Perry Mason (1957) s02e15 Episode Script

( noirish jazz theme playing ) ( romantic theme playing ) ( indistinct conversation, laughter ) We've had a wonderful time.
Oh, not nearly as much fun as I've had.
Oh, my gifts are so beautiful.
How can I ever thank you all? We'll get it back when we get married.
That is, if we ever do.
( all laugh ) I promise to throw you all half the bridal bouquet.
Good night, Millie.
Good night, and thank you.
Good night.
Such a wonderful time.
Oh, thank you.
Good night.
We had fun.
Good night.
Ah.
Ha-ha.
Woo.
Heh-heh.
I feel like I've been drinking champagne instead of coffee.
I don't blame you.
My gosh, your picture in the paper and church wedding six days off, honeymoon in Hawaii.
Golly.
Oh, and don't forget Bob.
Oh, yes, Robert Wallace, tall, dark and mysterious, with half the girls in Marshall City after him.
But I happened to be the one sitting at the next desk at Marshall City Power and Light in the accounting department.
Oh, don't be silly, it wasn't anything like that.
Listen, Millie, you're the best of the lot, and you deserve the best.
Look, are you sure you don't want me to stay and help you with this mess? Oh, heavens, no.
I wouldn't dream of it.
Besides, Bob's coming over, and I wanna start training him right.
Oh, fine.
Bye-bye, sweetie.
Ha, ha, ha.
Good night, and thank you.
Bye-bye.
( sighs ) ( phone rings ) Hello? Oh, Bob, I thought you were on your way over.
( Bob talking indistinctly ) What? I said, not tonight or ever.
Our little romance is finished, Millie, and it's devil take the hindmost.
Bob- Honey, you know, sometimes I can't tell when you're joking.
Now, what makes you think I'm joking? I have here in my pocket, taken from the firm for which we both toil, the sum of $9,000.
Nine thousand dollars? Yeah, you see, I did a little juggling with the books.
They'll discover the loss on Monday, but I'll be gone.
So will you, if you're smart.
Why? I have nothing to hide.
I know that, Millie.
It might be tough to prove.
You see, I did most of the juggling in your books.
I gotta go now.
( ominous theme playing ) ( dramatic theme playing ) ( sobbing ) Five gallons, please.
How'd you like to trade cars? Oh, no thanks.
I didn't think you would.
What happened? He says I burned out a bearing.
Oh, I'm sorry.
How about a lift? Where to? Any place I can catch a bus.
I gotta be in L.
A.
in the morning, to meet some friends.
What about your car? I'll pick it up here when it's fixed.
I could take you over to Highway 395.
You could catch a bus there- You're a doll.
( sniffles ) Been crying, haven't you, Millie? Yeah, a little.
Boyfriend trouble? Forget it, honey.
Running after a guy'll get you nowhere.
I speak from practical experience.
But this last time, instead of driving around, I'm driving straight.
A thousand miles straight, into a brand-new world where nobody's ever heard of Fern Driscoll.
Oh, I thought you were meeting friends in Los Angeles.
I just said that.
I don't know anybody in L.
A.
And nobody knows me.
It'll be like being born again.
How's about joinin' me? I'm afraid it wouldn't work for me, Fern.
Well it was just an idea.
Pull over to the side.
I mean right now, sister! What? Shut up! Just step on the brakes- ( tires screech ) What are you doing-? ( both scream ) ( suspenseful theme playing ) WOMAN: Excuse me.
Would you please pass the sugar? Thanks.
You just get here in Los Angeles? Mm-hm.
Oh, would you take these too? Every day, I always think I can eat everything in the joint.
I always wind up with toast and coffee.
( chuckles ) That wouldn't be the rooms-to-let section, would it? Yes.
That's funny.
I have a to-let problem myself: An apartment I can't quite swing on $85 a week take-home pay.
Eighty-five a week? Gee, that sounds like a lot.
Not here in Los Angeles.
It's barely enough to make ends meet.
Oh, would you be interested? Well, what's the apartment like? Well, one bath, two bedrooms, and, of course, me.
I sing in the shower and smoke in bed and hate to do dishes, but on the other hand, I'm pretty good at minding my own business.
Look, I have the day off, and the apartment's only a few blocks from here.
Would you like to come and have a look-see? Oh, well maybe until I get settled.
Good.
Oh, by the way, my name's Laura Richards.
And I'm Fern Driscoll.
Oh, well, that'll be easy to remember.
Shall we shove off, Fern? Oh, uh, okay.
Oh, what a dump.
It's your own fault.
You should have stayed home in San Francisco where you belong.
And let you come down here alone and play around? How many times do I have to tell you that this is business? Ha! I suppose it was business when I caught you with that redhead in San Diego.
No, sirree.
From now on, wherever you go- ( phone rings ) I told you I was answering the phone around here.
All right, answer it.
Hello? Oh, it's you.
Fred Ernshaw.
Who'd you think it would be, Miss Universe? Yeah, Ernshaw? She has? Where? Apartment 4.
She moved in with a dame named Laura Richards.
You sure it's the right girl? Well, of course I'm sure it's the same girl.
I traced her all the way from Bishop Falls.
She's got an overnight case labeled "F.
D.
", and I just heard her introduce herself as- As Fern Driscoll.
Okay, okay.
Don't blow a fuse.
You can go back to San Francisco if you want to.
It's all right with me.
I'll take it from here.
I'll bet you will.
You know, it's funny how it always works out.
I do all the work, and you take the credit.
If you don't like it, Ernshaw, you know what you can do.
( sighs ) May I call a number, or would you like to do it for me? Now, Carl, I- Don't "Now, Carl" me.
I'm fed to the teeth.
Operator, get me the Claymore, Room 929.
Answering my calls, opening my mail, following me.
Isn't one detective in the family enough? Yes, and so is one woman.
Carl Davis, sir.
I've got some more dope on the girl.
She's living at, uh Well, go see her, Davis, and report back.
And keep my name out of this, you understand? I understand, sir.
I'll call you in an hour or so.
Where do you think you're going? It's none of your business.
Now, you listen to me.
That's all I've been doing for the past eight years: Your bell must be out of order.
Oh, yes, I know.
Are you Fern Driscoll? Yes.
My name is Carl Davis.
I'm an insurance investigator.
May I come in? Oh, well, if you're selling something, Mr.
Davis- I'm not selling a thing.
I just wanna ask you a few questions about an automobile accident.
An automobile accident? Yes.
It happened about a week ago around Bishop Falls.
It seems that this, uh, car went outta control, which is very sad, Miss Driscoll.
The car caught fire.
The driver was burned to death.
Isn't it awful? Her name was Mildred Crest.
I don't know what you're talking about.
That's funny.
It was in all the papers.
This, um, Mildred Crest was wanted in Marshall City for embezzling money from the Light and Power Company where she and her boyfriend, Bob Wallace, worked.
Tell you, this gal really had problems.
According to the autopsy, she was going to have a baby.
Interesting? No, not to me.
It gets better as it goes along.
You see, an alert investigator, me, found a locket near the scene of the wreck.
On it are the initials F.
D.
Now, look, Mr.
Davis- From then on, it was a cinch.
I found a garage where this Millie Crest gave a gal a ride.
What do you want? I got a hunch that you were driving Miss Crest's car at the time of the accident.
I want a statement to that effect for my insurance company.
Why should I give you any kind of a statement? Well, to put it bluntly, to avoid being charged with having left the scene of a fatal accident.
( sighs ) I see.
Now, this other thing, Miss, uh, Driscoll.
I checked on you back in your hometown.
It seems that you left hurriedly with something very interesting in your possession.
Something that a certain man would pay money to get his hands on.
I don't know what you're talking about.
Well, does the name Johnny Baylor mean anything to you? No.
Look, I happen to know it does, so let's stop fencing around.
You sign the statement, turn over you-know-what to me, and I'll forget that I ever saw you.
Whatever it is you think I have, Mr.
Davis, I haven't.
Okay, play it your way, but I'll be back tonight.
Say, around 7:00.
If you don't come through then, I'll call the cops.
( door closes ) ( sighs ) ( tapping at door ) Well, Laura I didn't know you were home.
I came in the back way.
I told you I was pretty good at minding my own business, but, uh, I was in the kitchen just now when you and your, uh, boyfriend were talking.
Uh, well, uh, he's not exactly my boyfriend.
I gathered that.
What's with that, uh, you-know-what he was talking about? I don't know.
It must have something to do with the real- Oh, Laura, can you keep a secret? No, I'm a complete blabbermouth.
Besides, your caller gave me goose pimples.
Well, I've gotta talk to somebody.
( sighs ): Oh, am I in a jam.
Well, if I were in your shoes, I'd see a man named Perry Mason.
The lawyer? Mm-hm.
( suspenseful theme playing ) Let's see if I have this straight, Miss Driscoll.
The car swerved and went off the road, then caught fire, but you were thrown clear when the car door flew open? It was a miracle that I was only knocked unconscious.
And then when I came to, I could see that the flames were dying out, and that Miss Crest was dead.
Yes.
The only thing left unharmed was my bag and an overnight case.
Go on.
Well, I climbed back up onto the road and I started walking, and about a mile away I found a motel.
They didn't ask any questions, so I stayed for a couple of days.
And then I came out here to Los Angeles.
Who was driving when the car went off the road? I was.
Well, Millie asked me to.
She- She said she was tired.
What did Mildred Crest look like? Oh, she was, uh, a brunette with, um Well, Mr.
Mason, to tell you the truth, it all happened so fast I really didn't have time to notice.
The reason you fled was because you were afraid they'd blame you for her death? Partly but mostly because I didn't want my name in the papers.
Mr.
Mason, I'm not a fugitive from justice, but, well, I left home I left home because of personal reasons.
I found one reference to the accident.
The story dateline is Marshall City.
"Mildred Crest, fiancé Robert Wallace, "both wanted for embezzlement.
"Wedding only four days off.
According to autopsy, she was expecting a baby.
" Mr.
Mason, what should I do? Mr.
Davis is coming back up to my apartment at 7:00 tonight.
Just refer him to me.
Tell him you've retained me as your attorney.
( sighs ) Well, I'm afraid that poses somewhat of a problem.
You see, I haven't very much money.
I have got a job lined up, but- How much change do you have in your purse? Thiry-eight cents.
I'll take it.
Now it's official.
I'm your lawyer.
Is there anything else you wanna tell me? No.
All right, then.
You run along.
Stop worrying about Davis.
Just phone me the moment he leaves.
I'll wait here for your call.
Oh, thank you so much, Mr.
Mason.
Goodbye, Miss Street.
Goodbye.
Thank you.
You'd better deposit this.
( door closes ) Will you tell me something, counselor? Why did you take this? Well, it puts things on a legal basis.
And made anything she told you privileged communication? Mm-hm.
But why didn't you have her report the accident? Della, would you let a hitchhiker drive your car after you picked her up? I have a hunch Miss Driscoll isn't telling us the truth.
( ominous theme playing ) ( door closes ) Laura? ( suspenseful theme playing ) Laura, is that you? ( gasps ) ( screams ) ( sobs ) ( gasps ) ( gasps ) ( sobs ) I said, your client stabbed me with an ice pick.
About an hour ago in her apartment.
( coughs ) No, it's painful, but I don't need a doctor.
No, either she turns over those letters to me, or I'm going to the police.
Where are you? All right, stay there.
I'll be over.
That was Carl Davis.
Are you going to go see him? No, I'm going to see Fern Driscoll.
And then I ran to the door, but he was already gone.
Oh, I know I should have called you right away, Mr.
Mason, but, well, I was afraid.
Afraid of what? Did you know it was Davis when you struck out with that ice pick? Oh, no, the lights were out.
And you didn't hear the doorbell ring? Oh, it hasn't worked for weeks.
No signs of tampering, but a thin blade could have opened this without leaving any marks, or a skeleton key.
Did he get the letters, Miss Driscoll? Letters? What letters? Davis thinks you have some letters he wants.
Letters from Johnny Baylor.
I've already told you, I don't know any Johnny Baylor.
Davis sounded as though he were sure you had them, that I'd deliver them to him.
Mildred Yes? ( gasps ) isn't it about time you told me the truth? Yes.
( knock on door ) That'll be Mason.
Let him in.
Mrs.
Davis? DAVIS: Never mind her.
I'm the one you wanna see.
Did you bring those letters? Not with me.
First I want to find out more about this, uh, accident.
Accident? You call being stabbed with an ice pick an accident? How do you know it was an ice pick? Take a look there.
What about that drink, Marge? Stuck into my chest right up to the hilt.
Just leave it there.
( coughs ) Carl, let me call a doctor.
I said no.
Why don't you go take a shower or something? You look a mess.
Suppose you tell me how all this happened? Well, about 7:00, I went to her apartment.
Fern Driscoll's apartment? Yeah.
She knew I was coming.
And how.
I knocked.
She opened the door and said, "Come in.
" And when I did: bingo.
She let me have it with the ice pick.
I was so startled, I ran like a rabbit.
If what you say is true, you should go to the police whether you get those letters back or not.
Uh-uh.
Going to the police would cost me a cool $10,000.
Oh? How? What'd she tell you about those letters? Practically nothing.
Well, as long as I hold the aces, I'll level with you.
( coughs ) You've heard of Harriman Baylor? The senator? That's right.
Well, it seems that this Fern Driscoll and the senator's son were engaged in a romance.
About ten days ago, they broke up, due to the old man's opposition, I hear.
Gossip has it that she was gonna start a paternity suit, naming Johnny as the defendant.
Anyhow, she came out here, bringing along a batch of torrid letters that the boy had written her.
And which he now wants back? Well, I don't know about the boy, but the senator sure does.
There's no telling what the boy put in those letters.
The senator's got a tough election ahead of him.
( coughs ) You know, your wife was right.
Huh? You should see a doctor.
That type of wound can be dangerous.
The doctor would have to file a report with the police.
Not if I call my doctor.
He'd report only to me.
How's that? He'd just be appraising the injury in order to assess damages, as for a civil suit.
I wouldn't have to tell him what happened? You wouldn't have to tell him a thing.
Let me think about it.
It's now five minutes of 10.
You'll have half an hour in order to make up your mind.
I'll be in the coffee shop when you decide.
( light jazz theme playing ) I think I have time for some apple pie.
TRAGG: Allow me.
Are you, uh-? You can go ahead, I'll be right up.
Thank you.
I, uh, spotted you from the lobby.
Well, nice of you to stop and pay your respects.
Oh, I had an ulterior motive.
Do you mind if I, uh, ask what you're doing here? Well, I might ask you the same question.
Yeah, might.
And we both might have the same answer.
Man named Carl Davis? Room 505? Right? Well, he's part of the answer.
We had a report he's, uh, been stabbed.
Oh, lieutenant, I think you'll find this is a purely civil matter, one involving a possible damage suit.
A civil matter? Let's go check.
That is, if you don't mind.
Right down the hall, lieutenant.
Imagine my surprise when I found you alone at that counter.
Why? Well, usually when I find you in a strange restaurant, it's because I'm attracted by Della's pretty face.
( both chuckle ) I was just coming for you, lieutenant.
What's up? ( sobbing ) ( dramatic theme playing ) Well, I sent Faulkner to Marshall City to check on Mildred Crest.
Who did you assign to dig into Carl Davis' past? Burroughs.
He says that Davis worked with a guy named Fred Ernshaw.
That Ernshaw did most of the legwork for the team, and Davis took the bows.
Well, follow up on that.
I'd also like to know more about Fern Driscoll, particularly her relationship with Johnny Baylor.
Did you know that his old man was in town? Senator Baylor? Yeah, flew in yesterday.
Staying at the Claymore Apartment Hotel.
Here's a picture of him as he arrived at the airport.
According to the story, he broke off his campaign due to an attack of bursitis.
MASON: Did you talk with him? He isn't taking any calls.
That's unusual for a politician.
All right, Paul.
All I can say is: keep digging.
Della.
Mm-hm? Call Mildred Crest.
Tell her if the police come, she's to refuse to make any statement except in the presence of her attorney.
What are you going to do? Pay my respects to the senator.
( door opens ) ( suspenseful theme playing ) ( suspenseful theme swells ) ( inaudible dialogue ) ( knocking on door ) Who the devil are you? My name is Perry Mason.
The lawyer? Yes.
Well, I can't see you now.
I can't see anybody.
Including Carl Davis? What do you know about Davis? One very important thing: He's dead.
Dead? Are you sure? Positive.
He was stabbed to death.
Well, that's incredible.
Why, senator? Well, he- He didn't seem to have a care in the world when I talked to him.
It was just last night.
You talked to him about Fern Driscoll and your son's letters? How do you happen to know so much about my affairs? That's something I can't tell you.
In that case, we'd better terminate this interview right now.
All right, senator, but you'll be the loser.
I'm not running for reelection.
Mr.
Mason.
What is it you want? I wanna know just how you were concerned with Carl Davis.
Well, uh he was investigating an automobile accident in which Miss Driscoll was involved.
On checking back, he discovered that, uh, she was friendly with my son.
He got in touch with me.
Well, I told him if he discovered the whereabouts of Miss Driscoll, that, uh, I'd be interested.
When did you next see Davis? Well, two days later.
He called me long-distance to say he'd located Miss Driscoll.
That's why I flew out here.
And what, exactly, was Davis to do for you? Well, he was to obtain my son's letters to Miss Driscoll.
Why were you so anxious to get them? Well, I'll give you a sample.
Don't ask me where I got it.
"My darling Fern, I can't apologize enough "for the way my father is behaving.
"Now he wants me to go to Alaska.
"He claims it's business, but I know better.
"He says you're not good enough for me.
"And this from a man who poses as a friend of the people.
"If the voters knew him the way I do, "they'd ride him out on a rail.
He'll break anyone who stands in his way.
" Huh! This isn't exactly the kind of material you want the opposition to get ahold of.
Particularly if it's true.
What makes you think-? Well, there were eight more letters.
Davis said he could get 'em for me.
How much were you to pay him? His customary fee, and $100 a day.
He mentioned a $10,000 fee to me.
Are you suggesting that I was being blackmailed? I had that in mind.
How could I reach your son? Suppose you leave my son outta this.
If I did, I wouldn't be serving the best interests of my client.
So that's it.
You're representing that scheming blond, Fern Driscoll.
Oh, you're wrong, senator.
I represent a young lady by the name of Mildred Crest.
Well, that's the girl Davis told me was killed in the accident.
He was wrong also.
So the dead girl is Fern Driscoll.
( telephone rings ) Oh, excuse me.
Yeah? From where? Well, all right.
Send him up.
Hmph.
That's the police.
It might be better if I left.
Well, just tell me this: Does this other girl have my son's letters? I don't know.
This whole thing could be so very embarrassing.
Mason, I'll give you $10,000 to represent me.
I've already accepted a fee from Miss Crest.
How much did she give you? Thirty-eight cents.
( knock on door ) Morning, beautiful.
Good morning, Paul.
Where's, uh-? Where's Perry? Oh, he should be back in a moment.
Say, any clue as to what Laura Richards was doing in the senator's hotel? I don't know, but I know who she was talking to: Davis' partner, Fred Ernshaw.
Did you talk to Ernshaw? Yeah.
He wouldn't even give me the right time.
Maybe Mrs.
Davis could help you.
Uh, maybe.
But the police know- Afraid the police know a lot of things, Paul.
They know my client's real name is Mildred Crest.
They just booked her for first-degree murder.
( ominous theme playing ) ( dramatic theme playing ) BURGER: And the prosecution expects to prove that Mildred Crest killed the decedent, Carl Davis, to escape the consequences of other crimes she had committed.
These included embezzling funds from her employer, the deliberate wrecking of her car in order to- Just a moment, counselor.
Has the defendant been charged with these other crimes? All but one, Your Honor.
She has so far not been charged with the murder of Fern Driscoll, whose identity she assumed after the fatal car wreck.
You'll bear in mind, Mr.
Prosecutor, that the law is particularly zealous to guard the rights of a defendant.
That evidence of other crimes is not admissible except for the purpose of showing a pattern in the case of similar crimes.
Or for proving motivation when that becomes necessary.
Or where it is part of the res gestae.
I know the rule, Your Honor, and I intend to stay within the letter.
Does the defense wish to make any statement? No statement at this time, Your Honor.
TRAGG: Whereupon I contacted the sheriff at Bishop Falls, and he turned it over to me.
He found it about 100 yards from the crash.
Were you able to establish the ownership of the gun? Yes, sir.
It was registered to Theodore Duncan of Des Moines, Iowa.
It was stolen from Mr.
Duncan last year.
Consequently, the registration of this gun has no bearing on the case? That is correct.
Now, lieutenant, I show you this ice pick, tagged as having been taken from the decedent's room on the night of his death.
I ask if this is the ice pick you removed from his dresser? Yes, sir.
It has my mark on it.
If it please the court, I should like this ice pick entered in evidence, provided the defense has no objection.
No objection.
The ice pick will be received.
Then Carl- Uh, Mr.
Davis, told me to wait downstairs while he went upstairs to have a talk with her.
By "her" you refer to the defendant, Mildred Crest? That's right.
Only at the time, we thought her name was Fern Driscoll.
Go ahead, Mr.
Ernshaw.
I waited outside the apartment building for about ten minutes, and then Carl came down.
He was holding himself l- like this: He had an ice pick in his hand.
Cross-examine.
Mr.
Ernshaw, when you discovered Mr.
Davis was wounded, what did you do? Well, I wanted to drive him to see a doctor, but he didn't like that idea.
So I drove to a drugstore and picked up some bandages, and fixed him myself.
I learned a little about first aid in the Army.
And you drove to his hotel? That's right.
I see.
Now, Mr.
Ernshaw, I believe you testified earlier that, uh, you and the deceased were partners.
Yes.
Equal partners? Practically.
Mr.
Davis' income was almost three times yours.
Well, heh, he had the connections.
MASON: Isn't it true that you did most of the work? Yes.
You recognize this? Yes.
Would you please tell the court what it is? It's a form letter I sent to all our accounts, stating that I was thinking of leaving Davis and setting up my own outfit.
Thank you, Mr.
Ernshaw.
That'll be all.
Miss Richards, have you ever seen this before? Yes, I bought it about six months ago.
Did the defendant know there was an ice pick in the apartment? Yes, she asked me if we had one the day she moved in.
Thank you, Miss Richards.
Your witness.
Miss Richards, you testified earlier that you were not present at your apartment when Mildred Crest was arrested.
That's right.
Where were you? I was out with a fella.
Has this fellow a name? Fred Ernshaw.
Where did Mr.
Ernshaw take you? To the Claymore Hotel Apartments.
Your Honor, I don't see what the social life of the witness has to do with the death of Carl Davis.
Mr.
Mason? I intend to provide a link, Your Honor.
You may proceed.
Thank you.
Why did Ernshaw take you to the Claymore, Miss Richards? He took me to see a- A man who was very much interested in Fern Driscoll.
You mean Mildred Crest, don't you? Yes, but he didn't know that then.
And you were going to sell him certain information? Yes.
Did he buy? We couldn't get through to him.
What's the name of this man you couldn't get through to, Miss Richards? Senator Harriman Baylor.
( all murmuring ) No further questions.
You may step down, Miss Richards.
Your Honor, I had sincerely hoped that it would not be necessary to involve a prominent statesman in an affair such as this.
I now find that I am forced to call to the stand Senator Harriman Baylor.
CLERK: Senator Harriman Baylor to the stand, please.
Raise your right hand.
If it please the court, Senator Baylor is suffering from a bursitis.
I'll be necessary for him to raise his left hand.
Very well, hold up your left hand and be sworn.
Do you solemnly swear to tell the truth and nothing but the truth? I do.
State your name.
Harriman Baylor.
Be seated, please.
And you had no contact at any time with either Fred Ernshaw or Laura Richards? No, sir.
What was your relationship with Carl Davis? I had employed him to find Fern Driscoll.
Could you tell this court, senator, why you wanted to find her? Well, the reason for that, counselor, is extremely personal.
Could this extremely personal reason have anything whatever to do with the death of Carl Davis? You have my word it does not.
Thank you, sir.
Your Honor, the prosecution is completely satisfied that Senator Baylor has no knowledge whatever of any facts concerning this case, other than certain private matters connected with the background of Fern Driscoll.
I hope that the defense will not find it necessary to invade this area of privacy.
Are you turning the witness over for cross-examination? I am, Your Honor.
I will respect the prosecution's somewhat unusual plea for privacy at this time, but I do ask that I be permitted to recall this witness if need be.
I have no objections, Your Honor.
You may stand down, senator.
Call your next witness, Mr.
Burger.
I call Mrs.
Carl Davis to the stand, please.
( voice breaking ): After Mr.
Mason left, Carl said he was having a chill, and he told me to get him another whiskey.
I thought it was part of the act he'd been putting on.
Not your thoughts, please, Mrs.
Davis.
Just what happened.
When I wouldn't get him the whiskey, he started to get out of his chair.
And then he groaned and fell back.
I ran over to him, and he said Did your husband know he was dying at this time? Yes he did.
If the court please, I believe this is a dying declaration within the meaning of the law, and that the witness is entitled to relate what her husband said.
Any objection from the defense? No objection.
All right, Mr.
Burger.
Now, Mrs.
Davis, tell us what your husband said, please.
Well, when he started gasping, I said, "Carl, what's wrong?" Did he answer you immediately? He couldn't.
He was in too much pain.
And then it seemed to ease up a little, and he told me he felt he was going to die.
I know this is very difficult for you, Mrs.
Davis, but, please, try to tell us what your husband said.
He said, in a way, it- It was his own fault.
He was trying to get some letters from a girl named Fern Driscoll.
And when he went into her apartment, she stabbed him with an ice pick.
It was dark, but he saw her face in the light from the hallway.
Did he say anything else? No just closed his eyes.
That's when I called the police.
Thank you, Mrs.
Davis.
Cross-examine, counselor.
Your Honor, a long-distance call is being held for me.
It may have an important bearing on this case.
I would like to request a 30-minute recess so I might take the call.
I'll do better than that, counselor.
Since it's already late afternoon, court'll be adjourned until 10:00 tomorrow.
Uh, I stand corrected.
Ten o'clock Monday morning.
CLERK: Court is adjourned.
Operator, I don't care if it costs $500.
Keep the connection open.
( sighs ) ( sighs ) Where'd you find him? Just where you figured: Alaska.
His old man owns the Baylor Lumber Company of Fairbanks.
Did you tell him what happened to Fern Driscoll? I just did.
This is Perry Mason, Mr.
Baylor.
All I wanna know is: Who killed Fern? I assure you, it was an accident.
That tells me nothing, Mr.
Mason.
Are you aware that your father virtually chased her out of town? I don't believe it.
Unfortunately, it's true.
And I suspect it's the real reason he sent you to Alaska.
But why? He was afraid she'd name you in a paternity suit.
That's a rotten lie.
Look, would it help any if I flew down to Los Angeles? It certainly would.
All right, then.
I think Coastal has a flight leaving within an hour.
I'll have Mr.
Drake meet you at the airport.
Paul, when young Baylor arrives, I'd like the two of you to cover all the hospitals within, oh, let us say, a 20-mile radius of Marshall City.
Would you mind telling me what we're looking for? A young girl about 28, who, on the night of November 8th, suffered a loss of memory.
( suspenseful theme playing ) JOHNNY: Well, doctor? It's possible.
'Course, you've got to remember, this snapshot was taken, oh, almost two years ago.
Miss Merrill, I'd like to see the patient in 314.
When did you say this lady disappeared? Sometime on the evening of November 8th.
Well, this patient was discovered on November 10th.
She had been savagely beaten on the head with a blunt instrument.
Were there any identifying marks on the clothes? Absolutely none at all.
I know the police queried- ( knock on door ) Yes? Fern.
Fern, darling.
Well, Fern, don't you? Don't you remember me? John? Could I use your phone, doctor? Certainly.
Johnny.
( sighs ) Oh.
If it please the court, I should like to explain- The court has seen the morning papers, Mr.
Burger.
Yes, Your Honor, but the fact that Fern Driscoll is alive in no essential way alters the state's case.
Perhaps not, Mr.
Burger, but the court is naturally curious as to the identity of the unknown woman whose burned body was found in the defendant's car.
Well- If the court please, I believe I can shed some additional light on this woman.
Very well, Mr.
Mason.
The records at the women's reformatory at Tehachapi indicate one Brenda Scobie, convicted of armed robbery and expecting a baby, escaped on the day of Mildred Crest's accident, using a.
25 caliber automatic to intimidate a guard.
Have you been able to discover how this Brenda Scobie gained possession of Miss Driscoll's car and her belongings? Well, it would seem reasonable, Your Honor, that Miss Driscoll stopped her car in order to give the escaped prisoner a lift.
That was her undoing.
You mean this Brenda Scobie assaulted her and took possession of the car? Exactly.
Shortly thereafter, the car burned out a bearing.
That's when Miss Scobie met my client at Perkins' Gas Station, and asked her for a ride.
Well, that may very well be, Your Honor, but the defendant here is on trial for the murder of Carl Davis.
Mr.
Mason's theory, while enlightening, doesn't alter that basic fact at all.
You're quite right.
I suggest we proceed, gentlemen.
Mr.
Mason, you were about to cross-examine Mrs.
Carl Davis.
I would like to defer that for the moment, Your Honor, and recall Senator Baylor.
( all murmuring ) CLERK: Senator Harriman Baylor to the stand, please.
Your Honor, I request that this witness be sworn.
Your Honor.
If Mr.
Mason will reflect a minute, I'm sure he'll remember the witness was sworn on Friday.
I remember that the witness raised his left hand when the oath was administered.
I explained that, counselor.
The senator has bursitis.
Just a moment.
Your Honor, I object to the district attorney giving testimony in this case.
Under the law, Your Honor, the witness is required to raise his right hand.
Unless incapacitated.
You're unable to raise your right hand, senator, because of an attack of bursitis in your right shoulder? Or are you unable to raise it because of a wound from an ice pick? A wound from an ice pick? That's right.
Mr.
Mason, this is a very grave accusation.
I realize that, Your Honor.
And with all due respect, I would suggest that the court appoint a physician to examine the senator's right shoulder.
That won't be necessary.
Mr.
Mason is correct.
I have a severe infection due to a wound from an ice pick.
( chattering ) JUDGE: Order.
Order! I don't want to be forced to clear the courtroom.
I don't understand this, senator.
Well, I was the one who went to Miss Driscoll's apartment, or what I thought was Fern Driscoll's apartment.
I went there to get my son's letters.
I rang the doorbell.
There was no answer.
When I found that the door was unlocked, well, I went in.
And Mildred Crest surprised you? I thought no one was home.
I didn't know then that the doorbell didn't operate.
When she called out from the bedroom, you snapped off the lights? Yes.
We struggled in the darkness for a moment, and I felt something sharp pierce my shoulder.
And I ran out.
On the street, I encountered Fred Ernshaw and Carl Davis, who were on their way up to see the defendant.
Davis helped me remove the ice pick, and he agreed to say that he was the one who had been wounded.
Why? He hoped, in that way, to force the return of the letters.
And what was your part, senator? Well, I I was to say I never left the hotel.
I'm sorry, Your Honor.
I I deserve whatever punishment the law metes out.
If this is all true who inflicted the fatal wound on Carl Davis? Only one person could have done that, Your Honor.
We know now that Carl Davis had no wound and that he faked one only to carry out the plot.
Yet, when the police arrived, Carl Davis was dead from a wound caused by an ice pick.
( all murmuring ) ( dramatic theme playing ) ( indistinct speech ) I don't care.
( sobbing ): He had it coming to him.
He was gonna leave me.
Leave me.
He was gonna leave me ( upbeat theme playing ) Ah, somebody wiring me birthday greetings? No, but it's very good news from Senator Baylor.
All right.
Read it.
"Fern doing beautifully.
"Hope she remembers everything "except my bad behavior.
With profound respect, Senator Baylor.
" Huh.
There's one thing that puzzles me: How you figured out that business about Senator Baylor and the ice pick.
Well, actually I have the answer right here.
Remember the picture you showed me of Baylor arriving at the airport? PAUL: Yeah.
You told me he discontinued his campaign because of? Bursitis.
Which hand is he waving? The right hand.
Which means the bursitis was in the left shoulder.
Which hand did he raise in court? The left- Bye, folks.
( playful theme playing ) ( noirish jazz theme playing )