Note: On the
15th of every month for way too many years now this space has presented
an article related to Our Favorite Lawyer. But I have resolved to run reviews of
the Cool and Lam novels that Erle Stanley Gardner wrote under his pen name.
The Bigger They
Come - A. A. Fair
This smart, fast-paced mystery from 1939 was the first of
30 novels starting the private eye team of Bertha Cool and Donald Lam. They are
a study in contrasts. Bertha is large, loud, abrasive, and shrewd. Donald is
small, subtle, and quick-witted. Bertha is a hard-charging penny-pincher and
doesn’t care she’s in a business chock full of male lunkheads on both sides of
the law. Donald is an ex-lawyer, disbarred for ethical violations by the
persnickety bar association in California. Bertha and Donald are both devious and mean. As for unscrupulous, Donald is, a little, and Bertha is too, a whole lot.
With no qualifications except knowledge of the law, a way
with people, and cleverness, Donald is hired by Bertha as an operative. His
first assignment seems straight-forward enough: locate a missing husband and
serve divorce papers on him. Going beyond the call of duty, however, he gets that
job done by disguising himself as a bellboy. Though Bertha warns him not to
obtain a gun, he gets one anyway but the weapon ends up being the gun that
killed a police detective in Kansas City. A brunette falls in love with him and
we read a hot make-out scene we’d never find in a Perry Mason novel. It’s a
busy first-day at work indeed.
There are two set-pieces that the reader feels Gardner
wanted to get off his chest. After he serves the papers, Donald is kidnapped by
gangsters and worked over brutally though they are careful not to break
anything in the way of teeth or bones. Donald impresses them with his
courageous refusal to spill. As the beating was only business, nothing
personal, they help him clean up, give him some clean clothes, and give him a
ride to his rooming house. A mug gives him advice on how to fight in a “voice
holding a note of impersonal boredom as though he’d been softening people until
it had become a routine chore, and he felt aggrieved about being called upon to
perform it after five o’clock.” Gardner wrote for pulps so one feels in a novel
he had the urge to stretch out and portray gangsters less as ravening beasts in
human guise and more as professionals just getting on with a job.
Gardner may have been consciously blowing up stereotypes
with the characterization of Bertha Cool. For instance, our heroes locate the
house where Donald was beaten. The crime boss figures they show up to exact
revenge. Bertha demonstrates her unladylike callousness:
“Nuts,” Mrs. Cool said. “We’re
not wasting time over that. You beat him up — it’s good for him — toughen him
up some. Beat him up again if you want to, only don’t leave him so he can’t go
to work at eight-thirty in the morning. I don’t give a damn how he spends his
evenings.”
Another set piece the reader feels Gardner felt impelled
to write involves Donald’s run-in with the police and a deputy district attorney
which results in him being jailed for a couple of days. Suffice to say, while
Gardner felt that citizens should cooperate with the police when the situation
calls for collaboration, he also thought that taxpayers ought to have no
illusions about overbearing cops, police abuses, interrogators’ fatherly tones,
prosecutorial misconduct, and civic corruption. In many of his novels he
reminds us not to talk to the police without legal representation. The minders
of the criminal justice system have done what they do with persons of interest hundreds of times; the
little guy like us persons of interest has never mixed with the cops. Who holds the winning cards in this situation?
Anyway, in the somewhat breathless final third of the
novel Lam dramatically proves his original hypothesis that it is possible to
legally get away with murder by using himself as an experimental subject and
the guardians of the criminal justice system as research assistants. This
true-to-life loophole in California law was not shut tight until 1966.
Told in Donald’s lively first-person voice, this story
has the elements of pulp fiction but not noir fiction. Noir fiction has
psychological elements of distress and
self-loathing which are not in evidence in this story. It took World War II,
the most destructive war in history, for noir to get as jittery and alienated
as In a Lonely Place. The violence of
the beating scene in this novel is not sociopathic, but played very dryly, as
all in a day’s work.
More than in the
manner of Perry Mason tales, the tone of Cool and Lam novels is hard-boiled in
the sense that characters and readers too are assumed to be tough-minded,
clear-eyed, unsentimental and cynical, wise to the world of hard knocks the
Depression made, one where you had to be thick-skinned and mean.