Perry Mason (1957) s01e02 Episode Script
The Case of the Sleepwalker's Niece
[SCREAMING.]
Uncle Pete, Uncle Pete.
- What happened? What's wrong? - He's going to kill me! - He's going to kill me.
- Oh, Doris, be quiet.
Uncle Pete, wake up.
Edna? You were walking in your sleep again, Uncle Pete.
No, no, he's faking.
He tried to kill me.
You can't fool me, not for a minute.
You won't be satisfied until I'm dead.
[DOORBELL RINGS.]
Well, aren't you, uh, going to invite me in? Thanks.
Nice.
It's been a long time, Doris.
That's not my fault, Mr.
Maddox.
You look lovelier than ever.
Thank you.
What's on your mind, Frank? Suppose I said that I just drove up here to, uh, talk about old times? You'd be lying.
I never could kid you, could I? So you can't understand why your husband's business partner would, uh, drive all the way to Santa Barbara just to see you? Especially since Peter's no longer my husband.
He is for the next 24 hours.
Cigarette? You're such a louse.
All right, Frank, what's this all about? You, uh, remember when Peter tried to kill you while he was sleepwalking? How could I forget? The next day you moved up here, filed for divorce.
Unless I've miscalculated somewhere, you get your final decree tomorrow.
Well? It might be smart not to go through with it.
Suppose I showed you how you could make a hundred thousand dollars by sitting tight.
Are you serious? You know me, Doris, I don't joke when it comes to money.
It's much too sacred.
Where do you come in? I'll get mine.
But the first 100,000 is yours.
Free and clear.
You always did know what appealed to me, Frank.
Uh-uh.
This time, it's strictly business.
Can you stay for dinner? I'd love to, darling, but I've got a 4:00 appointment with your husband back in L.
A.
Oh.
I, uh, do have time for a little drink, however.
London, Paris, Madrid.
Of course, we could go to New York on our honeymoon.
How does that strike you, Lucille? [LUCILLE LAUGHS.]
Even Burbank sounds just marvellous.
Don't let him off that easily, Lucille.
After making you wait 15 years, well, the least Uncle Pete can do is take you to Hawaii.
Pete, Frank Maddox is here.
About time.
- He was due at 4 p.
m.
- He brought someone with him.
- Who? - I don't know.
[DOOR OPENS.]
Hello, everybody.
Oh, this is my attorney, Ralph Duncan.
Miss Mays, Miss Hammar, seated on the floor.
- How do you do? - Hello.
And these are my two partners, Mr.
Phillip Kendall.
- How do you do? - And Mr.
Peter Cole.
Don't let the last names fool you, they're stepbrothers.
DUNCAN: This is a great pleasure, gentlemen.
Lucille, you look as radiant as ever.
If I weren't a confirmed bachelor, I'd, uh, steal you away from him.
You're a lucky man, Pete.
Frank, I don't wanna seem rude, but, uh, what do we need a lawyer for? MADDOX: I never do business without one.
Lucille, I wonder if I might impose on you.
Of course.
I'll see you later, dear.
Edna, wouldn't you like to keep her company? No, she wouldn't.
She's my secretary, and I prefer that she knows what happens here.
All right, Ralph, uh, why don't you take over? All right.
Gentlemen, and Miss Hammar, I'll come right to the point.
My client, Mr.
Maddox, wants to sell his interest in Cole Enterprises.
You want Phil and me to buy your share of the company? MADDOX: That's right.
- Why? The reasons are unimportant.
Let's just say that I want out.
All right.
We'll have the auditors figure out exactly what your share is.
DUNCAN: That won't be necessary, Mr.
Cole.
My client has already fixed the price on his stock.
It's $500,000.
What, are you serious? According to our figures, the whole company isn't worth much more.
Perhaps, but there are certain things that are not reflected in your figures.
As I understand it, Mr.
Cole, you are presently involved in litigation, a case which comes up for final settlement tomorrow in Santa Barbara.
My divorce? It seems that my client's interests are tied up with that litigation.
MADDOX: Let's just go with a package deal, uh, say, uh, no sale, no divorce.
Uh, you can't have one without the other.
What do you have to do with Doris? We're, uh, partners, as it were.
Believe me, I have her full support.
Then this is blackmail.
I wish you wouldn't put it like that, Pete.
Let's just say that I'm driving a hard bargain.
How dare you come here with a proposition like that.
You're not going to let them get away with it.
Please, Edna.
I think Pete and I can handle this.
[DOORBELL RINGS.]
- Hello, Margaret.
- Good afternoon, Mr.
Harris.
Hi.
How's my girl? Hey, what's the matter? Steve, if you were in trouble and needed a lawyer, who would you call? Well, I'm a poor boy, honey.
I mean if money were no object.
Well How long have you known Maddox? About four years.
Doris introduced us.
Can she really block the divorce, Mr.
Mason? Certainly can.
All she has to do is claim you defrauded her in the property statement at the time of the interlocutory.
- That's not true.
- When is your divorce final? - Tomorrow.
- Doesn't give us much time.
- Those your divorce papers? - And the company statements.
I want you to call Maddox.
Ask him and his attorney, uh-- - Ralph Duncan.
- Duncan.
--to meet with you and your stepbrother at your place, say between 8 and 9:00.
- Stall them till I get there.
COLE: How? Any way you can.
Dicker about the price.
Just-- Just stall him.
- Gertie.
- Yes, sir.
Tell Jackson to drop whatever he's doing and come right in here.
Well, we won't take up any more of your time.
He'll see you later.
EDNA: Goodbye.
- Goodbye.
COLE: Bye.
DELLA: Goodbye.
- Della? - I know.
A new file.
Cole v.
Cole.
What are you working on, Jackson? I'm going over the transcripts of the Canfield libel suit.
That can wait.
I'd like you to run up to Santa Barbara and find out the exact status of Doris Cole v.
Peter Cole, divorce case.
We're representing the husband.
Call me at the Cole ranch house as soon as you get something.
You'll find the number there.
- And, Jackson, we've gotta move fast.
JACKSON: Right.
Really, gentlemen, I don't see why we can't come to some equitable arrangement.
All in all, I think my client's price is most reasonable.
You may call a half a million dollars reasonable, I call it extortion.
Call it what you like, Mason.
It's not steep when you realise that Pete's getting something he's wanted for 15 years.
I'd say that Lucille was worth a million.
- I'll kill you, you - Easy, Mr.
Cole.
You don't want to upset yourself, Pete, it's bad for your nerves.
[PHONE RINGING.]
Well, this is getting us absolutely nowhere.
Oh.
Well, I'm sorry to disturb you.
There's a phone call for Mr.
Mason.
I'll plug it in, Steve.
- Come on, Ralph.
Let's go.
- No, wait.
This won't take long.
Thank you.
Hello? The interlocutory was entered exactly one year ago.
Final comes due tomorrow.
What would you like me to do? Well, that's, uh That's hard to say at the moment.
Well, would you want me to stay here so I can be in court in the morning? Sounds like a fine idea.
Yes, I'm glad you mentioned that.
Oh.
I'll need a petition for entry of final decree.
I'll see that you get it tonight.
Right.
Goodbye.
Sorry.
Now, where were we? Still nowhere.
This has been a complete waste of time.
Tempers are bound to get frayed in a situation like this, Maddox.
But that's no reason to give up.
Why don't we all get together tomorrow morning? So you can stall a little longer? Suppose you have your answer by 11:00? I'm afraid it will have to be a little earlier than that, Mr.
Mason.
I'm sure you are aware that court opens at 10 in Santa Barbara.
All right, you'll have your answer by 9.
You mean, we drive all the way home and back again? Well, perhaps you could spend the night here.
I'm sure Mr.
Cole could put you up.
Why not, Frank? If it's all right with Peter.
Why, of course it is.
Come along.
I'll take you to your rooms.
DUNCAN: Good night.
- Good night.
Did we have to go that far, Mason? Offering them my hospitality? Can you think of a better way to keep an eye on them? That was my man, Jackson, who just phoned.
He's in Santa Barbara.
So far, your wife has made no move to block the divorce.
- She'll never let it go through.
- No, but either party can apply for the final decree.
And Jackson will be in court first thing in the morning.
Now, once the judge has signed the decree, I want you and Lucille to get married immediately.
But they can't get married immediately.
There's a three-day wait.
Not in Nevada.
Oh.
Tomorrow morning, I want you and Miss May to fly to Las Vegas - and register at the Joshua Hotel.
- And the meeting with Maddox? I'll take care of that.
As your attorney, I can act for you.
And at the same time, Uncle Pete will be in Las Vegas getting married.
That's right.
And that should take care of Maddox.
- Hey, that's great, Mr.
Cole.
- Oh, it's wonderful, Uncle Pete.
Well, I'd better run.
I have to draw up a petition.
- Petition? - Yes, for the entry of final decree.
Which means, in effect, during the past year, your uncle and Doris have not lived together as husband and wife.
- I've gotta get it up to Jackson tonight.
- Mr.
Mason, could I take it up to him? Why, yes.
Do you know Doris? Well, we've met.
You know, this may work out very well.
I'm gonna send a private detective up to Santa Barbara tonight to keep tabs on her.
I'd like you to point her out for him.
Why can't Steve take care of the whole business? HARRIS: Yeah.
- Maybe you could.
- Do you know where she lives? - No.
It's, uh, 327 Ocean View.
All right.
Plant yourself outside the house.
Get the licence numbers of all visitors.
If she leaves the place, follow her.
- Right.
- I certainly appreciate this, Steve.
Oh, I'm glad I can help the bridegroom.
I'll call my secretary.
She'll have the petition drawn up as soon as we get back to the office.
You follow me in your car.
I'll walk out to the car with you.
I don't know, do you think we can hold them off another 12 hours? All I need is another eight.
Where are you going, dear? Steve promised to call when he got to Santa Barbara.
- I'll wait in the den.
- Why don't you take it right here? I might shock you.
Good night, Phil.
Thanks.
Oh.
Your, uh, Uncle Phillip was kind enough to let me use his bedroom.
That, uh, single bed in there is a little small for me, I, uh That is Phil's room, isn't it? Good night.
[PHONE RINGING.]
- Hello? WOMAN: I have a collect call from a Frank Maddox in Los Angeles.
Will you accept the charges? Yes, put him on.
WOMAN: Go ahead, sir.
MADDOX: Hello, Doris? You're not calling from the ranch, are you, Frank? No, of course not.
I ducked out.
I'm calling from a phone booth on the highway.
Not yet.
He called in his own attorney, Perry Mason.
He, uh, says we'll meet again tomorrow morning.
Why? It's a simple yes or no, isn't it? Either he comes through or I stop the divorce.
Relax, angel, nobody's pulling the wool over my eyes.
Duncan thinks it's best to, uh, play ball for a little while.
I'll let you know in plenty of time.
I'll call you at, uh, 9:30 in the morning.
- Either way? - Either way.
So wait for the call.
I, uh, wish I could deliver the message in person.
Good night, honey.
Well Good morning, Mr.
Mason.
What's Homicide doing here, lieutenant? Well, I can assure you it's not a social call.
And you? I have an appointment with a client.
- Could I ask who that might be? - Peter Cole.
Yes, I should have known.
Follow me.
This way.
[EDNA CRYING.]
MARGARET: Come, Miss Edna.
I don't have to tell you not to touch anything.
You don't have to tell me.
TRAGG: Go ahead.
Take a closer look.
- Phillip Kendall.
- Who did you expect? - I didn't expect to find a murder.
- Didn't you? The murder weapon, right through the bedclothes.
Now, let's have a real conference, shall we, counsellor? Now, look, officer, I'm an attorney.
Surely there can be no objection to Mr.
Maddox making a call from the outside.
- Now, there's a pay station-- - Nobody leaves this house.
You'll wait.
I told her I'd call her at 9:30.
It's a quarter to 10 already.
What are they doing in there? EDNA: It's part of a carving set.
It was kept on the sideboard in the dining room.
When was the last time you saw that carving set, Miss Hammar? I can't remember exactly.
- Can you remember approximately? - No.
Take it easy on her, Tragg.
She's had a bad shock.
- You representing her? - No, her uncle.
Peter Cole's my client.
Look, Mason, I'm doing you a favour letting you stay here.
You wanna take a walk? How long has Phillip Kendall had that room? It isn't actually Uncle Phil's room.
It's a guest room.
How come he slept there last night? He thought Mr.
Maddox would be more comfortable if they traded.
That little bit of hospitality cost him his life.
You're guessing.
Well, it's pretty obvious, Maddox was the intended victim.
Nobody knew that they'd switched rooms.
- Miss Hammar did.
She just said so.
- Yeah.
Did you tell Mr.
Cole about this exchange? No, he had already gone to bed.
The servants say he walks in his sleep.
Is that true? - Yes.
- They tell me that during one of these midnight excursions a year ago, he took a knife to Mrs.
Cole.
- He didn't touch her.
- That wasn't his fault.
Where's your Uncle Peter now? - I'm asking you, miss.
- I don't know.
What about that, Mason? He's away on a trip.
It has nothing to do with this.
- When did he leave? - I can't answer that.
When's he coming back? I can promise you he'll be available late tonight or tomorrow morning.
It won't sound very good in court, flight to escape prosecution.
Did I say anything about flight? No, no.
But then, uh, you're prejudiced.
You've got to defend him for murder.
- Hi, beautiful.
You busy? - Very.
Seeing how I was passing through your office anyway, I thought I'd drop that off.
It's your monthly statement from the Paul Drake Detective Agency.
I will never understand how you're able to consume so much food, particularly when you're on the expense account.
I'm a growing boy.
- How's the boss feel? - He's felt better.
- The Cole case? - Yup.
Well, maybe I can go cheer him up.
MASON: Come in.
Hi, Perry.
- Hello, Paul.
- How's it going? Well, nothing seems to be working right for me today.
Well, I think I got an angle on this Cole case for you.
MASON: Hmm? I've been checking on Frank Maddox.
Thank you.
Eight years ago, he was in a mess up in San Francisco.
It was an out-and-out swindle.
Jury gave him five to ten.
What did you find? Well, his lawyer found a loophole and he didn't serve a day.
And guess who that lawyer was? - Ralph Duncan? - Uh-huh.
Doesn't mean a thing.
Well, I tried.
You know, you could say that Cole didn't know what he was doing.
After all, if he was sleepwalking, he hardly did it - with malice aforethought.
- Right.
Of course, that running away isn't gonna help any.
He wasn't running away, he was acting under my orders.
Gonna be a little tough to sell a jury.
[DOOR OPENS.]
Jackson calling from Santa Barbara on line 2.
Any word from Las Vegas? I just talked to the hotel, Mr.
Cole hasn't arrived yet.
I can't understand it.
It's only an hour's flight.
- Yes, Jackson? - The decree is signed and entered.
Mr.
Cole's a free man.
That's a matter of opinion.
Phillip Kendall, Cole's stepbrother, was murdered last night.
The police are looking for Cole right now.
What? Well, something happened here last night that may have a bearing on this.
- Mr.
Harris is with me.
- Put him on.
Just a second.
Mr.
Mason? MASON: Hello, Steve.
Is, uh, something wrong? Well, we'll talk about it later.
Did anything unusual happen while you were watching Doris Cole's house? I don't know if this means anything, but, uh, she had a phone call around 3:00 in the morning.
She talked to a party named Duncan.
Duncan? Are you sure? That's what I heard her call him.
Save it.
And hold on.
Paul, I want you to check on a long-distance call made to Doris Cole by Mr.
Ralph Duncan at around 3 this morning.
Three? Well, that's the time Phillip Kendall was murdered.
- I'll get right on it.
- Hello, Steve? Yes, sir? I want you and Jackson to get back here as quick as possible.
Well, right.
We'll leave right now.
Bye.
And then I heard Doris' phone ring.
I was surprised because it was so late.
I was sure she was asleep.
- Were you sure of the time, Steve? - Absolutely.
I'd been watching her house since midnight, and the call came in a couple of minutes after 3.
[MASON SIGHS.]
You said you wrote that conversation down.
I hope I can still read it.
It was awfully dark.
Let's hear it.
Well, she said, "Hello.
Yes, this is Doris Cole.
Who? Mr.
Duncan? Oh, yes, Frank's attorney.
Why are you calling at this time of night? I thought that was all arranged.
I'm supposed to wait for Frank's call tomorrow.
Yes.
Goodbye.
" You think it means anything? No.
Paul, did you get anything on that call yet? No, not yet.
But I got a man working on it.
- These things take time, you know.
- Time is the one thing we haven't got.
What the devil could have happened to Cole? Well, he could have taken a later plane.
I hope so.
Can you arrange to have someone meet him at the Las Vegas airport? Sure.
Have him held there until I arrive.
He'll be with a woman.
Her name is Lucille Mays.
Okay, Perry.
Della, will you call the airport for me? Charter a plane, will you? Right.
You think Cole will tell you the truth if you find him? Have you ever asked a sleepwalker to tell you the truth? That's all I know, Mr.
Cole.
You're supposed to wait here for Mr.
Mason.
I don't understand.
Mason said he'd call me at the hotel.
I'm sorry, Mr.
Cole.
I wish I knew the answer.
Well, maybe it's just some technicality, Peter.
You know, some papers you have to sign before we can get married, or something like that.
Look, why don't I go on to the hotel and wait for you there? And I'll take the bags.
- Now, don't worry.
- All right, dear.
Hello, Cole.
You're a hard man to keep up with.
Anything wrong? - What time did you get here? - About, uh, 40 minutes ago.
I expected you to be here at 9:00 this morning.
Well, Lucille wanted to do a little shopping, so we took a later-- What's wrong, Mason? Did Doris block the divorce? No, you're in the clear there.
Sit down.
When was the last time you saw Phillip? - My stepbrother? Last night.
Why? - He's dead.
Murdered.
The police think you did it.
He was killed while he slept, a carving knife.
They found the knife under your pillow.
Under my pillow? Did you know that Phillip didn't sleep in his own room last night? No.
The district attorney will probably claim that you killed him thinking he was Maddox.
I'm going to ask you a question.
The answer you give me may be the most important answer of your life.
Did you kill Phillip? I honestly don't know.
That's the terrible, frightening part.
All my life, whenever I've been nervous and upset, I've walked in my sleep.
When you wake, do you have any recollection of what has happened? - No.
- Mr.
Mason, the police are here.
Will you see that Lucille gets back to Los Angeles? Yes, I will.
Well, I should have known you'd be here.
- You Peter Cole? - Yes.
You're under arrest, suspicion of homicide.
TRAGG: Just keeping it legal.
My badge doesn't work in this state.
- Go through the motions by all means.
- Oh, by all means.
I think you're going to find there's a very delicate point in this case.
I take it you mean the sleepwalking.
Well, I've got a little tip for you.
Ten minutes after you left Mr.
Cole's house this morning, our friend Maddox had something to say.
- Really? - He's ready to swear that last night he saw your client walk across the patio toward Phillip Kendall's room and he was wide awake.
Take care of yourself.
Well I thought you'd be gone.
Did you really? Oh, not really.
[MASON SIGHS.]
How was the trip to Las Vegas? Rough, any way you look at it.
Mm.
Boy, that feels good.
Did Paul get a line on that long-distance call from Duncan to Doris Cole? DELLA: Mm-mm.
Did hear from the little lady herself though.
- Doris? - Mm-hm.
She's in town.
Wants to talk to you.
I told her I didn't think you'd be back until after 10.
Where's she staying? Farnsworth Hotel.
Can't it wait till tomorrow? You need some sleep.
Mr.
Cole won't get much sleep tonight.
See you in the morning.
DORIS: What you don't seem to realise, Mr.
Mason, is that I've suffered a great deal on account of this divorce.
Thank you.
I still love Peter, you know.
Suppose I have the divorce set aside? You can't.
It's too late for that.
Then maybe I could be helpful in other ways.
Maybe you could.
How well do you know Frank Maddox? I've seen him a couple of times.
After all, he and Peter were partners.
And what about his attorney, Ralph Duncan? - Uh-uh.
- Did Duncan ever call you? Whatever gave you that idea? Mm, just a hunch.
Obviously I was wrong.
You're not leaving, are you? Any reason I shouldn't? I think so.
The district attorney wants to put me on the witness stand at Peter's trial.
- Really? - He wants me to testify that Peter tried to kill me with a knife.
Well, that's a matter of record.
Besides, I don't think it's relevant to this case.
Not relevant? Why, all I have to do is Well, take my word for it, Mr.
Mason.
It won't help Peter if I get on the stand.
Mrs.
Cole, I hope you do.
All I want with you is 15 minutes in open court.
I think when I bring up that telephone call you received at approximately 3:00 this morning, the call from Ralph Duncan, it might prove rather embarrassing.
Who gave you the right to tap my phone? Apparently, my information was accurate.
We'll see what the district attorney has to say.
I know that wiretapping is a criminal offence.
And so is perjury.
Now, do you still deny there was no more than a casual acquaintance with Frank Maddox? Or that you were conspiring with him and his attorney to ruin your husband? How high will Peter go for a settlement? I'll get you $25,000.
- Fifty.
- Twenty-five.
Take it or leave it.
- I'll take it.
- All right.
Now, what about that phone call? The one from Maddox or the one from Duncan? There were two? Yes, Maddox called first.
It was about 11:00.
- And then Duncan called you at 3? - Yes.
- Are you sure about the time? - Aren't you? After all, you had someone listen.
I just wanted my information confirmed.
What did you and Duncan talk about? Oh, nothing much.
I told him I was waiting to hear from Maddox again.
And did you? Yes.
The next morning.
He said to sit tight.
That Peter was in trouble, and all we'd have to do was wait.
For Peter to be convicted of murder? And with your help, of course.
Now do you have everything you want? Why, yes.
And so do you.
I'd hate to tell you what I think of you, Mr.
Mason.
But if ever I'm in trouble, you're going to be my lawyer.
Good night.
Yeah? Ooh, well, well.
It's good to see you, Mr.
Harris.
I'm glad you could make it.
Here, make yourself comfortable.
If you don't mind, I'll stand.
Well, you make it sound like the Spanish Inquisition.
Heh-heh.
Come on, go on, here.
Sit down, sit down.
- And, uh, have a cigarette.
- No, thanks.
Oh, well.
Oh, say, how do you feel about the Lucco-Brennan fight? You think, uh, Brennan will take him? How did you know I was a fight fan? Oh, you'd be surprised what we know.
You're engaged to Peter Cole's niece.
Well, that's no secret.
You're, uh, real fond of that girl, aren't you? I ask because she's gonna need help.
What are you talking about? Her fingerprints were found on the murder weapon.
Are you kidding? That doesn't mean a thing and you know it.
She could've handled that knife days before.
Oh, sure, sure.
But suppose I told you that someone saw her taking the knife out of the sideboard at 11:30 on the night that Phillip Kendall was murdered? - Well, that's a lie and I can prove it.
- Yeah? I went to Santa Barbara that night, the knife was gone before I left.
Oh.
- Uh, what time was that? - Around 10.
Well, uh, then you left - before Peter Cole went to bed.
- What's that got to do--? Well, if the knife was gone before Mr.
Cole went to bed, wouldn't that indicate that the murder was premeditated? Obviously, he wasn't walking in his sleep.
You're putting words in my mouth.
I never said that.
Is that all, lieutenant? Yes, yes, that's all, Mr.
Harris.
And, uh, thank you for dropping by.
You've been a great help.
Get me Mr.
Burger.
--to prove, ladies and gentlemen of the jury, that on the morning of the 14th, the defendant entered Phillip Kendall's bedroom and stabbed him to death in the mistaken impression that he was killing Frank B.
Maddox.
We will show that bad blood existed between Maddox and the defendant, and that this murder was not only deliberate but premeditated.
Well, it was like this: I'm a light sleeper anyway.
When I heard the noise on the patio, naturally, I went to the window to take a look.
And what, if anything, did you see? I saw Peter Cole walking across the patio towards Phillip's room.
He had a knife in his hand.
[MURMURING.]
Mr.
Maddox, in your opinion, was Mr.
Cole walking in his sleep or was he awake? - He was awake.
MASON: Objection.
The witness is not qualified to answer that question.
Sustained.
Do you know what time it was when this occurred? Yes, I made a point of looking at my watch.
- It was exactly five after 3.
- Thank you.
Your witness, Mr.
Mason.
Mr.
Maddox, you look like a man who could give a pretty good account of himself physically.
Thank you.
Would you say that you had the normal amount of courage? As much as the next man.
Yet when you saw this figure with the knife, what did you do? - What did I do? - That was my question.
- I did nothing.
- You just went back to bed? Yes.
Are we to understand that sleepwalkers with knives are an everyday occurrence to you? I didn't think he was sleepwalking.
Then we're to assume that murderers - are nothing unusual in your life.
- You're distorting what I said.
No, I'm merely repeating that on the night in question you saw Peter Cole walking across the patio with a knife in his hand, and you did nothing about it.
You just went back to bed.
Did you do one thing, Mr.
Maddox? One thing at all to alarm the household? - No.
- You simply stayed in your room.
Yes.
- You did not leave that room all night? - No.
Yes, I, uh I went for a little walk.
What time was this? Around 11:00.
Approximately four hours before you saw the figure on the patio.
Yes.
During this walk, did you also make a phone call? Yes.
With no less than three telephones in Mr.
Cole's house, you had to leave to make a phone call? - Yes.
- Whom did you call? Mrs.
Cole.
MASON: The divorced wife of the man whose guest you were? MADDOX: Yes.
No further questions.
And where was your room in relation to the others, Mr.
Duncan? Next to the other guest room, just across the hall from Mr.
Kendall's and Miss Hammar's.
Thank you.
Cross-examine.
Mr.
Duncan, you are a member of the bar, is that correct? I am.
You are familiar with the Canons of Ethics of the Bar Association? - Certainly.
- You know the purpose of the code.
As attorneys, we are deservedly jealous of our reputations.
We feel we serve the cause of justice.
Do you agree that any attorney who subverts the law for his own financial gain should be disbarred? Of course.
Would you say that a lawyer who connived to blackmail an innocent third party was ethical? [CROWD MURMURING.]
Apparently, the witness expects me to interpose an objection.
If it please the court, the state does not object to Mr.
Duncan's answering this question or any like it, bearing on the conduct of attorneys.
The witness will answer the question.
I believe you asked if I thought a lawyer who connived at blackmail was ethical? The answer is, of course not.
Yet didn't you and Mr.
Maddox attempt to blackmail Mr.
Cole? That's ridiculous.
You advised Maddox to ask Cole for half a million dollars, otherwise Mr.
Cole could not get his divorce.
I did nothing of the kind.
Mr.
Maddox asked a half million dollars for his interest in Cole Enterprises.
When his share wasn't worth 200,000.
That's your opinion, I'm entitled to mine.
I felt it was worth much more.
Because you tied it up with Mr.
Cole's divorce.
If Mrs.
Cole tried to block the divorce, that was her own affair.
Do you seriously maintain there was no connection between the two? Do you have any evidence to prove there was? I had absolutely no personal contact with Mrs.
Cole.
- You never spoke with Mrs.
Cole? - Never.
[INAUDIBLE DIALOGUE.]
Mr.
Duncan, in direct examination, you testified you spent the evening of the 13th and the morning of the 14th at Peter Cole's home.
- I did.
- You were there continuously? Yes.
You did not go to the Western Bus Depot at approximately 3:00 on the morning of the 14th and place a long-distance call to Mrs.
Doris Cole in Santa Barbara? I most certainly did not.
I was asleep at the time.
You are aware of the penalty for perjury.
Of course.
Your Honour, please, I'd like to reserve the right to recall this witness for further cross-examinations.
Any objections, Mr.
Burger? BURGER: None, Your Honour.
- That's all.
The witness may step down.
He's lying, Mason.
You're not gonna let him get away with that.
I call Steven Harris to the stand, please.
I think Mr.
Burger will open the door for us.
CLERK: Raise your right hand.
- How? CLERK: You solemnly swear the testimony Through Steve.
CLERK: --and nothing but the truth? HARRIS: I do.
- State your name.
- Steven Harris.
- Be seated, please.
If it please the court, this is an adverse witness, but he has certain information which is necessary to the state's case.
Proceed, Mr.
Burger.
Mr.
Harris, do you know that the law gives me certain privileges - with an adverse witness? - No, sir.
BURGER: Under the law, I'm entitled to ask you leading questions because you would rather not testify for the state.
You would rather not testify, is that true? - Well, I suppose so.
- Do you mind my asking why? Is it because you're friendly with Edna Hammar, the niece of the defendant? HARRIS: Yes.
BURGER: You're more than friendly, you're engaged to be married? HARRIS: Yes, sir.
Now, Mr.
Harris, on the evening of the 13th, you were in the home of the defendant, Peter Cole, is that true? Yes.
During the evening, did you happen to pass a sideboard - in the dining room of that home? - Yes.
And did you see a carving set on that sideboard? - Yes.
- Only the knife from that carving set was missing at the time.
I don't remember.
You remembered in Lieutenant Tragg's office.
Was that knife there? No.
You realise the importance of that question, don't you, Mr.
Harris? If the defendant took the knife before he went to sleep, obviously the claim that he was sleepwalking is sheer nonsense.
I object, Your Honour.
The question is argumentative and assuming a fact not in evidence.
Sustained.
The jury will ignore the district attorney's last remark.
BURGER: I'm sorry, Your Honour.
Now, Mr.
Harris, at what time did you first notice that the knife was missing? I don't know exactly.
Let's see if we can help you fix the time.
Did you sleep at the Cole home that evening? - No.
- When did you leave for your home? I didn't go directly to my own home.
Where did you go, Mr.
Harris? Up to Santa Barbara where Mrs.
Cole lives.
And at what time did you arrive at her place? I asked you a question, Mr.
Harris, what time did you get there? About 12:00.
So you obviously must have left the Cole ranch at Los Angeles considerably before 12.
- Say about 10.
- Yes.
And was Mr.
Cole in bed at that time? - No, he was still up.
- Thank you.
Your witness, Mr.
Mason.
Now, Mr.
Harris, since the prosecution is asking for your conclusion, and since it has made a great deal out of finding the murder weapon under Mr.
Cole's pillow, is it possible that someone else could have put it there after Mr.
Cole left his room the following morning? Why, sure.
Sure, anyone could.
Now, you have testified that you went up to Mrs.
Cole's home in Santa Barbara.
What were you doing there? I object to that, Your Honour.
That question is entirely immaterial.
If Your Honour please, Mr.
Burger elicited this information on direct examination.
He opened the door when he questioned the witness about going to Mrs.
Cole's home in Santa Barbara.
I have every right to know what Mr.
Harris was doing there.
Objection overruled.
- You may continue, Mr.
Mason.
- Thank you, Your Honour.
Now, Mr.
Harris, what were you doing at Mrs.
Cole's home? I was watching her.
You were acting under my instructions? - Yes, sir.
- And while you were there, did you overhear a telephone conversation? - I did.
- Who was the conversation between? Mrs.
Cole and a man named Duncan.
[CROWD MURMURING.]
You mean, the gentleman who just testified? BURGER: I object, Your Honour.
That calls for the rankest form of hearsay.
He can testify that Mrs.
Cole was on the telephone, but there's no possible way he could know as a fact who she was talking to.
Your objection's properly taken, Mr.
Burger.
- Sustained.
- Thank you, sir.
MASON: Then let me put it this way, Mr.
Harris.
You did overhear a telephone conversation? - I did.
- Thank you.
Now, where were you standing when that telephone conversation took place? Uh, outside the house, right beneath Mrs.
Cole's bedroom.
Your Honour, I should like to have this photograph marked for identification.
MASON: Thank you.
Mr.
Harris, will you examine this photograph, please? Will you show me just where you were standing when you overheard that conversation? Near the shrubbery, right beneath Mrs.
Cole's bedroom.
Are you sure? Is it possible you were standing on the other side of the house? - Well-- - Now, this is an important point, as you may understand.
Your Honour, Mr.
Mason is coaching the witness.
No, I-- I got a little mixed-up.
Mrs.
Cole's bedroom is on the other side of the house.
It's simply that you weren't oriented properly, but now you do recognise the house? Oh, sure.
And that is where you overheard the telephone conversation? Yes, sir.
I even wrote it down.
- Word for word? - Yes, sir.
Of course, there is one other way that you could have recorded that conversation.
I mean, if you had made the telephone call yourself.
Well, sure, but, huh, what would be the point? Well, that would have given you an alibi for the time of the murder.
That way, you could pretend to be in Santa Barbara overhearing the conversation when actually, you'd be in Los Angeles telephoning.
Isn't that right, Mr.
Harris? Well, I suppose so, but I was in Santa Barbara.
Just long enough to meet my associate, Mr.
Jackson.
After you killed Phillip Kendall, you then raced back to Santa Barbara to meet Jackson the following morning.
Why, you're crazy.
I liked Phil.
Why would I kill him? Because with Kendall dead, and my client going to the gas chamber for his murder, your fiancée, Miss Hammar, would inherit all of the Cole Enterprises.
HARRIS: Well, she would've anyway.
MASON: But you couldn't wait.
You were tired of being poor.
You were tired of playing the nice, clean-cut boy.
And once you and Edna were married, you'd wind up with the money in your hands.
I tell you, you're wrong.
How would I know that Maddox and Kendall had changed rooms? I left the house long before they went to bed.
But you subsequently called Miss Hammar from Santa Barbara.
Didn't she tell you? She never realised what you had in mind.
Mr.
Mason, I tell you I was in Santa Barbara.
I was standing there when I heard that phone conversation.
How is that possible, Steve? When that isn't a photograph of Mrs.
Cole's home at all? [CROWD MURMURING.]
WOMAN [OVER PA.]
: Flight 211, the Islander, for Honolulu, departing from the west concourse, Gate 266.
- I can't thank you enough, Mason.
- Just have a wonderful time.
LUCILLE: Ooh.
- You two deserve it.
I wish we could've talked Edna into making the trip with us.
It's better this way, Lucille.
She needs to be alone a while.
- She's had quite a shock, you know? - We'll keep an eye on her.
There, isn't she lovely? - Lovely.
- Thank you.
One more question, Mason.
What made you decide Steve was the murderer? - Duncan was the key.
- That thief.
But you can't deny Duncan's smart.
Almost everything I cross-examined him on, he was able to answer as a matter of opinion.
But when I asked him if he'd called Doris that night, he couldn't work around that.
He had to give a "yes" or "no" answer.
Once he stated under oath that he had not phoned Doris, then I had to consider that Steve was the liar.
That photograph clinched it.
COLE: So when Steve said the knife was out of the sideboard - when he went to Santa Barbara - He told the truth.
He just moved it there because it was easier to get at at 3:00 in the morning.
WOMAN [OVER PA.]
: Final call.
Flight 211 MASON: That's you.
COLE: We'd better be going.
DELLA: Good luck to both of you.
- Oh, thank you.
- Thanks, bye-bye.
COLE: Bye.
DELLA: Bye.
WOMAN [OVER PA.]
: All aboard.
- Nice people.
- Uh-huh.
They deserve a wonderful honeymoon.
I hope he doesn't walk in his sleep.
After waiting 15 years?
Uncle Pete, Uncle Pete.
- What happened? What's wrong? - He's going to kill me! - He's going to kill me.
- Oh, Doris, be quiet.
Uncle Pete, wake up.
Edna? You were walking in your sleep again, Uncle Pete.
No, no, he's faking.
He tried to kill me.
You can't fool me, not for a minute.
You won't be satisfied until I'm dead.
[DOORBELL RINGS.]
Well, aren't you, uh, going to invite me in? Thanks.
Nice.
It's been a long time, Doris.
That's not my fault, Mr.
Maddox.
You look lovelier than ever.
Thank you.
What's on your mind, Frank? Suppose I said that I just drove up here to, uh, talk about old times? You'd be lying.
I never could kid you, could I? So you can't understand why your husband's business partner would, uh, drive all the way to Santa Barbara just to see you? Especially since Peter's no longer my husband.
He is for the next 24 hours.
Cigarette? You're such a louse.
All right, Frank, what's this all about? You, uh, remember when Peter tried to kill you while he was sleepwalking? How could I forget? The next day you moved up here, filed for divorce.
Unless I've miscalculated somewhere, you get your final decree tomorrow.
Well? It might be smart not to go through with it.
Suppose I showed you how you could make a hundred thousand dollars by sitting tight.
Are you serious? You know me, Doris, I don't joke when it comes to money.
It's much too sacred.
Where do you come in? I'll get mine.
But the first 100,000 is yours.
Free and clear.
You always did know what appealed to me, Frank.
Uh-uh.
This time, it's strictly business.
Can you stay for dinner? I'd love to, darling, but I've got a 4:00 appointment with your husband back in L.
A.
Oh.
I, uh, do have time for a little drink, however.
London, Paris, Madrid.
Of course, we could go to New York on our honeymoon.
How does that strike you, Lucille? [LUCILLE LAUGHS.]
Even Burbank sounds just marvellous.
Don't let him off that easily, Lucille.
After making you wait 15 years, well, the least Uncle Pete can do is take you to Hawaii.
Pete, Frank Maddox is here.
About time.
- He was due at 4 p.
m.
- He brought someone with him.
- Who? - I don't know.
[DOOR OPENS.]
Hello, everybody.
Oh, this is my attorney, Ralph Duncan.
Miss Mays, Miss Hammar, seated on the floor.
- How do you do? - Hello.
And these are my two partners, Mr.
Phillip Kendall.
- How do you do? - And Mr.
Peter Cole.
Don't let the last names fool you, they're stepbrothers.
DUNCAN: This is a great pleasure, gentlemen.
Lucille, you look as radiant as ever.
If I weren't a confirmed bachelor, I'd, uh, steal you away from him.
You're a lucky man, Pete.
Frank, I don't wanna seem rude, but, uh, what do we need a lawyer for? MADDOX: I never do business without one.
Lucille, I wonder if I might impose on you.
Of course.
I'll see you later, dear.
Edna, wouldn't you like to keep her company? No, she wouldn't.
She's my secretary, and I prefer that she knows what happens here.
All right, Ralph, uh, why don't you take over? All right.
Gentlemen, and Miss Hammar, I'll come right to the point.
My client, Mr.
Maddox, wants to sell his interest in Cole Enterprises.
You want Phil and me to buy your share of the company? MADDOX: That's right.
- Why? The reasons are unimportant.
Let's just say that I want out.
All right.
We'll have the auditors figure out exactly what your share is.
DUNCAN: That won't be necessary, Mr.
Cole.
My client has already fixed the price on his stock.
It's $500,000.
What, are you serious? According to our figures, the whole company isn't worth much more.
Perhaps, but there are certain things that are not reflected in your figures.
As I understand it, Mr.
Cole, you are presently involved in litigation, a case which comes up for final settlement tomorrow in Santa Barbara.
My divorce? It seems that my client's interests are tied up with that litigation.
MADDOX: Let's just go with a package deal, uh, say, uh, no sale, no divorce.
Uh, you can't have one without the other.
What do you have to do with Doris? We're, uh, partners, as it were.
Believe me, I have her full support.
Then this is blackmail.
I wish you wouldn't put it like that, Pete.
Let's just say that I'm driving a hard bargain.
How dare you come here with a proposition like that.
You're not going to let them get away with it.
Please, Edna.
I think Pete and I can handle this.
[DOORBELL RINGS.]
- Hello, Margaret.
- Good afternoon, Mr.
Harris.
Hi.
How's my girl? Hey, what's the matter? Steve, if you were in trouble and needed a lawyer, who would you call? Well, I'm a poor boy, honey.
I mean if money were no object.
Well How long have you known Maddox? About four years.
Doris introduced us.
Can she really block the divorce, Mr.
Mason? Certainly can.
All she has to do is claim you defrauded her in the property statement at the time of the interlocutory.
- That's not true.
- When is your divorce final? - Tomorrow.
- Doesn't give us much time.
- Those your divorce papers? - And the company statements.
I want you to call Maddox.
Ask him and his attorney, uh-- - Ralph Duncan.
- Duncan.
--to meet with you and your stepbrother at your place, say between 8 and 9:00.
- Stall them till I get there.
COLE: How? Any way you can.
Dicker about the price.
Just-- Just stall him.
- Gertie.
- Yes, sir.
Tell Jackson to drop whatever he's doing and come right in here.
Well, we won't take up any more of your time.
He'll see you later.
EDNA: Goodbye.
- Goodbye.
COLE: Bye.
DELLA: Goodbye.
- Della? - I know.
A new file.
Cole v.
Cole.
What are you working on, Jackson? I'm going over the transcripts of the Canfield libel suit.
That can wait.
I'd like you to run up to Santa Barbara and find out the exact status of Doris Cole v.
Peter Cole, divorce case.
We're representing the husband.
Call me at the Cole ranch house as soon as you get something.
You'll find the number there.
- And, Jackson, we've gotta move fast.
JACKSON: Right.
Really, gentlemen, I don't see why we can't come to some equitable arrangement.
All in all, I think my client's price is most reasonable.
You may call a half a million dollars reasonable, I call it extortion.
Call it what you like, Mason.
It's not steep when you realise that Pete's getting something he's wanted for 15 years.
I'd say that Lucille was worth a million.
- I'll kill you, you - Easy, Mr.
Cole.
You don't want to upset yourself, Pete, it's bad for your nerves.
[PHONE RINGING.]
Well, this is getting us absolutely nowhere.
Oh.
Well, I'm sorry to disturb you.
There's a phone call for Mr.
Mason.
I'll plug it in, Steve.
- Come on, Ralph.
Let's go.
- No, wait.
This won't take long.
Thank you.
Hello? The interlocutory was entered exactly one year ago.
Final comes due tomorrow.
What would you like me to do? Well, that's, uh That's hard to say at the moment.
Well, would you want me to stay here so I can be in court in the morning? Sounds like a fine idea.
Yes, I'm glad you mentioned that.
Oh.
I'll need a petition for entry of final decree.
I'll see that you get it tonight.
Right.
Goodbye.
Sorry.
Now, where were we? Still nowhere.
This has been a complete waste of time.
Tempers are bound to get frayed in a situation like this, Maddox.
But that's no reason to give up.
Why don't we all get together tomorrow morning? So you can stall a little longer? Suppose you have your answer by 11:00? I'm afraid it will have to be a little earlier than that, Mr.
Mason.
I'm sure you are aware that court opens at 10 in Santa Barbara.
All right, you'll have your answer by 9.
You mean, we drive all the way home and back again? Well, perhaps you could spend the night here.
I'm sure Mr.
Cole could put you up.
Why not, Frank? If it's all right with Peter.
Why, of course it is.
Come along.
I'll take you to your rooms.
DUNCAN: Good night.
- Good night.
Did we have to go that far, Mason? Offering them my hospitality? Can you think of a better way to keep an eye on them? That was my man, Jackson, who just phoned.
He's in Santa Barbara.
So far, your wife has made no move to block the divorce.
- She'll never let it go through.
- No, but either party can apply for the final decree.
And Jackson will be in court first thing in the morning.
Now, once the judge has signed the decree, I want you and Lucille to get married immediately.
But they can't get married immediately.
There's a three-day wait.
Not in Nevada.
Oh.
Tomorrow morning, I want you and Miss May to fly to Las Vegas - and register at the Joshua Hotel.
- And the meeting with Maddox? I'll take care of that.
As your attorney, I can act for you.
And at the same time, Uncle Pete will be in Las Vegas getting married.
That's right.
And that should take care of Maddox.
- Hey, that's great, Mr.
Cole.
- Oh, it's wonderful, Uncle Pete.
Well, I'd better run.
I have to draw up a petition.
- Petition? - Yes, for the entry of final decree.
Which means, in effect, during the past year, your uncle and Doris have not lived together as husband and wife.
- I've gotta get it up to Jackson tonight.
- Mr.
Mason, could I take it up to him? Why, yes.
Do you know Doris? Well, we've met.
You know, this may work out very well.
I'm gonna send a private detective up to Santa Barbara tonight to keep tabs on her.
I'd like you to point her out for him.
Why can't Steve take care of the whole business? HARRIS: Yeah.
- Maybe you could.
- Do you know where she lives? - No.
It's, uh, 327 Ocean View.
All right.
Plant yourself outside the house.
Get the licence numbers of all visitors.
If she leaves the place, follow her.
- Right.
- I certainly appreciate this, Steve.
Oh, I'm glad I can help the bridegroom.
I'll call my secretary.
She'll have the petition drawn up as soon as we get back to the office.
You follow me in your car.
I'll walk out to the car with you.
I don't know, do you think we can hold them off another 12 hours? All I need is another eight.
Where are you going, dear? Steve promised to call when he got to Santa Barbara.
- I'll wait in the den.
- Why don't you take it right here? I might shock you.
Good night, Phil.
Thanks.
Oh.
Your, uh, Uncle Phillip was kind enough to let me use his bedroom.
That, uh, single bed in there is a little small for me, I, uh That is Phil's room, isn't it? Good night.
[PHONE RINGING.]
- Hello? WOMAN: I have a collect call from a Frank Maddox in Los Angeles.
Will you accept the charges? Yes, put him on.
WOMAN: Go ahead, sir.
MADDOX: Hello, Doris? You're not calling from the ranch, are you, Frank? No, of course not.
I ducked out.
I'm calling from a phone booth on the highway.
Not yet.
He called in his own attorney, Perry Mason.
He, uh, says we'll meet again tomorrow morning.
Why? It's a simple yes or no, isn't it? Either he comes through or I stop the divorce.
Relax, angel, nobody's pulling the wool over my eyes.
Duncan thinks it's best to, uh, play ball for a little while.
I'll let you know in plenty of time.
I'll call you at, uh, 9:30 in the morning.
- Either way? - Either way.
So wait for the call.
I, uh, wish I could deliver the message in person.
Good night, honey.
Well Good morning, Mr.
Mason.
What's Homicide doing here, lieutenant? Well, I can assure you it's not a social call.
And you? I have an appointment with a client.
- Could I ask who that might be? - Peter Cole.
Yes, I should have known.
Follow me.
This way.
[EDNA CRYING.]
MARGARET: Come, Miss Edna.
I don't have to tell you not to touch anything.
You don't have to tell me.
TRAGG: Go ahead.
Take a closer look.
- Phillip Kendall.
- Who did you expect? - I didn't expect to find a murder.
- Didn't you? The murder weapon, right through the bedclothes.
Now, let's have a real conference, shall we, counsellor? Now, look, officer, I'm an attorney.
Surely there can be no objection to Mr.
Maddox making a call from the outside.
- Now, there's a pay station-- - Nobody leaves this house.
You'll wait.
I told her I'd call her at 9:30.
It's a quarter to 10 already.
What are they doing in there? EDNA: It's part of a carving set.
It was kept on the sideboard in the dining room.
When was the last time you saw that carving set, Miss Hammar? I can't remember exactly.
- Can you remember approximately? - No.
Take it easy on her, Tragg.
She's had a bad shock.
- You representing her? - No, her uncle.
Peter Cole's my client.
Look, Mason, I'm doing you a favour letting you stay here.
You wanna take a walk? How long has Phillip Kendall had that room? It isn't actually Uncle Phil's room.
It's a guest room.
How come he slept there last night? He thought Mr.
Maddox would be more comfortable if they traded.
That little bit of hospitality cost him his life.
You're guessing.
Well, it's pretty obvious, Maddox was the intended victim.
Nobody knew that they'd switched rooms.
- Miss Hammar did.
She just said so.
- Yeah.
Did you tell Mr.
Cole about this exchange? No, he had already gone to bed.
The servants say he walks in his sleep.
Is that true? - Yes.
- They tell me that during one of these midnight excursions a year ago, he took a knife to Mrs.
Cole.
- He didn't touch her.
- That wasn't his fault.
Where's your Uncle Peter now? - I'm asking you, miss.
- I don't know.
What about that, Mason? He's away on a trip.
It has nothing to do with this.
- When did he leave? - I can't answer that.
When's he coming back? I can promise you he'll be available late tonight or tomorrow morning.
It won't sound very good in court, flight to escape prosecution.
Did I say anything about flight? No, no.
But then, uh, you're prejudiced.
You've got to defend him for murder.
- Hi, beautiful.
You busy? - Very.
Seeing how I was passing through your office anyway, I thought I'd drop that off.
It's your monthly statement from the Paul Drake Detective Agency.
I will never understand how you're able to consume so much food, particularly when you're on the expense account.
I'm a growing boy.
- How's the boss feel? - He's felt better.
- The Cole case? - Yup.
Well, maybe I can go cheer him up.
MASON: Come in.
Hi, Perry.
- Hello, Paul.
- How's it going? Well, nothing seems to be working right for me today.
Well, I think I got an angle on this Cole case for you.
MASON: Hmm? I've been checking on Frank Maddox.
Thank you.
Eight years ago, he was in a mess up in San Francisco.
It was an out-and-out swindle.
Jury gave him five to ten.
What did you find? Well, his lawyer found a loophole and he didn't serve a day.
And guess who that lawyer was? - Ralph Duncan? - Uh-huh.
Doesn't mean a thing.
Well, I tried.
You know, you could say that Cole didn't know what he was doing.
After all, if he was sleepwalking, he hardly did it - with malice aforethought.
- Right.
Of course, that running away isn't gonna help any.
He wasn't running away, he was acting under my orders.
Gonna be a little tough to sell a jury.
[DOOR OPENS.]
Jackson calling from Santa Barbara on line 2.
Any word from Las Vegas? I just talked to the hotel, Mr.
Cole hasn't arrived yet.
I can't understand it.
It's only an hour's flight.
- Yes, Jackson? - The decree is signed and entered.
Mr.
Cole's a free man.
That's a matter of opinion.
Phillip Kendall, Cole's stepbrother, was murdered last night.
The police are looking for Cole right now.
What? Well, something happened here last night that may have a bearing on this.
- Mr.
Harris is with me.
- Put him on.
Just a second.
Mr.
Mason? MASON: Hello, Steve.
Is, uh, something wrong? Well, we'll talk about it later.
Did anything unusual happen while you were watching Doris Cole's house? I don't know if this means anything, but, uh, she had a phone call around 3:00 in the morning.
She talked to a party named Duncan.
Duncan? Are you sure? That's what I heard her call him.
Save it.
And hold on.
Paul, I want you to check on a long-distance call made to Doris Cole by Mr.
Ralph Duncan at around 3 this morning.
Three? Well, that's the time Phillip Kendall was murdered.
- I'll get right on it.
- Hello, Steve? Yes, sir? I want you and Jackson to get back here as quick as possible.
Well, right.
We'll leave right now.
Bye.
And then I heard Doris' phone ring.
I was surprised because it was so late.
I was sure she was asleep.
- Were you sure of the time, Steve? - Absolutely.
I'd been watching her house since midnight, and the call came in a couple of minutes after 3.
[MASON SIGHS.]
You said you wrote that conversation down.
I hope I can still read it.
It was awfully dark.
Let's hear it.
Well, she said, "Hello.
Yes, this is Doris Cole.
Who? Mr.
Duncan? Oh, yes, Frank's attorney.
Why are you calling at this time of night? I thought that was all arranged.
I'm supposed to wait for Frank's call tomorrow.
Yes.
Goodbye.
" You think it means anything? No.
Paul, did you get anything on that call yet? No, not yet.
But I got a man working on it.
- These things take time, you know.
- Time is the one thing we haven't got.
What the devil could have happened to Cole? Well, he could have taken a later plane.
I hope so.
Can you arrange to have someone meet him at the Las Vegas airport? Sure.
Have him held there until I arrive.
He'll be with a woman.
Her name is Lucille Mays.
Okay, Perry.
Della, will you call the airport for me? Charter a plane, will you? Right.
You think Cole will tell you the truth if you find him? Have you ever asked a sleepwalker to tell you the truth? That's all I know, Mr.
Cole.
You're supposed to wait here for Mr.
Mason.
I don't understand.
Mason said he'd call me at the hotel.
I'm sorry, Mr.
Cole.
I wish I knew the answer.
Well, maybe it's just some technicality, Peter.
You know, some papers you have to sign before we can get married, or something like that.
Look, why don't I go on to the hotel and wait for you there? And I'll take the bags.
- Now, don't worry.
- All right, dear.
Hello, Cole.
You're a hard man to keep up with.
Anything wrong? - What time did you get here? - About, uh, 40 minutes ago.
I expected you to be here at 9:00 this morning.
Well, Lucille wanted to do a little shopping, so we took a later-- What's wrong, Mason? Did Doris block the divorce? No, you're in the clear there.
Sit down.
When was the last time you saw Phillip? - My stepbrother? Last night.
Why? - He's dead.
Murdered.
The police think you did it.
He was killed while he slept, a carving knife.
They found the knife under your pillow.
Under my pillow? Did you know that Phillip didn't sleep in his own room last night? No.
The district attorney will probably claim that you killed him thinking he was Maddox.
I'm going to ask you a question.
The answer you give me may be the most important answer of your life.
Did you kill Phillip? I honestly don't know.
That's the terrible, frightening part.
All my life, whenever I've been nervous and upset, I've walked in my sleep.
When you wake, do you have any recollection of what has happened? - No.
- Mr.
Mason, the police are here.
Will you see that Lucille gets back to Los Angeles? Yes, I will.
Well, I should have known you'd be here.
- You Peter Cole? - Yes.
You're under arrest, suspicion of homicide.
TRAGG: Just keeping it legal.
My badge doesn't work in this state.
- Go through the motions by all means.
- Oh, by all means.
I think you're going to find there's a very delicate point in this case.
I take it you mean the sleepwalking.
Well, I've got a little tip for you.
Ten minutes after you left Mr.
Cole's house this morning, our friend Maddox had something to say.
- Really? - He's ready to swear that last night he saw your client walk across the patio toward Phillip Kendall's room and he was wide awake.
Take care of yourself.
Well I thought you'd be gone.
Did you really? Oh, not really.
[MASON SIGHS.]
How was the trip to Las Vegas? Rough, any way you look at it.
Mm.
Boy, that feels good.
Did Paul get a line on that long-distance call from Duncan to Doris Cole? DELLA: Mm-mm.
Did hear from the little lady herself though.
- Doris? - Mm-hm.
She's in town.
Wants to talk to you.
I told her I didn't think you'd be back until after 10.
Where's she staying? Farnsworth Hotel.
Can't it wait till tomorrow? You need some sleep.
Mr.
Cole won't get much sleep tonight.
See you in the morning.
DORIS: What you don't seem to realise, Mr.
Mason, is that I've suffered a great deal on account of this divorce.
Thank you.
I still love Peter, you know.
Suppose I have the divorce set aside? You can't.
It's too late for that.
Then maybe I could be helpful in other ways.
Maybe you could.
How well do you know Frank Maddox? I've seen him a couple of times.
After all, he and Peter were partners.
And what about his attorney, Ralph Duncan? - Uh-uh.
- Did Duncan ever call you? Whatever gave you that idea? Mm, just a hunch.
Obviously I was wrong.
You're not leaving, are you? Any reason I shouldn't? I think so.
The district attorney wants to put me on the witness stand at Peter's trial.
- Really? - He wants me to testify that Peter tried to kill me with a knife.
Well, that's a matter of record.
Besides, I don't think it's relevant to this case.
Not relevant? Why, all I have to do is Well, take my word for it, Mr.
Mason.
It won't help Peter if I get on the stand.
Mrs.
Cole, I hope you do.
All I want with you is 15 minutes in open court.
I think when I bring up that telephone call you received at approximately 3:00 this morning, the call from Ralph Duncan, it might prove rather embarrassing.
Who gave you the right to tap my phone? Apparently, my information was accurate.
We'll see what the district attorney has to say.
I know that wiretapping is a criminal offence.
And so is perjury.
Now, do you still deny there was no more than a casual acquaintance with Frank Maddox? Or that you were conspiring with him and his attorney to ruin your husband? How high will Peter go for a settlement? I'll get you $25,000.
- Fifty.
- Twenty-five.
Take it or leave it.
- I'll take it.
- All right.
Now, what about that phone call? The one from Maddox or the one from Duncan? There were two? Yes, Maddox called first.
It was about 11:00.
- And then Duncan called you at 3? - Yes.
- Are you sure about the time? - Aren't you? After all, you had someone listen.
I just wanted my information confirmed.
What did you and Duncan talk about? Oh, nothing much.
I told him I was waiting to hear from Maddox again.
And did you? Yes.
The next morning.
He said to sit tight.
That Peter was in trouble, and all we'd have to do was wait.
For Peter to be convicted of murder? And with your help, of course.
Now do you have everything you want? Why, yes.
And so do you.
I'd hate to tell you what I think of you, Mr.
Mason.
But if ever I'm in trouble, you're going to be my lawyer.
Good night.
Yeah? Ooh, well, well.
It's good to see you, Mr.
Harris.
I'm glad you could make it.
Here, make yourself comfortable.
If you don't mind, I'll stand.
Well, you make it sound like the Spanish Inquisition.
Heh-heh.
Come on, go on, here.
Sit down, sit down.
- And, uh, have a cigarette.
- No, thanks.
Oh, well.
Oh, say, how do you feel about the Lucco-Brennan fight? You think, uh, Brennan will take him? How did you know I was a fight fan? Oh, you'd be surprised what we know.
You're engaged to Peter Cole's niece.
Well, that's no secret.
You're, uh, real fond of that girl, aren't you? I ask because she's gonna need help.
What are you talking about? Her fingerprints were found on the murder weapon.
Are you kidding? That doesn't mean a thing and you know it.
She could've handled that knife days before.
Oh, sure, sure.
But suppose I told you that someone saw her taking the knife out of the sideboard at 11:30 on the night that Phillip Kendall was murdered? - Well, that's a lie and I can prove it.
- Yeah? I went to Santa Barbara that night, the knife was gone before I left.
Oh.
- Uh, what time was that? - Around 10.
Well, uh, then you left - before Peter Cole went to bed.
- What's that got to do--? Well, if the knife was gone before Mr.
Cole went to bed, wouldn't that indicate that the murder was premeditated? Obviously, he wasn't walking in his sleep.
You're putting words in my mouth.
I never said that.
Is that all, lieutenant? Yes, yes, that's all, Mr.
Harris.
And, uh, thank you for dropping by.
You've been a great help.
Get me Mr.
Burger.
--to prove, ladies and gentlemen of the jury, that on the morning of the 14th, the defendant entered Phillip Kendall's bedroom and stabbed him to death in the mistaken impression that he was killing Frank B.
Maddox.
We will show that bad blood existed between Maddox and the defendant, and that this murder was not only deliberate but premeditated.
Well, it was like this: I'm a light sleeper anyway.
When I heard the noise on the patio, naturally, I went to the window to take a look.
And what, if anything, did you see? I saw Peter Cole walking across the patio towards Phillip's room.
He had a knife in his hand.
[MURMURING.]
Mr.
Maddox, in your opinion, was Mr.
Cole walking in his sleep or was he awake? - He was awake.
MASON: Objection.
The witness is not qualified to answer that question.
Sustained.
Do you know what time it was when this occurred? Yes, I made a point of looking at my watch.
- It was exactly five after 3.
- Thank you.
Your witness, Mr.
Mason.
Mr.
Maddox, you look like a man who could give a pretty good account of himself physically.
Thank you.
Would you say that you had the normal amount of courage? As much as the next man.
Yet when you saw this figure with the knife, what did you do? - What did I do? - That was my question.
- I did nothing.
- You just went back to bed? Yes.
Are we to understand that sleepwalkers with knives are an everyday occurrence to you? I didn't think he was sleepwalking.
Then we're to assume that murderers - are nothing unusual in your life.
- You're distorting what I said.
No, I'm merely repeating that on the night in question you saw Peter Cole walking across the patio with a knife in his hand, and you did nothing about it.
You just went back to bed.
Did you do one thing, Mr.
Maddox? One thing at all to alarm the household? - No.
- You simply stayed in your room.
Yes.
- You did not leave that room all night? - No.
Yes, I, uh I went for a little walk.
What time was this? Around 11:00.
Approximately four hours before you saw the figure on the patio.
Yes.
During this walk, did you also make a phone call? Yes.
With no less than three telephones in Mr.
Cole's house, you had to leave to make a phone call? - Yes.
- Whom did you call? Mrs.
Cole.
MASON: The divorced wife of the man whose guest you were? MADDOX: Yes.
No further questions.
And where was your room in relation to the others, Mr.
Duncan? Next to the other guest room, just across the hall from Mr.
Kendall's and Miss Hammar's.
Thank you.
Cross-examine.
Mr.
Duncan, you are a member of the bar, is that correct? I am.
You are familiar with the Canons of Ethics of the Bar Association? - Certainly.
- You know the purpose of the code.
As attorneys, we are deservedly jealous of our reputations.
We feel we serve the cause of justice.
Do you agree that any attorney who subverts the law for his own financial gain should be disbarred? Of course.
Would you say that a lawyer who connived to blackmail an innocent third party was ethical? [CROWD MURMURING.]
Apparently, the witness expects me to interpose an objection.
If it please the court, the state does not object to Mr.
Duncan's answering this question or any like it, bearing on the conduct of attorneys.
The witness will answer the question.
I believe you asked if I thought a lawyer who connived at blackmail was ethical? The answer is, of course not.
Yet didn't you and Mr.
Maddox attempt to blackmail Mr.
Cole? That's ridiculous.
You advised Maddox to ask Cole for half a million dollars, otherwise Mr.
Cole could not get his divorce.
I did nothing of the kind.
Mr.
Maddox asked a half million dollars for his interest in Cole Enterprises.
When his share wasn't worth 200,000.
That's your opinion, I'm entitled to mine.
I felt it was worth much more.
Because you tied it up with Mr.
Cole's divorce.
If Mrs.
Cole tried to block the divorce, that was her own affair.
Do you seriously maintain there was no connection between the two? Do you have any evidence to prove there was? I had absolutely no personal contact with Mrs.
Cole.
- You never spoke with Mrs.
Cole? - Never.
[INAUDIBLE DIALOGUE.]
Mr.
Duncan, in direct examination, you testified you spent the evening of the 13th and the morning of the 14th at Peter Cole's home.
- I did.
- You were there continuously? Yes.
You did not go to the Western Bus Depot at approximately 3:00 on the morning of the 14th and place a long-distance call to Mrs.
Doris Cole in Santa Barbara? I most certainly did not.
I was asleep at the time.
You are aware of the penalty for perjury.
Of course.
Your Honour, please, I'd like to reserve the right to recall this witness for further cross-examinations.
Any objections, Mr.
Burger? BURGER: None, Your Honour.
- That's all.
The witness may step down.
He's lying, Mason.
You're not gonna let him get away with that.
I call Steven Harris to the stand, please.
I think Mr.
Burger will open the door for us.
CLERK: Raise your right hand.
- How? CLERK: You solemnly swear the testimony Through Steve.
CLERK: --and nothing but the truth? HARRIS: I do.
- State your name.
- Steven Harris.
- Be seated, please.
If it please the court, this is an adverse witness, but he has certain information which is necessary to the state's case.
Proceed, Mr.
Burger.
Mr.
Harris, do you know that the law gives me certain privileges - with an adverse witness? - No, sir.
BURGER: Under the law, I'm entitled to ask you leading questions because you would rather not testify for the state.
You would rather not testify, is that true? - Well, I suppose so.
- Do you mind my asking why? Is it because you're friendly with Edna Hammar, the niece of the defendant? HARRIS: Yes.
BURGER: You're more than friendly, you're engaged to be married? HARRIS: Yes, sir.
Now, Mr.
Harris, on the evening of the 13th, you were in the home of the defendant, Peter Cole, is that true? Yes.
During the evening, did you happen to pass a sideboard - in the dining room of that home? - Yes.
And did you see a carving set on that sideboard? - Yes.
- Only the knife from that carving set was missing at the time.
I don't remember.
You remembered in Lieutenant Tragg's office.
Was that knife there? No.
You realise the importance of that question, don't you, Mr.
Harris? If the defendant took the knife before he went to sleep, obviously the claim that he was sleepwalking is sheer nonsense.
I object, Your Honour.
The question is argumentative and assuming a fact not in evidence.
Sustained.
The jury will ignore the district attorney's last remark.
BURGER: I'm sorry, Your Honour.
Now, Mr.
Harris, at what time did you first notice that the knife was missing? I don't know exactly.
Let's see if we can help you fix the time.
Did you sleep at the Cole home that evening? - No.
- When did you leave for your home? I didn't go directly to my own home.
Where did you go, Mr.
Harris? Up to Santa Barbara where Mrs.
Cole lives.
And at what time did you arrive at her place? I asked you a question, Mr.
Harris, what time did you get there? About 12:00.
So you obviously must have left the Cole ranch at Los Angeles considerably before 12.
- Say about 10.
- Yes.
And was Mr.
Cole in bed at that time? - No, he was still up.
- Thank you.
Your witness, Mr.
Mason.
Now, Mr.
Harris, since the prosecution is asking for your conclusion, and since it has made a great deal out of finding the murder weapon under Mr.
Cole's pillow, is it possible that someone else could have put it there after Mr.
Cole left his room the following morning? Why, sure.
Sure, anyone could.
Now, you have testified that you went up to Mrs.
Cole's home in Santa Barbara.
What were you doing there? I object to that, Your Honour.
That question is entirely immaterial.
If Your Honour please, Mr.
Burger elicited this information on direct examination.
He opened the door when he questioned the witness about going to Mrs.
Cole's home in Santa Barbara.
I have every right to know what Mr.
Harris was doing there.
Objection overruled.
- You may continue, Mr.
Mason.
- Thank you, Your Honour.
Now, Mr.
Harris, what were you doing at Mrs.
Cole's home? I was watching her.
You were acting under my instructions? - Yes, sir.
- And while you were there, did you overhear a telephone conversation? - I did.
- Who was the conversation between? Mrs.
Cole and a man named Duncan.
[CROWD MURMURING.]
You mean, the gentleman who just testified? BURGER: I object, Your Honour.
That calls for the rankest form of hearsay.
He can testify that Mrs.
Cole was on the telephone, but there's no possible way he could know as a fact who she was talking to.
Your objection's properly taken, Mr.
Burger.
- Sustained.
- Thank you, sir.
MASON: Then let me put it this way, Mr.
Harris.
You did overhear a telephone conversation? - I did.
- Thank you.
Now, where were you standing when that telephone conversation took place? Uh, outside the house, right beneath Mrs.
Cole's bedroom.
Your Honour, I should like to have this photograph marked for identification.
MASON: Thank you.
Mr.
Harris, will you examine this photograph, please? Will you show me just where you were standing when you overheard that conversation? Near the shrubbery, right beneath Mrs.
Cole's bedroom.
Are you sure? Is it possible you were standing on the other side of the house? - Well-- - Now, this is an important point, as you may understand.
Your Honour, Mr.
Mason is coaching the witness.
No, I-- I got a little mixed-up.
Mrs.
Cole's bedroom is on the other side of the house.
It's simply that you weren't oriented properly, but now you do recognise the house? Oh, sure.
And that is where you overheard the telephone conversation? Yes, sir.
I even wrote it down.
- Word for word? - Yes, sir.
Of course, there is one other way that you could have recorded that conversation.
I mean, if you had made the telephone call yourself.
Well, sure, but, huh, what would be the point? Well, that would have given you an alibi for the time of the murder.
That way, you could pretend to be in Santa Barbara overhearing the conversation when actually, you'd be in Los Angeles telephoning.
Isn't that right, Mr.
Harris? Well, I suppose so, but I was in Santa Barbara.
Just long enough to meet my associate, Mr.
Jackson.
After you killed Phillip Kendall, you then raced back to Santa Barbara to meet Jackson the following morning.
Why, you're crazy.
I liked Phil.
Why would I kill him? Because with Kendall dead, and my client going to the gas chamber for his murder, your fiancée, Miss Hammar, would inherit all of the Cole Enterprises.
HARRIS: Well, she would've anyway.
MASON: But you couldn't wait.
You were tired of being poor.
You were tired of playing the nice, clean-cut boy.
And once you and Edna were married, you'd wind up with the money in your hands.
I tell you, you're wrong.
How would I know that Maddox and Kendall had changed rooms? I left the house long before they went to bed.
But you subsequently called Miss Hammar from Santa Barbara.
Didn't she tell you? She never realised what you had in mind.
Mr.
Mason, I tell you I was in Santa Barbara.
I was standing there when I heard that phone conversation.
How is that possible, Steve? When that isn't a photograph of Mrs.
Cole's home at all? [CROWD MURMURING.]
WOMAN [OVER PA.]
: Flight 211, the Islander, for Honolulu, departing from the west concourse, Gate 266.
- I can't thank you enough, Mason.
- Just have a wonderful time.
LUCILLE: Ooh.
- You two deserve it.
I wish we could've talked Edna into making the trip with us.
It's better this way, Lucille.
She needs to be alone a while.
- She's had quite a shock, you know? - We'll keep an eye on her.
There, isn't she lovely? - Lovely.
- Thank you.
One more question, Mason.
What made you decide Steve was the murderer? - Duncan was the key.
- That thief.
But you can't deny Duncan's smart.
Almost everything I cross-examined him on, he was able to answer as a matter of opinion.
But when I asked him if he'd called Doris that night, he couldn't work around that.
He had to give a "yes" or "no" answer.
Once he stated under oath that he had not phoned Doris, then I had to consider that Steve was the liar.
That photograph clinched it.
COLE: So when Steve said the knife was out of the sideboard - when he went to Santa Barbara - He told the truth.
He just moved it there because it was easier to get at at 3:00 in the morning.
WOMAN [OVER PA.]
: Final call.
Flight 211 MASON: That's you.
COLE: We'd better be going.
DELLA: Good luck to both of you.
- Oh, thank you.
- Thanks, bye-bye.
COLE: Bye.
DELLA: Bye.
WOMAN [OVER PA.]
: All aboard.
- Nice people.
- Uh-huh.
They deserve a wonderful honeymoon.
I hope he doesn't walk in his sleep.
After waiting 15 years?