Perry Mason (1957) s02e16 Episode Script
The Case of the Fraudulent Foto
( noirish jazz theme playing ) Waring House Hotel.
Hold on, please.
Waring House Hotel.
Room 112? Yes, I'll connect you.
Yes? Just a moment, please.
Yes, may I help you? Room service? Just a moment, please.
Leora Mathews? And you're Brander Harris.
Just so I'm not making a mistake, Miss Mathews, youarethe county auditor's secretary.
And you're district attorney of Waring County.
Where do we go from there? Well, on the phone, you told me you had some information on the Northport Hospital graft.
What's in it for me? Well, I have no money to pay you.
It's a matter of civic duty.
( laughs ) Civic duty, my eye.
You could make a career out of this.
I could make enemies.
It will cost you $500.
Well, I'll have to pay you out of my own pocket.
As long as it's negotiable.
First I want to see this evidence.
Will you excuse me for a moment? Oh, yes.
Yes, of course.
Make yourself comfortable.
Oh, thank you.
I don't see any names mentioned here, Miss Mathews.
Not even Jimmy Castleton.
I thought-- Try the miscellaneous envelope.
I'm sure it's in there somewhere.
Well, I I still don't see-- ( camera shutter clicks ) ( suspenseful theme playing ) MAN: Mm-hm.
( chuckles ) Yeah, I'm lookin' at him right now.
That Walker's a real pro with a camera.
Of course, he had wonderful material to work with.
I never realized you were so photogenic.
Well, it's your own fault, Marshall.
Maybe you need glasses.
( chuckles ) They didn't seem to help Harris much.
Did he mention any names to you? Only Jimmy Castleton.
He didn't mention yours.
Maybe he didn't have time.
Oh, when am I going to see you, honey? I don't know.
I think I'd better drop out of sight for a while.
Harris may be gunning for me.
But don't you worry.
I'll keep in touch.
Yeah.
Who was that, Marshall? Haven't you got anything better to do than to eavesdrop? I'm sorry.
Ready, Mother? Yes, darling.
Does that fancy school of yours keep bankers' hours? Stop picking on Helen.
She was up late studying.
I'm driving her to school.
Oh, Mother.
Don't bother to explain it tohim.
I'd handle her a lot differently if she were mydaughter.
Well, thank goodness I'm not.
Come on, Helen.
( chuckles ) ( slow classical music playing ) ( indistinct conversation ) Imagine my surprise, Harris, when I got this by special messenger.
That's why I asked you to lunch.
Who sent it to you? I haven't the slightest idea.
Perhaps somebody figures I'm keeper of the public morals.
How about a cocktail? No, thanks.
I understand you're making an investigation of the Northport Hospital project.
That's right, for the Waring County Grand Jury.
You know, I'm tremendously flattered, Mr.
Blake.
You're a very busy man-- Behind-the-scenes power in politics and industry in the state, principle stockholder in the Century Newspaper Alliance.
And here you come to me.
I think I know why.
Why, Mr.
Harris? I'm getting uncomfortably close to the man you're grooming to step into your shoes.
Jimmy Castleton, political editor of the Waring Sun Ledger.
I don't deny that I've had an eye on Jimmy Castleton.
I'm proud to have him working for me.
He makes most other men his age look like Lilliputians.
You sound as though he were your son.
I can't say that hasn't occurred to me.
What connection are you trying to make between Jimmy and the hospital project? I think he engineered the graft.
What about this picture? It's a fake.
It doesn't look like a fake.
Appearances can be so deceiving, Mr.
Harris.
Where are you sending it? To Jimmy Castleton.
Despite what you think, his paper has been behind you I think they have the right to this picture.
What do you want, Mr.
Blake? Now you've hit the nail on the head, Mr.
Harris.
I'm interested in Jimmy Castleton.
I don't want him injured.
What if he's guilty? He isn't.
Take my word for it.
But he can be hurt by your accusations just as you can be hurt by this picture.
No, I'm sorry.
I'm not going to whitewash him.
I've got to do my job.
Take this to Mr.
Castleton right away.
Will you excuse me, Mr.
Blake? Brander.
Brander Harris.
Mason.
You're just the man I want to see.
My secretary, Miss Street.
Oh, how do you do? I've heard so many nice things about you, Mr.
Harris.
Thank you.
Perry, I've got to talk to you.
How about my office in an hour? I'll be there.
What have you got against Jimmy Castleton? That's just it.
Nothing but suspicions up to now.
But apparently, that young man knows how to anticipate trouble.
He must have arranged this-- This blackmail with Leora Mathews.
Who is she? Works for the Waring County auditor.
I thought I could get some proof on where the padding was on this hospital construction.
You understand what publication of this photograph can do to your personal and political life? Oh, it's just a smear tactic.
Smear tactics can be very effective at times, especially against young, career-minded district attorneys.
Yes, and they can boomerang, too.
Perry, I just haven't got time to get involved in this mess right now.
The grand jury meets on Monday, and I've got to finish my investigation before then.
What do you want me to do? Take this thing off my back.
Represent me.
All right.
I'll do my best.
Thanks.
Oh, uh, I'll send you a retainer.
Five hundred all right? Oh, sure.
Della, get ahold of Paul, then call Waring City and see if this Leora Mathews is still at that same hotel.
Waring House Hotel.
I'm sorry, the line is still busy.
Hi, honey.
I'm Paul Drake.
We're, uh, checking out room 201.
Would you like to help us? Sure, why not? What do you have to do to that switchboard to make it look like 201 is out of order? Oh, that's easy.
I just ignore the signal.
The line stays dead.
Fine.
I'll be sitting right over here.
Waring House Hotel.
Hold on, please.
Miss Mathews? Yes.
My name is Perry Mason.
Well, I'm busy.
What do you want? I'd like to discuss this photograph with you.
What is this, a badger game? Are you trying to tell me that you and Brander Harris know each other? What does the photograph look like, mister? Who are you, anyway? I'm an attorney representing Mr.
Harris.
Representing him? Against who? You and whoever employed you.
Why that dirty double-crosser! Would you care to tell meyourside of it? I'll tell it to the newspapers.
I'll tell it in court.
If I were in any kind of game against him, do you think I'd use my own room? Check around.
There's a dozen places we've been together.
You know, your reputation will be in shreds.
It must have been quite some inducement to make you do this.
What was it, Miss Mathews, Money, love Or both? Operator.
Operator! ( sighs ) ( suspenseful theme playing ) I'm in 201.
What's wrong with my phone? Oh, uh, we've been having a little trouble.
The repairman is due any time.
Waring House Hotel.
Room 112? Yes, I'll connect you.
One moment, please.
Waring House Hotel.
Go ahead, please.
Well, I got D.
A.
That would be the Dakota exchange Six, seven, oh, blank, blank.
Bad luck, Paul.
Maybe it will ring a bell with Brander Harris.
Anyway, I put a man on it.
He's going to check the business office of the phone company.
All right.
Where are you going, Perry? About three quarters of an hour drive.
Waring City.
( suspenseful music playing ) ( indistinct conversation ) Yes, sir.
Can I help you? I'm looking for Mr.
Castleton.
He's right back there.
Thank you.
( phone ringing loudly ) The first I saw of this picture was when Mr.
Blake's messenger arrived with it.
Harris says it's a frame to get him to call off his hospital probe.
Well, that makes sense.
Knowing Brander Harris, he's the idealist.
Always tilting at windmills.
Who does he think engineered it? You.
Me? Why? He apparently found some link between you and the hospital graft.
Well, that's impossible.
He couldn't have.
Then you have no demands to make on Harris, no trades, no barter for indemnities? Oh, of course not.
Then you'll hold up publication on this photograph? Well, I don't know.
Despite the fact that Harris seems to be out aftermyscalp, I'm not out afterhis.
I'm going to try to find the truth.
I would like to speak to him face to face.
I'll, um, relay your message.
Good day, Mr.
Castleton.
Mr.
Mason.
Get me Dakota 6-7054.
Dakota 6-70, blank, blank.
Unfortunately, Paul didn't catch those missing numbers.
Leora Mathews made the phone call.
I'm sorry, Perry.
I have no idea whose number it could be.
All right, Brander.
We're going ahead.
Castleton said he wanted to speak to you face to face.
That's on my agenda when the time comes.
So long, Perry.
I'll keep in touch.
Good.
Dakota 6-7054.
MASON: "Offer of proof that some of defendants "acted on advice of counsel was objectionable "where offer did not state "that defendants had made a full disclosure to counsel.
"US code annotated, section 454.
US against Thomas, DC Washington, 1943.
" ( ringing ) Hello? Yes, Paul? Wait a minute.
Dakota 6-7054.
What's the name? Got it.
Thank you, Paul.
See you in the morning.
Well, now we know who Leora Mathews was trying to reach.
Who? A gentleman by the name of Marshall Scott.
I don't think it's too late to go calling.
( suspenseful theme playing ) ( doorbell rings ) Get the door.
Oh, good evening, counselor.
Well, lieutenant, I didn't see your car outside.
I came over in a prowl car.
Uh, what brings you here? I wanted to have a little talk with Marshall Scott.
Murder? That's right.
What was the little, uh, talk about? That's, um, confidential, lieutenant.
That bookend the murder weapon? That's, um, confidential, counselor.
( mysterious theme playing ) This puts me in a very curious situation, Perry.
After all, Brander Harris is the district attorney too.
Did you check his background? Of course I did.
He's the youngest district attorney ever elected in Waring County.
He's got a brilliant record.
But what can I do? He killed Marshall Scott in this county, and I've got to prosecute.
He didn't kill him.
Don't bet on it.
Harris' fingerprints on the murder weapon.
Nice and big and fat and clear.
How'd you find out about the murder? Phone tip.
Man or woman? Couldn't tell.
The voice was obviously disguised.
What else have you got on Harris? Just take my word for it.
There's lots more.
Thoroughly damning.
Look, I've known Brander Harris for several years.
He's a dedicated man.
Well, that doesn't alter the fact that he killed Marshall Scott.
I'll tell you one thing.
Marshall Scott was implicated in the Northport Hospital graft, and so is your friend Brander Harris.
In what way? That's all I'm gonna tell you.
Now, you take my advice.
Tell Harris to give himself up.
I don't know where he is.
Perry, I've got enough problems of my own without you adding any.
The newspapers are gonna have a field day with this thing.
"District attorney charged with murder.
" Can't you just see it? Kind of smirches the name of "district attorney", doesn't it? Yes, it does! Embarrasses me.
Puts me in a position of having to pull your chestnuts out of the fire.
( mysterious theme playing ) And then I drove my daughter to a friend's house.
She was going to spend the weekend there.
Julie Stewart's house.
the Blackmore-Stewarts.
The investment banker.
You know.
Miss Scott.
MissPreston.
My mother's husband was not my father.
Thank goodness.
Helen.
Mrs.
Scott, what was your husband's connection with the Northport General Hospital building fund? He was chairman of the bids committee.
I understand there's some evidence linking his death to the graft.
Well, tell him, mother.
Tell him how big-hearted you gave away $50,000.
And for what? I turned the money over to Mr.
Burger, the district attorney.
I found it in a hatbox in Marshall's closet.
Did your husband tell you with whom he was dealing? No But he may have mentioned the inspector's name, though.
I heard him talking on the telephone once.
Do you remember the name he mentioned? It was an odd one, likeLeclaire Leclerc Le-- I'm sorry.
I see.
Mr.
Mason.
You said that you represent Brander Harris.
Yes.
Then you know about the photograph of Mr.
Harris and that woman.
Yes, I do.
I feel that-- That my husband may have been responsible for that.
Lieutenant Tragg found several copies in his desk.
Thank you.
Goodbye, Mrs.
Scott.
Goodbye, Mr.
Mason.
Miss Preston.
Almost 10:00, Della.
Hungry? I can't leave the office.
What if Brander Harris calls? I'm about ready to call it a night.
Brander must have some reason for his silence, otherwise I don't quite understand why-- ( phone ringing ) Hello.
Oh, yes, Paul.
Oh? He was the inspector in the Northport Hospital job? What's the name? D-U-C-L-E-R-C.
Duclerc.
Fine, Paul.
I'll wanna see him in the morning.
Right.
All right, let's go, Della.
We can't wait all night.
But-- It's about time you called it a day.
We were waiting to hear from you.
I couldn't very well go up in the building.
The police might be around.
Then you know you're wanted for Marshall Scott's murder? Yes, the evening papers say I'm being sought.
Official language is a little stronger.
There's a felony warrant out for you.
Well, I'm sorry about that, but I didn't kill Marshall Scott.
Where are you going? Better to be driving than just staying here.
( engine starting ) Perry, the grand jury meets in three days.
After the hearing, I'll turn myself in.
They found your fingerprints in the murder room.
I was there.
I'm sorry, Perry, but when you told me that partial phone number, well, it wasn't till after you left my office that I remembered it was Marshall Scott's.
So you went to him? Yes, I figured I'd have it out with him.
I got there around 6:00.
I accused him of engineering the blackmail photo, of taking graft from the hospital deal.
What did he say? He got ugly.
He made a threatening move toward me.
I grabbed one of the glass bookends to protect myself.
It slipped out of my hand and broke on a marble-top table.
Then what? Nothing.
Breaking that bookend cooled us off, I guess.
I left.
What time? Oh, I was only there a little while, not more than 15 minutes.
What are you stopping here for? That's the police station.
You're going to turn yourself in.
But-- But I told you.
I can't afford to.
You can't afford not to.
I don't have to tell you the law.
Evading arrest, resorting to flight.
But my investigation, the grand-jury hearing.
No, the whole thing goes down the drain if this hearing is passed up on Monday.
Brander, is there anything in the Waring County charter that would prohibit you from appointing me deputy district attorney? You-- Well, no.
And as your deputy, I could conduct that hearing, couldn't I? Well, yes, you can.
You-- You could.
All right, then.
When you get in there, ask for Lieutenant Tragg.
Good luck, Perry.
You know, I don't know howIwas going to conduct that hearing.
I haven't the slightest idea howyouwill.
( engine starting ) ( suspenseful theme playing ) I understand you do hold a contractor's license.
Yes.
And that you performed for Waring County on Public Projects as an inspector.
Yes.
Uh, you've made inquiries? Naturally.
Well, what is this job you wanted to talk to me about? Mr.
Drake said that-- What is this all about? Pretty grim, isn't it? That was once the Heywood School.
Fortunately, it happened on a weekend, so no one was hurt.
They weren't so lucky there.
That was the Lake City Library.
Eight people were killed when the building collapsed.
What's this got to do with me? Well, suppose it happened to a building you'd inspected, Duclerc.
What building? The Northport General Hospital.
I don't know what you're talking about.
You know the material didn't meet specifications.
That's a lie! What about the core samples you took? Where did you get your information? Never mind.
Why is it you guys always pick on the little fellow? Because we can't get the big fellow unless the little one cooperates.
Graft couldn't exist without men like you.
That's a hot one! I didn't make 50 cents on that deal.
I didn't say you made any money on the deal, but when people are killed, as they were there, are you going to feel any better because you closed your eyes just to protect your job? You expect me to get up there and tell the truth? Yes.
You know what would happen to me if I did? The police will protect you.
Ah! Are you kidding? Harris will see to it.
From where, San Quentin? I notice he's doing pretty fine for himself.
Listen to me, Mr.
Mason.
I've got a wife and three kids.
I'm not taking any chances.
You get me up before that grand jury, I'll tell them I don't know from nothin'.
Suppose it was your wife or one of your kids.
What? Suppose you had to leave one of them at Northport Hospital.
( suspenseful theme playing ) Hello, counselor.
Mr.
Blake.
I know how busy you're going to be in there today, Mr.
Mason.
The incapacitated Mr.
Harris has come up with a formidable substitute.
Yeah, thank you.
I understand you talked to Duclerc.
Oh, how so? Oh, one hears rumors.
I presume he'll be here today? Oh, I'm a little surprised to find you taking such an interest in this rather, um, local affair, Mr.
Blake.
You know why.
Jimmy Castleton? Yes.
He assures me he's innocent.
I have big plans for him, Mason.
Will you do me a favor? If I can.
Perhaps I don't even have to ask you.
If Jimmy Castleton is guilty of graft or corruption, then let him pay for it.
But if he isn't-- You don't have to ask.
There'll be no guilt by association.
No innuendo.
But I do intend to follow through on this, Mr.
Blake, no matter who gets hurt.
That's all I ask.
Then we understand each other.
Perfectly.
Will the sergeant at arms call Mr.
Theophile Duclerc? I was told to take my core samples at certain designated places.
They checked to specifications there.
Throughout the whole hospital structure, however, I knew the specifications would not stand inspection.
Who gave you instructions as to where you were to get your core samples? Mr.
Fairbanks.
There's an item of 6 and one half tons of special steel cable.
Only one truckload of steel cable was delivered to the job, Mr.
Mason.
Their truck couldn't possibly carry 6 and a half tons.
It's a relief.
It's a relief to get it off my chest.
Thank you, Mr.
Duclerc.
I'd like to call Mr.
Eugene Milton.
Now, Mr.
Milton, you are the county auditor? Yes, sir.
What is your secretary's name? Leora Mathews.
I have here some figures broken down by the CPA firm of Wyett and King, which indicate-- I will take just this one item which Mr.
Duclerc mentioned.
Six and one half tons of steel cable.
Duclerc mentioned the steel cable? That's right.
He did.
What about it, Mr.
Milton? What about grade B concrete blocks at grade A prices and second-quality plumbing supplies at premium cost? I still can't believe that Duclerc mentioned the steel cable.
Well, he did.
If I tell you what I know, will--? Will I get some sort of protection? Then you were connected with the cover-up? Who gave you orders? The contractor, Mr.
George Fairbanks.
Who else was in the deal, Marshall Scott? I understand he was.
I didn't have anything to do with him.
Mr.
Foreman, we'll want this man's complete statement, of course.
May I suggest that we expedite this hearing and get on with our next witness? Thank you.
I'd like to call Mr.
George Fairbanks.
Now, Mr.
Fairbanks, you were the prime contractor on the Northport Hospital project? Yes.
When you submitted your bid, you were worried about it being the low bid, were you not? Well, yes.
We, uh-- We wanted the contract.
And so you went to someone to find out how you could be assured of getting it? I-- No.
No? Didn't you give instructions to Eugene Milton to falsify his books? And how about Duclerc's core samples? Am I imagining where he was told to take them from? And the $50,000 Marshall Scott's wife turned over to the district attorney? How much, in all, did you pay out, Mr.
Fairbanks? A hundred and fifty thousand dollars.
And you watered the construction to make up for it? Yes, I padded all costs.
It was the only thing I could do.
No, sir, it was not the only thing you could have done.
Now, to whom did you pay this $150,000 bribe? I gave it to Marshall Scott.
What was he supposed to have done with it? Keep $25,000 and take care of the higher-ups.
Did he ever tell you who any of these higher-ups were? He only mentioned one name.
What name, Mr.
Fairbanks? Brander Harris.
( spectators murmuring ) it's the truth, I swear.
Why would I lie? I'm in enough trouble now.
Marshall told me Harris' cut was $25,000.
( suspenseful theme playing ) I show you these broken pieces of glass bookend, doctor, marked people's exhibit A.
Now, I ask you if death could have been caused by them.
Yes, sir.
The wound on the skull fits the shape of this bookend.
And what was the time of death, doctor? Sometime between 6 and 7:30 p.
m.
Thursday, December 11th.
Thank you, sir.
That'll be all.
Cross-examine.
No questions.
we arrived at the Scott house at 8:10, went in and found Marshall Scott dead.
I see.
Lieutenant, I call your attention to this glass bookend marked people's exhibit A and ask if you had it examined.
Yes, sir.
We found the decedent's blood and the fingerprints of the defendant, Brander Harris.
MASON: I'll show you these photographs and ask if you can identify them.
Yes, sir.
I found the negative and several prints in the decedent's desk.
If it please the court, I should like these marked for identification and entered in evidence.
JUDGE: Mr.
Mason? MASON: No objection, Your Honor.
Your witness.
Lieutenant, I'm trying to recall if there weretwo glass bookends.
Yes, sir.
They, um-- They come in pairs.
Were there any prints on the unbroken one? No, no prints, Mr.
Mason.
Thank you, lieutenant.
That's all.
JUDGE: You may stand down, lieutenant.
BURGER: Miss Leora Mathews to the stand please.
Miss Mathews, would you tell the court what transpired in your hotel room on the night of December 10th? Well, Brander-- That is, Mr.
Harris and I were having a quiet time when this guy busts into the room and takes our picture.
What guy, Miss Mathews? I never saw him before.
Go on, please.
Well, they started to fight, and Brander got knocked out, and the man went away.
Would you tell the court what you and the defendant were talking about before this happened? Well, Brander was very upset.
He told me that the grand jury had got its bit between its teeth and was running away.
They wanted him to investigate the Northport Hospital business.
So I asked him what he was going to do about it.
And what was his response to that? Well, he said, "Every man for himself.
" He was going to put the spurs to Marshall Scott.
Did he mention any other names? No, sir, he just said that the only one that could cut his throat was Mr.
Scott.
Thank you, Miss Mathews.
Cross-examine.
Miss Mathews, did you know Marshall Scott? No, I never met him.
Now, on the day of the murder, do you recall my visit to your hotel room? Yes.
Just after I left, you tried to make a telephone call, did you not? Phone call? MASON: Not being able to reach the hotel operator, you went downstairs to the lobby and used the pay phone? Well, yes.
What number did you dial, Miss Mathews? I don't remember.
Could the number have been Dakota 6-7054? It could have been, yes.
That's Marshall Scott's home telephone number.
Now, you did know him, did you not? Well, I didn't admit it because, well, you might misunderstand our relationship.
And you have know him for a long time, haven't you? Just a couple of years.
Wasn't it because of your love and affection for Marshall Scott that you conspired with him to entrap Brander Harris? I didn't conspire with anybody for anything.
Then it was just pure coincidence that the pictures taken of you and Brander Harris were delivered to Marshall Scott? Thank you, Miss Mathews.
BURGER: Now, Mrs.
Scott, did your husband make any phone calls from your home during the day of December 11th? MRS.
SCOTT: Yes, he did.
He made two of them.
The first one was made about 9:30 in the morning.
BURGER: Do you know to whom your husband was talking at that time? No, I don't.
But you did hear what Mr.
Scott said.
He said something to the effect that he might have to drop out of sight for a while because Mr.
Harris would be gunning for him.
I see.
Now, Mrs.
Scott, what time did you return home that evening? About 10 after 9.
Marshall was dead.
I left later on to go to your office.
Why did you do that? To tell you about the $50,000 I found in Marshall's hatbox.
Of course.
Thank you, Mrs.
Scott.
Cross-examine.
Now, Mrs.
Scott, you testified that your husband made twophone calls that day.
What time was the second call made? At exactly 4:25.
Would you happen to know whom he was calling? I heard him ask for Mr.
James Castleton.
You said the call was made to Mr.
Castleton at exactly 4:25.
MRS.
SCOTT: Yes.
What makes you so positive about the time? Because I left the house five minutes later, 4:30, to pick up my daughter at college.
MASON: And you brought her home? MRS.
SCOTT: No, I drove her to a friend's house, Julie Stewart's, and then I returned home alone.
And when did you arrive? At about 10 after 9.
Now, in checking, we find that you left the Stewart home at 8:30.
They live only 20 minutes from the campus.
What took you so long? We were delayed.
We had a flat tire.
Did you go to a garage? No, it was way out on Valley Boulevard.
A gentleman stopped and was kind enough to change it for us.
Did you get the name of the gentleman? No.
What kind of a car was he driving? A blue one.
What make? I don't know! I don't know! Mr.
Mason, I lied about the flat tire.
Mother, don't! JUDGE: Order.
Order in the courtroom.
Now, I'll tolerate no more outbursts.
Proceed, Mr.
Mason.
Your Honor.
Now, I want the truth, Mrs.
Scott.
What time did you really arrive home? At a quarter to 8.
My husband was dead.
And being frightened, you decided to phone the police anonymously and drive Helen to her friend's house? Yes, that's right.
Now, we've heard evidence that your husband died between 6 and 7:30.
And you say you arrived at a quarter to 8.
Then that proves that I didn't kill my husband, if that's what you mean.
But can you prove that you arrived at a quarter to 8:00? Yes.
I didn't dare mention this to the police before, but when I turned our corner, I almost hit a car that was going in the opposite direction.
Driven by the same gentleman who fixed your flat tire? I tell you, I'm speaking the truth now.
It was a white convertible.
I just barely scraped his fender.
Did the driver stop the car? No, but if you look at my fender, you can see traces of white paint.
Unfortunately, Mrs.
Scott, that won't tell us when it happened.
Now, you testified that you lied about the time of your arrival because you were afraid.
Yes.
What were you afraid of? People knew that Marshall and I didn't get along too well.
Is that the only reason? Yes, that's right.
We have, in the course of our investigation, uncovered $150,000 bribe.
You turned in 50,000 of it to Mr.
Burger.
How muchdidn'tyou turn in? Did you hold out a share, Mrs.
Scott? No, I turned in every penny I found! Then what happened to that other $100,000? Your Honor, I protest.
Mrs.
Scott is not on trial here.
If counselor will consent to my calling my next witness, I believe we can clear up the whereabouts of the missing money.
Mr.
Mason, have you finished your examination of the witness? No, your honor, but I will defer if I'm allowed the privilege of recalling her later.
Granted.
Call your witness, Mr.
Burger.
I call Mr.
James Castleton.
JUDGE: You may step down, Mrs.
Scott.
Raise your right hand.
Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth? CASTLETON: I do.
State your name.
James Castleton.
Be seated, please.
And now, about these photographs, Mr.
Castleton.
Could you tell us who sent them to you? Yes.
Marshall Scott sent them after a phone call to me.
Did you have a conversation with the defendant about that phone call? CASTLETON: Yes.
I believe that if I question you about that conversation, that Mr.
Mason will object.
Therefore, I can only question you about the duration of the conversation.
On the contrary, Your Honor.
Mr.
Mason has no objection whatever.
The witness can testify to the entire conversation if he wishes.
That would be hearsay, Mr.
Mason.
The defense considers it part of theres gestae.
If it isn't brought out on direct, we'll ask for the conversation on cross.
JUDGE: Very well.
Continue, Mr.
Burger.
All right, Mr.
Castleton.
Tell us about the conversation.
I asked the defendant to confirm or deny certain statements by Marshall Scott that he had paid Harris $25,000 to keep his nose out of the hospital investigation.
What did Mr.
Harris say to that? He said he considered my question insulting.
Did you tell him about any other statements by Mr.
Scott? Yes, I told him that Scott said he knew Harris had the goods on him, but that he'd bring Harris down with him when he fell.
And what was Mr.
Harris' reaction to that? He hung up on me.
I see.
Thank you, Mr.
Castleton.
Cross-examine.
Mr.
Castleton, do you recall my visit to your office to discuss those photographs? Yes, I do.
Do you recall saying the first time you saw the photographs was when Mr.
Blake's messenger arrived with them? Yes, while I'd spoken to Marshall Scott about the photographs, I hadn't actually seen them until Mr.
Blake's messenger arrived.
Now, where did Mr.
Blake say he got the photographs? What? Mr.
Blake had the photographs at Marchands.
He must have assured you that his source was reliable.
Where'd he get them? I, uh, I guess I've confused my chronology.
Actually, uh, I remember Mr.
Scott mentioned that he had sent copies to Mr.
Blake and myself at the same time.
I suggest that we unravel the confusion by admitting that Mr.
Scott didn't send Mr.
Blake a copy at all.
You were the one who gave it to him.
Yes, I guess I did.
I-- I always take Mr.
Blake into my confidence.
Thank you.
Now, at any time, did you act as a go-between for the purpose of insuring that Fairbanks got that hospital contract? Certainly not.
Did you arrange for Marshall Scott to receive $25,000? You're a little confused, Mr.
Mason.
I believe Mrs.
Scott testified that she had found $50,000 in their home.
But you testified on direct examination that Scott told you he was to pay the defendant $25,000 as a bribe.
Yes.
Yet when you spoke to the defendant, didn't he deny that? No.
He did say he considered the question insulting.
Yes.
So wouldn't you say there was a strong possibility that the deceased lied and withheld the $25,000 he claimed was Harris' cut? I object, Your Honor.
That calls for a conclusion not based on the facts.
JUDGE: Sustained.
Now, isn't it a fact that when the grand jury started to investigate the hospital, you got in touch with Scott and demanded he stop Harris? Absolutely not.
Would you describe your activities on the night of the murder? ( sighs ) Well, there's very little to describe.
I went to work at 4:00 and remained in the office till a little after 11:30.
And I suppose the members of the Sun Ledger staff can vouch for that? They certainly can.
Your Honor, I would like to interrupt my cross-examination of this witness to recall a previous witness.
Does Mr.
Burger have an objection? Which witness? MASON: Lieutenant Tragg.
No objection.
You may step down.
Lieutenant Tragg, please.
Now, lieutenant, did the police laboratory perform any of the very delicate chemical tests such as the benzidine test on the other bookend? That is, the unbroken one? No, sir.
Why should we? It wasn't the murder weapon.
How can you be positive it wasn't, lieutenant? Well, because there was blood and fingerprints on the broken bookend.
And none on the other.
You, therefore, jumped to a conclusion.
But couldn't it have been the unbroken bookend, lieutenant? They were twins, weren't they? If the depression in the skull accommodated one, wouldn't it accommodate the other as well? Yes, it would.
But then it would have to be wiped off to make the broken bookend seem to be the murder weapon.
And while it was being wiped off, all prints would be erased, wouldn't they? Yes, yes, yeah.
Now, lieutenant, despite the wiping, a benzidine test would show traces of blood, wouldn't it? You could wipe it several times, and it would still show up.
Thank you, lieutenant.
I now request Mr.
James Castleton to return to the stand.
Step down, lieutenant.
You understand, Mr.
Castleton, you're still under oath.
Now, Mr.
Castleton, I'll ask you once again.
What were your activities on the night of the murder? I was in my office.
I believe you own a convertible.
Is that correct? Yes.
What color? White.
We've heard Mrs.
Scott testify that on her way home that night, her car was scraped by a white convertible.
By any chance, was it your car? Remember, Mr.
Castleton, you're under oath.
Also remember that Mrs.
Scott testified there were traces of white paint from the car in question on her fender.
It would be a simple matter to see if that sample matches the paint on your car.
So I ask you once again, Mr.
Castleton, what were your activities on the night of the murder? I wish to make a statement, Your Honor.
I confess to being the principle party in the payoff of the Northport graft.
And the murder of Marshall Scott? No, I told you.
I was in my office that night.
Someone borrowed my car.
For 6 years now, I've done his dirty work.
He taught me to lie and steal.
"This is how a manipulator works," he said.
"You've got to learn every facet "if you want to step into my shoes.
We pull strings and control votes and representatives.
" So I failed, Mr.
Blake.
( mysterious theme playing ) I've taken all the risks for you, all the blame, all the chances, all these years.
But I didn't go to Marshall Scott's house for you.
I wasn't that enraged at Scott's double-cross.
Do you want me to take the blame for that, too? No.
No, Jimmy.
I guess nobody can fill my shoes thistime.
( light classical music playing ) And that's when Mr.
Blake took a hand in the proceedings.
He was the one who went to see Marshall Scott on the night of the murder.
I thought that was Castleton.
No, that was Mr.
Blake himself.
When he found out that Scott had double-crossed him and couldn't control you, why, he-- He exploded and killed Scott.
That's the part I find difficult to believe.
I mean, a man like Blake deliberately committing murder.
Well, in all fairness to him, I don't think there was any premeditation involved.
If there had been, he would have sent a professional killer or at least taken a gun along.
He certainly wouldn't have relied on that bookend.
Well, premeditation or no, I don't know how I can every repay you.
Uh-- ( laughing ) ( noirish jazz theme playing )
Hold on, please.
Waring House Hotel.
Room 112? Yes, I'll connect you.
Yes? Just a moment, please.
Yes, may I help you? Room service? Just a moment, please.
Leora Mathews? And you're Brander Harris.
Just so I'm not making a mistake, Miss Mathews, youarethe county auditor's secretary.
And you're district attorney of Waring County.
Where do we go from there? Well, on the phone, you told me you had some information on the Northport Hospital graft.
What's in it for me? Well, I have no money to pay you.
It's a matter of civic duty.
( laughs ) Civic duty, my eye.
You could make a career out of this.
I could make enemies.
It will cost you $500.
Well, I'll have to pay you out of my own pocket.
As long as it's negotiable.
First I want to see this evidence.
Will you excuse me for a moment? Oh, yes.
Yes, of course.
Make yourself comfortable.
Oh, thank you.
I don't see any names mentioned here, Miss Mathews.
Not even Jimmy Castleton.
I thought-- Try the miscellaneous envelope.
I'm sure it's in there somewhere.
Well, I I still don't see-- ( camera shutter clicks ) ( suspenseful theme playing ) MAN: Mm-hm.
( chuckles ) Yeah, I'm lookin' at him right now.
That Walker's a real pro with a camera.
Of course, he had wonderful material to work with.
I never realized you were so photogenic.
Well, it's your own fault, Marshall.
Maybe you need glasses.
( chuckles ) They didn't seem to help Harris much.
Did he mention any names to you? Only Jimmy Castleton.
He didn't mention yours.
Maybe he didn't have time.
Oh, when am I going to see you, honey? I don't know.
I think I'd better drop out of sight for a while.
Harris may be gunning for me.
But don't you worry.
I'll keep in touch.
Yeah.
Who was that, Marshall? Haven't you got anything better to do than to eavesdrop? I'm sorry.
Ready, Mother? Yes, darling.
Does that fancy school of yours keep bankers' hours? Stop picking on Helen.
She was up late studying.
I'm driving her to school.
Oh, Mother.
Don't bother to explain it tohim.
I'd handle her a lot differently if she were mydaughter.
Well, thank goodness I'm not.
Come on, Helen.
( chuckles ) ( slow classical music playing ) ( indistinct conversation ) Imagine my surprise, Harris, when I got this by special messenger.
That's why I asked you to lunch.
Who sent it to you? I haven't the slightest idea.
Perhaps somebody figures I'm keeper of the public morals.
How about a cocktail? No, thanks.
I understand you're making an investigation of the Northport Hospital project.
That's right, for the Waring County Grand Jury.
You know, I'm tremendously flattered, Mr.
Blake.
You're a very busy man-- Behind-the-scenes power in politics and industry in the state, principle stockholder in the Century Newspaper Alliance.
And here you come to me.
I think I know why.
Why, Mr.
Harris? I'm getting uncomfortably close to the man you're grooming to step into your shoes.
Jimmy Castleton, political editor of the Waring Sun Ledger.
I don't deny that I've had an eye on Jimmy Castleton.
I'm proud to have him working for me.
He makes most other men his age look like Lilliputians.
You sound as though he were your son.
I can't say that hasn't occurred to me.
What connection are you trying to make between Jimmy and the hospital project? I think he engineered the graft.
What about this picture? It's a fake.
It doesn't look like a fake.
Appearances can be so deceiving, Mr.
Harris.
Where are you sending it? To Jimmy Castleton.
Despite what you think, his paper has been behind you I think they have the right to this picture.
What do you want, Mr.
Blake? Now you've hit the nail on the head, Mr.
Harris.
I'm interested in Jimmy Castleton.
I don't want him injured.
What if he's guilty? He isn't.
Take my word for it.
But he can be hurt by your accusations just as you can be hurt by this picture.
No, I'm sorry.
I'm not going to whitewash him.
I've got to do my job.
Take this to Mr.
Castleton right away.
Will you excuse me, Mr.
Blake? Brander.
Brander Harris.
Mason.
You're just the man I want to see.
My secretary, Miss Street.
Oh, how do you do? I've heard so many nice things about you, Mr.
Harris.
Thank you.
Perry, I've got to talk to you.
How about my office in an hour? I'll be there.
What have you got against Jimmy Castleton? That's just it.
Nothing but suspicions up to now.
But apparently, that young man knows how to anticipate trouble.
He must have arranged this-- This blackmail with Leora Mathews.
Who is she? Works for the Waring County auditor.
I thought I could get some proof on where the padding was on this hospital construction.
You understand what publication of this photograph can do to your personal and political life? Oh, it's just a smear tactic.
Smear tactics can be very effective at times, especially against young, career-minded district attorneys.
Yes, and they can boomerang, too.
Perry, I just haven't got time to get involved in this mess right now.
The grand jury meets on Monday, and I've got to finish my investigation before then.
What do you want me to do? Take this thing off my back.
Represent me.
All right.
I'll do my best.
Thanks.
Oh, uh, I'll send you a retainer.
Five hundred all right? Oh, sure.
Della, get ahold of Paul, then call Waring City and see if this Leora Mathews is still at that same hotel.
Waring House Hotel.
I'm sorry, the line is still busy.
Hi, honey.
I'm Paul Drake.
We're, uh, checking out room 201.
Would you like to help us? Sure, why not? What do you have to do to that switchboard to make it look like 201 is out of order? Oh, that's easy.
I just ignore the signal.
The line stays dead.
Fine.
I'll be sitting right over here.
Waring House Hotel.
Hold on, please.
Miss Mathews? Yes.
My name is Perry Mason.
Well, I'm busy.
What do you want? I'd like to discuss this photograph with you.
What is this, a badger game? Are you trying to tell me that you and Brander Harris know each other? What does the photograph look like, mister? Who are you, anyway? I'm an attorney representing Mr.
Harris.
Representing him? Against who? You and whoever employed you.
Why that dirty double-crosser! Would you care to tell meyourside of it? I'll tell it to the newspapers.
I'll tell it in court.
If I were in any kind of game against him, do you think I'd use my own room? Check around.
There's a dozen places we've been together.
You know, your reputation will be in shreds.
It must have been quite some inducement to make you do this.
What was it, Miss Mathews, Money, love Or both? Operator.
Operator! ( sighs ) ( suspenseful theme playing ) I'm in 201.
What's wrong with my phone? Oh, uh, we've been having a little trouble.
The repairman is due any time.
Waring House Hotel.
Room 112? Yes, I'll connect you.
One moment, please.
Waring House Hotel.
Go ahead, please.
Well, I got D.
A.
That would be the Dakota exchange Six, seven, oh, blank, blank.
Bad luck, Paul.
Maybe it will ring a bell with Brander Harris.
Anyway, I put a man on it.
He's going to check the business office of the phone company.
All right.
Where are you going, Perry? About three quarters of an hour drive.
Waring City.
( suspenseful music playing ) ( indistinct conversation ) Yes, sir.
Can I help you? I'm looking for Mr.
Castleton.
He's right back there.
Thank you.
( phone ringing loudly ) The first I saw of this picture was when Mr.
Blake's messenger arrived with it.
Harris says it's a frame to get him to call off his hospital probe.
Well, that makes sense.
Knowing Brander Harris, he's the idealist.
Always tilting at windmills.
Who does he think engineered it? You.
Me? Why? He apparently found some link between you and the hospital graft.
Well, that's impossible.
He couldn't have.
Then you have no demands to make on Harris, no trades, no barter for indemnities? Oh, of course not.
Then you'll hold up publication on this photograph? Well, I don't know.
Despite the fact that Harris seems to be out aftermyscalp, I'm not out afterhis.
I'm going to try to find the truth.
I would like to speak to him face to face.
I'll, um, relay your message.
Good day, Mr.
Castleton.
Mr.
Mason.
Get me Dakota 6-7054.
Dakota 6-70, blank, blank.
Unfortunately, Paul didn't catch those missing numbers.
Leora Mathews made the phone call.
I'm sorry, Perry.
I have no idea whose number it could be.
All right, Brander.
We're going ahead.
Castleton said he wanted to speak to you face to face.
That's on my agenda when the time comes.
So long, Perry.
I'll keep in touch.
Good.
Dakota 6-7054.
MASON: "Offer of proof that some of defendants "acted on advice of counsel was objectionable "where offer did not state "that defendants had made a full disclosure to counsel.
"US code annotated, section 454.
US against Thomas, DC Washington, 1943.
" ( ringing ) Hello? Yes, Paul? Wait a minute.
Dakota 6-7054.
What's the name? Got it.
Thank you, Paul.
See you in the morning.
Well, now we know who Leora Mathews was trying to reach.
Who? A gentleman by the name of Marshall Scott.
I don't think it's too late to go calling.
( suspenseful theme playing ) ( doorbell rings ) Get the door.
Oh, good evening, counselor.
Well, lieutenant, I didn't see your car outside.
I came over in a prowl car.
Uh, what brings you here? I wanted to have a little talk with Marshall Scott.
Murder? That's right.
What was the little, uh, talk about? That's, um, confidential, lieutenant.
That bookend the murder weapon? That's, um, confidential, counselor.
( mysterious theme playing ) This puts me in a very curious situation, Perry.
After all, Brander Harris is the district attorney too.
Did you check his background? Of course I did.
He's the youngest district attorney ever elected in Waring County.
He's got a brilliant record.
But what can I do? He killed Marshall Scott in this county, and I've got to prosecute.
He didn't kill him.
Don't bet on it.
Harris' fingerprints on the murder weapon.
Nice and big and fat and clear.
How'd you find out about the murder? Phone tip.
Man or woman? Couldn't tell.
The voice was obviously disguised.
What else have you got on Harris? Just take my word for it.
There's lots more.
Thoroughly damning.
Look, I've known Brander Harris for several years.
He's a dedicated man.
Well, that doesn't alter the fact that he killed Marshall Scott.
I'll tell you one thing.
Marshall Scott was implicated in the Northport Hospital graft, and so is your friend Brander Harris.
In what way? That's all I'm gonna tell you.
Now, you take my advice.
Tell Harris to give himself up.
I don't know where he is.
Perry, I've got enough problems of my own without you adding any.
The newspapers are gonna have a field day with this thing.
"District attorney charged with murder.
" Can't you just see it? Kind of smirches the name of "district attorney", doesn't it? Yes, it does! Embarrasses me.
Puts me in a position of having to pull your chestnuts out of the fire.
( mysterious theme playing ) And then I drove my daughter to a friend's house.
She was going to spend the weekend there.
Julie Stewart's house.
the Blackmore-Stewarts.
The investment banker.
You know.
Miss Scott.
MissPreston.
My mother's husband was not my father.
Thank goodness.
Helen.
Mrs.
Scott, what was your husband's connection with the Northport General Hospital building fund? He was chairman of the bids committee.
I understand there's some evidence linking his death to the graft.
Well, tell him, mother.
Tell him how big-hearted you gave away $50,000.
And for what? I turned the money over to Mr.
Burger, the district attorney.
I found it in a hatbox in Marshall's closet.
Did your husband tell you with whom he was dealing? No But he may have mentioned the inspector's name, though.
I heard him talking on the telephone once.
Do you remember the name he mentioned? It was an odd one, likeLeclaire Leclerc Le-- I'm sorry.
I see.
Mr.
Mason.
You said that you represent Brander Harris.
Yes.
Then you know about the photograph of Mr.
Harris and that woman.
Yes, I do.
I feel that-- That my husband may have been responsible for that.
Lieutenant Tragg found several copies in his desk.
Thank you.
Goodbye, Mrs.
Scott.
Goodbye, Mr.
Mason.
Miss Preston.
Almost 10:00, Della.
Hungry? I can't leave the office.
What if Brander Harris calls? I'm about ready to call it a night.
Brander must have some reason for his silence, otherwise I don't quite understand why-- ( phone ringing ) Hello.
Oh, yes, Paul.
Oh? He was the inspector in the Northport Hospital job? What's the name? D-U-C-L-E-R-C.
Duclerc.
Fine, Paul.
I'll wanna see him in the morning.
Right.
All right, let's go, Della.
We can't wait all night.
But-- It's about time you called it a day.
We were waiting to hear from you.
I couldn't very well go up in the building.
The police might be around.
Then you know you're wanted for Marshall Scott's murder? Yes, the evening papers say I'm being sought.
Official language is a little stronger.
There's a felony warrant out for you.
Well, I'm sorry about that, but I didn't kill Marshall Scott.
Where are you going? Better to be driving than just staying here.
( engine starting ) Perry, the grand jury meets in three days.
After the hearing, I'll turn myself in.
They found your fingerprints in the murder room.
I was there.
I'm sorry, Perry, but when you told me that partial phone number, well, it wasn't till after you left my office that I remembered it was Marshall Scott's.
So you went to him? Yes, I figured I'd have it out with him.
I got there around 6:00.
I accused him of engineering the blackmail photo, of taking graft from the hospital deal.
What did he say? He got ugly.
He made a threatening move toward me.
I grabbed one of the glass bookends to protect myself.
It slipped out of my hand and broke on a marble-top table.
Then what? Nothing.
Breaking that bookend cooled us off, I guess.
I left.
What time? Oh, I was only there a little while, not more than 15 minutes.
What are you stopping here for? That's the police station.
You're going to turn yourself in.
But-- But I told you.
I can't afford to.
You can't afford not to.
I don't have to tell you the law.
Evading arrest, resorting to flight.
But my investigation, the grand-jury hearing.
No, the whole thing goes down the drain if this hearing is passed up on Monday.
Brander, is there anything in the Waring County charter that would prohibit you from appointing me deputy district attorney? You-- Well, no.
And as your deputy, I could conduct that hearing, couldn't I? Well, yes, you can.
You-- You could.
All right, then.
When you get in there, ask for Lieutenant Tragg.
Good luck, Perry.
You know, I don't know howIwas going to conduct that hearing.
I haven't the slightest idea howyouwill.
( engine starting ) ( suspenseful theme playing ) I understand you do hold a contractor's license.
Yes.
And that you performed for Waring County on Public Projects as an inspector.
Yes.
Uh, you've made inquiries? Naturally.
Well, what is this job you wanted to talk to me about? Mr.
Drake said that-- What is this all about? Pretty grim, isn't it? That was once the Heywood School.
Fortunately, it happened on a weekend, so no one was hurt.
They weren't so lucky there.
That was the Lake City Library.
Eight people were killed when the building collapsed.
What's this got to do with me? Well, suppose it happened to a building you'd inspected, Duclerc.
What building? The Northport General Hospital.
I don't know what you're talking about.
You know the material didn't meet specifications.
That's a lie! What about the core samples you took? Where did you get your information? Never mind.
Why is it you guys always pick on the little fellow? Because we can't get the big fellow unless the little one cooperates.
Graft couldn't exist without men like you.
That's a hot one! I didn't make 50 cents on that deal.
I didn't say you made any money on the deal, but when people are killed, as they were there, are you going to feel any better because you closed your eyes just to protect your job? You expect me to get up there and tell the truth? Yes.
You know what would happen to me if I did? The police will protect you.
Ah! Are you kidding? Harris will see to it.
From where, San Quentin? I notice he's doing pretty fine for himself.
Listen to me, Mr.
Mason.
I've got a wife and three kids.
I'm not taking any chances.
You get me up before that grand jury, I'll tell them I don't know from nothin'.
Suppose it was your wife or one of your kids.
What? Suppose you had to leave one of them at Northport Hospital.
( suspenseful theme playing ) Hello, counselor.
Mr.
Blake.
I know how busy you're going to be in there today, Mr.
Mason.
The incapacitated Mr.
Harris has come up with a formidable substitute.
Yeah, thank you.
I understand you talked to Duclerc.
Oh, how so? Oh, one hears rumors.
I presume he'll be here today? Oh, I'm a little surprised to find you taking such an interest in this rather, um, local affair, Mr.
Blake.
You know why.
Jimmy Castleton? Yes.
He assures me he's innocent.
I have big plans for him, Mason.
Will you do me a favor? If I can.
Perhaps I don't even have to ask you.
If Jimmy Castleton is guilty of graft or corruption, then let him pay for it.
But if he isn't-- You don't have to ask.
There'll be no guilt by association.
No innuendo.
But I do intend to follow through on this, Mr.
Blake, no matter who gets hurt.
That's all I ask.
Then we understand each other.
Perfectly.
Will the sergeant at arms call Mr.
Theophile Duclerc? I was told to take my core samples at certain designated places.
They checked to specifications there.
Throughout the whole hospital structure, however, I knew the specifications would not stand inspection.
Who gave you instructions as to where you were to get your core samples? Mr.
Fairbanks.
There's an item of 6 and one half tons of special steel cable.
Only one truckload of steel cable was delivered to the job, Mr.
Mason.
Their truck couldn't possibly carry 6 and a half tons.
It's a relief.
It's a relief to get it off my chest.
Thank you, Mr.
Duclerc.
I'd like to call Mr.
Eugene Milton.
Now, Mr.
Milton, you are the county auditor? Yes, sir.
What is your secretary's name? Leora Mathews.
I have here some figures broken down by the CPA firm of Wyett and King, which indicate-- I will take just this one item which Mr.
Duclerc mentioned.
Six and one half tons of steel cable.
Duclerc mentioned the steel cable? That's right.
He did.
What about it, Mr.
Milton? What about grade B concrete blocks at grade A prices and second-quality plumbing supplies at premium cost? I still can't believe that Duclerc mentioned the steel cable.
Well, he did.
If I tell you what I know, will--? Will I get some sort of protection? Then you were connected with the cover-up? Who gave you orders? The contractor, Mr.
George Fairbanks.
Who else was in the deal, Marshall Scott? I understand he was.
I didn't have anything to do with him.
Mr.
Foreman, we'll want this man's complete statement, of course.
May I suggest that we expedite this hearing and get on with our next witness? Thank you.
I'd like to call Mr.
George Fairbanks.
Now, Mr.
Fairbanks, you were the prime contractor on the Northport Hospital project? Yes.
When you submitted your bid, you were worried about it being the low bid, were you not? Well, yes.
We, uh-- We wanted the contract.
And so you went to someone to find out how you could be assured of getting it? I-- No.
No? Didn't you give instructions to Eugene Milton to falsify his books? And how about Duclerc's core samples? Am I imagining where he was told to take them from? And the $50,000 Marshall Scott's wife turned over to the district attorney? How much, in all, did you pay out, Mr.
Fairbanks? A hundred and fifty thousand dollars.
And you watered the construction to make up for it? Yes, I padded all costs.
It was the only thing I could do.
No, sir, it was not the only thing you could have done.
Now, to whom did you pay this $150,000 bribe? I gave it to Marshall Scott.
What was he supposed to have done with it? Keep $25,000 and take care of the higher-ups.
Did he ever tell you who any of these higher-ups were? He only mentioned one name.
What name, Mr.
Fairbanks? Brander Harris.
( spectators murmuring ) it's the truth, I swear.
Why would I lie? I'm in enough trouble now.
Marshall told me Harris' cut was $25,000.
( suspenseful theme playing ) I show you these broken pieces of glass bookend, doctor, marked people's exhibit A.
Now, I ask you if death could have been caused by them.
Yes, sir.
The wound on the skull fits the shape of this bookend.
And what was the time of death, doctor? Sometime between 6 and 7:30 p.
m.
Thursday, December 11th.
Thank you, sir.
That'll be all.
Cross-examine.
No questions.
we arrived at the Scott house at 8:10, went in and found Marshall Scott dead.
I see.
Lieutenant, I call your attention to this glass bookend marked people's exhibit A and ask if you had it examined.
Yes, sir.
We found the decedent's blood and the fingerprints of the defendant, Brander Harris.
MASON: I'll show you these photographs and ask if you can identify them.
Yes, sir.
I found the negative and several prints in the decedent's desk.
If it please the court, I should like these marked for identification and entered in evidence.
JUDGE: Mr.
Mason? MASON: No objection, Your Honor.
Your witness.
Lieutenant, I'm trying to recall if there weretwo glass bookends.
Yes, sir.
They, um-- They come in pairs.
Were there any prints on the unbroken one? No, no prints, Mr.
Mason.
Thank you, lieutenant.
That's all.
JUDGE: You may stand down, lieutenant.
BURGER: Miss Leora Mathews to the stand please.
Miss Mathews, would you tell the court what transpired in your hotel room on the night of December 10th? Well, Brander-- That is, Mr.
Harris and I were having a quiet time when this guy busts into the room and takes our picture.
What guy, Miss Mathews? I never saw him before.
Go on, please.
Well, they started to fight, and Brander got knocked out, and the man went away.
Would you tell the court what you and the defendant were talking about before this happened? Well, Brander was very upset.
He told me that the grand jury had got its bit between its teeth and was running away.
They wanted him to investigate the Northport Hospital business.
So I asked him what he was going to do about it.
And what was his response to that? Well, he said, "Every man for himself.
" He was going to put the spurs to Marshall Scott.
Did he mention any other names? No, sir, he just said that the only one that could cut his throat was Mr.
Scott.
Thank you, Miss Mathews.
Cross-examine.
Miss Mathews, did you know Marshall Scott? No, I never met him.
Now, on the day of the murder, do you recall my visit to your hotel room? Yes.
Just after I left, you tried to make a telephone call, did you not? Phone call? MASON: Not being able to reach the hotel operator, you went downstairs to the lobby and used the pay phone? Well, yes.
What number did you dial, Miss Mathews? I don't remember.
Could the number have been Dakota 6-7054? It could have been, yes.
That's Marshall Scott's home telephone number.
Now, you did know him, did you not? Well, I didn't admit it because, well, you might misunderstand our relationship.
And you have know him for a long time, haven't you? Just a couple of years.
Wasn't it because of your love and affection for Marshall Scott that you conspired with him to entrap Brander Harris? I didn't conspire with anybody for anything.
Then it was just pure coincidence that the pictures taken of you and Brander Harris were delivered to Marshall Scott? Thank you, Miss Mathews.
BURGER: Now, Mrs.
Scott, did your husband make any phone calls from your home during the day of December 11th? MRS.
SCOTT: Yes, he did.
He made two of them.
The first one was made about 9:30 in the morning.
BURGER: Do you know to whom your husband was talking at that time? No, I don't.
But you did hear what Mr.
Scott said.
He said something to the effect that he might have to drop out of sight for a while because Mr.
Harris would be gunning for him.
I see.
Now, Mrs.
Scott, what time did you return home that evening? About 10 after 9.
Marshall was dead.
I left later on to go to your office.
Why did you do that? To tell you about the $50,000 I found in Marshall's hatbox.
Of course.
Thank you, Mrs.
Scott.
Cross-examine.
Now, Mrs.
Scott, you testified that your husband made twophone calls that day.
What time was the second call made? At exactly 4:25.
Would you happen to know whom he was calling? I heard him ask for Mr.
James Castleton.
You said the call was made to Mr.
Castleton at exactly 4:25.
MRS.
SCOTT: Yes.
What makes you so positive about the time? Because I left the house five minutes later, 4:30, to pick up my daughter at college.
MASON: And you brought her home? MRS.
SCOTT: No, I drove her to a friend's house, Julie Stewart's, and then I returned home alone.
And when did you arrive? At about 10 after 9.
Now, in checking, we find that you left the Stewart home at 8:30.
They live only 20 minutes from the campus.
What took you so long? We were delayed.
We had a flat tire.
Did you go to a garage? No, it was way out on Valley Boulevard.
A gentleman stopped and was kind enough to change it for us.
Did you get the name of the gentleman? No.
What kind of a car was he driving? A blue one.
What make? I don't know! I don't know! Mr.
Mason, I lied about the flat tire.
Mother, don't! JUDGE: Order.
Order in the courtroom.
Now, I'll tolerate no more outbursts.
Proceed, Mr.
Mason.
Your Honor.
Now, I want the truth, Mrs.
Scott.
What time did you really arrive home? At a quarter to 8.
My husband was dead.
And being frightened, you decided to phone the police anonymously and drive Helen to her friend's house? Yes, that's right.
Now, we've heard evidence that your husband died between 6 and 7:30.
And you say you arrived at a quarter to 8.
Then that proves that I didn't kill my husband, if that's what you mean.
But can you prove that you arrived at a quarter to 8:00? Yes.
I didn't dare mention this to the police before, but when I turned our corner, I almost hit a car that was going in the opposite direction.
Driven by the same gentleman who fixed your flat tire? I tell you, I'm speaking the truth now.
It was a white convertible.
I just barely scraped his fender.
Did the driver stop the car? No, but if you look at my fender, you can see traces of white paint.
Unfortunately, Mrs.
Scott, that won't tell us when it happened.
Now, you testified that you lied about the time of your arrival because you were afraid.
Yes.
What were you afraid of? People knew that Marshall and I didn't get along too well.
Is that the only reason? Yes, that's right.
We have, in the course of our investigation, uncovered $150,000 bribe.
You turned in 50,000 of it to Mr.
Burger.
How muchdidn'tyou turn in? Did you hold out a share, Mrs.
Scott? No, I turned in every penny I found! Then what happened to that other $100,000? Your Honor, I protest.
Mrs.
Scott is not on trial here.
If counselor will consent to my calling my next witness, I believe we can clear up the whereabouts of the missing money.
Mr.
Mason, have you finished your examination of the witness? No, your honor, but I will defer if I'm allowed the privilege of recalling her later.
Granted.
Call your witness, Mr.
Burger.
I call Mr.
James Castleton.
JUDGE: You may step down, Mrs.
Scott.
Raise your right hand.
Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth? CASTLETON: I do.
State your name.
James Castleton.
Be seated, please.
And now, about these photographs, Mr.
Castleton.
Could you tell us who sent them to you? Yes.
Marshall Scott sent them after a phone call to me.
Did you have a conversation with the defendant about that phone call? CASTLETON: Yes.
I believe that if I question you about that conversation, that Mr.
Mason will object.
Therefore, I can only question you about the duration of the conversation.
On the contrary, Your Honor.
Mr.
Mason has no objection whatever.
The witness can testify to the entire conversation if he wishes.
That would be hearsay, Mr.
Mason.
The defense considers it part of theres gestae.
If it isn't brought out on direct, we'll ask for the conversation on cross.
JUDGE: Very well.
Continue, Mr.
Burger.
All right, Mr.
Castleton.
Tell us about the conversation.
I asked the defendant to confirm or deny certain statements by Marshall Scott that he had paid Harris $25,000 to keep his nose out of the hospital investigation.
What did Mr.
Harris say to that? He said he considered my question insulting.
Did you tell him about any other statements by Mr.
Scott? Yes, I told him that Scott said he knew Harris had the goods on him, but that he'd bring Harris down with him when he fell.
And what was Mr.
Harris' reaction to that? He hung up on me.
I see.
Thank you, Mr.
Castleton.
Cross-examine.
Mr.
Castleton, do you recall my visit to your office to discuss those photographs? Yes, I do.
Do you recall saying the first time you saw the photographs was when Mr.
Blake's messenger arrived with them? Yes, while I'd spoken to Marshall Scott about the photographs, I hadn't actually seen them until Mr.
Blake's messenger arrived.
Now, where did Mr.
Blake say he got the photographs? What? Mr.
Blake had the photographs at Marchands.
He must have assured you that his source was reliable.
Where'd he get them? I, uh, I guess I've confused my chronology.
Actually, uh, I remember Mr.
Scott mentioned that he had sent copies to Mr.
Blake and myself at the same time.
I suggest that we unravel the confusion by admitting that Mr.
Scott didn't send Mr.
Blake a copy at all.
You were the one who gave it to him.
Yes, I guess I did.
I-- I always take Mr.
Blake into my confidence.
Thank you.
Now, at any time, did you act as a go-between for the purpose of insuring that Fairbanks got that hospital contract? Certainly not.
Did you arrange for Marshall Scott to receive $25,000? You're a little confused, Mr.
Mason.
I believe Mrs.
Scott testified that she had found $50,000 in their home.
But you testified on direct examination that Scott told you he was to pay the defendant $25,000 as a bribe.
Yes.
Yet when you spoke to the defendant, didn't he deny that? No.
He did say he considered the question insulting.
Yes.
So wouldn't you say there was a strong possibility that the deceased lied and withheld the $25,000 he claimed was Harris' cut? I object, Your Honor.
That calls for a conclusion not based on the facts.
JUDGE: Sustained.
Now, isn't it a fact that when the grand jury started to investigate the hospital, you got in touch with Scott and demanded he stop Harris? Absolutely not.
Would you describe your activities on the night of the murder? ( sighs ) Well, there's very little to describe.
I went to work at 4:00 and remained in the office till a little after 11:30.
And I suppose the members of the Sun Ledger staff can vouch for that? They certainly can.
Your Honor, I would like to interrupt my cross-examination of this witness to recall a previous witness.
Does Mr.
Burger have an objection? Which witness? MASON: Lieutenant Tragg.
No objection.
You may step down.
Lieutenant Tragg, please.
Now, lieutenant, did the police laboratory perform any of the very delicate chemical tests such as the benzidine test on the other bookend? That is, the unbroken one? No, sir.
Why should we? It wasn't the murder weapon.
How can you be positive it wasn't, lieutenant? Well, because there was blood and fingerprints on the broken bookend.
And none on the other.
You, therefore, jumped to a conclusion.
But couldn't it have been the unbroken bookend, lieutenant? They were twins, weren't they? If the depression in the skull accommodated one, wouldn't it accommodate the other as well? Yes, it would.
But then it would have to be wiped off to make the broken bookend seem to be the murder weapon.
And while it was being wiped off, all prints would be erased, wouldn't they? Yes, yes, yeah.
Now, lieutenant, despite the wiping, a benzidine test would show traces of blood, wouldn't it? You could wipe it several times, and it would still show up.
Thank you, lieutenant.
I now request Mr.
James Castleton to return to the stand.
Step down, lieutenant.
You understand, Mr.
Castleton, you're still under oath.
Now, Mr.
Castleton, I'll ask you once again.
What were your activities on the night of the murder? I was in my office.
I believe you own a convertible.
Is that correct? Yes.
What color? White.
We've heard Mrs.
Scott testify that on her way home that night, her car was scraped by a white convertible.
By any chance, was it your car? Remember, Mr.
Castleton, you're under oath.
Also remember that Mrs.
Scott testified there were traces of white paint from the car in question on her fender.
It would be a simple matter to see if that sample matches the paint on your car.
So I ask you once again, Mr.
Castleton, what were your activities on the night of the murder? I wish to make a statement, Your Honor.
I confess to being the principle party in the payoff of the Northport graft.
And the murder of Marshall Scott? No, I told you.
I was in my office that night.
Someone borrowed my car.
For 6 years now, I've done his dirty work.
He taught me to lie and steal.
"This is how a manipulator works," he said.
"You've got to learn every facet "if you want to step into my shoes.
We pull strings and control votes and representatives.
" So I failed, Mr.
Blake.
( mysterious theme playing ) I've taken all the risks for you, all the blame, all the chances, all these years.
But I didn't go to Marshall Scott's house for you.
I wasn't that enraged at Scott's double-cross.
Do you want me to take the blame for that, too? No.
No, Jimmy.
I guess nobody can fill my shoes thistime.
( light classical music playing ) And that's when Mr.
Blake took a hand in the proceedings.
He was the one who went to see Marshall Scott on the night of the murder.
I thought that was Castleton.
No, that was Mr.
Blake himself.
When he found out that Scott had double-crossed him and couldn't control you, why, he-- He exploded and killed Scott.
That's the part I find difficult to believe.
I mean, a man like Blake deliberately committing murder.
Well, in all fairness to him, I don't think there was any premeditation involved.
If there had been, he would have sent a professional killer or at least taken a gun along.
He certainly wouldn't have relied on that bookend.
Well, premeditation or no, I don't know how I can every repay you.
Uh-- ( laughing ) ( noirish jazz theme playing )