Perry Mason (1957) s01e16 Episode Script
The Case of the Demure Defendant
Captain Hugo.
Captain Hugo.
I have a present for you.
Now, don't tell me what's in here, Nadine.
It's a-- It's a necktie.
- Bar of soap? - No.
Tobacco.
Ha-ha.
I never would have guessed.
Let me off this fool thing before I break my neck.
Hey, what have we got here? Oh, you mean this old thing? Now don't go and tell me that you and John Locke have finally gone and got yourselves engaged.
All right then, I won't tell you.
- When did it happen? - This afternoon.
When you-- When are you gonna tell your Uncle Martin? Well, I-- I thought I'd wait.
It ain't gonna be good if he finds out from someone else.
You're late.
I'm sorry, Uncle Martin.
This room looks like a pigsty.
Where have you been? I asked you something, Nadine.
John wanted to see me.
Oh.
John wanted to see you.
Doesn't matter what I want.
You leave me here alone.
Captain Hugo was downstairs.
Hmm.
A lot of help he is.
He's been useless for the last 20 years.
As for you and John Locke, that's useless too.
Nothing good can come of it.
You're wrong, uncle.
John and I have already set the date.
Let go of me.
You won't marry John Locke.
You'll do as you're told.
When I was a child, you filled my life full of fear and humiliation.
Now all I have left for you is contempt.
So you're gonna get married, huh? Ain't that sweet.
Gonna have a big family too, I bet you.
Five or six kids.
Is there anything wrong with that? No, I think that's wonderful.
When's the great day set for? The 14th of next month.
In that case, I got a little present for you.
It's in the desk drawer.
Go on, get it.
There's a sealed envelope in there.
That's it.
Open it.
Those are just the Photostats.
I'll send the originals to your husband for a wedding present.
[CRIES.]
No.
Oh-ho, yes.
So you plan to have a big family, huh? What will you do if the kids take after your side? [MARTIN LAUGHING.]
[CRYING.]
Come on in, darling.
- I'll be through in just a minute.
- Oh, that's all right.
You just pretend I'm one of your client.
[CHUCKLES.]
Is that the way you treat your clients? Well, I do better without gloves.
You better take them off, professor.
Why, just as soon as I finish mixing this solution.
In case you haven't heard, Miss Marshall, the cyanide is pretty deadly.
Hardly the thing you'd give your fiancée, unless your name was Borgia.
Oh, did you break the news to the ogre? No.
Well, I've been thinking it over, John, and, well, don't you think it's rushing things a bit? What are you talking about? Well, you're just starting in business, and maybe a wife would be a burden.
Nadine, look at me.
Do you love me? [MOUTHS.]
Yes.
Then that's all that counts.
[MAN CLEARS THROAT.]
A COD from Crane Chemical Company.
- All right.
- Sign that.
[SCRIBBLING.]
- Alrighty.
- Both copies.
That will be 18.
20, that includes the tax.
JOHN: Check on it.
MAN: Yes, sir.
- How much was that? - Eighteen dollars and 20 cents, sir.
Eighteen-twenty.
JOHN: All I need.
This ought to do it.
MAN: All right.
- All right.
Good.
- Thank you very much.
You know what we're going to do? We're going to Rico's for dinner.
And if you're very good, I might even let you have zabaglione for dessert.
John, I can't have dinner with you tonight.
- Why not? - I have to go home.
- Uncle Martin needs me-- - Nadine, I can't let you go like this.
- Please tell me what's the matter-- - Darling, would you please let me go? [DOOR CLOSES.]
Hello, Cappy.
- Something wrong, honey? - No, I'm just a little tired.
Yeah, I know what you need, young lady.
A nice bowl of my stew.
No, thanks, Cap.
I'm going right to bed as soon as I fix Uncle Martin his hot chocolate.
Yeah, he's been yelling for it.
- I started heating the milk.
- Thanks, Cap.
- Is he alone? - No.
The vultures are with him.
Marian and Lester? When did they get back from Palm Springs? Oh, about an hour ago.
The old man's lawyer was here again today.
Him and Martin had their heads together for nigh on to four hours.
Wonder how the vultures are gonna take that news? Lean forward now just a second, huh? - There.
Now, isn't that better? - You're a good girl, Marian.
It's a pleasure to do things for you, Uncle Martin.
- Isn't it, Lester? - Yes, indeed.
You know, I really just don't understand how Nadine could let things get this way.
You're much too patient with her.
That's what I've been thinking.
That's why I had my lawyer drop by today.
He's drawn up a new will.
And kept Nadine out.
Ain't gonna leave her a penny.
You've done more than enough for her already.
I thought you'd approve.
If people can't make their own way in life, they shouldn't expect others to keep them.
Absolutely.
Yes, sir, I'm leaving my entire estate, property and money, to the people who have done the most for me.
The Hartford Medical Foundation.
But, Uncle Martin, what about me? You just answered that question yourself.
If people can't make their own way in life, they shouldn't expect others to keep them.
He's screaming for that chocolate, Nadine.
Nearly ready.
Can I give you a hand? Did you know what the old man was up to? I ain't his nursemaid.
He must be out of his mind.
Here, let me help you with that.
I was very worried about you while I was away.
I would have phoned, but you know Marian.
She might have misunderstood.
[BUZZER SOUNDING LOUDLY.]
Patient, ain't he? [BUZZING CONTINUES.]
Did you see John Locke again? Mighty fine boy.
He's gonna make some girl a wonderful husband.
First time I saw him I said, now there's a real family man.
Smells like you burnt it again as usual.
Leave that alone and stop messing around.
[GROANS.]
You don't even make a good maid.
Young Locke should be grateful to me.
[DOOR OPENS.]
[DOOR CLOSES.]
Oh, Cappy.
- I was going to do that.
- It's all taken care of, honey.
I remember the time when I was sailing from Java to San Francisco and our cook got sick.
Ha.
You never saw so dirty many dishes in all your born-- [BUZZER SOUNDING.]
Uh-oh.
He's acting up again.
Never could understand why she puts up with him.
[MARTIN MOANING.]
[CUP CLATTERS.]
[MOANING.]
[WEAKLY.]
You-- You've poisoned me.
You devil.
[SCREAMS THEN SOBS.]
Ninety-five, 94, ninety-three, 92, ninety-- What is your name? Nadine Marshall.
Do you know who I am? Dr.
Denair.
You're going to make me well.
And you're going to tell me the truth? I have to.
You gave me the truth serum.
You remember the talk we had yesterday? DENAIR: You told me about your home.
You said there was something there that disturbs you.
What was it, Nadine? You know I want to help you.
No one can help me.
[TEARFULLY.]
Why doesn't he leave me alone? Why does he always hurt me? - Who? - Uncle Martin.
He won't let me marry John.
He says if I have children-- No.
No, it isn't true.
You mustn't tell John.
I'll kill myself first.
Who would ever think that those little pills could take a person's life? If I put them in his chocolate, he'd never-- No.
No, Uncle Martin, I didn't mean it.
I was gonna use them on myself.
Uncle Martin.
Uncle Martin.
I killed him! I killed him.
[NADINE SOBBING.]
DENAIR [OVER TAPE RECORDER.]
: What--? What were those pills you put in his chocolate? NADINE: Cyanide.
DENAIR: Where did you get them? You must tell me the truth, Nadine.
Where did you get the poison? NADINE: From John's laboratory.
[RECORDER CLICKS OFF.]
What is this patient's history, Bob? Well, I first saw her three days after the death of her uncle.
She was on the verge of a nervous breakdown.
Her fiancé, a boy named John Locke, called me in.
So I give her medication to try to get at the cause of her anxiety.
How did her uncle's death certificate read? Death from natural causes, coronary thrombosis.
I don't know which way to turn.
I just don't know what to do.
If I were to tell you the law required that you go to the police? Hmm.
I'm a doctor, not a detective.
A psychiatrist's office is like a confessional.
Since you've made up your mind, why come to a lawyer? Suppose I do go to the police and there was no murder? She could sue you.
In other words, I'm hung no matter which way I turn.
Who else has heard this recording? My nurse, Miss Wilson.
She can be trusted.
I hope so.
Perry, what will I do? Well, if it's all right with you, I'll meet you at the hospital in the morning and have a talk with this patient of yours.
Good.
Thanks very much.
NADINE: I've got to get rid of this bottle of cyanide.
I know.
Throw it in the lake.
No one will ever find it there.
Got to weigh it down.
Get one of the shotgun shells Break it open and pour the shot into the bottle.
That will make it sink.
Where's the gun? Got to hurry.
Hurry.
I've got to get out to the lake.
DENAIR: What lake is that? NADINE: Westside Lake.
Oh, I can run down the boat landing now.
[RECORDER CLICKS OFF.]
Nadine, you'll have to talk to us.
Mr.
Mason is here to help you.
What I'm saying.
Why did I say those things? DELLA: Sooner or later it had to come out.
Are you going to the police? No, not yet.
Why did you hate your uncle? I did hate him, I guess.
He was a bully.
And when tried to stopped me from marrying John-- Nadine, how could he stop you? [CRYING.]
He had his way.
Perry Well, Della, what do you think? I feel sorry for her.
She seems like a frightened little girl.
Could be an act.
Then why did she throw the pills in the lake? She could have easily washed them down the sink.
Yet it could have made sense to her if she were on a verge of a nervous breakdown.
What if she didn't throw them in the lake? Oh, Bob.
Tell me, is it possible for someone to lie while under the influence of the truth serum? Anything is possible.
Perry, can you take care of this for me? Yes, I'd better take that.
I wouldn't want someone to run across it.
- Mm-hm.
I'll hear from you? - Yes, you will.
All right.
What next? Well, lunch first, then I'll drop you off at the office.
They just left.
I thought it was my duty, lieutenant.
I just had to tell you.
DELLA: Gertie, if anyone calls-- Oh.
Hello, lieutenant.
Yes, I wanted to see your boss, Della, but I think you'll do.
Oh, well, if you'll wait just a few minutes, I have some things to take care of.
I think we're both trying to take care of the same thing.
- What do you mean? - That tape recorder you're holding.
Well, this-- This is Perry's.
Heh.
Heh-heh.
With the initials R.
D.
? - Uh-- Not without a search warrant.
- Oh.
Well, it just so happens Here.
Ahem.
Anything else? [MUMBLES.]
Yeah.
Hmm.
Mm-hm.
[DOOR OPENS.]
[DOOR CLOSES.]
[INDISTINCT CHATTER.]
Lost something, mister? Hey, would you like to earn a dollar? - On the square? - Mm-hm.
- Me too, mister? - Sure, both of you.
If you find what I'm looking for, there'll be another $5 apiece.
Is it for real? Right.
Somebody threw a small bottle from this landing.
It's landed out there in the middle of the lake, right about those-- Right about the water lily.
It was filled with lead shot.
You know, BB's, and it had some pills in it.
Think you could find it? - Yeah.
- Sure.
Hey, this is a man's job, Suzie.
Stay out of my way.
May I have a hot dog, please? - Put everything on it.
- Coming right up.
- Here you are, sir.
- Thank you.
Hey, I've seen your picture in the paper.
You're Perry Mason, the lawyer, - aren't you? - Uh-huh.
[CASH REGISTER BELL DINGS.]
[AIRCRAFT FLYING OVERHEAD.]
ARTHUR: Hey, mister.
Hey, mister, I've got it.
All right, young man, give it to me.
It's all right, Arthur.
- Analysis, Mr.
Mason? - As fast as you can, Dr.
Korbell.
[CHUCKLES.]
It's always the rush.
Can you give me an idea of what to expect? Try it for cyanide.
Come on, young fellow, I'll take you home.
This time it is a rush, doctor.
Hello, Perry.
I suppose you've heard the news? Della just told me.
Your nurse couldn't wait to call the police.
If you think that's bad, wait till you hear the topper: - Nadine's gone.
- What do you mean, she's gone? Just that.
She has disappeared from the hospital.
- How the devil could that happen? - No idea.
[PHONE BUZZES.]
- Yes? - Imagine her boyfriend - had something to do with it.
- Excuse me.
It's Dr.
Korbell.
He says it's urgent.
Yes, Dr.
Korbell? Was it Lieutenant Tragg? I might have known.
Did he take all the pills? - All right, thanks for calling me.
DENAIR: More trouble? I have a boy dive for that bottle out at the lake.
When we found it, we took it to Korbell for analysis.
Apparently the police weren't far behind.
DELLA: Now they're looking for you? - For withholding material evidence.
Well, might as well save the taxpayers the cost for picking me up.
Shouldn't like to be in your shoes.
Now that you mention it, Bob, they do pinch a little.
Well, Mason, what have you got to say for yourself? I don't know.
What crime am I alleged to have committed? There's nothing alleged about this.
You tampered with material evidence in a murder case.
- How? - You heard the boy.
Arthur, you found that bottle, didn't you? Yes.
Did you turn it over to me when you got out of the lake? Well, no.
You told me to hold onto it.
MASON: Did I take it away from you at any time? No.
And you handed that bottle to Dr.
Korbell yourself, didn't you? - Yes.
MASON: Thank you, Arthur.
That's all, Arthur.
You can go now.
Take him back to his mother.
Now, will you show me how or when I tampered with this so-called material evidence.
Listen, Mason, that bottle contains cyanide.
When did you get the analysis report? MAN: Crime Lab, Sergeant Kramer.
- Tragg, sergeant.
Did you finish the analysis on those pills in the Wellman case? - Yes, sir.
We first tested-- TRAGG: Never mind the details.
- Was it pure cyanide? - No, it was saccharin.
TRAGG: Saccharin? Yes, you know, the stuff folks use as a substitute for sugar.
Oh.
Well, thanks, sergeant.
I am sorry, lieutenant.
I know you'd counted on murder.
Well, how do you explain her confession? Oh Probably overactive imagination.
Well, no use to trouble yourself further.
- I'll see that these get to Dr.
Denair.
- Uh-uh, uh, uh.
- You mean, this? - Mm-hm.
[CHUCKLES.]
You know, I always feel sorry for Tragg.
Even that saccharin hasn't sweetened his disposition.
[KNOCK ON DOOR.]
It's Paul.
Come in.
- No hello? - Hello.
What a fine time to be having a celebration.
Heh.
He hasn't heard about the saccharin.
Oh, yes, I have.
All right, what have you heard? Well, after you talked to Tragg, he sent a couple divers out to Westside Lake.
They found another bottle.
- Another bottle? - The same kind he found earlier.
Only this one was loaded with cyanide.
What else? The cops think you planted the first bottle in order to confuse matters.
The DA's charging you with covering for Nadine.
Well, that's ridiculous.
The guy that runs the hot-dog stand out there swears he saw Perry throw something into the lake.
Paul, you've gotta locate Nadine.
- How do I go about doing it? - Find John Locke.
Put every man you've got on it.
Let me know when you strike pay dirt.
[INAUDIBLE DIALOGUE.]
- Mr.
Locke.
- Yes? Where we can find Nadine Marshall? - Who are you? - My name is Mason.
This is my secretary, Della.
We've got to see Nadine.
What makes you think I'd know where she is? - You're engaged to her.
- I haven't seen her in days.
If you haven't seen her in days, why are you stocking up on groceries? Don't you usually have all your meals out? Look, we don't have time for games.
The police are after you too.
- What for? MASON: For the same reason I am.
They wanna find out if Nadine stole any cyanide from your laboratory.
She didn't.
If you're lying, the district attorney will break you wide open.
It'll make a case of first-degree murder against her.
I'd never testify against Nadine.
I'd go to jail first.
You think that will help? [CAR APPROACHING.]
Too bad you and Nadine aren't married.
You know, a husband can't testify against his wife.
[ENGINE STARTS.]
[TYRES SQUEALING.]
[SIREN WAILING.]
- You think he'll get away? - I don't know.
But that's still doesn't get us any closer to Nadine.
You think I did the wrong thing in telling him? I just hope the Bar Association doesn't get you for practising without a licence.
How do you do? Is Lester Newburn at home? - Who wants him? - My name is Mason.
He'll be back any minute.
And there ain't no charge for waiting.
And if you don't mind the kitchen, it's much more friendly in there.
So you're Mason, the lawyer.
- You must be Captain Hugo.
- Yep.
- How's Nadine? - I haven't seen her lately.
She didn't kill the old man.
- You might as well suspect me.
- I do.
I suspect everyone.
As a matter of fact, where were you when Martin Wellman died? Minding my own business.
Weren't you were surprised when you weren't mentioned in his will? No.
Even after working for him all these years? So he cut me off at the pockets.
He didn't owe me nothing, I didn't owe him nothing.
Captain Hugo, have you seen--? Here's the fellow you've been waiting for.
Mr.
Newburn? I'm Perry Mason.
Could you spare me a few minutes? Why, yes, of course.
- Let's go into the library.
- Captain.
[DOOR CLOSES.]
Mr.
Newburn.
Do you--? Do you think Nadine murdered her uncle? - Nadine is a sweet child.
- That doesn't answer my question.
I don't jump to conclusions quite as rapidly as the police.
You know, Nadine was getting a raw deal from her uncle.
- And that bothered you? - It did.
I'm very fond of her.
What are your feelings about-- - About John Locke? - He's a nice boy.
How far do you think he'd go to protect her? Oh-ho-ho.
Pretty far.
I wouldn't be surprised if he threw that bottle of saccharin in the lake.
How did you know about that other bottle? The police have been keeping it under wraps.
[CHUCKLES.]
I must be psychic.
- An oversimplification.
- Meaning? Meaning I think you're responsible for the second bottle.
You know, I'm very grateful to you, Mr.
Mason.
I don't think I'll ever make that slip again.
The next time, I'll keep my mouth shut.
Why did you plant that bottle? All right, I'll tell you.
I wanted to protect Nadine.
The night that Martin Wellman died, Nadine was hysterical.
- Dr.
Granby gave her a sedative.
- Go on.
The next morning, I saw her fill a bottle with lead shot and throw it into the lake.
So you took the same kind of bottle-- Oh, but this one was filled with saccharin.
And I duplicated her actions.
Why? Well, I figured if the police found out and searched the lake, Nadine had a fifty-fifty chance they might come up with a bottle that didn't make her guilty.
- That was very noble of you.
- I thought so.
Do you realise the district attorney thinks I'm responsible for that manoeuvre? Well, that's too bad.
What do you plan to do about it? [CHUCKLES.]
Not a single solitary thing.
- Suppose I put you on the stand? - It would be waste of time.
I told you, Mr.
Mason, I'll never make that mistake again.
In other words, you'd lie.
In other words, I'd lie.
- Perhaps you'll change your mind.
- Uh-uh.
Well, just in case you do, here's my unlisted number.
You may call me at any time.
Oh, excuse me.
Oh, Marian.
Come in, come in.
Darling, this is Mr.
Perry Mason.
- My wife.
- How do you do? How do you do? I was just leaving.
Are you representing Nadine? I haven't decided yet.
Well, if there's anything we can do to help, please let us know.
Then you don't believe she killed Mr.
Wellman? Well, of course not.
Uncle Martin died of a heart attack.
- The police disagree with you.
- The police are wrong.
You tell Nadine that we all know she's innocent.
I'm sure she'll be very grateful for your vote of confidence.
Good night.
Good night.
[DOOR CLOSES.]
Well, now.
Wasn't that sweet of me? Do you know any other wife who would be that charitable to a little cheat? - What are you talking about? - That demure little child.
Just remember, darling, when you're dreaming about Nadine, that Uncle Martin left all his money to me.
Marian Listen to me.
As far as I'm concerned, Nadine is just a sweet kid.
Oh, that's very funny.
You're the only woman I ever cared for.
Please, Lester, I just can't take any more.
I know I've acted like a heel at times, but in my own way, I've tried to make up for it.
How? I hope you never find out.
[KNOCK ON DOOR.]
- Hi, beautiful.
Where's Perry? - And I thought you came to see me.
I'd like nothing better, but I gotta talk to him.
Well, he's downstairs.
What's wrong, Paul? Everything.
The cops picked up Nadine and John Locke at the state line.
Then they didn't have a chance to get married.
Uh-uh.
That Burger must be licking his chops.
- Where's Nadine now? - At Logan City Jail.
Come on, let's go see Perry.
Just tell me the truth, Nadine.
- I have.
- No, you haven't.
Now, how did your uncle prevent your marriage to John Locke? Nadine, I can't fight both you and the district attorney.
When told Uncle Martin I was gonna marry John, he showed me some papers.
What kind of papers? - A committal order.
- For whom? My father.
Committing him to an institution for the criminally insane.
He died there.
Do you still want to defend me, Mr.
Mason? Now listen to me, young lady.
The best medical advice tells us criminal characteristics cannot be inherited.
John said that too.
He knows the story? Oh, I had to tell him when he insisted we run off and get married.
But you still believe you could have inherited that bad seed.
You still believe you could have killed your uncle.
I don't know what to believe.
Ladies and gentlemen of the jury, the State will prove beyond a reasonable doubt that the defendant, Nadine Marshall, wilfully and feloniously murdered her uncle, Martin Wellman.
BURGER: Mr.
Locke, as sole proprietor of the Locke Laboratories, how many people do you employ? Just myself.
It's a one-man outfit.
I show you here a bill from the Crane Chemical Company dated June 9th, that's two days before the murder of Martin Wellman.
You'll notice there's an item circled there.
It says, "One hundred five-grain tablets pK3.
" - Just exactly what is pK3? - Potassium cyanide.
- The deadly poison? - Yes.
On the day Martin Wellman died, did the defendant visit you at your laboratory? - She did.
- And at any time after she left, did you notice a shortage in your supply of potassium cyanide? I don't remember.
That's surprising.
When you brought your records down to my office, we found 16 tablets you couldn't account for.
I said they could have been used in various tests.
Yes, but you also said that your company was a one-man outfit.
If anyone made tests with potassium cyanide, you must have done them.
I must have.
And although they involve the use of a lethal poison, you can't remember making these tests.
I can't remember.
Isn't that strange? You can't remember making them, you have no records of them.
And yet you habitually keep the most accurate account of every experiment you run.
Your witness, Mr.
Mason.
MASON: No questions.
JUDGE: You may step down.
Dr.
Granby, were you summoned to the Wellman residence on the evening of June 11th? I was.
Would you tell this court what you saw there, please? I saw the body of Martin Wellman lying on his bed and fragments of a broken cup scattered on the floor, and what appeared to be a chocolate drink spilled on his nightshirt and on the floor, and I also observed a cherry redness of skin.
And were you also present later when an autopsy was performed on the late Martin Wellman - after his body had been exhumed? - I was.
As a result of that autopsy as well as for other reasons, did you arrive at a conclusion as to the cause of death? Yes.
In my opinion, Martin Wellman had been poisoned by cyanide potassium.
Thank you, doctor.
Your witness.
When you first saw Martin Wellman's body, Dr.
Granby, on the night of his death, did you at that time note all the symptoms you've just described for this court? Yes.
Would you state what you certified as the cause of death? Coronary thrombosis.
And after the autopsy, did you change your mind? Yes.
Isn't it true that embalming destroys all trace of cyanide in the body? Yes.
Consequently, after the autopsy, you found no traces of potassium cyanide whatsoever.
No, but there was also no sign of a coronary thrombosis.
There was no other apparent reason for Mr.
Wellman's death.
Dr, Granby, would you say that all unexplained deaths were due to cyanide poisoning? Of course not.
Then why the exception in the death of Martin Wellman? Well, um, there was other evidence to support my opinion.
Such as? The apparent cherry redness of the skin at the time of his death.
Were there any other factors? Well, there was Nadine's confession.
Then you arrived that your recent expert medical conclusions on the basis of the defendant's alleged confession.
In a way, yes.
In other words, just hearsay evidence.
That's all, doctor.
You may step down.
BURGER: Just a moment, doctor.
Can you explain to this court, sir, why your first diagnosis gave coronary thrombosis as the cause for Martin Wellman's death? I made an honest mistake, Mr.
Burger.
The patient did have a history of coronary disease.
Unfortunately, at the time of his death, I made an unwarranted assumption.
I regret to say that is not unusual.
I think you deserve a great deal of credit for admitting your mistake in public.
There are very few men big enough to do that.
Thank you again, doctor.
If the court please, the defence moves for a dismissal on the grounds that the prosecution cannot prove that the deceased died by a criminal agency, namely cyanide poisoning.
Your Honour, we have other expert witnesses to support the People's case, in addition to which, we have a recorded confession of the defendant, to be entered in evidence.
I hold that this confession is a confidential communication between doctor and patient and cannot be introduced.
Your motion for a dismissal is premature, Mr.
Mason.
As to the tape recording we are now coming to the crux of the legal situation which the court understood would arise.
I think that argument should take place outside the presence of the jury.
That is correct, Your Honour.
Very well.
The jury will be excused while the court considers this objection.
You will not discuss this case or permit it to be discussed in your presence.
Nor will you form or express any opinion as to the guilt or innocence of the defendant until the matter is finally submitted to you.
The jury will please rise.
Your Honour, we have established at least the presumption that death was caused by potassium cyanide.
This tape recording contains a statement by the defendant to the effect that she poisoned Martin Wellman.
The defence again submits that that recording is a confidential communication and, going further, that it was made under the influence of drugs.
If it please the court, it's generally conceded, that a confession is admissible no matter how was obtained as long as enough physical evidence is introduced to establish the authenticity of that confession.
The court will permit the district attorney to present his corroboration.
Thank you, Your Honour.
As previously introduced, People's Exhibit A is an empty shotgun shell which formerly contained Number 5 lead shot.
People's Exhibit B is a bottle containing potassium cyanide and lead shot from that shotgun shell.
And People's Exhibit C is an identical bottle, containing saccharin and lead shot from a similar shotgun shell.
In what way is Exhibit C pertinent to this case? I think the defence counsel can answer that question.
If the court please, I can account for Exhibit C, and since the question has been raised that I planted that exhibit for purposes of confusion, I should like to call a witness to refute the insinuation.
The court shall grant Mr.
Mason's request.
Thank you, Your Honour.
I call Lester Newburn.
Mr.
Newburn, your wife was related to the late Martin Wellman? That is correct.
You were friendly with Nadine Marshall? I sympathised with her.
And after you learned that she had thrown a bottle containing cyanide tablets into Westside Lake, did you try to help her? Well, how could I? By taking a similar bottle, only this one filled with saccharin, and tossing it into the same lake.
It would have popped right back up to the surface.
Oh.
Not if you first filled it with lead shot, in the same way Miss Marshall is alleged to have done.
- That's ridiculous.
- Perhaps.
But right in your own home you made a statement to me that you duplicated Miss Marshall's actions with the second bottle.
- Did you not? - I did not.
And I say you did.
If Your Honour please, may I take the stand? Counsellor, do you wish to impeach your own witness? - Yes, I do.
- On your own testimony? BURGER: Your Honour, while it's distasteful of me to mention this, it does seem that if Mr.
Mason intended to clear himself of the prosecution's charge that he is responsible for People's Exhibit C, he has so far failed to do so.
Well, Mr.
Mason? Mr.
Mason.
My apologies to the court.
If the district attorney still wishes to introduce the tape-recorded confession into evidence, I shall withdraw my objection.
JUDGE: Mr.
Mason, you can't waive the rights of the defendant.
Earlier, you were quite definite in your objection to Mr.
Burger presenting the recorded confession.
If I had upheld your objection, the case against your client would have been dismissed.
A dismissal, Your Honour, which would have stamped my client as a murderess, escaping justice on a technicality.
Realising this, I now withdraw my objection.
The prosecution accepts.
One moment.
Will the defendant rise? Miss Marshall, you have heard what was said by your counsel? Yes, Your Honour.
Do you understand what this means to your case? I do, Your Honour.
Do you wish the court to appoint other counsel to represent you? No.
Whatever Mr.
Mason does is all right.
So be it.
Recall the jury.
And so if the court will permit, I can prove here and now that the defendant did not and could not have thrown the bottle containing cyanide into Westside Lake.
Have you any objection, Mr.
Burger? If Mr.
Mason can prove any such thing, I'd be the last one to make an objection.
JUDGE: I shall grant your request, Mr.
Mason.
Thank you.
Now, this is Exhibit A.
An empty shotgun shell.
At one time it contained lead shot, Size Number 5 lead shot.
This is Exhibit C, the bottle which contains the saccharin.
it also contains Size Number 5 lead shot.
Exhibit B, the bottle which contains the cyanide, also contains lead shot, not Number 5, but considerably larger.
- May I, Your Honour? - Surely.
Anyone comparing the shot from these two bottles can easily notice the difference in the size of the shot.
Well, now let me see if I understand you, Mr.
Mason.
It is your contention that the lead shot in this bottle of saccharin, Exhibit C, came from that empty shotgun shell.
That's right, Your Honour.
While the other shot, the shot from the bottle of cyanide, did not come from that shotgun shell.
I object, Your Honour.
Since when is the defence counsel considered a ballistics expert? I'll accept that, Mr.
Burger.
Let's call a ballistics expert.
Your Honour, may I request a short recess? The court will take a brief recess.
[INAUDIBLE DIALOGUE.]
Now, Sergeant Davis, as ballistics expert, you've made a complete examination of the lead shot in question? - I have.
- What are your findings? Well, the lead shot in Exhibit C, containing saccharin, is Number 5 lead shot from the empty shell case of Exhibit A.
And the lead shot in Exhibit B, the one with the cyanide? The lead shot in the cyanide bottle apparently did not come from any shotgun shell.
There's a coating on this shot.
It seems to be ink.
Thank you, sergeant.
That's all.
That's all, Sergeant Davis, you may step down.
And the court has undoubtedly seen an old-fashioned penholder like this before.
It holds lead shot.
Shot used to clean the excess ink from the steel-point pen when not in use.
Now, the lead shot found in that bottle of cyanide was obtained from this penholder, a penholder taken this very afternoon from the home of Lester Newburn.
The defence submits that Lester Newburn filled that bottle of cyanide with lead shot from this penholder.
And we ask to have a ink comparison made of the lead shot found in that bottle.
The court will so order.
Thank you, Your Honour.
I should like to call Lester Newburn back to the stand.
Recall Lester Newburn.
MASON: So you did get the lead shot from the library inkstand.
Yes.
And you placed it in a bottle containing cyanide.
Yes, I did.
What did you then do with that bottle? I threw it in Westside Lake.
Yet you told me you'd thrown a bottle containing saccharin into the lake.
Why? What was your real reason for making that statement? I wanted to protect my wife.
That's a lie.
[AUDIENCE CHATTERING.]
[GAVEL BANGING.]
JUDGE: Silence in the court.
What was your reason for protecting your wife? I knew she killed Uncle Martin.
Captain Hugo told me he saw her put the cyanide pills in the chocolate.
He's lying.
I didn't kill Uncle Martin.
He's just saying that to protect that woman.
[GAVEL BANGING.]
JUDGE: Silence in the court.
Bailiff, I order this man into custody for deliberate perjury.
I also suggest that the police immediately arrest Mrs.
Newburn on suspicion of murder.
But I didn't do it.
I didn't do it.
You sure raised a ruckus in that courtroom today.
I'd liked to have seen Marian's face when they arrested her for killing the old man.
She didn't do it.
You know who did? You.
I like a feller who don't beat around the bush.
But how did you find out I knew about the poison? John Locke.
I've just seen him.
He said he phoned you when he found it was missing from his laboratory.
That's right.
I took it out of her purse.
Captain Hugo, I don't understand.
You love Nadine more than anything in the world.
You even killed to protect her.
Why didn't you come forward when she was arrested? I reckon I had more faith in her lawyer than you did.
MASON: You know I'm gonna have to call the police.
- I can't stop you.
- I'm sorry, Captain Hugo.
You don't owe me nothing and I don't owe you nothing.
The way I look at it, I'll still come out ahead.
Captain Hugo.
I have a present for you.
Now, don't tell me what's in here, Nadine.
It's a-- It's a necktie.
- Bar of soap? - No.
Tobacco.
Ha-ha.
I never would have guessed.
Let me off this fool thing before I break my neck.
Hey, what have we got here? Oh, you mean this old thing? Now don't go and tell me that you and John Locke have finally gone and got yourselves engaged.
All right then, I won't tell you.
- When did it happen? - This afternoon.
When you-- When are you gonna tell your Uncle Martin? Well, I-- I thought I'd wait.
It ain't gonna be good if he finds out from someone else.
You're late.
I'm sorry, Uncle Martin.
This room looks like a pigsty.
Where have you been? I asked you something, Nadine.
John wanted to see me.
Oh.
John wanted to see you.
Doesn't matter what I want.
You leave me here alone.
Captain Hugo was downstairs.
Hmm.
A lot of help he is.
He's been useless for the last 20 years.
As for you and John Locke, that's useless too.
Nothing good can come of it.
You're wrong, uncle.
John and I have already set the date.
Let go of me.
You won't marry John Locke.
You'll do as you're told.
When I was a child, you filled my life full of fear and humiliation.
Now all I have left for you is contempt.
So you're gonna get married, huh? Ain't that sweet.
Gonna have a big family too, I bet you.
Five or six kids.
Is there anything wrong with that? No, I think that's wonderful.
When's the great day set for? The 14th of next month.
In that case, I got a little present for you.
It's in the desk drawer.
Go on, get it.
There's a sealed envelope in there.
That's it.
Open it.
Those are just the Photostats.
I'll send the originals to your husband for a wedding present.
[CRIES.]
No.
Oh-ho, yes.
So you plan to have a big family, huh? What will you do if the kids take after your side? [MARTIN LAUGHING.]
[CRYING.]
Come on in, darling.
- I'll be through in just a minute.
- Oh, that's all right.
You just pretend I'm one of your client.
[CHUCKLES.]
Is that the way you treat your clients? Well, I do better without gloves.
You better take them off, professor.
Why, just as soon as I finish mixing this solution.
In case you haven't heard, Miss Marshall, the cyanide is pretty deadly.
Hardly the thing you'd give your fiancée, unless your name was Borgia.
Oh, did you break the news to the ogre? No.
Well, I've been thinking it over, John, and, well, don't you think it's rushing things a bit? What are you talking about? Well, you're just starting in business, and maybe a wife would be a burden.
Nadine, look at me.
Do you love me? [MOUTHS.]
Yes.
Then that's all that counts.
[MAN CLEARS THROAT.]
A COD from Crane Chemical Company.
- All right.
- Sign that.
[SCRIBBLING.]
- Alrighty.
- Both copies.
That will be 18.
20, that includes the tax.
JOHN: Check on it.
MAN: Yes, sir.
- How much was that? - Eighteen dollars and 20 cents, sir.
Eighteen-twenty.
JOHN: All I need.
This ought to do it.
MAN: All right.
- All right.
Good.
- Thank you very much.
You know what we're going to do? We're going to Rico's for dinner.
And if you're very good, I might even let you have zabaglione for dessert.
John, I can't have dinner with you tonight.
- Why not? - I have to go home.
- Uncle Martin needs me-- - Nadine, I can't let you go like this.
- Please tell me what's the matter-- - Darling, would you please let me go? [DOOR CLOSES.]
Hello, Cappy.
- Something wrong, honey? - No, I'm just a little tired.
Yeah, I know what you need, young lady.
A nice bowl of my stew.
No, thanks, Cap.
I'm going right to bed as soon as I fix Uncle Martin his hot chocolate.
Yeah, he's been yelling for it.
- I started heating the milk.
- Thanks, Cap.
- Is he alone? - No.
The vultures are with him.
Marian and Lester? When did they get back from Palm Springs? Oh, about an hour ago.
The old man's lawyer was here again today.
Him and Martin had their heads together for nigh on to four hours.
Wonder how the vultures are gonna take that news? Lean forward now just a second, huh? - There.
Now, isn't that better? - You're a good girl, Marian.
It's a pleasure to do things for you, Uncle Martin.
- Isn't it, Lester? - Yes, indeed.
You know, I really just don't understand how Nadine could let things get this way.
You're much too patient with her.
That's what I've been thinking.
That's why I had my lawyer drop by today.
He's drawn up a new will.
And kept Nadine out.
Ain't gonna leave her a penny.
You've done more than enough for her already.
I thought you'd approve.
If people can't make their own way in life, they shouldn't expect others to keep them.
Absolutely.
Yes, sir, I'm leaving my entire estate, property and money, to the people who have done the most for me.
The Hartford Medical Foundation.
But, Uncle Martin, what about me? You just answered that question yourself.
If people can't make their own way in life, they shouldn't expect others to keep them.
He's screaming for that chocolate, Nadine.
Nearly ready.
Can I give you a hand? Did you know what the old man was up to? I ain't his nursemaid.
He must be out of his mind.
Here, let me help you with that.
I was very worried about you while I was away.
I would have phoned, but you know Marian.
She might have misunderstood.
[BUZZER SOUNDING LOUDLY.]
Patient, ain't he? [BUZZING CONTINUES.]
Did you see John Locke again? Mighty fine boy.
He's gonna make some girl a wonderful husband.
First time I saw him I said, now there's a real family man.
Smells like you burnt it again as usual.
Leave that alone and stop messing around.
[GROANS.]
You don't even make a good maid.
Young Locke should be grateful to me.
[DOOR OPENS.]
[DOOR CLOSES.]
Oh, Cappy.
- I was going to do that.
- It's all taken care of, honey.
I remember the time when I was sailing from Java to San Francisco and our cook got sick.
Ha.
You never saw so dirty many dishes in all your born-- [BUZZER SOUNDING.]
Uh-oh.
He's acting up again.
Never could understand why she puts up with him.
[MARTIN MOANING.]
[CUP CLATTERS.]
[MOANING.]
[WEAKLY.]
You-- You've poisoned me.
You devil.
[SCREAMS THEN SOBS.]
Ninety-five, 94, ninety-three, 92, ninety-- What is your name? Nadine Marshall.
Do you know who I am? Dr.
Denair.
You're going to make me well.
And you're going to tell me the truth? I have to.
You gave me the truth serum.
You remember the talk we had yesterday? DENAIR: You told me about your home.
You said there was something there that disturbs you.
What was it, Nadine? You know I want to help you.
No one can help me.
[TEARFULLY.]
Why doesn't he leave me alone? Why does he always hurt me? - Who? - Uncle Martin.
He won't let me marry John.
He says if I have children-- No.
No, it isn't true.
You mustn't tell John.
I'll kill myself first.
Who would ever think that those little pills could take a person's life? If I put them in his chocolate, he'd never-- No.
No, Uncle Martin, I didn't mean it.
I was gonna use them on myself.
Uncle Martin.
Uncle Martin.
I killed him! I killed him.
[NADINE SOBBING.]
DENAIR [OVER TAPE RECORDER.]
: What--? What were those pills you put in his chocolate? NADINE: Cyanide.
DENAIR: Where did you get them? You must tell me the truth, Nadine.
Where did you get the poison? NADINE: From John's laboratory.
[RECORDER CLICKS OFF.]
What is this patient's history, Bob? Well, I first saw her three days after the death of her uncle.
She was on the verge of a nervous breakdown.
Her fiancé, a boy named John Locke, called me in.
So I give her medication to try to get at the cause of her anxiety.
How did her uncle's death certificate read? Death from natural causes, coronary thrombosis.
I don't know which way to turn.
I just don't know what to do.
If I were to tell you the law required that you go to the police? Hmm.
I'm a doctor, not a detective.
A psychiatrist's office is like a confessional.
Since you've made up your mind, why come to a lawyer? Suppose I do go to the police and there was no murder? She could sue you.
In other words, I'm hung no matter which way I turn.
Who else has heard this recording? My nurse, Miss Wilson.
She can be trusted.
I hope so.
Perry, what will I do? Well, if it's all right with you, I'll meet you at the hospital in the morning and have a talk with this patient of yours.
Good.
Thanks very much.
NADINE: I've got to get rid of this bottle of cyanide.
I know.
Throw it in the lake.
No one will ever find it there.
Got to weigh it down.
Get one of the shotgun shells Break it open and pour the shot into the bottle.
That will make it sink.
Where's the gun? Got to hurry.
Hurry.
I've got to get out to the lake.
DENAIR: What lake is that? NADINE: Westside Lake.
Oh, I can run down the boat landing now.
[RECORDER CLICKS OFF.]
Nadine, you'll have to talk to us.
Mr.
Mason is here to help you.
What I'm saying.
Why did I say those things? DELLA: Sooner or later it had to come out.
Are you going to the police? No, not yet.
Why did you hate your uncle? I did hate him, I guess.
He was a bully.
And when tried to stopped me from marrying John-- Nadine, how could he stop you? [CRYING.]
He had his way.
Perry Well, Della, what do you think? I feel sorry for her.
She seems like a frightened little girl.
Could be an act.
Then why did she throw the pills in the lake? She could have easily washed them down the sink.
Yet it could have made sense to her if she were on a verge of a nervous breakdown.
What if she didn't throw them in the lake? Oh, Bob.
Tell me, is it possible for someone to lie while under the influence of the truth serum? Anything is possible.
Perry, can you take care of this for me? Yes, I'd better take that.
I wouldn't want someone to run across it.
- Mm-hm.
I'll hear from you? - Yes, you will.
All right.
What next? Well, lunch first, then I'll drop you off at the office.
They just left.
I thought it was my duty, lieutenant.
I just had to tell you.
DELLA: Gertie, if anyone calls-- Oh.
Hello, lieutenant.
Yes, I wanted to see your boss, Della, but I think you'll do.
Oh, well, if you'll wait just a few minutes, I have some things to take care of.
I think we're both trying to take care of the same thing.
- What do you mean? - That tape recorder you're holding.
Well, this-- This is Perry's.
Heh.
Heh-heh.
With the initials R.
D.
? - Uh-- Not without a search warrant.
- Oh.
Well, it just so happens Here.
Ahem.
Anything else? [MUMBLES.]
Yeah.
Hmm.
Mm-hm.
[DOOR OPENS.]
[DOOR CLOSES.]
[INDISTINCT CHATTER.]
Lost something, mister? Hey, would you like to earn a dollar? - On the square? - Mm-hm.
- Me too, mister? - Sure, both of you.
If you find what I'm looking for, there'll be another $5 apiece.
Is it for real? Right.
Somebody threw a small bottle from this landing.
It's landed out there in the middle of the lake, right about those-- Right about the water lily.
It was filled with lead shot.
You know, BB's, and it had some pills in it.
Think you could find it? - Yeah.
- Sure.
Hey, this is a man's job, Suzie.
Stay out of my way.
May I have a hot dog, please? - Put everything on it.
- Coming right up.
- Here you are, sir.
- Thank you.
Hey, I've seen your picture in the paper.
You're Perry Mason, the lawyer, - aren't you? - Uh-huh.
[CASH REGISTER BELL DINGS.]
[AIRCRAFT FLYING OVERHEAD.]
ARTHUR: Hey, mister.
Hey, mister, I've got it.
All right, young man, give it to me.
It's all right, Arthur.
- Analysis, Mr.
Mason? - As fast as you can, Dr.
Korbell.
[CHUCKLES.]
It's always the rush.
Can you give me an idea of what to expect? Try it for cyanide.
Come on, young fellow, I'll take you home.
This time it is a rush, doctor.
Hello, Perry.
I suppose you've heard the news? Della just told me.
Your nurse couldn't wait to call the police.
If you think that's bad, wait till you hear the topper: - Nadine's gone.
- What do you mean, she's gone? Just that.
She has disappeared from the hospital.
- How the devil could that happen? - No idea.
[PHONE BUZZES.]
- Yes? - Imagine her boyfriend - had something to do with it.
- Excuse me.
It's Dr.
Korbell.
He says it's urgent.
Yes, Dr.
Korbell? Was it Lieutenant Tragg? I might have known.
Did he take all the pills? - All right, thanks for calling me.
DENAIR: More trouble? I have a boy dive for that bottle out at the lake.
When we found it, we took it to Korbell for analysis.
Apparently the police weren't far behind.
DELLA: Now they're looking for you? - For withholding material evidence.
Well, might as well save the taxpayers the cost for picking me up.
Shouldn't like to be in your shoes.
Now that you mention it, Bob, they do pinch a little.
Well, Mason, what have you got to say for yourself? I don't know.
What crime am I alleged to have committed? There's nothing alleged about this.
You tampered with material evidence in a murder case.
- How? - You heard the boy.
Arthur, you found that bottle, didn't you? Yes.
Did you turn it over to me when you got out of the lake? Well, no.
You told me to hold onto it.
MASON: Did I take it away from you at any time? No.
And you handed that bottle to Dr.
Korbell yourself, didn't you? - Yes.
MASON: Thank you, Arthur.
That's all, Arthur.
You can go now.
Take him back to his mother.
Now, will you show me how or when I tampered with this so-called material evidence.
Listen, Mason, that bottle contains cyanide.
When did you get the analysis report? MAN: Crime Lab, Sergeant Kramer.
- Tragg, sergeant.
Did you finish the analysis on those pills in the Wellman case? - Yes, sir.
We first tested-- TRAGG: Never mind the details.
- Was it pure cyanide? - No, it was saccharin.
TRAGG: Saccharin? Yes, you know, the stuff folks use as a substitute for sugar.
Oh.
Well, thanks, sergeant.
I am sorry, lieutenant.
I know you'd counted on murder.
Well, how do you explain her confession? Oh Probably overactive imagination.
Well, no use to trouble yourself further.
- I'll see that these get to Dr.
Denair.
- Uh-uh, uh, uh.
- You mean, this? - Mm-hm.
[CHUCKLES.]
You know, I always feel sorry for Tragg.
Even that saccharin hasn't sweetened his disposition.
[KNOCK ON DOOR.]
It's Paul.
Come in.
- No hello? - Hello.
What a fine time to be having a celebration.
Heh.
He hasn't heard about the saccharin.
Oh, yes, I have.
All right, what have you heard? Well, after you talked to Tragg, he sent a couple divers out to Westside Lake.
They found another bottle.
- Another bottle? - The same kind he found earlier.
Only this one was loaded with cyanide.
What else? The cops think you planted the first bottle in order to confuse matters.
The DA's charging you with covering for Nadine.
Well, that's ridiculous.
The guy that runs the hot-dog stand out there swears he saw Perry throw something into the lake.
Paul, you've gotta locate Nadine.
- How do I go about doing it? - Find John Locke.
Put every man you've got on it.
Let me know when you strike pay dirt.
[INAUDIBLE DIALOGUE.]
- Mr.
Locke.
- Yes? Where we can find Nadine Marshall? - Who are you? - My name is Mason.
This is my secretary, Della.
We've got to see Nadine.
What makes you think I'd know where she is? - You're engaged to her.
- I haven't seen her in days.
If you haven't seen her in days, why are you stocking up on groceries? Don't you usually have all your meals out? Look, we don't have time for games.
The police are after you too.
- What for? MASON: For the same reason I am.
They wanna find out if Nadine stole any cyanide from your laboratory.
She didn't.
If you're lying, the district attorney will break you wide open.
It'll make a case of first-degree murder against her.
I'd never testify against Nadine.
I'd go to jail first.
You think that will help? [CAR APPROACHING.]
Too bad you and Nadine aren't married.
You know, a husband can't testify against his wife.
[ENGINE STARTS.]
[TYRES SQUEALING.]
[SIREN WAILING.]
- You think he'll get away? - I don't know.
But that's still doesn't get us any closer to Nadine.
You think I did the wrong thing in telling him? I just hope the Bar Association doesn't get you for practising without a licence.
How do you do? Is Lester Newburn at home? - Who wants him? - My name is Mason.
He'll be back any minute.
And there ain't no charge for waiting.
And if you don't mind the kitchen, it's much more friendly in there.
So you're Mason, the lawyer.
- You must be Captain Hugo.
- Yep.
- How's Nadine? - I haven't seen her lately.
She didn't kill the old man.
- You might as well suspect me.
- I do.
I suspect everyone.
As a matter of fact, where were you when Martin Wellman died? Minding my own business.
Weren't you were surprised when you weren't mentioned in his will? No.
Even after working for him all these years? So he cut me off at the pockets.
He didn't owe me nothing, I didn't owe him nothing.
Captain Hugo, have you seen--? Here's the fellow you've been waiting for.
Mr.
Newburn? I'm Perry Mason.
Could you spare me a few minutes? Why, yes, of course.
- Let's go into the library.
- Captain.
[DOOR CLOSES.]
Mr.
Newburn.
Do you--? Do you think Nadine murdered her uncle? - Nadine is a sweet child.
- That doesn't answer my question.
I don't jump to conclusions quite as rapidly as the police.
You know, Nadine was getting a raw deal from her uncle.
- And that bothered you? - It did.
I'm very fond of her.
What are your feelings about-- - About John Locke? - He's a nice boy.
How far do you think he'd go to protect her? Oh-ho-ho.
Pretty far.
I wouldn't be surprised if he threw that bottle of saccharin in the lake.
How did you know about that other bottle? The police have been keeping it under wraps.
[CHUCKLES.]
I must be psychic.
- An oversimplification.
- Meaning? Meaning I think you're responsible for the second bottle.
You know, I'm very grateful to you, Mr.
Mason.
I don't think I'll ever make that slip again.
The next time, I'll keep my mouth shut.
Why did you plant that bottle? All right, I'll tell you.
I wanted to protect Nadine.
The night that Martin Wellman died, Nadine was hysterical.
- Dr.
Granby gave her a sedative.
- Go on.
The next morning, I saw her fill a bottle with lead shot and throw it into the lake.
So you took the same kind of bottle-- Oh, but this one was filled with saccharin.
And I duplicated her actions.
Why? Well, I figured if the police found out and searched the lake, Nadine had a fifty-fifty chance they might come up with a bottle that didn't make her guilty.
- That was very noble of you.
- I thought so.
Do you realise the district attorney thinks I'm responsible for that manoeuvre? Well, that's too bad.
What do you plan to do about it? [CHUCKLES.]
Not a single solitary thing.
- Suppose I put you on the stand? - It would be waste of time.
I told you, Mr.
Mason, I'll never make that mistake again.
In other words, you'd lie.
In other words, I'd lie.
- Perhaps you'll change your mind.
- Uh-uh.
Well, just in case you do, here's my unlisted number.
You may call me at any time.
Oh, excuse me.
Oh, Marian.
Come in, come in.
Darling, this is Mr.
Perry Mason.
- My wife.
- How do you do? How do you do? I was just leaving.
Are you representing Nadine? I haven't decided yet.
Well, if there's anything we can do to help, please let us know.
Then you don't believe she killed Mr.
Wellman? Well, of course not.
Uncle Martin died of a heart attack.
- The police disagree with you.
- The police are wrong.
You tell Nadine that we all know she's innocent.
I'm sure she'll be very grateful for your vote of confidence.
Good night.
Good night.
[DOOR CLOSES.]
Well, now.
Wasn't that sweet of me? Do you know any other wife who would be that charitable to a little cheat? - What are you talking about? - That demure little child.
Just remember, darling, when you're dreaming about Nadine, that Uncle Martin left all his money to me.
Marian Listen to me.
As far as I'm concerned, Nadine is just a sweet kid.
Oh, that's very funny.
You're the only woman I ever cared for.
Please, Lester, I just can't take any more.
I know I've acted like a heel at times, but in my own way, I've tried to make up for it.
How? I hope you never find out.
[KNOCK ON DOOR.]
- Hi, beautiful.
Where's Perry? - And I thought you came to see me.
I'd like nothing better, but I gotta talk to him.
Well, he's downstairs.
What's wrong, Paul? Everything.
The cops picked up Nadine and John Locke at the state line.
Then they didn't have a chance to get married.
Uh-uh.
That Burger must be licking his chops.
- Where's Nadine now? - At Logan City Jail.
Come on, let's go see Perry.
Just tell me the truth, Nadine.
- I have.
- No, you haven't.
Now, how did your uncle prevent your marriage to John Locke? Nadine, I can't fight both you and the district attorney.
When told Uncle Martin I was gonna marry John, he showed me some papers.
What kind of papers? - A committal order.
- For whom? My father.
Committing him to an institution for the criminally insane.
He died there.
Do you still want to defend me, Mr.
Mason? Now listen to me, young lady.
The best medical advice tells us criminal characteristics cannot be inherited.
John said that too.
He knows the story? Oh, I had to tell him when he insisted we run off and get married.
But you still believe you could have inherited that bad seed.
You still believe you could have killed your uncle.
I don't know what to believe.
Ladies and gentlemen of the jury, the State will prove beyond a reasonable doubt that the defendant, Nadine Marshall, wilfully and feloniously murdered her uncle, Martin Wellman.
BURGER: Mr.
Locke, as sole proprietor of the Locke Laboratories, how many people do you employ? Just myself.
It's a one-man outfit.
I show you here a bill from the Crane Chemical Company dated June 9th, that's two days before the murder of Martin Wellman.
You'll notice there's an item circled there.
It says, "One hundred five-grain tablets pK3.
" - Just exactly what is pK3? - Potassium cyanide.
- The deadly poison? - Yes.
On the day Martin Wellman died, did the defendant visit you at your laboratory? - She did.
- And at any time after she left, did you notice a shortage in your supply of potassium cyanide? I don't remember.
That's surprising.
When you brought your records down to my office, we found 16 tablets you couldn't account for.
I said they could have been used in various tests.
Yes, but you also said that your company was a one-man outfit.
If anyone made tests with potassium cyanide, you must have done them.
I must have.
And although they involve the use of a lethal poison, you can't remember making these tests.
I can't remember.
Isn't that strange? You can't remember making them, you have no records of them.
And yet you habitually keep the most accurate account of every experiment you run.
Your witness, Mr.
Mason.
MASON: No questions.
JUDGE: You may step down.
Dr.
Granby, were you summoned to the Wellman residence on the evening of June 11th? I was.
Would you tell this court what you saw there, please? I saw the body of Martin Wellman lying on his bed and fragments of a broken cup scattered on the floor, and what appeared to be a chocolate drink spilled on his nightshirt and on the floor, and I also observed a cherry redness of skin.
And were you also present later when an autopsy was performed on the late Martin Wellman - after his body had been exhumed? - I was.
As a result of that autopsy as well as for other reasons, did you arrive at a conclusion as to the cause of death? Yes.
In my opinion, Martin Wellman had been poisoned by cyanide potassium.
Thank you, doctor.
Your witness.
When you first saw Martin Wellman's body, Dr.
Granby, on the night of his death, did you at that time note all the symptoms you've just described for this court? Yes.
Would you state what you certified as the cause of death? Coronary thrombosis.
And after the autopsy, did you change your mind? Yes.
Isn't it true that embalming destroys all trace of cyanide in the body? Yes.
Consequently, after the autopsy, you found no traces of potassium cyanide whatsoever.
No, but there was also no sign of a coronary thrombosis.
There was no other apparent reason for Mr.
Wellman's death.
Dr, Granby, would you say that all unexplained deaths were due to cyanide poisoning? Of course not.
Then why the exception in the death of Martin Wellman? Well, um, there was other evidence to support my opinion.
Such as? The apparent cherry redness of the skin at the time of his death.
Were there any other factors? Well, there was Nadine's confession.
Then you arrived that your recent expert medical conclusions on the basis of the defendant's alleged confession.
In a way, yes.
In other words, just hearsay evidence.
That's all, doctor.
You may step down.
BURGER: Just a moment, doctor.
Can you explain to this court, sir, why your first diagnosis gave coronary thrombosis as the cause for Martin Wellman's death? I made an honest mistake, Mr.
Burger.
The patient did have a history of coronary disease.
Unfortunately, at the time of his death, I made an unwarranted assumption.
I regret to say that is not unusual.
I think you deserve a great deal of credit for admitting your mistake in public.
There are very few men big enough to do that.
Thank you again, doctor.
If the court please, the defence moves for a dismissal on the grounds that the prosecution cannot prove that the deceased died by a criminal agency, namely cyanide poisoning.
Your Honour, we have other expert witnesses to support the People's case, in addition to which, we have a recorded confession of the defendant, to be entered in evidence.
I hold that this confession is a confidential communication between doctor and patient and cannot be introduced.
Your motion for a dismissal is premature, Mr.
Mason.
As to the tape recording we are now coming to the crux of the legal situation which the court understood would arise.
I think that argument should take place outside the presence of the jury.
That is correct, Your Honour.
Very well.
The jury will be excused while the court considers this objection.
You will not discuss this case or permit it to be discussed in your presence.
Nor will you form or express any opinion as to the guilt or innocence of the defendant until the matter is finally submitted to you.
The jury will please rise.
Your Honour, we have established at least the presumption that death was caused by potassium cyanide.
This tape recording contains a statement by the defendant to the effect that she poisoned Martin Wellman.
The defence again submits that that recording is a confidential communication and, going further, that it was made under the influence of drugs.
If it please the court, it's generally conceded, that a confession is admissible no matter how was obtained as long as enough physical evidence is introduced to establish the authenticity of that confession.
The court will permit the district attorney to present his corroboration.
Thank you, Your Honour.
As previously introduced, People's Exhibit A is an empty shotgun shell which formerly contained Number 5 lead shot.
People's Exhibit B is a bottle containing potassium cyanide and lead shot from that shotgun shell.
And People's Exhibit C is an identical bottle, containing saccharin and lead shot from a similar shotgun shell.
In what way is Exhibit C pertinent to this case? I think the defence counsel can answer that question.
If the court please, I can account for Exhibit C, and since the question has been raised that I planted that exhibit for purposes of confusion, I should like to call a witness to refute the insinuation.
The court shall grant Mr.
Mason's request.
Thank you, Your Honour.
I call Lester Newburn.
Mr.
Newburn, your wife was related to the late Martin Wellman? That is correct.
You were friendly with Nadine Marshall? I sympathised with her.
And after you learned that she had thrown a bottle containing cyanide tablets into Westside Lake, did you try to help her? Well, how could I? By taking a similar bottle, only this one filled with saccharin, and tossing it into the same lake.
It would have popped right back up to the surface.
Oh.
Not if you first filled it with lead shot, in the same way Miss Marshall is alleged to have done.
- That's ridiculous.
- Perhaps.
But right in your own home you made a statement to me that you duplicated Miss Marshall's actions with the second bottle.
- Did you not? - I did not.
And I say you did.
If Your Honour please, may I take the stand? Counsellor, do you wish to impeach your own witness? - Yes, I do.
- On your own testimony? BURGER: Your Honour, while it's distasteful of me to mention this, it does seem that if Mr.
Mason intended to clear himself of the prosecution's charge that he is responsible for People's Exhibit C, he has so far failed to do so.
Well, Mr.
Mason? Mr.
Mason.
My apologies to the court.
If the district attorney still wishes to introduce the tape-recorded confession into evidence, I shall withdraw my objection.
JUDGE: Mr.
Mason, you can't waive the rights of the defendant.
Earlier, you were quite definite in your objection to Mr.
Burger presenting the recorded confession.
If I had upheld your objection, the case against your client would have been dismissed.
A dismissal, Your Honour, which would have stamped my client as a murderess, escaping justice on a technicality.
Realising this, I now withdraw my objection.
The prosecution accepts.
One moment.
Will the defendant rise? Miss Marshall, you have heard what was said by your counsel? Yes, Your Honour.
Do you understand what this means to your case? I do, Your Honour.
Do you wish the court to appoint other counsel to represent you? No.
Whatever Mr.
Mason does is all right.
So be it.
Recall the jury.
And so if the court will permit, I can prove here and now that the defendant did not and could not have thrown the bottle containing cyanide into Westside Lake.
Have you any objection, Mr.
Burger? If Mr.
Mason can prove any such thing, I'd be the last one to make an objection.
JUDGE: I shall grant your request, Mr.
Mason.
Thank you.
Now, this is Exhibit A.
An empty shotgun shell.
At one time it contained lead shot, Size Number 5 lead shot.
This is Exhibit C, the bottle which contains the saccharin.
it also contains Size Number 5 lead shot.
Exhibit B, the bottle which contains the cyanide, also contains lead shot, not Number 5, but considerably larger.
- May I, Your Honour? - Surely.
Anyone comparing the shot from these two bottles can easily notice the difference in the size of the shot.
Well, now let me see if I understand you, Mr.
Mason.
It is your contention that the lead shot in this bottle of saccharin, Exhibit C, came from that empty shotgun shell.
That's right, Your Honour.
While the other shot, the shot from the bottle of cyanide, did not come from that shotgun shell.
I object, Your Honour.
Since when is the defence counsel considered a ballistics expert? I'll accept that, Mr.
Burger.
Let's call a ballistics expert.
Your Honour, may I request a short recess? The court will take a brief recess.
[INAUDIBLE DIALOGUE.]
Now, Sergeant Davis, as ballistics expert, you've made a complete examination of the lead shot in question? - I have.
- What are your findings? Well, the lead shot in Exhibit C, containing saccharin, is Number 5 lead shot from the empty shell case of Exhibit A.
And the lead shot in Exhibit B, the one with the cyanide? The lead shot in the cyanide bottle apparently did not come from any shotgun shell.
There's a coating on this shot.
It seems to be ink.
Thank you, sergeant.
That's all.
That's all, Sergeant Davis, you may step down.
And the court has undoubtedly seen an old-fashioned penholder like this before.
It holds lead shot.
Shot used to clean the excess ink from the steel-point pen when not in use.
Now, the lead shot found in that bottle of cyanide was obtained from this penholder, a penholder taken this very afternoon from the home of Lester Newburn.
The defence submits that Lester Newburn filled that bottle of cyanide with lead shot from this penholder.
And we ask to have a ink comparison made of the lead shot found in that bottle.
The court will so order.
Thank you, Your Honour.
I should like to call Lester Newburn back to the stand.
Recall Lester Newburn.
MASON: So you did get the lead shot from the library inkstand.
Yes.
And you placed it in a bottle containing cyanide.
Yes, I did.
What did you then do with that bottle? I threw it in Westside Lake.
Yet you told me you'd thrown a bottle containing saccharin into the lake.
Why? What was your real reason for making that statement? I wanted to protect my wife.
That's a lie.
[AUDIENCE CHATTERING.]
[GAVEL BANGING.]
JUDGE: Silence in the court.
What was your reason for protecting your wife? I knew she killed Uncle Martin.
Captain Hugo told me he saw her put the cyanide pills in the chocolate.
He's lying.
I didn't kill Uncle Martin.
He's just saying that to protect that woman.
[GAVEL BANGING.]
JUDGE: Silence in the court.
Bailiff, I order this man into custody for deliberate perjury.
I also suggest that the police immediately arrest Mrs.
Newburn on suspicion of murder.
But I didn't do it.
I didn't do it.
You sure raised a ruckus in that courtroom today.
I'd liked to have seen Marian's face when they arrested her for killing the old man.
She didn't do it.
You know who did? You.
I like a feller who don't beat around the bush.
But how did you find out I knew about the poison? John Locke.
I've just seen him.
He said he phoned you when he found it was missing from his laboratory.
That's right.
I took it out of her purse.
Captain Hugo, I don't understand.
You love Nadine more than anything in the world.
You even killed to protect her.
Why didn't you come forward when she was arrested? I reckon I had more faith in her lawyer than you did.
MASON: You know I'm gonna have to call the police.
- I can't stop you.
- I'm sorry, Captain Hugo.
You don't owe me nothing and I don't owe you nothing.
The way I look at it, I'll still come out ahead.