Goodfellow tested responses from the general public he found that when asked to provide a random array of five Xs and Os over 30% responded with precisely that sequence. (Indeed, fully 78% of responses always picked “X” as the first choice in the string).  So the sequence identified had nothing to do with the sequence "transmitted."  From this Goodfellow surmised that the largest number of respondents picked the sequence for reasons that had nothing to do with ESP. Rather, the results simply reflect a universal inability of humans to generate truly random responses, a fact that has led to the formulation of a number of theories aimed at explaining the otherwise inexplicable. One such theory is The Law of Small Numbers, which posits that in our quest for randomness we incorrectly are driven by the supposition that small sets of numbers will be as random as larger sets. This leads us to expect an array that is shuffled. 

       As an example, it is a safe bet that in a test such as that administered by Louis Goodfellow virtually no one, when asked to choose a random sequence will select “O-O-O-O-O” or “X-X-X-X-X,” even though these possibilities are as randomly-likely as any others.  Instead, we approach the question with pre-determined prejudices, and therefore simply find it hard to believe that such a sequence will occur randomly even though, as Goodfellow pointed out, the likelihood that five seriatim coin tosses would all be heads is only 1 in 32.  In other words, statistically it would not be all that unusual, and should in fact occur roughly once every 32 times such a sequence of tosses is attempted.  In short, a large number of people will always gravitate to the sequence X-X-O-X-O because that sequence “feels” random. 

       So logic prevailed -- the response by the audience to the Zenith experiment varied not on the ESP abilities of the listeners, nor on the psychic abilities of the panel, but rather based upon whether the specific sequence chosen by the panel matched one that most people were likely to choose as “random” on their own.  And since the bias of both the panel and the recipients, all of whom were human, are shared, it is only logical that the same percentage of each group would pick sequences that feel random.

       Science fiction writer William Poundstone, in his book Rock Breaks Scissors explores some of the ramifications of Goodfellow’s findings: “It basically demonstrated that a lot of the little everyday decisions we make are incredibly predictable, provided you've got a little bit of data to work from.” A real life example from Poundstone’s book -- if you are playing “Rock, Paper, Scissors,” and your opponent is a male, try choosing “paper.” Why? Well more times than not men have been shown to choose “rock.”

       Magic? Nope. Just observable, predictable and documented, human behavior. According to Poundstone “it's not so easy for a person to make up a random sequence. . . . When people try to do that they fall into certain unconscious patterns, and these patterns are really very similar for everyone." Anyone who watches the pop-up ads on their laptop knows there are some sophisticated deductions being made about what each of us might be interested in purchasing.  As Poundstone also observed, Goodfellow’s conclusions on predictability have “become a very big business today, needless to say.”

     Here is another predictability trick, one that I first encountered 50 years ago when I was in junior high. On a piece of paper write the following: “Why did you choose carrot?” Fold the paper so that the writing cannot be seen and then hand the paper to someone, telling them not to unfold it. Then do the following: 

       First pause, then slowly say “Listen to me carefully, do not ask questions.” Pause again and then ask “What is 5 plus 1?” Wait for the answer. Then ask “What is 4 plus 2,” “What is 3 plus 3,” “What is 2 plus 4,” and “What is 1 plus 5.” Each time wait for the answer and then immediately proceed with the next question. 

      Then immediately ask your subject to say the number “6” 10 times, as rapidly as they can. 

       After they have said “six” for the tenth time immediately ask them to “Name any vegetable.” 

       Nine out of ten times your subject will say “carrot.” When (if!) they do, tell them to unfold the paper in their hand and read it. 

       Magic? Likely not. There is some predictable and shared mental attribute that triggers the same response in a large number of us. Okay, (the mystery reader asks) but how does it work? Apparently no one is really sure. A check on the internet reveals a lot of pondering spread over the 50 years since I first encountered this trick, but no reliable theories. It has been speculated, for example, that perhaps the answer “carrot” is prompted by the fact that the word contains six letters. But apparently the vegetable that is picked the second most is broccoli, so go figure. 

       Swinging back to where we started, how does all of this relate to magic versus science in mysteries? Perhaps it comes down to this: In our choice of fiction are we looking for certainty or the inexplicable?  Do we read fantasy, or do we read science fiction?  When we read Stephen King do we like The Stand, The Shining, or It, where the paranormal reigns, or do we like Mr. Mercedes or Finders Keepers, where none of that resides.

       The Zenith ESP experiment is explainable enough that it fits into the closed world that usually comprises the mystery genre. One can picture Ellery, Sherlock or Hercule offering up the Louis Goodfellow explanation, even though that explanation also leaves some questions unanswered. 

       But I’m not sure about that carrot. I’m still sitting here, years later, waiting for a credible explanation for why that one works. 

       Abrakadabra!

                                  *       *       *       *       *       *       *       *       *       *       *

       The foregoing text was intended to be my entire article for today.

       I usually avoid wading into the political arena, but after the events on Friday, played out in rainbow hues throughout Washington, D.C., I am going to succumb to temptation.  Hence, this postscript.

       Those keeping track of my articles over the years may have noted my penchant for beginning many with set-up quotes. (See, e.g., above!) This time I’d like to also end with two quotes. 

       The theme today has been the distinction between magic and reason, and the phenomenon that often that which is beyond our abilities to explain is labeled “magic” as an expedient for the fact that we can’t otherwise explain what is happening in the world around us. Sometimes things are inexplicable even when we exert diligent analytic efforts. But sometimes we just allow things to be inexplicable out of sheer laziness, or because we would rather not take the time to figure out what is really going on. So, in honor of that latter group, those who self-contentedly label something “magic” and then move on without further inquiry, I offer the following quote
I have to admit that I’m one of those people that [sic] still thinks the dishwasher is a miracle. What a device! And I have to admit that because I think that way, I like to load it. I like to look in and see how the dishes were magically cleaned.
      Thank you, Justice Clarence Thomas, for explaining so clearly the intellectually myopic wherewithal you bring to the task of analyzing the world around you.  And here is the latest example of Justice Thomas' reasoning, taken from his dissent in the gay marriage case:
[H]uman dignity cannot be taken away by the government. Slaves did not lose their dignity (any more than they lost their humanity) because the government allowed them to be enslaved. Those held in internment camps did not lose their dignity because the government confined them. And those denied governmental benefits certainly do not lose their dignity because the government denies them those benefits. The government cannot bestow dignity, and it cannot take it away.
       What????

       This is what you get when someone who thinks dishwashers are magic is given the job of determining the Constitutional protections that are to be accorded to all others.  I am always heartened when the views of Justice Thomas (or Scalia or Alito, for that matter) concerning the reach of the Constitution are consigned to dissenting opinions.

Colin Black Andrews and Kyle Hartwig
At the White House -- June 26, 2015




02 June 2015

Best Of Times/Worst Of Times (Writing)


Linda Landrigan, Editor of AHMM, Me, and Janet Hutchings, Editor of EQMM at FUN Dell Party
The best of times

I'm very happy to announce that the current (July) issue of Ellery Queen Mystery Magazine carries a story of mine. It's titled "The Walking Path" and demonstrates how exercise is not always conducive to good health or a long life. As is common in many of my tales, the protagonist misreads events unfolding around him which leads to a surprising, though not very pleasing (for him, at least) end to his outdoor pursuits.

The theme of missed opportunities and misunderstood relationships also features in the following month's issue in a story called, "Mr. Kill-Me". The poor fellow conjured up in this tale cannot for the life of him understand why he's being stalked. His antagonist, a shabby cyclist who keeps showing up at unexpected moments, offers him no threat of violence, but is insistent that our hero kill him.

The month following (yes, it's been a very good year– see first half of blog title) I change pace with a police procedural in which a detective must come to terms with his own actions of nearly fifty years before. This novella is titled "Happy Valley". Counting "Her Terrible Beauty" that was in the March issue, that makes four stories in EQMM in a single year– a first for me. Still, I pose no threat to the late, great Ed Hoch's prolific output, or that of our own Edgar-Nominated John Floyd. Speaking of whom, I had the pleasure of meeting John, and his lovely wife, at the Dell soiree in New York this year. The only fault I could find with the man was his overbearing height, other than that he was just as charming and intelligent as we've all found him to be through his SleuthSayers articles. Still, I'm disappointed with his insufferable tallness.

A Less Fun Party
The worst of times

Since the fall of 2012 I've had three novels published, none of which have thrived. If I called a summit meeting of everyone who had read any of them I could probably forego renting a hall and just have them convene in my living room. Even there, I'm not sure that anyone would have to stand during the meeting. I find this a little distressing. My intention in writing the novels was that someone would read them. You can see my frustration here.

Part of the problem is that none of them have received very much publicity. Small indie presses have no funds for advertising it seems. The big corporation boys do, but only if you're already famous, which presents a conundrum for such as the likes of me. The other part of the problem (and this is the part I like even less than the first) is that I may not be very good at writing novels. I especially don't like this possibility because it doesn't allow me to blame anyone else. When I was occasionally asked what I did as a chief of police, I would always fire back, "I find out who's to blame and pin it on them. Now get out of my office!" My wife claims that I still do this as a private citizen. I tell her that it's paramount to blame those responsible for any faults I may possess, then tell her to get out of my office. She does not comply. I find this distressing as well.

So there you have it, the best and the worst. In case I've raised anyone's hopes that I will never write another novel, you must not know me. I'm already taking another stab at the beast and am on page 125 after only a year's labor. It's titled, The German Informant, and is coming along, though I doubt it will fare any better than the others. On the days I find the going tough, I blame the neighbors for all the distractions. If it weren't for them it would be done already!

In closing, and in order to refill the glass to half-full, I want to take a moment to thank a number of fellow writers who have been particularly kind and supportive in recent months: Brendan DuBois, Doug Allyn, Joseph D'Agnese, Don Helin, Lou Manfredo, Art Taylor, Fran Rizer (whom I miss from this site) and my fellow SleuthSayers, Dale Andrews and Eve Fisher. Each of these extremely talented and busy writers have taken the time, and in some cases, expended considerable effort, to aid or support me in my literary pursuits. I am in your debt, my friends, and honored to be so. Below is a copy of the aforementioned EQMM issue. You will find my name next to that of Joyce Carol Oats, a pretty good writer who I think shows real promise. I hope this fortunate pairing boosts her career.

12 May 2015

Mariel– The Story, Part II


by David Dean

As promised in my last piece, here's the conclusion of "Mariel" (Originally published in Ellery Queen Mystery Magazine's December 2012 issue):

Mariel


That night, as Mariel lay awake in her bed, she contemplated her efforts to date at exposing Ripper’s murderer and was bitterly disappointed with the results. Though occasionally blessed with flashes of innovative vigor, her intellectual resources had been sorely taxed by the whole affair. She stared blankly out of her curtain-less window and thought of almost nothing.

The backyard was bathed in the cold illumination of a full moon that created black and white etchings of once-familiar objects. Ripper’s empty chain-link pen was captured near-center frame of her nocturnal reverie, its gate standing forlornly open, forever awaiting his impossible return. A spill of shadow ran like blood from the dog house and onto the brilliant concrete pad it rested upon.

Mariel felt her eye lids grow heavy, while above her the ponderous footsteps of her mother measured the distance from her bathroom to her bed. This was followed by a groaning of bedsprings and a loud yawn; then silence descended over the household. Outside, something glided soundlessly from out of a tree, only to vanish within the greater shadows of the forest. Mariel’s eyes began to close.

As she was drifting off, she saw something moving stealthily along the darkened tree line that formed the natural boundary of her yard. As she was often a nocturnal traveler herself, this did not, at first, alarm her. Mariel had spent many a night prowling Crumpler Lane and its environs, and had on more than one occasion allowed herself into the homes of their neighbors using emergency keys that they had thought were cleverly hidden within flower pots and beneath paving stones. In fact, her midnight forays and cool boldness had become something of a neighborhood legend.

This had been several years before however, shortly after the loud divorce of her parents and the twaining of her family into a Mother-Daughter/Father-Sons arrangement. Mariel had hoped that she would discover that her brothers were simply sleeping over at some neighbors’ house but never seemed able to catch them at it. When the state’s child services were brought in, her mother took drastic action and placed a latch on Mariel’s bedroom door.

She watched dreamily as the figure detached itself from the shadows and emerged, glowing, into the moonlight. The man looked familiar, but the bright, ghostly light only served to erase his features. He glided across the littered lawn of her back yard in a direct line with her bedroom window and a small, shrill alarm began to sound in Mariel’s head. She struggled to come fully awake and sit up.

The man disappeared from view as he reached the wall of her house and for the first time sound entered into the hushed scene. Mariel heard the scrape of something metal and remembered the rusty ladder that lay beneath her window. She had not needed that ladder since her mother ceased locking her in at night and it had lain, discarded and forgotten, until now, in the rank grasses of her backyard. It was this sound that set her in motion.

Sitting up, fully awake now, she slid noiselessly from her bed and began stuffing her pillows beneath her blankets. Once done, she dropped to her hands and knees and began to crawl to the closed bedroom door. It had been some time since her mom had locked her in and she hoped that she had not done so this night.

Behind her a head rose cautiously within the frame of the window. Mariel froze as soon as she saw its elongated shadow begin to crawl up the opposite wall, then, ever so slowly, lowered herself into the welter of dirty clothes and discarded dolls and toys that formed the tangled landscape of her room. She sank from sight within the camouflage of her own environment.

Peering out from beneath a damp towel that she draped over her head, Mariel saw the silhouette swivel slightly; then focus on the lumpy bed revealed in the moonlight. For several moments the scene remained frozen in this attitude. Then the window began to squeak like the tiniest of mice.

Mariel knew that she could call out to her mother and perhaps, if she had not had too much to drink, awaken her to the peril she faced. But this was not part of Mariel’s rapidly forming plan.

Instead, she snaked an arm upwards for the doorknob. With any luck she could ease herself out into the hallway as the intruder made his way into her room, then…use the latch that she, herself, had been confined with so many times before. As for the window, she had simply to race around to the back of the house, tip the ladder over and he was caught like a rat! Then, and only then, she would yell bloody murder! Wouldn’t everyone be surprised at what she had accomplished? Mariel began to grin beneath her covering.

She found the doorknob and began to turn it. From behind her came the hiss of clothing sliding over the window sill followed by a soft thump. Things were happening a little faster than she had planned and so she tried to hurry a bit more. She could hear her own breathing as she slithered into the opening she was making.

Then Sailor began to hiss and yowl, only just now deciding that this stranger in his room was not welcomed. Mariel looked back over her shoulder, she had completely forgotten Sailor.

The cat had been a gift to her mother from a former boyfriend who had worked on a clamming boat, hence the name, ‘Sailor’. Naturally, he took up with the one member of the household that cared nothing for him—however, Mariel was not above putting him to good use.

Without a word, she sprang to her feet and snatched the fat, orange cat from the nest he had created within her bed coverings. With a screech of protest he was suddenly airborne in the direction of Mariel’s would-be assailant, his claws fully extended in a futile attempt at air-braking.

When the two met, it was the nocturnal visitor’s turn to vocalize, as he screamed like a woman in labor, whether from pain or terror, Mariel could not know. From above there was a great concussion as her mother’s considerable bulk was set suddenly in motion.

Mariel, consigning Sailor to whatever fate awaited him, flew for the door once more, slamming it behind her and latching it all in one movement. A tight smile appeared on her chubby face as she raced for the back door, even as her name was loudly heralded with her mother’s rumbling approach.

Tripping over the uneven doorsill, she spilled clumsily into the silvered yard just in time to see the intruder fling himself from the ladder and begin his headlong flight. She had not been fast enough! Her disappointment rose like bile in her mouth. But even as her mother blocked the moon from view and began to scrabble at Mariel with sweaty, fleshy hands, she noted with some vindication that her enemy had fled in the direction of the cul-de-sac.



The Sheriff’s K-9 unit tracked the burglar unerringly from Mariel’s window to Mister Salter’s back yard, the scent leading them directly into Bruiser’s territory. There, the sleepy, overfed dog, alarmed by the night’s doings, and mysteriously free of confinement, managed to engage the interlopers in a snarling, slobbering, snapping exchange of canine unpleasantness. In the end, he was re-incarcerated, but not before thoroughly spoiling the search. Mariel knew all of this from eavesdropping as the officers briefed her mother in the living room.

When the policemen asked Mariel if she had gotten a good look at the man that had made his way into her room, she studied the dirty knees of her pajamas for several moments as if thinking very carefully, then mumbled, “I think it was Mister Salter.” Though she had never really gotten a good look at her assailant, Salter appealed to both her logic and sense of justice based on both the dogs’ tracking and the fact that she liked him the least of anyone in the neighborhood. The officers glanced meaningfully at one another after her pronouncement, then departed to invite Mariel’s neighbor to accompany them to the station for further questioning.

After they had left, Mariel had a very difficult time falling to sleep—it had been a very exciting evening. When, at last, she did drift off, it was with the pleasant sense of a job-well-done, mission accomplished.



As the following day was Sunday and Mariel’s night had been a long one, her mother allowed her to sleep in well past noon. When she did awake it was with a ravenous appetite and an equally fierce curiosity about the results of her efforts on the neighborhood-at-large. It seemed to her that an act of such magnitude would result in seismic changes on Crumpler Lane. So after two heaping bowls of frosted cereal and a glass of chocolate milk, she mounted up and set off to reconnoiter her domain.

The day was bright and fine, but as it was mid-autumn, the sun remained low in the sky and a distinct chill could be felt through her inadequate windbreaker. Racing down the lane, she swerved to drive through all leaf piles that awaited pick-up, scattering the labor of her adult neighbors with her willful passage. When she arrived at the Salter household she did it twice, and then rolled to a halt one house away to watch for any outrage.

None was forthcoming. The house remained closed and silent. There were no cars in the driveway either, and Mariel imagined Mister Salter’s wife and teenage daughters down at the police station weeping and pleading for his freedom. She felt confident that the cops would pay them no heed and might even arrest them as well because they were related to him. She smiled at this thought, though she had hoped to be the unmoving object of their pleas herself.

Mariel heard a stealthy footfall behind her and, without sparing a look, began to pedal quickly away.

“Mariel,” A voice called to her softly…urgently.

After placing a safe distance betwixt herself and the voice, she spun around to see who had called out to her. It was Mister Forster.

He stood uncertainly by his mailbox, which was entwined in ivy. He smiled weakly at her and said, “I was trying not to startle you…sorry.”

Through the near-skeletal trees behind him the cold disk of the sun peeked through. Mariel waited.

He nodded his neat head at the Salter home. “What a ruckus last night, huh…police and everything…goodness, I didn’t know what was going on around here.”

Forster stopped awkwardly. Mariel watched his face and noticed that he had whiskers today.

“Scared the hens nearly to death, I can tell you that! They don’t like a lot of commotion. Of course, I’m not telling you anything you don’t already know.” He glanced slyly at the Salter residence, then asked, “What did happen last night? I figured if anyone knows what went on it would be you. You’re our neighborhood policeman…er, woman, that is.”

Mariel felt her chest expand with pride. “Come on,” he waved her forward, “we can feed the hens while you tell me all about it.”

Forster turned and began to walk back up his drive without a backward glance and Mariel followed. When they reached the back yard he took up a pan of feed and handed it to her and she began to scatter it for the hens. Within moments they were busily scratching away at the soil around her feet.

“So what did happen, Mariel?” Forster asked after a period of contented quiet.

Mariel felt herself beginning to smile and tried to suppress it. “Mister Salter came in my room,” she managed by way of explanation, while gauging her chances of seizing one of the glossy black hens.

“He did?” Forster gasped. “Why on earth would he do that?”

Mariel’s small lips twisted uncomfortably. “Don’t know,” she said at last.

“Hmmm,” Forster hummed, then added, “Maybe he was trying to steal something…what do you think?”

Mariel shrugged and said nothing. The pale sun, sinking ever lower, cast lengthening shadows across the wooded back yard.

Forster leaned toward Mariel and asked in a confidential tone, “You haven’t told anybody about that necklace, have you?”

Mariel’s small, pale eyes flashed up and back down again, then she shook her head causing her curls to bounce in agreement.

“Good,” Forster assured her. “That’s very good…not even your mom, though?”

Again she shook her head.

“How about some hot cocoa, what do you say? It’s getting chilly out here and the hens will be alright for a while.” Again he turned and walked away from Mariel without looking back. At the top of the steps he held the door open for her and patted her on the shoulder reassuringly as she passed within. Mariel felt his fingers run over the necklace beneath her pullover as the slightest pressure—a fly walking across her neck.

He crossed to the stove where a kettle was already pumping steam into the fussy, over-heated room. “Lot’s of sugar?” he inquired brightly.

Mariel nodded enthusiastically even as small beads of sweat formed along her hairline—the heat was a palpable force. There was also a peculiar, not altogether pleasant, smell in the house.

“Sit…sit,” he waved at the round table that was placed within the arch of the bow window. Between the gingham curtains Mariel could see the back yard with its chicken coop and the darkening woods beyond. Ripper flashed through her memory and then was gone.

“It’s for the birds,” Forster called to her as he spooned cocoa mix into a mug and poured the hot water. “They can’t take the cold, you know…the songbirds. Most of them are from South America.” He swept an arm toward the ceiling of the room and Mariel saw them for the first time: dozens of cages mounted at various levels within the kitchen and continuing on into the rest of the house. Forster whipped off the parka he had been wearing and slung it onto a nearby chair. He wore a tee-shirt beneath as mute testament to the hot-house atmosphere of his home.

“They’re always quiet when a stranger comes in…but they come around when they get used to you.”

As if on cue, first one, then another, began to sing and the house soon filled with their tropical chorus. Mariel thought she had never heard anything so beautiful and rose as if on strings. She gripped the cage nearest her and peered in at the tiny, vibrant creature. The colors of its plumage, brilliant blues and reds, shimmered with the rise and fall of its delicate breast. Forster was still busy making the hot chocolate, taking far more time at it than her mother ever had, and Mariel lifted the little latch to its cage to reach in and…

“Don’t!” Forster screamed, spilling some of the cocoa from the mug he had in his hand. “Don’t touch them, Mariel!” The birds, all of them, went instantly silent.

Mariel started and drew her hand back but not out. It was not her nature to surrender the initiative without good cause. The tiny bird regarded her sticky, chubby fingers without alarm.

“They’re very delicate,” he added, while looking for an uncluttered surface to set the mug down on, then added under his breath, “Not that you would know anything about that, you little Neanderthal.”

Mariel didn’t know anything about that, nor did she know the meaning of the strange word he had used, but she did know when she was disapproved of, this was something of which she was keenly aware. But of far more importance, she recognized Sailor’s handiwork from the night before.

Forster caught her gaze and looked down at the long, festering scratches that ran down his arms, then back up at Mariel. “I despise cats,” he hissed very much like one. His pupils shrank to tiny dots as his neck tendons distended. “I just wanted the necklace, Mariel…that’s all. I have my reasons, as I’m sure you know.”

Mariel said nothing and the room filled with a thick, clotting silence.

Forster nodded, as his face rearranged itself into something less savage. “If you give it to me now, we can still be friends,” he promised quietly, “you can still have your cocoa. It’s just that the necklace is important, it might be recognized if you wear it around. It’s not really worth anything otherwise…it’s cheap, paste jewelry…something a whore would wear—something a whore did wear.” He set the mug carefully down and took a sudden step across the slight distance that separated man and child.

“You killed Ripper,” Mariel pronounced clearly, seizing the songbird with surprising rapidity.

Forster froze in mid-step. “Don’t,” he gasped, even as he watched the bird’s tiny, futile struggles within Mariel’s pudgy grip. “Please…don’t.”

Mariel withdrew her fist with the bird firmly in her control. Backing up to the door, her sweaty free hand groped for the handle while Forster watched her every movement, his eyes sliding back and forth as the heat-swollen door resisted her efforts.

As she turned slightly to gain more leverage, he eased a step closer, taking advantage of Mariel’s distraction, his long fingers reaching out for her nest of curls.

Mariel’s fist shot up, the tiny head of her captive swiveling this and way and that in its panic, it’s black, shiny eyes blinking and blinking.

“Okay,” Forster halted once more, his hands coming up palms outward, “okay, please…please, don’t hurt him, Mariel…please.”

At last, she succeeded in throwing open the door to the outside world letting a cold wind rush through the stifling kitchen.

“Maybe,” she answered enigmatically backing out onto the porch, her eyes never leaving his as she pulled the door slowly closed behind her. The latch snapped into place like a hammer blow in the now-silent room. From the porch Forster heard a muffled giggle and the sound of clumsy footsteps.

He took a long step, then had to grasp the edge of the table to keep from falling, his legs grown too weak to support him. He slumped down onto the nearest chair. After several moments there came the ratcheting of a bike bell. “Oh God,” he moaned into his hands, “Oh God, what am I going to do?”

Finally, as his breathing quieted, he looked up and around him as if just awakening. Lifting the mug he had prepared for Mariel, he drank its contents down in one scalding gulp, then walked from room to room turning on every light. All around him the air began to fill with the song of a new and sudden day.

Returning to the kitchen he resumed his seat at the cluttered table, and after a while, sagged tiredly forward, laying his head to rest on the place mat. As his eyelids began to flutter his breathing grew very rapid and he began to pant like a dog, perhaps like Mariel’s dog, he thought. Then, suddenly, it slowed once more to become reedy and shallow. Trying to lift a hand to reach out for the empty bird cage, he smiled and muttered, “The speech of angels…the language of God.”
From other rooms his choir sang on.



Though Mariel had been successful in keeping the necklace a secret, the song bird proved another matter altogether. Between its near continuous song celebrating the unfettered freedom of Mariel’s bedroom, and Sailor’s constant yowling and scratching at her closed door, the secret was soon out. The following morning Mariel’s mother discovered the colorful little creature flitting happily about Mariel’s room, leaving its droppings wherever they happened to land. Neither she nor Sailor was amused.

Remaining mute in the face of interrogation as she always did served no purpose in the end, for her mother had heard from other mothers on the street about Mr. Forster’s fussy relationship with birds. An unsettling suspicion began to dawn on her.

Snagging the contested bird within the worn fish net from an old forgotten aquarium, she confined it within a perforated bait can left behind by her ex and set off down the street. Mariel followed on her purple bike at a distance, silent, resentful, and slightly fearful, but curious for all that.

When Forster failed to answer her repeated knocks, Mariel’s mom marched her formidable bulk to the rear of the house where she found his hens scattered about the yard and far into the woods. Upon seeing her they stormed forth with hungry shrieks. Ignoring them she mounted the rear steps, grunting with each, to peer in through the glass of the back door. Forster sat slumped at his table and would not respond to her repeated poundings. An empty mug with a teddy bear painted on it rested next to an outstretched hand. As keen as her daughter, the long scratches that festooned his bare arms did not go unnoticed.

Turning with a gasp, she swept back down the steps, through the now-fleeing hens, and back up the street to her home, carrying Mariel in her wake by force of will and dire threats. The police responded within minutes of her call.



Mister Salter was released from custody with a muted apology from the police, even as Forster was bundled away for autopsy. It appeared Mariel had misidentified her assailant in the darkness, a common enough mistake even for an adult. For his part, Salter threatened lawsuits all round.

As to Forster’s motive for breaking into Mariel’s bedroom, the general consensus was the obvious one. But as he was dead, the matter was laid to rest with his body.

Mariel, as a reward for her brave defense of herself, was allowed to keep the bird, and though it was not a dog, she was very satisfied with the exchange. As for the necklace, she continued to keep it a secret from her mother and wore it only when out of the house. Ripper, forgotten in all the excitement, remained in his shared and secret grave, an arrangement that also suited Mariel, as she had no wish for her possession of the necklace to be challenged in any way.

The End