Perry Mason (1957) s01e35 Episode Script
The Case of the Lazy Lover
Why did Bertie have to park his car there? Because he's inconsiderate and selfish.
Hello, hello, hello.
Ah.
What a welcome sight.
May I assume that a share of this pale restorative is for me? Naturally.
You didn't think Mother was going to swill all of it, did you, Bertie? Well, of course not, my dear Patricia.
Though I will admit your mother is a woman of infinite capacity.
Mmm.
Though not necessarily for martinis, you understand.
You're droll, Bertie, very droll.
Oh, Lucille, do you suppose cook could hold up dinner a bit? I kept Bob Fleetwood working so late I asked him to join us.
lf, uh If it won't cause an upheaval, you understand.
- Of course not.
- Thank you.
By the way, Bertie, your car is blocking the driveway pretty badly.
I had to clip the hedge to miss it.
I know.
I thought I was going out again.
I'll-- I'll move it presently.
Well, it could be pretty dangerous for somebody who doesn't know the drive.
All right, my dear, all right.
Call off the dogs.
I'll move my car right now.
[ENGINE STARTS.]
Lucille! Pat! Lucille! What happened? Who is it? - It's Bob.
- Bob Fleetwood? - That's right.
- Here, put him over here.
- What--? What's wrong? BERTIE: I don't know.
I found him lying in the-- In the driveway, by the hedge.
Oh, no.
No, you couldn't have hit anyone.
Is he hurt badly? I think he's dead.
Anything interesting this bleak Monday morning? This little item on top might bring you a ray of sunshine.
Just this bare-naked cheque? Just that bare-naked 2,500 clams.
Della, when it's over 1,000, you don't refer to them as clams, they become dollars.
Lucille Faxon-Allred, - Now, that's what really puzzles me.
- What? Well, there's a wire here from the same woman that came just a little bit ago, only this is from Mountain View.
Let me see it.
"Please accept cheque for $2,500 as a retainer to represent my daughter, Patricia Faxon, or myself if the need should arise.
Lucille Faxon-Allred.
" - Isn't she married to Bertrand Allred? - Yes, the mining man.
He's a pretty slick operator, I understand.
- Here.
- What do you want me to do with it? Well, it's drawn on our bank.
Just deposit it to my special account.
Ask the cashier to give it a good, close look.
You don't know what she wants you to do.
I don't know if it's her cheque.
We can give her back the money if it turns out to be something I don't wanna handle.
Oh, and before you go, see if you can get her on the telephone.
Information, I'd like Bertrand Allred, [PHONE RINGS.]
- Hello? DELLA: Mrs.
Allred, please.
- She's not at home.
Who's calling? - Mr.
Perry Mason, the attorney.
Can you tell me when she will be home? Well, is it anything important? Can I take a message? Just have her call Mr.
Mason, please.
Yes, well, all-- All right, I-- I'll tell her.
What about Mrs.
Allred's cheque? Good as gold.
I wish we had a dozen of them.
In fact, I gather it didn't even make a dent in her account.
[PHONE BUZZES.]
Yes, Gertie? Hold on, just a minute.
Mr.
Bertrand Allred is here.
Send him in, please, Gertie.
He didn't waste any time getting here.
Good morning, Mr.
Allred.
Come in, won't you? I'm delighted to meet you.
I've heard a great deal about you, of course.
- Who hasn't? Thank you.
- Please sit down.
Oh, and Miss Street, my confidential secretary.
- Delighted.
- How do you do? Are you representing my wife, Mr.
Mason? Why do you ask? I shall be quite frank with you, Mr.
Mason.
But if you don't already know this, I hope you will regard it as confidential.
My wife has run away with Bob Fleetwood, my secretary.
Actually, "secretary" is a misnomer.
He really was my right hand.
- When was this? - Night before last.
Saturday night, to be exact.
It really stunned me, Mr.
Mason.
What is it exactly you are here to see me about, Mr.
Allred? If Lucille wants a divorce, heaven knows I shan't stand in her way, much as I would regret it.
But if you could just persuade her to come back and to go about it a little less sensationally, you know-- You're concerned only about the newspapers? Well, to tell the truth, I need Bob.
Now, I'm dissolving a partnership with a man named Jerome, and actually, Bob is much closer to many of the details than either Jerome or myself.
And all you want me to do, if I should happen to be in touch with them, is urge them to come back.
I'll cooperate with them in any way they wish.
Very well.
If the opportunity arises, I'll be glad to pass along your message, Mr.
Allred.
You have been most generous with your time.
[DOOR OPENS, CLOSES.]
Della, see if Paul Drake can come in.
I wanna find this Lucille Faxon-Allred.
You're going to represent her when you don't even know what she wants? I don't know what she wants, Della, but any woman married to Bertrand Allred can use some help.
I'm so glad you could come, Mr.
Mason.
- Did you hear from my mother? - Yes, I heard from her.
Mr.
Mason Well, you see, Mr.
Mason, I thought it was silly just to retain a lawyer and not explain anything to him.
So I'm gonna tell you all about it, and I'll do whatever you say, even if you think I should go to the police.
You probably don't realise that you're a very singular person, Miss Faxon.
- Go ahead.
- Well The night before last, Saturday, I-- I hit a man with my car.
You know we have some high hedges in front of our place? - Yes.
- Well, that night, Bertie parked-- - Your father? - No, no, he's my stepfather.
He parked his car so that it stuck out in the driveway and-- And I had to swerve to keep from hitting it.
I don't quite understand.
I was driving pretty fast and, well, I felt this sort of a-- A thump, and-- And I thought it was the hedge, and then later, when Bertie went out to move his car, well, he found Bob.
- Was he injured badly? - Yes, we thought he was dead.
And then he came to, but he didn't know who he was or anything.
You mean he had amnesia? Mm-hm.
But Bertie was going to take him to the hospital, and then he said, "What if he should die?" Well, I would be charged with manslaughter and maybe even prisoned.
- Go on.
- So-- So Mother and Bertie took him away someplace, but I don't know where.
And what did you do? - I stayed here, but - But what? I don't know, Mr.
Mason.
It just doesn't seem right letting Mother get all involved just to cover up for me.
And besides, if Bob does die, I'm not going to try to hide it.
And if he doesn't, well, what do we gain? And the way things are, I don't exactly trust my stepfather.
What do you mean, "the way things are"? Well, Mother's divorcing Bertie and he's pretty upset about it.
You see, she has quite a fortune, and it isn't community property.
Has it occurred to you that you might not have hit Fleetwood with your car? But if I didn't, what happened to him? Suppose someone slugged Fleetwood and then left him lying there, where he would have been if you had hit him.
Do you think Bertie tried to kill him and put it on me? I don't know.
But if he did, it means he's dangerous, and the danger could extend to your mother.
- Well, looks like you ran into the rain.
- Uh-huh.
- What did you run into? - Pay dirt.
Mrs.
Allred is registered at the Mountain View Motel.
How long will it take us to get there? About an hour.
Sooner if this rain lets up.
- Oh, hello, Della.
- Hello.
- You sure this is the right unit? - This is it.
But shouldn't we check at the office before we go in? I don't think that will be necessary.
Face powder.
I guess we're a little late, Paul.
They haven't been gone long.
It's still warm in here.
Ice cubes haven't quite melted.
That room has been occupied.
- Fleetwood? - Probably.
Well, there are only two glasses.
Apparently, Mr.
Allred wasn't with them.
Their daughter told me the three of them went away together, and Allred told me his wife and Fleetwood ran off together.
- Who's telling the truth? - Good question.
See what you can find out from the manager.
- I'll wait in the car.
- Okay.
Perry, they left about 20 minutes ago.
The manager remembers hearing their car pull out.
And earlier, Mrs.
Allred went to the office and put through a call to El Paseo 67729.
When we get back to town, get your men started looking for Fleetwood and Mrs.
Allred again.
Put a tail on her husband when you locate him.
Okay.
Mr.
Mason, this is my mother.
I'm relieved to see you, Mrs.
Allred.
How do you do, Mr.
Mason? Well, I'm a bit confused at the moment.
According to your husband, you ran away with Bob Fleetwood.
Why, that's preposterous to think such a thing.
I see.
Then where is Bob Fleetwood? I don't know.
MASON: Well, you were with him at the Mountain View Motel, weren't you? Yes.
Then what happened? Well, we were sitting in the motel room last night, waiting for my husband to arrive, having a drink.
Bob seemed perfectly comfortable.
But then he excused himself and went into his room.
- Through the bathroom? - Yes.
When he didn't come back for a long time, I began to get worried, so I called to him.
He didn't answer.
I went into his room and he'd gone.
Just walked out through the door, taken my car and driven away.
Had, uh, Fleetwood regained his memory? No.
I don't know.
What time did he leave? What time? Well, about a quarter to 9.
Mr.
Mason, this whole thing has me so upset, I-- I'm afraid I'm not very clear-headed in an emergency.
How did you get back here from the motel? I brought her.
Mother called me here earlier, when Bertie didn't show up at the motel.
- Had he been there? - Yes, off and on all weekend.
He was keeping an eye on Bob Fleetwood.
What time did you arrive at the Mountain View? [KNOCKING ON DOOR.]
Why, hello.
This is Lieutenant Tragg of Homicide.
Mrs.
Allred.
Her daughter.
Are you Mrs.
Allred's lawyer, Mason, or are you just acting as an MC? I happen to be her attorney, lieutenant.
When was the last time you saw Robert Fleetwood, Mrs.
Allred? You're entitled to the reasons for any questions before you answer them, Mrs.
Allred.
Very well.
Your car was found at the bottom of a canyon completely wrecked.
- Fleetwood was in that car and dead.
- Dead? Well, then he must have [LUCILLE SIGHS.]
I last saw him about a quarter of 9 last night, lieutenant.
You and your daughter had better come in to headquarters.
Well, now, wait a minute, Tragg.
There's no justification for that.
Isn't there? The car was in neutral.
Nobody drives down a steep grade like that.
Somebody stopped the car, got out, released the brake, and let the car plunge down the grade and through the guardrail.
In other words, Fleetwood was murdered.
Your client left the Mountain View Motel with Fleetwood in that car, and about a half an hour later, she returned alone and on foot, at which time her daughter picked her up.
Now you, uh, still think there's no justification? [KNOCKING ON DOOR.]
I'll, uh, get that.
I'm afraid there's been a mistake, Mrs.
Allred.
- You mean it wasn't my car? - Yes, it was your car.
The facts remain the same, but there was a mistake in identification.
The, uh, dead man wasn't Fleetwood.
- Who was he? - He was your husband.
- You'd better come along.
- Oh, no.
Mother.
Paul said he's onto something big and he's staying with it.
In the meantime, he said that he found out that Mr.
Allred had received severe blows on the head before he went over the cliff.
In fact, these could've killed him, but the police can't be sure yet.
[PHONE BUZZES.]
Yes, Gertie? Oh, good, put him on.
Hello, Paul.
- Perry, I think we found Fleetwood.
- Where? Up the canyon from Mountain View, about eight miles east in a small ranch house.
Is he all right? He's still got amnesia, if that's what you mean.
Now, listen.
There's a turnoff on a little sideroad.
A man by the name of Overbrook has the ranch.
- You'll see a sign.
- Good, Paul.
- We'll see you when we get back.
- Okay, Perry.
When we get back from where? How would you like to be married for a couple of hours to a fairly nice-looking man about, uh, 40 years old? [VEHICLE APPROACHES.]
[DOG GROWLING, BARKING.]
[DOORBELL BUZZES.]
Good boy.
That's enough, I hear it.
- Mr.
Overbrook? - Yes, ma'am.
Is Robert here? Robert Fleetwood? - Robert? - Yes.
It's her husband, the man that lost his memory.
Oh, sure, come on in.
It's okay, Prince.
They're all right.
- How'd you know he was here? - We've been tracing him bit by bit.
- Is he all right? - Yes, ma'am.
I reckon he's been sleeping, mostly.
I'll go get him.
Uh, just a moment, Mr.
Overbrook.
Chances are, Mr.
Fleetwood won't recognise us.
It's happened before.
Sometimes if we appear suddenly, he snaps right out of it, so don't tell him who we are.
Okay, sure.
Well You're a fine boy, Prince.
OVERBROOK: They're right in here.
They just wanna talk to you.
Robert.
- Oh, Robert, we were so worried.
- What is this? - Who is she? - Oh, Robert.
Don't you remember me? I'm Mabel, your wife.
You are not.
I never saw her before in my life.
How do you know? Well, I just feel it.
I know, dear.
That's the way it was last time.
Don't you remember? Come on, let's go home.
Come on, come on.
Come on, Robert.
In view of certain past accusations, lieutenant, I'd like this instance of my cooperation with the police duly noted.
Remember I turned Fleetwood over to you.
Oh, uh, would, uh, carved in stone be satisfactory, or shall we etch it in bronze? Whichever is more expensive.
I also think it would be no more than fair to tell me just what Fleetwood told you.
Oh, I think you have that coming to you.
Well, before we took him to General Hospital for observation, Fleetwood said that he was walking along the hedge at the Allred place Saturday night, and something hit him.
And now, while he can remember everything up to that point, he can't remember a thing since.
Mm-hm.
That's the way he'd react if he had true amnesia.
[DOOR OPENS.]
Mrs.
Allred.
Thanks for bringing my client up here.
One good turn deserves another.
Lieutenant Tragg still maintains that you left the motel with your husband.
Lieutenant Tragg is wrong.
I didn't.
And no one could possibly have seen me in that car.
I wasn't there.
You said Fleetwood left the motel about a quarter to 9 and Pat picked you up about a quarter after.
Now, I was there at 9:00.
Where were you? I told you I wasn't very clear-headed in an emergency.
When I was left alone at the motel, the only thing I could think of was to get away, to get back home.
I ran down to the road to try and get a hitchhike.
- That was a rather foolish thing to do.
- Mr.
Mason, I was frightened.
- Of what? - Not "of what.
" For Pat.
I went through that whole ordeal with Bob Fleetwood just to protect her.
She's my daughter, Mr.
Mason.
She's the only thing in the world I care about.
Then what happened when you went out to the road to hitchhike? Well, then I realised how foolish it was, so I-- I went back to the motel to try and telephone a taxi.
Before I could do that, my daughter arrived.
What was your general feeling about your husband? Well, a woman naturally likes to feel that the man she married is rather special.
At first, anyway.
Then to realise gradually, day by day, more clearly, more inescapably, he's cheap, common, greedy, a liar and a cheat, both professionally and personally.
Well, it's a pretty bleak experience, Mr.
Mason.
I can well believe it.
I was going to divorce him, even though he threatened to make it the most shameful case ever tried.
I understand you have a considerable fortune which wasn't community property.
Do you think he might have been willing to kill you for it? He might have.
I didn't kill him, Mr.
Mason.
And if I had, it wouldn't be because I was afraid he might kill me, if that's what you're getting at.
I wasn't getting at it.
But let's say the district attorney will.
My man at headquarters picked something up, Perry.
Fleetwood's girlfriend came to see him at the hospital.
She brought him cigarettes and a razor.
- Who is she, Paul? - Her name's Bernice Archer.
She lives in an apartment out on Laurel.
How long did she stay at the hospital? - Mm, about half an hour.
Uh-huh.
- Then she went home? I think we should call on Miss Archer, Paul.
- Well, you don't need me, do you? - Yes, I want you to question her.
Just say you're a detective, but not whether you're police or private.
Maybe it'll help get information.
[MELLOW MUSIC PLAYING OVER SPEAKER.]
[DOORBELL BUZZES.]
I'm Paul Drake, a detective.
I'd like to talk to you.
- May I see your credentials, please? - Surely.
Just a minute, please.
I see.
A private detective.
- That's right.
- And this gentleman with you? My name is Mason.
I'm an attorney.
- Oh, you're Perry Mason? - That's right.
Well, gentlemen, I don't know what I can do for you, but if you want to come in for a few minutes, I suppose it's all right.
MASON: Excuse me.
PAUL: Mm-hm.
Thank you, Miss Archer.
We just want some information.
So I assume.
Won't you sit down? Thank you.
Now, Miss Archer, is it too personal a thing to ask if there's a romantic attachment between you and Bob Fleetwood? I'm very fond of him, and I think it's mutual.
And naturally, you were quite upset when he called you earlier today.
Oh, but I'm afraid I wasn't, Mr.
Mason.
Why should I be upset? You must have known by the papers that he'd run away with another woman, that her husband had been murdered.
When he called and told you he had amnesia and was in the hospital, then you weren't upset? - I don't quite understand.
- It's perfectly simple.
Bob's had brief spells of amnesia before.
The first thing he told me was not to worry, that he wasn't mixed up in anything.
Well, Miss Archer, you were entirely right when you said you wouldn't be able to help us.
Thank you again.
Good night.
Good night, Mr.
Mason, and good luck with Mrs.
Allred.
- You'll certainly need it, won't you? - Why? Well, it won't be easy to get her off, will it? - She's obviously guilty.
- But why are you so sure? Well, who else could it be? Mr.
Allred obviously went out there secretly in the rented car, so no one knew he was there except his wife and Bob.
Bob didn't do it, so she must have.
Well, those are the only people we know of who knew where Allred was.
Lots of others might have known.
You, for instance.
Oh, well, you can grasp at straws, of course.
Good night, Mr.
Mason.
- Coming, Paul? - Mm-hm.
Good night.
What's he doing here? Well, I was very disappointed at your loss of memory, Fleetwood, and, uh, Mason thinks he can help you.
- I don't think you can.
- Well, I'll be happy to try.
Now, as I understand it, since last Saturday night when you were hit on the head, you couldn't remember a thing that happened to you until you talked to Lieutenant Tragg yesterday.
However, Monday you made a phone call from Mountain View to Westgate 69811.
What of it? Why shouldn't I call my girl? You didn't even know you had a girl then, Fleetwood, let alone her phone number.
Withholding information in a murder looks even worse when you could be the killer yourself.
All right.
All right, I'll tell you.
I'll tell you what a spot I was in.
Bertrand Allred was about to steal a fortune from his partner, Stanley Jerome.
How? Well, they had bought a mining property.
Allred forged a fake report of the survey showing that it was worthless.
Well, on Saturday night, I stumbled across the true report showing that it was worth millions.
- You told Allred you found it? - Yeah, that was my mistake.
Well I was so surprised, puzzled, when I saw it, I blurted out, "What's this?" But when I saw his face, I knew what it was.
He'd started after me.
I turned to run.
I didn't get very far.
He must have hit me.
Anyway, I blacked out.
- I think he thought I was dead.
- And the next thing you remembered? I came to in the living room with the two women in hysterics, Pat thinking that she'd killed me with her car.
I must have been in a state of shock and I was scared.
Couldn't think of anything else, and so I came up with the amnesia thing.
MASON: That was when Mrs.
Allred took you to the Mountain View Motel? That's right.
Mr.
Allred stayed with us at the motel until Sunday night.
Then Monday night, Allred came back to kill me.
I think he was gonna kill his wife too, while he was about it.
Anyway, he pulled a gun, he made his wife get into the trunk of the car-- - In the trunk? - I know, but he did.
- He made me drive.
- Go ahead.
Well, as we started down the mountain road, we were creeping along, going downgrade in low gear.
Suddenly I gave it the gun, and then I slammed the brakes on.
Allred was sitting next to me, sideways.
Threw him off balance.
He slammed him into the dash, and I grabbed the gun and conked him with it before he could get up.
But I don't ever want to go through anything like that again.
After that you went to Overbrook's farm.
TRAGG: Why? Well, Overbrook had lost some money too-- Quite a bit of it.
--in a deal with Allred.
He said that if he ever came on his property, he'd kill him.
Overbrook didn't know me, so I figured I'd be safe.
Anyway, I drove the car up there, I pulled it off into a muddy field, and then I headed for the house.
- Leaving Mrs.
Allred in the trunk? - Oh, no.
No, I was gonna let her out, but when the car stopped, she managed to open the trunk.
- How could she do that? - I don't know.
Maybe it wasn't closed.
Anyway, she jumped out and she took off.
I called to her, but she kept right on running.
Well, since you were so afraid of Allred, why--? That's enough for now.
- I want to ask-- - I said you could hear his story.
I didn't say you could cross-examine him.
You'll have a chance for that in court.
[DOOR CLOSES.]
Just a friendly word before you get yourself out on a limb for Mrs.
Allred.
Just before you got here, I received information that completely confirms Fleetwood's story in every detail.
And, um, he has no knowledge of that information yet.
Are you gonna tell me what it is? Well, that's, uh, for the district attorney to say.
And the state will further prove that a witness found tracks in the muddy field which show unmistakably where the murder car drove in, where Fleetwood left it and walked to the house, where the defendant, Lucille Allred, jumped from the trunk, ran out to the road, and where she then walked back and got in the car, where the car turned around and drove away, and incidentally, where her lipstick was discovered lying on the ground.
All these facts, the state will prove in support of its contention that Lucille Allred did willfully and with malice of forethought drive her husband to the edge of the mountain cliff, disengage the gears of the car, and then send him over that cliff to his death.
Do you wish to make an opening statement, Mr.
Mason? Defence will reserve its remarks for the presentation of its case, Your Honour.
I call Robert Fleetwood to the stand, please.
And what happened then, Mr.
Fleetwood, after you left the Overbrook place with Perry Mason and Miss Della Street, the woman who claimed to be your wife? They brought me to police headquarters.
I think that's all.
Cross-examine.
How did it happen that all your identification and personal effects were on Allred's body when it was found, and that you had nothing whatever on your person when you arrived at police headquarters? He took all that stuff off of me the night he hit me in the head.
- Why? - I don't know.
You could never tell what was on Allred's mind.
You didn't put these articles in his pocket yourself after you had knocked him unconscious? No.
Isn't it true that you could simply have walked out of the motel on Mrs.
Allred any number of times between Saturday night and Monday night? I don't know, I guess I could.
Wasn't the real reason you didn't walk out of that motel the fact that you knew there were millions in the true mining report, and that you thought there might be an opportunity for you to kill Bertrand Allred and then cheat Stanley Jerome and Mrs.
Allred out of their share of this property? No.
No further questions.
BURGER: Lieutenant Tragg, you were present when a diagram was made of the Overbrook property, this diagram which has been enlarged onto this blackboard? Yes, I was.
Can you tell us, of your own personal knowledge, whether this sketch includes all the tracks that were found in that area? Yes, I can.
We recorded every track, sign and indentation in the whole area for a hundred yards around.
- We even put in the dog tracks.
- Thank you, lieutenant.
Mr.
Overbrook, have you had much experience as a tracker? Yes, sir.
I was born in big-game country and I worked as a guide quite a spell, and I've tracked for the police a time or two.
I wonder if you'd step down to the board and tell us everything you saw and did on the morning when you went out to backtrack Robert Fleetwood.
Oh, yes, sir.
All right, sir.
Uh, you see, this was the next morning after Mr.
Fleetwood had been to my house.
See, now, this is my house, and I came out here, and this is-- Oh, Mr.
Burger, do you mind if I just use my hands? - It's-- - Go ahead.
Well, you see, I came out here, and I started there, and I picked up-- These are Fleetwood's tracks as he came from the car the night before up to the house.
Okay.
And this is where I started and backtracked him around to here, where the car had been sitting.
- The car was about there? - Well, yes, sir, just about right there.
Now, this where it backed up and turned around and drove off down the road, of course.
- Like this? - Yes, sir.
Now, when I got to this point, I could see right here that some woman had jumped down from the back of the car, right from the trunk, and run down to the road, right? These are her footprints.
And then from here, she walked back up from the road and got in the car.
Now, wait a minute.
As an experienced tracker, it was beyond question clear to you that the woman jumped from the car, ran to the road, and then walked back up and got in the car again? Yes, sir.
Fellow wouldn't have to be much of a tracker to tell that, not in that soft ground.
All right, after you'd found these tracks and everything, what did you do next? Well, I figured the sheriff ought to know about this, so I-- I walked back up along here-- These are my footprints as I went back up to my little farm road.
--and then along here.
And I got a load of scrap lumber, and I brought it back and I spread it out along here, so-- And-- So that people could get out there without messing things up.
Now, let's see.
This would have gone something like this? Yes.
Yes, sir.
That's-- That's fine.
That's All right, what then? Well, then I went back in my house and telephoned the sheriff.
Thank you, sir.
You may take your seat.
- Yes, sir.
- In the witness stand, Mr.
Overbrook.
Yes, sir.
Mr.
Overbrook, in your opinion, could anyone have gotten from that car, to it or away from it, without leaving tracks? Heh-heh.
Not unless he was a bird.
[BOTH LAUGH.]
Cross-examine.
If those are your tracks, you'd better tell me now.
But they're not mine.
I don't know whose they are, but I've told you the truth.
Does counsel wish to cross-examine? Yes, I beg your pardon, Your Honour.
I do have one question.
Mr.
Overbrook, you say that no one could get to or from the car without leaving tracks.
Now, suppose a very light person in sock feet, say, making every effort to conceal his tracks-- Well, do you mean such a person could find no path to that car which wouldn't be clearly evident? Mr.
Mason, the way the ground is around there, and there's hardly any grass at all, I'm sorry, it just couldn't be done.
Thank you, Mr.
Overbrook.
That's all.
JUDGE: You may step down.
- That's our case, Your Honour.
I move that the court dismiss this case and free the defendant from custody.
There is certainly no evidence sufficient to show that she is in any way connected with the death of the deceased.
On the contrary, Your Honour.
The evidence here is beyond dispute.
Somebody had to drive the car out of that field and back up the highway and off into the canyon.
An eyewitness's testimony put the defendant at that car, and her own footprints in the muddy field irrefutably confirm that testimony.
The purpose of this hearing is only to prove that a crime has been committed and to show reasonable grounds for believing that the defendant committed that crime.
I've not only proved that, I've proved that no one else could've committed it.
Yes, your evidence is ample, Mr.
Burger.
Motion denied.
However, I see we've reached the noon hour.
Court will adjourn until 2 this afternoon.
Defendant remanded to custody of sheriff.
Stand adjourned.
Lunch, Perry? We'll grab some sandwiches along the way.
Along what way? We're going to Overbrook's to examine those prints and do a little reconnoitring.
Come on.
Perry.
Why were you so easy on Fleetwood? Well, he's lying about Mrs.
Allred, but until I know why, pushing him could do more harm than good.
And he couldn't have driven the car away himself, because he left just one set of footprints, leading from the car to the house.
Now, from here to there, where the trunk of the car would be, it's about six feet.
- Coming and going.
- That's right.
Perry, I hate to say this, but how could Fleetwood be lying about your client? After all, he knew nothing about the tracks coming back when he said she ran away from the car.
DELLA: Maybe they're his girlfriend's.
Bernice Archer came out here.
Now, she could have-- No, no, we checked her thoroughly, just as the police must have.
She was positively in town all Monday evening and all Monday night.
- I tell you, to me it just looks hopeless.
- Maybe not.
Della, start here and run toward the road.
But the car was here.
There aren't any prints.
I know.
Try it anyway.
- Run? - Run.
Starting here.
Come on, now.
Oh.
Well? What Paul said may change the whole conception of this thing.
We'd better get back to court.
What I said? What did I say? Your Honour, I strenuously object to this.
Counsel has had every opportunity to examine Miss Archer.
For him to recall her now-- Your Honour, I can now definitely state that if I'm permitted this cross-examination, I can bring out evidence which will exonerate the defendant and completely refute Robert Fleetwood's testimony.
Well, in that case, the situation becomes quite different.
The Supreme Court has held that the order of examination of witnesses is exclusively in the discretion of the trial court.
It has also held that the trial court exists for the purpose of doing justice and not for enabling lawyers to practise legal gymnastics at the expense of the equity.
The court's going along with Mr.
Mason here.
Miss Archer, take the stand again, please.
Now, Miss Archer, just a few questions about the night of the murder.
Certainly, Mr.
Mason.
You previously testified you spent the evening with your sister.
Yes.
Did you get any telephone calls at your sister's house? Telephone calls? Not that I remember.
Is the phone number Olive 17723 familiar to you? Yes, that's my sister's number.
I have a record here of a long-distance call put through to you at that number on Monday, the night of the murder.
Now, I ask you now, did you speak to Robert Fleetwood that night? - I may have.
- Well, did you or did you not? Yes, I did.
MASON: Now, Miss Archer, when you spoke to Mr.
Fleetwood on the phone the night of the murder, did he tell you he needed your help? ARCHER: No.
- Did he tell you he wanted to involve Mrs.
Lucille Allred in a murder already committed or in process or planned? No.
Did you drive to the Overbrook place, Miss Archer, sometime just before dawn the morning after your visit with your sister? And weren't yours the woman's tracks found near the car? No, they were not.
Wasn't this the scheme Robert Fleetwood evolved to implicate the defendant, Mrs.
Lucille Allred? - No.
- No? Then was it your scheme, Miss Archer? That's all.
Your Honour, now for a point of proof, I would like to have Mr.
Overbrook return to the witness stand.
Mr.
Overbrook, please.
MASON: Now, Mr.
Overbrook, will you kindly explain how the tracks of this woman prove that she ran from the car to the road and then walked back to the car from the road? Well, they just show it, is all.
You see, they start there at the trunk-- No, no, Mr.
Overbrook, what I mean is this: How do these tracks prove that this woman first didn't walk to the car from the road and then run from the car to the road? Well, I-- Gosh, Mr.
Mason, I reckon she could.
I never thought about that.
Only-- Now, wait a minute.
After she got back to the car, or in it, how'd she get from there around and into the trunk without making any sign? - What if the car wasn't there? - Huh? Well, let me illustrate.
Suppose a certain woman wanted to implicate Mrs.
Allred and protect Robert Fleetwood.
And suppose Fleetwood and this woman invented the story about Mrs.
Allred being in the trunk.
And early on the morning after the murder, this woman took a lipstick of the same brand Mrs.
Allred carries and went out to where the car had been sitting and left that lipstick there in order to confirm their story.
Now, wouldn't it be quite evident to this woman when she got there that if she walked out onto that field, she would inevitably leave tracks? Well, sure, unless she was blind.
But suppose the woman were bright enough to have walked from here up to here, and then, by using a piece of brush or something to stand on, she was able to cross this area here where the car had been, and then she had run along here back to the road.
Now, if she had done that, wouldn't she have left the same tracks that you discovered? Well, she sure would.
And come to think of it, there was a little bush growing right there that she could have stepped on and jumped to that other spot without leaving any sign, because it was already messed up on account of the fact that the car had been parked right over it.
Then those tracks could have been made without anyone having been in the trunk of the car at all? Well, yes, sir.
I guess you could be right.
Now, Mr.
Overbrook, is the telephone number Olive 17723 familiar to you? No, sir, I never even heard the number till you brought it up here in court.
But Mr.
Fleetwood called that number from your house.
It's a very small house.
You must have heard him.
No, sir.
I see.
He must have made the call while you were out of the house.
MASON: Hm.
Now, Mr.
Overbrook, the day we called on you, I, uh-- - I noticed your dog, Prince.
- Yes.
I also noticed, uh, they have, uh, his tracks here on the sketch.
Well, anywhere I go, Prince is always with me, unless I give him a job to do, like watching the house or something.
I see.
Now, will you explain to this court how it happens that there are so many of Prince's tracks in this area, where you left the car, and none at all through here, where you were going to the car? Well, to tell you the truth, I-- I don't know.
I guess he was, uh I guess he was out chasing a rabbit or something.
Isn't it a fact that your tracks here and your tracks over here were made at two different times, and that Prince was with you one time and not the next? Of course not.
That's crazy.
How could it be, when you can see right there that--? I'll tell you how it could be.
On the night of the murder, on Monday night, when Fleetwood was in bed, you left Prince to watch him.
And right then, without taking your dog along, you backtracked Fleetwood along here to the car.
Lying in the car, unconscious, you found Bertrand Allred, a man you hated, a man you had threatened to kill.
And you drove that car out of the field down to the highway, and then you sent it off into the canyon.
No, no, I never.
I never done it.
And later you suddenly remembered that while your tracks went to where the car had been, your tracks did not return from the car.
So you got those boards and laid them out on the field like this.
And then you walked out on those boards to this point here, stepped off and walked back towards the farm road, making these tracks here at that time.
And then you went to your house.
Isn't that the truth, Mr.
Overbrook? Isn't that exactly the way you killed Bertrand Allred? No, he was already dead.
No, he was dead when I got there.
I just hauled him away.
You can see the spot I was in if they found him there.
- I was afraid-- - No, that's a lie.
That isn't true, that's a lie.
He wasn't dead.
He was all right.
[COURT MURMURING.]
Well, actually, Paul started me thinking right when he mentioned the woman's tracks in reverse, as coming and going.
Well, I guess I can't complain, Perry.
After all, you got an innocent woman off and you handed me the murderer.
- I did? - Certainly.
Which one? Why, Overbrook, of course.
Don't you see? Fleetwood never would have left Allred if Allred were dead.
He expected Allred to come to and drive away, only Overbrook got there first.
What if Allred was hurt worse than Fleetwood thought and really was dead? - Well, in that case, what--? - On the other hand, Overbrook could be honestly mistaken.
He might have thought Allred was dead when he wasn't, and the crash could have killed him.
Thank you, Mr.
Mason, you've been a big help.
Heh.
Anytime at all, Mr.
Burger.
BURGER: Heh.
All right, who really did kill Allred? Overbrook.
Burger had it right the first time.
I just couldn't bring myself to the point of agreeing with him.
It might establish a dangerous precedent.
[ALL CHUCKLE.]
Hello, hello, hello.
Ah.
What a welcome sight.
May I assume that a share of this pale restorative is for me? Naturally.
You didn't think Mother was going to swill all of it, did you, Bertie? Well, of course not, my dear Patricia.
Though I will admit your mother is a woman of infinite capacity.
Mmm.
Though not necessarily for martinis, you understand.
You're droll, Bertie, very droll.
Oh, Lucille, do you suppose cook could hold up dinner a bit? I kept Bob Fleetwood working so late I asked him to join us.
lf, uh If it won't cause an upheaval, you understand.
- Of course not.
- Thank you.
By the way, Bertie, your car is blocking the driveway pretty badly.
I had to clip the hedge to miss it.
I know.
I thought I was going out again.
I'll-- I'll move it presently.
Well, it could be pretty dangerous for somebody who doesn't know the drive.
All right, my dear, all right.
Call off the dogs.
I'll move my car right now.
[ENGINE STARTS.]
Lucille! Pat! Lucille! What happened? Who is it? - It's Bob.
- Bob Fleetwood? - That's right.
- Here, put him over here.
- What--? What's wrong? BERTIE: I don't know.
I found him lying in the-- In the driveway, by the hedge.
Oh, no.
No, you couldn't have hit anyone.
Is he hurt badly? I think he's dead.
Anything interesting this bleak Monday morning? This little item on top might bring you a ray of sunshine.
Just this bare-naked cheque? Just that bare-naked 2,500 clams.
Della, when it's over 1,000, you don't refer to them as clams, they become dollars.
Lucille Faxon-Allred, - Now, that's what really puzzles me.
- What? Well, there's a wire here from the same woman that came just a little bit ago, only this is from Mountain View.
Let me see it.
"Please accept cheque for $2,500 as a retainer to represent my daughter, Patricia Faxon, or myself if the need should arise.
Lucille Faxon-Allred.
" - Isn't she married to Bertrand Allred? - Yes, the mining man.
He's a pretty slick operator, I understand.
- Here.
- What do you want me to do with it? Well, it's drawn on our bank.
Just deposit it to my special account.
Ask the cashier to give it a good, close look.
You don't know what she wants you to do.
I don't know if it's her cheque.
We can give her back the money if it turns out to be something I don't wanna handle.
Oh, and before you go, see if you can get her on the telephone.
Information, I'd like Bertrand Allred, [PHONE RINGS.]
- Hello? DELLA: Mrs.
Allred, please.
- She's not at home.
Who's calling? - Mr.
Perry Mason, the attorney.
Can you tell me when she will be home? Well, is it anything important? Can I take a message? Just have her call Mr.
Mason, please.
Yes, well, all-- All right, I-- I'll tell her.
What about Mrs.
Allred's cheque? Good as gold.
I wish we had a dozen of them.
In fact, I gather it didn't even make a dent in her account.
[PHONE BUZZES.]
Yes, Gertie? Hold on, just a minute.
Mr.
Bertrand Allred is here.
Send him in, please, Gertie.
He didn't waste any time getting here.
Good morning, Mr.
Allred.
Come in, won't you? I'm delighted to meet you.
I've heard a great deal about you, of course.
- Who hasn't? Thank you.
- Please sit down.
Oh, and Miss Street, my confidential secretary.
- Delighted.
- How do you do? Are you representing my wife, Mr.
Mason? Why do you ask? I shall be quite frank with you, Mr.
Mason.
But if you don't already know this, I hope you will regard it as confidential.
My wife has run away with Bob Fleetwood, my secretary.
Actually, "secretary" is a misnomer.
He really was my right hand.
- When was this? - Night before last.
Saturday night, to be exact.
It really stunned me, Mr.
Mason.
What is it exactly you are here to see me about, Mr.
Allred? If Lucille wants a divorce, heaven knows I shan't stand in her way, much as I would regret it.
But if you could just persuade her to come back and to go about it a little less sensationally, you know-- You're concerned only about the newspapers? Well, to tell the truth, I need Bob.
Now, I'm dissolving a partnership with a man named Jerome, and actually, Bob is much closer to many of the details than either Jerome or myself.
And all you want me to do, if I should happen to be in touch with them, is urge them to come back.
I'll cooperate with them in any way they wish.
Very well.
If the opportunity arises, I'll be glad to pass along your message, Mr.
Allred.
You have been most generous with your time.
[DOOR OPENS, CLOSES.]
Della, see if Paul Drake can come in.
I wanna find this Lucille Faxon-Allred.
You're going to represent her when you don't even know what she wants? I don't know what she wants, Della, but any woman married to Bertrand Allred can use some help.
I'm so glad you could come, Mr.
Mason.
- Did you hear from my mother? - Yes, I heard from her.
Mr.
Mason Well, you see, Mr.
Mason, I thought it was silly just to retain a lawyer and not explain anything to him.
So I'm gonna tell you all about it, and I'll do whatever you say, even if you think I should go to the police.
You probably don't realise that you're a very singular person, Miss Faxon.
- Go ahead.
- Well The night before last, Saturday, I-- I hit a man with my car.
You know we have some high hedges in front of our place? - Yes.
- Well, that night, Bertie parked-- - Your father? - No, no, he's my stepfather.
He parked his car so that it stuck out in the driveway and-- And I had to swerve to keep from hitting it.
I don't quite understand.
I was driving pretty fast and, well, I felt this sort of a-- A thump, and-- And I thought it was the hedge, and then later, when Bertie went out to move his car, well, he found Bob.
- Was he injured badly? - Yes, we thought he was dead.
And then he came to, but he didn't know who he was or anything.
You mean he had amnesia? Mm-hm.
But Bertie was going to take him to the hospital, and then he said, "What if he should die?" Well, I would be charged with manslaughter and maybe even prisoned.
- Go on.
- So-- So Mother and Bertie took him away someplace, but I don't know where.
And what did you do? - I stayed here, but - But what? I don't know, Mr.
Mason.
It just doesn't seem right letting Mother get all involved just to cover up for me.
And besides, if Bob does die, I'm not going to try to hide it.
And if he doesn't, well, what do we gain? And the way things are, I don't exactly trust my stepfather.
What do you mean, "the way things are"? Well, Mother's divorcing Bertie and he's pretty upset about it.
You see, she has quite a fortune, and it isn't community property.
Has it occurred to you that you might not have hit Fleetwood with your car? But if I didn't, what happened to him? Suppose someone slugged Fleetwood and then left him lying there, where he would have been if you had hit him.
Do you think Bertie tried to kill him and put it on me? I don't know.
But if he did, it means he's dangerous, and the danger could extend to your mother.
- Well, looks like you ran into the rain.
- Uh-huh.
- What did you run into? - Pay dirt.
Mrs.
Allred is registered at the Mountain View Motel.
How long will it take us to get there? About an hour.
Sooner if this rain lets up.
- Oh, hello, Della.
- Hello.
- You sure this is the right unit? - This is it.
But shouldn't we check at the office before we go in? I don't think that will be necessary.
Face powder.
I guess we're a little late, Paul.
They haven't been gone long.
It's still warm in here.
Ice cubes haven't quite melted.
That room has been occupied.
- Fleetwood? - Probably.
Well, there are only two glasses.
Apparently, Mr.
Allred wasn't with them.
Their daughter told me the three of them went away together, and Allred told me his wife and Fleetwood ran off together.
- Who's telling the truth? - Good question.
See what you can find out from the manager.
- I'll wait in the car.
- Okay.
Perry, they left about 20 minutes ago.
The manager remembers hearing their car pull out.
And earlier, Mrs.
Allred went to the office and put through a call to El Paseo 67729.
When we get back to town, get your men started looking for Fleetwood and Mrs.
Allred again.
Put a tail on her husband when you locate him.
Okay.
Mr.
Mason, this is my mother.
I'm relieved to see you, Mrs.
Allred.
How do you do, Mr.
Mason? Well, I'm a bit confused at the moment.
According to your husband, you ran away with Bob Fleetwood.
Why, that's preposterous to think such a thing.
I see.
Then where is Bob Fleetwood? I don't know.
MASON: Well, you were with him at the Mountain View Motel, weren't you? Yes.
Then what happened? Well, we were sitting in the motel room last night, waiting for my husband to arrive, having a drink.
Bob seemed perfectly comfortable.
But then he excused himself and went into his room.
- Through the bathroom? - Yes.
When he didn't come back for a long time, I began to get worried, so I called to him.
He didn't answer.
I went into his room and he'd gone.
Just walked out through the door, taken my car and driven away.
Had, uh, Fleetwood regained his memory? No.
I don't know.
What time did he leave? What time? Well, about a quarter to 9.
Mr.
Mason, this whole thing has me so upset, I-- I'm afraid I'm not very clear-headed in an emergency.
How did you get back here from the motel? I brought her.
Mother called me here earlier, when Bertie didn't show up at the motel.
- Had he been there? - Yes, off and on all weekend.
He was keeping an eye on Bob Fleetwood.
What time did you arrive at the Mountain View? [KNOCKING ON DOOR.]
Why, hello.
This is Lieutenant Tragg of Homicide.
Mrs.
Allred.
Her daughter.
Are you Mrs.
Allred's lawyer, Mason, or are you just acting as an MC? I happen to be her attorney, lieutenant.
When was the last time you saw Robert Fleetwood, Mrs.
Allred? You're entitled to the reasons for any questions before you answer them, Mrs.
Allred.
Very well.
Your car was found at the bottom of a canyon completely wrecked.
- Fleetwood was in that car and dead.
- Dead? Well, then he must have [LUCILLE SIGHS.]
I last saw him about a quarter of 9 last night, lieutenant.
You and your daughter had better come in to headquarters.
Well, now, wait a minute, Tragg.
There's no justification for that.
Isn't there? The car was in neutral.
Nobody drives down a steep grade like that.
Somebody stopped the car, got out, released the brake, and let the car plunge down the grade and through the guardrail.
In other words, Fleetwood was murdered.
Your client left the Mountain View Motel with Fleetwood in that car, and about a half an hour later, she returned alone and on foot, at which time her daughter picked her up.
Now you, uh, still think there's no justification? [KNOCKING ON DOOR.]
I'll, uh, get that.
I'm afraid there's been a mistake, Mrs.
Allred.
- You mean it wasn't my car? - Yes, it was your car.
The facts remain the same, but there was a mistake in identification.
The, uh, dead man wasn't Fleetwood.
- Who was he? - He was your husband.
- You'd better come along.
- Oh, no.
Mother.
Paul said he's onto something big and he's staying with it.
In the meantime, he said that he found out that Mr.
Allred had received severe blows on the head before he went over the cliff.
In fact, these could've killed him, but the police can't be sure yet.
[PHONE BUZZES.]
Yes, Gertie? Oh, good, put him on.
Hello, Paul.
- Perry, I think we found Fleetwood.
- Where? Up the canyon from Mountain View, about eight miles east in a small ranch house.
Is he all right? He's still got amnesia, if that's what you mean.
Now, listen.
There's a turnoff on a little sideroad.
A man by the name of Overbrook has the ranch.
- You'll see a sign.
- Good, Paul.
- We'll see you when we get back.
- Okay, Perry.
When we get back from where? How would you like to be married for a couple of hours to a fairly nice-looking man about, uh, 40 years old? [VEHICLE APPROACHES.]
[DOG GROWLING, BARKING.]
[DOORBELL BUZZES.]
Good boy.
That's enough, I hear it.
- Mr.
Overbrook? - Yes, ma'am.
Is Robert here? Robert Fleetwood? - Robert? - Yes.
It's her husband, the man that lost his memory.
Oh, sure, come on in.
It's okay, Prince.
They're all right.
- How'd you know he was here? - We've been tracing him bit by bit.
- Is he all right? - Yes, ma'am.
I reckon he's been sleeping, mostly.
I'll go get him.
Uh, just a moment, Mr.
Overbrook.
Chances are, Mr.
Fleetwood won't recognise us.
It's happened before.
Sometimes if we appear suddenly, he snaps right out of it, so don't tell him who we are.
Okay, sure.
Well You're a fine boy, Prince.
OVERBROOK: They're right in here.
They just wanna talk to you.
Robert.
- Oh, Robert, we were so worried.
- What is this? - Who is she? - Oh, Robert.
Don't you remember me? I'm Mabel, your wife.
You are not.
I never saw her before in my life.
How do you know? Well, I just feel it.
I know, dear.
That's the way it was last time.
Don't you remember? Come on, let's go home.
Come on, come on.
Come on, Robert.
In view of certain past accusations, lieutenant, I'd like this instance of my cooperation with the police duly noted.
Remember I turned Fleetwood over to you.
Oh, uh, would, uh, carved in stone be satisfactory, or shall we etch it in bronze? Whichever is more expensive.
I also think it would be no more than fair to tell me just what Fleetwood told you.
Oh, I think you have that coming to you.
Well, before we took him to General Hospital for observation, Fleetwood said that he was walking along the hedge at the Allred place Saturday night, and something hit him.
And now, while he can remember everything up to that point, he can't remember a thing since.
Mm-hm.
That's the way he'd react if he had true amnesia.
[DOOR OPENS.]
Mrs.
Allred.
Thanks for bringing my client up here.
One good turn deserves another.
Lieutenant Tragg still maintains that you left the motel with your husband.
Lieutenant Tragg is wrong.
I didn't.
And no one could possibly have seen me in that car.
I wasn't there.
You said Fleetwood left the motel about a quarter to 9 and Pat picked you up about a quarter after.
Now, I was there at 9:00.
Where were you? I told you I wasn't very clear-headed in an emergency.
When I was left alone at the motel, the only thing I could think of was to get away, to get back home.
I ran down to the road to try and get a hitchhike.
- That was a rather foolish thing to do.
- Mr.
Mason, I was frightened.
- Of what? - Not "of what.
" For Pat.
I went through that whole ordeal with Bob Fleetwood just to protect her.
She's my daughter, Mr.
Mason.
She's the only thing in the world I care about.
Then what happened when you went out to the road to hitchhike? Well, then I realised how foolish it was, so I-- I went back to the motel to try and telephone a taxi.
Before I could do that, my daughter arrived.
What was your general feeling about your husband? Well, a woman naturally likes to feel that the man she married is rather special.
At first, anyway.
Then to realise gradually, day by day, more clearly, more inescapably, he's cheap, common, greedy, a liar and a cheat, both professionally and personally.
Well, it's a pretty bleak experience, Mr.
Mason.
I can well believe it.
I was going to divorce him, even though he threatened to make it the most shameful case ever tried.
I understand you have a considerable fortune which wasn't community property.
Do you think he might have been willing to kill you for it? He might have.
I didn't kill him, Mr.
Mason.
And if I had, it wouldn't be because I was afraid he might kill me, if that's what you're getting at.
I wasn't getting at it.
But let's say the district attorney will.
My man at headquarters picked something up, Perry.
Fleetwood's girlfriend came to see him at the hospital.
She brought him cigarettes and a razor.
- Who is she, Paul? - Her name's Bernice Archer.
She lives in an apartment out on Laurel.
How long did she stay at the hospital? - Mm, about half an hour.
Uh-huh.
- Then she went home? I think we should call on Miss Archer, Paul.
- Well, you don't need me, do you? - Yes, I want you to question her.
Just say you're a detective, but not whether you're police or private.
Maybe it'll help get information.
[MELLOW MUSIC PLAYING OVER SPEAKER.]
[DOORBELL BUZZES.]
I'm Paul Drake, a detective.
I'd like to talk to you.
- May I see your credentials, please? - Surely.
Just a minute, please.
I see.
A private detective.
- That's right.
- And this gentleman with you? My name is Mason.
I'm an attorney.
- Oh, you're Perry Mason? - That's right.
Well, gentlemen, I don't know what I can do for you, but if you want to come in for a few minutes, I suppose it's all right.
MASON: Excuse me.
PAUL: Mm-hm.
Thank you, Miss Archer.
We just want some information.
So I assume.
Won't you sit down? Thank you.
Now, Miss Archer, is it too personal a thing to ask if there's a romantic attachment between you and Bob Fleetwood? I'm very fond of him, and I think it's mutual.
And naturally, you were quite upset when he called you earlier today.
Oh, but I'm afraid I wasn't, Mr.
Mason.
Why should I be upset? You must have known by the papers that he'd run away with another woman, that her husband had been murdered.
When he called and told you he had amnesia and was in the hospital, then you weren't upset? - I don't quite understand.
- It's perfectly simple.
Bob's had brief spells of amnesia before.
The first thing he told me was not to worry, that he wasn't mixed up in anything.
Well, Miss Archer, you were entirely right when you said you wouldn't be able to help us.
Thank you again.
Good night.
Good night, Mr.
Mason, and good luck with Mrs.
Allred.
- You'll certainly need it, won't you? - Why? Well, it won't be easy to get her off, will it? - She's obviously guilty.
- But why are you so sure? Well, who else could it be? Mr.
Allred obviously went out there secretly in the rented car, so no one knew he was there except his wife and Bob.
Bob didn't do it, so she must have.
Well, those are the only people we know of who knew where Allred was.
Lots of others might have known.
You, for instance.
Oh, well, you can grasp at straws, of course.
Good night, Mr.
Mason.
- Coming, Paul? - Mm-hm.
Good night.
What's he doing here? Well, I was very disappointed at your loss of memory, Fleetwood, and, uh, Mason thinks he can help you.
- I don't think you can.
- Well, I'll be happy to try.
Now, as I understand it, since last Saturday night when you were hit on the head, you couldn't remember a thing that happened to you until you talked to Lieutenant Tragg yesterday.
However, Monday you made a phone call from Mountain View to Westgate 69811.
What of it? Why shouldn't I call my girl? You didn't even know you had a girl then, Fleetwood, let alone her phone number.
Withholding information in a murder looks even worse when you could be the killer yourself.
All right.
All right, I'll tell you.
I'll tell you what a spot I was in.
Bertrand Allred was about to steal a fortune from his partner, Stanley Jerome.
How? Well, they had bought a mining property.
Allred forged a fake report of the survey showing that it was worthless.
Well, on Saturday night, I stumbled across the true report showing that it was worth millions.
- You told Allred you found it? - Yeah, that was my mistake.
Well I was so surprised, puzzled, when I saw it, I blurted out, "What's this?" But when I saw his face, I knew what it was.
He'd started after me.
I turned to run.
I didn't get very far.
He must have hit me.
Anyway, I blacked out.
- I think he thought I was dead.
- And the next thing you remembered? I came to in the living room with the two women in hysterics, Pat thinking that she'd killed me with her car.
I must have been in a state of shock and I was scared.
Couldn't think of anything else, and so I came up with the amnesia thing.
MASON: That was when Mrs.
Allred took you to the Mountain View Motel? That's right.
Mr.
Allred stayed with us at the motel until Sunday night.
Then Monday night, Allred came back to kill me.
I think he was gonna kill his wife too, while he was about it.
Anyway, he pulled a gun, he made his wife get into the trunk of the car-- - In the trunk? - I know, but he did.
- He made me drive.
- Go ahead.
Well, as we started down the mountain road, we were creeping along, going downgrade in low gear.
Suddenly I gave it the gun, and then I slammed the brakes on.
Allred was sitting next to me, sideways.
Threw him off balance.
He slammed him into the dash, and I grabbed the gun and conked him with it before he could get up.
But I don't ever want to go through anything like that again.
After that you went to Overbrook's farm.
TRAGG: Why? Well, Overbrook had lost some money too-- Quite a bit of it.
--in a deal with Allred.
He said that if he ever came on his property, he'd kill him.
Overbrook didn't know me, so I figured I'd be safe.
Anyway, I drove the car up there, I pulled it off into a muddy field, and then I headed for the house.
- Leaving Mrs.
Allred in the trunk? - Oh, no.
No, I was gonna let her out, but when the car stopped, she managed to open the trunk.
- How could she do that? - I don't know.
Maybe it wasn't closed.
Anyway, she jumped out and she took off.
I called to her, but she kept right on running.
Well, since you were so afraid of Allred, why--? That's enough for now.
- I want to ask-- - I said you could hear his story.
I didn't say you could cross-examine him.
You'll have a chance for that in court.
[DOOR CLOSES.]
Just a friendly word before you get yourself out on a limb for Mrs.
Allred.
Just before you got here, I received information that completely confirms Fleetwood's story in every detail.
And, um, he has no knowledge of that information yet.
Are you gonna tell me what it is? Well, that's, uh, for the district attorney to say.
And the state will further prove that a witness found tracks in the muddy field which show unmistakably where the murder car drove in, where Fleetwood left it and walked to the house, where the defendant, Lucille Allred, jumped from the trunk, ran out to the road, and where she then walked back and got in the car, where the car turned around and drove away, and incidentally, where her lipstick was discovered lying on the ground.
All these facts, the state will prove in support of its contention that Lucille Allred did willfully and with malice of forethought drive her husband to the edge of the mountain cliff, disengage the gears of the car, and then send him over that cliff to his death.
Do you wish to make an opening statement, Mr.
Mason? Defence will reserve its remarks for the presentation of its case, Your Honour.
I call Robert Fleetwood to the stand, please.
And what happened then, Mr.
Fleetwood, after you left the Overbrook place with Perry Mason and Miss Della Street, the woman who claimed to be your wife? They brought me to police headquarters.
I think that's all.
Cross-examine.
How did it happen that all your identification and personal effects were on Allred's body when it was found, and that you had nothing whatever on your person when you arrived at police headquarters? He took all that stuff off of me the night he hit me in the head.
- Why? - I don't know.
You could never tell what was on Allred's mind.
You didn't put these articles in his pocket yourself after you had knocked him unconscious? No.
Isn't it true that you could simply have walked out of the motel on Mrs.
Allred any number of times between Saturday night and Monday night? I don't know, I guess I could.
Wasn't the real reason you didn't walk out of that motel the fact that you knew there were millions in the true mining report, and that you thought there might be an opportunity for you to kill Bertrand Allred and then cheat Stanley Jerome and Mrs.
Allred out of their share of this property? No.
No further questions.
BURGER: Lieutenant Tragg, you were present when a diagram was made of the Overbrook property, this diagram which has been enlarged onto this blackboard? Yes, I was.
Can you tell us, of your own personal knowledge, whether this sketch includes all the tracks that were found in that area? Yes, I can.
We recorded every track, sign and indentation in the whole area for a hundred yards around.
- We even put in the dog tracks.
- Thank you, lieutenant.
Mr.
Overbrook, have you had much experience as a tracker? Yes, sir.
I was born in big-game country and I worked as a guide quite a spell, and I've tracked for the police a time or two.
I wonder if you'd step down to the board and tell us everything you saw and did on the morning when you went out to backtrack Robert Fleetwood.
Oh, yes, sir.
All right, sir.
Uh, you see, this was the next morning after Mr.
Fleetwood had been to my house.
See, now, this is my house, and I came out here, and this is-- Oh, Mr.
Burger, do you mind if I just use my hands? - It's-- - Go ahead.
Well, you see, I came out here, and I started there, and I picked up-- These are Fleetwood's tracks as he came from the car the night before up to the house.
Okay.
And this is where I started and backtracked him around to here, where the car had been sitting.
- The car was about there? - Well, yes, sir, just about right there.
Now, this where it backed up and turned around and drove off down the road, of course.
- Like this? - Yes, sir.
Now, when I got to this point, I could see right here that some woman had jumped down from the back of the car, right from the trunk, and run down to the road, right? These are her footprints.
And then from here, she walked back up from the road and got in the car.
Now, wait a minute.
As an experienced tracker, it was beyond question clear to you that the woman jumped from the car, ran to the road, and then walked back up and got in the car again? Yes, sir.
Fellow wouldn't have to be much of a tracker to tell that, not in that soft ground.
All right, after you'd found these tracks and everything, what did you do next? Well, I figured the sheriff ought to know about this, so I-- I walked back up along here-- These are my footprints as I went back up to my little farm road.
--and then along here.
And I got a load of scrap lumber, and I brought it back and I spread it out along here, so-- And-- So that people could get out there without messing things up.
Now, let's see.
This would have gone something like this? Yes.
Yes, sir.
That's-- That's fine.
That's All right, what then? Well, then I went back in my house and telephoned the sheriff.
Thank you, sir.
You may take your seat.
- Yes, sir.
- In the witness stand, Mr.
Overbrook.
Yes, sir.
Mr.
Overbrook, in your opinion, could anyone have gotten from that car, to it or away from it, without leaving tracks? Heh-heh.
Not unless he was a bird.
[BOTH LAUGH.]
Cross-examine.
If those are your tracks, you'd better tell me now.
But they're not mine.
I don't know whose they are, but I've told you the truth.
Does counsel wish to cross-examine? Yes, I beg your pardon, Your Honour.
I do have one question.
Mr.
Overbrook, you say that no one could get to or from the car without leaving tracks.
Now, suppose a very light person in sock feet, say, making every effort to conceal his tracks-- Well, do you mean such a person could find no path to that car which wouldn't be clearly evident? Mr.
Mason, the way the ground is around there, and there's hardly any grass at all, I'm sorry, it just couldn't be done.
Thank you, Mr.
Overbrook.
That's all.
JUDGE: You may step down.
- That's our case, Your Honour.
I move that the court dismiss this case and free the defendant from custody.
There is certainly no evidence sufficient to show that she is in any way connected with the death of the deceased.
On the contrary, Your Honour.
The evidence here is beyond dispute.
Somebody had to drive the car out of that field and back up the highway and off into the canyon.
An eyewitness's testimony put the defendant at that car, and her own footprints in the muddy field irrefutably confirm that testimony.
The purpose of this hearing is only to prove that a crime has been committed and to show reasonable grounds for believing that the defendant committed that crime.
I've not only proved that, I've proved that no one else could've committed it.
Yes, your evidence is ample, Mr.
Burger.
Motion denied.
However, I see we've reached the noon hour.
Court will adjourn until 2 this afternoon.
Defendant remanded to custody of sheriff.
Stand adjourned.
Lunch, Perry? We'll grab some sandwiches along the way.
Along what way? We're going to Overbrook's to examine those prints and do a little reconnoitring.
Come on.
Perry.
Why were you so easy on Fleetwood? Well, he's lying about Mrs.
Allred, but until I know why, pushing him could do more harm than good.
And he couldn't have driven the car away himself, because he left just one set of footprints, leading from the car to the house.
Now, from here to there, where the trunk of the car would be, it's about six feet.
- Coming and going.
- That's right.
Perry, I hate to say this, but how could Fleetwood be lying about your client? After all, he knew nothing about the tracks coming back when he said she ran away from the car.
DELLA: Maybe they're his girlfriend's.
Bernice Archer came out here.
Now, she could have-- No, no, we checked her thoroughly, just as the police must have.
She was positively in town all Monday evening and all Monday night.
- I tell you, to me it just looks hopeless.
- Maybe not.
Della, start here and run toward the road.
But the car was here.
There aren't any prints.
I know.
Try it anyway.
- Run? - Run.
Starting here.
Come on, now.
Oh.
Well? What Paul said may change the whole conception of this thing.
We'd better get back to court.
What I said? What did I say? Your Honour, I strenuously object to this.
Counsel has had every opportunity to examine Miss Archer.
For him to recall her now-- Your Honour, I can now definitely state that if I'm permitted this cross-examination, I can bring out evidence which will exonerate the defendant and completely refute Robert Fleetwood's testimony.
Well, in that case, the situation becomes quite different.
The Supreme Court has held that the order of examination of witnesses is exclusively in the discretion of the trial court.
It has also held that the trial court exists for the purpose of doing justice and not for enabling lawyers to practise legal gymnastics at the expense of the equity.
The court's going along with Mr.
Mason here.
Miss Archer, take the stand again, please.
Now, Miss Archer, just a few questions about the night of the murder.
Certainly, Mr.
Mason.
You previously testified you spent the evening with your sister.
Yes.
Did you get any telephone calls at your sister's house? Telephone calls? Not that I remember.
Is the phone number Olive 17723 familiar to you? Yes, that's my sister's number.
I have a record here of a long-distance call put through to you at that number on Monday, the night of the murder.
Now, I ask you now, did you speak to Robert Fleetwood that night? - I may have.
- Well, did you or did you not? Yes, I did.
MASON: Now, Miss Archer, when you spoke to Mr.
Fleetwood on the phone the night of the murder, did he tell you he needed your help? ARCHER: No.
- Did he tell you he wanted to involve Mrs.
Lucille Allred in a murder already committed or in process or planned? No.
Did you drive to the Overbrook place, Miss Archer, sometime just before dawn the morning after your visit with your sister? And weren't yours the woman's tracks found near the car? No, they were not.
Wasn't this the scheme Robert Fleetwood evolved to implicate the defendant, Mrs.
Lucille Allred? - No.
- No? Then was it your scheme, Miss Archer? That's all.
Your Honour, now for a point of proof, I would like to have Mr.
Overbrook return to the witness stand.
Mr.
Overbrook, please.
MASON: Now, Mr.
Overbrook, will you kindly explain how the tracks of this woman prove that she ran from the car to the road and then walked back to the car from the road? Well, they just show it, is all.
You see, they start there at the trunk-- No, no, Mr.
Overbrook, what I mean is this: How do these tracks prove that this woman first didn't walk to the car from the road and then run from the car to the road? Well, I-- Gosh, Mr.
Mason, I reckon she could.
I never thought about that.
Only-- Now, wait a minute.
After she got back to the car, or in it, how'd she get from there around and into the trunk without making any sign? - What if the car wasn't there? - Huh? Well, let me illustrate.
Suppose a certain woman wanted to implicate Mrs.
Allred and protect Robert Fleetwood.
And suppose Fleetwood and this woman invented the story about Mrs.
Allred being in the trunk.
And early on the morning after the murder, this woman took a lipstick of the same brand Mrs.
Allred carries and went out to where the car had been sitting and left that lipstick there in order to confirm their story.
Now, wouldn't it be quite evident to this woman when she got there that if she walked out onto that field, she would inevitably leave tracks? Well, sure, unless she was blind.
But suppose the woman were bright enough to have walked from here up to here, and then, by using a piece of brush or something to stand on, she was able to cross this area here where the car had been, and then she had run along here back to the road.
Now, if she had done that, wouldn't she have left the same tracks that you discovered? Well, she sure would.
And come to think of it, there was a little bush growing right there that she could have stepped on and jumped to that other spot without leaving any sign, because it was already messed up on account of the fact that the car had been parked right over it.
Then those tracks could have been made without anyone having been in the trunk of the car at all? Well, yes, sir.
I guess you could be right.
Now, Mr.
Overbrook, is the telephone number Olive 17723 familiar to you? No, sir, I never even heard the number till you brought it up here in court.
But Mr.
Fleetwood called that number from your house.
It's a very small house.
You must have heard him.
No, sir.
I see.
He must have made the call while you were out of the house.
MASON: Hm.
Now, Mr.
Overbrook, the day we called on you, I, uh-- - I noticed your dog, Prince.
- Yes.
I also noticed, uh, they have, uh, his tracks here on the sketch.
Well, anywhere I go, Prince is always with me, unless I give him a job to do, like watching the house or something.
I see.
Now, will you explain to this court how it happens that there are so many of Prince's tracks in this area, where you left the car, and none at all through here, where you were going to the car? Well, to tell you the truth, I-- I don't know.
I guess he was, uh I guess he was out chasing a rabbit or something.
Isn't it a fact that your tracks here and your tracks over here were made at two different times, and that Prince was with you one time and not the next? Of course not.
That's crazy.
How could it be, when you can see right there that--? I'll tell you how it could be.
On the night of the murder, on Monday night, when Fleetwood was in bed, you left Prince to watch him.
And right then, without taking your dog along, you backtracked Fleetwood along here to the car.
Lying in the car, unconscious, you found Bertrand Allred, a man you hated, a man you had threatened to kill.
And you drove that car out of the field down to the highway, and then you sent it off into the canyon.
No, no, I never.
I never done it.
And later you suddenly remembered that while your tracks went to where the car had been, your tracks did not return from the car.
So you got those boards and laid them out on the field like this.
And then you walked out on those boards to this point here, stepped off and walked back towards the farm road, making these tracks here at that time.
And then you went to your house.
Isn't that the truth, Mr.
Overbrook? Isn't that exactly the way you killed Bertrand Allred? No, he was already dead.
No, he was dead when I got there.
I just hauled him away.
You can see the spot I was in if they found him there.
- I was afraid-- - No, that's a lie.
That isn't true, that's a lie.
He wasn't dead.
He was all right.
[COURT MURMURING.]
Well, actually, Paul started me thinking right when he mentioned the woman's tracks in reverse, as coming and going.
Well, I guess I can't complain, Perry.
After all, you got an innocent woman off and you handed me the murderer.
- I did? - Certainly.
Which one? Why, Overbrook, of course.
Don't you see? Fleetwood never would have left Allred if Allred were dead.
He expected Allred to come to and drive away, only Overbrook got there first.
What if Allred was hurt worse than Fleetwood thought and really was dead? - Well, in that case, what--? - On the other hand, Overbrook could be honestly mistaken.
He might have thought Allred was dead when he wasn't, and the crash could have killed him.
Thank you, Mr.
Mason, you've been a big help.
Heh.
Anytime at all, Mr.
Burger.
BURGER: Heh.
All right, who really did kill Allred? Overbrook.
Burger had it right the first time.
I just couldn't bring myself to the point of agreeing with him.
It might establish a dangerous precedent.
[ALL CHUCKLE.]