Perry Mason (1957) s06e11 Episode Script

- Isn't she beautiful, Brad? - Just like her owner.
That's ever better than you expect.
Oh, Jennifer your father's going to b!e pleased.
He'll be more than that when she wins, and Lil's going to be a winner.
l know it.
Just wait and see.
How's Dad feeling? Active men with heart attacks don't take well to being kept in bed.
Well, l'd better get back to those letters.
Tell daddy the good word, will you, Roberta.
And be a good secretary make him rest! - How was it? - 1 : 1 2:03.
[whistles.]
She's got three more weeks training at the track before the meet.
l guess she'll be ready.
Pessimist.
She's ready now.
Come on.
Come on, Lil.
[laughs.]
Mm, Tiger Lil, l love you.
Now, don't get lipstick all over her nose.
Oh, it doesn't matter how she looks now.
She's going home for a nice rest.
Joe, l've got to stop by school on the way home, so you'll be there before me.
Don't say anything to Dad, please.
Let me tell him all about it.
Sure, sure, and won't he be tickled pink.
You've done real well, real well, Jennifer.
Tiger Lil! She's all right, Jenny.
Where's Daddy? He saved the horses, all right, but he had another heart attack, and he didn't save himself.
He's He's dead.
Your uncle, Mr.
Pierson, called.
lf you feel up to it, he'd like you to come to his omice later.
Thanks, Roberta.
Are you leaving now? [sighs.]
It's hard to say goodbye sometimes.
- Some people don't even bother to.
- Oh, Roberta.
Oh, it's all right.
lt's all right.
You're not even 19 yet.
You've got your whole life ahead of you to live and enjoy.
He never came to see me, never even called once to say he was sorry, not once.
- Who? - Brad Shelby.
Oh, l We got along together so well, especially when we were at the races.
- Roberta, he liked me.
- Jennifer.
Jennifer.
You know Madelon Haines? The day before your father died, Madelon Haines was married in Las Vegas to Brad Shelby.
No.
No, it can't be.
She's older than he is, and she's not pretty at all.
And she's also a very wealthy woman with a big ranch and a string of race horses.
l don't know whatever it was that Brad said to you, but whatever it was, it was just his charming way of being irresistible to anything in a skirt.
Jenny, l'm very sorry.
Oh, Roberta, l feel like Jenny, listen, l have an idea.
This place is so big and empty, and you're all alone now.
l have a lovely apartment.
Why don't you move in with me? You can stay with me until well, until you get straightened out.
How about it? Okay, it's settled.
Good.
We'll call your uncle and we'll tell him you're moving and you'll come see him later.
Come here.
l'm sorry, Jennifer.
[Jennifer whimpers.]
Having to tell you this is the hardest part of being executor of your father's estate.
After all the obligations are met You mean there isn't any money left? None at all? What do l do, Uncle Emmett? You go on just as you have been.
But what about all those bills? That's my job.
Just wish your father had been as good a businessman as he was a horseman.
Why, Jenny you're not alone.
Jennifer, we've never been very close, or we'd know each other better.
We're family now.
We're the only family either of us has.
We've got to have faith in each other.
And the only thing l really have left is Tiger Lil.
l've made up my mind, Mr.
Durell.
l'm going to race her.
l've heard your father say, more than once, that the most expensive way to make money was to race horses.
Well, after he was sick, he told me that l could, told me some day l'd run the stable.
ls Joe Mead still training Tiger Lil? Yes, he's at the ranch with her now.
Daddy wanted me to race her at the fairgrounds for experience, before the big track.
Those are her only three races, and she won them all.
Jennifer, l have a surprise for you.
Your father planned it for you three years ago, when Tiger Lil was foaled.
He nominated her for the ''Presentation Stakes.
'' Paid all the fees in advance, everything.
Oh, this is wonderful.
Presentation why that's a $75,000 purse.
All you need to do is apply for stable space and get her over here with a trainer.
Oh, thank you, Mr.
Durell.
You don't know what this means to me.
Joe? Joe.
Well, hi, Jennifer.
Guess what? Lil is going to run in the Presentation Stakes.
The Presentation? Yes, she's eligible.
Daddy nominated her when she was a foal, but he never told me about it.
l've already applied for stable space.
You can get her ready and take her over early next - Joe, those are yours.
- l'm leaving.
But you can't leave.
You're Tiger Lil's trainer.
Jennifer, Tiger Lil's been sold.
- Sold? - To Brad Shelby.
Jennifer, she's gone.
Shelby came over early this morning and took her.
Why didn't you stop him? There wasn't anything l could do, Jenny.
Mr.
Pierson ordered me to turn her over.
But she's mine.
Tiger Lil belongs here.
She can't be sold.
Why, Jennifer Wakely, how nice to see you.
l came to see Brad.
My husband's busy at the stables.
Could you possibly talk to me about whatever it is? l didn't come to talk.
l came to get my filly back.
l admire your directness, Jenny.
Why is Tiger Lil so important to you? l should think there'd be many things more important than horses to an attractive girl like you.
Well, you're wrong.
Just as l was wrong when l thought there were more important things to you than money.
Look, l wanted to talk to you and tell you how sorry l am about your father.
He was my friend.
l miss him.
l miss you, too.
You know, l bought Lil to help you.
l don't want your help.
l came here to get what's already mine, Tiger Lil.
You have nothing to say about that filly.
l bought her, and that's the way it's going to stay.
l'll get Tiger Lil back, and you won't stop me.
Nobody will listen to me.
Can you help me, Mr.
Mason? Well, that depends.
Jennifer, in what condition is your father's estate? There's a big mortgage against the ranch and loans against the insurance.
The only thing l really have left is Tiger Lil.
Uncle Emmett didn't have any right to sell her, did he? That also depends.
You're a minor, Jennifer.
An executor, acting in your behalf, could dispose of properties on his own judgment, providing he can show the court that the transaction will benefit the estate.
Tiger Lil wasn't just property.
l raised her and l love her.
Doesn't that count? Uncle Emmett didn't even tell me.
What Mr.
Pierson did may have been thoughtless and unkind, but not necessarily illegal.
However, let me look into it.
l'll see him right away.
Wait for me at the apartment.
l'll get back to you there.
Horse breeding is a rich man's game.
My brother-in-law wasn't rich.
A good trainer, yes, but Jennifer's father simply had no head for business.
As you can see, there isn't much to work with.
When Shelby came to me with an omer of $50,000 to buy the horse, l really had no alternative but to sell.
l realize you had no alternative but to sell the other Wakely horses, Mr.
Pierson.
Why didn't you consult with Jennifer about the sale of Tiger Lil? Knowing how Jennifer felt about the horse, l believed it was kinder not to tell her until after it was done.
She's a badly upset young woman.
Yes, she took it much harder than l expected.
Of course l knew from the records about the Presentation Stakes.
l realize this is a great disappointment to her, but, Mr.
Mason, l'm not a gambler.
l'm a businessman.
[knock on door.]
Miss Harper, my name is Mason.
This is my secretary, Miss Street.
May we see Jennifer, please? Oh, she isn't here right now.
But we asked her to wait her for us.
Oh, she got a telephone call from some woman.
She was very excited, and from the way she was dressed and what she said, l'm pretty sure she may have gone out to the ranch, her ranch.
This woman who called do you know who it was? No, l don't.
Would you like to leave a message for her, Mr.
Mason? No, no, we'll we'll just run out to the ranch.
lt's mighty quiet.
Let's try the house.
You must be Joe Mead.
This is Miss Street, my name is Mason.
We're looking for Jennifer.
Well, she's staying in town with Roberta Harper.
We've been there.
It's about the sale of her horse.
Oh? What about it? l'd better talk to her first.
Any idea where she might be? No, l don't.
Excuse me, but l've got to get moving.
l've got a job driving a load of horses to San Bruno.
Just came back for some personal things that l Why, the horse trailer's gone.
[Street.]
The horse trailer? Perry, you don't think Jennifer would [Mason.]
Try to steal Tiger Lil? l don't know.
Joe, what's the quickest way to get to the Shamrock Stables? [screams.]
[screams.]
Madelon! Madelon! Madelon! [weeps.]
What is it, Vic? lt's Mr.
Shelby.
He's dead.
l didn't mean to do it.
l l didn't mean to do it.
l didn't mean to do it! [sobbing.]
Brad Shelby just sort of popped out at me.
l screamed, l guess.
l was scared.
He grabbed for the spreader, and we struggled.
Then l gave him a push, and he tripped and fell bac_ards, and l started running, but he came right after me.
Oh, l was frightened.
l just turned and threw the spreader at him.
Did you hit him? l don't know.
l didn't look.
l just ran to the house for help, but nobody was there.
After you threw the spreader, did Shelby keep on running after you? No, l didn't hear lf l had missed him, he wouldn't been running after me, so l must've No, Jennifer, it's unlikely that you hit him.
Mr.
Mason, couldn't he maybe have tripped and fallen on the spreader? Couldn't it have been an accident? No, Jennifer and the state will contend that Shelby was only trying to prevent his property from being stolen.
But l wasn't stealing, l was only doing what Madelon Shelby told me to do when she phoned.
Madelon Shelby called you? Yes.
And it was after that, that you left the apartment.
Yes, Mr.
Mason.
Madelon told me on the phone to come over to the ranch right away that night and take Lil.
She said that no one, at least for a few hours, would be at the Shamrock.
That's exactly what she said.
Yes, l did call her but l had absolutely no idea anything like this would happen.
You must've expected trouble with your husband at the ranch.
He wasn't supposed to be there.
We had a date to meet at the Red Coach Inn at 8:30 for dinner but he didn't show up.
You know, Mr.
Mason, Shamrock Stables didn't need Jennifer's filly.
When Jennifer protested the sale, l was pe_ectly willing to cancel it.
But why did you want Jennifer to pick up her horse secretly at night without telling anyone, not even your husband? At the time it just seemed like the simplest way.
There would be no one at the ranch.
She could pick up the horse without any inte_erence.
You see, Brad was going to ship some horses into Mexico at 6:OO in the morning.
l wanted to be sure that Tiger Lil didn't go with them.
Am l to understand that you decided to cancel the sale, but that your husband hadn't agreed to the cancellation? He was a headstrong man, but buying an unproven filly for $50,000 well, it just doesn't make sense.
ls $50,000 an unusual price? At the best, $10,000 would be a generous price for Tiger Lil.
$50,000 is preposterous.
Then why did you agree to it? l didn't.
Brad did it on his own, without consulting me or George Tabor, our trainer.
l didn't even know about the sale until Jennifer came to the house.
l only wanted to help Jennifer when l told her to come and get her filly.
l'm sorry about what happened.
l want to help her now, if l can.
That's very kind of you, Mrs.
Shelby.
Particularly if she has an uncle like that.
What do you mean? Emmett Pierson should know something about horses.
Does it strike you as being very honest to sell Tiger Lil for five times what the horse was worth? Because you didn't ask me, l guess.
l had the impression somehow that you knew how good a deal it was.
Why, had to approve the sale regardless of Jennifer's feelings.
Mr.
Pierson, did you know that Shelby was buying the horse without the knowledge of his wife or their trainer? Yes.
Considering the ridiculously high price you received, didn't that strike you as a little odd? Well, he knew the horse.
He'd watched her train at the Wakely Ranch before he married Madelon Haines.
That marriage was sudden, and, frankly, Shelby was out of his depth.
l believe that's why he wanted to do something big, entirely on his own, to prove himself at the Shamrock Stables.
l think that's why he insisted on closing the deal, admittedly an expensive on, before the Shamrock trainer, George Tabor, gets back from the East.
When is that? next week.
lf only l had been less of a businessman and more of an uncle.
At least l'm glad she has you, Mr.
Mason.
You don't think she did it, do you? l'm convinced she didn't.
Well, then lt's just that the Sherims Omice and the District Attorney might not agree with me.
But facts are facts.
Her fingerprints are all over the handle of that spreader.
As far as we're concerned, she was the last person to handle the murder weapon.
l thought you'd like to know, the District Attorney's going ahead with a hearing.
That's very kind of you, Sergeant Landro.
See you, Counselor.
Come in, won't you? Hello, Mr.
Mason.
Thank you for stopping by, Miss Harper.
Have you seen Jennifer? How is she? All right, l think.
l'm on my way to see her now with a few things they said she might need.
l'll only keep you a moment.
Won't you sit down, please? Miss Harper, how long were you secretary to Jennifer's father? Almost two years.
Then you were there when they first met Brad Shelby.
Did they meet through you? Yes.
The police know.
l guess you might as well, too.
Mr.
Mason, Brad Shelby and l were married about seven years ago, for one month.
Then we just called it quits.
About a year or so ago he saw me at the track with Mr.
Wakely and Jennifer.
lt was a casual sort of thing.
l introduced him.
They liked him.
He was no good, but he was a real charmer.
Did Jennifer or her father know that you had been married to Shelby? No.
l was ashamed of it.
Believe me, Mr.
Mason.
l would've said something.
l would have told them what kind of guy he was, if it had dawned on me.
Jennifer was old enou l know what you're thinking, Mr.
Mason.
His sudden marriage to Madelon Haines was a shock, but Jennifer took it very well.
And then, Miss Harber? Then she found out he bought Tiger Lil.
Oh, of all the people in the world, why did he have to buy her filly? That's a good question.
[intercom buzzes.]
Yes, Gertie.
Just a minute.
lt's Paul.
Excuse me.
Yes, Paul.
This is it so far, Perry.
Madelon Shelby was at the Red Coach last night.
She arrived there about 8:30 and left a little past 9:OO.
l don't know where she went after that.
Victor and the two stable hands were at a poker game, which broke up early.
George Tabor left the ranch just before noon, but l haven't been able to find out where he went.
- George Tabor? - Yeah, the Shamrock trainer.
He wasn't due back until next week.
Well, l wouldn't know about that, but he flew in yesterday morning, was at the ranch from around 10:OO, a little before noon, and then went into town some place.
What about Joe Mead? Due back any time now.
l was just on my way out to the ranch to see him.
All right, Paul, swing by the omice.
l'll go with you.
Look, why don't you get out of here, Tabor? Not until we settle this business about the filly, Joe.
You knew about Tiger Lil.
You kept your mouth shut and let her be sold.
lt was none of my business, and it wasn't your money, so it's none of your business either.
Well, l'm making it my business.
Oh, l get it.
You want to be a hero.
Everybody knows you've been sweet on Madelon for years.
Now that her young husband's out of the way, you fig Hold it.
Joe, this is Paul Drake.
- Hi.
- Howdy.
- Who's your friend? - That's George Tabor.
He's trainer for Shamrock.
What was all the muscle about? lt's personal private matter.
Why did Tabor come to see you? Well, he didn't like the idea of Shamrock Stables buying Jennifer's filly, and he figured l had something to do with the sale.
- Did you? - No.
First l knew of any sale was when Mr.
Pierson called up and ordered me to turn the filly over to Shelby.
How well did you know Brad Shelby, Joe? He hung around here at the ranch.
You sure you didn't know him before that, know enough about his past, perhaps, to convince him that $50,000 was a fair price for Tiger Lil? Fifty thous Mr.
Mason, l told you, l had nothing to do with that sale.
George Tabor didn't think so, did he? l've sent for George Tabor.
He'll be here in a minute.
Would you mind telling me why you wanted to see him? Since our talk this morning, l've learned that Mr.
Tabor returned yesterday.
- That's right.
- Quite unexpectedly.
Yes.
He finished up early and came on home.
We were hoping he could shed some light on a rather puzzling aspect of the sale of Jennifer's filly.
But George was out of town when the sale was made.
That's true, but he was at the Wakely Ranch Iess than an hour ago talking very emphatically to Joe Mead about it.
George, this is Mr.
Perry Mason, Jennifer Wakely's attorney, and Mr.
Drake.
You have an enviable reputation, Mr.
Tabor.
l understand the Shamrock Stables have never purchased a horse without your okay, that is until they bought Tiger Lil.
- Would you get to your point, Mr.
Mason? - Is that why you went to see Joe Mead? That's none of your business.
George.
You talked to Joe Mead.
What did he tell you? Among other things, that he had nothing to do with the sale.
He's a liar! [Drake.]
Mr.
Tabor, you were amully mad about something.
Was it possibly because Mr.
Shelby took advantage of your absence by making a very shrewd purchase of his own? ''Shrewd purchase.
'' Tiger Lil is a very promising filly.
l'm going to show you gentlemen something.
You got here just in time.
You might as well see it too, Madelon.
l'm going to show you what Mr.
Shelby paid $50,000 for.
[Tabor.]
Run her till l tell you to stop, Vic.
- [Tiger Lil neighing.]
- Something's wrong.
She's limping.
That's enough, Vic.
A fracture of the Os Pedis, Madelon, not serious enough to have her destroyed, but serious enough even if properly treated, chances are she'd never run again.
She's had that bone trouble for weeks, Mason.
That's what l went to see Joe Mead about.
Brad Shelby paid $50,000 for a horse that'll never run another race again as long as it lives.
Yes, we found clear prints, which we identified as those of the defendant.
[Burger.]
From the position of those prints, Sergeant Landro, could you tell how the spreader was held? Yes, at least once about like this.
l see.
Now, the autopsy surgeon testified that in his opinion, based on an examination of the fatal wounds, the spreader could not have been thrown from any distance, particularly by a woman, in order to inflict such wounds.
As a homicide expert, Sergeant Landro, do you agree with that opinion? Yes, that spreader wasn't thrown.
lt was thrust into the body at close range.
Thank you, Sergeant.
That'll be all.
Your witness.
Sergeant Landro, were there any other fingerprints on the metal handle of the spreader, other than those of the defendant? Yes, we found one set belonging to the decedent.
lf someone held the spreader like this, with their hands on the wood, not the metal, would you have picked up the fingerprints of that person? Well, the contour and surface of that wood are such that they don't lend themselves easily to retaining fingerprints.
[Mason.]
You didn't answer my question.
Someone could have held the spreader by the wood part of the handle, and we wouldn't have found any fingerprints.
Well, when l saw it was the Wakely trailer, l figured l'd better go over and see what was going on, and there she was, standing over Mr.
Shelby with that spreader sticking in him.
[Burger.]
Tell me this, why, when you saw the Wakely trailer, did you fell that you should go and see what was going on? Because Mr.
Shelby and Miss Wakely had a fight that afternoon about the filly.
Really? Did you happen to hear what was said during that fight? l did l did happen to hear Miss Wakely say that she'd get that filly back and that he wouldn't stop her.
Oh, boy, was she She was crying mad when she left that ranch.
Now, Miss Harper, when Miss Wakely returned to the apartment, after discovering that her horse had been sold, did she tell you anything about going to see Brad Shelby? - Yes.
- What did she tell you about it? Oh, something about he wouldn't let her take Lil back.
Miss Harper, l'm not interested in ''something about.
'' l want to know exactly what she said.
She said ''l thought l hated Brad Shelby when he married Madelon Haines.
l didn't know how much l hated him until now.
ln other words, Mrs.
Shelby, you made arrangements to return the horse, out of your sympathy for the defendant's love for the animal and in the belief that no one would be present at the stable during those few hours that night to interfere with her taking the animal.
- Is that correct? - Yes.
l think that'll be all, Mrs.
Shelby.
Thank you.
Cross-examine.
Jennifer stated to you that she would go along with your arrangements? When Roberta called her to the phone and l told her she was quite excited and said she'd come right out.
Mrs.
Shelby, were you also concerned that Jennifer get her horse that night because your husband planned to ship some horses to Mexico the next morning and you wanted to be sure that Tiger Lil didn't go with them? Yes, that's right.
When did your trainer George Tabor get back from the East? That morning, about 10:OO.
Mrs.
Shelby, is it possible that your husband knew that he had bought a crippled horse and, with George Tabor's unexpected return, knew that he had to get that horse away before it was discovered? - Objection, Your Honor.
- l'll withdraw the question.
You say you went to the Red Coach Inn at 8:30 to meet your husband.
You waited until nine, then drove to several other places Iooking for him and arrived home a little after 10:OO.
How long does it take to drive from your ranch to the Red Coach Inn? About 20 minutes, normally.
Then why did you leave the ranch at T:OO for an 8:30 appointment? [Madelon.]
l stopped for a drink.
[Mason.]
At a place called The Tambourine.
Did you meet someone there? - l met George Tabor.
- Why, Mrs.
Shelby? l object, Your Honor.
That's improper cross-examination.
Your Honor George Tabor is the Sha!mrock trainer.
Mr.
Burger himself felt that the whereabouts of the Shamrock stam was important enough to bring it out in direct examination.
Only where it bore on matters germane to this case, Your Honor.
lf you can show relevancy, Mr.
Mason, l will overrule the objection.
Why did you see George Tabor before you went on to meet your husband? Well, he came back from the trip early.
l wanted to find out how it had gone.
Couldn't you have done that at the ranch when he arrived that morning? He went back into town before l had a chance to talk to him.
Mrs.
Shelby, isn't it true that George Tabor had checked into a hotel that afternoon with every intention of not returning to the ranch? Yet he called there at 4:OO.
Now, l ask you again, why did you meet George Tabor? He called and told me that Brad had fired him.
l had to see him and straighten it out.
And was he still fired when you left to meet your husband? No, he wasn't.
When you told Jennifer Wakely that she could have her horse back, did you ask her to return the $50,000, or in your sympathy for the girl, did you tell her she didn't have to return the money? Mr.
Mason, my husband was no businessman.
lt was worth that money, to me, to find out the truth before it was too late.
lt had become increasingly apparent to me that l was going to have to take control again, and in running my ranch, l need George Tabor.
What you mean then, Mr.
Tabor, is that an injury such as you have described, while not apparent superficially, would disable the filly as far as racing is concerned? - Is that correct? - That's right.
How did you happen to discover the injury? Well, in the first place, l didn't like the conditions of the sale, and when l finally got to take a close look at the filly, she did favor one leg.
[Burger.]
So what did you do then? [Tabor.]
We moved her a few times.
She did seem to favor the leg a little, so we ran her, and she came up lame.
Would you say that running her was the only way to determine the nature of her injury? That's right aside from an X-ray.
Then Mr.
Shelby, not being suspicious and not having X-rayed or run the filly, would have no way of knowing about it? Joe Mead knew she was lame.
Mr.
Tabor, would you mind confining your comments to answering my questions? Could even an expert have been able to tell that the filly was sumering from a fracture of the Os Pedis just by looking at her? [Tabor.]
Probably not.
l'd say no.
Thank you, Mr.
Tabor.
And now to put Mr.
Mason's mind at ease, what did you do that night after you saw Mrs.
Shelby? l had dinner went back to my hotel, an!d went to bed.
And did you stay there all night, sir? Yes.
Thank you.
Mr.
Mason.
Mr.
Tabor, assuming that Tiger Lil were sound and you had wanted to buy her, what would you have considered a fair, even generous, price? She was very promising, but l doubt if l would have gone as high as 10,000.
Now, in your earlier testimony, precisely what did you mean in saying, ''when l finally got a chance to take a look at the filly''? l started to look her over the morning l got back, but Shelby stopped me.
He said that could wait, that he had some errands for me to run in town.
Later, as you know, he came into town and fired me.
And after he fired you, you checked into the hotel? That's right, and he made it pretty clear that l wasn't to pick up my things the next day, when he'd be there.
Then, if Tiger Lil had been shipped to Mexico the next morning at 6:OO, as Mr.
Shelby planned, you'd never have had a chance to look her over.
Thank you, Mr.
Tabor.
l have some questions on re-direct, Your Honor.
Mr.
Tabor, for some reason Mr.
Mason would have us believe that the decedent went to fantastic lengths to keep you from looking at a horse.
Now, when you went into that stall and he stopped you by saying that he had errands for you to do in town, did he indeed have errands for you to do in town? He did.
And when he fired you, did he give you a reason? [Tabor.]
He said that l wasn't needed anymore, that he was taking over the duties of trainer himself.
Did he ever once tell you to stay away from that filly? No.
[Burger.]
Thank you.
Yes, l understand Miss Wakely was upset because her filly had been sold, but you knew the filly had been injured in the fire, Mr.
Mead, and was lame.
lt's hard for me to understand why you kept this a secret.
She lost her father in that fire, and l figured that was enough to take in one dose.
But, Mr.
Mead, you continued to keep quiet even when the horse came up for sale.
Certainly that wasn't to spare Mr.
Shelby's feelings, was it? l didn't have time to tell him even if l wanted to.
l didn't know he figured on buying her.
[Burger.]
Until you were actually told to turn her over to him? That's right.
When he picked her up, he was sure in no talking mood.
Then, as far as you knew at that time, neither Mr.
Shelby nor Miss Wakely knew the filly was lame.
[Mead.]
That's right.
After you told Miss Wakely that her filly had been sold, what did she do? She went in the tack room and called her uncle.
And did she mention Brad Shelby to you after making that phone call? Well, she was mad, and she didn't mean it.
l want to know what she said, Mr.
Mead.
Remember, now, you're under oath.
What were her words? Well, she said, ''Brad Shelby's not going to have Tiger Lil.
l'll get him back if l'' ''if l have to kill him.
'' Perry, there's something l don't understand.
lf Brad Shelby paid $50,000 for a horse he knew was lame, he couldn't have thought it was going to last forever, could he? All right, so he fired George Tabor.
Someone else was bound to spot it.
Your question contains four assumptions, only three of which happen to be true.
Don't tell me he didn't know the horse was lame.
Oh, l think he knew all right, Della.
Knowing was partly why Shelby was rushing om to Mexico.
l guess that he planned to involve Tiger Lil in some sort of unfortunate accident down there.
Of course.
lf he destroyed the horse, then nobody would know she was lame.
[door opens.]
Well, Paul, did you find out? Yeah, l found out, and l wish l hadn't.
Perry, for that girl's sake, just this once l wish you had been wrong.
Here's the stum you wanted on Emmett Pierson's finances.
Emmett Pierson? - Oh, no.
- Oh, yes.
Her only living relative, her legal guardian, and he's sure involved in some sort of a payom.
Paul, we've two days until Court reconvenes.
l'd like you to take a little trip.
Well, if it's not asking too much, would you mind telling me where? Why don't you start in Mexico? Mr.
Mason, are you ready to proceed? Joe, you stayed on at the ranch after the fire.
- You lived there? - That's right.
Did Emmett Pierson ever come to the ranch and examine Tiger Lil? No, he didn't.
Are you certain? - Surely you weren't there all of the time.
- Well, no.
Were you ever away when Emmett Pierson knew you would be gone? Y-Yeah, l was the day l took the mares to the auction, just three days before Tiger Lil was sold.
You sure Mr.
Pierson knew that you would be gone? He's the one who told me to go.
[Mason.]
Thank you, Joe.
Mr.
Pierson, before we get down to matters that actually pertain to this case,.
let's see if we can once again clear the atmosphere of the confusing innuendos with which Mr.
Mason continually tries to obscure the simple facts.
Did you ever deliberately order Joe Mead away from Wakely Ranch for the purpose of examining Tiger Lil in secret? As a matter of fact, l did.
Oh.
Just a minute, Mr.
Pierson, you never discussed this with me.
You mean you you examined the filly before the sale? - You knew she was lame? - Yes, sir.
Did you tell Mr.
Shelby? [Pierson.]
He was the one who told me about it.
He said he wanted to buy the horse because he felt he owed Jennifer something for treating her the way he did.
Oh, you mean the sale of the horse was actually a cover-up for a gift.
Yes, sir.
Now, Mr.
Pierson, think carefully.
Did Miss Wakely know the horse was lame? No, sir.
Then nothing's been changed, has it? lt still remains a simple fact that when the defendant met Brad Shelby at the stable that night, she was taking back what she thought was a sound and promising race horse, and her way was being blocked by the man she hated.
l have no further questions of this witness at this time, Your Honor.
Mr.
Mason.
Mr.
Pierson, you were named executor of Howard Wakely's estate, were you not? Yes, sir.
What shape was that estate in? Will there be enough left to provide for Jennifer? Well, actually, after taxes and Taxes, Mr.
Pierson? lnheritance taxes? Well, l not inheritance taxes, no, but lncome taxes, Mr.
Pierson, the three years of income taxes Howard Wakely still owed the government when he died? Are those the taxes you were going to refer to? Yes.
And then there was the matter of the mortgage on the property, both cars, and just about every tangible asset your brother-in-law owned.
ls all this necessary? Hasn't the poor child been hurt enough? - Have those overdue taxes been paid? - Yes.
- Mortgage on the house been paid up? - Yes.
Where did you get the money for all this, Mr.
Pierson? Basically from the sale of the horse.
From the sale of the horse, Mr.
Pierson, or was that money yours? No, no, no, you're As obviously fond as you seem to be of your niece, Mr.
Pierson, and knowing how deeply attached she was to her horse Tiger Lil, tell me this why did you agree to sell the filly? He wanted it.
He bought it.
So he did, Mr.
Pierson.
So he did, for $50,000.
That was the price, wasn't it? The Court Reporter can't record a movement of your head, Mr.
Pierson.
You'll have to answer vocally.
Now, $50,000 was the price for Tiger Lil, wasn't it? Yes.
Why then, on the day Brad Shelby gave you a check for $50,000, did you liquidate your entire life's savings your bank accounts, bonds and stock, your real estate, every penny you had? To whom did you give your life's savings? To whom did you give $40,000 in cash? Your Honor, l should like to recall Roberta Harper to the stand.
You were secretary to Jennifer's father, Howard Wakely, for two years.
During that time, did the late Howard Wakely ever receive from an insurance doctor a report on the physical condition of his brother-in-law Emmett Pierson? Yes, l think he did Yes, l'm sure of it.
Mr.
Pierson was trying to take out a big policy on his own life, naming his niece, Jennifer, as beneficiary.
''Trying,'' Roberta? He was turned down, l think.
An uninsurable man, trying to help his niece, worried about her security.
Had Emmett Pierson ever been involved in any business dealings where a race horse was concerned with the late Howard Wakely? No, not that l know of.
Had he ever been involved in a race horse deal with Brad Shelby? l was Brad Shelby's wife for a short period of time, not his secretary.
l know of no such deals.
Since you were Howard Wakely's secretary, l assume that where he was concerned, you were a little more familiar with his business dealings? Yes, that's right.
As secretary, you typed letters, took messages, placed and received many phone calls? Yes.
Would you say you were familiar with the voices of the people who called often during that time, familiar enough to identify them, l mean? Yes, by all means.
Who were some of those who called more or less regularly? Well, Mr.
Pierson and Dr.
Orson, Mr.
Wakely's broker Mr.
Atkins, Brad Shelby called, and Madelon Haines Mrs.
Shelby, that is and Jennifer, of course.
Then, Roberta, the telephone call Jennifer received in your apartment the night of the murder you knew it was Madelon.
You knew it was Madelon who called Jennifer.
Why did you lie to me? Madelon Shelby knew she was talking to you when she called to tell Jennifer to come and get her horse.
Why did you lie to Miss Street and me? Why did you say you didn't know the identity of the woman who had called Jennifer? l must have made a mistake.
Just like the mistake Brad Shelby made by marrying Madelon Haines, thinking you had divorced him? l did divorce him.
- Did you? Where? - In Mexico.
My investigator checked in Mexico.
He found out you started divorce proceedings seven years ago and suddenly dropped the action.
You never got the divorce.
No, l didn't.
Seven years ago, when l met Brad, l thought he had money, was rich.
He fooled me tricked me! He took every cent l'd scrimped and saved.
$10,000 he took from me, and then he walked out, and he left me alone and broke.
l started a divorce, and then l changed my mind.
Some day he'd want that divorce and and he'd pay for it, pay good.
When he married Madelon Haines and found out you'd never divorced him, how much did you ask him to pay? $40,000.
The 40,000 in cash Emmett Pierson gave Brad Shelby? [sighs.]
Yes.
Mr.
Pierson was going to turn over his life savings to Jennifer anyway, so it was an easy way for him to get an e_ra $10,000 for her and it was a way for Brad to write om $50,000 of Madelon's money.
[Mason.]
Brad Shelby's hurried trip to Mexico it was for more than just getting rid of Tiger Lil, wasn't it? lt was to obtain the quick divorce you had refused to go through with.
Yes.
And lying to me about that call that was to keep me from going to the Shamrock Stables that night because you had a date to meet Brad Shelby and collect your $40,000.
Roberta, before you killed him did he give you the money? Yes, l have the money, still have it.
He was drunk, ugly.
After he gave me the money, he heard Jennifer take her horse out of the stable.
He ran after her.
He grabbed at her.
She ran away toward the house.
l stopped him after she threw the spreader and missed him.
l was scared.
l was scared for Jennifer.
l threatened to tell Madelon if he didn't leave the girl alone.
He was furious.
He said, as long as l lived, l was a threat, l could tell Madelon that their marriage wasn't legal.
l said, ''l'll give you back the money.
'' l'd go away, l'd get the divorce, l'd never even see him again.
He just kept shaking his head and grinning.
He'd make sure.
That's what he said.
He'd make sure that l'd never be in the way.
l l was scared.
l picked up the spreader Jenny, believe me, l was frightened for you, but l couldn't say anything without giving back the money.
D-Don't you see? The money's mine.
lt's mine.
Roberta had a sick, desperate need for money, for security, so she stole from your brother-in-law's accounts.
l spotted the false entries on the books $10,000 missing.
Jenny had sumered enough already.
l couldn't let her think her father was dishonest.
l had to cover it at any cost.
What What made you suspect Roberta, Mr.
Mason? l believed that Jennifer was telling the truth, so someone else had to have been there that night.
When l realized that Roberta had lied about that call when we found that she had begun a divorce action in Mexico and then stopped it, it wasn't too dimicult to put the whole story together.
Agreeing to Shelby's proposition was a hard decision, Mr.
Mason.
l knew it was morally, if not legally, wrong, but l was desperate.
Tiger Lil was Jennifer's only asset.
Was? - Looks as though she's still an asset.
- [Tiger Lil neighing.]
What? lsn't it wonderful? Lil's going to be a mother.
Prospective father the Shamrock's best.
So we could start our new stables with a new blood line, that is if you'll be my partner, Uncle Emmett? So long.