Perry Mason (1957) s02e02 Episode Script
The Case of the Lucky Loser
( noirish jazz theme playing ) ( train engine chugging ) I do wish I were going with you to Mexico instead of staying here in Los Angeles.
Well, this trip's gonna be too dangerous, Harriet.
It's in the most rugged territory in the Sierra Madre Mountains.
It's no place for a woman, especially my wife.
It's almost no place for an amateur archaeologist either.
Thanks for coming as far as Colegrove Station.
Write every day, Lawrence.
Don't forget.
I won't.
MAN: Colegrove Station.
Goodbye, my darling.
Goodbye.
Uh, better get a cab before they're all gone.
( inaudible dialogue ) ( mysterious theme playing ) Thank you very much.
Darling, I could hardly wait to see you.
HARRIET: All right.
Give me the keys to the car.
I'll go home and say good night to my father-in-law and let him know I've returned from the station.
I'll see you later.
( engine starting ) All right, Egan, it's me, Lawrence Balfour.
Turn on the lights.
( gunshot ) MAN ( over phone ): Hello.
Steven Boles speaking.
Steve, this is Larry Balfour.
I'm in trouble, terrible trouble.
Mr.
Balfour, I thought you were on your way to Mexico.
What happened? I shot a man.
I killed him.
You what? I followed Harriet off the train at Colegrove Station.
I overheard her make an appointment to meet someone.
Look, Steve.
You've got to help me.
Well, I will, of course, Mr.
Balfour.
Where are you now? Home.
I came home.
Where did this happen? At, uh- At Sleepy Hollow, cabin number 5.
I see.
And who is the man? George Egan.
Where's your wife? I don't know.
She left before I killed him.
She- Did anyone see you come in the house? I don't think so.
My father must be asleep, and the servants too.
What about your nephew, Ted? Is he back from that party yet? Is he asleep? I don't know.
Look- What am I gonna do, Steve? I can't go to a lawyer.
Mr.
Balfour, get out to the Valley Airport.
I'll have our private plane standing by ready to fly you to Tucson.
Now, you'll arrive there before the train does.
When it stops, get back on board, and remember, you've never been off that train.
Do you understand, sir? Butwhat about the body? Never mind about that.
I'll take care of everything here.
Thank you.
Thank you very much, Steve.
( suspenseful theme playing ) ( thudding ) ( tires screech ) ( indistinct chatter over police radio ) Well, it was hit-and-run, all right.
He even stopped to take a look.
When I came along, he gunned out.
And you're sure this is the license number? Sure.
Just so happens I got good eyes and a good memory.
That's it.
K-Y-L-9-0-7.
Sure hope you get him, officer.
We will.
But, gentlemen, you cannot disturb Mr.
Theodore Balfour so early in the morning.
Thurston, what is it? These gentlemen from the police insist on talking to Mr.
Theodore.
What do you want? I'm Mrs.
Balfour.
Mrs.
Theodore Balfour? No.
My husband is Lawrence Balfour.
He's Theodore's uncle.
I see.
Well, we have some questions for Theodore.
All right.
I'll take them.
Follow me.
Theodore Balfour? Yes? You own a convertible, license K-Y-L-9-0-7? Yes.
Had a few too many last night, eh, Mr.
Balfour? ( exhales ) I- I don't seem to remember too much about last night at all.
I don't usually drink.
SERGEANT: Did you use your car? Now, I know I went to a party.
A going-away party for my uncle Lawrence.
It was at Florence Ingle's.
Remember driving home, Mr.
Balfour? What happened? You know, the- The harder you try to remember the- What's this all about, anyway? We've just inspected your car, Mr.
Balfour.
For what? We believe it was involved in a hit-and-run death.
Better get your shoes on.
( suspenseful theme playing ) He didn't do it, Perry.
I know Ted.
I've known him since he was 15.
Well, Balfour admits drinking that night.
Yes, he had a few drinks at my farewell party, for his uncle Lawrence.
What time did you say he left the party, Miss Ingle? Oh, about 11, 11:30.
Thank you.
According to the police, the accident happened around half past 1.
Will you at least talk to him? I'm sorry, Florence.
I can't.
Why not? Well, in the first place, the Balfour family retain an army of lawyers.
And the second place, it would be completely unethical.
( sighs ) I see.
Then I'll talk to him first.
Florence why all this interest in young Ted? Well, I'm concerned about him.
That the only reason? Uh Well, uh I think Lawrence would appreciate it if- If that's what you mean, Perry.
I'll call you.
All right.
( doorbell buzzes ) Oh Miss Ingle, may I come in? Yes, of course.
Thank you.
Won't you sit down? No, thank you.
I don't believe I'll be here that long.
Ted tells me that you went to see him.
That's right.
I wanted him to talk to Perry Mason.
Didn't you think the Balfours would protect their own? I was sure they would.
But, uh Mr.
Mason's a very close friend of mine.
So is Lawrence Balfour.
Now, if you really want to help Ted, you can do so very easily.
By providing him with an alibi.
What kind of an alibi? I want you to testify that Ted left your party very late last night, say about 2:00 in the morning.
But that's not true.
Ted left around- I know.
It doesn't matter whether it's true or not.
Now, just a moment, Steve.
Then I can see that I'll have to spell it out for you.
Ted is innocent.
That business with the car and the body, I did that.
And it was not hit-and-run, it was murder.
You killed somebody! Lawrence killed somebody.
Lawrence! Yes, George Egan.
But that's Harriet's- Former boyfriend.
Lawrence caught them together, unfortunately.
Why unfortunately? Because I had the goods on Harriet already.
Fully documented.
A divorce would have been a lead-pipe cinch, and that's exactly what you wanted, wasn't it, Miss Ingle? A chance to become Mrs.
Lawrence Balfour? Only Lawrence walked in on them first.
Thenyou were protecting Lawrence? My job is to protect all the Balfours.
I tried to make the murder look like a hit-and-run accident.
I took the body out to Sycamore Lane because all the land around there belongs to the Balfours except for one small piece which belongs to a man named Haley.
And he just happened to be on that back road at 1:30 in the morning.
Does that mean they'll find out about Lawrence? Not if you help me protect Ted.
I'll not have Ted go to prison.
No, of course not.
So about all you have to consider is whether you're willing to help.
You know I am.
I thought so.
( suspenseful theme playing ) Haley, I figured you'd have this place looking a lot better by this time.
It takes a lot of time building up a resort like this if you don't have the money, Mr.
Boles.
Money's all around you, that's for sure.
You mean the Balfours? I guess they don't cotton much to my run-down property, much less to me.
I don't know.
I've been talking to the Balfours.
In fact, they asked me to come down here and see if I couldn't make life a little easier for you.
A little easier for me? Why would they do that? Well, they figure if they were to loan you the money to improve the value of your land, naturally, it would improve the value of their property too.
And they'd do that, after what I did to them? Well, when you come right down to it, you haven't actually done anything to themyet.
Of course, you could cause them a little trouble if you were to repeat that story in court the same way you told it to the police.
But then, on the other hand, you could be not quite so sure about what you saw or thought you saw.
After all, it was a very dark night.
A man can make a mistake about things like that.
Well, a good neighbor's a good neighbor.
I see what you mean.
You really think they'd loan me some money to build my place up? I'm sure they would.
They figure about $25,000.
Twenty-five thousand dollars? Well, I guess I really wouldn't be doing anything wrong, would I? After all, like you said, it was a black night.
A fella could barely see.
I mostly thought I saw what I did see.
You're a good man, Haley.
Let's you and I go over to your house, and we'll straighten this thing out right here and now.
No, no.
Come on.
Get right in here.
That? Sure.
Swell.
I know what I said in that written statement I gave the district attorney, but I'm not real sure that license was 9-0-7.
Could have been 9-0-9 Or 7-0-7.
Those numbers look almost alike on a dark road, and the light wasn't good.
I'm not real sure what kind of car it was.
You know, if I made a mistake, I'd have that on my conscience the rest of my life.
( suspenseful theme playing ) Any time there's a deal made by a deputy district attorney outta this office, I wanna know about it first.
But you were out of town, Mr.
Burger.
That doesn't rule out the telephone, Faris.
After Haley reversed himself on the stand, I had no case.
Yeah, I know.
Do you suppose Haley was paid off? Coulda been.
The Balfours don't like being stepped on, and they own half of the state.
Well, maybe they don't own our half.
I want the body of George Egan exhumed.
Faris, you'll need an order to do it.
Right.
( suspenseful theme playing ) Mr.
Mason, won't you come in? Thank you.
The family's waiting upstairs.
Ted's lawyer had him on the run, and then he makes this deal with the district attorney's office and gets Ted convicted.
Why, Mason? Apparently, your grandson's lawyer wanted to keep the defendant out of jail.
Is that what you'd have done? I don't know.
I'd have to study the case.
All right, then, go ahead and study it.
Ted's lawyer's finished.
He's paid off and discharged.
The case seems closed, Mr.
Balfour.
What do you want me to do about it? Reopen it.
Get the decision reversed.
Have it set aside.
All I know is I don't want a conviction against Ted.
I don't want any mulling compromise.
I want him to fight for his rights.
A Balfour always fights.
When we know we're in the right.
Who's "we"? I thought I became a Balfour when I married Lawrence.
Maybe when you act like a wife.
Well, Mason, I want this case cleaned up.
And I want it cleaned up so clean, it'll shine like a new penny.
Since I'd be representing you, Mr.
Balfour, I'd like to know what you want.
Does it matter what I want.
There's the man who's hiring you.
I'd still like to know what you want.
The truth.
I want to know the truth.
Did I do it? Was I guilty? Did I kill someone? I think we should leave well enough alone.
Boles, I've been over all this with you, and we're not dropping it.
Well, Mason, would you represent Ted? Yes.
Good.
I- I-I'm tired now.
Mason, I- I want a few words with you.
Did you hear him, Mason? The boy has the fire in him.
All he has to learn is to face up to life.
Someone has to carry the Balfour banner, and he's my only hope.
Lawrence is too busy digging up fossils or lost treasure.
My other son could have done it.
But that's Ted's father- But the war- So that leaves only Ted.
That Harriet is a selfish woman, Mason.
My son Lawrence got taken.
Personally, I wouldn't trust her as far as I could throw this bed, and I have trouble just lifting the covers.
You understand me? Yes, I understand you.
She's even hypnotized Ted.
It's an open secret that at one time he was in love with her, and for all I know, he may still be carrying a torch.
Well, all right, all right.
Remember, I'm paying the freight, but you're representing Ted.
He's my last hope.
Fight for him, Mason, andteach him how to fight.
( rings ) Hello? WOMAN ( over phone ): Miss Ingle? Speaking.
Mr.
Mason calling.
One moment please.
How are you, Florence? I suppose you've heard I've just been retained by the Balfour family to defend Ted.
Yes, and I'm delighted.
Well, I've just been going over the transcript of Ted's jury trial, and something bothers me.
What time did you say he left your party that night? I said about 2 or 2:30.
When you were in my office, you said he left around 11:00.
You asked me a question, Perry, and I answered it.
I said Ted left around 2:00 in the morning.
I wish you wouldn't pursue it any further.
All right, Florence.
Thank you.
What did she say? ( knocking ) MASON: Hi, Paul.
Would you be interested in a little information on the matter of George Egan, hit-and-run victim? The DA ordered the body exhumed, and guess what they found in his skull.
A bullet, which, uh, makes it a little more your kind of case, Perry.
Murder.
( suspenseful theme playing ) This is on a writ of habeas corpus in the case of Theodore Balfour.
If the court please, we would like to insist upon the defendant's release.
Release? Your Honor, the defendant is now charged with first-degree murder.
He's not entitled to be released on habeas corpus.
But our writ is based upon the constitutional provision that no man shall be twice put in jeopardy for the same offense.
Your Honor has quite recently reviewed the evidence in the case of People v.
Balfour and found him guilty of involuntary manslaughter.
Your Honor- Now, just a moment, Mr.
Burger.
Mr.
Mason, do you contend that because the people mistakenly assumed this was a hit-and-run case and prosecuted the defendant under such a charge, that the people are now barred from prosecuting him for first-degree murder? Your Honor, it's perfectly clear what transpired in this case, an attempt was made to dispose of the victim by making it appear that the man had been killed in a hit-and-run accident.
We're perfectly willing to move to dismiss the former charges of involuntary manslaughter against Mr.
Balfour so that he can be prosecuted for first-degree murder.
The motion is out of order, I believe.
The defendant has been tried, convicted and sentenced for the death of George Egan.
The court is very much concerned with this point of once in jeopardy, Mr.
Mason.
Do you have any authorities that bear on such a case as this? I do.
Among other citations listed here, Your Honor will be interested in the case of The People v.
McDaniels, Once a defendant has been placed on trial, jeopardy has attached.
If the prosecution, as a result of poor judgment, poor investigative work or poor thinking charges the man with a lesser offense, then it is barred from prosecuting for a greater offense at a later date.
Mr.
Mason, I feel a higher court should pass on this matter.
If I grant the habeas corpus, the defendant will simply go free.
If I hold the defendant for trial by denying the writ, the motion can be carried to a higher court on a plea of once in jeopardy.
The court denies the habeas corpus.
The prisoner is remanded to the custody of the sheriff.
( spectators murmuring ) ( suspenseful theme playing ) Well, we can get just so far with George Egan's background.
How far? Up to about 14 months ago.
Before that, he lived here in Los Angeles, worked here, and even belonged to a country club here.
Then? Well, then he just disappeared, till he showed up in the morgue.
What about this Steven Boles? MASON: Anything on him? Yeah.
He's a very clever and a very powerful man.
He's the Mr.
Fix-it for the Balfour empire.
His salary is $100,000 a year.
He has a staff of 150 people working for him, and he has complete autonomy, answerable only to Addison Balfour himself.
And his conscience.
MASON: I'd keep on it, Paul.
One other thing, I wanna get in touch with Lawrence Balfour.
All right.
I'll send a man to Mexico if I have to, but the way I understand it, where he is is like the Grand Canyon, only more rugged.
Mr.
Boles can be pretty rugged too.
What kind of a talk is this, Mr.
Boles? Everything open, aboveboard.
Thank you.
The first thing is, if you have any doubts of Ted's innocence, forget them.
You speak with authority.
With knowledge, Mr.
Mason.
I know the whole story.
Go on, Mr.
Boles.
Thank you.
When Lawrence left that night for Mexico, Harriet rode with him as far as Colegrove Station.
Uh, sit down.
She went direct from the train to a cabin in Sleepy Hollow, thinking all the while that Lawrence was still on the train.
And he wasn't.
No.
He knew what she was up to, and he followed her to the cabin and he took Ted's revolver along with him.
And then? Harriet left the cabin, and then Lawrence did a very stupid thing.
He wanted to confront Egan, so he went into the cabin, and in the darkness, Egan aimed a flashlight at his eyes.
This started a fight.
And during the fight, Lawrence accidentally discharged Ted's.
22-caliber revolver.
Egan fell to the floor with a bullet in his head.
Then Lawrence had sense enough to go home and call me.
I told him to fly to Tucson, get back on the train, and I'd take care of everything here in town.
And so you did.
Yes.
I took the body from the cabin, made it appear as a hit-and-run accident.
Why did you use Ted's car? Mr.
Mason, my own car happens to be a small sports-car model and not up to the job that had to be done.
There were three cars in the Balfour garage, and only Ted's car had the keys in the ignition.
What did you do with Ted's gun? It's at the bottom of the Pacific three miles out.
I see.
I suppose you were the one that engineered Florence Ingle's phony alibi for Ted.
Yes.
Yes, I was.
But you have given us something better, Mason.
You've given us an out.
Have I? Certainly, with that very clever point you made about once in jeopardy.
I may not be able to work it that way.
Oh? Why not? Suppose I put in a plea of once in jeopardy and the judge overrules it.
So you'll go right on with the trial.
But you don't take any part in it, and you don't put on any witnesses of your own, so if the jury comes in with a verdict of guilty, you're in a perfect position to take it to a higher court on your plea of once in jeopardy.
You're telling me how to conduct the case? Yes, I am telling you because I pay the bills, and I figure this is our best gamble.
I play the percentages.
So do I, for my client.
Then you'd better add up all the figures again, Mason, because if you try to double-cross me, I'll make you the sickest lawyer in this state, and don't you ever think I can't do it! If you have any idea of how powerful Balfour Allied Associates is, multiply it a hundred times! We cannot be hurt! We're not about to let some outside lawyer foul up the gears.
All right, Boles.
Now I know where you stand.
Just so you don't make any mistake about me, remember this: I don't suborn perjury.
I rely on the truth.
Oh, uh This is for you.
Yes? What is it? A subpoena ordering you to appear as a witness for the defense.
( suspenseful theme playing ) This just came registered mail, special delivery.
They didn't waste any time, did they? "Dear sir, you are hereby notified "that effective immediately you are relieved of all duties "in connection with the defense of Theodore Balfour.
Very truly yours, Addison Balfour.
" Succinct and official, isn't it? ( rings ) Yes, Gertie? Who? Just a minute.
It's Thurston.
The Balfour butler? Mm-hm.
Send him in.
Send him in, Gertie.
Good morning, Thurston.
Come in.
How do you do, Mr.
Mason, sir? This is my secretary, Miss Street.
How do you do? Is that the notification of your discharge, sir? Yes, how'd you know? A man in my position hears many things.
That's why I had to see young Mr.
Theodore.
I've just been to the jail.
Oh? Here.
Sit down.
Thank you, sir.
Mr.
Mason, I'm aware of what you can do for young Theodore.
More than they can with all their money.
Mr.
Boles is a very clever man.
He usually knows what he's doing.
Then why did he send these telegrams to Mr.
Lawrence Balfour in Chihuahua, Mexico? "Reply your wire.
"Remain Chihuahua.
"No need return till you hear from me.
Signed, Boles.
" He shouldn't have done that, Mr.
Mason.
Mr.
Lawrence should be here at a time like this.
I told young Mr.
Theodore that I was coming here to see you.
What did he say? I've known the boy many years.
I- I can talk to him.
He said if you were willing to stay on as his attorney, he was willing too.
I'm willing, Thurston.
And ignore the fact that you've been discharged by Mr.
Addison Balfour? Why not? Addison Balfour wanted me to teach Ted how to fight.
We haven't finished our lesson yet.
( suspenseful theme playing ) Now, Mr.
Schmidt, do you do all kinds of pistol- and gun-repair work in your shop? I do.
Would you look at the defense table, please? I ask if you recognize the defendant, Theodore Balfour.
I do.
I- I've done lots of work on his guns.
Would you tell this court, please, what transpired between you and the defendant on Wednesday, August 6th, of this year? Yes, sir.
Mr.
Theodore Balfour brought his.
22 revolver to hone down the trigger pull.
BURGER: I see.
And did you test fire this particular revolver in your basement range? I did.
I show you now this envelope which contains eight bullets, and I'll ask you to examine them, please.
Yes, sir.
I saved them.
They come from the.
22 Mr.
Balfour brought in.
The same gun I returned to him on the 5th of September, with the trigger adjusted, of course.
I ask that this envelope containing the eight bullets be marked people's Exhibit B.
No objections.
You may cross-examine.
No questions.
Therefore, as an expert on ballistics, I consider this conclusive proof that the fatal bullet, Exhibit A, and these eight bullets, Exhibit B, were fired from the same gun.
I see.
Thank you, sir.
Your witness.
No questions.
Now, let me understand the position of counsel.
Is it his intention, because the court has overruled the point of once in jeopardy, to take no part in this trial? Because if it is the court warns that it is counsel's duty to see that the defendant is properly represented.
I understand, Your Honor.
I've refrained from cross-examining these witnesses because I have no questions to ask them.
I do intend to participate actively in this trial.
Very well.
You may proceed with the case, Mr.
Prosecutor.
I call Harriet Balfour to the stand, please.
Now, Mrs.
Balfour, do you recall the evening of October 19th of this year? Quite well.
That was the night my husband left for Mexico.
On that evening, did you have a conversation with the defendant? Yes, sir, at the farewell party.
And at the time of that conversation, was the defendant under the influence of liquor? Oh, no, no.
He may have had a highball or two, but he certainly wasn't drunk.
Well, what did he say to you? Well, he said that he understood that George Egan was back in town.
He said that he wanted to have a talk with George.
That if he, Ted Balfour, could respect the fact that I was a married woman, he thought that George ought to respect that too.
I never said anything like that.
I never did.
How could I, Mr.
Mason? And in what tone was this said, angry, mild? MASON: Object, Your Honor.
The question is leading and suggestive.
It calls for a conclusion from the witness.
I think it is proper for the witness to testify as to emotions if they were plainly indicated by the tone of voice.
But the question would seem to be leading.
Very well, Your Honor.
I'll withdraw the question.
What else transpired between you and the defendant? Why, I told him his suspicions were ridiculous, that I hadn't even seen George Egan for more than a year.
And that was all he said to you? Yes.
That's all I can remember.
Thank you, Mrs.
Balfour.
Your witness.
Now, in this, uh, conversation with the defendant, there was the inference that you had not always been loyal in your marriage to Lawrence Balfour, was there not? Not loyal? Of course I'd been loyal.
Then there were suspicions that you had not been a good wife? Oh, no, no, there weren't.
Didn't you say the defendant's suspicions were ridiculous? Oh.
That's all for the moment.
I call Steven Boles to the stand, please.
Now, Mr.
Boles, as an employee of Balfour Allied Associates, what specific duties did you perform on the night of the murder, October 19th? Mr.
Lawrence Balfour was leaving for Tucson, Arizona.
He was to go to Mexico from there.
I saw him safely aboard the train.
That completed your duties for the evening? Yes.
I went home.
Then did you subsequently receive a phone call on the morning of the 20th? I did, about 1:00 in the morning.
And who was that phone call from? The defendant, Theodore Balfour.
What did Theodore Balfour say to you in that phone conversation? He said he was in trouble and to please come to him as soon as possible.
BURGER: And what did you do? BOLES: I went to him.
Well, that's not true.
Why are you-? ( gavel banging ) But he's lying.
Now, I admonish the defendant to restrain himself from any further demonstrations of this nature.
You may proceed, Mr.
Prosecutor.
Thank you, Your Honor.
What did the defendant say to you in this conversation? He told me what had happened that night.
He said he'd had too much to drink, didn't remember driving home, but that during the middle of the night he awakened and remembered that he was to drive out to a Sleepy Hollow cabin and to wait there for a man he called George Egan to have a showdown with him.
Well, did he explain to you what the showdown was about? Just that this Egan had been making improper advances to Mrs.
Lawrence Balfour.
BOLES: Ted wanted him to stop.
BURGER: I see.
Go on, Mr.
Boles.
BOLES: He said that he drove out to the Sleepy Hollow cabin, busted in on Egan, Egan attacked him with a chair, this started a fight.
Now, he said that he'd taken a small-bore gun with him to frighten Egan with, and that during the fight it had gone off.
He said it was an accident.
And then what did he say he did? He said he drove Egan's body out to a deserted road, ran over it several times with his car to make it look like an accident so the police wouldn't look for a bullet.
BURGER: Go on.
He asked me to take charge of things.
I told him that since this obviously was a case of self-defense, he should report it to the police and tell them that he had acted in fear of his life.
Then what did you do? I went home.
The next morning I learned that he was to be prosecuted for an involuntary homicide with a car.
And what did you do after that? I did nothing.
I see.
Thank you.
Your witness.
JUDGE: Before cross-examination starts, I see it is the hour for the noon adjournment.
The court will now take a recess until 2:00.
( suspenseful theme playing ) Well ( sighs ) I anticipated they would try to make things tough for me, but I didn't think Boles would get on the stand and commit deliberate perjury.
So ruthlessly.
It's kind of frightening.
And in another way, it's a clever story.
It gives the jury a chance to disagree or to find my client guilty of second-degree murder.
So in a manner of speaking, he's still protecting Ted.
Well, he told me he was going to be playing percentages, and he certainly is.
( rhythmic knocking on door ) Did you send your man to Chihuahua, Paul? He's there now, waiting for Lawrence Balfour to come back from the wilds.
There doesn't seem to be any way to get out there after him.
Well, you better phone your man.
I want him to get me copies of those wires that were sent to Boles and Lawrence.
All right.
Perry, here are some bits and pieces we picked up on Boles.
Records, bank accounts and so on.
Which brings us to one George Egan.
What about him? The reason George Egan left California 14 months ago was that Boles sent him away, paid him and bought him off.
Why? That I have not been able to find out.
You were going to get me duplicate driving licenses on Egan, Boles and Lawrence Balfour.
Did you get them? They're on their way from Sacramento.
Should be in this afternoon's mail at the latest I'll need them as soon as they arrive.
And, Paul, can you get me a set of the decedent's fingerprints? Sure.
They take 'em as routine.
I'll pick them up this afternoon.
That's not soon enough.
All right, right after lunch, which, uh, I haven't had yet.
No time, Paul.
We're due back in court right now.
Mr.
Boles, do you remember an occasion a short time ago when you and I had a talk at your office? Perfectly.
At that time, didn't you tell me that Lawrence Balfour had confronted George Egan, that Balfour had done the shooting, that he called you, that you told him he should fly to Tucson, rejoin his train, that you would take care of everything here? You mean I told you that? Didn't you? Why, that's preposterous.
Then did you not tell me that you took the body out to the highway and made it appear a hit-run accident? Certainly not! Mr.
Mason, just what is the purpose of this fabrication? ( door opens ) May I ask the court's indulgence for a few moments? Certainly, Mr.
Mason.
Would you like a brief recess? Thank you.
I don't think that will be necessary.
Do you have everything, Paul? Duplicate licenses from Sacramento, a copy of the dead man's fingerprints, and I talked to my man in Chihuahua.
There have been no telegrams from Lawrence Balfour to Boles, No telegrams? None.
Perry, take a deep breath.
What for? We traced George Egan to Norman, Oklahoma.
He died there eight months ago.
Of course.
Of course he did, Paul.
Uh, thank you, Your Honor.
Now, Mr.
Boles, did you know the so-called decedent, George Egan? The "so-called" decedent? What does defense counsel mean by that? We've established the identity of the decedent.
Your Honor, certain papers were found on the mutilated body.
Identification seemed routine and went unchallenged.
However, information has just come to me that George Egan died of a coronary thrombosis on February 14th of this year in Norman, Oklahoma.
All other vital statistics verify this George Egan as the same George Egan whose identity was presumed by the prosecution.
May I see that information, Mr.
Mason? Also, Your Honor, I submit a photostatic copy of George Egan's driver's license with its identifying thumbprint and this set of prints taken from the murder victim.
Your Honor will note that the prints do not match.
Now, Your Honor, I would like the witness to answer whether or not he knew George Egan.
Answer the question, Mr.
Boles.
I may have.
He was a former friend of Harriet Balfour.
He left Los Angeles He took a position with Balfour Allied Associates in Norman, Oklahoma.
Who gave him that job? I may have.
What were his duties in Oklahoma? I may have just wanted him out of Los Angeles.
What it all boils down to is that you bribed George Egan to stay away from Harriet Balfour.
He was a potential source of trouble.
I try to think ahead.
Didn't you make a trip to Oklahoma eight months ago, just after his death, in order to supervise the closing of George Egan's estate? I may have.
We've had enough of these "may haves," Mr.
Boles.
All right, then.
I did.
And therefore it was someone else who died in the Sleepy Hollow cabin, wasn't it, Mr.
Boles? I can't say positively.
Can't you? How did Egan's identification get on the now unidentified body? All right, then.
Let's get back to that body.
If he wasn't George Egan, who was he? And who used Egan's identification at motels and hotels around town, keeping various engagements with Harriet Balfour? MASON: Who rented drive-yourself cars in Egan's name? And who has been Harriet Balfour's lover, the man who waited for her at that cabin, the man who flashed his light in a heartsick husband's eyes, the one you've been trying to protect first, last and always, Mr.
Boles? You're making a mistake, Mason.
Am I, Mr.
Boles? Aren't you that man? Aren't you Harriet's lover? How could I be? He was- Go on, Mr.
Boles.
You were about to say how could you be her lover when her lover was shot by Lawrence Balfour.
But suppose Lawrence's shot went wild.
Suppose you dropped to the floor, pretending to be dead, your brain working all the time.
You knew Lawrence's first thought would be to get in touch with you.
All you could think of was to get back to your apartment.
I tell you, you haven't got this thing figured out.
You're jumping to a wrong conclusion! Your Honor I think we can put the lie to this man's complete testimony if I may recall a witness.
Mr.
Burger? No objection, Your Honor.
I call Harriet Balfour to the stand.
( clears throat ) Remember, Mrs.
Balfour, you're still under oath.
What do you want with me, Mr.
Mason? I want to ask you if you left the train at Colegrove Station and went directly to Cabin 5 at Sleepy Hollow on the night in question.
No, I did not.
And you are now and always have been a faithful and constant wife to your husband, Lawrence Balfour.
Yes.
Have you been corresponding with him? Yes, I write him every day.
I receive his letters in batches when his runner gets back to camp.
I see.
Now, would you kindly explain to this court how you could possibly correspond with a corpse? What do you mean? It's simple.
The right thumbprint of your husband, Lawrence Balfour, on this copy of his driver's license matches the right thumbprint of the corpse.
No.
It can't be.
It can't be.
May I see those documents, Mr.
Mason? Of course, Your Honor.
I think you have identified the decedent for us, Mr.
Mason.
JUDGE: You may proceed.
Now, Mrs.
Balfour, did you go to the Sleepy Hollow cabin on the night of October 19th? Yes, yes, I did, but I didn't stay there.
I returned home.
And was the man in that cabin, the man you'd been seeing behind your husband's back, Steven Boles? Yes.
Yes.
I'm sorry, Steve.
I can't lie anymore.
That's refreshing to hear you say that, Mrs.
Balfour.
Now, while at home, were you shocked to discover Lawrence returned? Home? He never came home.
Didn't you overhear his phone conversation with Steven Boles? What phone conversation? I don't understand.
That was when he turned on you and told you he'd discovered your double-dealing.
That's when he told you that no matter what else happened, you were through, you were uncovered, wasn't it? No, no, of course not! And when he said that, didn't you then pick up Ted Balfour's gun, the gun your husband had left near the phone, and didn't you then calmly put a bullet through his brain? MASON: Mrs.
Balfour, I say an examination of the rug near that phone will reveal your husband's blood, and even a hundred cleanings cannot wash away its traces.
Now the truth, Mrs.
Balfour, did you not kill your husband? ( sobs ): Yes! Yes! Yes! ( dramatic theme playing ) No, Boles acted from the first to protect the Balfours.
He was true to his trust until he himself became involved.
Then it was after Harriet shot Uncle Lawrence that she called Boles.
What was he to do? He was faced with an accomplished fact.
Harriet probably said to him, "All right, Mr.
Troubleshooter, fix up this trouble.
Both of us are in it now.
" So he made it look like a hit-and-run accident, and then sent one of his men to Mexico to assume Lawrence's identity.
Boles figured he'd wait for a suitable time, go down to Chihuahua, and dig up some evidence showing that Lawrence had died in an accident there.
He even sent wires to Uncle Lawrence in Chihuahua.
That was his biggest mistake.
One of the messages read, Reply to your wire.
Investigation revealed Lawrence never sent a wire.
Mason, you did a fine piece of work.
Present your bill to Balfour Allied Associates.
Which bill is that, grandfather? For legal services or for teaching me how to fight? ( upbeat theme playing ) ( noirish jazz theme playing )
Well, this trip's gonna be too dangerous, Harriet.
It's in the most rugged territory in the Sierra Madre Mountains.
It's no place for a woman, especially my wife.
It's almost no place for an amateur archaeologist either.
Thanks for coming as far as Colegrove Station.
Write every day, Lawrence.
Don't forget.
I won't.
MAN: Colegrove Station.
Goodbye, my darling.
Goodbye.
Uh, better get a cab before they're all gone.
( inaudible dialogue ) ( mysterious theme playing ) Thank you very much.
Darling, I could hardly wait to see you.
HARRIET: All right.
Give me the keys to the car.
I'll go home and say good night to my father-in-law and let him know I've returned from the station.
I'll see you later.
( engine starting ) All right, Egan, it's me, Lawrence Balfour.
Turn on the lights.
( gunshot ) MAN ( over phone ): Hello.
Steven Boles speaking.
Steve, this is Larry Balfour.
I'm in trouble, terrible trouble.
Mr.
Balfour, I thought you were on your way to Mexico.
What happened? I shot a man.
I killed him.
You what? I followed Harriet off the train at Colegrove Station.
I overheard her make an appointment to meet someone.
Look, Steve.
You've got to help me.
Well, I will, of course, Mr.
Balfour.
Where are you now? Home.
I came home.
Where did this happen? At, uh- At Sleepy Hollow, cabin number 5.
I see.
And who is the man? George Egan.
Where's your wife? I don't know.
She left before I killed him.
She- Did anyone see you come in the house? I don't think so.
My father must be asleep, and the servants too.
What about your nephew, Ted? Is he back from that party yet? Is he asleep? I don't know.
Look- What am I gonna do, Steve? I can't go to a lawyer.
Mr.
Balfour, get out to the Valley Airport.
I'll have our private plane standing by ready to fly you to Tucson.
Now, you'll arrive there before the train does.
When it stops, get back on board, and remember, you've never been off that train.
Do you understand, sir? Butwhat about the body? Never mind about that.
I'll take care of everything here.
Thank you.
Thank you very much, Steve.
( suspenseful theme playing ) ( thudding ) ( tires screech ) ( indistinct chatter over police radio ) Well, it was hit-and-run, all right.
He even stopped to take a look.
When I came along, he gunned out.
And you're sure this is the license number? Sure.
Just so happens I got good eyes and a good memory.
That's it.
K-Y-L-9-0-7.
Sure hope you get him, officer.
We will.
But, gentlemen, you cannot disturb Mr.
Theodore Balfour so early in the morning.
Thurston, what is it? These gentlemen from the police insist on talking to Mr.
Theodore.
What do you want? I'm Mrs.
Balfour.
Mrs.
Theodore Balfour? No.
My husband is Lawrence Balfour.
He's Theodore's uncle.
I see.
Well, we have some questions for Theodore.
All right.
I'll take them.
Follow me.
Theodore Balfour? Yes? You own a convertible, license K-Y-L-9-0-7? Yes.
Had a few too many last night, eh, Mr.
Balfour? ( exhales ) I- I don't seem to remember too much about last night at all.
I don't usually drink.
SERGEANT: Did you use your car? Now, I know I went to a party.
A going-away party for my uncle Lawrence.
It was at Florence Ingle's.
Remember driving home, Mr.
Balfour? What happened? You know, the- The harder you try to remember the- What's this all about, anyway? We've just inspected your car, Mr.
Balfour.
For what? We believe it was involved in a hit-and-run death.
Better get your shoes on.
( suspenseful theme playing ) He didn't do it, Perry.
I know Ted.
I've known him since he was 15.
Well, Balfour admits drinking that night.
Yes, he had a few drinks at my farewell party, for his uncle Lawrence.
What time did you say he left the party, Miss Ingle? Oh, about 11, 11:30.
Thank you.
According to the police, the accident happened around half past 1.
Will you at least talk to him? I'm sorry, Florence.
I can't.
Why not? Well, in the first place, the Balfour family retain an army of lawyers.
And the second place, it would be completely unethical.
( sighs ) I see.
Then I'll talk to him first.
Florence why all this interest in young Ted? Well, I'm concerned about him.
That the only reason? Uh Well, uh I think Lawrence would appreciate it if- If that's what you mean, Perry.
I'll call you.
All right.
( doorbell buzzes ) Oh Miss Ingle, may I come in? Yes, of course.
Thank you.
Won't you sit down? No, thank you.
I don't believe I'll be here that long.
Ted tells me that you went to see him.
That's right.
I wanted him to talk to Perry Mason.
Didn't you think the Balfours would protect their own? I was sure they would.
But, uh Mr.
Mason's a very close friend of mine.
So is Lawrence Balfour.
Now, if you really want to help Ted, you can do so very easily.
By providing him with an alibi.
What kind of an alibi? I want you to testify that Ted left your party very late last night, say about 2:00 in the morning.
But that's not true.
Ted left around- I know.
It doesn't matter whether it's true or not.
Now, just a moment, Steve.
Then I can see that I'll have to spell it out for you.
Ted is innocent.
That business with the car and the body, I did that.
And it was not hit-and-run, it was murder.
You killed somebody! Lawrence killed somebody.
Lawrence! Yes, George Egan.
But that's Harriet's- Former boyfriend.
Lawrence caught them together, unfortunately.
Why unfortunately? Because I had the goods on Harriet already.
Fully documented.
A divorce would have been a lead-pipe cinch, and that's exactly what you wanted, wasn't it, Miss Ingle? A chance to become Mrs.
Lawrence Balfour? Only Lawrence walked in on them first.
Thenyou were protecting Lawrence? My job is to protect all the Balfours.
I tried to make the murder look like a hit-and-run accident.
I took the body out to Sycamore Lane because all the land around there belongs to the Balfours except for one small piece which belongs to a man named Haley.
And he just happened to be on that back road at 1:30 in the morning.
Does that mean they'll find out about Lawrence? Not if you help me protect Ted.
I'll not have Ted go to prison.
No, of course not.
So about all you have to consider is whether you're willing to help.
You know I am.
I thought so.
( suspenseful theme playing ) Haley, I figured you'd have this place looking a lot better by this time.
It takes a lot of time building up a resort like this if you don't have the money, Mr.
Boles.
Money's all around you, that's for sure.
You mean the Balfours? I guess they don't cotton much to my run-down property, much less to me.
I don't know.
I've been talking to the Balfours.
In fact, they asked me to come down here and see if I couldn't make life a little easier for you.
A little easier for me? Why would they do that? Well, they figure if they were to loan you the money to improve the value of your land, naturally, it would improve the value of their property too.
And they'd do that, after what I did to them? Well, when you come right down to it, you haven't actually done anything to themyet.
Of course, you could cause them a little trouble if you were to repeat that story in court the same way you told it to the police.
But then, on the other hand, you could be not quite so sure about what you saw or thought you saw.
After all, it was a very dark night.
A man can make a mistake about things like that.
Well, a good neighbor's a good neighbor.
I see what you mean.
You really think they'd loan me some money to build my place up? I'm sure they would.
They figure about $25,000.
Twenty-five thousand dollars? Well, I guess I really wouldn't be doing anything wrong, would I? After all, like you said, it was a black night.
A fella could barely see.
I mostly thought I saw what I did see.
You're a good man, Haley.
Let's you and I go over to your house, and we'll straighten this thing out right here and now.
No, no.
Come on.
Get right in here.
That? Sure.
Swell.
I know what I said in that written statement I gave the district attorney, but I'm not real sure that license was 9-0-7.
Could have been 9-0-9 Or 7-0-7.
Those numbers look almost alike on a dark road, and the light wasn't good.
I'm not real sure what kind of car it was.
You know, if I made a mistake, I'd have that on my conscience the rest of my life.
( suspenseful theme playing ) Any time there's a deal made by a deputy district attorney outta this office, I wanna know about it first.
But you were out of town, Mr.
Burger.
That doesn't rule out the telephone, Faris.
After Haley reversed himself on the stand, I had no case.
Yeah, I know.
Do you suppose Haley was paid off? Coulda been.
The Balfours don't like being stepped on, and they own half of the state.
Well, maybe they don't own our half.
I want the body of George Egan exhumed.
Faris, you'll need an order to do it.
Right.
( suspenseful theme playing ) Mr.
Mason, won't you come in? Thank you.
The family's waiting upstairs.
Ted's lawyer had him on the run, and then he makes this deal with the district attorney's office and gets Ted convicted.
Why, Mason? Apparently, your grandson's lawyer wanted to keep the defendant out of jail.
Is that what you'd have done? I don't know.
I'd have to study the case.
All right, then, go ahead and study it.
Ted's lawyer's finished.
He's paid off and discharged.
The case seems closed, Mr.
Balfour.
What do you want me to do about it? Reopen it.
Get the decision reversed.
Have it set aside.
All I know is I don't want a conviction against Ted.
I don't want any mulling compromise.
I want him to fight for his rights.
A Balfour always fights.
When we know we're in the right.
Who's "we"? I thought I became a Balfour when I married Lawrence.
Maybe when you act like a wife.
Well, Mason, I want this case cleaned up.
And I want it cleaned up so clean, it'll shine like a new penny.
Since I'd be representing you, Mr.
Balfour, I'd like to know what you want.
Does it matter what I want.
There's the man who's hiring you.
I'd still like to know what you want.
The truth.
I want to know the truth.
Did I do it? Was I guilty? Did I kill someone? I think we should leave well enough alone.
Boles, I've been over all this with you, and we're not dropping it.
Well, Mason, would you represent Ted? Yes.
Good.
I- I-I'm tired now.
Mason, I- I want a few words with you.
Did you hear him, Mason? The boy has the fire in him.
All he has to learn is to face up to life.
Someone has to carry the Balfour banner, and he's my only hope.
Lawrence is too busy digging up fossils or lost treasure.
My other son could have done it.
But that's Ted's father- But the war- So that leaves only Ted.
That Harriet is a selfish woman, Mason.
My son Lawrence got taken.
Personally, I wouldn't trust her as far as I could throw this bed, and I have trouble just lifting the covers.
You understand me? Yes, I understand you.
She's even hypnotized Ted.
It's an open secret that at one time he was in love with her, and for all I know, he may still be carrying a torch.
Well, all right, all right.
Remember, I'm paying the freight, but you're representing Ted.
He's my last hope.
Fight for him, Mason, andteach him how to fight.
( rings ) Hello? WOMAN ( over phone ): Miss Ingle? Speaking.
Mr.
Mason calling.
One moment please.
How are you, Florence? I suppose you've heard I've just been retained by the Balfour family to defend Ted.
Yes, and I'm delighted.
Well, I've just been going over the transcript of Ted's jury trial, and something bothers me.
What time did you say he left your party that night? I said about 2 or 2:30.
When you were in my office, you said he left around 11:00.
You asked me a question, Perry, and I answered it.
I said Ted left around 2:00 in the morning.
I wish you wouldn't pursue it any further.
All right, Florence.
Thank you.
What did she say? ( knocking ) MASON: Hi, Paul.
Would you be interested in a little information on the matter of George Egan, hit-and-run victim? The DA ordered the body exhumed, and guess what they found in his skull.
A bullet, which, uh, makes it a little more your kind of case, Perry.
Murder.
( suspenseful theme playing ) This is on a writ of habeas corpus in the case of Theodore Balfour.
If the court please, we would like to insist upon the defendant's release.
Release? Your Honor, the defendant is now charged with first-degree murder.
He's not entitled to be released on habeas corpus.
But our writ is based upon the constitutional provision that no man shall be twice put in jeopardy for the same offense.
Your Honor has quite recently reviewed the evidence in the case of People v.
Balfour and found him guilty of involuntary manslaughter.
Your Honor- Now, just a moment, Mr.
Burger.
Mr.
Mason, do you contend that because the people mistakenly assumed this was a hit-and-run case and prosecuted the defendant under such a charge, that the people are now barred from prosecuting him for first-degree murder? Your Honor, it's perfectly clear what transpired in this case, an attempt was made to dispose of the victim by making it appear that the man had been killed in a hit-and-run accident.
We're perfectly willing to move to dismiss the former charges of involuntary manslaughter against Mr.
Balfour so that he can be prosecuted for first-degree murder.
The motion is out of order, I believe.
The defendant has been tried, convicted and sentenced for the death of George Egan.
The court is very much concerned with this point of once in jeopardy, Mr.
Mason.
Do you have any authorities that bear on such a case as this? I do.
Among other citations listed here, Your Honor will be interested in the case of The People v.
McDaniels, Once a defendant has been placed on trial, jeopardy has attached.
If the prosecution, as a result of poor judgment, poor investigative work or poor thinking charges the man with a lesser offense, then it is barred from prosecuting for a greater offense at a later date.
Mr.
Mason, I feel a higher court should pass on this matter.
If I grant the habeas corpus, the defendant will simply go free.
If I hold the defendant for trial by denying the writ, the motion can be carried to a higher court on a plea of once in jeopardy.
The court denies the habeas corpus.
The prisoner is remanded to the custody of the sheriff.
( spectators murmuring ) ( suspenseful theme playing ) Well, we can get just so far with George Egan's background.
How far? Up to about 14 months ago.
Before that, he lived here in Los Angeles, worked here, and even belonged to a country club here.
Then? Well, then he just disappeared, till he showed up in the morgue.
What about this Steven Boles? MASON: Anything on him? Yeah.
He's a very clever and a very powerful man.
He's the Mr.
Fix-it for the Balfour empire.
His salary is $100,000 a year.
He has a staff of 150 people working for him, and he has complete autonomy, answerable only to Addison Balfour himself.
And his conscience.
MASON: I'd keep on it, Paul.
One other thing, I wanna get in touch with Lawrence Balfour.
All right.
I'll send a man to Mexico if I have to, but the way I understand it, where he is is like the Grand Canyon, only more rugged.
Mr.
Boles can be pretty rugged too.
What kind of a talk is this, Mr.
Boles? Everything open, aboveboard.
Thank you.
The first thing is, if you have any doubts of Ted's innocence, forget them.
You speak with authority.
With knowledge, Mr.
Mason.
I know the whole story.
Go on, Mr.
Boles.
Thank you.
When Lawrence left that night for Mexico, Harriet rode with him as far as Colegrove Station.
Uh, sit down.
She went direct from the train to a cabin in Sleepy Hollow, thinking all the while that Lawrence was still on the train.
And he wasn't.
No.
He knew what she was up to, and he followed her to the cabin and he took Ted's revolver along with him.
And then? Harriet left the cabin, and then Lawrence did a very stupid thing.
He wanted to confront Egan, so he went into the cabin, and in the darkness, Egan aimed a flashlight at his eyes.
This started a fight.
And during the fight, Lawrence accidentally discharged Ted's.
22-caliber revolver.
Egan fell to the floor with a bullet in his head.
Then Lawrence had sense enough to go home and call me.
I told him to fly to Tucson, get back on the train, and I'd take care of everything here in town.
And so you did.
Yes.
I took the body from the cabin, made it appear as a hit-and-run accident.
Why did you use Ted's car? Mr.
Mason, my own car happens to be a small sports-car model and not up to the job that had to be done.
There were three cars in the Balfour garage, and only Ted's car had the keys in the ignition.
What did you do with Ted's gun? It's at the bottom of the Pacific three miles out.
I see.
I suppose you were the one that engineered Florence Ingle's phony alibi for Ted.
Yes.
Yes, I was.
But you have given us something better, Mason.
You've given us an out.
Have I? Certainly, with that very clever point you made about once in jeopardy.
I may not be able to work it that way.
Oh? Why not? Suppose I put in a plea of once in jeopardy and the judge overrules it.
So you'll go right on with the trial.
But you don't take any part in it, and you don't put on any witnesses of your own, so if the jury comes in with a verdict of guilty, you're in a perfect position to take it to a higher court on your plea of once in jeopardy.
You're telling me how to conduct the case? Yes, I am telling you because I pay the bills, and I figure this is our best gamble.
I play the percentages.
So do I, for my client.
Then you'd better add up all the figures again, Mason, because if you try to double-cross me, I'll make you the sickest lawyer in this state, and don't you ever think I can't do it! If you have any idea of how powerful Balfour Allied Associates is, multiply it a hundred times! We cannot be hurt! We're not about to let some outside lawyer foul up the gears.
All right, Boles.
Now I know where you stand.
Just so you don't make any mistake about me, remember this: I don't suborn perjury.
I rely on the truth.
Oh, uh This is for you.
Yes? What is it? A subpoena ordering you to appear as a witness for the defense.
( suspenseful theme playing ) This just came registered mail, special delivery.
They didn't waste any time, did they? "Dear sir, you are hereby notified "that effective immediately you are relieved of all duties "in connection with the defense of Theodore Balfour.
Very truly yours, Addison Balfour.
" Succinct and official, isn't it? ( rings ) Yes, Gertie? Who? Just a minute.
It's Thurston.
The Balfour butler? Mm-hm.
Send him in.
Send him in, Gertie.
Good morning, Thurston.
Come in.
How do you do, Mr.
Mason, sir? This is my secretary, Miss Street.
How do you do? Is that the notification of your discharge, sir? Yes, how'd you know? A man in my position hears many things.
That's why I had to see young Mr.
Theodore.
I've just been to the jail.
Oh? Here.
Sit down.
Thank you, sir.
Mr.
Mason, I'm aware of what you can do for young Theodore.
More than they can with all their money.
Mr.
Boles is a very clever man.
He usually knows what he's doing.
Then why did he send these telegrams to Mr.
Lawrence Balfour in Chihuahua, Mexico? "Reply your wire.
"Remain Chihuahua.
"No need return till you hear from me.
Signed, Boles.
" He shouldn't have done that, Mr.
Mason.
Mr.
Lawrence should be here at a time like this.
I told young Mr.
Theodore that I was coming here to see you.
What did he say? I've known the boy many years.
I- I can talk to him.
He said if you were willing to stay on as his attorney, he was willing too.
I'm willing, Thurston.
And ignore the fact that you've been discharged by Mr.
Addison Balfour? Why not? Addison Balfour wanted me to teach Ted how to fight.
We haven't finished our lesson yet.
( suspenseful theme playing ) Now, Mr.
Schmidt, do you do all kinds of pistol- and gun-repair work in your shop? I do.
Would you look at the defense table, please? I ask if you recognize the defendant, Theodore Balfour.
I do.
I- I've done lots of work on his guns.
Would you tell this court, please, what transpired between you and the defendant on Wednesday, August 6th, of this year? Yes, sir.
Mr.
Theodore Balfour brought his.
22 revolver to hone down the trigger pull.
BURGER: I see.
And did you test fire this particular revolver in your basement range? I did.
I show you now this envelope which contains eight bullets, and I'll ask you to examine them, please.
Yes, sir.
I saved them.
They come from the.
22 Mr.
Balfour brought in.
The same gun I returned to him on the 5th of September, with the trigger adjusted, of course.
I ask that this envelope containing the eight bullets be marked people's Exhibit B.
No objections.
You may cross-examine.
No questions.
Therefore, as an expert on ballistics, I consider this conclusive proof that the fatal bullet, Exhibit A, and these eight bullets, Exhibit B, were fired from the same gun.
I see.
Thank you, sir.
Your witness.
No questions.
Now, let me understand the position of counsel.
Is it his intention, because the court has overruled the point of once in jeopardy, to take no part in this trial? Because if it is the court warns that it is counsel's duty to see that the defendant is properly represented.
I understand, Your Honor.
I've refrained from cross-examining these witnesses because I have no questions to ask them.
I do intend to participate actively in this trial.
Very well.
You may proceed with the case, Mr.
Prosecutor.
I call Harriet Balfour to the stand, please.
Now, Mrs.
Balfour, do you recall the evening of October 19th of this year? Quite well.
That was the night my husband left for Mexico.
On that evening, did you have a conversation with the defendant? Yes, sir, at the farewell party.
And at the time of that conversation, was the defendant under the influence of liquor? Oh, no, no.
He may have had a highball or two, but he certainly wasn't drunk.
Well, what did he say to you? Well, he said that he understood that George Egan was back in town.
He said that he wanted to have a talk with George.
That if he, Ted Balfour, could respect the fact that I was a married woman, he thought that George ought to respect that too.
I never said anything like that.
I never did.
How could I, Mr.
Mason? And in what tone was this said, angry, mild? MASON: Object, Your Honor.
The question is leading and suggestive.
It calls for a conclusion from the witness.
I think it is proper for the witness to testify as to emotions if they were plainly indicated by the tone of voice.
But the question would seem to be leading.
Very well, Your Honor.
I'll withdraw the question.
What else transpired between you and the defendant? Why, I told him his suspicions were ridiculous, that I hadn't even seen George Egan for more than a year.
And that was all he said to you? Yes.
That's all I can remember.
Thank you, Mrs.
Balfour.
Your witness.
Now, in this, uh, conversation with the defendant, there was the inference that you had not always been loyal in your marriage to Lawrence Balfour, was there not? Not loyal? Of course I'd been loyal.
Then there were suspicions that you had not been a good wife? Oh, no, no, there weren't.
Didn't you say the defendant's suspicions were ridiculous? Oh.
That's all for the moment.
I call Steven Boles to the stand, please.
Now, Mr.
Boles, as an employee of Balfour Allied Associates, what specific duties did you perform on the night of the murder, October 19th? Mr.
Lawrence Balfour was leaving for Tucson, Arizona.
He was to go to Mexico from there.
I saw him safely aboard the train.
That completed your duties for the evening? Yes.
I went home.
Then did you subsequently receive a phone call on the morning of the 20th? I did, about 1:00 in the morning.
And who was that phone call from? The defendant, Theodore Balfour.
What did Theodore Balfour say to you in that phone conversation? He said he was in trouble and to please come to him as soon as possible.
BURGER: And what did you do? BOLES: I went to him.
Well, that's not true.
Why are you-? ( gavel banging ) But he's lying.
Now, I admonish the defendant to restrain himself from any further demonstrations of this nature.
You may proceed, Mr.
Prosecutor.
Thank you, Your Honor.
What did the defendant say to you in this conversation? He told me what had happened that night.
He said he'd had too much to drink, didn't remember driving home, but that during the middle of the night he awakened and remembered that he was to drive out to a Sleepy Hollow cabin and to wait there for a man he called George Egan to have a showdown with him.
Well, did he explain to you what the showdown was about? Just that this Egan had been making improper advances to Mrs.
Lawrence Balfour.
BOLES: Ted wanted him to stop.
BURGER: I see.
Go on, Mr.
Boles.
BOLES: He said that he drove out to the Sleepy Hollow cabin, busted in on Egan, Egan attacked him with a chair, this started a fight.
Now, he said that he'd taken a small-bore gun with him to frighten Egan with, and that during the fight it had gone off.
He said it was an accident.
And then what did he say he did? He said he drove Egan's body out to a deserted road, ran over it several times with his car to make it look like an accident so the police wouldn't look for a bullet.
BURGER: Go on.
He asked me to take charge of things.
I told him that since this obviously was a case of self-defense, he should report it to the police and tell them that he had acted in fear of his life.
Then what did you do? I went home.
The next morning I learned that he was to be prosecuted for an involuntary homicide with a car.
And what did you do after that? I did nothing.
I see.
Thank you.
Your witness.
JUDGE: Before cross-examination starts, I see it is the hour for the noon adjournment.
The court will now take a recess until 2:00.
( suspenseful theme playing ) Well ( sighs ) I anticipated they would try to make things tough for me, but I didn't think Boles would get on the stand and commit deliberate perjury.
So ruthlessly.
It's kind of frightening.
And in another way, it's a clever story.
It gives the jury a chance to disagree or to find my client guilty of second-degree murder.
So in a manner of speaking, he's still protecting Ted.
Well, he told me he was going to be playing percentages, and he certainly is.
( rhythmic knocking on door ) Did you send your man to Chihuahua, Paul? He's there now, waiting for Lawrence Balfour to come back from the wilds.
There doesn't seem to be any way to get out there after him.
Well, you better phone your man.
I want him to get me copies of those wires that were sent to Boles and Lawrence.
All right.
Perry, here are some bits and pieces we picked up on Boles.
Records, bank accounts and so on.
Which brings us to one George Egan.
What about him? The reason George Egan left California 14 months ago was that Boles sent him away, paid him and bought him off.
Why? That I have not been able to find out.
You were going to get me duplicate driving licenses on Egan, Boles and Lawrence Balfour.
Did you get them? They're on their way from Sacramento.
Should be in this afternoon's mail at the latest I'll need them as soon as they arrive.
And, Paul, can you get me a set of the decedent's fingerprints? Sure.
They take 'em as routine.
I'll pick them up this afternoon.
That's not soon enough.
All right, right after lunch, which, uh, I haven't had yet.
No time, Paul.
We're due back in court right now.
Mr.
Boles, do you remember an occasion a short time ago when you and I had a talk at your office? Perfectly.
At that time, didn't you tell me that Lawrence Balfour had confronted George Egan, that Balfour had done the shooting, that he called you, that you told him he should fly to Tucson, rejoin his train, that you would take care of everything here? You mean I told you that? Didn't you? Why, that's preposterous.
Then did you not tell me that you took the body out to the highway and made it appear a hit-run accident? Certainly not! Mr.
Mason, just what is the purpose of this fabrication? ( door opens ) May I ask the court's indulgence for a few moments? Certainly, Mr.
Mason.
Would you like a brief recess? Thank you.
I don't think that will be necessary.
Do you have everything, Paul? Duplicate licenses from Sacramento, a copy of the dead man's fingerprints, and I talked to my man in Chihuahua.
There have been no telegrams from Lawrence Balfour to Boles, No telegrams? None.
Perry, take a deep breath.
What for? We traced George Egan to Norman, Oklahoma.
He died there eight months ago.
Of course.
Of course he did, Paul.
Uh, thank you, Your Honor.
Now, Mr.
Boles, did you know the so-called decedent, George Egan? The "so-called" decedent? What does defense counsel mean by that? We've established the identity of the decedent.
Your Honor, certain papers were found on the mutilated body.
Identification seemed routine and went unchallenged.
However, information has just come to me that George Egan died of a coronary thrombosis on February 14th of this year in Norman, Oklahoma.
All other vital statistics verify this George Egan as the same George Egan whose identity was presumed by the prosecution.
May I see that information, Mr.
Mason? Also, Your Honor, I submit a photostatic copy of George Egan's driver's license with its identifying thumbprint and this set of prints taken from the murder victim.
Your Honor will note that the prints do not match.
Now, Your Honor, I would like the witness to answer whether or not he knew George Egan.
Answer the question, Mr.
Boles.
I may have.
He was a former friend of Harriet Balfour.
He left Los Angeles He took a position with Balfour Allied Associates in Norman, Oklahoma.
Who gave him that job? I may have.
What were his duties in Oklahoma? I may have just wanted him out of Los Angeles.
What it all boils down to is that you bribed George Egan to stay away from Harriet Balfour.
He was a potential source of trouble.
I try to think ahead.
Didn't you make a trip to Oklahoma eight months ago, just after his death, in order to supervise the closing of George Egan's estate? I may have.
We've had enough of these "may haves," Mr.
Boles.
All right, then.
I did.
And therefore it was someone else who died in the Sleepy Hollow cabin, wasn't it, Mr.
Boles? I can't say positively.
Can't you? How did Egan's identification get on the now unidentified body? All right, then.
Let's get back to that body.
If he wasn't George Egan, who was he? And who used Egan's identification at motels and hotels around town, keeping various engagements with Harriet Balfour? MASON: Who rented drive-yourself cars in Egan's name? And who has been Harriet Balfour's lover, the man who waited for her at that cabin, the man who flashed his light in a heartsick husband's eyes, the one you've been trying to protect first, last and always, Mr.
Boles? You're making a mistake, Mason.
Am I, Mr.
Boles? Aren't you that man? Aren't you Harriet's lover? How could I be? He was- Go on, Mr.
Boles.
You were about to say how could you be her lover when her lover was shot by Lawrence Balfour.
But suppose Lawrence's shot went wild.
Suppose you dropped to the floor, pretending to be dead, your brain working all the time.
You knew Lawrence's first thought would be to get in touch with you.
All you could think of was to get back to your apartment.
I tell you, you haven't got this thing figured out.
You're jumping to a wrong conclusion! Your Honor I think we can put the lie to this man's complete testimony if I may recall a witness.
Mr.
Burger? No objection, Your Honor.
I call Harriet Balfour to the stand.
( clears throat ) Remember, Mrs.
Balfour, you're still under oath.
What do you want with me, Mr.
Mason? I want to ask you if you left the train at Colegrove Station and went directly to Cabin 5 at Sleepy Hollow on the night in question.
No, I did not.
And you are now and always have been a faithful and constant wife to your husband, Lawrence Balfour.
Yes.
Have you been corresponding with him? Yes, I write him every day.
I receive his letters in batches when his runner gets back to camp.
I see.
Now, would you kindly explain to this court how you could possibly correspond with a corpse? What do you mean? It's simple.
The right thumbprint of your husband, Lawrence Balfour, on this copy of his driver's license matches the right thumbprint of the corpse.
No.
It can't be.
It can't be.
May I see those documents, Mr.
Mason? Of course, Your Honor.
I think you have identified the decedent for us, Mr.
Mason.
JUDGE: You may proceed.
Now, Mrs.
Balfour, did you go to the Sleepy Hollow cabin on the night of October 19th? Yes, yes, I did, but I didn't stay there.
I returned home.
And was the man in that cabin, the man you'd been seeing behind your husband's back, Steven Boles? Yes.
Yes.
I'm sorry, Steve.
I can't lie anymore.
That's refreshing to hear you say that, Mrs.
Balfour.
Now, while at home, were you shocked to discover Lawrence returned? Home? He never came home.
Didn't you overhear his phone conversation with Steven Boles? What phone conversation? I don't understand.
That was when he turned on you and told you he'd discovered your double-dealing.
That's when he told you that no matter what else happened, you were through, you were uncovered, wasn't it? No, no, of course not! And when he said that, didn't you then pick up Ted Balfour's gun, the gun your husband had left near the phone, and didn't you then calmly put a bullet through his brain? MASON: Mrs.
Balfour, I say an examination of the rug near that phone will reveal your husband's blood, and even a hundred cleanings cannot wash away its traces.
Now the truth, Mrs.
Balfour, did you not kill your husband? ( sobs ): Yes! Yes! Yes! ( dramatic theme playing ) No, Boles acted from the first to protect the Balfours.
He was true to his trust until he himself became involved.
Then it was after Harriet shot Uncle Lawrence that she called Boles.
What was he to do? He was faced with an accomplished fact.
Harriet probably said to him, "All right, Mr.
Troubleshooter, fix up this trouble.
Both of us are in it now.
" So he made it look like a hit-and-run accident, and then sent one of his men to Mexico to assume Lawrence's identity.
Boles figured he'd wait for a suitable time, go down to Chihuahua, and dig up some evidence showing that Lawrence had died in an accident there.
He even sent wires to Uncle Lawrence in Chihuahua.
That was his biggest mistake.
One of the messages read, Reply to your wire.
Investigation revealed Lawrence never sent a wire.
Mason, you did a fine piece of work.
Present your bill to Balfour Allied Associates.
Which bill is that, grandfather? For legal services or for teaching me how to fight? ( upbeat theme playing ) ( noirish jazz theme playing )