Perry Mason (1957) s02e10 Episode Script
The Case of the Fancy Figures
( noirish jazz theme playing ) Well, Richard? It all adds up, Dad.
Oh, it adds up beautifully.
Miss Kirby, I want to see Mr.
Brewster the moment he comes in.
Oh, what a brain I am.
I never suspected a thing.
Don't feel too badly about it, Richard.
Neither did I.
There are a good many things I thought Charles capable of, but not this.
How in heaven's name did he expect to get away with it? The answer is, he did, for more than a year.
( knock on door ) Good morning, gentlemen.
You rotten thief.
Really, Richard, is that a way to greet the vice president of this organization? I always knew you were a louse, Brewster, but I never really knew how big a one until today! That'll do.
I want you to look at these, Charles.
It may explain a great deal.
( sighs ): Very interesting.
Is that your only comment? Do you realize that an innocent man was sentenced to five years in jail for a crime youcommitted? The jury found Mr.
Ellis guilty.
The jury was not in possession of the facts.
Thesefacts! Miss Kirby, get me the district attorney's office, please.
I'd like to talk- Never mind, Miss Kirby.
How dare you? Aren't you forgetting something, Jonathan? We are not the only ones concerned in this.
You have a daughter.
Suppose you leave Valerie out of this.
You're asking the impossible, Jonathan.
It just so happens that the lady in question is my wife.
You wouldn't want anyone to unlock the skeleton in your own closet, would you? Miss Kirby- You can't do it, Dad.
You can't.
Never mind, Miss Kirby.
I'd get rid of these, if I were you, Jonathan.
It might prove embarrassing if they fell into the wrong hands.
If you'll excuse me.
( door opens ) ( door closes ) ( suspenseful theme playing ) Aren't you starting a little early these days, my pet? Oh, Charles, I'm sorry.
I wasn't feeling very well, and I thought maybe- There's no need to apologize, Valerie.
Everyone knows you're an alcoholic.
Oh, no, Charles.
That's not true.
Why, honestly, I haven't had a drink in- I could stop anytime if youreally wanted me to.
Don't be silly, my dear.
I wouldn'tdreamof interfering with your pleasures.
Charles, please help me.
That's all I need, just a little help.
I know I'm a disappointment to you.
I'm not pretty or someone to be proud of- And you're not very bright, either.
What did you hope to accomplish with that maneuver? What maneuver? Sending your father those photostats.
I have absolutely no intention of exchanging places with Mr.
Ellis.
MartinEllis? Well, naturally, I assumed that- Charles, why do you torture me like this? I think you need another drink.
Go on, dear.
If you drink enough of this, it may solve allof our problems.
Charles ( playful theme plays ) ( knock on door ) I'm sorry to bother you, Mrs.
Ellis, but there is eight cents due on this package.
Oh, all right, I'll get my purse.
Why don't you just put it in your mailbox, I'll get it tomorrow.
Thank you.
"Enclosed is positive proof of the innocence of your husband.
A friend.
" ( sighs ) And you have no idea who this so-called friend is? Do you know anything about the operation at Hyett, Brewster, and Hyett? Sorry I'm late, but my regular man was sick.
I had to go clear down to Broadway to find somebody who can handle microfilm.
Let's see what we've got.
Manning Bishop? Oh, that's one of Charles Brewster's clients.
He's a director at Acme Studios.
"Manning Bishop "Desmond Jewelers, account of Manning Bishop, one diamond solitaire, $8,500.
" But that's one of the bills that disappeared.
"Ellis, please take care of this.
C.
B.
" Now, thatprovesthat Martin was telling the truth.
But look at that, there must be 40 bills there.
Della Mm-hmm? Put in a call to the district attorney's office.
Better still, make the call to Mr.
Burger personally.
Of course, you understand, Perry, these will all have to be checked out.
Well, that shouldn't be too difficult.
No, it won't be.
I'll give them to a handwriting expert tonight.
I wish I could make an adequate apology for what seems to be a terrible miscarriage of justice.
When your husband couldn't produce these bills and authorizations, the jury had no choice but to believe that they existed only in his mind.
I know this will seem a small consolation to you, but if Brewster's responsible for this, I assure you he'll pay for it.
It's nice seeing you, Hamilton.
Thank you, Perry.
Good night, Mrs.
Ellis.
Goodbye.
And thank you.
Oh, Hamiltonwhat about this alleged friend? Friend? The one who mailed the microfilm and the note to Mrs.
Ellis.
Ever wonder how he got it, or why he waited for over a year to declare his friendship? You might give it some thought.
( suspenseful theme playing ) So it was a miscarriage of justice and the district attorney is terribly sorry? Well, that's just dandy.
But I sat here for a year and a half, and who cared? Nobody.
Nobody but my wife.
And I'm supposed to be happy because everybody says, "Tough luck, old man.
" Meanwhile, Brewster was out having the time of his life.
He'll pay for it.
You bet he will, if it's thelastthing I do.
Listen to me, Mr.
Ellis, that attitude usually buys nothing but trouble.
The law will take care of Brewster.
Will it? Yes, as a matter of fact, he was arrested at 1:00 this afternoon.
He'll be out by tonight.
Don't forget his father-in-law is Jonathan Hyett.
Oh, that won't bother Mr.
Burger.
We've had our differences, but you can't accuse him of playing politics.
( footsteps ) Don't you want to see your wife? Carolyn! Marty! ( laughing ): oh, Marty, stop! What's Mr.
Mason going to think? Mr.
Mason thinks he's in the way.
I'll call you in a day or so.
I can't tell you, Mr.
Squires, how flattered I am by your concern.
I was beginning to think nobody cared.
And all the time, the great Southwest Bonding and Surety Company hadn't forgotten me.
Believe me, Mr.
Squires, I am touched.
Actually, Mr.
Brewster Yes? We would like to recover the money.
Oh.
Well, that presents somewhat of a problem.
You see, I've always been sort of addicted to playing the stock market.
Unfortunately, I made some rather bad investments, and that's where the money went.
I happen to know that you opened a new account with Lockmill and Company under the name of "Charles Brown" eight months ago.
Do tell.
You closed the account last week.
There was close to $308,000 in it.
Obviously, my luck changed.
We also know that you converted your profits into cash.
Butyou don't know where that cash is hidden.
Well, now, if you would cooperate Why, of course.
Now, let's consider the proposition.
Youwant your money back, andIwant my freedom.
That is substantially it, isn't it? ( sighing ): Well First, I'd like you to arrange bail immediately.
I couldn't possibly spend another night here.
Really, Mr.
Brewster.
In return, I'm prepared to hand over to your firm the sum of $150,000.
But you stole- I know, Mr.
Squires, I stole $300,000.
But you must consider the humiliation I've suffered.
Well, you realize that what you're suggesting is highly illegal.
All right, Mr.
Squires, have it your own way.
But what do you think your firm would do if you showed up with $150,000 that they'd written off? It'd make you a pretty big man.
How soon would I get the money? Three hours after bail is posted.
Hello, Elsie? This is Mr.
Squires.
I want you to call the Heller Detective Agency.
Talk to Mr.
Heller himself.
Tell him I want bail posted for Charles Brewster, but he's to keep us out of it.
Yes.
And I want Brewster kept under close surveillance.
I have a hunch he'll try to skip out.
The minute he tries it, I want the bondsman to surrender him.
Yes.
Yes, I think we have the very clever Mr.
Brewster right where we want him.
( chuckles ) What's the matter? It's just like I told Mason.
I knew he'd be out in five minutes.
Well, that doesn't mean anything.
I tell you, Carolyn.
He'll never serve a day, and I sat for a year and a half for something I didn't do.
Is there a drink in the house? Here's to justice.
No wonder they say she's blind.
Is there any more? No.
Where are you going? I can use another drink.
And I might even drop off to congratulate Mr.
Brewster.
Darling, please, for my sake- Marty? Hello? This is Jonathan Hyett.
No, Hyett.
H, y, e, double t.
I'm at apartment 6 at 1411 South Auburn.
I would like to report a suicide.
Yes.
Of course.
I'll wait, Sergeant.
Really, Lieutenant, I do wish to cooperate, but there's nothing more to tell you.
The door was unlocked, and I came in And found him lying there.
Yes.
And when I saw the gun in his hand, I couldn't help thinking this was the one decent thing that Charles had done in his life.
You think he was overcome by remorse? It's quite evident, sir.
It's all right, Mr.
Hyett, you can go.
Lieutenant.
Oh, Sergeant? Suppose you drive Mr.
Hyett home.
Oh, no, no.
It's quite all right.
Thank you.
I'll take a taxi.
Lieutenant, this is Walter Vico, the doorman.
How do you do, Mr.
Vico? I'm Lieutenant Tragg.
You were on duty between 8:00 and midnight, is that right? ( telephone ringing ) Boys, let me have those shots there.
I'm going to show you several pictures, Mr.
Vico.
You tell me if you ever saw any of these people before.
Now, take your time.
Nobody's rushing you.
Lieutenant, the Crime Lab.
I'll talk to him.
Here he is, Davis.
Yes, Sergeant? What did it show? Yeah, that's what I thought.
Thanks a lot.
The gun was put in Brewster's hand after he was killed.
Lieutenant I seen this fella before.
When? Tonight, a few minutes after 10:00.
I asked who he wanted to see, but he pushed right by me.
He said he had an appointment with Mr.
Brewster.
Sergeant, you know where he lives.
Pick him up.
It's a funny thing, Mr.
Mason.
I've met you twice.
Each time, I've been behind bars.
You suppose that's an omen? I hope so.
You were innocent the first time.
And I'm innocent now.
How do you account for the doorman at Brewster's apartment house identifying you? Well, he saw me.
How'd you know about the place? It was a hideaway.
Everybody knew.
Brewster had it for years, even before he married Jonathan Hyett's daughter.
All right.
Go on.
Well, I pushed by the doorman and went up to the apartment, which wasn't very smart because he must've alerted Brewster.
He was waiting for me with a gun in his hand.
I gave him a judo cut, and the gun went flying across the room.
I went after it, and he tried to stop me.
Is that when you got those? Yeah, he did it with his ring.
Of course, I didn't feel it at the time.
I was concentrating on that gun.
Andafter you got the gun? I just hit him.
That's the truth.
I couldn't kill a man, no matter what he did to me.
The man is a- Well, no matter what he is, he's still a human being.
Go on.
I tossed the gun on the sofa and told him to get up.
And he pleaded with me to leave him alone, said he'd make everything up to me, even give me half the money he stole.
That's when I slugged him again.
I hit him with everything I had.
Then a funny thing happened.
You won't believe this.
I might.
Suddenly, I wasn't mad anymore.
I put out my hand to help him up.
I guess he didn't trust me.
How'd it happen the doorman didn't see you as you left? I rode the elevator down to the basement, went out the service entrance.
How'd you get home? I walked.
I didn't even have enough money to ride the bus.
Do you believe me? Yes, I believe you.
Have you any idea who sent that microfilm to your wife? I figured whoever did it was a friend of mine.
He got me out of jail.
But now you're back in and charged with murder.
Della I'm in here, Paul.
Hi, beautiful.
My men have been checking on this box.
No dice.
You can buy it in any five-and-dime.
What about the writing? Done with a cheap ballpoint.
Perry's going to be disappointed.
Oh? About what? I didn't expect you back tonight.
It's only 6:30, we have half the day ahead.
Now, how am I going to be disappointed? Because I couldn't find out anything about this box.
Well, I didn't think you would.
What about the microfilm itself? I've got Faulkner and Harris working on it.
Anything else? No, I guess not.
Well, I'll shove off.
Wait a minute, Paul.
I've been trying to reach you.
This came special delivery at 4:00.
( whistles ) That would make it $5,000.
Right.
"Please use this for the Martin Ellis Defense Fund.
" No name, no return address.
Evidently, Mr.
Ellis has nothing but anonymous friends.
So does Charles Brewster.
Who went bail for him, Paul? According to the records, it was a man named Fred Wheeler.
Actually, he was a dummy for the bonding company.
Then Brewster must've promised to return the embezzled money.
Or part of it.
When Ellis threatened him, he- What? I'll tell you about it later, but Ellis was in Brewster's apartment, and Brewster offered to give him part of the embezzled money.
I wonder what happened to that money.
If it had been in the apartment, the police would've found it.
Where is it now? Della, make an appointment with the representative of the bonding company who talked to Brewster.
Paul, see if you can find out who typed this note.
Thatis going to be about as tough as trying to find out who sent this microfilm.
Maybe not.
I think I have a lead.
I'd like you to get specimens of every typewriter in the offices of Hyett, Brewster, and Hyett.
Can you handle it? See you tomorrow.
Della See if you can get Mrs.
Brewster on the phone.
I'll, uh, I'll take it in my office.
Yes? Who's calling? This is her brother, Richard Hyett.
Mrs.
Brewster can't possibly come to the phone, she's very ill.
I'm sorry to hear that, Mr.
Hyett.
When do you think I might see your sister? I have no idea, she's under medical care.
May I have the name of her doctor? Of course I believe you, Mr.
Hyett.
But I would like to ask her doctor about the prognosis.
I resent this, Mr.
Mason.
My brother-in-law has just been murdered.
If you have no consideration for my sister's feelings, I can have none for yours.
Who was that, Richie? Valerie You should be in bed.
Why, Richie? Because, you're sick.
I've been sick for years.
And this is just what the doctor ordered.
Now I know why I came down.
It's empty.
Honey Come on, you've had enough.
I'll never have enough.
You don't know how I miss Charles.
I wish I could figure out why.
I guess I'm just a masochist at heart.
Oh, we made such a wonderful team.
He was such a terrible sadist.
Tell me, Richie Aren't you glad Charles is dead? I'm embarrassing you, I shouldn't do that.
I'm sorry.
You let me keep this, and I won't ask any more questions.
Really, Mr.
Mason, I'd be delighted to help, but frankly, there's nothing I can tell you.
Oh, I'm sure there must be something.
You posted bail for Charles Brewster.
I beg your pardon.
You worked through a dummy named Fred Wheeler.
No, that's not true.
You never heard of Fred Wheeler? No.
Or the Heller Detective Agency? Uh, well, they've done some work for us in the past.
They're also very active for you in thepresent.
Mr.
Squires, are you in the habit of posting bail for everyone who defrauds your company? There were unusual circumstances in this case.
Brewster agreed to cooperate? What was the extent of his cooperation? Frankly, Mr.
Mason, that is none of your business.
Mr.
Squires, are you familiar with section 32 of the penal code? What? It provides that after a felony is committed, anyone who harbors, conceals, or aids the principal to avoid punishment is an accessory.
I don't see how that affects me.
The district attorney might see a connection.
Brewster was guilty of embezzlement, yet you posted bail for him, knowing he had every intention of skipping the country.
( chuckles ): Uh, look, Mr.
Mason, I, uh, I wouldn't want you to get the wrong impression.
Naturally, any information I have is at your disposal.
Please sit down, Mr.
Squires.
What was your deal with Brewster? He was to return half the stolen money.
My agreement was to give him a couple of hours after we posted bail.
To get the stolen money back? Yes.
I felt he intended to double-cross us and try to leave the jurisdiction of the court.
But I assure you, the minute he tried it, he would have been surrendered to the authorities.
I only wanted him to lead us to the money.
Did he? When I arrived at his apartment at 7:30 that night, he had an envelope ready for me.
In it was $150,000, in $1,000 bills.
What happened to the rest of the money? I have no idea.
Did Brewster stop anywhere between the jail and his apartment? Well, he, uh, he stopped at the Wayne Travel Agency.
He bought two tickets for Mexico City in the name of "George Kendall.
" Did he make any other stop? No.
Then that money was hidden in his apartment all along.
Are you sure that's all the money you received from him? I told you, Mr.
Mason- Della, call Mr.
Squires' office.
I have a hunch they may want to talk to him.
The number is WEbster-2-2244.
Thank you.
Hello, I'm calling for Mr.
Squires.
Will you hold on a minute, please? Hello, Elsie, this is Mr.
Squires.
Has anybody been- What? Well, w-when did this happen? Well, thank you.
I'll be there in 20 minutes.
This is incredible.
You mean the other $150,000 showed up? Thank you.
It- it was in a plain, manila envelope.
No note? No note.
Your secretary must still have that envelope.
Probably.
Thank you, Mr.
Squires.
You've been very helpful.
Very interesting, Mr.
Mason, but I fail to see where it concerns me.
This envelope contained $150,000 in $1,000 bills.
Most impressive.
Yesterday, I received this in the mail.
It contained $5,000 and a note asking that it be used as a defense fund for Martin Ellis.
Both the note and the envelope were typed in your office.
Do you know I could sue you for libel? No, you're thinking of slander.
And in any action for slander, truth is a valid defense.
According to the doorman, you were alone in Brewster's apartment until you called the police.
But you didn't call the police until 15 minutes after you'd arrived.
Are you suggesting- I'm suggesting that you searched the apartment, found the balance of that money, and returned it to the bonding company in this envelope.
Now, look here, Mason- I'm also suggesting that you placed that gun in Brewster's hand to make it look like suicide.
You are very much mistaken.
I don't think so.
One thing does puzzle me- Why did you send that microfilm to Mrs.
Ellis? I didn't.
All right, Mr.
Hyett.
We go to court next Monday.
I'd hoped before that, you'd tell me the truth.
Good day, sir.
( sighs ) ( clears throat ) Miss Kirby get me the district attorney's office, please.
I'd like to speak with Mr.
Burger personally.
And where was the murder weapon found, Lieutenant? TRAGG: We found this gun in the right hand of the deceased.
It was owned by and registered to Charles Brewster.
I don't see my wife.
She'll be here.
Were there any fingerprints on the weapon? Only those of the deceased.
What made you decide that Mr.
Brewster's death was not a suicide? Well, there was no tattooing near the wound.
Even smokeless powder will produce tattooing if the weapon is fired within 12 inches of the victim.
Anything else? Yes, sir, we performed a paraffin test on the right hand of the deceased, but there was no deposit of powder or smoke.
The result of these two tests prove that the deceased could not have fired the fatal shot? That's correct.
I see.
Now, Lieutenant I wonder if you'd identify these articles for me.
Yes, this is the wallet we found on the deceased.
There was $68 in it, and two airline tickets to Mexico City.
The flight was scheduled to leave International Airport at midnight.
What about this ring? We found that ring in Mr.
Brewster's coat pocket.
And what about this ring here? The deceased was wearing that on the fourth finger of his right hand.
If it please the court, I would like all these items marked for identification.
Now, Lieutenant, with regard to the signet ring that the deceased was wearing on his right hand, did you have it subjected to microscopic analysis? Yes.
We found minute traces of blood and skin embedded in the initials of the ring.
I see.
When did you first see the defendant? Oh, about five minutes after 2:00 on the morning of September 15th, when he was brought to my office by Sergeant Brice.
And would you describe for us his appearance at that time? Yes, he'd been drinking.
He had several cuts on his face, two of them still bleeding slightly.
Did you ask him how he happened to get these wounds? Yes, and he told me it was none of my business.
I see.
Thank you, Lieutenant.
That'll be all.
Cross-examine.
I couldn't help noticing the district attorney failed to ask you who reported the murder.
The murder was reported by Mr.
Jonathan Hyett.
And you personally interrogated Mr.
Hyett when you arrived at the scene? I did.
Naturally, you asked him if he touched anything.
He claimed he hadn't handled anything near the body.
Including the gun? Including the gun.
Now, how long was Mr.
Hyett alone in that apartment afterhe called the police? About, uh, five minutes.
Didn't your investigation show that he was alone in the apartment for 10 minutes beforehe called? Yes.
So Mr.
Hyett was alone with the body for a sum total of 15 minutes? Yes, sir.
Did you search Mr.
Hyett before he left the premises? No, I didn't.
I had no authority to make such a search.
Thank you, Lieutenant.
That will be all.
You may step down.
And when I saw Charles' body lying there, I knew that I should call the police immediately.
And did you, Mr.
Hyett? I didn't.
I waited until I had searched the premises.
What were you searching for? I thought that my son-in-law might've hidden the money that he had stolen there.
Did you find the money? I did.
It was in a suitcase.
What did you do with the money? I put it inside my shirt, around my waist.
It was too bulky for my pockets.
I subsequently mailed it to Mr.
Squires of the bonding company.
I felt that it was rightfully theirs.
I see.
Now, Mr.
Hyett, did you do anything else before the arrival of the police? Yes, I picked up the gun.
It was lying on the floor near his feet.
I wiped off the fingerprints and placed it in Charles' hand.
Didn't you realize you were tampering with evidence? Yes, I did.
Then why did you do it? I object, your honor.
If it please the court, I believe I should be allowed to inquire into the motivation of this witness.
Tampering with evidence is a serious crime.
He's testified that he knew what he was doing.
I think I should be allowed to find out why he did it.
Mm-hmm.
Objection overruled.
Thank you, your honor.
Now, Mr.
Hyett, why did you wipe that gun clean and put it in the hand of your dead son-in-law? I felt that my son-in-law had caused enough trouble.
Thank you, Mr.
Hyett.
That's all.
Your witness.
Mr.
Hyett, you testified that you stole money from your son-in-law's apartment.
I beg your pardon.
I did not steal it.
Hadn't you been reimbursed by the bonding company for your loss? Well, yes.
Then that money didn't belong to you.
Perhaps I wasn't thinking clearly.
And you weren't thinking clearly when you thought you could protect the defendant by placing that gun in Brewster's hand? Now, tell me, Mr.
Hyett, did you see one thing in that apartment, one, single thing, that would indicate that the defendant had even been there? No.
Then who did you think you were protecting, the defendant or someone else? Now, what were your feelings about the deceased? I was not very fond of him.
And why did you pick this particular night to visit him? I wanted to talk to him about my daughter.
I knew my son-in-law quite well.
I knew that he was just the type to jump his bail.
I knew that he did not have the nerve to take his medicine and face trial, and I did not want my daughter to be a fugitive from justice.
And you felt Brewster would ask your daughter to leave the country with him? Oh, I knew he would.
It was quite in character.
It seems to me the person you should have talked to was your daughter.
You don't know my daughter, Mr.
Mason.
She loved Charles Brewster.
Even though he was guilty of framing an innocent man? Even though he was guilty.
When did you learn he had framed Martin Ellis? When Charles was arrested.
You had no idea before that? Do you think that I'd want to see an innocent man remain in jail? That doesn't answer my question.
Did you know your son-in-law was guilty before he was arrested? Yes.
And yet you did nothing? I tried to make amends as best I could.
By mailing a roll of microfilm to my client's wife? I did not do that.
That'll be all, Mr.
Hyett.
You may stand down.
I call Mrs.
Martin Ellis.
Your honor, this is outrageous.
Surely Mr.
Burger knows the rules of evidence.
I assume Mr.
Mason is referring to the inadmissibility of testimony of a defendant's wife.
If your honor would care to examine these.
Mrs.
Ellis is not legally the wife of the defendant.
I have here a certified copy of her marriage license to Mr.
Ellis.
You will note they were married on July 4th, three years ago.
However, prior to that, she was married to a certain Victor H.
Pulasky.
Fourteen months before he died, she instituted proceedings for a divorce against him, and this is a copy of her interlocutory decree.
Now, under our statutes, the decree of divorce does not become final until a year has passed.
But Pulasky was dead.
Nevertheless, she married Mr.
Ellis in Nevada the decree was granted, and while Pulasky was still alive.
Therefore, her marriage to Mr.
Ellis was entered into illegally.
It looks that we have a very interesting situation here, gentlemen.
Of course, if the lady is not legally married to the defendant, she can testify against him.
I don't want to, your honor.
I'm afraid you have no choice in the matter, madam.
Were you served with a subpoena? Yes, sir, two days ago.
If your honor please, you can appreciate that the defense could not anticipate this development.
I would like to confer with my client.
Since it's almost Court will be adjourned till 10:00 tomorrow morning.
Mrs.
Ellis, would you come with me, please? I don't understand this.
Neither do I.
How long has your wife been in her present apartment? What? I mean, is the lease in her name? Yes, she took the place eight months ago, while I was still in jail.
Do you own any stocks or bonds? Yes, but what's that got to do with it? Are they in the apartment? I bought them after Carolyn and I were married.
Because if you're not legally married, then they're not community property and you have a right to claim them.
As your attorney and duly authorized agent, I can do it for you.
I'll have an authorization drawn up.
You go along.
Uh, what am I looking for? My client's stocks and bonds.
Legally, that's all we canlook for.
Here they are.
Wait a minute.
Here's something funny.
Funny? A check for $24, made out to the Barton Stationers.
And? They're in San Francisco.
I know the store.
Here.
What do you think? Yeah, I think it's funny, too.
The check before that is made out to Far West Airlines for a round trip to San Francisco.
It's dated September 12th.
So's the check to the stationers, but the next check is made out to a shop here in Los Angeles and dated September 13th.
Obviously, she only spent one day in San Francisco.
What's that prove? It might prove why Mrs.
Ellis didn't tell me that Burger had subpoenaed her to testify against her husband.
Here, let's find out.
( suspenseful theme playing ) Counselor.
Now, Mrs.
Ellis, what was the defendant's reaction to the news that Charles Brewster was out on bail? I don't think I understand you.
Oh, I think you understand me completely.
Didn't he make a threat of some kind? I object, your honor.
The question is definitelyleading.
Your honor, Mr.
Mason knows perfectly well that this is a hostile witness.
The objection is overruled.
You may proceed, Mr.
Burger.
Thank you, your honor.
Now, Mrs.
Ellis, I'll repeat my question, and I remind you that you're under oath.
Didn't the defendant make a threat of some kind that you could connect up with Charles Brewster? Well, he did say there was no justice, if that's what you mean.
And did he then leave your apartment in spite of your efforts to restrain him? Yes.
What time did he return that night? About 1:00 the next morning.
With cuts and bruises on his face? Yes.
And how did he explain these wounds to you? Well, he said he'd had a little trouble with Mr.
Brewster.
Really? That's how he described it? "A little trouble"? Yes.
That's all, Mrs.
Ellis.
Thank you.
Cross-examine, counselor.
She couldn't help herself.
He made her say those things.
Mrs.
Ellis, you're still legally Mrs.
Pulasky, is that correct? That's what Mr.
Burger told me.
But you dowant to help the defendant? Of course.
You've testified the defendant left your apartment at approximately 9:30 that night? That's right.
And what did you do? I stayed home and waited for him.
The ever-faithful wife? Now, look, I can do without the sarcasm.
If it wasn't for me, Martin would still be in jail for embezzlement.
And this was responsible for his release.
Where did you get this microfilm, Mrs.
Pulasky? I told you, it came in the mail.
Are you familiar with a company in San Francisco called Barton Stationers? Well, I've heard of them.
I show you now what purports to be an order to Barton Stationers.
Is that your signature? Yes.
Would you read the order for us, please? Forty-two photostats of bills to be reduced and placed on one roll of microfilm.
Rush.
And when is the order dated? September 12th.
And when did you send that microfilm to yourself? I didn't send it to myself! Don't tell us there were tworolls of microfilm.
No, you had the original bills all along.
Where did you get them, Mrs.
Pulasky? Isn't it true that you got them while helping Charles Brewster embezzle $300,000 from a firm where you both worked? No, I had nothing to do with Charles Brewster.
Suppose we ask the doorman at the Shane Apartment if you weren't a constant visitor? You were in love with Charles Brewster.
He must've promised to get a divorce and marry you, but you didn't trust him.
That's why you kept those bills instead of destroying them.
No! Your lover behaved just as you expected, and you wanted revenge.
Why don't you stop? That's why you sent a copy of this microfilm to his father-in-law.
When Mr.
Hyett did nothing, you brought the microfilm to me, not to free the defendant, but to put your lover in jail.
You don't understand.
When Brewster was released on bail, you were afraid he'd never be tried, so you went to his apartment.
No.
You didn'tgo to Brewster's apartment? Yes, but I didn't go in! I waited in a bar across the street to see if my husband would come out.
When did you leave? When I saw the police arrive.
Look, I can even describe the place to you.
It's called "Frankie's," and they've got about 1/2 dozen booths- You could've been there many times.
But is there anyone who can prove you were there at the time of the murder? I can.
Valerie.
JUDGE: Bailiff, will you bring that woman forward? We'll have order in the courtroom or I'll have it cleared.
Excuse me, your honor.
This is Mrs.
Charles Brewster, the widow of the deceased.
Under the circumstances I'll overlook your misconduct, but I do think you should leave the courtroom.
If the court please, Mrs.
Brewster is my next witness.
Have you any further questions to ask this witness, Mr.
Mason? No, your honor.
Will you stand down, please? The clerk will swear in Mrs.
Brewster.
And as I walked into this little bar, I believe it wascalled Frankie's, I saw Mrs.
Ellis, I mean, Mrs.
Pulasky.
And what time did you arrive at this bar? Oh, it must've been around 10:00.
You see, my husband had promised to pick me up at 10:30 so we could drive to the airport.
When he didn't show up, I thought he'd forgotten me.
Yes, but didn't you notice when the police arrived? Oh, yes.
But by that time, I I was past caring.
I understand.
Mrs.
Brewster, how did you get home? I telephoned my brother.
He came by around midnight.
I really don't know why he puts up with me.
But from the moment you got to Frankie's till the time the police arrived, you're sure that Mrs.
Pulasky was in the bar? Yes, sir.
She was never out of my sight.
Thank you, Mrs.
Brewster.
That's all.
Cross-examine.
Mrs.
Brewster, whose decision was it for you to wait at Frankie's? Mine.
If you have to wait, there's nothing like a bar.
After a few drinks, it becomes a fairy land.
People are so kind and considerate.
Why didn't you go directly to your husband's apartment? I have no pride, Mr.
Mason, but I can torture myself enough without setting foot in the place where Charles did all his entertaining.
But you didset foot in that apartment once? On the night your husband died.
But that's ridiculous.
I told you, I was in Frankie's bar.
I testified I saw Mrs.
Pulasky there.
Didn't you testify you saw Mrs.
Pulasky there because you had no alibi of your own? You thought by supporting hers, you'd give yourself one? Why would Ineed an alibi? We've heard your father testify that the deceased was planning to take you to Mexico with him? I'd have gone anywhere with Charles.
I can believe that, Mrs.
Brewster.
But with his position in your father's firm gone, would he still have wanted to take you to Mexico? I don't think so.
Well, you can't escape the facts, Mr.
Mason.
Don't you remember they found twotickets to Mexico City? Yes, I do.
I also remember the wedding ring.
Well That, that was for me.
I'm always losing mine.
May I see your wedding ring, Mrs.
Brewster? Mrs.
Brewster? May I help? Leave her alone! You've baited her enough! I beg the court's pardon, but I cannot sit by any longer.
Go on, sir.
It's obvious, Mr.
Mason, that your genius is attacking a chain at its weakest link.
You know as well as I, sir, that Charles Brewster had no intention of taking my daughter with him.
She only said that to substantiate my story that I'd been to see him for her sake.
She was not at the bar.
Your honor, Ikilled Charles Brewster.
My one regret is that Mr.
Mason should have discovered it, that I did not come forward myself.
I'm sorry, Ellis.
( voice breaking ): I'm truly ( dramatic theme playing ) Okay, I can understand why you went after Valerie Brewster.
You knew that her father wouldn't sit idly by while you put her through a wringer.
But what on earth told you that old man Hyett was guilty? Well, first we know Mr.
Hyett considered himself above the law.
You mean returning the money to the bonding company? That's right.
Now, who admitted being in the apartment after Ellis left? Mr.
Hyett.
Who admitted placing the gun in Brewster's hand? Ditto.
And who admitted that he hated Brewster? ( sighing ): Also ditto.
Well? I completely shied away from old man Hyett because he was the most likely suspect.
That's your trouble, Paul.
You're a cynic.
You keep looking for things that just aren't there.
Is that what you call a cynic? Mm-hmm.
Of course, when a man looks for things that aren't there and findsthem then we call him a detective.
( laughs ) ( noirish jazz theme playing )
Oh, it adds up beautifully.
Miss Kirby, I want to see Mr.
Brewster the moment he comes in.
Oh, what a brain I am.
I never suspected a thing.
Don't feel too badly about it, Richard.
Neither did I.
There are a good many things I thought Charles capable of, but not this.
How in heaven's name did he expect to get away with it? The answer is, he did, for more than a year.
( knock on door ) Good morning, gentlemen.
You rotten thief.
Really, Richard, is that a way to greet the vice president of this organization? I always knew you were a louse, Brewster, but I never really knew how big a one until today! That'll do.
I want you to look at these, Charles.
It may explain a great deal.
( sighs ): Very interesting.
Is that your only comment? Do you realize that an innocent man was sentenced to five years in jail for a crime youcommitted? The jury found Mr.
Ellis guilty.
The jury was not in possession of the facts.
Thesefacts! Miss Kirby, get me the district attorney's office, please.
I'd like to talk- Never mind, Miss Kirby.
How dare you? Aren't you forgetting something, Jonathan? We are not the only ones concerned in this.
You have a daughter.
Suppose you leave Valerie out of this.
You're asking the impossible, Jonathan.
It just so happens that the lady in question is my wife.
You wouldn't want anyone to unlock the skeleton in your own closet, would you? Miss Kirby- You can't do it, Dad.
You can't.
Never mind, Miss Kirby.
I'd get rid of these, if I were you, Jonathan.
It might prove embarrassing if they fell into the wrong hands.
If you'll excuse me.
( door opens ) ( door closes ) ( suspenseful theme playing ) Aren't you starting a little early these days, my pet? Oh, Charles, I'm sorry.
I wasn't feeling very well, and I thought maybe- There's no need to apologize, Valerie.
Everyone knows you're an alcoholic.
Oh, no, Charles.
That's not true.
Why, honestly, I haven't had a drink in- I could stop anytime if youreally wanted me to.
Don't be silly, my dear.
I wouldn'tdreamof interfering with your pleasures.
Charles, please help me.
That's all I need, just a little help.
I know I'm a disappointment to you.
I'm not pretty or someone to be proud of- And you're not very bright, either.
What did you hope to accomplish with that maneuver? What maneuver? Sending your father those photostats.
I have absolutely no intention of exchanging places with Mr.
Ellis.
MartinEllis? Well, naturally, I assumed that- Charles, why do you torture me like this? I think you need another drink.
Go on, dear.
If you drink enough of this, it may solve allof our problems.
Charles ( playful theme plays ) ( knock on door ) I'm sorry to bother you, Mrs.
Ellis, but there is eight cents due on this package.
Oh, all right, I'll get my purse.
Why don't you just put it in your mailbox, I'll get it tomorrow.
Thank you.
"Enclosed is positive proof of the innocence of your husband.
A friend.
" ( sighs ) And you have no idea who this so-called friend is? Do you know anything about the operation at Hyett, Brewster, and Hyett? Sorry I'm late, but my regular man was sick.
I had to go clear down to Broadway to find somebody who can handle microfilm.
Let's see what we've got.
Manning Bishop? Oh, that's one of Charles Brewster's clients.
He's a director at Acme Studios.
"Manning Bishop "Desmond Jewelers, account of Manning Bishop, one diamond solitaire, $8,500.
" But that's one of the bills that disappeared.
"Ellis, please take care of this.
C.
B.
" Now, thatprovesthat Martin was telling the truth.
But look at that, there must be 40 bills there.
Della Mm-hmm? Put in a call to the district attorney's office.
Better still, make the call to Mr.
Burger personally.
Of course, you understand, Perry, these will all have to be checked out.
Well, that shouldn't be too difficult.
No, it won't be.
I'll give them to a handwriting expert tonight.
I wish I could make an adequate apology for what seems to be a terrible miscarriage of justice.
When your husband couldn't produce these bills and authorizations, the jury had no choice but to believe that they existed only in his mind.
I know this will seem a small consolation to you, but if Brewster's responsible for this, I assure you he'll pay for it.
It's nice seeing you, Hamilton.
Thank you, Perry.
Good night, Mrs.
Ellis.
Goodbye.
And thank you.
Oh, Hamiltonwhat about this alleged friend? Friend? The one who mailed the microfilm and the note to Mrs.
Ellis.
Ever wonder how he got it, or why he waited for over a year to declare his friendship? You might give it some thought.
( suspenseful theme playing ) So it was a miscarriage of justice and the district attorney is terribly sorry? Well, that's just dandy.
But I sat here for a year and a half, and who cared? Nobody.
Nobody but my wife.
And I'm supposed to be happy because everybody says, "Tough luck, old man.
" Meanwhile, Brewster was out having the time of his life.
He'll pay for it.
You bet he will, if it's thelastthing I do.
Listen to me, Mr.
Ellis, that attitude usually buys nothing but trouble.
The law will take care of Brewster.
Will it? Yes, as a matter of fact, he was arrested at 1:00 this afternoon.
He'll be out by tonight.
Don't forget his father-in-law is Jonathan Hyett.
Oh, that won't bother Mr.
Burger.
We've had our differences, but you can't accuse him of playing politics.
( footsteps ) Don't you want to see your wife? Carolyn! Marty! ( laughing ): oh, Marty, stop! What's Mr.
Mason going to think? Mr.
Mason thinks he's in the way.
I'll call you in a day or so.
I can't tell you, Mr.
Squires, how flattered I am by your concern.
I was beginning to think nobody cared.
And all the time, the great Southwest Bonding and Surety Company hadn't forgotten me.
Believe me, Mr.
Squires, I am touched.
Actually, Mr.
Brewster Yes? We would like to recover the money.
Oh.
Well, that presents somewhat of a problem.
You see, I've always been sort of addicted to playing the stock market.
Unfortunately, I made some rather bad investments, and that's where the money went.
I happen to know that you opened a new account with Lockmill and Company under the name of "Charles Brown" eight months ago.
Do tell.
You closed the account last week.
There was close to $308,000 in it.
Obviously, my luck changed.
We also know that you converted your profits into cash.
Butyou don't know where that cash is hidden.
Well, now, if you would cooperate Why, of course.
Now, let's consider the proposition.
Youwant your money back, andIwant my freedom.
That is substantially it, isn't it? ( sighing ): Well First, I'd like you to arrange bail immediately.
I couldn't possibly spend another night here.
Really, Mr.
Brewster.
In return, I'm prepared to hand over to your firm the sum of $150,000.
But you stole- I know, Mr.
Squires, I stole $300,000.
But you must consider the humiliation I've suffered.
Well, you realize that what you're suggesting is highly illegal.
All right, Mr.
Squires, have it your own way.
But what do you think your firm would do if you showed up with $150,000 that they'd written off? It'd make you a pretty big man.
How soon would I get the money? Three hours after bail is posted.
Hello, Elsie? This is Mr.
Squires.
I want you to call the Heller Detective Agency.
Talk to Mr.
Heller himself.
Tell him I want bail posted for Charles Brewster, but he's to keep us out of it.
Yes.
And I want Brewster kept under close surveillance.
I have a hunch he'll try to skip out.
The minute he tries it, I want the bondsman to surrender him.
Yes.
Yes, I think we have the very clever Mr.
Brewster right where we want him.
( chuckles ) What's the matter? It's just like I told Mason.
I knew he'd be out in five minutes.
Well, that doesn't mean anything.
I tell you, Carolyn.
He'll never serve a day, and I sat for a year and a half for something I didn't do.
Is there a drink in the house? Here's to justice.
No wonder they say she's blind.
Is there any more? No.
Where are you going? I can use another drink.
And I might even drop off to congratulate Mr.
Brewster.
Darling, please, for my sake- Marty? Hello? This is Jonathan Hyett.
No, Hyett.
H, y, e, double t.
I'm at apartment 6 at 1411 South Auburn.
I would like to report a suicide.
Yes.
Of course.
I'll wait, Sergeant.
Really, Lieutenant, I do wish to cooperate, but there's nothing more to tell you.
The door was unlocked, and I came in And found him lying there.
Yes.
And when I saw the gun in his hand, I couldn't help thinking this was the one decent thing that Charles had done in his life.
You think he was overcome by remorse? It's quite evident, sir.
It's all right, Mr.
Hyett, you can go.
Lieutenant.
Oh, Sergeant? Suppose you drive Mr.
Hyett home.
Oh, no, no.
It's quite all right.
Thank you.
I'll take a taxi.
Lieutenant, this is Walter Vico, the doorman.
How do you do, Mr.
Vico? I'm Lieutenant Tragg.
You were on duty between 8:00 and midnight, is that right? ( telephone ringing ) Boys, let me have those shots there.
I'm going to show you several pictures, Mr.
Vico.
You tell me if you ever saw any of these people before.
Now, take your time.
Nobody's rushing you.
Lieutenant, the Crime Lab.
I'll talk to him.
Here he is, Davis.
Yes, Sergeant? What did it show? Yeah, that's what I thought.
Thanks a lot.
The gun was put in Brewster's hand after he was killed.
Lieutenant I seen this fella before.
When? Tonight, a few minutes after 10:00.
I asked who he wanted to see, but he pushed right by me.
He said he had an appointment with Mr.
Brewster.
Sergeant, you know where he lives.
Pick him up.
It's a funny thing, Mr.
Mason.
I've met you twice.
Each time, I've been behind bars.
You suppose that's an omen? I hope so.
You were innocent the first time.
And I'm innocent now.
How do you account for the doorman at Brewster's apartment house identifying you? Well, he saw me.
How'd you know about the place? It was a hideaway.
Everybody knew.
Brewster had it for years, even before he married Jonathan Hyett's daughter.
All right.
Go on.
Well, I pushed by the doorman and went up to the apartment, which wasn't very smart because he must've alerted Brewster.
He was waiting for me with a gun in his hand.
I gave him a judo cut, and the gun went flying across the room.
I went after it, and he tried to stop me.
Is that when you got those? Yeah, he did it with his ring.
Of course, I didn't feel it at the time.
I was concentrating on that gun.
Andafter you got the gun? I just hit him.
That's the truth.
I couldn't kill a man, no matter what he did to me.
The man is a- Well, no matter what he is, he's still a human being.
Go on.
I tossed the gun on the sofa and told him to get up.
And he pleaded with me to leave him alone, said he'd make everything up to me, even give me half the money he stole.
That's when I slugged him again.
I hit him with everything I had.
Then a funny thing happened.
You won't believe this.
I might.
Suddenly, I wasn't mad anymore.
I put out my hand to help him up.
I guess he didn't trust me.
How'd it happen the doorman didn't see you as you left? I rode the elevator down to the basement, went out the service entrance.
How'd you get home? I walked.
I didn't even have enough money to ride the bus.
Do you believe me? Yes, I believe you.
Have you any idea who sent that microfilm to your wife? I figured whoever did it was a friend of mine.
He got me out of jail.
But now you're back in and charged with murder.
Della I'm in here, Paul.
Hi, beautiful.
My men have been checking on this box.
No dice.
You can buy it in any five-and-dime.
What about the writing? Done with a cheap ballpoint.
Perry's going to be disappointed.
Oh? About what? I didn't expect you back tonight.
It's only 6:30, we have half the day ahead.
Now, how am I going to be disappointed? Because I couldn't find out anything about this box.
Well, I didn't think you would.
What about the microfilm itself? I've got Faulkner and Harris working on it.
Anything else? No, I guess not.
Well, I'll shove off.
Wait a minute, Paul.
I've been trying to reach you.
This came special delivery at 4:00.
( whistles ) That would make it $5,000.
Right.
"Please use this for the Martin Ellis Defense Fund.
" No name, no return address.
Evidently, Mr.
Ellis has nothing but anonymous friends.
So does Charles Brewster.
Who went bail for him, Paul? According to the records, it was a man named Fred Wheeler.
Actually, he was a dummy for the bonding company.
Then Brewster must've promised to return the embezzled money.
Or part of it.
When Ellis threatened him, he- What? I'll tell you about it later, but Ellis was in Brewster's apartment, and Brewster offered to give him part of the embezzled money.
I wonder what happened to that money.
If it had been in the apartment, the police would've found it.
Where is it now? Della, make an appointment with the representative of the bonding company who talked to Brewster.
Paul, see if you can find out who typed this note.
Thatis going to be about as tough as trying to find out who sent this microfilm.
Maybe not.
I think I have a lead.
I'd like you to get specimens of every typewriter in the offices of Hyett, Brewster, and Hyett.
Can you handle it? See you tomorrow.
Della See if you can get Mrs.
Brewster on the phone.
I'll, uh, I'll take it in my office.
Yes? Who's calling? This is her brother, Richard Hyett.
Mrs.
Brewster can't possibly come to the phone, she's very ill.
I'm sorry to hear that, Mr.
Hyett.
When do you think I might see your sister? I have no idea, she's under medical care.
May I have the name of her doctor? Of course I believe you, Mr.
Hyett.
But I would like to ask her doctor about the prognosis.
I resent this, Mr.
Mason.
My brother-in-law has just been murdered.
If you have no consideration for my sister's feelings, I can have none for yours.
Who was that, Richie? Valerie You should be in bed.
Why, Richie? Because, you're sick.
I've been sick for years.
And this is just what the doctor ordered.
Now I know why I came down.
It's empty.
Honey Come on, you've had enough.
I'll never have enough.
You don't know how I miss Charles.
I wish I could figure out why.
I guess I'm just a masochist at heart.
Oh, we made such a wonderful team.
He was such a terrible sadist.
Tell me, Richie Aren't you glad Charles is dead? I'm embarrassing you, I shouldn't do that.
I'm sorry.
You let me keep this, and I won't ask any more questions.
Really, Mr.
Mason, I'd be delighted to help, but frankly, there's nothing I can tell you.
Oh, I'm sure there must be something.
You posted bail for Charles Brewster.
I beg your pardon.
You worked through a dummy named Fred Wheeler.
No, that's not true.
You never heard of Fred Wheeler? No.
Or the Heller Detective Agency? Uh, well, they've done some work for us in the past.
They're also very active for you in thepresent.
Mr.
Squires, are you in the habit of posting bail for everyone who defrauds your company? There were unusual circumstances in this case.
Brewster agreed to cooperate? What was the extent of his cooperation? Frankly, Mr.
Mason, that is none of your business.
Mr.
Squires, are you familiar with section 32 of the penal code? What? It provides that after a felony is committed, anyone who harbors, conceals, or aids the principal to avoid punishment is an accessory.
I don't see how that affects me.
The district attorney might see a connection.
Brewster was guilty of embezzlement, yet you posted bail for him, knowing he had every intention of skipping the country.
( chuckles ): Uh, look, Mr.
Mason, I, uh, I wouldn't want you to get the wrong impression.
Naturally, any information I have is at your disposal.
Please sit down, Mr.
Squires.
What was your deal with Brewster? He was to return half the stolen money.
My agreement was to give him a couple of hours after we posted bail.
To get the stolen money back? Yes.
I felt he intended to double-cross us and try to leave the jurisdiction of the court.
But I assure you, the minute he tried it, he would have been surrendered to the authorities.
I only wanted him to lead us to the money.
Did he? When I arrived at his apartment at 7:30 that night, he had an envelope ready for me.
In it was $150,000, in $1,000 bills.
What happened to the rest of the money? I have no idea.
Did Brewster stop anywhere between the jail and his apartment? Well, he, uh, he stopped at the Wayne Travel Agency.
He bought two tickets for Mexico City in the name of "George Kendall.
" Did he make any other stop? No.
Then that money was hidden in his apartment all along.
Are you sure that's all the money you received from him? I told you, Mr.
Mason- Della, call Mr.
Squires' office.
I have a hunch they may want to talk to him.
The number is WEbster-2-2244.
Thank you.
Hello, I'm calling for Mr.
Squires.
Will you hold on a minute, please? Hello, Elsie, this is Mr.
Squires.
Has anybody been- What? Well, w-when did this happen? Well, thank you.
I'll be there in 20 minutes.
This is incredible.
You mean the other $150,000 showed up? Thank you.
It- it was in a plain, manila envelope.
No note? No note.
Your secretary must still have that envelope.
Probably.
Thank you, Mr.
Squires.
You've been very helpful.
Very interesting, Mr.
Mason, but I fail to see where it concerns me.
This envelope contained $150,000 in $1,000 bills.
Most impressive.
Yesterday, I received this in the mail.
It contained $5,000 and a note asking that it be used as a defense fund for Martin Ellis.
Both the note and the envelope were typed in your office.
Do you know I could sue you for libel? No, you're thinking of slander.
And in any action for slander, truth is a valid defense.
According to the doorman, you were alone in Brewster's apartment until you called the police.
But you didn't call the police until 15 minutes after you'd arrived.
Are you suggesting- I'm suggesting that you searched the apartment, found the balance of that money, and returned it to the bonding company in this envelope.
Now, look here, Mason- I'm also suggesting that you placed that gun in Brewster's hand to make it look like suicide.
You are very much mistaken.
I don't think so.
One thing does puzzle me- Why did you send that microfilm to Mrs.
Ellis? I didn't.
All right, Mr.
Hyett.
We go to court next Monday.
I'd hoped before that, you'd tell me the truth.
Good day, sir.
( sighs ) ( clears throat ) Miss Kirby get me the district attorney's office, please.
I'd like to speak with Mr.
Burger personally.
And where was the murder weapon found, Lieutenant? TRAGG: We found this gun in the right hand of the deceased.
It was owned by and registered to Charles Brewster.
I don't see my wife.
She'll be here.
Were there any fingerprints on the weapon? Only those of the deceased.
What made you decide that Mr.
Brewster's death was not a suicide? Well, there was no tattooing near the wound.
Even smokeless powder will produce tattooing if the weapon is fired within 12 inches of the victim.
Anything else? Yes, sir, we performed a paraffin test on the right hand of the deceased, but there was no deposit of powder or smoke.
The result of these two tests prove that the deceased could not have fired the fatal shot? That's correct.
I see.
Now, Lieutenant I wonder if you'd identify these articles for me.
Yes, this is the wallet we found on the deceased.
There was $68 in it, and two airline tickets to Mexico City.
The flight was scheduled to leave International Airport at midnight.
What about this ring? We found that ring in Mr.
Brewster's coat pocket.
And what about this ring here? The deceased was wearing that on the fourth finger of his right hand.
If it please the court, I would like all these items marked for identification.
Now, Lieutenant, with regard to the signet ring that the deceased was wearing on his right hand, did you have it subjected to microscopic analysis? Yes.
We found minute traces of blood and skin embedded in the initials of the ring.
I see.
When did you first see the defendant? Oh, about five minutes after 2:00 on the morning of September 15th, when he was brought to my office by Sergeant Brice.
And would you describe for us his appearance at that time? Yes, he'd been drinking.
He had several cuts on his face, two of them still bleeding slightly.
Did you ask him how he happened to get these wounds? Yes, and he told me it was none of my business.
I see.
Thank you, Lieutenant.
That'll be all.
Cross-examine.
I couldn't help noticing the district attorney failed to ask you who reported the murder.
The murder was reported by Mr.
Jonathan Hyett.
And you personally interrogated Mr.
Hyett when you arrived at the scene? I did.
Naturally, you asked him if he touched anything.
He claimed he hadn't handled anything near the body.
Including the gun? Including the gun.
Now, how long was Mr.
Hyett alone in that apartment afterhe called the police? About, uh, five minutes.
Didn't your investigation show that he was alone in the apartment for 10 minutes beforehe called? Yes.
So Mr.
Hyett was alone with the body for a sum total of 15 minutes? Yes, sir.
Did you search Mr.
Hyett before he left the premises? No, I didn't.
I had no authority to make such a search.
Thank you, Lieutenant.
That will be all.
You may step down.
And when I saw Charles' body lying there, I knew that I should call the police immediately.
And did you, Mr.
Hyett? I didn't.
I waited until I had searched the premises.
What were you searching for? I thought that my son-in-law might've hidden the money that he had stolen there.
Did you find the money? I did.
It was in a suitcase.
What did you do with the money? I put it inside my shirt, around my waist.
It was too bulky for my pockets.
I subsequently mailed it to Mr.
Squires of the bonding company.
I felt that it was rightfully theirs.
I see.
Now, Mr.
Hyett, did you do anything else before the arrival of the police? Yes, I picked up the gun.
It was lying on the floor near his feet.
I wiped off the fingerprints and placed it in Charles' hand.
Didn't you realize you were tampering with evidence? Yes, I did.
Then why did you do it? I object, your honor.
If it please the court, I believe I should be allowed to inquire into the motivation of this witness.
Tampering with evidence is a serious crime.
He's testified that he knew what he was doing.
I think I should be allowed to find out why he did it.
Mm-hmm.
Objection overruled.
Thank you, your honor.
Now, Mr.
Hyett, why did you wipe that gun clean and put it in the hand of your dead son-in-law? I felt that my son-in-law had caused enough trouble.
Thank you, Mr.
Hyett.
That's all.
Your witness.
Mr.
Hyett, you testified that you stole money from your son-in-law's apartment.
I beg your pardon.
I did not steal it.
Hadn't you been reimbursed by the bonding company for your loss? Well, yes.
Then that money didn't belong to you.
Perhaps I wasn't thinking clearly.
And you weren't thinking clearly when you thought you could protect the defendant by placing that gun in Brewster's hand? Now, tell me, Mr.
Hyett, did you see one thing in that apartment, one, single thing, that would indicate that the defendant had even been there? No.
Then who did you think you were protecting, the defendant or someone else? Now, what were your feelings about the deceased? I was not very fond of him.
And why did you pick this particular night to visit him? I wanted to talk to him about my daughter.
I knew my son-in-law quite well.
I knew that he was just the type to jump his bail.
I knew that he did not have the nerve to take his medicine and face trial, and I did not want my daughter to be a fugitive from justice.
And you felt Brewster would ask your daughter to leave the country with him? Oh, I knew he would.
It was quite in character.
It seems to me the person you should have talked to was your daughter.
You don't know my daughter, Mr.
Mason.
She loved Charles Brewster.
Even though he was guilty of framing an innocent man? Even though he was guilty.
When did you learn he had framed Martin Ellis? When Charles was arrested.
You had no idea before that? Do you think that I'd want to see an innocent man remain in jail? That doesn't answer my question.
Did you know your son-in-law was guilty before he was arrested? Yes.
And yet you did nothing? I tried to make amends as best I could.
By mailing a roll of microfilm to my client's wife? I did not do that.
That'll be all, Mr.
Hyett.
You may stand down.
I call Mrs.
Martin Ellis.
Your honor, this is outrageous.
Surely Mr.
Burger knows the rules of evidence.
I assume Mr.
Mason is referring to the inadmissibility of testimony of a defendant's wife.
If your honor would care to examine these.
Mrs.
Ellis is not legally the wife of the defendant.
I have here a certified copy of her marriage license to Mr.
Ellis.
You will note they were married on July 4th, three years ago.
However, prior to that, she was married to a certain Victor H.
Pulasky.
Fourteen months before he died, she instituted proceedings for a divorce against him, and this is a copy of her interlocutory decree.
Now, under our statutes, the decree of divorce does not become final until a year has passed.
But Pulasky was dead.
Nevertheless, she married Mr.
Ellis in Nevada the decree was granted, and while Pulasky was still alive.
Therefore, her marriage to Mr.
Ellis was entered into illegally.
It looks that we have a very interesting situation here, gentlemen.
Of course, if the lady is not legally married to the defendant, she can testify against him.
I don't want to, your honor.
I'm afraid you have no choice in the matter, madam.
Were you served with a subpoena? Yes, sir, two days ago.
If your honor please, you can appreciate that the defense could not anticipate this development.
I would like to confer with my client.
Since it's almost Court will be adjourned till 10:00 tomorrow morning.
Mrs.
Ellis, would you come with me, please? I don't understand this.
Neither do I.
How long has your wife been in her present apartment? What? I mean, is the lease in her name? Yes, she took the place eight months ago, while I was still in jail.
Do you own any stocks or bonds? Yes, but what's that got to do with it? Are they in the apartment? I bought them after Carolyn and I were married.
Because if you're not legally married, then they're not community property and you have a right to claim them.
As your attorney and duly authorized agent, I can do it for you.
I'll have an authorization drawn up.
You go along.
Uh, what am I looking for? My client's stocks and bonds.
Legally, that's all we canlook for.
Here they are.
Wait a minute.
Here's something funny.
Funny? A check for $24, made out to the Barton Stationers.
And? They're in San Francisco.
I know the store.
Here.
What do you think? Yeah, I think it's funny, too.
The check before that is made out to Far West Airlines for a round trip to San Francisco.
It's dated September 12th.
So's the check to the stationers, but the next check is made out to a shop here in Los Angeles and dated September 13th.
Obviously, she only spent one day in San Francisco.
What's that prove? It might prove why Mrs.
Ellis didn't tell me that Burger had subpoenaed her to testify against her husband.
Here, let's find out.
( suspenseful theme playing ) Counselor.
Now, Mrs.
Ellis, what was the defendant's reaction to the news that Charles Brewster was out on bail? I don't think I understand you.
Oh, I think you understand me completely.
Didn't he make a threat of some kind? I object, your honor.
The question is definitelyleading.
Your honor, Mr.
Mason knows perfectly well that this is a hostile witness.
The objection is overruled.
You may proceed, Mr.
Burger.
Thank you, your honor.
Now, Mrs.
Ellis, I'll repeat my question, and I remind you that you're under oath.
Didn't the defendant make a threat of some kind that you could connect up with Charles Brewster? Well, he did say there was no justice, if that's what you mean.
And did he then leave your apartment in spite of your efforts to restrain him? Yes.
What time did he return that night? About 1:00 the next morning.
With cuts and bruises on his face? Yes.
And how did he explain these wounds to you? Well, he said he'd had a little trouble with Mr.
Brewster.
Really? That's how he described it? "A little trouble"? Yes.
That's all, Mrs.
Ellis.
Thank you.
Cross-examine, counselor.
She couldn't help herself.
He made her say those things.
Mrs.
Ellis, you're still legally Mrs.
Pulasky, is that correct? That's what Mr.
Burger told me.
But you dowant to help the defendant? Of course.
You've testified the defendant left your apartment at approximately 9:30 that night? That's right.
And what did you do? I stayed home and waited for him.
The ever-faithful wife? Now, look, I can do without the sarcasm.
If it wasn't for me, Martin would still be in jail for embezzlement.
And this was responsible for his release.
Where did you get this microfilm, Mrs.
Pulasky? I told you, it came in the mail.
Are you familiar with a company in San Francisco called Barton Stationers? Well, I've heard of them.
I show you now what purports to be an order to Barton Stationers.
Is that your signature? Yes.
Would you read the order for us, please? Forty-two photostats of bills to be reduced and placed on one roll of microfilm.
Rush.
And when is the order dated? September 12th.
And when did you send that microfilm to yourself? I didn't send it to myself! Don't tell us there were tworolls of microfilm.
No, you had the original bills all along.
Where did you get them, Mrs.
Pulasky? Isn't it true that you got them while helping Charles Brewster embezzle $300,000 from a firm where you both worked? No, I had nothing to do with Charles Brewster.
Suppose we ask the doorman at the Shane Apartment if you weren't a constant visitor? You were in love with Charles Brewster.
He must've promised to get a divorce and marry you, but you didn't trust him.
That's why you kept those bills instead of destroying them.
No! Your lover behaved just as you expected, and you wanted revenge.
Why don't you stop? That's why you sent a copy of this microfilm to his father-in-law.
When Mr.
Hyett did nothing, you brought the microfilm to me, not to free the defendant, but to put your lover in jail.
You don't understand.
When Brewster was released on bail, you were afraid he'd never be tried, so you went to his apartment.
No.
You didn'tgo to Brewster's apartment? Yes, but I didn't go in! I waited in a bar across the street to see if my husband would come out.
When did you leave? When I saw the police arrive.
Look, I can even describe the place to you.
It's called "Frankie's," and they've got about 1/2 dozen booths- You could've been there many times.
But is there anyone who can prove you were there at the time of the murder? I can.
Valerie.
JUDGE: Bailiff, will you bring that woman forward? We'll have order in the courtroom or I'll have it cleared.
Excuse me, your honor.
This is Mrs.
Charles Brewster, the widow of the deceased.
Under the circumstances I'll overlook your misconduct, but I do think you should leave the courtroom.
If the court please, Mrs.
Brewster is my next witness.
Have you any further questions to ask this witness, Mr.
Mason? No, your honor.
Will you stand down, please? The clerk will swear in Mrs.
Brewster.
And as I walked into this little bar, I believe it wascalled Frankie's, I saw Mrs.
Ellis, I mean, Mrs.
Pulasky.
And what time did you arrive at this bar? Oh, it must've been around 10:00.
You see, my husband had promised to pick me up at 10:30 so we could drive to the airport.
When he didn't show up, I thought he'd forgotten me.
Yes, but didn't you notice when the police arrived? Oh, yes.
But by that time, I I was past caring.
I understand.
Mrs.
Brewster, how did you get home? I telephoned my brother.
He came by around midnight.
I really don't know why he puts up with me.
But from the moment you got to Frankie's till the time the police arrived, you're sure that Mrs.
Pulasky was in the bar? Yes, sir.
She was never out of my sight.
Thank you, Mrs.
Brewster.
That's all.
Cross-examine.
Mrs.
Brewster, whose decision was it for you to wait at Frankie's? Mine.
If you have to wait, there's nothing like a bar.
After a few drinks, it becomes a fairy land.
People are so kind and considerate.
Why didn't you go directly to your husband's apartment? I have no pride, Mr.
Mason, but I can torture myself enough without setting foot in the place where Charles did all his entertaining.
But you didset foot in that apartment once? On the night your husband died.
But that's ridiculous.
I told you, I was in Frankie's bar.
I testified I saw Mrs.
Pulasky there.
Didn't you testify you saw Mrs.
Pulasky there because you had no alibi of your own? You thought by supporting hers, you'd give yourself one? Why would Ineed an alibi? We've heard your father testify that the deceased was planning to take you to Mexico with him? I'd have gone anywhere with Charles.
I can believe that, Mrs.
Brewster.
But with his position in your father's firm gone, would he still have wanted to take you to Mexico? I don't think so.
Well, you can't escape the facts, Mr.
Mason.
Don't you remember they found twotickets to Mexico City? Yes, I do.
I also remember the wedding ring.
Well That, that was for me.
I'm always losing mine.
May I see your wedding ring, Mrs.
Brewster? Mrs.
Brewster? May I help? Leave her alone! You've baited her enough! I beg the court's pardon, but I cannot sit by any longer.
Go on, sir.
It's obvious, Mr.
Mason, that your genius is attacking a chain at its weakest link.
You know as well as I, sir, that Charles Brewster had no intention of taking my daughter with him.
She only said that to substantiate my story that I'd been to see him for her sake.
She was not at the bar.
Your honor, Ikilled Charles Brewster.
My one regret is that Mr.
Mason should have discovered it, that I did not come forward myself.
I'm sorry, Ellis.
( voice breaking ): I'm truly ( dramatic theme playing ) Okay, I can understand why you went after Valerie Brewster.
You knew that her father wouldn't sit idly by while you put her through a wringer.
But what on earth told you that old man Hyett was guilty? Well, first we know Mr.
Hyett considered himself above the law.
You mean returning the money to the bonding company? That's right.
Now, who admitted being in the apartment after Ellis left? Mr.
Hyett.
Who admitted placing the gun in Brewster's hand? Ditto.
And who admitted that he hated Brewster? ( sighing ): Also ditto.
Well? I completely shied away from old man Hyett because he was the most likely suspect.
That's your trouble, Paul.
You're a cynic.
You keep looking for things that just aren't there.
Is that what you call a cynic? Mm-hmm.
Of course, when a man looks for things that aren't there and findsthem then we call him a detective.
( laughs ) ( noirish jazz theme playing )