Perry Mason (1957) s05e23 Episode Script
The Case of the Absent Artist
Itheme.]
[ship horn blaring.]
Logic.
Myer, you are a cretin.
ln art, logic is the assassin of intuition.
Do l make myself clear, Myer? - Yeah.
- [chuckles.]
You stand convicted by your own words.
Why must you always intellectualize? But, Glovatski, l was agreeing with you.
Repudiate me, Myer! Lash out with heavy blows.
A true artist must first be an anarchist.
Like him? Otto Gervaert? [scoms.]
A yogi.
But, Glovatski, have you seen his last painting, Day's Catch? Everybody says it's a masterpiece.
l repudiate him.
Fiona! Fiona! Come quickly.
Do hurry, dear.
Otto is back.
l heard him moving around down there.
He must have just got in.
Maybe it's a bat flying around.
The poor boy must be starved.
Come along, Fiona.
Otto, dear boy, welcome home.
Oh, dear.
He's gone again.
This time he's not coming back.
Nonsense.
Of course he'll be back.
Why, this is his home.
What makes you think he won't be back? Because he's taken Day's Catch with him.
Oh, dear, yes.
And he swore he'd never sell it.
But where would he go? l don't know.
But l'll find him.
And when l do, maybe l'll slit open his gullet.
[Man.]
Come on, men.
Put your backs into it.
The wicked old slave master's watching us.
Save the funny lines for the strip.
That's where it came from.
You know something, Gabe, we're losing our identities.
We're all turning into little Zingys.
Might be an improvement.
Quick, make a note of that one, men.
What's the matter, Pete? Are you tired of being a slave? Me? Why, no, sir.
l love Zingy like he was my own.
You know that, Gabe.
Like he was me.
Sure, l know it, kid.
Can you raise $10,OOO? lt's a cinch.
Wait a minute.
l may have it on me.
Mmm, only four bucks, if that's any good to you.
Get up the balance by tonight, and Zingy is yours.
l'm getting out of the comic strip field.
[paper rustling.]
Ah.
Look what a real artist can do.
Why not me? That bash tonight is my farewell party, kid.
But only $10,OOO for Zingy? l know you'd be a good father to the little stinker.
You think you can come up with the loot? Why, yeah.
Yeah.
Sure.
l'll get it even if l have to rob a bank.
Good, Pete.
See you at the party.
[laughs.]
[Man.]
Sure, it's an Otto Gervaert canvas.
Who else? [Woman.]
No mistaking the technique.
ln my opinion, he's the next big name in American art.
l don't know.
It looks like the work of two guys to me.
Rembrandt and Picasso maybe.
Oh, Monty, must you always be a bookkeeper? Surely you can see the artist is dramatizing the basic need for survival even in a world slowly melting back into primeval ooze.
Mm-hmm.
l wonder how much Gabe laid out for it.
l'd hate to tell you.
l really paid through the teeth for that little number.
You know how it is when you like something.
But a Gervaert has got to be an investment, hasn't it? [doorbell rings.]
Well, new guests.
Ask them.
[laughing.]
Honestly, Pete, what's got into you? l swear you've been drinking.
Brace yourself, baby.
l'm gonna make an honest woman out of you, and l don't mean someday.
Listen to me, Pete.
l've got to talk to you about something Sure.
About diamonds.
Baby, tomorrow l'm gonna buy you a diamond as big as a cannonball.
Am l intruding? Hello, Mr.
Phillips.
Greetings, wicked old slave master.
l brought the swag.
Then you've got yourself a strip.
[chattering.]
lf l may have your attention, please.
- Quiet, please, boys and girls.
- [whistles.]
Announcement.
This isn't just another ordinary bash.
This is a farewell party.
Where you going, Pete boy? lnto orbit, Monty, old man.
Straight up like a rocket.
[laughter.]
Pete isn't leaving.
l am.
l'm renouncing the crass world of commercialism.
After tomorrow, my address will be Majorca.
[Woman.]
Oh, how long will you be gone? [Man.]
What's the idea, Gabe? l'm retiring, that's all.
l made my pile.
Now l'm getting out.
[laughter.]
l always wanted to find out if l had any real talent.
Who knows? l might be another Otto Gervaert.
[laughter.]
- Gabe, who's gonna give the parties then? - [Guests.]
Yeah.
Pete, let's make it legal fast.
- l've drawn up a paper - [doorbell rings.]
Oh, wait a minute.
l think that's somebody l invited.
l'll be in the workroom.
Mr.
Mason, Miss Street.
Hello, Pete.
l drew that up myself, Mason, without the help of a lawyer.
Looks like a very clear outline of the proposed sale.
l didn't see any need for red tape.
lt's a simple arrangement between Pete and me.
''Simple,'' he says, like raising $10,OOO in one afternoon.
l had to parlay so many deals, only a lawyer could understand them.
So l got me one.
Now, where do l sign? Pete, you oughta have a drink to settle you down.
- We'll call you when it's time.
- Who needs to settle down? l'm calm.
Just whistle, wicked old slave master.
What do you want, Mason? Some ''whereases'' and ''to-wits''? No, l wouldn't say so.
l presume the sale will in no way amect the present contract with the newspaper syndicate? Pete may have to renegotiate it.
But Zingy is in 205 papers.
Any of the other syndicates would love to have it.
May l see a copy of the contract? l'll get it for you tomorrow.
l understood you were leaving for Majorca tomorrow.
Mason, are you just being a lawyer about all this, or don't you approve of the deal? No, it would seem to be a very fine deal.
But l can't help wondering why you'd sell a valuable property for, what, a tenth of its value? l didn't think he could amord more than 10,OOO.
l suppose you have proof of ownership? Of the strip? l created it.
Look, Mason, this whole thing is getting a little too involved.
Now, either make the deal or forget it.
l want Pete to have Zingy, but Why? Well, he's a good cartoonist, l like him, and l feel sorry for him.
And so, you're practically making him a present of the strip.
Why, Mr.
Phillips? Because it's a booby prize.
The poor slob ought to get something.
Here's to beautiful women and brick dust, all those who can't love and can scour knives.
Oh, Pete.
Well, l can't hope to match that, but l do hope you'll both will be very happy.
- Leslie, Pete tells me that you and he - Excuse me.
- Yes sir, Mr.
Mason, sir.
- Come here, Pete.
Do l sign now? It's okay? l mean, it's a good deal, isn't it? Apparently you'll own the strip, all right, but it's going to cost something.
- Sure, ten grand.
- No.
More than that.
Pete, l think we oughta find someplace to talk.
- No.
Wait.
- What for? What's going on? Hey, what is all this? Perhaps Miss Lawrence would rather tell you.
No l mean, Gabe Where's Gabe? Tell me what, Leslie? That l'm going to Majorca with Gabe Phillips.
l'm sorry.
l'm really sorry, Pete.
l wanted to tell you.
l tried to tell you tonight, but you wouldn't listen to me.
Baby, it's a rib, isn't it? lt isn't a rib.
l'm going away with Gabe.
And, Pete, don't make a scene.
Now please let go of me.
Gabe, you told that man.
You told him.
Pete would have known tomorrow, anyway.
What'd you have to do it that way for? Because you never got around to it.
Look, honey, there's no easy way.
You've got to let him have it right between the eyes.
Forget it.
Tomorrow we'll be long gone.
whether l can scrape up all that money or not.
Darling, let's go tonight.
Right away.
Please.
Even if we just drive around till plane time.
l feel so bad about Pete.
And l don't want any more scenes Okay.
l don't imagine those free-loaders will miss us too much anyway.
[glass shatters.]
[phone ringing.]
Hello? Yes.
No.
He's busy right now.
No, l'm sorry.
Gabe can't come to the phone.
Yes, l'll be glad to take a message.
- Where? Port Harmony? - [blow lands.]
[Women gasp, scream.]
All right, Manders.
One you're entitled to, but that's all.
- l'm gonna beat you to a pulp! - Oh, come on, Pete.
Hold it.
- All right.
- Come on.
Now that's enough.
l'll get even with him, Mr.
Mason.
You wait and see.
l'm gonna fix you good.
Sorry, Mason, but that's the way it goes.
- Somebody wins, somebody loses.
- [door opens.]
- End of the folk show, kids.
Drinking time.
- [door closes.]
Correct me if l'm wrong, Perry, but l think you could have stopped Pete from throwing that first punch.
As the man said, he was entitled to one.
What happened? Your boyfriend's a poor loser.
Didn't the phone ring? - Yes.
l told him you were busy.
- Well, who was it? What did they want? l don't know.
Someone from Port Harmony.
Port Harmony? A man? Yes.
An Otto somebody.
Was it Otto Gervaert? Is that who it was? - l guess it was.
- Are you sure? Yes.
It was Otto Gervaert.
He said something about meeting you in the usual place.
Anyway, l told him you were leaving town.
Okay, honey, but l've gotta go out now.
- Now? Why? - Unfinished business.
l'll pick you up in plenty of time to catch the plane.
Gabe.
Gabe.
[door opens, closes.]
Nice car.
Philistine.
- But a foreign car.
- l repudiate them all.
[Man.]
Come in.
[footsteps.]
Shh.
l think it's Otto.
lt is Otto.
You see, you were wrong, dear.
- He did come back.
- [faint arguing.]
There's some man with him.
Someone just came in.
l think l'll go have a pizza.
[arguing continues.]
[gunshot.]
[gunshot.]
Myer, l despair of you.
A man who covets an automobile has the soul of a hitchhiker.
- Didn't you hear that? - l hear only greed.
- l see only your envy - But it sounded like a shot.
l'm sure it was.
Two shots.
Does this concern us? Does it, Myer? Even if someone realized the utter futility and repudiated life itself? Della, have you got hold of Pete Manders yet? No.
If he is home, he's just not answering the phone.
See if you can find Leslie Lawrence's number.
Found it and tried it.
No answer.
Maybe she and Gabe Phillips have already left for Majorca.
l hope so.
Pete may have cooled om.
On the other hand, he might be looking for Try Gabe's number.
All right.
Something happen, Perry? l've been talking to the newspaper syndicate.
Hello? l'd like to s Pete? Is this you? Tell Pete l'm on my way.
This is Della Street in Mr.
Mason's omice.
What are you doing there? Don't worry, Miss Street.
Phillips isn't here.
l'm just cleaning out my desk.
Pete, Mr.
Mason's on his way over.
l know, but you just be a good boy and wait there.
Morning, Pete.
l guess it isn't a good morning, is it? But you didn't help matters much last night.
What should l have done, Mr.
Mason? Stim upper lip? Good luck, old man? Blessings on you both? l'd have broken his rotten skull if you hadn't stopped me.
Pete, you're too hotheaded for your own good.
Maybe l should've signed the paper first.
Is that what you'd have recommended? No.
In fact, that's the reason l came to see you just in case you decided to be practical.
He can take his lousy comic strip and lt's not his comic strip.
l contacted the newspaper syndicate in New York this morning, Pete.
Phillips lied.
He didn't actually create the strip, so he doesn't entirely own it.
Then who does? They pay royalties to a man named Otto Gervaert.
That guy he bought the painting from.
But then why did Gabe try to get the 10,OOO out of me? To help finance his trip to Majorca, l guess.
He admitted he was shorter of funds than he'd figured.
That does it.
l tell you, l'm going to - [door opens, closes.]
- If l ever find that guy Pete, settle down.
He's gone, isn't he? Bag and baggage, if you excuse the expression.
- Hello, Mr.
Mason.
- How do you do? We haven't met.
l saw you at the party last night.
l'm Charles Montrose.
l do Gabe's tax returns and other things.
- He pulled out, didn't he, Pete? - l don't know where he is.
That crazy painting he just bought's gone, and l'll bet everything else is, too, if it's paid for.
Look at these.
He left everything for me to clean up.
Bills.
What am l supposed to pay them with? Must be three or four thousand dollars' worth.
And you can bet he didn't leave a dime in his checking account.
Why don't you sell everything he left behind and put it in your pocket? This stum, and that stum in there? He made a down payment, nothing more.
l'll just have to send it back.
Doesn't he own anything outright? Nothing.
Wait a minute.
His car.
He paid cash for that, and he couldn't take that with him on the plane.
l'll lay you ten to one he sold it before he left town.
lf he did You see, Mr.
Mason, l'm not the only person that loves Gabe.
Pete, l think now is the time to be practical.
The syndicate needs someone to handle the comic strip.
- l don't want any part of it! - It has no connection with Phillips.
lf you can get a contract with the syndicate or the creator or whoever has control, l think you'd be very foolish not to do it.
[door opens.]
What's the matter? Monty, what's wrong? No l suppose he's Rigor mortis has begun.
That means he's probably been dead for hours, maybe even since late last night.
No.
Don't look at me.
l didn't Didn't what, Pete? Where did you go after you left the party? Home.
l went home.
You live alone? Yes, allalone.
- Miss Leslie Lawrence? - Yes.
What is it? My name's Paul Drake.
l'm working for Perry Mason.
- l understand you two met last night.
- Oh, just briefly.
l'm sorry, Mr.
Drake, but l'm very busy.
Packing for your trip? Really, Mr.
Drake.
l'm sorry, Miss Lawrence, but it's been called.
Gabe Phillips was murdered last night.
The Lawrence girl says she took the call while Phillips was wrestling with your client.
That'd be around 10:30.
How long after that did Phillips Ieave the apartment? Right away.
She said he turned white at the name of Otto Gervaert and just rushed out.
Pete swore he saw Phillips drive om, so that much checks out.
He could have waited for Phillips to get back from Port Harmony.
A round trip takes four hours, Paul.
It'd be a long wait.
All right.
So he went home, brooded half the night, came back and shot Phillips as he got out of the car.
That's the way it looks to the police.
l take it he doesn't have much in the way of an alibi.
None at all.
So, what do you expect to find in Port Harmony? Blackmailer perhaps.
Well, this is where the guy in the bar thinks he lives.
Well, let's see if Mr.
Gervaert is at home.
[door opens.]
l wonder if you could tell us where to find Otto Gervaert.
Are you from the police? No.
l'm a lawyer.
My name is Perry Mason.
Oh, dear.
Well, l'm Miss Daphne Whilom.
How do you do, Miss Whilom? And this is Mr.
Drake.
How do you do? Why did you think we were the police? Well, l can't imagine.
l really don't know why l said it.
Otto isn't here.
Do you know where we can find him, Miss Whilom? Oh, dear me, no.
He might be out on the desert or up in the hills.
He never tells anyone where he goes, like all great painters.
Do you know his work? l've seen one of his canvasses.
When did he leave? Well, l couldn't say.
l have more to do than to try to track down the goings and comings of my tenants.
lt was last night, wasn't it, right about the time he had a visitor? Well, how did you know? l think you'd better tell us what happened, Miss Whilom.
Well, some man came to see him.
l think he was from Hollywood.
Did you see this man? Oh, no.
But l heard them talking.
My apartment is right above Otto's studio.
Oh, they were quarreling just violently.
l don't know what it was about, but it was just terrible.
And then [Mason.]
Then what? Oh, dear l suppose l must tel'l someone.
l heard two shots fired.
Two shots? You're positive there were two? Oh, yes.
l heard them plainly.
And then the man ran away.
l've been trying to get up nerve all morning to look into Otto's studio.
Would you care to? l think you'd better call the police, Miss Whilom, right away.
Call the police.
Yes.
Aren't you going to take a look? Not until the police get here.
Phillips was shot in the stomach, Paul.
Just once.
So the other shot missed.
l wonder if it did.
You think Otto Gervaert's still in there? lf he is, l want the local police to find him.
l don't see anything that looks like a body.
Blood.
Somebody sure got themselves hurt here last night.
l don't mean just a nose bleed.
Care to enlighten the small-town cops, Mr.
Mason? A man named Gabe Phillips in Hollywood received a telephone call from Gervaert last night.
Phillips left to come up here.
l'd say he got here, wouldn't you? Well, there's no proof that he did.
But Gervaert's landlady said that he'd been quarreling with some man, and then later she heard two shots.
Well, from the looks of that, one of 'em was shot, the other ran away.
There's no proof of that either.
Phillips was found dead in his garage this morning, in Hollywood.
That's a long ways to go with a bullet in you.
Well, at least we know which one to look for.
l'll check with the L.
A.
police.
In the meantime, l'll put out a pickup for Otto Gervaert.
Perry.
- Perry Mason, Miss Fiona Cregan.
- Hello.
[Drake.]
Miss Cregan is a friend of Gervaert's.
l was his girl.
She saw a man running out of the house right after the shots.
Did you see him well enough to identify him? l think so, if l ever saw him again.
He wore a loud sort ofjacket.
Yeah, l think l could.
She gave me a description.
It was Phillips, all right.
Save your breath, Counselor.
l know the police in Port Harmony think Phillips was shot by some local artist, but personally, l'm not convinced Phillips even left Hollywood last night.
Wait a minute, Andy.
Let me introduce Miss Fiona Cregan.
She saw Phillips in Port Harmony last night.
Saw him leave Otto Gervaert's studio after the shots were fired.
Saw Phillips? Let's go take a look at the body.
You don't mind, do you, Miss Cregan? Yes, that's the man l saw last night.
You're positive? l ought to know.
l was his girl.
You were Phillips' girl, too? No.
Otto Gervaert's.
But this man is Gabe Phillips.
Maybe that's what he called himself in Hollywood.
Up in Port Harmony, he was known as Otto Gervaert.
Andy, l'd say it changes everything.
That girl must have guessed it when she saw Phillips last night.
Mmm.
Well, with his hair cut short, and Gervaert never used to wear anything but jeans.
He used to disappear for weeks at a time.
Andy, a double identity isn't that easy to hide.
There must've been others who guessed.
lf the murder did take place up there, it must have been someone in Port Harmony who Perry, l'd say this changes nothing.
Oh, but you're right about it being someone who was up in Port Harmony.
l thought we had plenty of evidence against your client before.
But now? Here.
Take a look at this.
A gasoline receipt from a service station in Port Harmony, dated yesterday.
The attendant says signed late last night.
Pete Manders.
Raise your right hand.
Take a good look at that girl, Pete.
Did you see her on the night of the murder? How could l? l told you, l never got near that old house.
You also told me you went home after the party.
Now, Miss Cregan, how long had you known the deceased? Ever since l came to Port Harmony.
Six years.
And you had a very close friendship with him? l was his girl, when he was there.
But you did know about this masquerade, this other existence of his in Hollywood where he was known as Gabe Phillips? [Fiona.]
l only knew he'd met another woman.
Now, Miss Cregan, would you please tell the court what you saw the night of the murder.
Well, l was walking down the street, and l saw Otto come running out of this house, and he was staggering.
l thought he was drunk.
[Lawyer.]
You're sure it was Otto Gervaert? [Fiona.]
Oh, yes.
He was wearing dimerent clothes.
He had his hair cut short.
Of course, at that time, l knew nothing about Gabe Phillips, but l recognized it was really Otto, all right.
- Did you speak to him? - No.
No? Why not? l mean, why didn't you approach him? Well, he'd left me.
l never wanted to see him again.
Oh.
Well, thank you, Miss Cregan.
Cross-examine, Mr.
Mason? Miss Cregan, approximately what time was it when you saw the decedent run out of the house? After midnight, l guess.
Maybe later.
You were alone? Yes.
l'd been out to have a pizza.
When l saw Otto, l walked om the other way.
l take it you were jealous of this other woman in his life? Perhaps.
- And you were angry with Otto? - l suppose so.
Did you ever get so angry with him that you made a threat against his life? l don't remember.
From the amount of blood and the statements from the landlady about those shots, l figured somebody had been murdered in that studio.
And how did you proceed then, Sergeant Buck? On the assumption that this artist Gervaert had shot Gabe Phillips and then ran away.
And it was not until later that you discovered that Otto Gervaert was in fact Gabe Phillips? Your Honor, the proper identification would be that Gabe Phillips was in fact Otto Gervaert.
[Judge.]
Of course.
Go on, Sergeant.
Well, anyway, when it turned out the murder took place in Port Harmony, the L.
A.
police turned over their evidence to us.
My name is Charles Montrose, and l'm a tax accountant.
And the deceased was one of your clients? Yes, l took care of his taxes from the time he started making big money with the comic strip, Zingy.
l now show you a revolver which has been identified as the weapon which killed Gabe Phillips.
Objection.
Your Honor, the murdered man's name was Otto Gervaert.
The defense counsel is quite right, Your Honor.
But since the witness on the stand now knew the deceased only as Gabe Phillips, l think it would be less confusing to refer to him by that name.
l think l understand the reason for your objection, Mr.
Mason, but in the interest of clarity, l'm going to overrule you for the moment.
Thank you, Your Honor.
Do you recognize the gun? Yeah.
Yes, sir.
lt belonged to Gabe Phillips.
He kept it in a drawer in his desk.
Was that generally known? All the cartoonists who worked there knew about it.
Was the defendant, Pete Manders, one of those cartoonists? He was.
Now, how long had you been aware of Gabe Phillips' intended departure for Majorca? [Montrose.]
A couple of days.
l made out a check for the plane tickets.
[Lawyer.]
To whom were those tickets issued? One was made out in Gabe Phillips' name.
And the other one? Miss Leslie Lawrence.
[Lawyer.]
Thank you, Mr.
Montrose.
Do you wish to cross-examine, Mr.
Mason? Mr.
Montrose, were you aware that your client was actually Otto Gervaert, a painter living in Port Harmony? No, sir.
You could've knocked me over when l read about it in the paper.
You had no intimation of it from his financial amairs? That's right.
Nobody knew about it.
But you prepared Gervaert's tax forms in Hollywood.
What about his tax returns in Port Harmony? l'm going to have to object here, Your Honor.
lt's already been agreed that the witness on the stand knew the deceased only as Gabe Phillips.
lf it please the court, l think we're dealing here with the question of who was actually murdered, Gervaert or Phillips.
A corpse by any name is just as dead.
l don't think we need any levity, Mr.
Clark.
Both of you gentlemen will approach the bench.
You first, Mr.
Mason.
Your Honor, the murder occurred in the residence of Otto Gervaert.
lt happened in the domicile of Otto Gervaert.
lt's a reasonable assumption, therefore, that the murderer committed the crime against a man known to him only by that name.
ln other words, that the murderer was someone among his Port Harmony associates.
The purpose of this hearing, Your Honor, is to present evidence that Pete Manders killed Gabe Phillips and nobody else.
Now, what defense counselor could possibly want by What l want is the opportunity to cross-examine Gervaert's associates in the art colony.
lt is not what defense counsel wants that should control the prosecution, Your Honor but what is required for an orderly presentation of the case.
l think we'll proceed on the basis of the State's presentation, with no further quibbling over the name.
That understood? [Leslie.]
Yes, l fell in love with Gabe Phillips.
lt proved to be rather an aw_ard situation, because, well, l'd been going around with Mr.
Manders.
ln fact, he was telling people we were engaged.
When did the defendant discover how you really felt about him? Oh, that night at the party.
Gabe and l were leaving the next day for Majorca.
We were planning to be married there.
And that was when the defendant became so upset? Yes, that's right.
It was then that Pete l mean, Mr.
Manders hit Mr.
Phillips and made all those threats.
This is a receipt of l31/z gallons of gasoline.
l filled it out the night of the murder.
Close to midnight, l guess.
Do you see the man who bought gas from you here in the courtroom? Yes, sir.
That's him, the defendant.
Uh, they were having this terrible quarrel.
Their voices came up the flue from Otto's fireplace.
Then you did recognize the voices? Yes.
Otto's.
l'd know that anywhere.
But the other man? No, l didn't know his voice.
Can you tell us anything specifically about which you heard them quarrelling, Miss Whilom? Well, l only heard snatches, of course, but this other man seemed to be very angry with Otto.
About what? Well, l couldn't make it out.
- Otto said something about Leslie.
- Leslie? l heard him say ''Leslie,'' and then came the shots.
Thank you, Miss Whilom.
Cross-examine, Mr.
Mason.
Miss Whilom, how long had you known Otto Gervaert? Ever since he came to Port Harmony, about six years ago.
Was he a successful painter at that time? Oh, no.
He hadn't been discovered.
But l recognized his talents instantly.
ln my house, Otto Gervaert became the greatest painter in America.
l sat at his feet.
And yet, Miss Whilom, you heard Otto having a violent quarrel with an unknown man, a quarrel followed by two shots, and you didn't go downstairs to investigate? Well, l was frightened.
l was all alone.
Of course you were frightened, Miss Whilom.
But he was your friend.
Now, do you want us to believe that you were so frightened you did absolutely nothing? Well, not right away.
A moment or two later, then.
You still did nothing? Well, the studio was empty.
He was gone.
Then you did go downstairs to investigate.
He wasn't there.
No one was.
And knowing he might've been wounded, possibly even dying, you weren't concerned enough to look further? To call someone to help you look further? The hall was empty.
Not a soul downstairs.
What about the street? There was no one in the street, either.
- No one else's car.
- No one else's car? What about Otto's car, Miss Whilom? Was his car still in the street when you ran outside for help? Yes, he was in his car.
But nothing could've been done for him.
He was already dead.
Now, Miss Whilom, will you please explain to this court how a dead man drove his car all the way to Hollywood, [murmuring.]
l just can't picture Miss Whilom driving a dead body all the way to Hollywood.
Well, somebody did.
The question is why? l think it has to do with the dual identities.
Somebody in Port Harmony wanted the corpse to be Phillips, not Gervaert.
Then the murderer must be somebody here in Port Harmony.
No, not necessarily.
One of Phillips' Hollywood friends could have faked that phone call to lure him up here.
Then, if he'd been murdered as Gervaert, there'd be nothing to connect him with the Hollywood crowd.
[Mason.]
What about those tax records, Paul? [Drake.]
Phillips had copies in his apartment, and l got photostats.
Also a bank statement.
They're all here.
Now see what you can find on Gervaert's private papers.
That's not so easy.
In Hollywood, Phillips had a real emicient operation.
By the looks of Gervaert's studio, up here he kept house like a slob.
Well, you can try.
l also want you to check with the Department of Motor Vehicles.
Yes, Your Honor l'm ready to answer quest'ions now.
All right, Mr.
Mason, proceed.
Let's pick up where we left om yesterday, Miss Whilom.
Now, would you please tell this court, who transported the decedent's body to Hollywood? l did, Mr.
Mason.
You have a driver's license? No.
Miss Whilom, isn't it true that you've never driven a car? No, that's not true.
l drove my father's car.
When? How many years ago? - [spectators chuckling.]
- [gavel tapping.]
All right, Miss Whilom.
We'll go on to your reason for wanting the body moved.
You did it to protect someone, didn't you? [Daphne.]
No.
l just didn't want any scandal here in Port Harmony.
When you saw the decedent's body, you were afraid Miss Cregan had killed him, isn't that right? [Daphne.]
No! [Mason.]
She'd been jilted by Gervaert.
She was angry and jealous.
So you had his body taken to the apartment in Hollywood where he was known as Gabe Phillips, hoping no connection would be made with his other identity here.
lsn't that true, Miss Whilom? Well, isn't it? Your Honor, l will call Alexander Glovatski to the stand.
- [Man.]
Raise your right hand.
- Here's some papers you'll find interesting and a list of everything in his studio, which just proves one thing.
- What's that, Paul? - Gervaert was a slob.
[Glovatski.]
Alexander Glovatski.
[Man.]
Be seated.
Mr.
Glovatski, did you transport the body of the deceased to the garage of his Hollywood apartment? lndubitably.
Upon whose request? Daphne's.
You refer to the previous witness, Daphne Whilom? The same.
Thank you.
No further questions.
Mr.
Glovatski, you're aware that the prosecutor has just used you to impeach his own witness? l am aware of the truth of what l say.
Do you know that tampering with evidence is a felony? These are words for lawyers.
And what is a jail for? The world is a jail.
But you were aware of what you were doing, were you not? l did it.
You must have had a very compelling reason to agree to the committing of such an act.
What was it? Money? Did Miss Whilom pay you? l have no use for money.
[Mason.]
Don't you? You're a sculptor, l believe, Mr.
Glovatski.
Have you ever sold any of your works? l am an artist, not a peddler.
Then how do you live? Mr.
Glovatski, why were you willing to transport a dead body? Because Gervaert had betrayed his talent.
He sold his birthright to the money changers.
l eradicated his presence from the temple of the arts.
Do you expect this court to belie No, of course you don't.
That's all for now.
Well, our newspaper syndicate paid Gabe Phillips about _100,OOO a year to manage and draw the comic strip.
Of course, we paid a royalty of 40,OOO to the man Phillips said had created the character of Zingy.
To Otto Gervaert, that is.
Can you tell us how much the defendant, Pete Manders, received? As Phillips' senior artist, his salary was approximately _10,OOO a year, l believe.
[Clark.]
In the event of death or disabling injury to Gabe Phillips, had your syndicate made any plans to have some other man continue drawing and managing the strip? We'd taken that precaution, yes.
In fact, we'd discussed it with both Phillips and Manders.
Manders was to take over in the event of any such contingency.
And what sort of salary would the defendant then have received? We planned to raise Pete to at least 60,OOO.
From ten to si_y.
Thank you.
No further questions.
Mr.
Newburgh, you say Phillips received 100,OOO and Gervaert 40 more.
That would be a total of _140,OOO a year that you paid to the same man? Well, if you put it that way, yes.
But we certainly had no idea that Phillips was Gervaert, too.
Your Honor, l would like to recall a previous witness - Now, just a moment - to clarify an earlier point and a possible new motive for murder, Your Honor.
But l already said l handled Phillips' taxes.
As well as the returns for Otto Gervaert? Certainly not.
l never even knew there was such a creature.
But you did make out tax returns for Gabe Phillips on a gross income of over a _1 OO, OOO.
There were a great many deductions, of course.
Business expenses and so on.
No matter how much he earned, the way Gabe spent money, he never ended up with much.
Would you say it was more advantageous for a man to take his deductions from a _100,OOO income or a _40,OOO income? l don't understand.
Don't you? l thought everyone was aware that the higher the income, the greater the tax.
Oh, well, yes, but So wouldn't it be obvious that if Otto Gervaert had any deductible expenses, he'd save money by writing them om on Gabe Phillips' income tax? No.
No, that's not possible.
Mr.
Montrose, Phillips had quite a number of employees, did he not? A certain of the artists on Zingy worked for the syndicate.
Yes, there were a few whom Gabe paid direct some full, some part time.
l show you this photostat of Phillips' tax return for last year the separate schedule here and ask you to read this list of names.
- l don't see - Just read the names, please, Mr.
Montrose.
Gabe gave money to Pete Manders, Joseph Sullivan, Jeremy Stark and Alexander Glovatski.
_500.
Just 500 paltry dollars.
For what, Mr.
Glovatski? Like the man said, this Phillips hired artists.
But you're a sculptor, not a cartoonist.
There is a dimerence, l grant that, but only that.
And you just said you never heard of Gabe Phillips.
Very well.
l repudiate myself.
Mr.
Glovatski, you are under oath, and l'm quite sure you understand what that means.
Now, who paid you that money? Otto Gervaert or Gabe Phillips? lt was Gervaert.
A donation to keep sculpture alive.
You mean a donation to keep blackmail alive, don't you? Now, you knew about his double identity.
lsn't that why you were so anxious that his body not be found in Port Harmony? Yes.
Say any name you want.
You also took other payments from him.
You were the one person in town who knew Otto Gervaert's secret.
You were the one person whose only source of income would've ended with his leaving for Majorca.
No! No, that's not true! You must believe.
Only three payments l took.
One for 50, one for _28.
lt wasn't my idea the 500.
Otto himself said the government would pay.
His own money was being saved.
But as Phillips, he could pay anything.
l saw him myself making notes with his taxes.
He said his tax man would arrange it all.
The man who handled all of his accounts.
His tax man would take care of everything.
All right! Yes! l arranged it! And Gervaert's tax returns, Mr.
Montrose.
You arranged those also? Of course l did.
l set up the whole thing.
But please, Your Honor, l couldn't incriminate myself.
l couldn't admit to tax fraud.
But you can admit to murder, isn't that right? Unless, of course, you can explain where the bulk of Gervaert's money went.
Or is that the question he asked you when he suddenly decided to go to Majorca? Now, what happened to all that money he expected to live on, Mr.
Montrose? l can't tell you any more than l could tell him.
l begged him for time.
l needed time, but he Yes, you're you're right.
l killed the two-headed monster.
All right, Perry.
Who was really murdered, Phillips or Gervaert? - Both of them.
- Both of them? That was the key to the whole business.
Outside of a harmless sculptor, Monty was the only man who knew all about the dual existence.
And the two separate incomes.
When Phillips suddenly wanted the savings from those two separate incomes for his retirement to Majorca, well, Monty either had to produce or else kill him.
But he killed him as Otto Gervaert.
He thought that a dead artist from Port Harmony could never be connected to a man supposedly on his way to Majorca.
So he faked that phone call to lure Phillips up here, and you know the rest.
Hey, that explains why Monty was so shook up when he found Gabe in the garage.
l was wondering when you were going to remember that.
Sure.
Monty acted exactly as though he'd just seen a ghost.
Hey, you know something? l might be coming back to Port Harmony someday.
Pete, old sport, haven't you had trouble enough? Uh, just leave art to the experts.
[chuckling.]
Subtitled By J.
R.
Media Services, Inc.
Burbank, CA
[ship horn blaring.]
Logic.
Myer, you are a cretin.
ln art, logic is the assassin of intuition.
Do l make myself clear, Myer? - Yeah.
- [chuckles.]
You stand convicted by your own words.
Why must you always intellectualize? But, Glovatski, l was agreeing with you.
Repudiate me, Myer! Lash out with heavy blows.
A true artist must first be an anarchist.
Like him? Otto Gervaert? [scoms.]
A yogi.
But, Glovatski, have you seen his last painting, Day's Catch? Everybody says it's a masterpiece.
l repudiate him.
Fiona! Fiona! Come quickly.
Do hurry, dear.
Otto is back.
l heard him moving around down there.
He must have just got in.
Maybe it's a bat flying around.
The poor boy must be starved.
Come along, Fiona.
Otto, dear boy, welcome home.
Oh, dear.
He's gone again.
This time he's not coming back.
Nonsense.
Of course he'll be back.
Why, this is his home.
What makes you think he won't be back? Because he's taken Day's Catch with him.
Oh, dear, yes.
And he swore he'd never sell it.
But where would he go? l don't know.
But l'll find him.
And when l do, maybe l'll slit open his gullet.
[Man.]
Come on, men.
Put your backs into it.
The wicked old slave master's watching us.
Save the funny lines for the strip.
That's where it came from.
You know something, Gabe, we're losing our identities.
We're all turning into little Zingys.
Might be an improvement.
Quick, make a note of that one, men.
What's the matter, Pete? Are you tired of being a slave? Me? Why, no, sir.
l love Zingy like he was my own.
You know that, Gabe.
Like he was me.
Sure, l know it, kid.
Can you raise $10,OOO? lt's a cinch.
Wait a minute.
l may have it on me.
Mmm, only four bucks, if that's any good to you.
Get up the balance by tonight, and Zingy is yours.
l'm getting out of the comic strip field.
[paper rustling.]
Ah.
Look what a real artist can do.
Why not me? That bash tonight is my farewell party, kid.
But only $10,OOO for Zingy? l know you'd be a good father to the little stinker.
You think you can come up with the loot? Why, yeah.
Yeah.
Sure.
l'll get it even if l have to rob a bank.
Good, Pete.
See you at the party.
[laughs.]
[Man.]
Sure, it's an Otto Gervaert canvas.
Who else? [Woman.]
No mistaking the technique.
ln my opinion, he's the next big name in American art.
l don't know.
It looks like the work of two guys to me.
Rembrandt and Picasso maybe.
Oh, Monty, must you always be a bookkeeper? Surely you can see the artist is dramatizing the basic need for survival even in a world slowly melting back into primeval ooze.
Mm-hmm.
l wonder how much Gabe laid out for it.
l'd hate to tell you.
l really paid through the teeth for that little number.
You know how it is when you like something.
But a Gervaert has got to be an investment, hasn't it? [doorbell rings.]
Well, new guests.
Ask them.
[laughing.]
Honestly, Pete, what's got into you? l swear you've been drinking.
Brace yourself, baby.
l'm gonna make an honest woman out of you, and l don't mean someday.
Listen to me, Pete.
l've got to talk to you about something Sure.
About diamonds.
Baby, tomorrow l'm gonna buy you a diamond as big as a cannonball.
Am l intruding? Hello, Mr.
Phillips.
Greetings, wicked old slave master.
l brought the swag.
Then you've got yourself a strip.
[chattering.]
lf l may have your attention, please.
- Quiet, please, boys and girls.
- [whistles.]
Announcement.
This isn't just another ordinary bash.
This is a farewell party.
Where you going, Pete boy? lnto orbit, Monty, old man.
Straight up like a rocket.
[laughter.]
Pete isn't leaving.
l am.
l'm renouncing the crass world of commercialism.
After tomorrow, my address will be Majorca.
[Woman.]
Oh, how long will you be gone? [Man.]
What's the idea, Gabe? l'm retiring, that's all.
l made my pile.
Now l'm getting out.
[laughter.]
l always wanted to find out if l had any real talent.
Who knows? l might be another Otto Gervaert.
[laughter.]
- Gabe, who's gonna give the parties then? - [Guests.]
Yeah.
Pete, let's make it legal fast.
- l've drawn up a paper - [doorbell rings.]
Oh, wait a minute.
l think that's somebody l invited.
l'll be in the workroom.
Mr.
Mason, Miss Street.
Hello, Pete.
l drew that up myself, Mason, without the help of a lawyer.
Looks like a very clear outline of the proposed sale.
l didn't see any need for red tape.
lt's a simple arrangement between Pete and me.
''Simple,'' he says, like raising $10,OOO in one afternoon.
l had to parlay so many deals, only a lawyer could understand them.
So l got me one.
Now, where do l sign? Pete, you oughta have a drink to settle you down.
- We'll call you when it's time.
- Who needs to settle down? l'm calm.
Just whistle, wicked old slave master.
What do you want, Mason? Some ''whereases'' and ''to-wits''? No, l wouldn't say so.
l presume the sale will in no way amect the present contract with the newspaper syndicate? Pete may have to renegotiate it.
But Zingy is in 205 papers.
Any of the other syndicates would love to have it.
May l see a copy of the contract? l'll get it for you tomorrow.
l understood you were leaving for Majorca tomorrow.
Mason, are you just being a lawyer about all this, or don't you approve of the deal? No, it would seem to be a very fine deal.
But l can't help wondering why you'd sell a valuable property for, what, a tenth of its value? l didn't think he could amord more than 10,OOO.
l suppose you have proof of ownership? Of the strip? l created it.
Look, Mason, this whole thing is getting a little too involved.
Now, either make the deal or forget it.
l want Pete to have Zingy, but Why? Well, he's a good cartoonist, l like him, and l feel sorry for him.
And so, you're practically making him a present of the strip.
Why, Mr.
Phillips? Because it's a booby prize.
The poor slob ought to get something.
Here's to beautiful women and brick dust, all those who can't love and can scour knives.
Oh, Pete.
Well, l can't hope to match that, but l do hope you'll both will be very happy.
- Leslie, Pete tells me that you and he - Excuse me.
- Yes sir, Mr.
Mason, sir.
- Come here, Pete.
Do l sign now? It's okay? l mean, it's a good deal, isn't it? Apparently you'll own the strip, all right, but it's going to cost something.
- Sure, ten grand.
- No.
More than that.
Pete, l think we oughta find someplace to talk.
- No.
Wait.
- What for? What's going on? Hey, what is all this? Perhaps Miss Lawrence would rather tell you.
No l mean, Gabe Where's Gabe? Tell me what, Leslie? That l'm going to Majorca with Gabe Phillips.
l'm sorry.
l'm really sorry, Pete.
l wanted to tell you.
l tried to tell you tonight, but you wouldn't listen to me.
Baby, it's a rib, isn't it? lt isn't a rib.
l'm going away with Gabe.
And, Pete, don't make a scene.
Now please let go of me.
Gabe, you told that man.
You told him.
Pete would have known tomorrow, anyway.
What'd you have to do it that way for? Because you never got around to it.
Look, honey, there's no easy way.
You've got to let him have it right between the eyes.
Forget it.
Tomorrow we'll be long gone.
whether l can scrape up all that money or not.
Darling, let's go tonight.
Right away.
Please.
Even if we just drive around till plane time.
l feel so bad about Pete.
And l don't want any more scenes Okay.
l don't imagine those free-loaders will miss us too much anyway.
[glass shatters.]
[phone ringing.]
Hello? Yes.
No.
He's busy right now.
No, l'm sorry.
Gabe can't come to the phone.
Yes, l'll be glad to take a message.
- Where? Port Harmony? - [blow lands.]
[Women gasp, scream.]
All right, Manders.
One you're entitled to, but that's all.
- l'm gonna beat you to a pulp! - Oh, come on, Pete.
Hold it.
- All right.
- Come on.
Now that's enough.
l'll get even with him, Mr.
Mason.
You wait and see.
l'm gonna fix you good.
Sorry, Mason, but that's the way it goes.
- Somebody wins, somebody loses.
- [door opens.]
- End of the folk show, kids.
Drinking time.
- [door closes.]
Correct me if l'm wrong, Perry, but l think you could have stopped Pete from throwing that first punch.
As the man said, he was entitled to one.
What happened? Your boyfriend's a poor loser.
Didn't the phone ring? - Yes.
l told him you were busy.
- Well, who was it? What did they want? l don't know.
Someone from Port Harmony.
Port Harmony? A man? Yes.
An Otto somebody.
Was it Otto Gervaert? Is that who it was? - l guess it was.
- Are you sure? Yes.
It was Otto Gervaert.
He said something about meeting you in the usual place.
Anyway, l told him you were leaving town.
Okay, honey, but l've gotta go out now.
- Now? Why? - Unfinished business.
l'll pick you up in plenty of time to catch the plane.
Gabe.
Gabe.
[door opens, closes.]
Nice car.
Philistine.
- But a foreign car.
- l repudiate them all.
[Man.]
Come in.
[footsteps.]
Shh.
l think it's Otto.
lt is Otto.
You see, you were wrong, dear.
- He did come back.
- [faint arguing.]
There's some man with him.
Someone just came in.
l think l'll go have a pizza.
[arguing continues.]
[gunshot.]
[gunshot.]
Myer, l despair of you.
A man who covets an automobile has the soul of a hitchhiker.
- Didn't you hear that? - l hear only greed.
- l see only your envy - But it sounded like a shot.
l'm sure it was.
Two shots.
Does this concern us? Does it, Myer? Even if someone realized the utter futility and repudiated life itself? Della, have you got hold of Pete Manders yet? No.
If he is home, he's just not answering the phone.
See if you can find Leslie Lawrence's number.
Found it and tried it.
No answer.
Maybe she and Gabe Phillips have already left for Majorca.
l hope so.
Pete may have cooled om.
On the other hand, he might be looking for Try Gabe's number.
All right.
Something happen, Perry? l've been talking to the newspaper syndicate.
Hello? l'd like to s Pete? Is this you? Tell Pete l'm on my way.
This is Della Street in Mr.
Mason's omice.
What are you doing there? Don't worry, Miss Street.
Phillips isn't here.
l'm just cleaning out my desk.
Pete, Mr.
Mason's on his way over.
l know, but you just be a good boy and wait there.
Morning, Pete.
l guess it isn't a good morning, is it? But you didn't help matters much last night.
What should l have done, Mr.
Mason? Stim upper lip? Good luck, old man? Blessings on you both? l'd have broken his rotten skull if you hadn't stopped me.
Pete, you're too hotheaded for your own good.
Maybe l should've signed the paper first.
Is that what you'd have recommended? No.
In fact, that's the reason l came to see you just in case you decided to be practical.
He can take his lousy comic strip and lt's not his comic strip.
l contacted the newspaper syndicate in New York this morning, Pete.
Phillips lied.
He didn't actually create the strip, so he doesn't entirely own it.
Then who does? They pay royalties to a man named Otto Gervaert.
That guy he bought the painting from.
But then why did Gabe try to get the 10,OOO out of me? To help finance his trip to Majorca, l guess.
He admitted he was shorter of funds than he'd figured.
That does it.
l tell you, l'm going to - [door opens, closes.]
- If l ever find that guy Pete, settle down.
He's gone, isn't he? Bag and baggage, if you excuse the expression.
- Hello, Mr.
Mason.
- How do you do? We haven't met.
l saw you at the party last night.
l'm Charles Montrose.
l do Gabe's tax returns and other things.
- He pulled out, didn't he, Pete? - l don't know where he is.
That crazy painting he just bought's gone, and l'll bet everything else is, too, if it's paid for.
Look at these.
He left everything for me to clean up.
Bills.
What am l supposed to pay them with? Must be three or four thousand dollars' worth.
And you can bet he didn't leave a dime in his checking account.
Why don't you sell everything he left behind and put it in your pocket? This stum, and that stum in there? He made a down payment, nothing more.
l'll just have to send it back.
Doesn't he own anything outright? Nothing.
Wait a minute.
His car.
He paid cash for that, and he couldn't take that with him on the plane.
l'll lay you ten to one he sold it before he left town.
lf he did You see, Mr.
Mason, l'm not the only person that loves Gabe.
Pete, l think now is the time to be practical.
The syndicate needs someone to handle the comic strip.
- l don't want any part of it! - It has no connection with Phillips.
lf you can get a contract with the syndicate or the creator or whoever has control, l think you'd be very foolish not to do it.
[door opens.]
What's the matter? Monty, what's wrong? No l suppose he's Rigor mortis has begun.
That means he's probably been dead for hours, maybe even since late last night.
No.
Don't look at me.
l didn't Didn't what, Pete? Where did you go after you left the party? Home.
l went home.
You live alone? Yes, allalone.
- Miss Leslie Lawrence? - Yes.
What is it? My name's Paul Drake.
l'm working for Perry Mason.
- l understand you two met last night.
- Oh, just briefly.
l'm sorry, Mr.
Drake, but l'm very busy.
Packing for your trip? Really, Mr.
Drake.
l'm sorry, Miss Lawrence, but it's been called.
Gabe Phillips was murdered last night.
The Lawrence girl says she took the call while Phillips was wrestling with your client.
That'd be around 10:30.
How long after that did Phillips Ieave the apartment? Right away.
She said he turned white at the name of Otto Gervaert and just rushed out.
Pete swore he saw Phillips drive om, so that much checks out.
He could have waited for Phillips to get back from Port Harmony.
A round trip takes four hours, Paul.
It'd be a long wait.
All right.
So he went home, brooded half the night, came back and shot Phillips as he got out of the car.
That's the way it looks to the police.
l take it he doesn't have much in the way of an alibi.
None at all.
So, what do you expect to find in Port Harmony? Blackmailer perhaps.
Well, this is where the guy in the bar thinks he lives.
Well, let's see if Mr.
Gervaert is at home.
[door opens.]
l wonder if you could tell us where to find Otto Gervaert.
Are you from the police? No.
l'm a lawyer.
My name is Perry Mason.
Oh, dear.
Well, l'm Miss Daphne Whilom.
How do you do, Miss Whilom? And this is Mr.
Drake.
How do you do? Why did you think we were the police? Well, l can't imagine.
l really don't know why l said it.
Otto isn't here.
Do you know where we can find him, Miss Whilom? Oh, dear me, no.
He might be out on the desert or up in the hills.
He never tells anyone where he goes, like all great painters.
Do you know his work? l've seen one of his canvasses.
When did he leave? Well, l couldn't say.
l have more to do than to try to track down the goings and comings of my tenants.
lt was last night, wasn't it, right about the time he had a visitor? Well, how did you know? l think you'd better tell us what happened, Miss Whilom.
Well, some man came to see him.
l think he was from Hollywood.
Did you see this man? Oh, no.
But l heard them talking.
My apartment is right above Otto's studio.
Oh, they were quarreling just violently.
l don't know what it was about, but it was just terrible.
And then [Mason.]
Then what? Oh, dear l suppose l must tel'l someone.
l heard two shots fired.
Two shots? You're positive there were two? Oh, yes.
l heard them plainly.
And then the man ran away.
l've been trying to get up nerve all morning to look into Otto's studio.
Would you care to? l think you'd better call the police, Miss Whilom, right away.
Call the police.
Yes.
Aren't you going to take a look? Not until the police get here.
Phillips was shot in the stomach, Paul.
Just once.
So the other shot missed.
l wonder if it did.
You think Otto Gervaert's still in there? lf he is, l want the local police to find him.
l don't see anything that looks like a body.
Blood.
Somebody sure got themselves hurt here last night.
l don't mean just a nose bleed.
Care to enlighten the small-town cops, Mr.
Mason? A man named Gabe Phillips in Hollywood received a telephone call from Gervaert last night.
Phillips left to come up here.
l'd say he got here, wouldn't you? Well, there's no proof that he did.
But Gervaert's landlady said that he'd been quarreling with some man, and then later she heard two shots.
Well, from the looks of that, one of 'em was shot, the other ran away.
There's no proof of that either.
Phillips was found dead in his garage this morning, in Hollywood.
That's a long ways to go with a bullet in you.
Well, at least we know which one to look for.
l'll check with the L.
A.
police.
In the meantime, l'll put out a pickup for Otto Gervaert.
Perry.
- Perry Mason, Miss Fiona Cregan.
- Hello.
[Drake.]
Miss Cregan is a friend of Gervaert's.
l was his girl.
She saw a man running out of the house right after the shots.
Did you see him well enough to identify him? l think so, if l ever saw him again.
He wore a loud sort ofjacket.
Yeah, l think l could.
She gave me a description.
It was Phillips, all right.
Save your breath, Counselor.
l know the police in Port Harmony think Phillips was shot by some local artist, but personally, l'm not convinced Phillips even left Hollywood last night.
Wait a minute, Andy.
Let me introduce Miss Fiona Cregan.
She saw Phillips in Port Harmony last night.
Saw him leave Otto Gervaert's studio after the shots were fired.
Saw Phillips? Let's go take a look at the body.
You don't mind, do you, Miss Cregan? Yes, that's the man l saw last night.
You're positive? l ought to know.
l was his girl.
You were Phillips' girl, too? No.
Otto Gervaert's.
But this man is Gabe Phillips.
Maybe that's what he called himself in Hollywood.
Up in Port Harmony, he was known as Otto Gervaert.
Andy, l'd say it changes everything.
That girl must have guessed it when she saw Phillips last night.
Mmm.
Well, with his hair cut short, and Gervaert never used to wear anything but jeans.
He used to disappear for weeks at a time.
Andy, a double identity isn't that easy to hide.
There must've been others who guessed.
lf the murder did take place up there, it must have been someone in Port Harmony who Perry, l'd say this changes nothing.
Oh, but you're right about it being someone who was up in Port Harmony.
l thought we had plenty of evidence against your client before.
But now? Here.
Take a look at this.
A gasoline receipt from a service station in Port Harmony, dated yesterday.
The attendant says signed late last night.
Pete Manders.
Raise your right hand.
Take a good look at that girl, Pete.
Did you see her on the night of the murder? How could l? l told you, l never got near that old house.
You also told me you went home after the party.
Now, Miss Cregan, how long had you known the deceased? Ever since l came to Port Harmony.
Six years.
And you had a very close friendship with him? l was his girl, when he was there.
But you did know about this masquerade, this other existence of his in Hollywood where he was known as Gabe Phillips? [Fiona.]
l only knew he'd met another woman.
Now, Miss Cregan, would you please tell the court what you saw the night of the murder.
Well, l was walking down the street, and l saw Otto come running out of this house, and he was staggering.
l thought he was drunk.
[Lawyer.]
You're sure it was Otto Gervaert? [Fiona.]
Oh, yes.
He was wearing dimerent clothes.
He had his hair cut short.
Of course, at that time, l knew nothing about Gabe Phillips, but l recognized it was really Otto, all right.
- Did you speak to him? - No.
No? Why not? l mean, why didn't you approach him? Well, he'd left me.
l never wanted to see him again.
Oh.
Well, thank you, Miss Cregan.
Cross-examine, Mr.
Mason? Miss Cregan, approximately what time was it when you saw the decedent run out of the house? After midnight, l guess.
Maybe later.
You were alone? Yes.
l'd been out to have a pizza.
When l saw Otto, l walked om the other way.
l take it you were jealous of this other woman in his life? Perhaps.
- And you were angry with Otto? - l suppose so.
Did you ever get so angry with him that you made a threat against his life? l don't remember.
From the amount of blood and the statements from the landlady about those shots, l figured somebody had been murdered in that studio.
And how did you proceed then, Sergeant Buck? On the assumption that this artist Gervaert had shot Gabe Phillips and then ran away.
And it was not until later that you discovered that Otto Gervaert was in fact Gabe Phillips? Your Honor, the proper identification would be that Gabe Phillips was in fact Otto Gervaert.
[Judge.]
Of course.
Go on, Sergeant.
Well, anyway, when it turned out the murder took place in Port Harmony, the L.
A.
police turned over their evidence to us.
My name is Charles Montrose, and l'm a tax accountant.
And the deceased was one of your clients? Yes, l took care of his taxes from the time he started making big money with the comic strip, Zingy.
l now show you a revolver which has been identified as the weapon which killed Gabe Phillips.
Objection.
Your Honor, the murdered man's name was Otto Gervaert.
The defense counsel is quite right, Your Honor.
But since the witness on the stand now knew the deceased only as Gabe Phillips, l think it would be less confusing to refer to him by that name.
l think l understand the reason for your objection, Mr.
Mason, but in the interest of clarity, l'm going to overrule you for the moment.
Thank you, Your Honor.
Do you recognize the gun? Yeah.
Yes, sir.
lt belonged to Gabe Phillips.
He kept it in a drawer in his desk.
Was that generally known? All the cartoonists who worked there knew about it.
Was the defendant, Pete Manders, one of those cartoonists? He was.
Now, how long had you been aware of Gabe Phillips' intended departure for Majorca? [Montrose.]
A couple of days.
l made out a check for the plane tickets.
[Lawyer.]
To whom were those tickets issued? One was made out in Gabe Phillips' name.
And the other one? Miss Leslie Lawrence.
[Lawyer.]
Thank you, Mr.
Montrose.
Do you wish to cross-examine, Mr.
Mason? Mr.
Montrose, were you aware that your client was actually Otto Gervaert, a painter living in Port Harmony? No, sir.
You could've knocked me over when l read about it in the paper.
You had no intimation of it from his financial amairs? That's right.
Nobody knew about it.
But you prepared Gervaert's tax forms in Hollywood.
What about his tax returns in Port Harmony? l'm going to have to object here, Your Honor.
lt's already been agreed that the witness on the stand knew the deceased only as Gabe Phillips.
lf it please the court, l think we're dealing here with the question of who was actually murdered, Gervaert or Phillips.
A corpse by any name is just as dead.
l don't think we need any levity, Mr.
Clark.
Both of you gentlemen will approach the bench.
You first, Mr.
Mason.
Your Honor, the murder occurred in the residence of Otto Gervaert.
lt happened in the domicile of Otto Gervaert.
lt's a reasonable assumption, therefore, that the murderer committed the crime against a man known to him only by that name.
ln other words, that the murderer was someone among his Port Harmony associates.
The purpose of this hearing, Your Honor, is to present evidence that Pete Manders killed Gabe Phillips and nobody else.
Now, what defense counselor could possibly want by What l want is the opportunity to cross-examine Gervaert's associates in the art colony.
lt is not what defense counsel wants that should control the prosecution, Your Honor but what is required for an orderly presentation of the case.
l think we'll proceed on the basis of the State's presentation, with no further quibbling over the name.
That understood? [Leslie.]
Yes, l fell in love with Gabe Phillips.
lt proved to be rather an aw_ard situation, because, well, l'd been going around with Mr.
Manders.
ln fact, he was telling people we were engaged.
When did the defendant discover how you really felt about him? Oh, that night at the party.
Gabe and l were leaving the next day for Majorca.
We were planning to be married there.
And that was when the defendant became so upset? Yes, that's right.
It was then that Pete l mean, Mr.
Manders hit Mr.
Phillips and made all those threats.
This is a receipt of l31/z gallons of gasoline.
l filled it out the night of the murder.
Close to midnight, l guess.
Do you see the man who bought gas from you here in the courtroom? Yes, sir.
That's him, the defendant.
Uh, they were having this terrible quarrel.
Their voices came up the flue from Otto's fireplace.
Then you did recognize the voices? Yes.
Otto's.
l'd know that anywhere.
But the other man? No, l didn't know his voice.
Can you tell us anything specifically about which you heard them quarrelling, Miss Whilom? Well, l only heard snatches, of course, but this other man seemed to be very angry with Otto.
About what? Well, l couldn't make it out.
- Otto said something about Leslie.
- Leslie? l heard him say ''Leslie,'' and then came the shots.
Thank you, Miss Whilom.
Cross-examine, Mr.
Mason.
Miss Whilom, how long had you known Otto Gervaert? Ever since he came to Port Harmony, about six years ago.
Was he a successful painter at that time? Oh, no.
He hadn't been discovered.
But l recognized his talents instantly.
ln my house, Otto Gervaert became the greatest painter in America.
l sat at his feet.
And yet, Miss Whilom, you heard Otto having a violent quarrel with an unknown man, a quarrel followed by two shots, and you didn't go downstairs to investigate? Well, l was frightened.
l was all alone.
Of course you were frightened, Miss Whilom.
But he was your friend.
Now, do you want us to believe that you were so frightened you did absolutely nothing? Well, not right away.
A moment or two later, then.
You still did nothing? Well, the studio was empty.
He was gone.
Then you did go downstairs to investigate.
He wasn't there.
No one was.
And knowing he might've been wounded, possibly even dying, you weren't concerned enough to look further? To call someone to help you look further? The hall was empty.
Not a soul downstairs.
What about the street? There was no one in the street, either.
- No one else's car.
- No one else's car? What about Otto's car, Miss Whilom? Was his car still in the street when you ran outside for help? Yes, he was in his car.
But nothing could've been done for him.
He was already dead.
Now, Miss Whilom, will you please explain to this court how a dead man drove his car all the way to Hollywood, [murmuring.]
l just can't picture Miss Whilom driving a dead body all the way to Hollywood.
Well, somebody did.
The question is why? l think it has to do with the dual identities.
Somebody in Port Harmony wanted the corpse to be Phillips, not Gervaert.
Then the murderer must be somebody here in Port Harmony.
No, not necessarily.
One of Phillips' Hollywood friends could have faked that phone call to lure him up here.
Then, if he'd been murdered as Gervaert, there'd be nothing to connect him with the Hollywood crowd.
[Mason.]
What about those tax records, Paul? [Drake.]
Phillips had copies in his apartment, and l got photostats.
Also a bank statement.
They're all here.
Now see what you can find on Gervaert's private papers.
That's not so easy.
In Hollywood, Phillips had a real emicient operation.
By the looks of Gervaert's studio, up here he kept house like a slob.
Well, you can try.
l also want you to check with the Department of Motor Vehicles.
Yes, Your Honor l'm ready to answer quest'ions now.
All right, Mr.
Mason, proceed.
Let's pick up where we left om yesterday, Miss Whilom.
Now, would you please tell this court, who transported the decedent's body to Hollywood? l did, Mr.
Mason.
You have a driver's license? No.
Miss Whilom, isn't it true that you've never driven a car? No, that's not true.
l drove my father's car.
When? How many years ago? - [spectators chuckling.]
- [gavel tapping.]
All right, Miss Whilom.
We'll go on to your reason for wanting the body moved.
You did it to protect someone, didn't you? [Daphne.]
No.
l just didn't want any scandal here in Port Harmony.
When you saw the decedent's body, you were afraid Miss Cregan had killed him, isn't that right? [Daphne.]
No! [Mason.]
She'd been jilted by Gervaert.
She was angry and jealous.
So you had his body taken to the apartment in Hollywood where he was known as Gabe Phillips, hoping no connection would be made with his other identity here.
lsn't that true, Miss Whilom? Well, isn't it? Your Honor, l will call Alexander Glovatski to the stand.
- [Man.]
Raise your right hand.
- Here's some papers you'll find interesting and a list of everything in his studio, which just proves one thing.
- What's that, Paul? - Gervaert was a slob.
[Glovatski.]
Alexander Glovatski.
[Man.]
Be seated.
Mr.
Glovatski, did you transport the body of the deceased to the garage of his Hollywood apartment? lndubitably.
Upon whose request? Daphne's.
You refer to the previous witness, Daphne Whilom? The same.
Thank you.
No further questions.
Mr.
Glovatski, you're aware that the prosecutor has just used you to impeach his own witness? l am aware of the truth of what l say.
Do you know that tampering with evidence is a felony? These are words for lawyers.
And what is a jail for? The world is a jail.
But you were aware of what you were doing, were you not? l did it.
You must have had a very compelling reason to agree to the committing of such an act.
What was it? Money? Did Miss Whilom pay you? l have no use for money.
[Mason.]
Don't you? You're a sculptor, l believe, Mr.
Glovatski.
Have you ever sold any of your works? l am an artist, not a peddler.
Then how do you live? Mr.
Glovatski, why were you willing to transport a dead body? Because Gervaert had betrayed his talent.
He sold his birthright to the money changers.
l eradicated his presence from the temple of the arts.
Do you expect this court to belie No, of course you don't.
That's all for now.
Well, our newspaper syndicate paid Gabe Phillips about _100,OOO a year to manage and draw the comic strip.
Of course, we paid a royalty of 40,OOO to the man Phillips said had created the character of Zingy.
To Otto Gervaert, that is.
Can you tell us how much the defendant, Pete Manders, received? As Phillips' senior artist, his salary was approximately _10,OOO a year, l believe.
[Clark.]
In the event of death or disabling injury to Gabe Phillips, had your syndicate made any plans to have some other man continue drawing and managing the strip? We'd taken that precaution, yes.
In fact, we'd discussed it with both Phillips and Manders.
Manders was to take over in the event of any such contingency.
And what sort of salary would the defendant then have received? We planned to raise Pete to at least 60,OOO.
From ten to si_y.
Thank you.
No further questions.
Mr.
Newburgh, you say Phillips received 100,OOO and Gervaert 40 more.
That would be a total of _140,OOO a year that you paid to the same man? Well, if you put it that way, yes.
But we certainly had no idea that Phillips was Gervaert, too.
Your Honor, l would like to recall a previous witness - Now, just a moment - to clarify an earlier point and a possible new motive for murder, Your Honor.
But l already said l handled Phillips' taxes.
As well as the returns for Otto Gervaert? Certainly not.
l never even knew there was such a creature.
But you did make out tax returns for Gabe Phillips on a gross income of over a _1 OO, OOO.
There were a great many deductions, of course.
Business expenses and so on.
No matter how much he earned, the way Gabe spent money, he never ended up with much.
Would you say it was more advantageous for a man to take his deductions from a _100,OOO income or a _40,OOO income? l don't understand.
Don't you? l thought everyone was aware that the higher the income, the greater the tax.
Oh, well, yes, but So wouldn't it be obvious that if Otto Gervaert had any deductible expenses, he'd save money by writing them om on Gabe Phillips' income tax? No.
No, that's not possible.
Mr.
Montrose, Phillips had quite a number of employees, did he not? A certain of the artists on Zingy worked for the syndicate.
Yes, there were a few whom Gabe paid direct some full, some part time.
l show you this photostat of Phillips' tax return for last year the separate schedule here and ask you to read this list of names.
- l don't see - Just read the names, please, Mr.
Montrose.
Gabe gave money to Pete Manders, Joseph Sullivan, Jeremy Stark and Alexander Glovatski.
_500.
Just 500 paltry dollars.
For what, Mr.
Glovatski? Like the man said, this Phillips hired artists.
But you're a sculptor, not a cartoonist.
There is a dimerence, l grant that, but only that.
And you just said you never heard of Gabe Phillips.
Very well.
l repudiate myself.
Mr.
Glovatski, you are under oath, and l'm quite sure you understand what that means.
Now, who paid you that money? Otto Gervaert or Gabe Phillips? lt was Gervaert.
A donation to keep sculpture alive.
You mean a donation to keep blackmail alive, don't you? Now, you knew about his double identity.
lsn't that why you were so anxious that his body not be found in Port Harmony? Yes.
Say any name you want.
You also took other payments from him.
You were the one person in town who knew Otto Gervaert's secret.
You were the one person whose only source of income would've ended with his leaving for Majorca.
No! No, that's not true! You must believe.
Only three payments l took.
One for 50, one for _28.
lt wasn't my idea the 500.
Otto himself said the government would pay.
His own money was being saved.
But as Phillips, he could pay anything.
l saw him myself making notes with his taxes.
He said his tax man would arrange it all.
The man who handled all of his accounts.
His tax man would take care of everything.
All right! Yes! l arranged it! And Gervaert's tax returns, Mr.
Montrose.
You arranged those also? Of course l did.
l set up the whole thing.
But please, Your Honor, l couldn't incriminate myself.
l couldn't admit to tax fraud.
But you can admit to murder, isn't that right? Unless, of course, you can explain where the bulk of Gervaert's money went.
Or is that the question he asked you when he suddenly decided to go to Majorca? Now, what happened to all that money he expected to live on, Mr.
Montrose? l can't tell you any more than l could tell him.
l begged him for time.
l needed time, but he Yes, you're you're right.
l killed the two-headed monster.
All right, Perry.
Who was really murdered, Phillips or Gervaert? - Both of them.
- Both of them? That was the key to the whole business.
Outside of a harmless sculptor, Monty was the only man who knew all about the dual existence.
And the two separate incomes.
When Phillips suddenly wanted the savings from those two separate incomes for his retirement to Majorca, well, Monty either had to produce or else kill him.
But he killed him as Otto Gervaert.
He thought that a dead artist from Port Harmony could never be connected to a man supposedly on his way to Majorca.
So he faked that phone call to lure Phillips up here, and you know the rest.
Hey, that explains why Monty was so shook up when he found Gabe in the garage.
l was wondering when you were going to remember that.
Sure.
Monty acted exactly as though he'd just seen a ghost.
Hey, you know something? l might be coming back to Port Harmony someday.
Pete, old sport, haven't you had trouble enough? Uh, just leave art to the experts.
[chuckling.]
Subtitled By J.
R.
Media Services, Inc.
Burbank, CA