An Act of Murder (1948) Movie Script
It's getting kind of hot. Let's go eat.
I like it hot.
A good trial.
Assault with intent to kill.
Not interested.
"Old Man Maximum" is on the bench.
"Old man maximum", eh?
Uhuh.
-It is kind of hot at that.
Do you recognize that man?
Yes, sir. I sold him a folding knife
Did he seem to be upset?
I object, Your Honor.
Very well, I'll re-phrase the question.
Do you recall his appearance at that time?
Yes, sir.
Would you say that when
the defendant, John Novak ..
Came into your store
to buy that folding knife
He acted like a man planning a murder?
I must object again, Your Honor.
Counsel to the defendant knows better
than to ask an opinion of this kind.
It is clearly immaterial.
Objection sustained.
Exception, Your Honor.
Exception noted.
Ladies and gentlemen of the jury, you
will disregard the witness's response.
I ask the court to reconsider
its ruling on that last motion.
On what grounds?
Your Honor, the Prosecution is
trying to prove that John Novak ..
Had planned an assault
with intent to kill.
I'm trying to show on the contrary.
That John Novak was not planning
anything remotely connected with assault.
And at the time of the attack, he suffered
a mental and emotional dislocation.
While the court appreciates
the counsel's earnestness.
It must remind him of
the laws of evidence.
We are concerned
with facts. Not opinions.
The court denies counsel's request to
reconsider its ruling. Kindly proceed.
Opinions, Your Honor, are
sometimes facts in themselves.
And have an important
bearing on the truth.
If the court would understand and not
hinder the Defence we may find that truth.
Mr Douglas.
I've been very patient with you.
But I warn you if you make another remark
of this kind, you'll be held in contempt.
Proceed.
Mr Hart, what did Mr Novak look
like when he was in your store?
I don't know. Like any other farmer that
comes to town on a Saturday afternoon.
Of course. But I mean his face.
Didn't you notice anything unusual?
He was unusually clean for a farmer.
If that's what you mean.
What I mean is unimportant. We are trying
to ascertain the facts. Yes, sir.
Was he scowling as he came in?
I wouldn't say so.
Was he frowning. Crying?
He was smiling Mr Douglas.
Smiling from ear to ear.
Twenty years.
He throws a man's life away
like a chewing-gum wrapper.
Water under the bridge, Dave. Forget it.
Forget it, nothing. I'm going
to fight for a new trial.
On what grounds?
Well, I'll figure something.
Maybe I'll use his charge to the jury.
It was dynamite.
What did he say that was wrong?
Not what he said, the way he said it.
Sure, his words were impartial, but his
tone was "Hang Novak, Hang Novak".
But Dave, how can you
prove a tone of voice?
I don't know.
I'll have to figure something.
What are you doing tonight?
Well .. Well, what?
I've got to be home.
Got to be?
It's Mom and Dad. Their anniversary.
Oh, I see.
Boy, he's sure threw the book at you.
You must be black and blue all over.
Don't waste your sympathy on me.
Novak got it where it hurts.
Sure. Top break all around.
Well ..
I'll be seeing you.
Look darling, I don't blame you
for feeling low, but cheer up.
You're not scraping the
bottom of the ocean yet.
Maybe I can meet you later?
Where will you be?
Like you said, at the
bottom of the ocean.
Will you call me at nine
and tell me which one?
If I can navigate to a phone.
Please call.
I'll look up at the fishes with you.
Might .. might not.
Well .. happy anniversary.
Cathy.
In my room, dear.
My .. what a lovely
sight to come home to.
Thank you, sir.
You're very welcome.
Uhuh.
Bite.
Oh .. idiot.
That's right.
It tastes much better without the paint.
Where is the girl?
In her room, I guess.
How'd things go today?
Like every other day.
Wound up the Novak case.
Oh, good.
Oh, hello.
How are you, darling?
Fine, thanks.
Mom, can I borrow your diamond earrings?
You know where they are.
You going to be home for dinner tonight?
Might .. might not.
Bracelet too?
You thief!
Earrings, bracelet?
What are you primping for?
A date. With whom?
Don't you trust your daughter?
Until the end of the earth.
If I nap too long, will you ..
I'll wake you.
I don't care what he's like here
at home. In court, he's a horror.
You exaggerate.
Go sometime. See for yourself.
You couldn't drag me there with
wild, Assyrian oxen. Why?
All I know is, he's a wonderful
husband and a loving father.
Tsar Ivan The Terrible was a wonderful
husband and a loving father, too.
Ellie, please.
No, really Mom.
Something happens to Dad when he puts
on his black robe and sits on the bench.
People as people don't
exist for him anymore.
They are defendants, witnesses, lawyers.
Without names or feelings.
Dad stops being a human
being and becomes a ..
Talking law-book.
Now Ellie, look.
Try to have as much understanding for
him as you want him to have for others.
But, Mom ..
And I still insist he makes a better
husband than Ivan The Terrible.
I bet Ivan remembered his
20th wedding anniversary.
Dad remembered. He just
didn't want to spoil my fun.
You act like a couple of kids.
Why didn't you say something?
I didn't want to spoil his.
What a family. Nobody spoils
nobody's fun .. except mine.
I'm Ellie in the middle.
What's the matter?
I had to turn down a date for tonight.
He's all alone.
Well bring him here.
Bring him here for dinner.
I can't.
Why?
It happens to be Dave Douglas and
you know how father feels about him.
And how do you feel
about this Mr Douglas?
I don't know.
But I think that if it doesn't
end up with church bells ..
I'm going to be the saddest, most
broken-hearted daughter you ever had.
Then he's someone I want to know.
Oh, he's wonderful, Mom.
He's honest. He's got more courage
than a paratrooper. He's handsome.
Oh Mom, what am I going to do?
You're a student of the law, Ellie.
Is there anything that says a mother
and daughter can't conspire?
Yes .. yes I know. Look Jim,
you've just got to find him.
No, he's not at home,
and I tried the bar at the hotel.
Please Jim, I'm counting on you.
Calvin.
Thought you could put one
over on me, did you?
Come on girl, snap into it. Put on your
prettiest dress. Look at your parents.
Who else is coming to this dinner party
that you were going to surprise me with?
You know so much. Figure that out, too.
Stock Martinis.
What's the matter with
the way I make them?
Nothing. I just thought you would be
interested in which is more economical.
Out of the bottle,
or the home-made kind.
After three Martinis,
who is interested in economy?
It's been twenty good years, Cathy.
Twenty happy years.
What would you wish for the next twenty?
More of the same.
Nothing else?
Can't think of a thing.
You get nowhere with flattery Mrs Cooke.
Oh well, if you force me to the wall.
I will admit I've been
thinking of a vacation.
A vacation? From one another?
Of course not you idiot. Together.
I bet Willow Beach is on your mind.
Calvin, could we? Would be wonderful.
A second honeymoon.
I wish I could say yes, Cathy.
My calendar is full with cases that take
me through the summer and into the fall.
I'll have to begin all over again.
Of course Calvin. I know.
But next spring, for sure.
Mrs Cooke.
I'm sorry, Julia.
It can't be helped.
It won't be rare.
I don't know how to tell the number
of drinks you get out of a bottle.
It depends on how much ice you use.
[ buzzer ]
You answer it, dear.
What's the matter with Julia?
It's part of the surprise.
What surprise?
If it isn't Judge Wilder,
it's got to be Charles Dayton.
Cathy my love. Congratulations.
Thank you.
Walter, how are you?
Still envious of him. Otherwise, fine.
What will you have? We're drinking
Martinis. Is that alright?
Splendid.
Where's that child
of yours? Little Ellie?
Little Ellie is a first year
law student, doctor.
Astounding.
You know the rate of growth these
days is frighteningly abnormal.
Why, six months ago you were that high.
Don't be silly doctor. You haven't
seen me since I was ten.
Impossible ..well how have you been?
Just fine thanks.
Drink for you.
Will you have some sherry, Ellie?
No, with the rate of growth
these days, I'll take a Martini.
Seems fair.
Ellie .. any word on your call?
Not yet. Jim Wilder is searching all over.
What are you two whispering about?
Women always have secrets, Calvin.
It's an established biological fact.
Mrs Cooke .. dinner is served.
Let's take our drinks in with us. Julia
will be tapping her foot in a minute.
Is it true what I read about
you in the newspapers?
Have you actually photographed
brain-waves now?
Yes, indeed.
First thing you know, you'll be
seeing them on television.
If that's your idea of fun.
You sit over there, Walter.
Thank you.
You know, right now I wish I
were twenty-five years younger.
Why, doctor? A little
difference in age isn't important.
Come to think of it, you know.
That's right.
When you're a hundred and
fifty years old, I'll only be ..
A hundred and seventy five.
See, Ellie. The value
of a scientific mind.
Well, with all my science, I never was
able to mix a Martini like yours, Calvin.
Why thank you, Walter.
To Cathy.
To Cathy.
[ buzzer ]
Never mind, Julia.
Hello Ellie.
Thanks, Jim.
Are you sober, darling?
I kind of wish I weren't.
Courage, my boy.
As Caesar said to Cleopatra ..
"Nemo me impune lacessit".
Or roughly translated .. if you
love the girl, what can I do to you?
This is the land of the free.
My dear Cathy.
Hello Jim.
The years battle against you in vain.
How are you, Calvin?
Good to see you, Jim.
Twenty years .. you've really
earned congratulations.
How's your chess game these days?
Not so bad.
Well, hello .. how are you
doctor? You look terrible.
Well, thank you, Judge.
Mother, this is David Douglas.
Hello Mr Douglas.
How do you do, Mrs Cooke?
Well, sit down everyone.
You know each other, Dad?
Yes, of course.
Good evening Douglas.
Judge.
And Doctor Walter Morrison.
The Walter Morrison?
This man believe everything
he reads in the papers.
What a distinguished company we are.
Youth, beauty, intellect .. me.
Better get your coat, Ellie.
It's getting kind of cool out.
Oh Ellie, perhaps Mr Douglas
would like a drink?
Will you have some coffee or brandy?
No, thank you.
I didn't know you and
Ellie were acquainted.
Well, she's attended some of
my lectures in criminal law.
Oh .. Ellie said something
about a wedding anniversary.
Congratulations, Mrs Cooke.
Thank you.
And you too, sir.
Thank you.
You sure you have to go, Mr Douglas?
Well, Ellie and I are ..
Why don't you stay?
I'm afraid not.
I didn't realize you taught criminal law.
I don't exactly. I just give
some supplementary lectures.
Have you read Bawden's new book?
The Philosophy Of Law?
I've read it.
What'd you think of it?
It's alright.
Goodnight Mrs Cooke. Nice meeting you.
I hope we see you again, soon.
I thought it was a very good book.
I didn't .. goodnight all.
What didn't you like about it?
The judge who wrote it, mostly.
Seriously, that book was written as if the
author was still wearing a powdered wig.
It's a hundred years behind the times.
It ignores every modern principle of law.
The progress made by men like
Justice Cardozo and Justice Holmes.
Ah, Holmes, sweet Holmes.
What principle does it ignore?
The principle that for a judge ..
The law written in the statute books
is only a blueprint for justice.
Not justice itself.
Don't be impatient with us my boy.
Justice .. isn't blind.
She is merely blindfolded.
Not justice .. only certain judges.
Shall we go?
I'm ready.
Come again, Mr Douglas
Thank you. Goodnight.
Goodnight.
Goodnight everybody.
You know there is one aspect of human
reproduction that I never thought about.
People not only produce
children, but ..problems.
I'm not worried about Ellie.
wouldn't it be wonderful if science had a
medicine to bridge the generations?
Maybe it wouldn't be so good.
Well as PT Barnum used to say ..
"Nemo me impune lacessit".
Roughly translated: "how
about a game of chess?"
Oh not now Jim.
Go ahead, dear. Walter won't mind.
Why, of course not.
Cathy and I have some old
love stories to talk over.
Well, alright .. under protest ..
Walter .. I've been wanting to talk
to you about a friend of mine.
A woman of about my age.
Professionally or are you
trying to marry me off again?
She tells me that in the
last six months or so ..
Oh, for example .. if she goes
to reach for a glass .. like ..
Like this.
Her fingers don't
co-ordinate or something.
Uhuh .. that's interesting.
And every once in a while
she has terrible headaches.
How about her eyes?
Do they bother her at all?
Yes.
Yes, she tells me that ..
Occasionally, though not very often ..
Things seem to fade away.
And her hearing? Does she think she
hears noises that no-one else hears?
Yes .. yes, that's exactly
what my friend said. She ..
It sounds rather frightening, doesn't it.
Oh, I don't think so.
Maybe you'd better come
to Philadelphia tomorrow.
To my office.
Walter.
I don't want to worry Calvin. Don't
let him know I'm coming to see you.
I wouldn't make him
jealous. I wouldn't dare.
Calvin.
Uhuh.
Do you think we've lost
touch with Ellie a little?
You can't keep in touch with anybody
unless they tell you what's going on.
Obviously, she's known this
Douglas fellow for months.
Good morning, Judge.
Good morning.
Has she talked to you about him?
In a way, yes.
She hasn't talked to me.
That's because she's afraid you'd object.
Good morning. Morning.
I certainly do object.
Mind you, I don't intend to tell Ellie
whom she may or may not see.
After all, this is not 1880.
But that young man is opposed
to everything I stand for.
Everything I've been taught to believe in.
Good morning. Good morning.
Other people respect my opinions.
No reason why my own daughter shouldn't.
Yes, Calvin. Oh, I may be
going to Philadelphia today.
What for?
Shopping.
Good morning, Mr Pope.
Good morning, Judge.
Thank you.
How's your grandchild today?
Growing like a weed.
Give your daughter our best wishes.
Thank you, ma'am.
And a very good day to you, sir.
Thank you. Goodbye.
I never see you giving Mr Pope any money.
Is he doing this as a public service?
I have a very complicated
business arrangement with him.
By the way, I know why you're
going to Philadelphia.
You do?
Certainly.
To buy me a birthday present
It's obvious. That's right.
Now look, dear. You gave me a pen
and pencil set for our anniversary.
The pencil can be for my birthday.
Yes.
Bye.
There's a lot of double talk on the radio
today about health and modern living.
Every time you twist the dial
you hear a happy voice say ..
"Aren't you glad you're living today?"
What's it smell like?
Oh .. horrid.
You are right, it's sal ammoniac.
And now?
It still smells horrible.
You know I sometimes wonder how
people ever lived in the poor old days.
When the "vitamin" was nothing
but a gleam in some scientist's eye.
Feel anything?
Yes.
And now?
Yes .. I think so ..
How about now?
Yes.
And now?
Oh of course not .. what are
you trying to do? Trick me?
Well, I'm afraid you're
too smart for me, Cathy.
Ouch!
Sorry.
Of course, modern living
is a wonderful thing.
Do you realize that a hundred years ago,
there weren't second-hand cars for sale?
Don't move, Cathy.
But if a man had dandruff, the only thing
a poor fellow could do was wash his hair.
Or chop his head off.
I haven't seen anything like this
since I had my first permanent.
And that's a thing. I shudder to think of
our mothers struggling with straight hair.
And how the men ever got their
pay-raise without brushing his teeth.
With you-know-what is a mystery to me.
To this day I still don't know how my
Grandfather and Grandmother got married.
What with her dish-pan hands
and his saddle-sale grey.
There wasn't even a bar of soap around
guaranteed to win his sweetheart's love.
Alright Miss Green.
There isn't anything I can say now Cathy,
until all the X-Rays have been developed.
And I get the lab reports.
But from what I can tell,
you've nothing to worry about.
But my headaches, Walter. And my eyes ..
I think they are only temporary
disorders. Nothing organic.
You know, at your age one must
expect a few minor difficulties.
When will I know for sure?
By tomorrow.
By tomorrow all the
election returns will be in.
Walter, about the fee.
I don't want Calvin to know and ..
You've paid it.
No really.
You want a receipt?
Then you'll telephone tomorrow?
Sometime before dinner.
Goodbye .. and don't worry.
Goodbye Walter, and
thank you for everything.
Goodbye.
Goodbye nurse Coble.
Miss Coble, would you come in please.
Yes, Doctor?
Miss Coble. Have copies made of all
Mrs Cooke's pictures and her history.
Send them all out immediately air-mail
to George McDermott in San Francisco ..
Doctor Henry Levy in Denver.
And Doctor Frank Standish in Boston.
What time did Ellie get in last night?
Shortly before you did.
Pretty fancy hours for a girl her age.
Maybe you should have a talk with her.
I think you should, Calvin.
But not about the hours she's
keeping. She's very disturbed.
Did you buy out all of
Philadelphia yesterday?
You will talk to her tonight, won't you?
Right after dinner.
What did you buy?
Nothing. The stores didn't
have what I wanted.
Good morning.
Morning.
Good morning, Mr Pope.
Good morning, Judge.
Thank you.
How is the grand-child?
A little cranky this morning.
He's cutting his first biter.
His first tooth.
Well congratulations.
Thank you, ma'am.
And a very good day to you, Judge.
See you tomorrow.
Just what is this complicated business
arrangement you have with him?
Oh, it's nothing, dear. I buy the
flowers from him wholesale.
Well, why not? A bunch of flowers
every day for 365 days ..
Yes, multiply that by thirteen
years and seven months.
I could have bought a
whole greenhouse by now.
Goodbye, dear.
Goodbye.
Ellie.
What are you doing here?
I want to talk to you. Right now.
Don't you have a class this morning?
Some things are more important.
In less than two minutes
I have to open court.
If I can cut a class I think you could
delay sending some poor soul to jail.
I don't like that, Ellie.
It sounds like ..
Like somebody else.
That's exactly who I want to talk about.
I can't now, darling.
When?
Pardon me, Judge. There is a
message for you to call operator 23.
Urgent.
Thank you.
I'll call during recess. Thank you.
I tell you what.
You come back here at 4 o'clock
and we'll talk to your heart's content.
Fair enough?
Come on. Say it's fair.
Fair.
But don't think you'll change my mind ..
By appealing to your exalted
position as my father.
No .. just be of good sense.
Turn them up.
Is the Prosecution ready to resume the
case of the Commonwealth versus Winter?
Ready, Your Honor.
Is the Defence ready?
Ready Your Honor.
Can you stipulate the jury is in the box?
Jury stipulated. And checked.
Pardon me, Your Honor.
I wish to call the next
witness, George Johnson.
George Johnson.
Tell him I'm in court now.
I'll call him back later.
Do you solemnly swear that the testimony
you shall give shall be the truth ..
The whole truth and nothing
but the truth, so help you, God?
I do.
State your name.
George Johnson.
Recess for five minutes.
Recess for five minutes.
This is what we call an encephalogram.
It's like an X-Ray.
You see this shadow here?
That is the area which has been affected.
These pictures with my tests of smell,
touch and balance, with other tests.
All go to make up the diagnosis.
Well?
Calvin, we've known
each other a long time.
Almost our whole lives.
Say it straight, Walter.
There are many names
for Cathy's condition.
When an illness has a lot of names, it
means we don't know very much about it.
I don't have to know what it's called.
However, Cathy's symptoms
are fairly indicative.
She's had them for over a year.
A year?
She never told me.
She didn't even want you to know
that she came here yesterday.
If she'd told me I'd have sent
her to a doctor long ago.
I'd have brought her here to you.
She'd be over it by now
She should have told me.
She's always pretended that
she's stronger than she is.
She thinks I resent it, when she's sick.
Calvin.
It's not true.
It wouldn't have made any difference.
But a year?
Calvin!
It was hopeless even then.
Wait a minute, Walter.
You said yourself, no-one
knows much about this.
Calvin, we can't even operate.
That's just your opinion.
I respect you, Walter.
But, it can't be. It's not possible.
Tell me who the best men are.
I'll try them all.
I've already taken care of that.
Miss Coble, I'm ready for
that conference call.
Copies of the X-Ray plates and Cathy's
medical history left here yesterday.
By air to Dr Standish in
Boston, Dr Levy in Denver ..
And Dr McDermott in San Francisco.
We've consulted together
on many cases, Calvin.
They are considered
the top men in the field.
In a moment, we'll hear
what they have to say.
I don't believe them.
How can it be? All of a sudden ..
Just the other day she said she
wanted to go away for a trip.
Willow Beach.
Walter, there must be other
specialists besides these men.
Have a cigarette, Calvin.
I haven't smoked in years.
My father smoked cigars
but I never liked them.
How was she yesterday?
Was she in pain?
[ intercom ]
"Your call is ready now, doctor."
Calvin, I want you to listen to this.
Use the extension in there.
Hello gentlemen.
This is Walter Morrison.
Did you all receive the plates and
records I sent you yesterday?
Good.
Doctor Standish, will you please speak
a little louder. I can hardly hear you.
Can you hear alright, Doctor McDermott?
Good.
The patient's husband is with me.
I've already given him my opinion.
Doctor Levy, will you start, please.
As far as I can see, the
pictures tell the story, Walter.
There is no doubt in my mind that
it is a neoplastic situation.
Inter-cranial pressure will
undoubtedly get worse.
The readings on the spinal
manometer clinch it for me.
The location of the lesions should cause
anaesthesia in the extremities momentarily.
I had a case recently like this.
There were spasms of pain that increased
steadily in frequency and intensity.
Considering the area involved,
you can't touch it, Morrison.
I agree. Surgery is absolutely useless.
Death is indicated at any time.
What did ..?
Calvin.
I wish there was something I could do.
What happens now?
Nothing perhaps for a short time.
There'll be certain symptoms of course.
A lack of co-ordination.
But when her right arm and leg completely
lose their sense of feeling and go numb.
Soon after that, she'll
pass into the final stages.
Pain?
A great deal.
I'm giving you a bottle of
full-strength Demerine. 20 tablets.
With a prescription for 20 more.
When it gets really rugged, give her two.
They'll relieve her for an hour or so.
No more than two pills within
any twelve-hour period.
They are very toxic.
Are you listening?
Yes.
I'm also giving you a letter of
instructions to your local doctor.
It has the complete
description of the case.
Walter.
What's the best way
of breaking it to her?
There is no best way.
Yes, I know. But she's
got to be told the truth.
Why?
What do you mean?
You don't have to tell her, Calvin.
Lie to her?
I've never lied to her in my life.
It's only a lie of omission.
She'll see it on my face.
Then you'd better learn to pretend.
This is her life, Walter.
How can you let someone you
love not know she's going to ..
There may be a hundred things
she wants to do or say. You can't ..
It will only add pain
to her pain, Calvin.
Don't you see that?
I only want to do the right thing.
The right thing is to save her
whatever suffering you can.
I don't know.
Suppose I don't tell her and she finds out?
It'll be a million times worse, Walter.
The thing that has always
made our life so ..
So good .. is the truth between us.
If she finds out tomorrow you'll have
given her one day more of peace.
If she finds out a week from tomorrow,
you'll have given her a week more peace.
Calvin.
I know there's nothing in the world you
wouldn't give Cathy to make it easier.
As your friend, I beg you, now give
her the most precious gift you have.
Silence.
I don't know.-
I don't.
And I'm going to show you something.
I didn't want to, but it is
something you've got to see.
Before you make up your
mind one way or the other.
"Yes, sir?"
Miss Cobol, I'll be on the third floor.
Come with me, Calvin.
This man is a patient of mine.
He's in the last stages
of what Cathy has.
Walter ..
What is it, Calvin?
Nothing.
You're late, Father.
I've been waiting over an hour.
I'm sorry, Ellie. I was delayed.
I can't talk to you now.
But you have to.
You promised and I waited.
Some other time, Ellie. Please.
No .. you can't put me off again.
I'm in love with Dave Douglas and he's
in love with me. And you just can't ..
What's the matter, Dad?
Aren't you feeling well?
No .. I'm alright.
He's really wonderful, Dad.
You can't let little differences
of opinion stand in the way of ..
Ellie, please ..
I want to be by myself for a while.
You're not even willing to try.
How can you be so selfish?
So inconsiderate of
other people's feelings?
Not now, Ellie. I don't want to talk
about it, now. Can't you understand?
You don't have to shout.
I understand perfectly.
Calvin, darling.
I have the most terrible
confession to make to you.
Yesterday was the first time in
my life I ever told you an untruth.
I did go to Philadelphia but not to shop.
I went to see Walter Morrison.
I've been worried about, oh, headaches
now and then. Just silly little things.
Well, Walter just telephoned and there
is nothing wrong with me. Nothing at all.
Alright .. that's fine.
He did prescribe a little vacation,
though. But that can wait.
I have tickets for the concert tonight,
so come on upstairs and get dressed.
And afterwards you are going to take me
to a place I've always wanted to go ..
And never had the nerve
to ask: The Valley Inn.
It's a road-house, darling.
Where people go for all
sorts of interesting reasons.
Will you take me, darling? Please?
I base my motion for a new trial.
On the grounds that the language
used in your charge to the jury ..
Was designed to give the impression
that you thought the defendant guilty.
I resent your choice
of the word "designed".
I assure you that I know the law and
what is proper judicial language.
I'm not suggesting that you
consciously tried to sway the jury.
But you couldn't avoid
expressing subconsciously ..
In tone and in language,
what you really believe.
This is absurd. How can you base a
challenge on a judge's subconscious?
May I ask you a few questions, sir?
Of course.
I have here a leaf from your calendar
on the date of the Novak trial.
It was found and given to me.
Is this your handwriting?
Yes.
Do you remember when you drew
that and wrote those words?
Yes, I remember very well.
It was just before the
District Attorney's summation.
Now, there's one more question I
would like to ask you, Judge Cooke.
It's a question that
only you can answer.
And on your answer depends the
validity of my request for a new trial.
It occurred to me that
those words "20 years".
It may have referred to your 20th wedding
anniversary which happened on that date.
Of course it referred to that.
Do you remember what you
were thinking at the time?
Could it have been the
wedding anniversary?
Or was it the Novak sentence?
It was the Novak sentence.
I decided that if the jury found him
guilty, what he deserved was 20 years.
And there is no violation
of the law in that.
Not literally.
But by your own admission as to the time
and meaning of those words "20 years".
I ask you to consider how your charge
to the jury might have been affected.
A judge is a human being.
And I'm convinced that in spite of
your best efforts to be impartial ..
Your belief in Novak's guilt
crept in to your speech.
In all my years of practice,
this is the most absurd ..
Mr Douglas, in light of your argument.
I will re-examine my
instructions to the jury.
Is that all?
Yes, sir.
I'm sorry.
Please go.
I hope you believe me. There was nothing
personal in my obligation to Novak.
You've made your point, Mr Douglas.
Bring in a copy of my charge to the
jury in the Novak case, please.
Yes, sir.
Why did you have to tell him?
Are you suggesting I
should have lied to him?
Well, of course not, but ..
There are no "buts".
I'm accountable.
I'm sorry.
Would you get me Ridgeville 322, please.
There you are, sir.
Thank you.
In a case of this character,
the jury must find the truth ..
Of the challenges and counter-challenges,
the evidence and the arguments.
Hello, Cathy?
I've got a job for you. Start packing.
That's right. We leave tomorrow
morning for Willow Beach.
Yes, a sort of second honeymoon.
Yes, dear. Yes, of course it's alright.
Jim Wilder has agreed to
take over my calendar.
Are you pleased?
Good .. see you soon.
If you agree that the evidence given by
the Prosecution is true beyond a doubt.
Then you must find the defendant
John Novak guilty as charged.
If you agreed.
If the evidence as presented
by the Prosecution is true ..
Then you must find John Novak guilty.
If you agree.
You must find Novak guilty.
Would you get me Judge
Wilder's office please.
If you agree.
Jim?
On that Novak case, Douglas
was in to move for a new trial.
Yes.
No, I think you're wrong, Jim.
I've decided to grant it.
He's not selfish and he's not trying
to avoid a discussion about David.
Now you let me handle this in my way.
The time we get back from Willow Beach ..
I don't want to wait that long.
Did you remember when you
first wanted a driver's license?
Remember what he said?
Yes, but after all ..
The time you wanted to go
to the carnival at Dartmouth?
Well, you went didn't you?
Of course.
This will be the same thing, Ellie.
A father and daughter are very close, but
I have known him longer than you have.
Well, I still don't see why
I can't talk to him myself.
Something is worrying
your Father, Ellie.
I don't know what it is.
The Novak case, I guess .. oh well.
This vacation will do him a lot of good.
So you let me talk to
him while we're away.
Well, anyone who can get him to go to the
Valley Inn can talk him into anything.
Thank you.
It seems different from
the way I remember it.
I thought it was much bigger.
Everything was bright and grand that day.
Remember how nervous you were?
I was not, except when the clerk said ..
Do you have a reservation?
Exactly!
I'm Judge Cooke. I sent you a wire.
You didn't have to.
The place is practically empty.
I remember how embarrassed I was.
I was hoping he wouldn't ask.
The bridal suite?
Exactly.
Sign here, please.
That crate of eggs don't
seem too fresh to me.
Then send them back.
Okay.
Thank you. Here you are. Suite "A".
Front.
Can't send them back.
Got omelette for a lunch special.
Then change the menu.
I already changed it once
from chops to omelette.
Then change it back again.
Okay.
Ambition is a treacherous trade.
Twenty years ago I ran this elevator.
Then I wanted to be a desk-clerk.
Then I wanted to be the manager.
But my biggest dream was that
maybe someday, I'd be the owner.
Little did I think that my good
fairy would satisfy my every wish.
Want a Barbie-doll?
No. I'm a big girl now.
Calvin, do you remember it was there you
won the lovely ashtray for me. Ten cents.
Ten cents? That ashtray cost
me six and half dollars.
And my reputation as a ball player.
Want to tell you how much you weigh?
No. Let's keep that my little secret.
Hey .. hey, you with the eyes.
Hey girls, what's your big hurry?
Fall fatally flat. Five times.
I'll take the blond, huh?
It's still going on.
I bet it's still fun, too.
Come on Mister. Try your hand. Show
the beautiful lady how good you are.
No thanks.
Come on, show the beautiful lady.
What for? This one doesn't
even give away ashtrays.
Tell you what, Mister.
The first three balls on the house.
As a matter of fact the last time I threw
a ball was right here twenty years ago.
Same pigs.
Their great grandsons.
Would you mind moving back a little bit?
I beg your pardon, but aren't
you being a little bold?
I beg your pardon, ma'am.
I thought you were someone I knew.
Is this man bothering you, lady?
No more than usual.
I bet you can't get that pig down.
I'm in complete agreement
with you, Miss Downing.
Oh, you know my name?
Yes, and that you play the piano.
Better than you throw a ball.
Granted.
Let me try it.
Ah, you don't want to.
Afraid I'll beat you? Come on.
Alright.
Alright now .. watch out everybody.
I did it!
Thank you .. very much.
Calvin .. Calvin.
No. Go back and then come this way.
Do you know the way out?
Sure lady, it's easy. Follow us.
Tricky, wasn't it?
What's the matter, Cathy?
Oh Calvin, take me back
to the hotel quick.
What happened?
I don't know.
I don't know myself in fact.
Oh Calvin, I don't feel very well.
Taxi!
Still bad?
It will go away in a minute.
I've got something in
my bag that will help it.
Some .. some aspirin.
Here, dear.
This will make you feel better.
Calvin.
Yes, dear?
What time is it?
Almost morning.
The sun is coming up.
You feeling better?
I'll be alright.
Have you any more aspirin?
I think so, but ..
I'll see.
Dear ..
I'm sorry I've spoiled the trip.
Nonsense.
You did nothing of the sort.
There aren't ..
There aren't any more aspirin, dear.
I could get some from the night clerk.
Don't bother.
I think I'll ..
I think I'll just fall asleep.
Calvin.
No, no, it was a terrible attack, Walter.
I don't know how she stood the pain.
Yes, yes I gave her the pills, but they
didn't seem to do her any good.
Yes, sometimes the effect of
the Demerine doesn't last.
No, no Calvin .. they are very toxic.
No more than two in any twelve hours.
Is she comfortable where you are?
Good.
What about her right side?
Well try it, without letting
her know what you are doing.
Control yourself, Calvin.
You've got a job to do.
Calvin, I don't want to hear talk like
that. You've still got a lot to live for.
What about Ellie? What about your work?
Now you listen to me, Calvin.
Do you hear me?
Alright.
Alright, now.
[ tyres squeal noises ]
Look at that crazy driver!
He didn't even stop.
Look at that dog. He really mangled it.
What did they do to it?
The impact really hurt that dog.
Whose dog is it?
He's mine, officer.
Well, we can't let him suffer.
You'd better put him out of his misery.
I've had this dog for ten years.
I know how you feel old-timer.
I've got a dog of my own.
It's better this way.
Stand back everybody.
Stand back.
[ gunshot! ]
Cathy.
I'm out here, darling.
What are you doing out of bed?
I feel ever so much better.
I've even ordered breakfast.
The pain has completely gone.
Why that's wonderful.
It's probably the sea air.
They ought to bottle it.
Calvin.
Yes, dear.
I've been thinking.
What about?
About Ellie and David Douglas.
I gather my dear that you
promised Ellie you'd work on me.
That you'd connive, persuade and plead.
Calvin.
We wouldn't have dreamed of leaving
Ellie alone when she had the measles.
No.
Well, being in love is
much more serious.
At a time like this a girl
needs someone to talk to.
These can be the most
bewildering days of her life.
Do you want to go home?
Don't be disappointed, dear.
It's been a rare holiday.
But I would like to be with Ellie.
So would I.
Something seems to
be wrong with the car.
Tired?
How far do we still have to go?
We're making pretty good time.
We ought to be home about eight.
It's just past five now.
it must be later than that.
It's so dark.
The motor's been missing on the way up.
Would you take a look at it, please?
Pull up in here out of the rain.
Leave the motor running.
There's a lunch counter inside, dear.
How about a cup of coffee?
No thanks, dear.
I think I'll just sit here.
Where is the nearest drug store?
Huh?
A drug store. Is there one nearby?
Which way you heading?
Ridgeville.
Nearest drug store is at Paramount, about
twenty miles up. The way you're going.
The spark plugs are alright.
Kill the motor. I'll check the fuel pump.
How long will that take?
Well, it's hard to say.
Well, get on it as quickly as you can.
I'll get on it right now.
We'll have to wait here a few minutes.
Might as well come inside.
Better get out this way, dear.
Keep out of the rain.
Have a cup of hot coffee, dear.
It will do you good.
Evening folks.
Good evening. Two coffees, please.
Is your headache pretty bad?
Not too bad.
I'm just anxious to get home.
There's a drug store up the road.
We'll get something there to relieve it.
Hey, mister .. it will speed things
up if you'll give me a hand.
Will you ..?
You go ahead, dear.
I'll be alright.
There you are, lady.
Thank you.
It's too hot.
May I have a glass of water, please?
Sure.
What's the matter, lady?
You feeling sick?
A little, yes.
Shall I call your husband?
No, don't. I ..
I'll be alright.
Is there anything I can do for you?
If you would, yes there is.
Will you put in a long-distance
telephone call for me, please?
Ridgefield 322.
How much longer will it take?
Oh not too long, if this
is where your trouble is.
How late does that drug store stay open?
Usually closes about seven.
Just a moment, please.
Here's your call, lady.
Thank you.
Hello Mom, where are you?
Yes, we got Dad's wire.
Julia has dinner ready.
Mom .. what's the matter?
You sounded so funny.
Have you got a cold or something?
No darling, I'm alright.
Don't wait dinner for us.
I didn't want you to worry.
Yes.
Yes, Dad's here.
I'll let you talk to him.
Goodbye, dear.
I love you.
It's Ellie.
I told her we might be a little late.
Hello, Ellie.
Hello, Dad.
What's the matter with Mom?
She sounded so ..
What?
Well, why not tonight?
What's the matter with the car?
Look, I can get Dave,
and we'll drive up for you.
No. No, don't do that.
Wait for us at home.
I .. I didn't say we
wouldn't but it's possible.
If we don't get back tonight ..
What happened?
Dad?
Hello .. hello.
Operator, we've been cut off.
Please.
I'm sorry .. I'm so clumsy.
That coffee was hot. How's your hand?
It doesn't hurt.
I'd better get some butter for it.
No. Never mind.
You should put something
on it before it blisters.
No. Really, dear.
It doesn't hurt at all.
I didn't even feel it.
I ..
I'm alright.
Here. Lie down, have a room.
You can spend the night.
Perhaps we'd better, dear.
I'll go on to the drug store.
No, don't. I ..
I want to go home, please.
Thank you.
Yes.
Oh, thank you.
She said they'd hung up.
What time will they get here?
Dad said he didn't know.
And I think Mom was crying.
Something's happened, I know it.
I had a feeling all along that ..
Now don't you start crying.
Hello operator, will you
try and trace that call.
It was from Judge Cooke.
I don't know. Probably a gas station
on the Willow Beach - Fairmont road.
About eighty miles from here.
Yes, I'm sure you can.
It's terribly important.
I'll hold on.
How much do I owe you?
Oh, about $3.50 will cover it.
$3.50 out of $5.
Never mind the change.
Thank you, sir.
You'd better step on it you want to
get to that drug store before it closes.
Judge Cooke! Judge Cooke, there's a ..
There's a call.
Too late now.
Keep your eye on him
today, will you David.
Yes, I know. But the doctor thinks it
will be good for him to get back to work.
Well .. maybe tonight.
You come over and we'll have
a talk with him after dinner.
Isn't he down yet?
Just a minute, David.
He'll be right down, Julia.
There he comes now.
I'll talk to you later, David.
Right. Goodbye, darling.
Good morning, Dad.
Good morning.
A beautiful day.
Yes .. beautiful.
Breakfast is ready.
Alright.
I don't care for any, thank you.
You have plenty of time.
Yes, I know.
I don't feel like .. eating.
At least have a cup of coffee
while I phone for a cab.
Don't bother, Ellie.
I prefer to walk.
Oh, but Dad, not on your first day out.
Why?
I feel fine.
I'll walk with you, then. Wait a
second until I get my jacket.
If you don't mind, Ellie dear.
I'd rather you didn't today.
Well, good morning Judge.
Morning.
Good morning, Judge.
Glad to see you up and about.
Morning.
Oh, good morning Mr Pope.
No thank you.
But Judge ..
Good morning, Your Honor.
Well, good morning Judge.
Welcome back. Have a chair.
It will only take a few
minutes of your time.
Is there something I can do?
Mr Dayton.
I want you, as District
Attorney of the county.
To issue an indictment
charging one Calvin Cooke ..
With the murder of his wife, Catherine.
What?
I wish to make a full confession.
You're sick. You don't
realize what you're saying.
Mr Dayton, will you take my statement
now, or do you wish to do it later?
Judge, you're in no condition to ..
If you don't issue the indictment,
I'll go to the State Attorney General.
And if he refuses, I'll publicly
confess to the newspapers.
I've committed an act of murder,
and I must be tried for it.
Well?
Yes, Judge.
Ellie.
I don't know what to say.
Don't Dad.
You don't have to say anything.
You know I loved your mother.
I know.
Doctor Morrison said there was
nothing they could do for her.
I know, I know.
The first thing we have to
do is get you back home.
There won't be any trouble raising bail.
No, Ellie.
I don't want you to.
Why Dad, you've been through so much.
Why do you make it so hard for yourself?
Have you seen a lawyer yet?
I don't need one.
There is no case for me.
You've got to have a lawyer.
Will you talk to Dave Douglas?
Ellie, try to understand.
I'm guilty .. there is no
question of defence.
I've committed a crime.
What you did was no crime.
That's not true, honey.
Anybody would have done the same thing.
That's not the issue.
My motives only explain what I did.
They don't excuse it.
I'm not going to let you be your
own prosecutor and judge.
I'm going to see Jim Wilder.
Ellie.
I'm sorry, Dad.
Mr Crane.
Ellie.
I forbid it.
Did you ask mother whether
she wanted to ..?
No.
And I'm not going to ask you.
Open the door please.
No.
Since he's confessed,
it won't be a jury trial.
It will be up to the judge.
Up to you, Jim. You can let him off with
manslaughter or a suspended sentence.
I'm afraid it won't work that way, Ellie.
You've got to, Jim.
It's his only chance.
You are his friend.
That's the very reason why I ..
Must disqualify myself.
Jim.
If Dad were about to jump off
a bridge or shoot himself.
You'd stop him, wouldn't you?
Of course.
Why, that's just what he's doing now.
And you won't raise a finger.
Ellie, it's impossible. Believe me.
Another judge will be sent in.
He'll be a good man, honest and just.
And your conscience will be clear.
Everything will be nice
and legal and regular.
But my father will be
sentenced to prison.
Ellie, child ..
Oh yeh, oh yeh, oh yeh.
All men or persons having anything
to do before the honorable Judge ..
Of the court of common pleas.
The court of general jail deliveries.
The Court of Quarter Session of
the peace here holden this day.
Let them come forward
and they shall be heard.
God save the Commonwealth
and this Honorable Court.
The people of the Commonwealth of
Pennsylvania versus Calvin Cooke.
Is the Prosecution ready, Mr Dayton?
Ready, Your Honor.
Does the defendant intend
to act as his own counsel?
Yes, Your Honor.
And I am ready.
You may proceed, Mr Dayton.
The said Calvin Cooke is accused
by the district attorney ..
Of and for the county of Shoreham,
Commonwealth of Pennsylvania.
By this indictment
of the crime of murder.
The felony committed as follows.
That the said Calvin Cooke, on
or about, the 23rd May 1948.
That in the county of Shoreham,
Commonwealth of Pennsylvania.
Did willfully, unlawfully
and feloniously.
And with malice aforethought, murder
one Catherine Cooke, a human being.
How does the defendant plead?
Guilty.
If it please Your Honor, I would
like to say a few words in this matter.
Who is addressing the court?
David Douglas. A member
of the Bar of this city.
What is your interest
in this case, counsel?
I have known the defendant for
a considerable period of time.
And I'm familiar with
the facts in this case.
And therefore I would like to ask
the court to appoint me as counsel.
Your Honor, I am perfectly capable
of acting in my own behalf.
May I respectfully refer the court
to "the people versus Chester".
1929 Advance California
reports page .. 826.
In which the Supreme Court held that when
a man pleads guilty to a charge of murder.
And refuses to have counsel,
the court must appoint counsel.
In order that the defendant be given
his entire rights under the law.
The court is familiar with
the cited case, and others.
Your Honor, that same
case made an exception ..
Where the defendant knows
his rights under the law.
I have been a member of the
Bar and a judge on the bench.
I know the defendant by reputation and he
is qualified to handle his own defence.
However, this court will rule ..
That justice would best be served
by the appointment of an attorney.
Further, I hereby designate Mr David
Douglas from the Bar of this city.
Thank you, Your Honor.
Now, with the court's permission.
I wish to change the defendant's plea
from guilty to not-guilty by reason of ..
Your Honor!
According to the law, I can discharge
any counsel appointed by the court.
If Mr Douglas moves to change my plea,
then I refuse to accept him.
I am guilty and that is
the way it will stand.
Under the circumstances, I withdraw
my motion to change the plea.
Has there been anything
added to this confession?
No, Your Honor.
Dad, please ..
Ellie, dear. I know what I'm
doing. Don't try to interfere.
Before sentencing the defendant ..
Is there any legal reason why the sentence
should not be pronounced at this time?
May it please the court to delay
the pronouncing of sentence.
Until I have had a chance to show
that there was no premeditation.
And there are extenuating
circumstances to this case.
Your Honor, this is completely irrelevant.
Judge Cooke, you're the defendant here.
I will determine such questions.
As a judge, you know that
I must hear any evidence ..
Which might help me to
arrive at a just sentence.
Does the Commonwealth object to the
introduction of evidence at this time?
None, Your Honor.
You may proceed, Mr Douglas.
I would like to call as witness,
Doctor Walter Morrison.
Doctor Walter Morrison.
You're merely wasting
the court's time, Douglas.
Please, Dad. Let David do what he can.
.. be the truth, the whole truth and
nothing but the truth, so help you, God.
I do.
State your name.
Walter Morrison.
Doctor Morrison, what is your profession?
Your Honor, the Prosecution
stipulates that Dr Morrison ..
Is a distinguished neurologist and brain
surgeon, and accepts him as an expert.
Thank you, Mr Dayton.
Dr Morrison, we know that Judge Cooke's
wife was suffering an incurable ailment.
From which she might have
died at any time .. is this correct?
Yes.
Did her ailment also involve intense pain
which may not be alleviated by medicine?
yes.
Would you say it was a natural desire to
want to end that pain in someone beloved?
Why ..
Is it or isn't it?
Why yes, it is a natural desire.
Dr Morrison.
Do I understand you to imply you
are in favour of mercy-killing?
May I submit Your Honor ..
That Dr Morrison's opinion of
mercy-killing is not relevant.
Of course it isn't, counsel.
But since the purpose
of the testimony ..
Is to permit the court to inform
itself as fully as possible.
I am very much interested
in the witness's opinion.
Please answer my question.
There are many who approve
of mercy-killing, Your Honor.
The court knows that, doctor.
But what is your opinion?
It's a little difficult to answer.
Well please try.
Then I must say that ..
Personally I'm opposed to it.
Under any circumstances?
Under any circumstances.
Walter, how can you possibly ..
The defendant will remain silent.
Dr Morrison, would you say that just
before the death of his wife ..
Judge Cooke was in a
normal state of mind?
Your Honor, this is apart from the
question of my guilt. My state of mind ..
For the last time I warn the defendant
to address the court through his counsel.
Proceed.
Dr Morrison, will you
please answer the question?
In my opinion Judge Cooke
was not in a normal state of mind.
On what do you base that opinion, Doctor?
I spoke to him on the same day that ..
On which his wife died.
He phoned me from Willow Beach.
To talk about Cathy, Mrs Cooke.
And what did he sound like on the phone?
He broke down.
He talked as though he were
emotionally unbalanced.
In my opinion, he was.
Then I have no further
questions, Your Honor.
Dr Morrison, what did he say that gave the
impression he was emotionally unbalanced?
He said that ..
He said that he was thinking
of doing away with himself.
And his wife.
Counsel, did I understand you to
contend there was no premeditation?
Yes, Your Honor.
Well, the witness's response
seems to indicate that there was.
No. No, Your Honor. That statement
doesn't indicate premeditation.
Judge Cooke could have said that only
if he were under severe mental stress.
He wasn't planning anything.
He was confused and beside himself.
It's this interpretation that I ask the
court to consider when passing sentence.
Either interpretation is possible.
You may continue.
I have no further questions, Your Honor.
David.
Does the Commonwealth
have any questions?
No questions.
If it please the court, may I ask
Dr Morrison one more question?
You may,
Dr Morrison.
Is it possible that Mrs Cooke might have
died before the accident occurred?
Surely counsel isn't suggesting
the witness give an opinion ..
About something he
couldn't possibly know?
I withdraw the question, Your Honor.
Doctor, is there any way of finding out ..
If Mrs Cooke died of her illness during
that ride, before the time of the crash?
Why, yes. An autopsy would
reveal the cause of death.
Then it will please the court, in view
of the seriousness of the charge.
And the type of punishment
which is possible.
I move that the court postpone
sentence on the defendant ..
Until such time as autopsy
can be performed.
Does the Commonwealth have any objection?
None, Your Honor.
It is so ordered.
This matter is continued for two days.
Until the 23rd June at
10 o'clock in the morning.
The court is adjourned,
You said you were opposed to
mercy-killing, Walter. Why? Why?
Because there are 10,000 laboratories at
work at this minute all over the world.
What is incurable today
is curable next Wednesday.
Six months from now ..
Six months, six years ..
Meanwhile, Cathy was in agony.
What would you have done?
I don't know, Calvin.
It doesn't matter. It's all over now.
There is no point in torturing yourself.
While we were driving through the rain.
I looked at Cathy.
She was asleep.
I said to myself, now she has no pain.
She's at peace, for the moment.
I knew then, I didn't want her
ever to have pain ever again.
I was sure it was the only thing to do.
And I was right, Walter.
I was right .. wasn't I?
Are you sure the Coroner
said he'd call you? Yes.
Sit down, boy.
You're wearing out the carpet.
I knew a man once who walked
himself right through the floor.
Disappeared for three weeks.
Oh come on darling. Stop worrying.
Why did he insist on staying in jail?
Why won't he let you change the plea?
To what?
Anything.
Not guilty by reason of insanity.
If he did that, darling.
Then, as a defendant, he'd be denying
his whole philosophy as a judge.
The Coroner ought to be finished by now.
Ridgeville 245.
I remember when I was
teaching Calvin in law school.
He was considered quite
a radical in those days.
Hello, this is Dave Douglas.
Judge Cooke's attorney. Have you ..?
Well, let me talk to Dr Boyd.
The assistant says Dr Boyd
isn't finished yet.
Hello, Dr Boyd?
Yes, I'm sorry to have
bothered you, but I ..
Yes, well .. please let me know
as soon as you've finished.
Only the first part of the
autopsy is completed.
What did they find?
Your mother didn't die as
a result of the illness.
Dr Boyd, did Mrs Cooke die
as a result of her illness?
No.
Did she die as a result of
the automobile accident?
No.
Then Dr Boyd, will you please
tell the court what she did die of.
We did the usual procedures and found that
death was due to an overdose of Demerine.
There will order in the court.
Dr Boyd, in your opinion ..
Was Mrs Cooke alive or dead
before the time of the accident?
According to our analysis, she was dead.
I have no further questions, Your Honor.
The Prosecution have any questions?
Well, I must admit to a certain
confusion at this point.
Does counsel mean to imply that his
client is not guilty of the charge?
Or that he is guilty of committing
the act by other means?
Your Honor, I will call two more witnesses
who will answer Mr Dayton's question.
And ultimately we may ask
leave to change the plea.
This is somewhat irregular, but the
court will permit the interrogation.
I call William Pearson to the stand.
Yep, I've seen this lady before.
Where?
She came into my store at Willow Beach.
And what did she do there?
She gave me a prescription to fill.
Of what?
Demerine. 20 tablets.
What are you trying to show, counsel?
That some time, during
her stay at Willow Beach.
Mrs Cooke discovered the
truth about her illness.
That's just a guess, counsel.
That much is.
But her finding the prescription
and getting it filled, is fact.
Which leads us where?
To my next witness.
I saw her put some pills
into a glass of water.
Did you see where she got them from?
Yes, sir. Her handbag.
Did you see the container?
It was a bottle.
I found it later when I was cleaning up.
It had "Demerine" written on it,
just like the drug-store man said.
That's all, Your Honor.
Has the Prosecution any questions?
None, Your Honor.
Witness may step down.
Your Honor, I move to change the
plea from "guilty" to "not-guilty"
And for a dismissal of the case.
The court will permit the plea
of guilty to be withdrawn.
However.
The defendant,
an honored member of society.
Has publicly confessed his intentions
to murder a fellow human being.
To commit what is commonly
called "mercy-killing".
What about these intentions?
I raise the question because
the defendant is a judge.
And as a judge he has an
influence on the community.
In this regard there is a danger ..
That others may follow his example.
And act to take a human
life for similar reasons.
To them I say, that while I pronounce
the defendant legally innocent.
I must, in all conscience,
pronounce him morally guilty.
The case is dismissed.
Your Honor.
Quiet in the court.
Quiet in the courtroom.
Quiet in the courtroom.
Your Honor.
Yes, Judge Cooke?
May it please the court to permit
me to make a statement?
Technically there is no case any
longer pending before this court.
However, I see no reason why
I shouldn't grant you your request.
Your Honor.
I am grateful for the court's
statement of its conscience.
Ever since the death of my wife.
I have been deeply troubled.
Not only because I lost
someone who was dear to me.
But because I couldn't
decide in my own mind ..
As to whether I had done the right thing.
Whether any man has the right to
take another's life for any reason.
In the last few minutes I find
that I did not take a life.
So I stand before this
court legally free.
Legally .. innocent.
Yet, Your Honor, you asked the question.
Am I not .. morally guilty?
Yes.
My intentions were to kill.
I stand morally convicted.
You might ask Your Honor ..
What I will do to expiate this guilt.
Must I never again sit in
judgement on other men?
Shall I give up my life's work?
My answer is "No", Your Honor.
And I will tell you why.
It was not so long ago that I sat
in this court, on that bench.
And refused to consider as relevant,
the intentions of another man.
Since that time, in this same court.
I have sat as a defendant.
In doing so.
I have learned that
intentions are important.
I have learned that a
man can be like myself ..
Legally innocent .. yet morally guilty.
And by the same token.
I now believe it possible for
a man to be legally guilty.
And morally innocent.
A man's heart must be considered.
I hope I will be permitted
to remain on the bench.
And if I am ..
Then henceforth, in this court.
A man shall be judged,
not alone by the law.
But by the heart, as well.
I like it hot.
A good trial.
Assault with intent to kill.
Not interested.
"Old Man Maximum" is on the bench.
"Old man maximum", eh?
Uhuh.
-It is kind of hot at that.
Do you recognize that man?
Yes, sir. I sold him a folding knife
Did he seem to be upset?
I object, Your Honor.
Very well, I'll re-phrase the question.
Do you recall his appearance at that time?
Yes, sir.
Would you say that when
the defendant, John Novak ..
Came into your store
to buy that folding knife
He acted like a man planning a murder?
I must object again, Your Honor.
Counsel to the defendant knows better
than to ask an opinion of this kind.
It is clearly immaterial.
Objection sustained.
Exception, Your Honor.
Exception noted.
Ladies and gentlemen of the jury, you
will disregard the witness's response.
I ask the court to reconsider
its ruling on that last motion.
On what grounds?
Your Honor, the Prosecution is
trying to prove that John Novak ..
Had planned an assault
with intent to kill.
I'm trying to show on the contrary.
That John Novak was not planning
anything remotely connected with assault.
And at the time of the attack, he suffered
a mental and emotional dislocation.
While the court appreciates
the counsel's earnestness.
It must remind him of
the laws of evidence.
We are concerned
with facts. Not opinions.
The court denies counsel's request to
reconsider its ruling. Kindly proceed.
Opinions, Your Honor, are
sometimes facts in themselves.
And have an important
bearing on the truth.
If the court would understand and not
hinder the Defence we may find that truth.
Mr Douglas.
I've been very patient with you.
But I warn you if you make another remark
of this kind, you'll be held in contempt.
Proceed.
Mr Hart, what did Mr Novak look
like when he was in your store?
I don't know. Like any other farmer that
comes to town on a Saturday afternoon.
Of course. But I mean his face.
Didn't you notice anything unusual?
He was unusually clean for a farmer.
If that's what you mean.
What I mean is unimportant. We are trying
to ascertain the facts. Yes, sir.
Was he scowling as he came in?
I wouldn't say so.
Was he frowning. Crying?
He was smiling Mr Douglas.
Smiling from ear to ear.
Twenty years.
He throws a man's life away
like a chewing-gum wrapper.
Water under the bridge, Dave. Forget it.
Forget it, nothing. I'm going
to fight for a new trial.
On what grounds?
Well, I'll figure something.
Maybe I'll use his charge to the jury.
It was dynamite.
What did he say that was wrong?
Not what he said, the way he said it.
Sure, his words were impartial, but his
tone was "Hang Novak, Hang Novak".
But Dave, how can you
prove a tone of voice?
I don't know.
I'll have to figure something.
What are you doing tonight?
Well .. Well, what?
I've got to be home.
Got to be?
It's Mom and Dad. Their anniversary.
Oh, I see.
Boy, he's sure threw the book at you.
You must be black and blue all over.
Don't waste your sympathy on me.
Novak got it where it hurts.
Sure. Top break all around.
Well ..
I'll be seeing you.
Look darling, I don't blame you
for feeling low, but cheer up.
You're not scraping the
bottom of the ocean yet.
Maybe I can meet you later?
Where will you be?
Like you said, at the
bottom of the ocean.
Will you call me at nine
and tell me which one?
If I can navigate to a phone.
Please call.
I'll look up at the fishes with you.
Might .. might not.
Well .. happy anniversary.
Cathy.
In my room, dear.
My .. what a lovely
sight to come home to.
Thank you, sir.
You're very welcome.
Uhuh.
Bite.
Oh .. idiot.
That's right.
It tastes much better without the paint.
Where is the girl?
In her room, I guess.
How'd things go today?
Like every other day.
Wound up the Novak case.
Oh, good.
Oh, hello.
How are you, darling?
Fine, thanks.
Mom, can I borrow your diamond earrings?
You know where they are.
You going to be home for dinner tonight?
Might .. might not.
Bracelet too?
You thief!
Earrings, bracelet?
What are you primping for?
A date. With whom?
Don't you trust your daughter?
Until the end of the earth.
If I nap too long, will you ..
I'll wake you.
I don't care what he's like here
at home. In court, he's a horror.
You exaggerate.
Go sometime. See for yourself.
You couldn't drag me there with
wild, Assyrian oxen. Why?
All I know is, he's a wonderful
husband and a loving father.
Tsar Ivan The Terrible was a wonderful
husband and a loving father, too.
Ellie, please.
No, really Mom.
Something happens to Dad when he puts
on his black robe and sits on the bench.
People as people don't
exist for him anymore.
They are defendants, witnesses, lawyers.
Without names or feelings.
Dad stops being a human
being and becomes a ..
Talking law-book.
Now Ellie, look.
Try to have as much understanding for
him as you want him to have for others.
But, Mom ..
And I still insist he makes a better
husband than Ivan The Terrible.
I bet Ivan remembered his
20th wedding anniversary.
Dad remembered. He just
didn't want to spoil my fun.
You act like a couple of kids.
Why didn't you say something?
I didn't want to spoil his.
What a family. Nobody spoils
nobody's fun .. except mine.
I'm Ellie in the middle.
What's the matter?
I had to turn down a date for tonight.
He's all alone.
Well bring him here.
Bring him here for dinner.
I can't.
Why?
It happens to be Dave Douglas and
you know how father feels about him.
And how do you feel
about this Mr Douglas?
I don't know.
But I think that if it doesn't
end up with church bells ..
I'm going to be the saddest, most
broken-hearted daughter you ever had.
Then he's someone I want to know.
Oh, he's wonderful, Mom.
He's honest. He's got more courage
than a paratrooper. He's handsome.
Oh Mom, what am I going to do?
You're a student of the law, Ellie.
Is there anything that says a mother
and daughter can't conspire?
Yes .. yes I know. Look Jim,
you've just got to find him.
No, he's not at home,
and I tried the bar at the hotel.
Please Jim, I'm counting on you.
Calvin.
Thought you could put one
over on me, did you?
Come on girl, snap into it. Put on your
prettiest dress. Look at your parents.
Who else is coming to this dinner party
that you were going to surprise me with?
You know so much. Figure that out, too.
Stock Martinis.
What's the matter with
the way I make them?
Nothing. I just thought you would be
interested in which is more economical.
Out of the bottle,
or the home-made kind.
After three Martinis,
who is interested in economy?
It's been twenty good years, Cathy.
Twenty happy years.
What would you wish for the next twenty?
More of the same.
Nothing else?
Can't think of a thing.
You get nowhere with flattery Mrs Cooke.
Oh well, if you force me to the wall.
I will admit I've been
thinking of a vacation.
A vacation? From one another?
Of course not you idiot. Together.
I bet Willow Beach is on your mind.
Calvin, could we? Would be wonderful.
A second honeymoon.
I wish I could say yes, Cathy.
My calendar is full with cases that take
me through the summer and into the fall.
I'll have to begin all over again.
Of course Calvin. I know.
But next spring, for sure.
Mrs Cooke.
I'm sorry, Julia.
It can't be helped.
It won't be rare.
I don't know how to tell the number
of drinks you get out of a bottle.
It depends on how much ice you use.
[ buzzer ]
You answer it, dear.
What's the matter with Julia?
It's part of the surprise.
What surprise?
If it isn't Judge Wilder,
it's got to be Charles Dayton.
Cathy my love. Congratulations.
Thank you.
Walter, how are you?
Still envious of him. Otherwise, fine.
What will you have? We're drinking
Martinis. Is that alright?
Splendid.
Where's that child
of yours? Little Ellie?
Little Ellie is a first year
law student, doctor.
Astounding.
You know the rate of growth these
days is frighteningly abnormal.
Why, six months ago you were that high.
Don't be silly doctor. You haven't
seen me since I was ten.
Impossible ..well how have you been?
Just fine thanks.
Drink for you.
Will you have some sherry, Ellie?
No, with the rate of growth
these days, I'll take a Martini.
Seems fair.
Ellie .. any word on your call?
Not yet. Jim Wilder is searching all over.
What are you two whispering about?
Women always have secrets, Calvin.
It's an established biological fact.
Mrs Cooke .. dinner is served.
Let's take our drinks in with us. Julia
will be tapping her foot in a minute.
Is it true what I read about
you in the newspapers?
Have you actually photographed
brain-waves now?
Yes, indeed.
First thing you know, you'll be
seeing them on television.
If that's your idea of fun.
You sit over there, Walter.
Thank you.
You know, right now I wish I
were twenty-five years younger.
Why, doctor? A little
difference in age isn't important.
Come to think of it, you know.
That's right.
When you're a hundred and
fifty years old, I'll only be ..
A hundred and seventy five.
See, Ellie. The value
of a scientific mind.
Well, with all my science, I never was
able to mix a Martini like yours, Calvin.
Why thank you, Walter.
To Cathy.
To Cathy.
[ buzzer ]
Never mind, Julia.
Hello Ellie.
Thanks, Jim.
Are you sober, darling?
I kind of wish I weren't.
Courage, my boy.
As Caesar said to Cleopatra ..
"Nemo me impune lacessit".
Or roughly translated .. if you
love the girl, what can I do to you?
This is the land of the free.
My dear Cathy.
Hello Jim.
The years battle against you in vain.
How are you, Calvin?
Good to see you, Jim.
Twenty years .. you've really
earned congratulations.
How's your chess game these days?
Not so bad.
Well, hello .. how are you
doctor? You look terrible.
Well, thank you, Judge.
Mother, this is David Douglas.
Hello Mr Douglas.
How do you do, Mrs Cooke?
Well, sit down everyone.
You know each other, Dad?
Yes, of course.
Good evening Douglas.
Judge.
And Doctor Walter Morrison.
The Walter Morrison?
This man believe everything
he reads in the papers.
What a distinguished company we are.
Youth, beauty, intellect .. me.
Better get your coat, Ellie.
It's getting kind of cool out.
Oh Ellie, perhaps Mr Douglas
would like a drink?
Will you have some coffee or brandy?
No, thank you.
I didn't know you and
Ellie were acquainted.
Well, she's attended some of
my lectures in criminal law.
Oh .. Ellie said something
about a wedding anniversary.
Congratulations, Mrs Cooke.
Thank you.
And you too, sir.
Thank you.
You sure you have to go, Mr Douglas?
Well, Ellie and I are ..
Why don't you stay?
I'm afraid not.
I didn't realize you taught criminal law.
I don't exactly. I just give
some supplementary lectures.
Have you read Bawden's new book?
The Philosophy Of Law?
I've read it.
What'd you think of it?
It's alright.
Goodnight Mrs Cooke. Nice meeting you.
I hope we see you again, soon.
I thought it was a very good book.
I didn't .. goodnight all.
What didn't you like about it?
The judge who wrote it, mostly.
Seriously, that book was written as if the
author was still wearing a powdered wig.
It's a hundred years behind the times.
It ignores every modern principle of law.
The progress made by men like
Justice Cardozo and Justice Holmes.
Ah, Holmes, sweet Holmes.
What principle does it ignore?
The principle that for a judge ..
The law written in the statute books
is only a blueprint for justice.
Not justice itself.
Don't be impatient with us my boy.
Justice .. isn't blind.
She is merely blindfolded.
Not justice .. only certain judges.
Shall we go?
I'm ready.
Come again, Mr Douglas
Thank you. Goodnight.
Goodnight.
Goodnight everybody.
You know there is one aspect of human
reproduction that I never thought about.
People not only produce
children, but ..problems.
I'm not worried about Ellie.
wouldn't it be wonderful if science had a
medicine to bridge the generations?
Maybe it wouldn't be so good.
Well as PT Barnum used to say ..
"Nemo me impune lacessit".
Roughly translated: "how
about a game of chess?"
Oh not now Jim.
Go ahead, dear. Walter won't mind.
Why, of course not.
Cathy and I have some old
love stories to talk over.
Well, alright .. under protest ..
Walter .. I've been wanting to talk
to you about a friend of mine.
A woman of about my age.
Professionally or are you
trying to marry me off again?
She tells me that in the
last six months or so ..
Oh, for example .. if she goes
to reach for a glass .. like ..
Like this.
Her fingers don't
co-ordinate or something.
Uhuh .. that's interesting.
And every once in a while
she has terrible headaches.
How about her eyes?
Do they bother her at all?
Yes.
Yes, she tells me that ..
Occasionally, though not very often ..
Things seem to fade away.
And her hearing? Does she think she
hears noises that no-one else hears?
Yes .. yes, that's exactly
what my friend said. She ..
It sounds rather frightening, doesn't it.
Oh, I don't think so.
Maybe you'd better come
to Philadelphia tomorrow.
To my office.
Walter.
I don't want to worry Calvin. Don't
let him know I'm coming to see you.
I wouldn't make him
jealous. I wouldn't dare.
Calvin.
Uhuh.
Do you think we've lost
touch with Ellie a little?
You can't keep in touch with anybody
unless they tell you what's going on.
Obviously, she's known this
Douglas fellow for months.
Good morning, Judge.
Good morning.
Has she talked to you about him?
In a way, yes.
She hasn't talked to me.
That's because she's afraid you'd object.
Good morning. Morning.
I certainly do object.
Mind you, I don't intend to tell Ellie
whom she may or may not see.
After all, this is not 1880.
But that young man is opposed
to everything I stand for.
Everything I've been taught to believe in.
Good morning. Good morning.
Other people respect my opinions.
No reason why my own daughter shouldn't.
Yes, Calvin. Oh, I may be
going to Philadelphia today.
What for?
Shopping.
Good morning, Mr Pope.
Good morning, Judge.
Thank you.
How's your grandchild today?
Growing like a weed.
Give your daughter our best wishes.
Thank you, ma'am.
And a very good day to you, sir.
Thank you. Goodbye.
I never see you giving Mr Pope any money.
Is he doing this as a public service?
I have a very complicated
business arrangement with him.
By the way, I know why you're
going to Philadelphia.
You do?
Certainly.
To buy me a birthday present
It's obvious. That's right.
Now look, dear. You gave me a pen
and pencil set for our anniversary.
The pencil can be for my birthday.
Yes.
Bye.
There's a lot of double talk on the radio
today about health and modern living.
Every time you twist the dial
you hear a happy voice say ..
"Aren't you glad you're living today?"
What's it smell like?
Oh .. horrid.
You are right, it's sal ammoniac.
And now?
It still smells horrible.
You know I sometimes wonder how
people ever lived in the poor old days.
When the "vitamin" was nothing
but a gleam in some scientist's eye.
Feel anything?
Yes.
And now?
Yes .. I think so ..
How about now?
Yes.
And now?
Oh of course not .. what are
you trying to do? Trick me?
Well, I'm afraid you're
too smart for me, Cathy.
Ouch!
Sorry.
Of course, modern living
is a wonderful thing.
Do you realize that a hundred years ago,
there weren't second-hand cars for sale?
Don't move, Cathy.
But if a man had dandruff, the only thing
a poor fellow could do was wash his hair.
Or chop his head off.
I haven't seen anything like this
since I had my first permanent.
And that's a thing. I shudder to think of
our mothers struggling with straight hair.
And how the men ever got their
pay-raise without brushing his teeth.
With you-know-what is a mystery to me.
To this day I still don't know how my
Grandfather and Grandmother got married.
What with her dish-pan hands
and his saddle-sale grey.
There wasn't even a bar of soap around
guaranteed to win his sweetheart's love.
Alright Miss Green.
There isn't anything I can say now Cathy,
until all the X-Rays have been developed.
And I get the lab reports.
But from what I can tell,
you've nothing to worry about.
But my headaches, Walter. And my eyes ..
I think they are only temporary
disorders. Nothing organic.
You know, at your age one must
expect a few minor difficulties.
When will I know for sure?
By tomorrow.
By tomorrow all the
election returns will be in.
Walter, about the fee.
I don't want Calvin to know and ..
You've paid it.
No really.
You want a receipt?
Then you'll telephone tomorrow?
Sometime before dinner.
Goodbye .. and don't worry.
Goodbye Walter, and
thank you for everything.
Goodbye.
Goodbye nurse Coble.
Miss Coble, would you come in please.
Yes, Doctor?
Miss Coble. Have copies made of all
Mrs Cooke's pictures and her history.
Send them all out immediately air-mail
to George McDermott in San Francisco ..
Doctor Henry Levy in Denver.
And Doctor Frank Standish in Boston.
What time did Ellie get in last night?
Shortly before you did.
Pretty fancy hours for a girl her age.
Maybe you should have a talk with her.
I think you should, Calvin.
But not about the hours she's
keeping. She's very disturbed.
Did you buy out all of
Philadelphia yesterday?
You will talk to her tonight, won't you?
Right after dinner.
What did you buy?
Nothing. The stores didn't
have what I wanted.
Good morning.
Morning.
Good morning, Mr Pope.
Good morning, Judge.
Thank you.
How is the grand-child?
A little cranky this morning.
He's cutting his first biter.
His first tooth.
Well congratulations.
Thank you, ma'am.
And a very good day to you, Judge.
See you tomorrow.
Just what is this complicated business
arrangement you have with him?
Oh, it's nothing, dear. I buy the
flowers from him wholesale.
Well, why not? A bunch of flowers
every day for 365 days ..
Yes, multiply that by thirteen
years and seven months.
I could have bought a
whole greenhouse by now.
Goodbye, dear.
Goodbye.
Ellie.
What are you doing here?
I want to talk to you. Right now.
Don't you have a class this morning?
Some things are more important.
In less than two minutes
I have to open court.
If I can cut a class I think you could
delay sending some poor soul to jail.
I don't like that, Ellie.
It sounds like ..
Like somebody else.
That's exactly who I want to talk about.
I can't now, darling.
When?
Pardon me, Judge. There is a
message for you to call operator 23.
Urgent.
Thank you.
I'll call during recess. Thank you.
I tell you what.
You come back here at 4 o'clock
and we'll talk to your heart's content.
Fair enough?
Come on. Say it's fair.
Fair.
But don't think you'll change my mind ..
By appealing to your exalted
position as my father.
No .. just be of good sense.
Turn them up.
Is the Prosecution ready to resume the
case of the Commonwealth versus Winter?
Ready, Your Honor.
Is the Defence ready?
Ready Your Honor.
Can you stipulate the jury is in the box?
Jury stipulated. And checked.
Pardon me, Your Honor.
I wish to call the next
witness, George Johnson.
George Johnson.
Tell him I'm in court now.
I'll call him back later.
Do you solemnly swear that the testimony
you shall give shall be the truth ..
The whole truth and nothing
but the truth, so help you, God?
I do.
State your name.
George Johnson.
Recess for five minutes.
Recess for five minutes.
This is what we call an encephalogram.
It's like an X-Ray.
You see this shadow here?
That is the area which has been affected.
These pictures with my tests of smell,
touch and balance, with other tests.
All go to make up the diagnosis.
Well?
Calvin, we've known
each other a long time.
Almost our whole lives.
Say it straight, Walter.
There are many names
for Cathy's condition.
When an illness has a lot of names, it
means we don't know very much about it.
I don't have to know what it's called.
However, Cathy's symptoms
are fairly indicative.
She's had them for over a year.
A year?
She never told me.
She didn't even want you to know
that she came here yesterday.
If she'd told me I'd have sent
her to a doctor long ago.
I'd have brought her here to you.
She'd be over it by now
She should have told me.
She's always pretended that
she's stronger than she is.
She thinks I resent it, when she's sick.
Calvin.
It's not true.
It wouldn't have made any difference.
But a year?
Calvin!
It was hopeless even then.
Wait a minute, Walter.
You said yourself, no-one
knows much about this.
Calvin, we can't even operate.
That's just your opinion.
I respect you, Walter.
But, it can't be. It's not possible.
Tell me who the best men are.
I'll try them all.
I've already taken care of that.
Miss Coble, I'm ready for
that conference call.
Copies of the X-Ray plates and Cathy's
medical history left here yesterday.
By air to Dr Standish in
Boston, Dr Levy in Denver ..
And Dr McDermott in San Francisco.
We've consulted together
on many cases, Calvin.
They are considered
the top men in the field.
In a moment, we'll hear
what they have to say.
I don't believe them.
How can it be? All of a sudden ..
Just the other day she said she
wanted to go away for a trip.
Willow Beach.
Walter, there must be other
specialists besides these men.
Have a cigarette, Calvin.
I haven't smoked in years.
My father smoked cigars
but I never liked them.
How was she yesterday?
Was she in pain?
[ intercom ]
"Your call is ready now, doctor."
Calvin, I want you to listen to this.
Use the extension in there.
Hello gentlemen.
This is Walter Morrison.
Did you all receive the plates and
records I sent you yesterday?
Good.
Doctor Standish, will you please speak
a little louder. I can hardly hear you.
Can you hear alright, Doctor McDermott?
Good.
The patient's husband is with me.
I've already given him my opinion.
Doctor Levy, will you start, please.
As far as I can see, the
pictures tell the story, Walter.
There is no doubt in my mind that
it is a neoplastic situation.
Inter-cranial pressure will
undoubtedly get worse.
The readings on the spinal
manometer clinch it for me.
The location of the lesions should cause
anaesthesia in the extremities momentarily.
I had a case recently like this.
There were spasms of pain that increased
steadily in frequency and intensity.
Considering the area involved,
you can't touch it, Morrison.
I agree. Surgery is absolutely useless.
Death is indicated at any time.
What did ..?
Calvin.
I wish there was something I could do.
What happens now?
Nothing perhaps for a short time.
There'll be certain symptoms of course.
A lack of co-ordination.
But when her right arm and leg completely
lose their sense of feeling and go numb.
Soon after that, she'll
pass into the final stages.
Pain?
A great deal.
I'm giving you a bottle of
full-strength Demerine. 20 tablets.
With a prescription for 20 more.
When it gets really rugged, give her two.
They'll relieve her for an hour or so.
No more than two pills within
any twelve-hour period.
They are very toxic.
Are you listening?
Yes.
I'm also giving you a letter of
instructions to your local doctor.
It has the complete
description of the case.
Walter.
What's the best way
of breaking it to her?
There is no best way.
Yes, I know. But she's
got to be told the truth.
Why?
What do you mean?
You don't have to tell her, Calvin.
Lie to her?
I've never lied to her in my life.
It's only a lie of omission.
She'll see it on my face.
Then you'd better learn to pretend.
This is her life, Walter.
How can you let someone you
love not know she's going to ..
There may be a hundred things
she wants to do or say. You can't ..
It will only add pain
to her pain, Calvin.
Don't you see that?
I only want to do the right thing.
The right thing is to save her
whatever suffering you can.
I don't know.
Suppose I don't tell her and she finds out?
It'll be a million times worse, Walter.
The thing that has always
made our life so ..
So good .. is the truth between us.
If she finds out tomorrow you'll have
given her one day more of peace.
If she finds out a week from tomorrow,
you'll have given her a week more peace.
Calvin.
I know there's nothing in the world you
wouldn't give Cathy to make it easier.
As your friend, I beg you, now give
her the most precious gift you have.
Silence.
I don't know.-
I don't.
And I'm going to show you something.
I didn't want to, but it is
something you've got to see.
Before you make up your
mind one way or the other.
"Yes, sir?"
Miss Cobol, I'll be on the third floor.
Come with me, Calvin.
This man is a patient of mine.
He's in the last stages
of what Cathy has.
Walter ..
What is it, Calvin?
Nothing.
You're late, Father.
I've been waiting over an hour.
I'm sorry, Ellie. I was delayed.
I can't talk to you now.
But you have to.
You promised and I waited.
Some other time, Ellie. Please.
No .. you can't put me off again.
I'm in love with Dave Douglas and he's
in love with me. And you just can't ..
What's the matter, Dad?
Aren't you feeling well?
No .. I'm alright.
He's really wonderful, Dad.
You can't let little differences
of opinion stand in the way of ..
Ellie, please ..
I want to be by myself for a while.
You're not even willing to try.
How can you be so selfish?
So inconsiderate of
other people's feelings?
Not now, Ellie. I don't want to talk
about it, now. Can't you understand?
You don't have to shout.
I understand perfectly.
Calvin, darling.
I have the most terrible
confession to make to you.
Yesterday was the first time in
my life I ever told you an untruth.
I did go to Philadelphia but not to shop.
I went to see Walter Morrison.
I've been worried about, oh, headaches
now and then. Just silly little things.
Well, Walter just telephoned and there
is nothing wrong with me. Nothing at all.
Alright .. that's fine.
He did prescribe a little vacation,
though. But that can wait.
I have tickets for the concert tonight,
so come on upstairs and get dressed.
And afterwards you are going to take me
to a place I've always wanted to go ..
And never had the nerve
to ask: The Valley Inn.
It's a road-house, darling.
Where people go for all
sorts of interesting reasons.
Will you take me, darling? Please?
I base my motion for a new trial.
On the grounds that the language
used in your charge to the jury ..
Was designed to give the impression
that you thought the defendant guilty.
I resent your choice
of the word "designed".
I assure you that I know the law and
what is proper judicial language.
I'm not suggesting that you
consciously tried to sway the jury.
But you couldn't avoid
expressing subconsciously ..
In tone and in language,
what you really believe.
This is absurd. How can you base a
challenge on a judge's subconscious?
May I ask you a few questions, sir?
Of course.
I have here a leaf from your calendar
on the date of the Novak trial.
It was found and given to me.
Is this your handwriting?
Yes.
Do you remember when you drew
that and wrote those words?
Yes, I remember very well.
It was just before the
District Attorney's summation.
Now, there's one more question I
would like to ask you, Judge Cooke.
It's a question that
only you can answer.
And on your answer depends the
validity of my request for a new trial.
It occurred to me that
those words "20 years".
It may have referred to your 20th wedding
anniversary which happened on that date.
Of course it referred to that.
Do you remember what you
were thinking at the time?
Could it have been the
wedding anniversary?
Or was it the Novak sentence?
It was the Novak sentence.
I decided that if the jury found him
guilty, what he deserved was 20 years.
And there is no violation
of the law in that.
Not literally.
But by your own admission as to the time
and meaning of those words "20 years".
I ask you to consider how your charge
to the jury might have been affected.
A judge is a human being.
And I'm convinced that in spite of
your best efforts to be impartial ..
Your belief in Novak's guilt
crept in to your speech.
In all my years of practice,
this is the most absurd ..
Mr Douglas, in light of your argument.
I will re-examine my
instructions to the jury.
Is that all?
Yes, sir.
I'm sorry.
Please go.
I hope you believe me. There was nothing
personal in my obligation to Novak.
You've made your point, Mr Douglas.
Bring in a copy of my charge to the
jury in the Novak case, please.
Yes, sir.
Why did you have to tell him?
Are you suggesting I
should have lied to him?
Well, of course not, but ..
There are no "buts".
I'm accountable.
I'm sorry.
Would you get me Ridgeville 322, please.
There you are, sir.
Thank you.
In a case of this character,
the jury must find the truth ..
Of the challenges and counter-challenges,
the evidence and the arguments.
Hello, Cathy?
I've got a job for you. Start packing.
That's right. We leave tomorrow
morning for Willow Beach.
Yes, a sort of second honeymoon.
Yes, dear. Yes, of course it's alright.
Jim Wilder has agreed to
take over my calendar.
Are you pleased?
Good .. see you soon.
If you agree that the evidence given by
the Prosecution is true beyond a doubt.
Then you must find the defendant
John Novak guilty as charged.
If you agreed.
If the evidence as presented
by the Prosecution is true ..
Then you must find John Novak guilty.
If you agree.
You must find Novak guilty.
Would you get me Judge
Wilder's office please.
If you agree.
Jim?
On that Novak case, Douglas
was in to move for a new trial.
Yes.
No, I think you're wrong, Jim.
I've decided to grant it.
He's not selfish and he's not trying
to avoid a discussion about David.
Now you let me handle this in my way.
The time we get back from Willow Beach ..
I don't want to wait that long.
Did you remember when you
first wanted a driver's license?
Remember what he said?
Yes, but after all ..
The time you wanted to go
to the carnival at Dartmouth?
Well, you went didn't you?
Of course.
This will be the same thing, Ellie.
A father and daughter are very close, but
I have known him longer than you have.
Well, I still don't see why
I can't talk to him myself.
Something is worrying
your Father, Ellie.
I don't know what it is.
The Novak case, I guess .. oh well.
This vacation will do him a lot of good.
So you let me talk to
him while we're away.
Well, anyone who can get him to go to the
Valley Inn can talk him into anything.
Thank you.
It seems different from
the way I remember it.
I thought it was much bigger.
Everything was bright and grand that day.
Remember how nervous you were?
I was not, except when the clerk said ..
Do you have a reservation?
Exactly!
I'm Judge Cooke. I sent you a wire.
You didn't have to.
The place is practically empty.
I remember how embarrassed I was.
I was hoping he wouldn't ask.
The bridal suite?
Exactly.
Sign here, please.
That crate of eggs don't
seem too fresh to me.
Then send them back.
Okay.
Thank you. Here you are. Suite "A".
Front.
Can't send them back.
Got omelette for a lunch special.
Then change the menu.
I already changed it once
from chops to omelette.
Then change it back again.
Okay.
Ambition is a treacherous trade.
Twenty years ago I ran this elevator.
Then I wanted to be a desk-clerk.
Then I wanted to be the manager.
But my biggest dream was that
maybe someday, I'd be the owner.
Little did I think that my good
fairy would satisfy my every wish.
Want a Barbie-doll?
No. I'm a big girl now.
Calvin, do you remember it was there you
won the lovely ashtray for me. Ten cents.
Ten cents? That ashtray cost
me six and half dollars.
And my reputation as a ball player.
Want to tell you how much you weigh?
No. Let's keep that my little secret.
Hey .. hey, you with the eyes.
Hey girls, what's your big hurry?
Fall fatally flat. Five times.
I'll take the blond, huh?
It's still going on.
I bet it's still fun, too.
Come on Mister. Try your hand. Show
the beautiful lady how good you are.
No thanks.
Come on, show the beautiful lady.
What for? This one doesn't
even give away ashtrays.
Tell you what, Mister.
The first three balls on the house.
As a matter of fact the last time I threw
a ball was right here twenty years ago.
Same pigs.
Their great grandsons.
Would you mind moving back a little bit?
I beg your pardon, but aren't
you being a little bold?
I beg your pardon, ma'am.
I thought you were someone I knew.
Is this man bothering you, lady?
No more than usual.
I bet you can't get that pig down.
I'm in complete agreement
with you, Miss Downing.
Oh, you know my name?
Yes, and that you play the piano.
Better than you throw a ball.
Granted.
Let me try it.
Ah, you don't want to.
Afraid I'll beat you? Come on.
Alright.
Alright now .. watch out everybody.
I did it!
Thank you .. very much.
Calvin .. Calvin.
No. Go back and then come this way.
Do you know the way out?
Sure lady, it's easy. Follow us.
Tricky, wasn't it?
What's the matter, Cathy?
Oh Calvin, take me back
to the hotel quick.
What happened?
I don't know.
I don't know myself in fact.
Oh Calvin, I don't feel very well.
Taxi!
Still bad?
It will go away in a minute.
I've got something in
my bag that will help it.
Some .. some aspirin.
Here, dear.
This will make you feel better.
Calvin.
Yes, dear?
What time is it?
Almost morning.
The sun is coming up.
You feeling better?
I'll be alright.
Have you any more aspirin?
I think so, but ..
I'll see.
Dear ..
I'm sorry I've spoiled the trip.
Nonsense.
You did nothing of the sort.
There aren't ..
There aren't any more aspirin, dear.
I could get some from the night clerk.
Don't bother.
I think I'll ..
I think I'll just fall asleep.
Calvin.
No, no, it was a terrible attack, Walter.
I don't know how she stood the pain.
Yes, yes I gave her the pills, but they
didn't seem to do her any good.
Yes, sometimes the effect of
the Demerine doesn't last.
No, no Calvin .. they are very toxic.
No more than two in any twelve hours.
Is she comfortable where you are?
Good.
What about her right side?
Well try it, without letting
her know what you are doing.
Control yourself, Calvin.
You've got a job to do.
Calvin, I don't want to hear talk like
that. You've still got a lot to live for.
What about Ellie? What about your work?
Now you listen to me, Calvin.
Do you hear me?
Alright.
Alright, now.
[ tyres squeal noises ]
Look at that crazy driver!
He didn't even stop.
Look at that dog. He really mangled it.
What did they do to it?
The impact really hurt that dog.
Whose dog is it?
He's mine, officer.
Well, we can't let him suffer.
You'd better put him out of his misery.
I've had this dog for ten years.
I know how you feel old-timer.
I've got a dog of my own.
It's better this way.
Stand back everybody.
Stand back.
[ gunshot! ]
Cathy.
I'm out here, darling.
What are you doing out of bed?
I feel ever so much better.
I've even ordered breakfast.
The pain has completely gone.
Why that's wonderful.
It's probably the sea air.
They ought to bottle it.
Calvin.
Yes, dear.
I've been thinking.
What about?
About Ellie and David Douglas.
I gather my dear that you
promised Ellie you'd work on me.
That you'd connive, persuade and plead.
Calvin.
We wouldn't have dreamed of leaving
Ellie alone when she had the measles.
No.
Well, being in love is
much more serious.
At a time like this a girl
needs someone to talk to.
These can be the most
bewildering days of her life.
Do you want to go home?
Don't be disappointed, dear.
It's been a rare holiday.
But I would like to be with Ellie.
So would I.
Something seems to
be wrong with the car.
Tired?
How far do we still have to go?
We're making pretty good time.
We ought to be home about eight.
It's just past five now.
it must be later than that.
It's so dark.
The motor's been missing on the way up.
Would you take a look at it, please?
Pull up in here out of the rain.
Leave the motor running.
There's a lunch counter inside, dear.
How about a cup of coffee?
No thanks, dear.
I think I'll just sit here.
Where is the nearest drug store?
Huh?
A drug store. Is there one nearby?
Which way you heading?
Ridgeville.
Nearest drug store is at Paramount, about
twenty miles up. The way you're going.
The spark plugs are alright.
Kill the motor. I'll check the fuel pump.
How long will that take?
Well, it's hard to say.
Well, get on it as quickly as you can.
I'll get on it right now.
We'll have to wait here a few minutes.
Might as well come inside.
Better get out this way, dear.
Keep out of the rain.
Have a cup of hot coffee, dear.
It will do you good.
Evening folks.
Good evening. Two coffees, please.
Is your headache pretty bad?
Not too bad.
I'm just anxious to get home.
There's a drug store up the road.
We'll get something there to relieve it.
Hey, mister .. it will speed things
up if you'll give me a hand.
Will you ..?
You go ahead, dear.
I'll be alright.
There you are, lady.
Thank you.
It's too hot.
May I have a glass of water, please?
Sure.
What's the matter, lady?
You feeling sick?
A little, yes.
Shall I call your husband?
No, don't. I ..
I'll be alright.
Is there anything I can do for you?
If you would, yes there is.
Will you put in a long-distance
telephone call for me, please?
Ridgefield 322.
How much longer will it take?
Oh not too long, if this
is where your trouble is.
How late does that drug store stay open?
Usually closes about seven.
Just a moment, please.
Here's your call, lady.
Thank you.
Hello Mom, where are you?
Yes, we got Dad's wire.
Julia has dinner ready.
Mom .. what's the matter?
You sounded so funny.
Have you got a cold or something?
No darling, I'm alright.
Don't wait dinner for us.
I didn't want you to worry.
Yes.
Yes, Dad's here.
I'll let you talk to him.
Goodbye, dear.
I love you.
It's Ellie.
I told her we might be a little late.
Hello, Ellie.
Hello, Dad.
What's the matter with Mom?
She sounded so ..
What?
Well, why not tonight?
What's the matter with the car?
Look, I can get Dave,
and we'll drive up for you.
No. No, don't do that.
Wait for us at home.
I .. I didn't say we
wouldn't but it's possible.
If we don't get back tonight ..
What happened?
Dad?
Hello .. hello.
Operator, we've been cut off.
Please.
I'm sorry .. I'm so clumsy.
That coffee was hot. How's your hand?
It doesn't hurt.
I'd better get some butter for it.
No. Never mind.
You should put something
on it before it blisters.
No. Really, dear.
It doesn't hurt at all.
I didn't even feel it.
I ..
I'm alright.
Here. Lie down, have a room.
You can spend the night.
Perhaps we'd better, dear.
I'll go on to the drug store.
No, don't. I ..
I want to go home, please.
Thank you.
Yes.
Oh, thank you.
She said they'd hung up.
What time will they get here?
Dad said he didn't know.
And I think Mom was crying.
Something's happened, I know it.
I had a feeling all along that ..
Now don't you start crying.
Hello operator, will you
try and trace that call.
It was from Judge Cooke.
I don't know. Probably a gas station
on the Willow Beach - Fairmont road.
About eighty miles from here.
Yes, I'm sure you can.
It's terribly important.
I'll hold on.
How much do I owe you?
Oh, about $3.50 will cover it.
$3.50 out of $5.
Never mind the change.
Thank you, sir.
You'd better step on it you want to
get to that drug store before it closes.
Judge Cooke! Judge Cooke, there's a ..
There's a call.
Too late now.
Keep your eye on him
today, will you David.
Yes, I know. But the doctor thinks it
will be good for him to get back to work.
Well .. maybe tonight.
You come over and we'll have
a talk with him after dinner.
Isn't he down yet?
Just a minute, David.
He'll be right down, Julia.
There he comes now.
I'll talk to you later, David.
Right. Goodbye, darling.
Good morning, Dad.
Good morning.
A beautiful day.
Yes .. beautiful.
Breakfast is ready.
Alright.
I don't care for any, thank you.
You have plenty of time.
Yes, I know.
I don't feel like .. eating.
At least have a cup of coffee
while I phone for a cab.
Don't bother, Ellie.
I prefer to walk.
Oh, but Dad, not on your first day out.
Why?
I feel fine.
I'll walk with you, then. Wait a
second until I get my jacket.
If you don't mind, Ellie dear.
I'd rather you didn't today.
Well, good morning Judge.
Morning.
Good morning, Judge.
Glad to see you up and about.
Morning.
Oh, good morning Mr Pope.
No thank you.
But Judge ..
Good morning, Your Honor.
Well, good morning Judge.
Welcome back. Have a chair.
It will only take a few
minutes of your time.
Is there something I can do?
Mr Dayton.
I want you, as District
Attorney of the county.
To issue an indictment
charging one Calvin Cooke ..
With the murder of his wife, Catherine.
What?
I wish to make a full confession.
You're sick. You don't
realize what you're saying.
Mr Dayton, will you take my statement
now, or do you wish to do it later?
Judge, you're in no condition to ..
If you don't issue the indictment,
I'll go to the State Attorney General.
And if he refuses, I'll publicly
confess to the newspapers.
I've committed an act of murder,
and I must be tried for it.
Well?
Yes, Judge.
Ellie.
I don't know what to say.
Don't Dad.
You don't have to say anything.
You know I loved your mother.
I know.
Doctor Morrison said there was
nothing they could do for her.
I know, I know.
The first thing we have to
do is get you back home.
There won't be any trouble raising bail.
No, Ellie.
I don't want you to.
Why Dad, you've been through so much.
Why do you make it so hard for yourself?
Have you seen a lawyer yet?
I don't need one.
There is no case for me.
You've got to have a lawyer.
Will you talk to Dave Douglas?
Ellie, try to understand.
I'm guilty .. there is no
question of defence.
I've committed a crime.
What you did was no crime.
That's not true, honey.
Anybody would have done the same thing.
That's not the issue.
My motives only explain what I did.
They don't excuse it.
I'm not going to let you be your
own prosecutor and judge.
I'm going to see Jim Wilder.
Ellie.
I'm sorry, Dad.
Mr Crane.
Ellie.
I forbid it.
Did you ask mother whether
she wanted to ..?
No.
And I'm not going to ask you.
Open the door please.
No.
Since he's confessed,
it won't be a jury trial.
It will be up to the judge.
Up to you, Jim. You can let him off with
manslaughter or a suspended sentence.
I'm afraid it won't work that way, Ellie.
You've got to, Jim.
It's his only chance.
You are his friend.
That's the very reason why I ..
Must disqualify myself.
Jim.
If Dad were about to jump off
a bridge or shoot himself.
You'd stop him, wouldn't you?
Of course.
Why, that's just what he's doing now.
And you won't raise a finger.
Ellie, it's impossible. Believe me.
Another judge will be sent in.
He'll be a good man, honest and just.
And your conscience will be clear.
Everything will be nice
and legal and regular.
But my father will be
sentenced to prison.
Ellie, child ..
Oh yeh, oh yeh, oh yeh.
All men or persons having anything
to do before the honorable Judge ..
Of the court of common pleas.
The court of general jail deliveries.
The Court of Quarter Session of
the peace here holden this day.
Let them come forward
and they shall be heard.
God save the Commonwealth
and this Honorable Court.
The people of the Commonwealth of
Pennsylvania versus Calvin Cooke.
Is the Prosecution ready, Mr Dayton?
Ready, Your Honor.
Does the defendant intend
to act as his own counsel?
Yes, Your Honor.
And I am ready.
You may proceed, Mr Dayton.
The said Calvin Cooke is accused
by the district attorney ..
Of and for the county of Shoreham,
Commonwealth of Pennsylvania.
By this indictment
of the crime of murder.
The felony committed as follows.
That the said Calvin Cooke, on
or about, the 23rd May 1948.
That in the county of Shoreham,
Commonwealth of Pennsylvania.
Did willfully, unlawfully
and feloniously.
And with malice aforethought, murder
one Catherine Cooke, a human being.
How does the defendant plead?
Guilty.
If it please Your Honor, I would
like to say a few words in this matter.
Who is addressing the court?
David Douglas. A member
of the Bar of this city.
What is your interest
in this case, counsel?
I have known the defendant for
a considerable period of time.
And I'm familiar with
the facts in this case.
And therefore I would like to ask
the court to appoint me as counsel.
Your Honor, I am perfectly capable
of acting in my own behalf.
May I respectfully refer the court
to "the people versus Chester".
1929 Advance California
reports page .. 826.
In which the Supreme Court held that when
a man pleads guilty to a charge of murder.
And refuses to have counsel,
the court must appoint counsel.
In order that the defendant be given
his entire rights under the law.
The court is familiar with
the cited case, and others.
Your Honor, that same
case made an exception ..
Where the defendant knows
his rights under the law.
I have been a member of the
Bar and a judge on the bench.
I know the defendant by reputation and he
is qualified to handle his own defence.
However, this court will rule ..
That justice would best be served
by the appointment of an attorney.
Further, I hereby designate Mr David
Douglas from the Bar of this city.
Thank you, Your Honor.
Now, with the court's permission.
I wish to change the defendant's plea
from guilty to not-guilty by reason of ..
Your Honor!
According to the law, I can discharge
any counsel appointed by the court.
If Mr Douglas moves to change my plea,
then I refuse to accept him.
I am guilty and that is
the way it will stand.
Under the circumstances, I withdraw
my motion to change the plea.
Has there been anything
added to this confession?
No, Your Honor.
Dad, please ..
Ellie, dear. I know what I'm
doing. Don't try to interfere.
Before sentencing the defendant ..
Is there any legal reason why the sentence
should not be pronounced at this time?
May it please the court to delay
the pronouncing of sentence.
Until I have had a chance to show
that there was no premeditation.
And there are extenuating
circumstances to this case.
Your Honor, this is completely irrelevant.
Judge Cooke, you're the defendant here.
I will determine such questions.
As a judge, you know that
I must hear any evidence ..
Which might help me to
arrive at a just sentence.
Does the Commonwealth object to the
introduction of evidence at this time?
None, Your Honor.
You may proceed, Mr Douglas.
I would like to call as witness,
Doctor Walter Morrison.
Doctor Walter Morrison.
You're merely wasting
the court's time, Douglas.
Please, Dad. Let David do what he can.
.. be the truth, the whole truth and
nothing but the truth, so help you, God.
I do.
State your name.
Walter Morrison.
Doctor Morrison, what is your profession?
Your Honor, the Prosecution
stipulates that Dr Morrison ..
Is a distinguished neurologist and brain
surgeon, and accepts him as an expert.
Thank you, Mr Dayton.
Dr Morrison, we know that Judge Cooke's
wife was suffering an incurable ailment.
From which she might have
died at any time .. is this correct?
Yes.
Did her ailment also involve intense pain
which may not be alleviated by medicine?
yes.
Would you say it was a natural desire to
want to end that pain in someone beloved?
Why ..
Is it or isn't it?
Why yes, it is a natural desire.
Dr Morrison.
Do I understand you to imply you
are in favour of mercy-killing?
May I submit Your Honor ..
That Dr Morrison's opinion of
mercy-killing is not relevant.
Of course it isn't, counsel.
But since the purpose
of the testimony ..
Is to permit the court to inform
itself as fully as possible.
I am very much interested
in the witness's opinion.
Please answer my question.
There are many who approve
of mercy-killing, Your Honor.
The court knows that, doctor.
But what is your opinion?
It's a little difficult to answer.
Well please try.
Then I must say that ..
Personally I'm opposed to it.
Under any circumstances?
Under any circumstances.
Walter, how can you possibly ..
The defendant will remain silent.
Dr Morrison, would you say that just
before the death of his wife ..
Judge Cooke was in a
normal state of mind?
Your Honor, this is apart from the
question of my guilt. My state of mind ..
For the last time I warn the defendant
to address the court through his counsel.
Proceed.
Dr Morrison, will you
please answer the question?
In my opinion Judge Cooke
was not in a normal state of mind.
On what do you base that opinion, Doctor?
I spoke to him on the same day that ..
On which his wife died.
He phoned me from Willow Beach.
To talk about Cathy, Mrs Cooke.
And what did he sound like on the phone?
He broke down.
He talked as though he were
emotionally unbalanced.
In my opinion, he was.
Then I have no further
questions, Your Honor.
Dr Morrison, what did he say that gave the
impression he was emotionally unbalanced?
He said that ..
He said that he was thinking
of doing away with himself.
And his wife.
Counsel, did I understand you to
contend there was no premeditation?
Yes, Your Honor.
Well, the witness's response
seems to indicate that there was.
No. No, Your Honor. That statement
doesn't indicate premeditation.
Judge Cooke could have said that only
if he were under severe mental stress.
He wasn't planning anything.
He was confused and beside himself.
It's this interpretation that I ask the
court to consider when passing sentence.
Either interpretation is possible.
You may continue.
I have no further questions, Your Honor.
David.
Does the Commonwealth
have any questions?
No questions.
If it please the court, may I ask
Dr Morrison one more question?
You may,
Dr Morrison.
Is it possible that Mrs Cooke might have
died before the accident occurred?
Surely counsel isn't suggesting
the witness give an opinion ..
About something he
couldn't possibly know?
I withdraw the question, Your Honor.
Doctor, is there any way of finding out ..
If Mrs Cooke died of her illness during
that ride, before the time of the crash?
Why, yes. An autopsy would
reveal the cause of death.
Then it will please the court, in view
of the seriousness of the charge.
And the type of punishment
which is possible.
I move that the court postpone
sentence on the defendant ..
Until such time as autopsy
can be performed.
Does the Commonwealth have any objection?
None, Your Honor.
It is so ordered.
This matter is continued for two days.
Until the 23rd June at
10 o'clock in the morning.
The court is adjourned,
You said you were opposed to
mercy-killing, Walter. Why? Why?
Because there are 10,000 laboratories at
work at this minute all over the world.
What is incurable today
is curable next Wednesday.
Six months from now ..
Six months, six years ..
Meanwhile, Cathy was in agony.
What would you have done?
I don't know, Calvin.
It doesn't matter. It's all over now.
There is no point in torturing yourself.
While we were driving through the rain.
I looked at Cathy.
She was asleep.
I said to myself, now she has no pain.
She's at peace, for the moment.
I knew then, I didn't want her
ever to have pain ever again.
I was sure it was the only thing to do.
And I was right, Walter.
I was right .. wasn't I?
Are you sure the Coroner
said he'd call you? Yes.
Sit down, boy.
You're wearing out the carpet.
I knew a man once who walked
himself right through the floor.
Disappeared for three weeks.
Oh come on darling. Stop worrying.
Why did he insist on staying in jail?
Why won't he let you change the plea?
To what?
Anything.
Not guilty by reason of insanity.
If he did that, darling.
Then, as a defendant, he'd be denying
his whole philosophy as a judge.
The Coroner ought to be finished by now.
Ridgeville 245.
I remember when I was
teaching Calvin in law school.
He was considered quite
a radical in those days.
Hello, this is Dave Douglas.
Judge Cooke's attorney. Have you ..?
Well, let me talk to Dr Boyd.
The assistant says Dr Boyd
isn't finished yet.
Hello, Dr Boyd?
Yes, I'm sorry to have
bothered you, but I ..
Yes, well .. please let me know
as soon as you've finished.
Only the first part of the
autopsy is completed.
What did they find?
Your mother didn't die as
a result of the illness.
Dr Boyd, did Mrs Cooke die
as a result of her illness?
No.
Did she die as a result of
the automobile accident?
No.
Then Dr Boyd, will you please
tell the court what she did die of.
We did the usual procedures and found that
death was due to an overdose of Demerine.
There will order in the court.
Dr Boyd, in your opinion ..
Was Mrs Cooke alive or dead
before the time of the accident?
According to our analysis, she was dead.
I have no further questions, Your Honor.
The Prosecution have any questions?
Well, I must admit to a certain
confusion at this point.
Does counsel mean to imply that his
client is not guilty of the charge?
Or that he is guilty of committing
the act by other means?
Your Honor, I will call two more witnesses
who will answer Mr Dayton's question.
And ultimately we may ask
leave to change the plea.
This is somewhat irregular, but the
court will permit the interrogation.
I call William Pearson to the stand.
Yep, I've seen this lady before.
Where?
She came into my store at Willow Beach.
And what did she do there?
She gave me a prescription to fill.
Of what?
Demerine. 20 tablets.
What are you trying to show, counsel?
That some time, during
her stay at Willow Beach.
Mrs Cooke discovered the
truth about her illness.
That's just a guess, counsel.
That much is.
But her finding the prescription
and getting it filled, is fact.
Which leads us where?
To my next witness.
I saw her put some pills
into a glass of water.
Did you see where she got them from?
Yes, sir. Her handbag.
Did you see the container?
It was a bottle.
I found it later when I was cleaning up.
It had "Demerine" written on it,
just like the drug-store man said.
That's all, Your Honor.
Has the Prosecution any questions?
None, Your Honor.
Witness may step down.
Your Honor, I move to change the
plea from "guilty" to "not-guilty"
And for a dismissal of the case.
The court will permit the plea
of guilty to be withdrawn.
However.
The defendant,
an honored member of society.
Has publicly confessed his intentions
to murder a fellow human being.
To commit what is commonly
called "mercy-killing".
What about these intentions?
I raise the question because
the defendant is a judge.
And as a judge he has an
influence on the community.
In this regard there is a danger ..
That others may follow his example.
And act to take a human
life for similar reasons.
To them I say, that while I pronounce
the defendant legally innocent.
I must, in all conscience,
pronounce him morally guilty.
The case is dismissed.
Your Honor.
Quiet in the court.
Quiet in the courtroom.
Quiet in the courtroom.
Your Honor.
Yes, Judge Cooke?
May it please the court to permit
me to make a statement?
Technically there is no case any
longer pending before this court.
However, I see no reason why
I shouldn't grant you your request.
Your Honor.
I am grateful for the court's
statement of its conscience.
Ever since the death of my wife.
I have been deeply troubled.
Not only because I lost
someone who was dear to me.
But because I couldn't
decide in my own mind ..
As to whether I had done the right thing.
Whether any man has the right to
take another's life for any reason.
In the last few minutes I find
that I did not take a life.
So I stand before this
court legally free.
Legally .. innocent.
Yet, Your Honor, you asked the question.
Am I not .. morally guilty?
Yes.
My intentions were to kill.
I stand morally convicted.
You might ask Your Honor ..
What I will do to expiate this guilt.
Must I never again sit in
judgement on other men?
Shall I give up my life's work?
My answer is "No", Your Honor.
And I will tell you why.
It was not so long ago that I sat
in this court, on that bench.
And refused to consider as relevant,
the intentions of another man.
Since that time, in this same court.
I have sat as a defendant.
In doing so.
I have learned that
intentions are important.
I have learned that a
man can be like myself ..
Legally innocent .. yet morally guilty.
And by the same token.
I now believe it possible for
a man to be legally guilty.
And morally innocent.
A man's heart must be considered.
I hope I will be permitted
to remain on the bench.
And if I am ..
Then henceforth, in this court.
A man shall be judged,
not alone by the law.
But by the heart, as well.