Perry Mason (1957) s02e07 Episode Script

( suspenseful theme playing ) ( mellow jazz theme playing ) But there must be some mistake.
I know my husband took care of the payment last week.
Look, cou- Couldn't you at least wait until my husband gets home, and maybe he- Oh, darling, I'm so glad you're home.
These men are from Walsh's.
Yes, I know, I- I saw the truck outside.
Danny- Danny, I can't go on like this! I go crazy wondering what's going to be repossessed next.
Yes, I know, I know, but- Things'll improve, you'll see.
You've said that before, Danny.
I don't care about myself, but what about the baby? Oh, yeah, how is she? ( whispering ): Oh, she's asleep.
( babbling ) No, she isn't.
Hi.
Hi, sweetheart.
Got a kiss for old dad, huh? I bet she does.
Come here.
Come here.
String.
Oh, yeah, a nice big string.
Aw.
What'd the doctor say today? She's got to have a new brace.
$85.
$85? $120 just two weeks ago.
Would you-? Would you like me to take her to the clinic? Did I say that? No, I'll- I'll find the money somehow.
There we go.
Sleep? Lay down? No.
Oh.
Let's just put you down.
BABY: Bye, daddy.
Danny.
Danny, why don't you let me ask my father? After what he said? Oh, all he said was what any parent- I won't take a penny from him.
All right.
You'll have to find something else to do.
You can't go on teaching school and working nights.
Eileen, please, let's not go into that again.
I love teaching and I'm not going to give it up.
All right! I want a divorce.
Oh, Eileen, honey, look, you don't know what you're saying.
Yes, I do, Danny.
I don't mind scrimping for myself, but I won't let Carol suffer.
Honey, I promise you, I'll take care of everything.
I'll get the money somehow.
How? I said I'd get it.
CAROL: Mommy, come here.
All right, darling, coming.
( dramatic jazz theme playing ) ( mellow jazz theme playing ) EILEEN: It's been going on like this ever since I had the baby, Perry.
That's when I quit my job.
Danny didn't want me to go on working.
I'd love to help, Eileen, if only because you were the first woman who ever proposed to me.
( laughs ) It was on her father's farm in Oregon.
She was seven at the time.
I was not! I was 8 and a half, and you turned me down.
He probably thought you were too old for him.
Heh-heh.
Now, seriously, I'll do anything I can.
Now, what'd you have in mind? A divorce.
Aren't you in love with Danny? That has nothing to do with it.
We need money desperately.
Danny could go to work tomorrow for almost any engineering firm in the country, but no.
He's got to kill himself by holding down two jobs.
He- He acts as though teaching were a holy calling.
I know a lot of doctors and lawyers who feel the same way.
Do their wives and children have to suffer for it? Uh I'm sorry, Eileen, I I just- I just can't think you'd be better off with a divorce.
Now, you You ought to see Danny's side.
I have.
He has nothing but foolish pride.
Oh, so far the baby hasn't suffered from it.
Do I-? Do I have to wait for that? Here, why don't you let us help you? Oh, no.
No, I couldn't take money from you.
All right then.
Suppose I see Danny? No, thanks.
Why I don't mean to sound ungrateful, Perry, but I'm tired of talk.
I'm tired of hearing all the clichés about how everything will turn out all right.
Thanks for seeing me, anyway.
Goodbye, Miss Street.
Goodbye.
( door opens ) ( door closes ) Wondering what she's going to do now? I hope she's going to see another lawyer.
Della.
Mm-hm? See if you can find out where Danny works nights.
Right.
( door opens ) ( slow jazz theme playing ) Let's see, that's With tax, Thank you.
'Night.
Hm.
Eighty-three cents.
Well that ought to take care of next month's rent, huh? I guess not.
I don't know how long I'm gonna be able to keep you on, Dan, I'll be honest.
Boy, since they built that new diner down the block Yeah, I know, Luke.
Ah, this is no job for a school teacher anyway.
You know, I've often wondered why a guy with your background and education- ( door opens ) Customer.
( slurring ): I'd like some service at a table, please.
( sniffs ) Hello, Danny.
Hello, Frank.
I'd like a cup of coffee, black, and a bowl of chili.
Chili, a bowl.
Right.
I thought you were gonna grow up to be a school teacher, Danny.
What's the matter, board of education get wise to you? Bowl o' chili.
Is he givin' you a rough time? He's loaded.
Danny, you were the smartest boy on the block.
Smart one.
Look at you now, slingin' hash.
What do you teach in that high school of yours? Cooking? ( Frank laughs ) How to succeed? This stuff is slop.
Would you like to order something else? No, I want a bowl of chili, not that slop! If that's slop, you're in the right place, pal.
'Cause you're nothin' but a lousy pig.
He's drunk, Luke.
That's no excuse.
My friend, you're not only gonna pay for it, but you're gonna clean it up too.
No, Luke, I'll clean it up.
No, you don't! He's the pig that made this mess.
He's gonna clean it up.
Is that so? This is all I need, with all my other troubles.
Call the cops.
No, no.
I know where he lives.
I'll take him home.
What do you wanna bother with him for? Oh, it's on my way.
Well, okay, business is lousy anyhow.
You may as well go.
First, I'm gonna get what he owes me.
Here we are.
Oh, brother! Let's see, the chili and coffee was 40 cents, the busted bowl was 65, that makes $1.
05.
I'll settle for a buck even if he's got one in here.
Ah, there it is, the little stranger.
I'll get my coat.
All right, Frank.
Yeah, okay.
Come on, you, up! Up and out.
This is a place of business.
What time is it? Get out.
Come on.
All right, Frank.
What? Come on, you're home.
I'm all right.
Yeah, I know.
Now, come on, buddy.
Where we goin'? Your place.
I'm- I'm fine.
Yeah, I know.
I don't feel so hot.
Just wait till I get you upstairs.
You can't talk to him now, Linda.
He's drunk.
I've got to talk to him, Phil.
But you can't.
Danny? Yeah, Frank.
What time is it? Yeah, yeah, now t- Take it easy, huh? Wait a minute! I live over there.
Okay.
Now, Frank.
Huh? Let me have your key.
I don't got my key.
Frank! What? Give me your key.
No.
For crying' out What are you doing? I'm trying to get your key! Leave me alone! Hey, how about a little less noise out here? I'm sorry, I was, uh- I was trying to find his key.
Well, try over the door.
Thank you.
Stay there.
( mumbles ) ( sighs ) Come on.
( engine turns over ) ( mellow jazz theme playing ) ( screams ) ( dramatic theme playing ) Eileen, honey, don't be mad.
You better finish your lunch, Danny, you'll be late for class.
Now, come on, you've got to listen to me.
( doorbell rings ) Mrs.
Harrison? Yes.
My name is Tragg, Lieutenant Tragg.
HARRISON: Is anything wrong? You Daniel Harrison? Yes, I am.
Wonder if you'd mind answering me a few questions? Well, I'm late for work now, officer.
You see, I'm a school teacher.
Yes, I know, I know.
You, uh- You also work nights at Luke's place.
I think you teachers call it, uh moonlighting.
You own a gun? Say, what is this all about? Just answer my question, if you don't mind.
Do you own a gun? No, I don't.
You pawned one yesterday afternoon.
I, um I needed money.
Why did you say you didn't own a gun? Because I don't own a gun.
As you said, I pawned it yesterday.
Now, it's not necessary to lose your temper.
I'm not losing my temper, sir.
It's just that I wanna know what this is all about.
How well do you know Frank Curran? Why? He was murdered last night.
( quietly ): Murdered? I- I can't believe it.
You could take my word for it.
You were the last one to see him alive.
Well? Weren't you? You took him home last night.
Well, he was all right when I left him.
I think you better come with me.
No! No, you can't do this.
That's all right, honey.
Oh, Danny! Now, don't worry, baby.
Baby, please, now.
Look, I'll take care of this thing in no time.
Just call the school, and tell 'em I'll miss my fifth period class.
Okay? ( somber theme playing ) Dan- ( sobbing ) Drink your milk, sweetheart.
( dramatic theme playing ) ( door opens, closes ) Hello, Danny.
How do you feel? Have a cigarette? How do you think I feel? How would you feel if they dragged you down here, fingerprinted you like you were a crook or something? Have you seen Eileen? She's fine.
So's the baby.
Do you know what the doctor says? In a couple years, that leg is gonna be as good as new.
I see improvement already.
Eileen doesn't think that I- That I did this? Of course not.
Now, we don't have much time.
Come on, let's get to work.
Tell me, why did you offer to drive Frank Curran home last night? Well, I couldn't leave him on the floor at Luke's place.
He was drunk, and Luke was gonna call the police.
The police say Curran was robbed.
Apparently he had over $2,000 in cash on him.
Did you know that? Are you sure that wasn't your reason for volunteering? Well, you needed money badly.
Look, Mr.
Mason, if you think I'm guilty- Danny, I'm just trying to determine the facts.
If I wanted that money, I didn't have to kill Frank.
I could've just helped myself.
Supposing he saw you helping yourself, and tried to call for assistance? Is that what you think happened? That's what the police think.
All right, let's start from the beginning, from the time you parked your car in the rear of his apartment building.
Did you notice anyone around? Well, it seems to me there was a couple in a convertible.
I'm not sure, though.
Go on.
Well, I- I managed to get Frank into the elevator and up to the fifth floor.
Then I started hunting for his keys.
I guess we made some noise, because a fella came out from across the hall and said there was a key over the door.
So, you let yourself into his apartment? Yeah.
And then? Well, as soon as we got in the room, Frank broke away from me, stumbled across the room and fell on the sofa.
I figured I might as well leave him there.
Did you undress him? No, I loosened his collar and took off his shoes.
When they found him, he was wearing pajamas.
Maybe he sobered up.
All I know is that I left him on the sofa.
Anything else to tell me? No.
Now, think about it for a moment.
Well, I I remember he- He stumbled when he- When he fell on the sofa, and knocked over an end table.
What was on the end table? Oh, just some books and magazines.
I picked them up, put 'em back.
Did you pick up anything else? What about a bronze bookend? Yeah, I forgot about that.
There were a pair of 'em on the table.
I- I picked them up and put them back.
Did you tell that to the police? Well, no, I- I didn't think of it till now.
What difference does that make? Quite a lot, Danny.
One of those bookends was the murder weapon.
( dramatic theme playing ) "Curran, Frank.
Age: 32.
Single.
"Address: 1417 Chetley.
Occupation: vice president of Atlas Construction Company.
" Which doesn't mean a thing.
His old man's chairman of the board.
Atlas is the company that made that new freeway near Whitlock.
"Close friends: none.
Hobbies: wine, women, and song.
" That doesn't tell me enough, Paul.
Who are the women? There must be one or two in particular.
I'm checking on that now.
Where'd all the money he was carrying come from? Poker game.
Curran played cards every Tuesday night.
Oh, where? At the, uh, Mayberry Hotel.
I'm trying to run down everyone who sat in the game.
Concentrate on the losers.
Have you talked to Luke Hickey yet? No, I haven't had a chance.
Maybe I should do that myself.
Do you want me to have him come in? No, I'd like to look his place over.
Call Della the minute you get something, huh? Will do.
Bye, beautiful.
( dramatic theme playing ) I don't care what it looks like, lieutenant.
I tell you, Danny didn't kill that guy.
Well, of course you'll admit that you're prejudiced.
You're darn right I am.
Hm.
Look, I know Danny Harrison.
He'd give you the shirt off his back.
Let me put a head on that for ya.
Thank you.
Um, whose idea was it that Harrison take, uh, Frank Curran home? Mine.
Oh, was it also your idea that Harrison use his own car? Well, Curran's car was parked in the lot behind your place all that night.
We just towed it home today.
What does that prove? Look, lieutenant, I'm tellin' you, you're barkin' up the wrong tree.
I saw this guy Curran once, and immediately I could tell he was strictly a wrongo.
And I'll lay you eight to five he's had trouble with the dames too.
What do you think of that? Heh, heh, heh.
You know what the French say: Cherchez la femme.
( all laugh ) TRAGG: Yeah, I'll bear that in mind, uh Well, hello, counselor.
How are you, lieutenant? Couldn't be better.
Sarge.
Well, I, uh, kinda figured that you'd be showing up here.
Oh, Mr.
Hickey, this is Perry Mason.
Hello, Mr.
Hickey.
You just call me Luke.
Well, I imagine you two have a lot to talk about.
Oh, Perry, Mr.
Hickey has some very interesting ideas about the murder.
He thinks we should, uh, cherchez la femme.
Well, give it some thought.
I always do.
Sarge.
I'm, uh, glad to know you, Mr.
Mason.
Say, I sure hope you can do somethin' for Danny.
He's a good man.
What did you tell the police? Oh, you don't have to worry, I didn't spill a thing.
I told 'em that it was my idea for Danny to drive Curran home.
That's too bad.
Danny's already admitted it was his.
Yeah, but he didn't kill that crumb.
I believe that, but we can't prove it with lies.
May I have some coffee, please? Sure.
Business usually this slow? I hate to tell you.
I bet I haven't got four bucks in that cash drawer of mine.
You knew that Curran had a small fortune on him when he was in here, didn't you? Look, Mr.
Mason, you, uh, got any idea that I knocked this guy off and took his roll, why don't you just come out and ask me, huh? All right.
Did you murder Frank Curran? No.
Not that I've got scruples, I, uh, just didn't think of it.
Say, uh, incidentally, Mr.
Mason, I'd like to ask you a question.
That Lieutenant Tragg has been pumpin' me like crazy.
Now, would I have to go on the stand? Say, if I didn't want to? Well, if you mean, can they force you to testify, the answer's yes.
( mellow jazz theme playing ) 'Morning, Miss Street.
Good morning, Mr.
Mason.
Nothing like starting the day on another formality, I always say.
Any calls? Mm-hm.
Was Luke Hickey helpful? Not too.
I have a hunch he has his own idea on how to save Danny.
Like what? Well, like disappearing so they can't put him on the stand.
Now, we'd better have Paul detail two men to check on him wherever he goes.
( telephone rings ) Yes, Gertie? Put him on.
It's Paul.
Hi, Paul.
What's doing? Perry, I got something on Curran's girlfriend.
At least she was his girlfriend up to six weeks ago.
Her name's, uh, Linda Kennedy.
She runs a swank dress shop in Pasadena.
Have you talked to her yet? All right, I'll meet you there in 20 minutes.
( elegant theme playing ) Now, this is our latest creation for the fall.
We call this Evening Romance.
Very pretty.
What do you think, Paul? Hm? Oh, yeah, very pretty.
But isn't that a little, uh- Oh, you know how Della is.
Well, if you'd like something a little more unusual, I have just the thing.
Suppose we show the gentlemen Evening Song.
Thank you.
It's too bad about Frank.
I beg your pardon? Frank Curran.
I understand you used to go with him.
What are you, detectives or reporters? A detective.
We heard you considered yourself engaged to Mr.
Curran.
That happens to be anything but the truth.
The night he died, you called him seven times at the Mayberry Hotel where he was playing cards.
If you're suggesting I ran after Frank Curran, you're out of your mind.
Not now.
Would you mind telling us what you did on the night he was murdered? I went out to dinner with my partner, Phil McCabe.
He drove me home.
What time was that? Around 11:30.
You didn't go out again? No, and if you have any more questions, you can see my lawyer.
MAN: What's the trouble, Linda? No trouble, Mr.
McCabe.
You are Mr.
McCabe? That's right.
These are policemen, Phil.
I didn't say that, Miss Kennedy.
You asked if we were detectives.
This gentleman is a detective.
A private detective.
Get out.
Miss Kennedy said she was with you the night Frank Curran was murdered.
Obviously you didn't understand me.
We're not going to answer any more questions.
You mean at this time.
I mean at this time or any time.
I suggest you investigate the power of a subpoena.
Good day, Miss Kennedy.
( dramatic theme playing ) ( dramatic jazz theme playing ) Mr.
Palmer's here to see you.
Send him in.
Mr.
Palmer.
Come in, Mr.
Palmer.
Nice of you to come up here.
Well, I'm glad to do it.
Though, I don't know how I can help your client.
You never know unless you try.
Here, cigarette? Oh, don't mind if I do.
Sit down, won't you? Thank you.
I understand that you identified Daniel Harrison for the police.
Now, if you're going to ask me if I'm sure that he's the man that brought Frank Curran home that night, you're wasting your time.
Because there's no question in my mind.
There's no question about what my client did, Mr.
Palmer.
There's absolutely no question that he left Luke's Cafe and tried to play Good Samaritan.
What I'd like to know is what caused you to open the door at that hour? Well, you should have heard the racket they made.
A man would have to be deaf to sleep through that.
But you weren't asleep.
My client told me that when you opened the door you were wearing trousers underneath your robe.
Most of us remove them before we retire.
Well, I was watching some TV.
At 2:00 in the morning? It so happens that when I'm all wound up, I watch TV.
It helps me to relax.
Well, um, why were you so wound up at this particular time? Look, Mr.
Mason, I came up here of my own free will to try to help.
And you have.
Well, all I've got to say is you've got a mighty strange way of showing your gratitude.
( door slams ) Why was he so mad? I wonder.
( knocking on door ) I'll get it.
Come in, Paul.
You busy? No.
Well, Wallace just checked in, and your hunch was right.
Luke Hickey did not open his place this morning.
First, he went to the Chandler Restaurant Supply Company on Ventura.
Then, he checked into the, uh, Baldwin Motel in the valley.
He registered under the name of Henry Johnson.
Better keep him under surveillance.
All right, what else? Well, Faulkner finally came through.
There were a couple of other winners in that poker game.
I'm more interested in the losers.
First, there was a man named Eric Hartley.
He dropped $2,200 but he can afford it.
He owns Hartley Motors.
Then, there was a guy named Stewart Leghorn.
He lost $250.
Now hold on to your hat.
There was one other loser.
George Palmer.
How much did he lose? Fourteen hundred dollars.
That might explain why I hit a raw nerve when I asked him about being so wound up.
He was just up here.
How did, uh-? How did Palmer pay his losses to Curran? He gave Curran an IOU, and according to our information, this is not the first IOU he's given him either.
Curran kept a record of them in a little black-leather memo book.
Did the police find the book or the IOU on the body? No.
Well, what happened to them, Paul? Don't ask me.
But it's important, Paul.
Burger is basing his case on the fact that our client needed money and helped himself to Curran's money.
Now, there's no logical reason that Danny Harrison would take that IOU, or the notebook.
They wouldn't mean a thing to him.
DELLA: They would mean a great deal to someone who owed Curran money.
That's right.
Now, we have to prove the existence of both the notebook and the IOU before we go to trial on Monday.
We have to make their disappearance seem significant.
They could very possibly be destroyed by now.
I hope so.
If we can come up with evidence that they have been, I can get my client acquitted.
Well, just where do you go to look for something you hope is destroyed? Well, it's easy.
You make it an essential part of the district attorney's case.
Then he has to produce it.
( mellow jazz theme playing ) ( dramatic theme playing ) Now, lieutenant, what were the findings of the police laboratory with regard to this bookend? On submitting this to examination, we found hair and blood that matched those of the deceased.
Did you find anything else on here? Yes, sir, we found several fingerprints.
The one on the right- This one? Yes, sir.
That's an enlargement of a latent print we, uh, took off the bookend.
And what is this other print, lieutenant? The thumbprint of the defendant, taken at police headquarters.
BURGER: Would you say these two prints are identical? TRAGG: Yes, sir, I would.
As you will see, there are, uh, over 14 points of, uh, similarity.
Thank you, lieutenant.
You may cross-examine.
Now, lieutenant, did you tell the defendant that you discovered his fingerprints on the murder weapon? No.
No, I didn't.
So, then he had no chance to explain them? No.
Did you find the defendant's fingerprints elsewhere in the apartment? Yes, in several places: on a light switch, the door, an end table.
Which merely proves that he had been in the apartment.
Now, the defendant never denied that, did he? No.
No, he didn't.
Thank you, lieutenant.
That's all.
You may stand down.
Call your next witness, Mr.
Burger.
I call Luke Hickey.
Luke Hickey.
Luke Hickey? Your witness doesn't seem to be in the courtroom, Mr.
District Attorney.
Will the bailiff try to locate the witness in the corridor? Your Honor, Mr.
Hickey is a close friend of the defendant, and he has been, from the outset, most uncooperative.
Has he been subpoenaed? He has, Your Honor.
This witness is vital to our case.
Clerk will draw an order for the arrest of the witness, Luke Hickey, and produce him in court forthwith.
Proceed with your next witness, counselor.
Thank you, Your Honor.
I call Miss Linda Kennedy to the stand.
CLERK: Miss Linda Kennedy.
LINDA: And I was parked right there when I saw this other car pull into the parking lot.
BURGER: Like this? Yes.
And then the defendant and Mr.
Curran got out of the car.
Or, rather, he helped Frank out of the car.
Did you notice anything at all that would indicate the attitude of the defendant toward Mr.
Curran? Well, he seemed annoyed with Frank.
I remember I heard him say: "Just wait till I get you upstairs.
" "Just wait till I get you upstairs"? He said that? Yes.
I didn't mean it that way.
He was feeling sick.
He wanted to lie down.
What time of night was this? About 2:00 in the morning.
I see.
Thank you, Miss Kennedy.
Your witness.
Now, I believe you've testified that you were sitting in your car from 1:00 in the morning until you saw the defendant arrive with Mr.
Curran? That's right.
When did you leave? Right after Frank arrived.
I realized he was in no condition to talk, so we drove home.
We? Mr.
McCabe and myself.
May I ask why you and Mr.
McCabe wanted to see Mr.
Curran at that hour? I object, Your Honor.
That question is incompetent, irrelevant and immaterial.
If it please the court, I feel that I'm entitled to show all the circumstances in cross-examining this witness, including anything in a relationship with the deceased which might tend to indicate bias.
The objection is overruled.
You may continue, Mr.
Mason.
Thank you, Your Honor.
I'll repeat the question, Miss Kennedy.
Why did you and Mr.
McCabe want to see Mr.
Curran at 2:00 in the morning? Mr.
McCabe didn't want to.
I did.
I'd been trying to see Frank for days.
Mr.
Curran had been avoiding you? Yes.
Why? Why? Because I kept asking him to marry me.
And Mr.
Curran refused to marry you? He wouldn't even talk to me on the phone.
What did Mr.
McCabe hope to accomplish by accompanying you? He just didn't want me to talk to Frank alone.
You're very fortunate to have so thoughtful a business partner, Miss Kennedy.
But then, Mr.
McCabe is much more than your business partner, isn't he? I don't know what you mean.
Your Honor, I would like to have this marked for identification.
( clears throat ) Thank you.
Have you ever seen this before, Miss Kennedy? Yes.
It's a marriage license.
Phil and I took it out in Las Vegas two days ago.
And yet, just a short time ago, you waited until to ask Frank Curran to marry you? That's right.
Were you in love with Frank Curran? I loathed him.
I thought he was the most despicable man that ever lived.
Thank you, Mrs.
McCabe.
That will be all.
( dramatic theme playing ) ( mysterious theme playing ) ( knock on door ) Hey, what's the idea? Well, the idea is very simple, Mr.
Hickey.
The district attorney wants to talk to you.
How'd you know where to find me? Now, now, I didn't ask you how you ran your restaurant.
Get his coat, and, uh, take his razor along.
And then about 1:00 we settled up.
Frank Curran was the heavy winner.
He must have had over $2,000 in cash on him.
Are you sure of the amount? Well, I saw two $500 bills myself.
What did you do when you left the poker game? I went home.
And it was after that, as you previously testified, that you saw the defendant in the corridor with the deceased, Frank Curran? Yes.
What time did you go to bed that night? Oh, about a quarter to 3.
Did you hear the defendant leave the deceased's apartment before you retired? PALMER: No, sir.
I didn't.
BURGER: Did you hear anything else? Well, yes, around 2:30, I went to the kitchen to get myself a beer.
I heard a voice say, "What do you think you're doing? Put that back.
" At the time, I thought it came from the television set.
But I assume that since then, you've changed your mind? Yes, sir.
Now I know it was Frank Curran's voice.
Thank you, Mr.
Palmer.
That's all.
Cross-examine.
Mr.
Palmer, you say the poker game broke up around 1? Well, maybe a few minutes before.
May I ask how you made out in this particular game? I lost a few dollars.
Standards vary, Mr.
Palmer.
What do you call "a few dollars"? Fourteen hundred.
( crowd murmuring ) ( gavel banging ) How much do you earn weekly? A hundred and thirty.
Or less than 10 percent of your losses? I don't always lose.
No, but this week you did.
How did you pay Mr.
Curran? I gave him an IOU.
Didn't Mr.
Curran hold several of your IOU's? He did not.
I made them good a long time ago.
Isn't it true that Mr.
Curran kept a record of the money that you and other players owed him in a small leather notebook? Yes.
Did you see that notebook on the night of the game? Yes.
Can you tell us what subsequently happened to it? No, I can't.
Are you sure, Mr.
Palmer? How many times do I have to tell you? Just once, if it's the truth.
That's all, Mr.
Palmer.
JUDGE: The witness may stand down.
Well, gentlemen, since it's nearing noon hour, I think this is as good a time as any to recess.
Court stands adjourned till 2:00 this afternoon.
( crowd murmuring ) We've gotta find that notebook and the IOU's.
Well, we've checked on everything, Mr.
Burger.
It hasn't turned up.
Well, we're gonna have to check again.
Don't you see what Mason's doing? He's hinting that the IOU and the notebook would have had no value to Harrison, therefore, he wouldn't have taken them.
And we know that Curran had 'em with him when he left the poker game.
Oh, Mrs.
McCabe.
BURGER: Could I see you for a moment? I wonder if you could help us.
I'll be glad to do anything I can.
I don't want to embarrass you, Mr.
McCabe- Oh, that's quite all right.
- but you did know Frank Curran pretty well, didn't you? Yes, I did.
Would you know any place that he kept his valuables? Well, he had a vault at the Security State Bank.
No, other than that.
Well, he had a special compartment built in his car where he kept a revolver.
He thought the glove compartment was too obvious.
TRAGG: Well, did he keep anything else in there? I couldn't say.
Where was this compartment? Underneath the dashboard, right next to the steering wheel.
The knob that operates it looks rather like a choke button.
Thank you, Mrs.
McCabe.
Thank you, sir.
( mysterious jazz theme playing ) MAN ( on radio ): Unit one-eighth mile east of 395.
1183, car turned over.
Code 3.
Frank Curran.
This is it.
MAN ( on radio ): 344 from Eighth and Washington, Station A.
33, disregard.
251-A, Code 7, station.
MAN 2 ( on radio ): Unit 7, come in.
Correction, Unit 3, come in.
Station A, Unit 3? Station A, Unit 3, come in.
Unit 3, no response.
"I owe you $1,400, George Palmer.
" Well, I've got a hunch Mr.
Burger is gonna be very happy about this.
But isn't it true, Mr.
Hickey, that the defendant only suggested taking Frank Curran home after you had suggested calling the police? Your Honor, I object.
Counsel is cross-examining his own witness.
If it please the court, Mr.
Hickey is a hostile witness, as Mr.
Mason knows very well.
The objection is overruled.
You may proceed, Mr.
Burger.
Thank you, Your Honor.
( crowd murmuring ) Mr.
Burger? May we approach the bench, Your Honor? If the court please, at this time, I should like to withdraw this witness temporarily, and recall Lieutenant Tragg to the stand.
Your Honor, I see no reason why Mr.
Hickey can't finish his testimony.
Furthermore, I see no reason why Lieutenant Tragg should be recalled.
If the court please, Mr.
Mason has been insinuating from the very beginning that the disappearance of a small leather notebook belonging to the deceased is the principle motive for this crime.
Lieutenant Tragg has now discovered that notebook.
I maintain the introduction of that notebook is incompetent, irrelevant and immaterial.
Not when you, sir, have been hinting that it's disappearance is a prime factor in this case, and that Mr.
Palmer may have taken it.
Your Honor, I think I should have a chance to rebut that suggestion.
Of course, gentlemen, this is a matter wholly in the discretion of the court.
But I agree with Mr.
Burger.
I think he should be afforded the opportunity he requests.
Is Lieutenant Tragg needed elsewhere? Yes, Your Honor, he's needed at headquarters, and this will only take a few minutes.
All right, then we'll hear him now.
Mr.
Hickey, will you step down for a few minutes? Lieutenant Tragg, will you please take the stand? In the compartment under the dash, I found this book.
And what about Mr.
Palmer's IOU? TRAGG: It was in the book.
Thank you, lieutenant.
That will be all.
With the court's permission, I would now like to complete my direct examination of Mr.
Hickey.
If the court please, I have one or two questions of Lieutenant Tragg on cross.
You may proceed, Mr.
Mason.
Thank you, Your Honor.
Lieutenant, you testified you found this in the decedent's car at the police garage? Yes, sir, the car was towed there the day after the murder.
Towed? Yes, by, uh, Officer Davis.
Was the ignition key in the lock? TRAGG: Yes, it was on the chain with his other keys.
By any chance, did you try the ignition key? Yes, I did.
Did it work? No, it, uh, wouldn't turn.
But it did fit the lock? Perfectly.
Thank you, lieutenant.
That'll be all.
JUDGE: You may stand down.
Now, Your Honor, may we have Mr.
Hickey resume the stand? Now, Mr.
Hickey, I was asking you, did the defendant volunteer to take Frank Curran home? That don't mean anything.
But the answer is yes? Answer the question, please.
Yes.
And did the defendant know that the deceased had on his person a large sum of money? HICKEY: You might as well blame me.
I went through his pockets.
Yes, but you didn't volunteer to take him home, did you? No.
And the defendant did volunteer to take him home, didn't he? Well, yes, but- Even though Frank Curran was getting violent and abusive? Thank you, Mr.
Hickey, that will be all.
Your witness.
Now, Mr.
Hickey, the district attorney has spent a lot of time trying to establish that Danny Harrison needed money, that he only volunteered to drive the decedent home after he saw you take that roll of bills from his pocket.
That's not true.
Danny offered to drive him home before he knew the guy had any money on him.
After all, he's known him for years.
But you didn't know Mr.
Curran? No.
I-I never met him before in my life.
When did you close your place that night? About 2:00.
After you closed, what did you do? I went home.
But first you had to get your car? That's right.
You must have noticed the other car parked in the lot.
I mean, Frank Curran's car? Yeah, but I figured he'd come back and pick it up when he sobered up.
By any chance, did you look his car over? Casually, maybe.
Suppose I told you that your fingerprints were found in his car.
Why shouldn't they be? I told you I looked it over, didn't I? And in looking it over, you must have noticed the ignition keys.
His house key was on the same ring.
What are you drivin' at? I suggest you took those keys and went over to Curran's apartment.
Look, I told you I didn't know his name or where he lived.
According to the law, there had to be a registration slip in his car.
It was probably right there on the steering post.
Well, I didn't notice it.
You must have, Luke.
You had two opportunities: When you removed Curran's keys, and when you put them back.
Look, I told you I didn't remove any keys and I didn't put any back! Then who made the mistake of putting the trunk key in the ignition lock? What do you mean? That's the only thing that would explain why the key fit but wouldn't operate the tumblers.
Now, who made the mistake, Luke, if it wasn't you? How should I know? It could have been Curran himself, couldn't it? No.
Because he drove over to your place from the poker game.
Look, Y-your Honor, this is crazy.
I had no motive to kill this man.
You testified that business was bad, that you were thinking of letting Danny go.
Well, what does that got to do with it? A half-hour before you went to that motel, did you stop at the Chandler Restaurant Supply Company on Ventura? I- I don't know.
I- I'm not sure.
Two private detectives followed you.
Do you remember what you did there? Take your time.
( door opens ) ( sighs ) Well, Luke? I- I told you, I don't remember.
Suppose I help you.
You paid Mr.
Chandler monies owed him, and long overdue.
What does that prove? It might prove a lot, if you paid him in cash with a $500 bill.
Shall we get Mr.
Chandler down here and see? If it please the court, I should like to request a- Oh, forget it.
Yeah, I paid him with one of the $500 bills I took off of Curran.
But I didn't mean to kill him, Your Honor, honest.
Just when he came out of his bedroom and saw me goin' through his pockets, he recognized me and- And he started to yell, "Hey, what do you think you're doin' there? I'll fix you good.
" Then he came after me.
That's when you hit him with the bookend? Yeah.
It's funny how things work out.
You saw my place.
It's really a dump.
But you don't know what it means.
People on the street would say, "There goes Luke Hickey.
He owns a restaurant.
" It's very important to me.
Kind of.
Do you know what I mean? Then when I couldn't meet my bills, I guess I just flipped.
Then when I saw this crumb who probably never did an honest day's work in his whole life, I I don't know, it just didn't seem right that he should have all this money, and I should need it so bad.
But I swear to you, Danny, I- I didn't think they'd nab you.
You gotta believe that.
So help me, that's the truth.
( dramatic theme playing ) ( mellow jazz theme playing ) Uh, one there for me? A big one.
Do you know what gets me? Why Perry doesn't have you arrested for grand larceny? No.
What gets me is what put him on to Luke Hickey in the first place.
It wasn't in the first place, Paul.
It was in the last.
In fact, Lieutenant Tragg gave him the tip-off.
You mean when he came into court, waving that memo book and the IOU? Mm-hm.
That acquitted George Palmer, and Perry knew he had to look elsewhere in a hurry.
How did he know that Luke Hickey's fingerprints were found in Curran's car? He didn't.
He said, and I quote: "Suppose I told you your fingerprints were found in the car.
" When Luke didn't deny it, Perry was home.
Any more questions? Yeah.
The way I see it, Perry doesn't stand to make a dime in this case.
After all, the Harrisons can't afford to pay him.
So how can he afford to pay me? ( chuckles ) That's a very good question, Paul.
Come to think of it, I can't.
( upbeat jazz theme playing ) ( laughing ) ( noirish jazz theme playing )