Perry Mason (1957) s01e26 Episode Script
The Case of the Half-Wakened Wife
Pretty well done on that side, Mrs.
Shelby.
- How about a drink of water? - I'd love it.
One water coming up.
You know, you're the handiest handyman I ever knew.
- Here you go.
- Thank you.
Frank.
I wanna make one point clear.
Your duties around here do not include the entertainment of Mrs.
Shelby.
I know what my duties include, Mr.
Shelby.
Then keep the limitations in mind.
[KNOCKING ON DOOR.]
All right.
All right.
I'm coming.
I'm coming.
- Okay.
- Where's Scott Shelby? Now, just a second.
Take it easy, little man.
Where is he? - You must be Mr.
Parker.
- Who are you? Art Williams.
I'm Mr.
Shelby's accountant.
Well, Shelby promised to send me a cheque for $8,500 by 11:00 this morning.
It isn't Mr.
Shelby's fault, Mr.
Parker.
I didn't finish the job yet.
I'm supposed to make out the cheques and take them out for signature this afternoon.
All right, Williams.
But you tell Shelby if he doesn't have a cheque in my hands by 6:00 tonight, I'm gonna see him in person.
And I won't be interested in just the money anymore.
[FRANK CLEARS THROAT.]
Oh, yes, Frank? All set to transplant these bushes, Mrs.
Shelby.
Just show me where you want them.
All right.
- Frank.
- Yes? Would you mind telling me something? Sure.
Why do you stay here? I'm sure you could get a much better job.
This place is fine.
Gets me a roof over my head, three meals a day.
And it gives me a little time off to keep up with my writing.
Oh? Oh, don't get me wrong, I'm no Ernest Hemingway.
I'll probably never write the great American novel, or much of anything else.
Still, I'd like to read some of your work.
Well, you're dignifying it, Mrs.
Shelby.
All I have at the moment are a couple of notebooks full of my impressions on people and things.
Well, what's your impression of me? I wish I had the right to tell you that, Mrs.
Shelby.
This where you want it? Well.
Did you have a nice afternoon with the help? I don't know which would please you more, if I denied it or admitted there was something between us.
[PHONE RINGING.]
Well, answer it.
Hello.
Oh, hello, Ellen.
I'll talk to her.
Where have you been? We've been expecting you since 5:00.
Well, I'm sorry, Scott.
Arthur and I won't be able to make it.
Oh.
I'm sorry.
I was looking forward to it.
Well, I'm very sorry, Scott.
Tell Marion we'll make it another time.
Yes.
All right, Ellen.
I'll call you tomorrow.
There are several things I wanna talk about.
Yes, I will.
Goodbye.
She's not coming? Disappointed? - Frankly, no.
- I can understand that.
Now I'll be free to keep tabs on the situation, so you and your handyman will have to behave yourselves now.
Thus, where our record shows that the date of the crime as proved was subsequent to the indictment, judgement must be reversed.
Corpus Juris Secundum, volume 24, section 1710.
No, section 1730.
- That it? - That's it.
I'll type this up right away.
You'll do nothing of the kind.
Do you know what time it is? There's nothing wrong with your watch.
It is late.
Now get your coat and I'll take you home.
[KNOCKING ON DOOR.]
MASON: Yes? Sorry to bust in on you like this, but there was no one out front.
That's all right.
You Perry Mason? MASON: Yes.
Well, what do you know? Why, I know you have a telegram for me.
Huh? I say, I know you have a telegram for me.
Oh, yes.
Of course.
You'll have to sign for it.
I'll sign for it.
Nice to meet you, Mr.
Mason.
Wait till I tell the fellows about this.
Here you are.
Thanks.
Thank you.
Thank you, ma'am.
Perry Mason.
Bad news? "Need help desperately, expect to be arrested any moment.
Please contact me in care of Shelby, Glidden Cove on Pinewood Lake.
" Signed Frank Lawton.
Lawton? Oh, I remember.
He was a lieutenant in your company during the war.
Isn't he the one that wanted to be the writer? That's the one.
Remember I told you what happened to him on D-day? Sounds like he's still in trouble.
Della, "Trouble" is Frank Lawton's middle name.
He was shot twice during the service.
The week he came home, his wife was killed in an accident.
Looks like the jinx is still operating.
Are we going to Pinewood Lake? Not we.
Me.
Wanna bet? [PHONE RINGING.]
FRANK: Hello.
- Hello.
- Frank.
Frank.
What do you want? This is Mr.
Shelby.
I'm down at the dock.
Bring my shotgun.
Hurry.
Hurry.
Mr.
Shelby? [SPLASHES.]
[CLICKING.]
Mr.
Shelby.
SCOTT: No.
Don't! No! [GUNSHOT.]
Mr.
Shelby.
Mr.
Shelby.
Mr.
Shelb-- Mr.
Shelby.
Mr.
Shelby.
Mr.
Shelby.
MARION: Frank! - Mr.
Shelby.
What's the matter? - What happened? - I don't know.
I heard a shot.
Frank, where's my husband? Where's Scott? [SOBBING.]
MAN: All right.
We'll take over here.
Did you find him? Did you find my husband? Not yet, ma'am.
My men have searched most of Glidden Cove, but so far there's no trace.
I can't understand it.
I just can't understand it.
I think I'm beginning to, Mrs.
Shelby.
Mr.
Lawton, how long did it take you to get down to the dock? I don't know.
A couple of minutes, I guess.
Maybe less.
I'm not sure.
Huh.
Mr.
Lawton, you said that Mr.
Shelby called you from the dock.
That's right.
Well, if he used this phone, it was a pretty neat trick.
All right, Tanner, stick with it.
The divers are coming out to help.
MAN 1: Looking for someone? Why, yes.
Where can I find Frank Lawton? - Is he expecting you? - Yes.
Go on in.
Ask for Sergeant Dix.
- Go ahead.
MAN 2: Nothing in this area.
Well, move out of the cove and start searching the lake.
Yes, sir.
What's all the excitement for? We're looking for Mr.
Shelby's body.
Now, is there another shotgun in the house? No.
This one's been fired recently.
Very recently.
Who used it? I didn't.
Okay.
You wait here.
Mr.
Mason, I'm Detective Sergeant Dix, Sheriff's Criminal Detail.
How do you do? This is my secretary, Miss Street.
- How do you do? - How do you do? I understand that you were sent for by Frank Lawton.
Let's say I received a telegram signed Frank Lawton.
This wire was filed at 8:30 p.
m.
last night.
Looks like Frank was anticipating trouble.
That statement has implications, sergeant.
It was intended to.
We have reason to believe that Frank Lawton's employer, Scott Shelby, was murdered early this morning.
Now, he didn't like Shelby.
But I have the feeling that Frank is just a little stuck on Mrs.
Shelby.
I see.
Do you mind if I talk with Frank? Sure.
Come in here.
FRANK: Perry.
What are you doing here? I got a telegram signed with your name.
FRANK: What? - Yeah.
Here it is.
FRANK: I didn't send this.
Well, we'll see about that.
I'll get the original.
Look, what's going on around here? What am I being accused of? - I'd like to know-- - Take it easy, boy.
Sheriff, if you'll excuse me, I'd like to lie down.
DIX: Of course, Mrs.
Shelby.
I'll be outside.
Don't take too long.
FRANK: And every so often when Shelby had a little trouble sleeping, he'd go down to the dock and take a boat ride.
Claimed it relaxed him.
MASON: And you knew about these nocturnal excursions? - I knew about them.
- This Ellen Waring you mentioned.
You feel there was something between her and Scott Shelby? It was supposed to be business.
But you don't think so.
What did Mrs.
Shelby think? I never asked her, Perry.
But you said that every time Ellen Waring came here, she was accompanied by their accountant, Art Williams.
No, not every time.
And even Williams himself came out two or three times alone.
To take some pictures.
He's quite a camera bug.
How did Williams and Shelby get along? FRANK: How did Shelby and anyone get along? You know anyone else who had trouble with Shelby? Perry, everybody had trouble with Shelby.
Oh, I know, he puts up a big show here.
But this place is in mortgage to the hilt.
He gets prospective clients out here, they look around a little bit, they listen to him, and then they give him all their money and that's the last they ever see of it.
He even owes me two months' pay.
Then why did you stay? The job wasn't very tough.
Gave me a chance to write.
I want a straight answer, Frank.
Are you in love with Marion Shelby? Why, I imagine I could be.
Very easily with a little encouragement.
There never was any.
[KNOCKING ON DOOR.]
- Mason, are you about finished? MASON: For the moment.
Why? Will you come with me, please? MASON: Is he under arrest? - Not yet.
But I hope you'll advise him to cooperate.
Or you'll place him under arrest.
- That's about the size of it.
- Where's his motive? - You recognise this? - You had no right to-- Now, you take it easy, mister.
Your friend here's quite a writer.
I'd like to read you some of his stuff.
August 10th.
That was just two days ago.
"Sometimes I think I'll never understand women.
There's no logical reason for Marion to put up with him.
She's lovely and generous, qualities that to him are laughable.
I realise how many decent men are killed.
I wonder why a man like Shelby should be permitted to live.
" That wasn't meant to be read by anyone.
DIX: I know.
Does that answer your question about motive, Mr.
Mason? PAUL: I may be thick, Perry, but I just don't get it.
Paul, I simply don't believe Frank Lawton murdered Scott Shelby.
You can say that because Frank Lawton's your friend.
Yes.
I also say it because I don't think Shelby is dead.
Well, it's all too pat.
Shelby flimflammed everyone he did business with.
He's being hounded by creditors, yet he has plenty of money.
You don't think he staged this whole bit to cover his disappearance? Perry, I don't buy it.
Look, you know for a fact he was on the dock, and all his boats are still there.
He'd have to be a channel swimmer to make it across that cove.
He could have had a confederate waiting in a boat nearby.
Well, let's assume for a moment you're right.
Any idea who this confederate might be? Well, Shelby was in business with a woman named Ellen Waring.
Only his connection with her seems to have been more than just business.
That doesn't mean much.
Ellen Waring was supposed to be a guest of the Shelbys last weekend.
She waited until the last possible moment to cancel out.
Why? You got me.
I think she was waiting in a boat for Shelby when he jumped off the dock.
You think that Mr.
Shelby is presently residing in Miss Waring's closet? It's a possibility.
Perry, you're out of your ever-loving mind.
That's also a possibility.
Come on, let's go.
Ellen Waring lives in apartment 3E.
- Alone? - Yeah.
Let's find her garage.
Why the garage? Assuming Miss Waring was the confederate in the boat, and assuming she brought Shelby here, she'd have had to use her own car.
If we're lucky, we might find something to prove that.
All I can say is you're doing an awful lot of assuming.
Paul.
The car seat.
It's soaking wet.
You know, you could be right.
Let's take a look around.
It hasn't rained lately.
No, it hasn't.
Soaked.
While Perry was phoning you, sergeant, I saw a man raise the window in her apartment.
How do you know it was Miss Waring's apartment? It was the corner one on this floor.
You know, this could be a lot better, Mason.
I could have thought of it.
Yes? - Miss Ellen Waring? - Yes.
I'm a police officer.
I'd like to ask you a few questions, please.
About what? I'd rather not discuss it out here in the hall.
May we come in? If it's about Scott Shelby, I don't know anything.
You'd better let me be the judge of that.
Miss Waring, I'm Detective Sergeant Dix of the sheriff's office at Pinewood.
This is Mr.
Perry Mason.
Mr.
Paul Drake.
I heard the news on the radio just about 20 minutes ago.
What happened, sergeant? The report wasn't very clear.
Mr.
Shelby jumped, fell, or was thrown off the dock.
They said something about his being shot.
DIX: We don't know.
Miss Waring, I'll come right to the point.
Who else besides you spent the night in this apartment last night? What do you mean? - Who's in the bedroom? ELLEN: That's none of your business.
Miss Waring, my client, Frank Lawton, is being held on suspicion of murder.
Scott Shelby disappeared under mysterious circumstances last night.
- Now, we have information that your-- - Let me get this straight.
You think Scott Shelby's in there.
Is that what you think? My mother.
She came in from San Diego last night.
There was a man seen in your window this morning, not more than two hours ago.
Who was he? A friend.
Arthur Williams.
Where is Mr.
Williams now? Down the hall.
He has apartment 3A on this floor.
He came in around 7:30 and we had some coffee together.
[DOORBELL BUZZES.]
That's probably Arthur now.
Come in, dear.
These gentlemen came to ask me some questions about Scott Shelby.
Something's happened to him.
What? I don't know exactly.
Miss Waring, when did you use your car last? Yesterday afternoon.
DIX: How did the seat get wet? There's a blanket and a pair of men's shoes in the garage, both soaked.
You were in my garage? DIX: Yes, ma'am.
- You've got your nerve.
How did they get wet? Well, Arthur and I are going for our marriage licence today.
Isn't that right, darling? Yes.
Yesterday, we decided to have a picnic to celebrate.
Where did you go on this picnic? - Well, we-- - To an estate in Oakcliff.
I'm trying to sell for the owner, Mr.
Kleiner.
There are some shade trees and a small lake and a barbecue area for picnics.
Art tried some fishing.
He slipped on the bank and that's how he got wet.
Now, is there anything else you'd like to know? May I use your phone, Miss Waring? Of course.
Pinewood 6-5098, collect.
This is Sergeant Dix.
I'm sorry, Miss Waring.
Oh, I suppose I can't blame you, Mr.
Mason.
But this really has been an awful imposition.
It occurs to me that you came here with the intention of accusing me of murder.
No.
Not murder.
DIX: Oh, hello, Ted.
Oh, when? There was nothing on it? Yeah, that figures.
Yeah.
Yeah, I'll get there as soon as I can.
Yeah.
Well, they found Shelby's body.
Oh, no.
When? About 20 minutes ago.
They fished it out of the lake.
About a mile from the dock.
A good part of his head had been blasted away by a shotgun charge.
Do you have any more theories, Mr.
Mason? Well, this looks like the place she described.
- Easy.
- Thanks.
Well, I can see how he might've slipped and gotten wet.
Yep, everything matches.
MAN: And the state will prove beyond any reasonable doubt that the defendant, Frank Lawton, did wilfully murder Scott Shelby on the night of August 12th.
We will prove that the motive was his desire for his employer's wife, Marion Shelby.
We will show you a notebook kept by the defendant, in which he recorded his hatred for the deceased and his desire to do Mr.
Shelby great bodily harm.
Now I call as my first witness, Detective Sergeant Phillip Dix.
Where did you find that notebook, sergeant? In Mr.
Lawton's room.
BLACK: And did he identify the exhibit - as his own personal property? - Yes, sir.
BLACK: Thank you very much, sir.
Now getting back for a moment to this shotgun, Exhibit 2.
- Did you examine this weapon? - I did.
And what did you discover from your examination? Since it belonged to the deceased, Scott Shelby, - naturally his fingerprints were on it.
- Naturally.
Were there any other fingerprints? Outside of mine and the deputy's, only the prints belonging to the defendant, - Frank Lawton.
BLACK: What about the shells? Were Mr.
Shelby's fingerprints on them? No, sir.
One barrel was still loaded.
The other barrel contained an empty shell.
- It had been fired recently, probably-- MASON: Objection.
If the district attorney wishes to have this witness during his testimony give an opinion as to whether that shotgun had been fired recently before his examination of it, I think the witness should first qualify himself as an expert on firearms.
In the meantime, the sergeant should tell us only what he saw and what he heard.
JUDGE: Objection sustained.
Proceed, Mr.
Black.
I have no further questions.
You may cross-examine.
Thank you.
May I? Now, sergeant, you just testified that the dead man's fingerprints - were not on those shells.
- Yes, sir.
Were the defendant's fingerprints on those shells? - No, sir.
- In other words, there were no fingerprints at all on the shells, is that right? Yes, sir.
And you maintain that this is the weapon used to kill Scott Shelby.
- Is that right? - I do.
Can you swear that it is? Your Honour.
Mr.
Mason is hoist by his own petard.
He's just had a ruling from the court that Mr.
Dix is not qualified to give an expert opinion.
I'm not asking for an expert opinion, Your Honour, I'm asking only that the witness give a yes or no answer as to whether he can swear that this gun killed Scott Shelby.
I will allow the question.
Well, sergeant? I cannot swear that it is.
MASON: Then there might have been some other shotgun.
Yes, sir.
No further questions.
You may step down, sergeant.
Now, Mrs.
Shelby, did the defendant, Frank Lawton, ever tell you how he felt about you? His conduct was always beyond reproach, Mr.
Black.
At all times? At all times.
I would like to read an excerpt from the defendant's notebook.
This is dated August 1 st.
I quote: "Perhaps if I had something to offer, I could go to Marion and ask her to marry me.
But this is just more wishful thinking.
As long as her husband is alive, I wouldn't stand a chance.
" Do you mean to say that Frank Lawton never told you that he loved you? I object, Your Honour.
Counsel is cross-examining his own witness.
Sustained.
All right, Mrs.
Shelby, would you kindly tell the court exactly what occurred on the night of August 12th after you were asleep.
Well, I don't know if I was exactly asleep.
I think you might say I was half-awake.
Did you hear anything? Yes, I overheard loud voices from outside the house.
BLACK: Were you able to distinguish what either of the voices said? No, sir.
Well, were your husband and Mr.
Lawton in an argument? I object to that, Your Honour.
Counsel is trying to lead the witness.
She has already testified that she could not hear what was being said.
Sustained.
All right, Mrs.
Shelby, after you were awakened by the loud voices, what did you do? As I put on my robe and slippers, I heard a loud gunshot.
I ran out of the house and down to the dock.
When you arrived at the dock, what did you see and what did you hear? I saw Frank Lawton leaning over the water and calling: "Mr.
Shelby, Mr.
Shelby.
" And what did he have in his hand? A shotgun.
BLACK: Thank you, Mrs.
Shelby.
You may cross-examine.
MASON: Mrs.
Shelby.
Mrs.
Shelby, would you describe yours as a happy marriage? Basically there was very little affection between my husband and myself.
Not at any time? If there was, my husband's flagrant affair with Ellen Waring killed any trace of it.
I see.
Just one more question, Mrs.
Shelby.
Did the defendant, Frank Lawton, ever make improper advances toward you? Never.
Thank you.
That is all.
JUDGE: You may step down.
MARION: Thank you.
Now, Mrs.
Williams, were your dealings with Mr.
Shelby ever based on anything other than a business relationship? Absolutely not.
As a matter of fact, while you were Mr.
Shelby's partner, you were in love with another man.
- Isn't that so? - Yes.
A man to whom you are now married, Mr.
Arthur Williams.
ELLEN: Yes.
BLACK: Thank you, Mrs.
Williams.
You may cross-examine.
Would you care for some water? Thank you.
Mrs.
Williams, you and your husband applied for a marriage licence the morning after the death of Scott Shelby.
Is that true? We were planning it for some time.
The evening before, you were supposed to be a guest - at the Shelby home? - Yes.
You didn't go.
Why not? Well, my mother arrived from San Diego unexpectedly.
MASON: What did you do that afternoon? ELLEN: We went on a picnic.
And where did that picnic take place? At the Kleiner estate in Oakcliff.
Mrs.
Williams, I suggest that you were not on any picnic that afternoon.
And I suggest that you were some other place entirely.
That's not true.
Your Honour, I object.
These questions are wholly immaterial to the issues here.
Your Honour, I have a right to attack the credibility of this witness.
That's perfectly proper cross-examination, Mr.
Black.
- Proceed, Mr.
Mason.
MASON: Thank you.
Now, Mrs.
Williams, what time was this supposed picnic? What time did you get there and what time did you leave? Well, we arrived around 2:00 in the afternoon and left around 5:30.
That was the afternoon of August 12th.
The same day Scott Shelby was murdered.
- Yes.
- Can you establish the fact that you were at the Kleiner estate between 2:00 and 5:30 on the afternoon of August 12th? I most certainly can.
My husband is an amateur photographer and he has some photographs that were taken there that same day.
Arthur, will you show Mr.
Mason the pictures you took? Your Honour, I would like to put Mr.
Williams on the stand to identify these photographs and introduce them into evidence.
Do you have any objection to interrupting your cross-examination - at this time, Mr.
Mason? - None at all, Your Honour.
But it's getting close to lunchtime.
May I suggest a recess before Mr.
Williams goes on? - Any objection, Mr.
Black? - Not at all, Your Honour.
If Mr.
Mason needs time to catch his breath, I'd be very happy to give it to him.
This court is adjourned till 2 p.
m.
Don't worry, Frank.
It looks like you were kind of hoist by your own petard again.
Could be.
Paul, you're a pretty good photographer, aren't you? Come on, Della.
Mr.
Williams, what is your profession? I'm an accountant.
And did you do an audit of the Scott Shelby firm? That is, Shelby and Waring? ART: I did.
BLACK: Is that where you met Ellen Waring, whom you later married? ART: Yes, sir.
Now, on the day before you announced your marriage, did you and Miss Waring picnic on the Kleiner estate? Yes, sir.
Are these the photographs that you made at that time? Yes.
Can you prove that these were made on the afternoon of August 12th? Yes, I can.
As you can see by this receipt, I took the film to the Brighton Camera Shop to be developed promptly at 10:00 the following morning.
BLACK: Why do you say promptly at 10? It was the first opportunity I had.
When we got back from the picnic it was after 6:00 and the camera shop was closed.
They didn't open again until 10 the next morning.
I'd like to have this receipt and these photographs entered in evidence.
You may cross-examine.
Now, Mr.
Williams, about your audit of Mr.
Shelby's firm-- I object, Your Honour.
I put Mr.
Williams on the stand to introduce those photographs.
That may have been the district attorney's purpose, Your Honour.
Nevertheless, when he asked Mr.
Williams about his profession, he opened the door.
I should be permitted to pursue this on cross-examination.
Overruled.
The witness will answer the question.
Yes, I did an audit for Shelby and Miss Waring.
Did the books balance? Well, I don't know exactly what you mean.
I mean, was Mr.
Shelby's personal account exactly as it should be? - No, there was a slight discrepancy.
- Oh, how much? A hundred and twenty thousand dollars.
Well, I'm glad you're so affluent, Mr.
Williams, that you can dismiss $120,000 as a slight discrepancy.
[CROWD LAUGHING.]
Now, Mr.
Williams, I have here a Photostat of Scott Shelby's personal bank account.
Would you be good enough to read the amount of the last withdrawal? ART: "One hundred twenty-one thousand, seven hundred fourteen dollars.
" Mr.
Black, you'll note the withdrawal was made in cash.
Now, would you tell us the date of that withdrawal? August 11th.
Or the day before Mr.
Shelby was murdered.
Really, Your Honour, this whole line of questioning is irrelevant.
It is not germane to the murder of Scott Shelby.
And I maintain it is, sir.
I maintain that it supplies the motive for the crime.
Scott Shelby had on his person over $120,000 Now, where is that money now? - Have you any idea? - Yes, Your Honour, I have.
You may proceed.
Thank you.
MASON: Now, Mr.
Williams, your wife testified that you were an amateur photographer.
ART: That's right.
Isn't it true that most amateur photographers prefer to develop and print their own pictures? I generally do.
But on the morning of August 13th, you went to a photo shop to have your film processed.
I wanted the pictures in a hurry.
I didn't know when I could find time to develop the roll.
Yeah, that sounds reasonable.
Now, this is a receipt for your film.
It's marked 10 a.
m.
, August 13th, and it is initialled "J.
B.
" Who's "J.
B.
"? The proprietor of the Brighton Camera Shop.
Now, was it his idea to sign this receipt in this way or did you request it? Well, I don't remember.
Let me show you another receipt from the Brighton Camera Shop, Mr.
Williams.
This is for a roll of film taken to their store by my secretary a little more than an hour ago.
Do you see any notation of time on that receipt? No.
Then apparently marking their receipts with the exact time is not one of their standard operating procedures.
I guess I asked the owner to do it.
Why? Well, I'm an accountant by profession.
I like to have all my records properly detailed.
I see.
What time of the day did you make these photographs, Mr.
Williams? I don't remember exactly.
It was between 2 and 5:30 in the afternoon.
Mr.
Williams, would you examine these photographs, any one of them? Now, there's the barbecue in that one.
Yes.
Does it show a shadow? Yes.
If the court will excuse me for a moment.
Mr.
Williams, in what direction is the shadow of the barbecue pointing? West.
But that would indicate that the sun is in the east, wouldn't it? It would have to be to cast that shadow.
I guess so.
And if the sun is in the east, it follows it is morning.
Isn't it true? I guess so.
Your Honour, I should like to introduce into evidence this photograph taken at the lake on the Kleiner estate at exactly 1:55.
I should further like to direct the attention of the court to the fact that the afternoon shadow cast by the barbecue is pointing directly east, while the shadow in the photograph taken by Mr.
Williams is pointing west.
JUDGE: Mark it exhibit number eight.
Now, I'm going to ask you once again, Mr.
Williams: What time of the day did you take those photographs? I'm not sure.
You're not sure because you were at the Kleiner estate for your picnic not on the afternoon you stated, but on the following morning before 10:00.
You took those photographs on the morning of August 13th, then you rushed to the Brighton Camera Shop to have them developed.
Well, isn't that so, Mr.
Williams? - Yes.
- Louder.
- Yes.
- Why? What were you doing on the afternoon of the murder that you felt it essential to have an alibi? ART: Well, we were-- MASON: We're waiting, Mr.
Williams.
- Well, I met with Scott Shelby that afternoon.
He wanted to disappear.
MASON: And you were going to help him in this disappearance? Yes.
I had a boat, was going to wait a short distance from the dock for him at 11:00 that night.
How much were you to be paid for this invaluable aid? Ten thousand dollars.
So then you figured, why settle for only $10,000 when you could have had more than $120,000 - and no one would've been the wiser? - No.
You mean that thought never crossed your mind? Well, I didn't kill him.
I won't go to the gas chamber for anybody.
I was in the boat, but she did it.
I saw her.
MASON: Whom did you see? Mrs.
Shelby? ART: Yes.
It was her.
He's a liar.
How can you believe a man like that? She gave me $10,000.
She was supposed to pay me more later.
I left the money at home.
I never even touched it.
Can you prove that Mrs.
Shelby gave you the money? Yes.
And I can prove why she paid me.
I never go anywhere without my camera.
And on that night in the boat I had it with me.
It was loaded with infrared film with an infrared flashbulb attachment.
I didn't trust Shelby and I wanted to protect myself.
When I heard the gunshot, I took the picture.
My wife has it now.
Is that the picture? Your Honour.
Bailiff.
Bring that woman to the bench.
Well, I don't know.
I may have had Marion pegged all wrong, Perry.
I still don't understand why she wanted to frame me.
Well, actually, it was all Shelby's idea.
Even to getting my name out of your notebook.
Marion just saw an opportunity and took advantage of it.
[KNOCKING ON DOOR.]
Yeah? - Hi.
MASON: Well, how are you, sergeant? Fine.
I see you're going to move.
- You blame me? - No.
We found the rest of the money and the murder gun.
They were on a plank under the dock.
Oh, I've got something for you too.
Exhibit A.
Thanks.
I think I'm gonna leave the writing to Hemingway and Steinbeck from now on.
If you ever get a telegram or a letter from me, be sure it's a phoney.
Then how am I gonna hear from you? If I'm in trouble, I'll send you a smoke signal.
Come on, Frank.
Let's get out of here.
Here you are, sergeant.
Shelby.
- How about a drink of water? - I'd love it.
One water coming up.
You know, you're the handiest handyman I ever knew.
- Here you go.
- Thank you.
Frank.
I wanna make one point clear.
Your duties around here do not include the entertainment of Mrs.
Shelby.
I know what my duties include, Mr.
Shelby.
Then keep the limitations in mind.
[KNOCKING ON DOOR.]
All right.
All right.
I'm coming.
I'm coming.
- Okay.
- Where's Scott Shelby? Now, just a second.
Take it easy, little man.
Where is he? - You must be Mr.
Parker.
- Who are you? Art Williams.
I'm Mr.
Shelby's accountant.
Well, Shelby promised to send me a cheque for $8,500 by 11:00 this morning.
It isn't Mr.
Shelby's fault, Mr.
Parker.
I didn't finish the job yet.
I'm supposed to make out the cheques and take them out for signature this afternoon.
All right, Williams.
But you tell Shelby if he doesn't have a cheque in my hands by 6:00 tonight, I'm gonna see him in person.
And I won't be interested in just the money anymore.
[FRANK CLEARS THROAT.]
Oh, yes, Frank? All set to transplant these bushes, Mrs.
Shelby.
Just show me where you want them.
All right.
- Frank.
- Yes? Would you mind telling me something? Sure.
Why do you stay here? I'm sure you could get a much better job.
This place is fine.
Gets me a roof over my head, three meals a day.
And it gives me a little time off to keep up with my writing.
Oh? Oh, don't get me wrong, I'm no Ernest Hemingway.
I'll probably never write the great American novel, or much of anything else.
Still, I'd like to read some of your work.
Well, you're dignifying it, Mrs.
Shelby.
All I have at the moment are a couple of notebooks full of my impressions on people and things.
Well, what's your impression of me? I wish I had the right to tell you that, Mrs.
Shelby.
This where you want it? Well.
Did you have a nice afternoon with the help? I don't know which would please you more, if I denied it or admitted there was something between us.
[PHONE RINGING.]
Well, answer it.
Hello.
Oh, hello, Ellen.
I'll talk to her.
Where have you been? We've been expecting you since 5:00.
Well, I'm sorry, Scott.
Arthur and I won't be able to make it.
Oh.
I'm sorry.
I was looking forward to it.
Well, I'm very sorry, Scott.
Tell Marion we'll make it another time.
Yes.
All right, Ellen.
I'll call you tomorrow.
There are several things I wanna talk about.
Yes, I will.
Goodbye.
She's not coming? Disappointed? - Frankly, no.
- I can understand that.
Now I'll be free to keep tabs on the situation, so you and your handyman will have to behave yourselves now.
Thus, where our record shows that the date of the crime as proved was subsequent to the indictment, judgement must be reversed.
Corpus Juris Secundum, volume 24, section 1710.
No, section 1730.
- That it? - That's it.
I'll type this up right away.
You'll do nothing of the kind.
Do you know what time it is? There's nothing wrong with your watch.
It is late.
Now get your coat and I'll take you home.
[KNOCKING ON DOOR.]
MASON: Yes? Sorry to bust in on you like this, but there was no one out front.
That's all right.
You Perry Mason? MASON: Yes.
Well, what do you know? Why, I know you have a telegram for me.
Huh? I say, I know you have a telegram for me.
Oh, yes.
Of course.
You'll have to sign for it.
I'll sign for it.
Nice to meet you, Mr.
Mason.
Wait till I tell the fellows about this.
Here you are.
Thanks.
Thank you.
Thank you, ma'am.
Perry Mason.
Bad news? "Need help desperately, expect to be arrested any moment.
Please contact me in care of Shelby, Glidden Cove on Pinewood Lake.
" Signed Frank Lawton.
Lawton? Oh, I remember.
He was a lieutenant in your company during the war.
Isn't he the one that wanted to be the writer? That's the one.
Remember I told you what happened to him on D-day? Sounds like he's still in trouble.
Della, "Trouble" is Frank Lawton's middle name.
He was shot twice during the service.
The week he came home, his wife was killed in an accident.
Looks like the jinx is still operating.
Are we going to Pinewood Lake? Not we.
Me.
Wanna bet? [PHONE RINGING.]
FRANK: Hello.
- Hello.
- Frank.
Frank.
What do you want? This is Mr.
Shelby.
I'm down at the dock.
Bring my shotgun.
Hurry.
Hurry.
Mr.
Shelby? [SPLASHES.]
[CLICKING.]
Mr.
Shelby.
SCOTT: No.
Don't! No! [GUNSHOT.]
Mr.
Shelby.
Mr.
Shelby.
Mr.
Shelb-- Mr.
Shelby.
Mr.
Shelby.
Mr.
Shelby.
MARION: Frank! - Mr.
Shelby.
What's the matter? - What happened? - I don't know.
I heard a shot.
Frank, where's my husband? Where's Scott? [SOBBING.]
MAN: All right.
We'll take over here.
Did you find him? Did you find my husband? Not yet, ma'am.
My men have searched most of Glidden Cove, but so far there's no trace.
I can't understand it.
I just can't understand it.
I think I'm beginning to, Mrs.
Shelby.
Mr.
Lawton, how long did it take you to get down to the dock? I don't know.
A couple of minutes, I guess.
Maybe less.
I'm not sure.
Huh.
Mr.
Lawton, you said that Mr.
Shelby called you from the dock.
That's right.
Well, if he used this phone, it was a pretty neat trick.
All right, Tanner, stick with it.
The divers are coming out to help.
MAN 1: Looking for someone? Why, yes.
Where can I find Frank Lawton? - Is he expecting you? - Yes.
Go on in.
Ask for Sergeant Dix.
- Go ahead.
MAN 2: Nothing in this area.
Well, move out of the cove and start searching the lake.
Yes, sir.
What's all the excitement for? We're looking for Mr.
Shelby's body.
Now, is there another shotgun in the house? No.
This one's been fired recently.
Very recently.
Who used it? I didn't.
Okay.
You wait here.
Mr.
Mason, I'm Detective Sergeant Dix, Sheriff's Criminal Detail.
How do you do? This is my secretary, Miss Street.
- How do you do? - How do you do? I understand that you were sent for by Frank Lawton.
Let's say I received a telegram signed Frank Lawton.
This wire was filed at 8:30 p.
m.
last night.
Looks like Frank was anticipating trouble.
That statement has implications, sergeant.
It was intended to.
We have reason to believe that Frank Lawton's employer, Scott Shelby, was murdered early this morning.
Now, he didn't like Shelby.
But I have the feeling that Frank is just a little stuck on Mrs.
Shelby.
I see.
Do you mind if I talk with Frank? Sure.
Come in here.
FRANK: Perry.
What are you doing here? I got a telegram signed with your name.
FRANK: What? - Yeah.
Here it is.
FRANK: I didn't send this.
Well, we'll see about that.
I'll get the original.
Look, what's going on around here? What am I being accused of? - I'd like to know-- - Take it easy, boy.
Sheriff, if you'll excuse me, I'd like to lie down.
DIX: Of course, Mrs.
Shelby.
I'll be outside.
Don't take too long.
FRANK: And every so often when Shelby had a little trouble sleeping, he'd go down to the dock and take a boat ride.
Claimed it relaxed him.
MASON: And you knew about these nocturnal excursions? - I knew about them.
- This Ellen Waring you mentioned.
You feel there was something between her and Scott Shelby? It was supposed to be business.
But you don't think so.
What did Mrs.
Shelby think? I never asked her, Perry.
But you said that every time Ellen Waring came here, she was accompanied by their accountant, Art Williams.
No, not every time.
And even Williams himself came out two or three times alone.
To take some pictures.
He's quite a camera bug.
How did Williams and Shelby get along? FRANK: How did Shelby and anyone get along? You know anyone else who had trouble with Shelby? Perry, everybody had trouble with Shelby.
Oh, I know, he puts up a big show here.
But this place is in mortgage to the hilt.
He gets prospective clients out here, they look around a little bit, they listen to him, and then they give him all their money and that's the last they ever see of it.
He even owes me two months' pay.
Then why did you stay? The job wasn't very tough.
Gave me a chance to write.
I want a straight answer, Frank.
Are you in love with Marion Shelby? Why, I imagine I could be.
Very easily with a little encouragement.
There never was any.
[KNOCKING ON DOOR.]
- Mason, are you about finished? MASON: For the moment.
Why? Will you come with me, please? MASON: Is he under arrest? - Not yet.
But I hope you'll advise him to cooperate.
Or you'll place him under arrest.
- That's about the size of it.
- Where's his motive? - You recognise this? - You had no right to-- Now, you take it easy, mister.
Your friend here's quite a writer.
I'd like to read you some of his stuff.
August 10th.
That was just two days ago.
"Sometimes I think I'll never understand women.
There's no logical reason for Marion to put up with him.
She's lovely and generous, qualities that to him are laughable.
I realise how many decent men are killed.
I wonder why a man like Shelby should be permitted to live.
" That wasn't meant to be read by anyone.
DIX: I know.
Does that answer your question about motive, Mr.
Mason? PAUL: I may be thick, Perry, but I just don't get it.
Paul, I simply don't believe Frank Lawton murdered Scott Shelby.
You can say that because Frank Lawton's your friend.
Yes.
I also say it because I don't think Shelby is dead.
Well, it's all too pat.
Shelby flimflammed everyone he did business with.
He's being hounded by creditors, yet he has plenty of money.
You don't think he staged this whole bit to cover his disappearance? Perry, I don't buy it.
Look, you know for a fact he was on the dock, and all his boats are still there.
He'd have to be a channel swimmer to make it across that cove.
He could have had a confederate waiting in a boat nearby.
Well, let's assume for a moment you're right.
Any idea who this confederate might be? Well, Shelby was in business with a woman named Ellen Waring.
Only his connection with her seems to have been more than just business.
That doesn't mean much.
Ellen Waring was supposed to be a guest of the Shelbys last weekend.
She waited until the last possible moment to cancel out.
Why? You got me.
I think she was waiting in a boat for Shelby when he jumped off the dock.
You think that Mr.
Shelby is presently residing in Miss Waring's closet? It's a possibility.
Perry, you're out of your ever-loving mind.
That's also a possibility.
Come on, let's go.
Ellen Waring lives in apartment 3E.
- Alone? - Yeah.
Let's find her garage.
Why the garage? Assuming Miss Waring was the confederate in the boat, and assuming she brought Shelby here, she'd have had to use her own car.
If we're lucky, we might find something to prove that.
All I can say is you're doing an awful lot of assuming.
Paul.
The car seat.
It's soaking wet.
You know, you could be right.
Let's take a look around.
It hasn't rained lately.
No, it hasn't.
Soaked.
While Perry was phoning you, sergeant, I saw a man raise the window in her apartment.
How do you know it was Miss Waring's apartment? It was the corner one on this floor.
You know, this could be a lot better, Mason.
I could have thought of it.
Yes? - Miss Ellen Waring? - Yes.
I'm a police officer.
I'd like to ask you a few questions, please.
About what? I'd rather not discuss it out here in the hall.
May we come in? If it's about Scott Shelby, I don't know anything.
You'd better let me be the judge of that.
Miss Waring, I'm Detective Sergeant Dix of the sheriff's office at Pinewood.
This is Mr.
Perry Mason.
Mr.
Paul Drake.
I heard the news on the radio just about 20 minutes ago.
What happened, sergeant? The report wasn't very clear.
Mr.
Shelby jumped, fell, or was thrown off the dock.
They said something about his being shot.
DIX: We don't know.
Miss Waring, I'll come right to the point.
Who else besides you spent the night in this apartment last night? What do you mean? - Who's in the bedroom? ELLEN: That's none of your business.
Miss Waring, my client, Frank Lawton, is being held on suspicion of murder.
Scott Shelby disappeared under mysterious circumstances last night.
- Now, we have information that your-- - Let me get this straight.
You think Scott Shelby's in there.
Is that what you think? My mother.
She came in from San Diego last night.
There was a man seen in your window this morning, not more than two hours ago.
Who was he? A friend.
Arthur Williams.
Where is Mr.
Williams now? Down the hall.
He has apartment 3A on this floor.
He came in around 7:30 and we had some coffee together.
[DOORBELL BUZZES.]
That's probably Arthur now.
Come in, dear.
These gentlemen came to ask me some questions about Scott Shelby.
Something's happened to him.
What? I don't know exactly.
Miss Waring, when did you use your car last? Yesterday afternoon.
DIX: How did the seat get wet? There's a blanket and a pair of men's shoes in the garage, both soaked.
You were in my garage? DIX: Yes, ma'am.
- You've got your nerve.
How did they get wet? Well, Arthur and I are going for our marriage licence today.
Isn't that right, darling? Yes.
Yesterday, we decided to have a picnic to celebrate.
Where did you go on this picnic? - Well, we-- - To an estate in Oakcliff.
I'm trying to sell for the owner, Mr.
Kleiner.
There are some shade trees and a small lake and a barbecue area for picnics.
Art tried some fishing.
He slipped on the bank and that's how he got wet.
Now, is there anything else you'd like to know? May I use your phone, Miss Waring? Of course.
Pinewood 6-5098, collect.
This is Sergeant Dix.
I'm sorry, Miss Waring.
Oh, I suppose I can't blame you, Mr.
Mason.
But this really has been an awful imposition.
It occurs to me that you came here with the intention of accusing me of murder.
No.
Not murder.
DIX: Oh, hello, Ted.
Oh, when? There was nothing on it? Yeah, that figures.
Yeah.
Yeah, I'll get there as soon as I can.
Yeah.
Well, they found Shelby's body.
Oh, no.
When? About 20 minutes ago.
They fished it out of the lake.
About a mile from the dock.
A good part of his head had been blasted away by a shotgun charge.
Do you have any more theories, Mr.
Mason? Well, this looks like the place she described.
- Easy.
- Thanks.
Well, I can see how he might've slipped and gotten wet.
Yep, everything matches.
MAN: And the state will prove beyond any reasonable doubt that the defendant, Frank Lawton, did wilfully murder Scott Shelby on the night of August 12th.
We will prove that the motive was his desire for his employer's wife, Marion Shelby.
We will show you a notebook kept by the defendant, in which he recorded his hatred for the deceased and his desire to do Mr.
Shelby great bodily harm.
Now I call as my first witness, Detective Sergeant Phillip Dix.
Where did you find that notebook, sergeant? In Mr.
Lawton's room.
BLACK: And did he identify the exhibit - as his own personal property? - Yes, sir.
BLACK: Thank you very much, sir.
Now getting back for a moment to this shotgun, Exhibit 2.
- Did you examine this weapon? - I did.
And what did you discover from your examination? Since it belonged to the deceased, Scott Shelby, - naturally his fingerprints were on it.
- Naturally.
Were there any other fingerprints? Outside of mine and the deputy's, only the prints belonging to the defendant, - Frank Lawton.
BLACK: What about the shells? Were Mr.
Shelby's fingerprints on them? No, sir.
One barrel was still loaded.
The other barrel contained an empty shell.
- It had been fired recently, probably-- MASON: Objection.
If the district attorney wishes to have this witness during his testimony give an opinion as to whether that shotgun had been fired recently before his examination of it, I think the witness should first qualify himself as an expert on firearms.
In the meantime, the sergeant should tell us only what he saw and what he heard.
JUDGE: Objection sustained.
Proceed, Mr.
Black.
I have no further questions.
You may cross-examine.
Thank you.
May I? Now, sergeant, you just testified that the dead man's fingerprints - were not on those shells.
- Yes, sir.
Were the defendant's fingerprints on those shells? - No, sir.
- In other words, there were no fingerprints at all on the shells, is that right? Yes, sir.
And you maintain that this is the weapon used to kill Scott Shelby.
- Is that right? - I do.
Can you swear that it is? Your Honour.
Mr.
Mason is hoist by his own petard.
He's just had a ruling from the court that Mr.
Dix is not qualified to give an expert opinion.
I'm not asking for an expert opinion, Your Honour, I'm asking only that the witness give a yes or no answer as to whether he can swear that this gun killed Scott Shelby.
I will allow the question.
Well, sergeant? I cannot swear that it is.
MASON: Then there might have been some other shotgun.
Yes, sir.
No further questions.
You may step down, sergeant.
Now, Mrs.
Shelby, did the defendant, Frank Lawton, ever tell you how he felt about you? His conduct was always beyond reproach, Mr.
Black.
At all times? At all times.
I would like to read an excerpt from the defendant's notebook.
This is dated August 1 st.
I quote: "Perhaps if I had something to offer, I could go to Marion and ask her to marry me.
But this is just more wishful thinking.
As long as her husband is alive, I wouldn't stand a chance.
" Do you mean to say that Frank Lawton never told you that he loved you? I object, Your Honour.
Counsel is cross-examining his own witness.
Sustained.
All right, Mrs.
Shelby, would you kindly tell the court exactly what occurred on the night of August 12th after you were asleep.
Well, I don't know if I was exactly asleep.
I think you might say I was half-awake.
Did you hear anything? Yes, I overheard loud voices from outside the house.
BLACK: Were you able to distinguish what either of the voices said? No, sir.
Well, were your husband and Mr.
Lawton in an argument? I object to that, Your Honour.
Counsel is trying to lead the witness.
She has already testified that she could not hear what was being said.
Sustained.
All right, Mrs.
Shelby, after you were awakened by the loud voices, what did you do? As I put on my robe and slippers, I heard a loud gunshot.
I ran out of the house and down to the dock.
When you arrived at the dock, what did you see and what did you hear? I saw Frank Lawton leaning over the water and calling: "Mr.
Shelby, Mr.
Shelby.
" And what did he have in his hand? A shotgun.
BLACK: Thank you, Mrs.
Shelby.
You may cross-examine.
MASON: Mrs.
Shelby.
Mrs.
Shelby, would you describe yours as a happy marriage? Basically there was very little affection between my husband and myself.
Not at any time? If there was, my husband's flagrant affair with Ellen Waring killed any trace of it.
I see.
Just one more question, Mrs.
Shelby.
Did the defendant, Frank Lawton, ever make improper advances toward you? Never.
Thank you.
That is all.
JUDGE: You may step down.
MARION: Thank you.
Now, Mrs.
Williams, were your dealings with Mr.
Shelby ever based on anything other than a business relationship? Absolutely not.
As a matter of fact, while you were Mr.
Shelby's partner, you were in love with another man.
- Isn't that so? - Yes.
A man to whom you are now married, Mr.
Arthur Williams.
ELLEN: Yes.
BLACK: Thank you, Mrs.
Williams.
You may cross-examine.
Would you care for some water? Thank you.
Mrs.
Williams, you and your husband applied for a marriage licence the morning after the death of Scott Shelby.
Is that true? We were planning it for some time.
The evening before, you were supposed to be a guest - at the Shelby home? - Yes.
You didn't go.
Why not? Well, my mother arrived from San Diego unexpectedly.
MASON: What did you do that afternoon? ELLEN: We went on a picnic.
And where did that picnic take place? At the Kleiner estate in Oakcliff.
Mrs.
Williams, I suggest that you were not on any picnic that afternoon.
And I suggest that you were some other place entirely.
That's not true.
Your Honour, I object.
These questions are wholly immaterial to the issues here.
Your Honour, I have a right to attack the credibility of this witness.
That's perfectly proper cross-examination, Mr.
Black.
- Proceed, Mr.
Mason.
MASON: Thank you.
Now, Mrs.
Williams, what time was this supposed picnic? What time did you get there and what time did you leave? Well, we arrived around 2:00 in the afternoon and left around 5:30.
That was the afternoon of August 12th.
The same day Scott Shelby was murdered.
- Yes.
- Can you establish the fact that you were at the Kleiner estate between 2:00 and 5:30 on the afternoon of August 12th? I most certainly can.
My husband is an amateur photographer and he has some photographs that were taken there that same day.
Arthur, will you show Mr.
Mason the pictures you took? Your Honour, I would like to put Mr.
Williams on the stand to identify these photographs and introduce them into evidence.
Do you have any objection to interrupting your cross-examination - at this time, Mr.
Mason? - None at all, Your Honour.
But it's getting close to lunchtime.
May I suggest a recess before Mr.
Williams goes on? - Any objection, Mr.
Black? - Not at all, Your Honour.
If Mr.
Mason needs time to catch his breath, I'd be very happy to give it to him.
This court is adjourned till 2 p.
m.
Don't worry, Frank.
It looks like you were kind of hoist by your own petard again.
Could be.
Paul, you're a pretty good photographer, aren't you? Come on, Della.
Mr.
Williams, what is your profession? I'm an accountant.
And did you do an audit of the Scott Shelby firm? That is, Shelby and Waring? ART: I did.
BLACK: Is that where you met Ellen Waring, whom you later married? ART: Yes, sir.
Now, on the day before you announced your marriage, did you and Miss Waring picnic on the Kleiner estate? Yes, sir.
Are these the photographs that you made at that time? Yes.
Can you prove that these were made on the afternoon of August 12th? Yes, I can.
As you can see by this receipt, I took the film to the Brighton Camera Shop to be developed promptly at 10:00 the following morning.
BLACK: Why do you say promptly at 10? It was the first opportunity I had.
When we got back from the picnic it was after 6:00 and the camera shop was closed.
They didn't open again until 10 the next morning.
I'd like to have this receipt and these photographs entered in evidence.
You may cross-examine.
Now, Mr.
Williams, about your audit of Mr.
Shelby's firm-- I object, Your Honour.
I put Mr.
Williams on the stand to introduce those photographs.
That may have been the district attorney's purpose, Your Honour.
Nevertheless, when he asked Mr.
Williams about his profession, he opened the door.
I should be permitted to pursue this on cross-examination.
Overruled.
The witness will answer the question.
Yes, I did an audit for Shelby and Miss Waring.
Did the books balance? Well, I don't know exactly what you mean.
I mean, was Mr.
Shelby's personal account exactly as it should be? - No, there was a slight discrepancy.
- Oh, how much? A hundred and twenty thousand dollars.
Well, I'm glad you're so affluent, Mr.
Williams, that you can dismiss $120,000 as a slight discrepancy.
[CROWD LAUGHING.]
Now, Mr.
Williams, I have here a Photostat of Scott Shelby's personal bank account.
Would you be good enough to read the amount of the last withdrawal? ART: "One hundred twenty-one thousand, seven hundred fourteen dollars.
" Mr.
Black, you'll note the withdrawal was made in cash.
Now, would you tell us the date of that withdrawal? August 11th.
Or the day before Mr.
Shelby was murdered.
Really, Your Honour, this whole line of questioning is irrelevant.
It is not germane to the murder of Scott Shelby.
And I maintain it is, sir.
I maintain that it supplies the motive for the crime.
Scott Shelby had on his person over $120,000 Now, where is that money now? - Have you any idea? - Yes, Your Honour, I have.
You may proceed.
Thank you.
MASON: Now, Mr.
Williams, your wife testified that you were an amateur photographer.
ART: That's right.
Isn't it true that most amateur photographers prefer to develop and print their own pictures? I generally do.
But on the morning of August 13th, you went to a photo shop to have your film processed.
I wanted the pictures in a hurry.
I didn't know when I could find time to develop the roll.
Yeah, that sounds reasonable.
Now, this is a receipt for your film.
It's marked 10 a.
m.
, August 13th, and it is initialled "J.
B.
" Who's "J.
B.
"? The proprietor of the Brighton Camera Shop.
Now, was it his idea to sign this receipt in this way or did you request it? Well, I don't remember.
Let me show you another receipt from the Brighton Camera Shop, Mr.
Williams.
This is for a roll of film taken to their store by my secretary a little more than an hour ago.
Do you see any notation of time on that receipt? No.
Then apparently marking their receipts with the exact time is not one of their standard operating procedures.
I guess I asked the owner to do it.
Why? Well, I'm an accountant by profession.
I like to have all my records properly detailed.
I see.
What time of the day did you make these photographs, Mr.
Williams? I don't remember exactly.
It was between 2 and 5:30 in the afternoon.
Mr.
Williams, would you examine these photographs, any one of them? Now, there's the barbecue in that one.
Yes.
Does it show a shadow? Yes.
If the court will excuse me for a moment.
Mr.
Williams, in what direction is the shadow of the barbecue pointing? West.
But that would indicate that the sun is in the east, wouldn't it? It would have to be to cast that shadow.
I guess so.
And if the sun is in the east, it follows it is morning.
Isn't it true? I guess so.
Your Honour, I should like to introduce into evidence this photograph taken at the lake on the Kleiner estate at exactly 1:55.
I should further like to direct the attention of the court to the fact that the afternoon shadow cast by the barbecue is pointing directly east, while the shadow in the photograph taken by Mr.
Williams is pointing west.
JUDGE: Mark it exhibit number eight.
Now, I'm going to ask you once again, Mr.
Williams: What time of the day did you take those photographs? I'm not sure.
You're not sure because you were at the Kleiner estate for your picnic not on the afternoon you stated, but on the following morning before 10:00.
You took those photographs on the morning of August 13th, then you rushed to the Brighton Camera Shop to have them developed.
Well, isn't that so, Mr.
Williams? - Yes.
- Louder.
- Yes.
- Why? What were you doing on the afternoon of the murder that you felt it essential to have an alibi? ART: Well, we were-- MASON: We're waiting, Mr.
Williams.
- Well, I met with Scott Shelby that afternoon.
He wanted to disappear.
MASON: And you were going to help him in this disappearance? Yes.
I had a boat, was going to wait a short distance from the dock for him at 11:00 that night.
How much were you to be paid for this invaluable aid? Ten thousand dollars.
So then you figured, why settle for only $10,000 when you could have had more than $120,000 - and no one would've been the wiser? - No.
You mean that thought never crossed your mind? Well, I didn't kill him.
I won't go to the gas chamber for anybody.
I was in the boat, but she did it.
I saw her.
MASON: Whom did you see? Mrs.
Shelby? ART: Yes.
It was her.
He's a liar.
How can you believe a man like that? She gave me $10,000.
She was supposed to pay me more later.
I left the money at home.
I never even touched it.
Can you prove that Mrs.
Shelby gave you the money? Yes.
And I can prove why she paid me.
I never go anywhere without my camera.
And on that night in the boat I had it with me.
It was loaded with infrared film with an infrared flashbulb attachment.
I didn't trust Shelby and I wanted to protect myself.
When I heard the gunshot, I took the picture.
My wife has it now.
Is that the picture? Your Honour.
Bailiff.
Bring that woman to the bench.
Well, I don't know.
I may have had Marion pegged all wrong, Perry.
I still don't understand why she wanted to frame me.
Well, actually, it was all Shelby's idea.
Even to getting my name out of your notebook.
Marion just saw an opportunity and took advantage of it.
[KNOCKING ON DOOR.]
Yeah? - Hi.
MASON: Well, how are you, sergeant? Fine.
I see you're going to move.
- You blame me? - No.
We found the rest of the money and the murder gun.
They were on a plank under the dock.
Oh, I've got something for you too.
Exhibit A.
Thanks.
I think I'm gonna leave the writing to Hemingway and Steinbeck from now on.
If you ever get a telegram or a letter from me, be sure it's a phoney.
Then how am I gonna hear from you? If I'm in trouble, I'll send you a smoke signal.
Come on, Frank.
Let's get out of here.
Here you are, sergeant.