Perry Mason (1957) s02e14 Episode Script

( noirish jazz theme playing ) ( upbeat jazz theme playing ) MAN: You're just in time, Mr.
Rollins.
I was just explaining things to Mr.
Huxley.
Don't let me interrupt.
Now, these two goldfish are suffering from gill fever.
MAN: How much longer would you say they can live? HUXLEY: If it's really gill fever, an hour or two.
MAN: Right, but watch.
Now, I spread a small amount of my preparation on this piece of screening and place it in the water.
And within a remarkably short time Kind of a miracle, isn't it, Mr.
Huxley? I wouldn't go so far as to say that, but it's certainly impressive.
Would you be interested in merchandizing the preparation throughout the country? I may do better than that.
Let me see the formula, Wyatt.
I'd rather wait till we've seen a lawyer.
Oh? You do employ Mr.
Wyatt, don't you, Mr.
Rollins? Oh, yes, for more than two years.
Well, since Mr.
Wyatt performed these experiments on your time and with your materials, you are the sole and complete owner of the product.
ROLLINS: Tom and I plan to share equally.
Well, I've investigated your rights.
They'll stand up in a court of law.
Well, I've no intention of making any such claim.
But I do.
When Mr.
Rollins sold me this shop, he sold me the real estate, the inventory, the goodwill and the rights to every activity connected with it.
Give it back.
No, Tom, no.
It won't do any good.
Get out.
Get out.
Oddly enough, those were the same instructions I was going to give you two.
I want this shop closed tonight.
( dramatic theme playing ) ( mysterious theme playing ) Did Huxley know about Mr.
Wyatt's research when he offered to buy the shop? Oh, yes.
I sold out to him to get more money for Tom's research.
You never told me, Mr.
Rollins.
I didn't want to trouble you with money problems.
Well, I wish you'd said something.
You know the plans I had.
You know I was counting on every penny to- I'm sorry.
I didn't mean that.
Well, what's the verdict, Mr.
Mason? Unfortunately, you people walked into a trap.
Inventions made on company time, with company funds, belong to the company.
When the company is sold, goodwill and undisclosed assets go along with that sale.
Then there's nothing we can do now? Well, I didn't say that.
Let me study this, and I'll get back to you.
What do you think, Tom? I think that a man like Huxley isn't fit to live.
He's not content with just stealing you blind.
He wants everything.
Now, Tom didn't mean that the way it sounded, Mr.
Mason.
Will you see what you can do? Yes, I will.
( dramatic theme playing ) Anything new, Miss Wilson? WILSON: The red bettas arrived from Hong Kong.
It's about time.
Where's Mr.
Myers? He hasn't come in yet.
All right.
Too bad he doesn't have a bed in his office.
( typewriter keys clicking ) HUXLEY: I don't recall buzzing you, Miss Sherwood.
SHERWOOD: So it's Miss Sherwood now? Just what do you think you're doing? I thought I was running a business here.
Of course, you'd never guess it from the outfit you're wearing.
Why don't you just come right out and say it, Jack? All right, I will.
I think you'd be happier elsewhere, Donna.
You can leave tonight.
Miss Wilson? HUXLEY: Would you please come in here? Of course, Mr.
Huxley.
And don't you forget it.
I- I'm sorry.
That's quite all right, Miss Wilson.
Miss Sherwood was just leaving.
As a matter of fact, she was leaving permanently.
I know it'll be a tremendous loss to the organization, but I think we'll survive.
Oh, Miss Wilson.
With Miss Sherwood leaving, that means there's gonna be a lot more work for you.
The accountants will be coming in on Thursday, and I'm afraid that we'll have to work late tonight.
Oh, I'm sorry, Mr.
Huxley.
I- I have an engagement.
Break it.
Well, I can't.
Miss Wilson, I'm running a business organization, and occasionally, we have to ask our coworkers to stay late.
Well, if it's absolutely essential- It is.
You won't regret your decision.
When you get to know me, you'll find I can be very generous.
Am I intruding? I wouldn't turn my back on you for a moment.
What's this deal with Fred Rollins? It's nothing that concerns you.
I'm not so sure.
You know, Myers, it's no good for partners not to trust one another.
You ought to sell out to me.
Is that a suggestion or a proposition? Both.
You're broke.
You owe the bank over $10,000.
Yes, I thought you'd know.
Think it over.
Metcalf, wake up.
Hm? Yeah.
You've got some work to do for me.
Heh.
Work.
Heh-heh.
Optimist.
Heh-heh.
Analyze that.
( retches ) What is it? That's for you to find out.
But it may take weeks.
No, you're going to do it tonight.
But I-I'm busy.
I- I've got a lot of work to do tonight.
I've got all- All this work and a lot more to do.
Come on, come on.
( mysterious theme playing ) ( rings ) WOMAN: Yes? HUXLEY: Nora, don't wait dinner for me.
I have some work to do at the shop.
Blond, brunette, or redhead? Not that I care particularly.
Hold on a minute.
How much longer will you be, Metcalf? About an hour.
Well, hurry it up, and then get out.
I'd like to see you one of these nights.
There's some bills you ought to take care of- ( clicks ) Hi.
Hello, beautiful.
Hello, greenie.
Don't you snap at me.
Heh-heh.
( chuckling ) Big night, eh? Heh.
Awake, promiscuous Prometheus.
The morning in the bowl of night has cast the stone that- ( dramatic theme playing ) Hey, wake up.
( dialing ) MYERS: Hello.
Oh, hello, Mr.
Myers.
Who is this? Metcalf.
Listen, you idiot, do you realize what time it is? Yes, it's almost six.
Well, I thought you'd forgive me under the circumstances.
You see, Mr.
Huxley is dead.
( clicks ) ( ringing ) Morning, Miss Street.
Perry.
Last night I went over the Rollins-Huxley contract, found a nice lovely flaw in paragraph three.
Well, you weren't the only one that was busy last night.
Mr.
Huxley was murdered.
I heard it on the radio on my way in to work.
Call Tom Wyatt at the shop.
There's no answer.
I just tried.
Do you have his home address? Mm-hm, he lives with Mr.
Rollins.
It's right here.
All right.
Get your coat.
ROLLINS: I really think you ought to let a doctor look at it.
There's always a chance of infection.
( door buzzes ) Who is it? This is Perry Mason.
Hello.
Hello.
Hello, Mr.
Rollins.
Mr.
Mason.
I take it you heard the news.
What news? Where were you last night? He was with me.
I was here.
Were you with him? Thank you, Mr.
Rollins.
I was alone.
And you have no one to vouch for you? Well, why should I have to? Mr.
Huxley was murdered last night.
How'd that happen? Perry, Lieutenant Tragg.
They obviously know about the contract with Huxley.
Well, who could have told them? Huxley's lawyer.
He might even have told them that Huxley bought your place just to gain control of Wyatt's preparation.
( door buzzes ) All right, Tom.
Let them in.
What'll I tell 'em? The truth.
( door buzzes ) TRAGG: Wyatt? WYATT: That's right.
My name is Tragg.
Lieutenant Tragg.
May I go in? Counselor, how are you? Couldn't be better.
I'm glad to hear that.
Della, you- You look lovelier than ever, if that's possible.
Oh, how very sweet of you, lieutenant.
Well, it's no more than you deserve.
You just Ahem.
Well, is Mr.
Mason representing you? Well- Yes, I am.
I suppose you heard that a J.
B.
Huxley was murdered last night.
Somebody fed him a morphine cocktail about 11:30.
I wouldn't know about that.
I understand that you feel Mr.
Huxley took advantage of you in a business deal.
WYATT: He did.
That prompts my next question: How did you do that? That slipped out of my hands.
My hands were wet, and I dropped it.
It couldn't happen that way in a million years.
What's the true story, Mr.
Wyatt? Why, lieutenant? Apparently, Huxley's killer entered the shop by breaking a window in the lab.
We found blood all over the place.
I'm sure you'll have no objection if we compare the blood type with yours? You'd better go with him, Tom.
( noirish jazz theme playing ) Well, Nora, what do you say? I don't need to tell you how important this is.
I'd like an answer immediately.
Can't we discuss it some other time, Dan? After all, they haven't even buried Jack yet.
Let's not play games, honey.
Get out.
All right, if you can afford to throw away $50,000 a year, congratulations.
Dan are you just talking telephone numbers? That was a conservative estimate.
We'd get orders from all over the world for Wyatt's preparation.
What would I have to do? All you'd have to say is that you were present when I gave your husband $6,500 cash as my share to buy Rollins' shop.
That's how Huxley & Myers gained control of Wyatt's formula.
That's all? It's as simple as that.
Is that why you killed him? What are you saying? You needed money.
If you felt my husband was taking advantage of you You're cute, Nora.
You're pretty darn cute.
Flattery will get you nowhere.
Why should I perjure myself for you? If my husband bought the Wyatt preparation with his own money, then it becomes part of his estate.
Oh, oh, I see.
And as the widow, then you'd get everything, is that it? I'm glad you see my point.
Well, now, being a gentleman, I naturally hate to bring this up, but, uh, where were you last night? Right here.
I came by at 10:00, Nora.
There was no answer.
I went to bed early.
Your car was out of the garage.
And just on a hunch, I drove by the shop.
I saw your car.
It was parked a block down the street.
The district attorney is going to think it mighty peculiar that you picked last night, of all nights, to spy on your husband.
You're pretty cute yourself.
Thank you.
Now that I think about it, it all comes back to me.
You came here one night last month and gave my husband a check for $6,500, as your share in Mr.
Rollins' shop.
No, it was cash.
Of course.
How stupid of me.
And at 20 minutes to 11, Myers left Mrs.
Huxley's home.
Now, he was there for over two hours, but I don't know- Oh, come in, Mr.
Metcalf.
I'm sorry to have kept you waiting.
I believe you know Paul Drake.
Sure, I'm so glad you could come.
I wouldn't have missed it for anything in the world.
Won't you sit down? Ah, thank you.
This is a lovely place you have here.
And what a perfect spot for an aquarium.
That's an idea.
You'd be surprised what you can learn about people from fish.
( chuckles ) You know, they come in all kinds, all shapes.
Some of them even wear black stripes.
Which should have provided a moral for the late Mr.
Huxley.
You thought he belonged in jail? Well, he defrauded Mr.
Wyatt.
Well, then you know about Tom's formula? Oh, yes, yes.
Mr.
Huxley asked me to break it down.
Were you successful? Uh, I must refer you to the police.
I believe they found my analysis on the body.
Who do you think killed him? Heh.
Offhand, I would say the possibilities were limitless.
To know Mr.
Huxley was to hate him.
He had the avariciousness of a Siamese fighting fish.
The appetite of a shubunkin and the- The libido of a guppy.
Oh, thank you.
What do you mean the, uh, libido of a guppy? Well, you see, Mr.
Huxley liked to live dangerously.
One mate wasn't enough.
Who was his current pilot fish? ( chuckles ) That's pretty good.
Her name is Donna Sherwood.
Beautiful creature.
With the instincts of a firemouth.
I, uh, don't believe I quite understand that.
You would if you knew Donna.
Uh, but I have reason to believe she was on her way out.
Mr.
Huxley was grooming a successor.
Sally Wilson.
She was the, uh, bookkeeper at Huxley & Myers.
Yes, but she may have improved her position.
She was working very closely with Mr.
Huxley on the night of the murder.
I think he had plans for her.
Do you know what time she left? I do know she was still in his office when I left about 11.
Thank you very much, Mr.
Metcalf.
I certainly appreciate your coming by.
Thank you, sir.
DONNA: Good morning.
What are you doing here? That's a pretty ridiculous question.
If you're thinking of talking to Mr.
Myers, you're wasting your time.
He called me this morning.
Told me he'd regard it as a personal favor if I continued with the organization.
I thought I left it here.
( knock on door ) Yes? Excuse me.
Where might I find Mr.
Myers? Mr.
Myers doesn't usually come in until after 10.
DONNA: May I help you? My name is Perry Mason.
You're- Oh, I-I'm sorry.
It's, uh- It's just that I-I've heard a great deal about you.
And you are, uh? Sally Wilson.
I'm Donna Sherwood.
If there's anything I can do, Mr.
Mason, anything at all, please feel free.
You were Mr.
Huxley's private secretary? Mm-hm.
Would you excuse me? I- I've got to get back to work.
Won't you sit down? Thank you.
( typewriter keys clicking ) I understand Mr.
Huxley worked late on the night he was murdered.
Yes, that's right.
What time did you leave? I wasn't here.
Oh? I just assumed as his secretary- Mr.
Huxley didn't require my services that night.
I left shortly after 4:00.
Miss, uh, Wilson worked with him.
Then perhaps I should see Miss Wilson.
Mr.
Mason, if there's anything else I can tell you, please don't hesitate to call.
As a matter of fact, you might do better trying me at home.
I live at the Claymore.
I'll remember that.
Excuse me, Miss Wilson.
I'm very busy, Mr.
Mason.
This won't take long.
I believe you worked with Mr.
Huxley on the night he was murdered? That's right, till 11.
Was Mr.
Huxley all right when you left? Well, he complained of a slight headache.
He thought he'd better lie down before he drove home.
Do you know my client? Your client? Tom Wyatt.
Mr.
Huxley sent me out to Mr.
Rollins' shop several months ago to get some papers signed.
I met Mr.
Wyatt there.
Would you know if Mr.
Wyatt was here around 11:00 on the night of the murder? I'm sure he wasn't.
You're sure he wasn't? Around a quarter of 11:00, I started to go to the washroom to clean up, and I noticed that Darrell had- That's Darrell Metcalf.
- had left the lab window open, and papers were blowing all over the place, so I thought I'd better close it.
But, uh, clumsy me, I tripped.
Are you trying to tell me that you were the one who broke that window? I'm afraid so.
Cut? Who applied the bandage? Mr.
Huxley.
You told that to the police? If you'd, uh, like me to testify- You may have to do just that.
Thanks a lot, Miss Wilson.
( mysterious theme playing ) He called in about a half-hour ago, said that he couldn't see Myers, but I know he talked to- Hi.
It looks like he discovered gold among the goldfish.
I did.
I had a very interesting talk with the Wilson girl.
She's ready to swear she was responsible for that broken window in the lab.
I hope she doesn't.
She'll be committing perjury.
All right, Paul.
Let's have it.
Sally Wilson left the office at 5:30 the night of the murder.
She went directly to the Dartmouth Grill, where she met her boyfriend and told him she had to go back to work.
He was not exactly delighted at the news.
This boyfriend wouldn't be Tom Wyatt? He would.
Does Mr.
Burger know about this? He got it from the same source I did: Frederick Rollins.
Della, see if you can get Mr.
Rollins on the phone.
Mm-hm.
( rings ) Hello? MASON: Mr.
Rollins? Yes? This is Perry Mason.
Oh, of course.
I was wondering if you could come by my office this afternoon.
Well, uh, I'm afraid not.
You see, I'm going to see Tom.
I was gathering some things he might need: his razor and shaving cream.
There's one thing he needs even more: friends.
Did you talk to the district attorney? Oh, yes, yes.
I told him all about Tom and Sally being engaged.
You did? Yes, I heard you advise Tom to tell the truth, and I thought you'd want me to do the same.
Was I wrong? No, you were perfectly right.
Well, I'll see you in court.
Goodbye, Mr.
Mason.
( dramatic theme playing ) ( suspenseful theme playing ) BURGER: Now, officer, I direct your attention to state exhibit number 3: the drug-record book of the Winston Pharmaceutical Company.
And I ask you if you were the officer who picked this book up? That's right, sir.
Would you read for us, please, this item dated November 4th? "Purchaser, Thomas Wyatt.
Product, morphine sulfate.
The amount, 15 grams.
" And it was signed by Thomas Wyatt.
Did you ask the defendant if he indeed signed this book? Oh, Mr.
Wyatt admitted he did.
He claimed that he needed the morphine for his laboratory work.
I see.
Thank you, officer.
You may cross-examine, counselor.
No questions.
The witness will stand down.
I call Sally Wilson to the stand, please.
BURGER: Miss Wilson, you're acquainted with the defendant, Mr.
Wyatt? SALLY: Yes, I am.
BURGER: As a matter of fact, you and he are engaged to be married? SALLY: That's right.
Would you tell us, please, in your own words, everything that you did the night of Mr.
Huxley's death, from 5:30 until midnight? First I went to the Dartmouth Grill, where I met Tom, and we were supposed to have dinner together, but I had to go back to work.
Well, what was the defendant's reaction to this? SALLY: He understood perfectly.
Miss Wilson, isn't it a fact that when you told the defendant you had to go back and work with Mr.
Huxley, he created such a disturbance that the manager of the restaurant had to come and quiet him? Your Honor, please, I must object to the district attorney cross-examining his own witness.
I think Mr.
Burger has proven that the witness is hostile.
You may proceed.
Thank you, Your Honor.
Now, Miss Wilson, I ask you again: What was the reaction of the defendant when you told him you had to go back to work? He said he didn't want me to go.
You quarreled? Yes.
But, nevertheless, you did go back to the office? Mr.
Huxley was waiting for me.
He had been drinking.
We worked for a couple of hours, and then he closed the books and said he thought that we had done enough work for one night.
BURGER: And then what happened? He made advances to you? SALLY: Yes.
And your fiancé was waiting outside the window when he heard your cries for help? No, that's not true.
I didn't know he was outside until he broke through the window.
He was going to kill Mr.
Huxley with his bare hands, but I stopped him.
I don't know how, but I did it.
That's the truth.
All right.
What happened then? Tom drove me home.
Now, all this time he was bleeding profusely from this cut in his hand, is that right? SALLY: Yes.
And you didn't do anything to try to stop the flow of blood? To bandage it? I- I just wanted to get him out of there.
I tried to bandage it for him when we got back to my apartment.
How long was Mr.
Wyatt at your apartment? Till about 3:00 in the morning.
Don't you understand? He- He couldn't have killed Mr.
Huxley.
I was with him every minute of the time.
Thank you, Miss Wilson.
That's all.
Cross-examine.
Miss Wilson, you testified that after the defendant struck Mr.
Huxley, you immediately left, and Mr.
Wyatt drove you home? That's right.
But you were excited when you left.
In your haste, didn't you forget something? I don't know what you mean.
Well, it would be quite understandable if you forgot, let us say, your gloves or your purse, or that Tom went back into the shop for a few seconds.
No, I said he didn't go back at all, because I was with him every minute of the time.
Thank you, Miss Wilson.
That'll be all.
JUDGE: Mr.
Burger? I have no questions on redirect, your honor.
JUDGE: Stand down, please.
I call Lieutenant Arthur Tragg.
We found this in the defendant's bathroom.
I checked the linen supply company.
The subscriber was Huxley & Myers.
How did the defendant explain his possession of this towel? He refused to.
And yet the previous witness testified that he made no attempt to bind up his wound while she was with him.
Doesn't that seem to indicate clearly that the defendant must have gone back- I object, your honor.
The district attorney knows full well the impropriety of the question.
JUDGE: Yes, we'll have no more of that, Mr.
Burger.
BURGER: I'm sorry, Your Honor.
Tom went back to get my purse, but he wasn't gone for more than a minute.
He called me a couple of names, and I hit him again.
That's when I got the towel from his desk.
I show you this piece of broken window glass from the lab at Huxley & Myers' store, and I ask if you checked it for fingerprints? Yes, sir, it has a right thumb and forefinger etched in blood, down here.
Were you able to identify those prints? TRAGG: They belong to the defendant, Thomas Wyatt.
BURGER: Thank you, lieutenant.
That will be all.
Cross-examine.
Lieutenant, the coroner testified that the victim had imbibed alcohol.
Did you find any physical evidence of this at the scene? Yes, sir, there was a bottle of whiskey and two glasses.
One of them had, uh, lipstick on it.
What about fingerprints? On the glass that had the lipstick, we found the fingerprints of Miss Wilson and Darrell Metcalf.
MASON: What about the other glass? Only the fingerprints of the deceased.
Did you remove any other evidence from the premises? Yes, sir, there was a pint-size container containing a paste compound.
It was in the wall safe, and I sent it down to the crime lab.
Why? Well, it had the defendant's name written on it: "Property of Tom Wyatt.
" We analyzed the paste.
It contained morphine sulfate, among other things.
MASON: Was there any other name on the container? TRAGG: The name, uh, Frederick Rollins was printed there too.
Thank you, lieutenant.
No further questions.
JUDGE: You may stand down.
And then at 4:00, I relieved the switchboard operator for her coffee break.
Go on, Miss Sherwood.
About five minutes later, a call came through for Mr.
Huxley.
I asked who was calling, and the man said he was Tom Wyatt.
Mr.
Huxley had left instructions that he didn't wanna talk with him, so I told Mr.
Wyatt that Mr.
Huxley was out.
And then what happened? Mr.
Wyatt started calling me all sorts of horrible names.
He said I was trying to cover up for Mr.
Huxley, that he was coming down to the shop and kill the louse.
Are you sure that he said that? I'm positive.
I never heard a man be so abusive in all my life.
Thank you, Miss Sherwood.
Your witness.
( man coughing ) Now, tell me, Miss Sherwood, how did you feel when you heard your employer threatened? I got frightened.
That's understandable.
You immediately informed Mr.
Huxley? Well, no, you- You see, I-I- I left for the day right after the switchboard operator came back.
Then apparently you didn't take Mr.
Wyatt's threat seriously.
Of course I did.
Could it be, then, that you were pleased to hear that Mr.
Huxley was in danger? I resent that.
You make it sound like I hated Mr.
Huxley.
Didn't you? He fired you that day.
He did not.
Then why was it necessary for Mr.
Myers to call you the next morning, and ask you to return to work as a personal favor? Well, didn't you return at Mr.
Myers' request? So, what? So thank you, Miss Sherwood.
That's all.
JUDGE: The witness may stand down.
Mr.
Myers, how long were you associated with Mr.
Huxley? Over 11 years.
Were you involved with him in the purchase of the assets of the business of Frederick Rollins? Oh, yes, it was a partnership transaction.
We went into it together.
We felt that Tom Wyatt had made a very valuable discovery.
And did you have a conversation with the deceased about Tom Wyatt on the day of the murder? Yes, sir, I did.
Would you relate that conversation to us? Well, shortly before I left for the day, I went into Jack's office, and, uh, it was then that I noticed that the pocket on his coat had been torn.
I asked him how it had happened.
He told me he had been to visit Tom Wyatt and Mr.
Rollins, and that Wyatt had attempted to hit him.
The coat was torn when Jack pulled away.
Thank you, Mr.
Myers.
Cross-examine.
Mr.
Myers, I believe you testified that Rollins' shop was purchased with company funds.
I did.
Then the books of the company will show a record of that transaction? The books don't always record every transaction.
Then how was this particular transaction handled? I went over to Jack's house one night.
I don't remember the exact date.
It was one night last month, shortly after he'd had the agreement drawn up with Fred Rollins.
I gave him $6,500 cash as my share.
Mrs.
Huxley saw me.
MASON: Where do you live, Mr.
Myers? Pasadena.
So you drove almost 50 miles to see the deceased at his home in Santa Monica, when you could have accomplished the very same thing the next morning at the office? Well, isn't that true, Mr.
Myers? Yes.
Thank you.
That's all.
JUDGE: The witness may stand down.
Then Mr.
Myers gave my husband $6,500 in cash to buy Mr.
Rollins' shop.
Can you present this court any evidence to prove that your husband bought all right, title and interest in the defendant's formula? Well, I have the contract here.
Thank you.
If it please the court, I should like this entered in evidence and marked as an exhibit for the people.
Your witness.
Mrs.
Huxley, are you aware that at no place in this agreement does it state that your husband was acting for Huxley & Myers? According to this, he was acting only for himself.
That's been explained to me by my attorney, Dean Walker.
I- I imagine it sounds as though I'm trying to give away half interest of a valuable property, but I know what my husband's intentions were.
He wanted Mr.
Myers to be his partner in the deal.
Were you always this scrupulous about following your husband's wishes? Yes, I was.
I was in love with him.
MASON: You testified a moment ago that Dean Walker was your attorney.
NORA: That's right.
When did you first meet with Mr.
Walker? Last Tuesday, when I spoke to him about that contract.
Isn't it true that you first met with Mr.
Walker three weeks before your husband died? And weren't your questions to him then about grounds for a divorce? Now, why did you testify that it was your impression Mr.
Myers was to be a partner in Wyatt's formula? And why were you so willing to give away a fortune? Did you have reason to believe that the formula had no value? Well, I- Did you have reason to believe the formula had no value? Yes, I did.
My husband told me it wouldn't work.
He called me from the office that night.
Your Honor, I move that the witness's unsolicited remarks be stricken from the record.
On the contrary, Your Honor, if what Mrs.
Huxley says is true, it goes to the very roots of the prosecution's case, as far as motivation is concerned.
If it please the court, the prosecution knows the formula works.
Then you should have no objection to proving it in court.
Uh, it seems, gentlemen, as if we're entering what I call a gray area.
Now, if we follow strict legal procedure, I must overrule in Mr.
Mason's proposal.
Mr.
Burger, I think you'll be the first to agree that, uh, convictions based upon mere technicalities are to be abhorred.
Now, we're not playing parlor games here.
A person's life is at stake.
I quite agree, Your Honor.
And if the court or Mr.
Mason feels the ends of justice can be best served by repeating the test here, I'm willing to cooperate.
JUDGE: Thank you, Mr.
Burger.
Your Honor, I have no further questions of this witness.
JUDGE: The witness will step down.
As it's nearing the hour of adjournment, this court will reconvene tomorrow morning at, uh, 10:00.
( dramatic theme playing ) ( mysterious theme playing ) Those poor little fish don't look too well.
I hope they last till Paul gets here.
I wonder why Mrs.
Huxley perjured herself.
Why did she say the formula wouldn't work? She had no choice.
She was trying to defend her actions of giving Myers half ownership.
Obviously, it wasn't her husband's intent.
Where's that stopwatch? I want to time this.
Oh.
It's right here.
( knocking on door ) Come in, Paul.
Ah, you're a little late.
I know, but I had to get this stuff made up.
The goop Burger's using from your client's original mixture, and it's locked up where nobody can get at it.
I had that prepared from Darrell Metcalf's breakdown.
The temperature's supposed to be- Eighty-five.
It is.
( mysterious theme playing ) Della? They're dead.
Well, Mrs.
Huxley was right.
It doesn't work.
Are you sure these fish had gill fever? Well, that's what the man at the store said.
And Tom said this was a sure cure.
He could have made a mistake.
But Mr.
Huxley himself saw a successful demonstration in Rollins' shop.
Don't forget, Mr.
Rollins supplied those fish.
How do we know they were actually suffering from gill fever? I think Mr.
Burger may be in for a slight surprise.
( suspenseful theme playing ) I take a little of Mr.
Wyatt's preparation, and I spread in on the mesh, like this.
Now I agitate the water with it in this fashion.
Now, Mr.
Tiller, while we're waiting for a reaction, would you tell us please what these goldfish are suffering from? They are victims of gill fever.
As a qualified expert, would you say beyond any doubt-? ( crowd murmuring ) Well, Mr.
Tiller, what do you think of that? It's amazing.
TILLER: I've never seen anything like it before.
BURGER: On the basis of this test, would you say that this preparation is a cure for gill fever? Absolutely.
Have you any idea as to the monetary value of this preparation? No, but it should be in great demand wherever fish are sold.
Thank you, sir.
Cross-examine.
Of the remedy Mr.
Burger just used, I have only one question, Mr.
Tiller: Do you know who prepared that remedy? TILLER: I do not.
The prosecution will stipulate that remedy came from the container identified by Mr.
Metcalf as the one given him by Mr.
Huxley for analysis.
MASON: Your Honor, at the risk of trying Mr.
Burger's patience, I respectfully request that Mr.
Metcalf testify to this fact.
Mm-hm.
Mr.
Burger? Heh-heh.
Very well.
I'll call Darrell Metcalf to the stand.
CLERK: Mr.
Darrell Metcalf to the stand.
Mr.
Darrell Metcalf? Oh.
I do.
( crowd laughing ) CLERK: Will the witness please wait until the oath is administered? ( crowd laughing ) Order.
Order in the courtroom.
Now that you've identified the container for the district attorney, would you say that the compound you analyzed was some kind of remedy? I would not.
Why? I'm a chemist, not a pharmacist.
Are you a qualified chemist? Yes, sir.
I have a degree in chemistry from the University of Oxford, England.
Doctor of Science, Sorbonne, University of Paris.
Yes, I'm qualified.
( chuckles ) And in this demonstration we've just seen, are you positive that the compound used was the original Wyatt preparation? METCALF: That's what Mr.
Huxley gave me to analyze.
MASON: Wasn't it prepared from your analysis? METCALF: Not that I know of.
I show you now state's Exhibit 12.
This is your analysis? Yes.
I tried to cure some sick fish last night from medicine prepared from this analysis.
They died.
Why? ( scoffs ): How should I know? Could it be we omitted some necessary ingredient? I wouldn't know.
I wasn't there.
Would you say that morphine sulfate is difficult to identify? Uh, not particularly.
The autopsy surgeon had no difficulty in identifying it as the toxic agent that killed Huxley.
That's his job.
And it was your job to give Mr.
Huxley an accurate analysis, was it not? He got what he asked for.
But not what he expected.
Would you please explain to this court why you failed to include morphine sulfate among the ingredients listed on this paper? ( mysterious theme playing ) MASON: Was it because you used the morphine sulfate for another purpose? Hm-hm.
You've got me there.
You mean, you can't answer the question? Not without- Uh, how do you say it? - mm, without incriminating myself.
Is that your answer? Yes.
So let's get on with it and come to the big question, shall we? MASON: Will you answer it? METCALF: Yes, of course.
Why did you kill Jack Huxley? The morphine was in my hand.
Used one way, it could alleviate pain.
Used another way, it could exterminate vermin.
And Webster, I believe, describes vermin as a noxious, disgusting animal.
That's a perfect description of Mr.
Huxley.
So I exterminated him.
It's as simple as that.
But I must admit, my motive was rather a sordid one.
You see, I live in the mud of despair, and I thought that with the Wyatt formula, I might be able to get away from it all.
With the money I made from it, I could- I c- I could what? ( laughs ) I could drown myself in a sea of champagne.
Believe me, sir, I'm deeply ashamed of it.
But no matter what my motive, one thing I'm sure: The world will be a lot better place without the likes of Jackson Huxley.
( upbeat jazz theme playing ) Under the circumstances, the, uh, case against Thomas Wyatt is dismissed.
The prosecution will take necessary steps against this witness.
Court is adjourned.
( mellow theme playing ) Actually, it was fairly simple.
Mr.
Metcalf was outside during the whole thing.
After Tom and Sally left, why, he went in and helped Mr.
Huxley pull himself together by giving him a drink.
Hm.
Only this one was loaded with the morphine sulfate.
It was as easy as that.
Huxley was in no condition to ask questions after his fight with Tom.
Perry, what put you onto Mr.
Metcalf in the first place? Oh, I- I guess the glass with the lipstick.
I wondered why he drank out of that one instead of Huxley's.
And since the other one contained the morphine sulfate, he had to be either lucky, or Or he knew more than- "Dear Mr.
Mason, this arrived while you were at dinner.
Gertie.
" "I've arranged to have this delivered "to show there are no hard feelings.
"Mr.
Burger informs me if I plead guilty, "I'll be given life imprisonment.
"I understand the warden at San Quentin "has an aquarium.
"What more can I ask? Darrell Metcalf.
" ( dramatic theme playing ) ( noirish jazz theme playing )