Wed 3 Dec 2014
Mike Nevins on JURISCINEMA, ARTHUR TRAIN, REX STOUT and More.
Posted by Steve under Authors , Columns , Obituaries / Deaths Noted[11] Comments
by Francis M. Nevins
Usually this column deals with work by others: novels, stories, movies, whatever. This month, for starters anyway, it deals with me, or more precisely my latest book. Judges & Justice & Lawyers & Law is a hefty tome that brings together various pieces I’ve written over the past quarter century on law-related fiction, films and TV.
I admit up front that a few of the book’s chapters, for example the one on “Telejuriscinema, Frontier Style,†have nothing to do with the detective-crime genre, unless you include in that genre all sorts of TV Western series from The Lone Ranger and The Cisco Kid to Kung Fu.
But many of the pre-Production Code movies that get picked apart in “When Celluloid Lawyers Started to Speak†belong to the genre in one way or another — even if I eccentrically insist on calling them juriscinema — and there are long individual chapters on Melville Davisson Post, Arthur Train and Erle Stanley Gardner, the lawyer storytellers who dominated what I eccentrically insist on calling jurisfiction from the tail end of the 19th century until Gardner’s death in 1970.
There’s also a chapter on the three versions of the Cape Fear story, beginning with John D. MacDonald’s 1958 novel The Executioners and proceeding through the two vastly different movies called Cape Fear: the 1962 picture with Gregory Peck and Robert Mitchum, and Martin Scorsese’s 1991 remake with Nick Nolte and Robert DeNiro.
Also included are my takes on the fascinating if almost completely unknown court-martial film Man in the Middle (1964), with Mitchum playing a sort of Philip Marlowe in khaki, and on the equally obscure The Penalty Phase (1986), one of the last films directed by Tony Richardson, with Peter Strauss starring as a liberal judge faced with the nightmare of having to release a psychopath who raped and murdered seventeen young girls.
The publisher of this volume is Perfect Crime Books, which also put out my Ellery Queen: The Art of Detection (2013), and I see on the Web that it’s been submitted for Edgar consideration to MWA.
Did anyone notice? In the previous paragraph I referred to Arthur Train (1875-1945) as a lawyer storyteller but not as an author of crime or detective stories. Why? Because Train himself insisted that he didn’t write in that genre and had little interest in it. But many of his stories about attorney Ephraim Tutt and his entourage have to do with trials for murder or other serious crimes, and at least a few of them seem to me, and not just to me, to deserve a place in the genre we love.
The earliest of these is “The Hand Is Quicker Than the Eye,†the fifth tale in the Mr. Tutt series, originally published in the Saturday Evening Post for August 30, 1919, and collected in Tutt and Mr. Tutt (Scribner, 1920). Ephraim also operates as both lawyer and sleuth in a number of other tales first published in the Post and later included in one or another Scribner collection, for example “The Acid Test†(June 12, 1926; Page Mr. Tutt, 1926) and “The King’s Whiskers†(December 30, 1939; Mr. Tutt Comes Home, 1941).
My own favorite among the Mr. Tutt stories that include significant detection is “With His Boots On†(September 12, 1942; Mr. Tutt Finds a Way, 1945). That’s the one I chose a number of years ago when Alfred Hitchcock’s Mystery Magazine editor Cathleen Jordan asked me to select and introduce a story about Ephraim for its Mystery Classic reprint series.
Ms. Jordan thought the tale was seriously flawed — although she died before she could explain her reasons to me — and instead we settled on “‘And Lesser Breeds Without the Law’,†which struck me as only marginally crime fiction. This is one of a very few tales in the series that the Saturday Evening Post rejected. Why? In the 1920s another magazine owned by the same publisher had serialized a Zane Grey novel that was not only sympathetic to what were then called American Indians but ended with the Navajo hero marrying the white woman he loved.
So many benighted readers were so outraged that the publisher adopted a new policy: NO MORE POSITIVELY PORTRAYED REDSKINS! EVER!!! That policy was still in force when Train submitted his story, which was set on New Mexico’s Cocas Pueblo reservation and anticipates the treatment of Native Americans that we tend to identify with Tony Hillerman. The tale appeared as an original in the Train collection Mr. Tutt Comes Home (1941) and never came out in a magazine until AHMM for February 2002.
Not quite that long ago, when I was commissioned to write an essay on the poetry-crime fiction interface for the Poetry Foundation website, I decided that this column was the ideal place for material (of which there was a bunch) that wound up on the electronic cutting room floor.
In recent years I haven’t run across any items that would justify reviving the old Poetry Corner feature, but now I have. Remember the world-famous Irish poet William Butler Yeats (1865-1939)? One of his classic early poems was “The Lake Isle of Innisfree,†a work consisting of twelve lines divided into three stanzas, written in 1888 and first published two years later.
Rex Stout, who needs no introduction here, considered Yeats “the greatest poet of the century.†(I assume he meant the 20th century.) In August 1943, a few years after Yeats’ death, Stout wrote “Booby Trap,†fifth of the Nero Wolfe novelets, which appeared in American Magazine for August 1944 and was included in the Farrar & Rinehart collection Not Quite Dead Enough not long afterwards.
It’s one of the very few tales in the saga where Wolfe is working without pay as a civilian consultant to Army Intelligence and Archie Goodwin has become a major in the same branch of service. The hijacking of industrial trade secrets shared with the military for war purposes leads to the murder of a captain and a colonel, the latter taken out by a powerful hand grenade right in G2’s New York headquarters.
The tale like so many of Stout’s is hopelessly unfair to the reader, with Wolfe fingering the culprit by the lazy old expedient of setting a trap and seeing who springs it, but for sheer readability it still holds up nicely after almost 75 years.
All well and good, you may be saying, but where’s Yeats? Good question! In Chapter 4 Archie finds a sheet of paper containing a typed copy of “The Lake Isle of Innisfree,†which for no earthly reason whatsoever is printed in the text. Its only plot significance is that both Wolfe and Archie immediately notice that it was typed on the same typewriter that produced an anonymous letter earlier in the story.
Sharing that information with the reader didn’t require printing a line of Yeats’ poem, let alone the complete work. We know from John McAleer’s Rex Stout: A Biography (1977) — which misleadingly states that Stout quoted only the first “three stanzas†—that Yeats’ U.S. publisher raised a stink when the story appeared in print. Here’s how Stout explained to his Farrar & Rinehart editor.
“I am an ass. When I was writing ‘Booby Trap,’ out in the country, I phoned somebody at Macmillan to ask if it would all right to quote that poem … and was told that it would be. But I made no record of the conversation, I don’t know the date that it took place, and I don’t know whom I talked to. Beat that for carelessness if you can, and let me know which jail I go to.â€
McAleer doesn’t tell us how the matter was resolved, but most likely Stout had to pay Macmillan some money. The poem must still have been protected by copyright in 1944, but it’s been in the public domain for decades and can be found online in a few seconds. On YouTube you can even hear Yeats reading it.
The city of Ferguson is about 15 miles and 20 minutes’ drive from my home in St. Louis’ Central West End. While I was working on this column, Ferguson exploded. Hundreds of thousands of words have already been written about the events and I see no reason to add to them except to quote a passage from Ellery Queen’s non-series novel The Glass Village (1954) where the protagonist reflects “that man was a chaos without rhyme or reason; that he blundered about like a maddened animal in the delicate balance of the world, smashing and disrupting, eager only for his own destruction.â€
If Thanksgiving week was a sad time for reason and common sense, Thanksgiving Day was especially sad for our genre. P.D. James, one of the last great English detective novelists, died peacefully at her Oxford home. She was 94 and still thinking about writing one more novel. Peace be upon her.
December 4th, 2014 at 2:39 am
This does sound interesting. I’ve tried looking up the book, but there is very little on the net about it. Is it primarily about American law, or does it include British literature, TV etc.? I would imagine that the Brit stuff could fill up a book of its own. The difference between fiction about the law, and mystery fiction with lawyers acting as detectives is real and worthy of investigation. I recently read Edmund Ward’s novel of his TV series THE MAIN CHANCE, and the central protagonist is definitely a lawyer rather than a detective, whilst Sara Woods barrister Anthony Maitland feels more like an amateur detective with a degree in law. Horace Rumpole can be one or the other depending on the individual story.
December 4th, 2014 at 9:10 am
Does it have a projected release date yet, Mike? I don’t find any listing on Amazon or Barnes & Noble.
December 4th, 2014 at 9:38 am
According to the Perfect Crime website, the book is supposed to come out in December, but it may be too early yet to be ordered even there:
http://perfectcrimebooks.com/comingindecember.html
I’ll want a copy for myself, so stay tuned.
December 4th, 2014 at 12:18 pm
I’m told that the official publication date is December 15th.
December 4th, 2014 at 3:00 pm
If the Brits are included where or how do you fit Carr’s Patrick Butler in, and I’ll be interested on your take on Baroness Orczy’s SKIN-O-MY-TOOTH stories?
I’ve always felt Train may have protested too much, though I would give him his point in that they were not specifically mystery fiction despite those elements in them.
I suppose if he had sent Tutt to England we would have gotten Tut Tut Mr. Tutt.
I don’t envy you choosing what to include and leave out since almost any novel about the law has a touch of mystery and suspense. Even Trollope wrote one that is largely dominated by a crime. I’m interested whether you chose not to deal with them or found someway around mainstream novels by the likes of Becker, Powell’s THE PHILIDELPHIAN, and Travers.
MAN IN THE MIDDLE is really underrated and under shown. Great film.
Re Yeats you could just slip some of the Michael Robartes stories into the adventure/thriller category if you were slippery enough about it.
Rex Stout unfair to the reader and trying to slip something past someone — I’m shocked. That’s why he is still so much fun to read.
Yeats the best of the 20th Century — might have an argument there because it is also the century of Auden and Eliot, Sandburg and Frost. It would be close though.
December 4th, 2014 at 4:58 pm
Meant to say something about P.D. James. I reached a point where I didn’t read every new Dalgliesh, but I never thought any less of her or the ones I did read. Post Christie and the great ladies of the thirties she and Ruth Rendell were the British mystery novel and I’m not sure there is an equivalent today or will be again.
James remarkably could take the dullest of subjects (hospital administration, publishing, a hospice), and by explaining and showing the workings in detail create suspense and mystery.
I kept meaning to come back and didn’t. but maybe now I will. I just wish she had managed a few more Cordelia Gray’s along the way.
December 5th, 2014 at 2:34 am
Pretty much agree with all of that, especially about the Cordelia Gray’s. She stopped doing them because she felt that it was unrealistic to have a private detective investigating murder, but it’s a shame as she was a fascinating character. One of the things that James and Rendell did was move the reviews of their books out of the crime section of the newspaper book reviews and into the mainstream fiction one, and I don’t see anyone determined to do that anymore. I was always amused that when journos went to interview James about crime fiction or whatever, they always seemed to treat her like royalty (in fact they often treated her better than they did royalty!)
December 5th, 2014 at 4:27 pm
During that period Martha Grimes and Elizabeth George (both Americans) were also writing the Richard Jury and Inspector Lynley series that seemed to benefit from James and Rendell breaking that mainstream barrier.
Though Rendell and James raised the bar so high that no one could reach it to follow them. There are a couple of good British writers in the genre now but their work tends to be more crime or sort of soft boiled (Liza Cody style) and have not been major hits here largely because the mean streets of the UK just don’t have the same feel to Americans as our own where James and Rendell were in more familiar territory for Americans reading British mystery fiction.
December 5th, 2014 at 7:22 pm
There’s an interesting question to be raised here about the American conception of British mystery fiction. The British TV programme that seems to have really broken through in the USA is DOWNTON ABBEY, which simply plays to all of the familiar images of Britain (stately homes, dinner parties,ladies in posh frocks, vintage cars and servants touching their forelocks), whilst more contemporary drama from these shores never quite makes it across the pond. Similarly, is the mystery fiction from here that is popular over there, the sort that simply reinforces all of the old cliches? Certainly, American writers like Martha Grimes, who set stuff in contemporary England, never quite seem to be writing about the ‘here and now’ (I suppose that the same can be said about Lee Child, whose books seem like Westerns by any other name).
December 6th, 2014 at 11:21 pm
Bradstreet
The British take on American crime is often as goofy as ours on theirs with Child in a long line from Peter Cheyney to James Hadley Chase. Oddly Cheyney’s best books were his spy series and the Brit pi Slim Callaghan who was to West London what Marlowe was to LA on a much less literary level. They were never as well known here though.
Good Brit crime writers like Ted Lewis or currently Val McDermid just aren’t that well known here though. We want cozy villages, nosy amateurs, lords and ladies, and Scotland Yard ala GOSFORD PARK, which for all its attempt to be subversive was actually right out of Christie of Georgette Heyer.
One of my pet peeves is most Americans think Scotland Yard is a sort of national police when it is merely the detective arm of the London Met just as the Suretee is only the detective arm of the Paris Gendarmarie (the Police Judiciaire is the French national police — literally a national uniformed police force known as the PJ).
British and French writers haven’t helped much either. I suppose neither have Americans as the Brits and French often take Chandler and Spillane far too literally (the French arguably get it better than the Brits in terms of the hardboiled school and noir).
Child is so lame he complains about the lack of firepower of a .38 for an entire book and then arms Jack Reacher with a 9mm which is actually fractionally smaller than a .38. Not to mention he describes the labryntian DFW airport as so small you can run across it to catch a plane — maybe if your name is Barry Allen — and gives Dallas a military base that city never had not even in the old West.
And his primary audience are Americans.
Never mind he can’t write a simple declarative sentence.
Sorry I really don’t like Child’s imitative and silly books with their sociopath hero.
But it is a shame people are so stuck on clichés that they think every Brit writer has to be Christie or James, every American Chandler or Spillane, and every Frenchman Simenon, and they just will not accept anything else.
December 7th, 2014 at 11:33 am
Quite an appropriate comment — your quote from Queen.