Perry Mason (1957) s01e22 Episode Script
The Case of the Fugitive Nurse
JACKS: Stay right where you are.
- Hey, what is this? - Oh, no, you don't.
What is this? Police.
What's your name? Dave Kirby.
This the man, Mrs.
Morris? Yes, that's the man.
Lady, you got the wrong slant on this.
Me and your husband are buddies.
Look, I wouldn't take a nickel from Doc Morris.
All right, Kirby, turn around, hands against the wall.
- Now, wait a minute, you haven't got-- - Turn around.
- You live in this building? - No.
That key belongs to Doc Morris.
All right.
All right, I'm in no mood for a striptease.
Can I help you a little? I knew he was stealing from my husband.
That's a lie.
Why don't you keep your mouth shut? How much money is there? Depends on who's looking at it, Mrs.
Morris.
For a police sergeant, it comes close to about ten years' pay.
- All right, fella, let's go.
- You heard him.
Come on.
[TYPEWRITER KEYS CLACKING.]
Sign here.
And would you please sign over here too? Mrs.
Morris signing a crime report against Kirby, lieutenant? With enthusiasm.
There was over $92,000 in that guy's shorts.
Forget it.
Kirby's smelling like a rose.
- What are you talking about? - Dr.
Morris is outside.
He says he did send Kirby to the Coronet Apartments to get the money for him.
BREWER: You hear that? Yes.
- Wanna talk to the doc? - I most certainly do.
Dr.
Morris, would you come in here, please? Hello, Janet.
Charles.
I'm Lieutenant Brewer.
What's this I hear about Kirby? It was a regrettable mistake, lieutenant.
I explained matters to this officer.
Well, I wish you'd explain matters to me.
That apartment was rented in the name of M.
Morris.
That's my name.
BREWER: Only part of it.
Your first name is Charles.
And how come you forgot to mention that you're an M.
D.
? I prefer not to advertise.
Funny, your wife didn't know that was your apartment.
Mind telling me what you use it for? MORRIS: There are times, lieutenant, when a doctor likes to get away from it all.
The doctors I know never seem make it.
Apparently, I'm more fortunate.
All right, doctor.
I intend releasing Kirby, and I'll see that you get your money back.
I'd appreciate it.
But I also intend to inform the Treasury Department about you keeping all that cash in a wall safe in an unoccupied apartment.
They may be curious too.
This makes me look rather foolish.
On the contrary, Janet, I'm the one that looks foolish.
How did you find out about the apartment? - Well-- - There was no need to hire detectives.
- If you'd wanted a divorce-- - I don't want a divorce.
Oh, you just had me watched to keep me out of trouble.
You've got to believe I had no idea this man, Kirby, is a friend of yours.
You're a liar.
[DOOR CLOSES.]
JANET: All I've accomplished so far, Mr.
Mason, is to make matters worse.
How long has Dr.
Morris had that apartment? - About six months.
- What's he using it for? JANET: I don't wanna know.
Don't let me mislead you, Mr.
Mason.
I'm not the long-suffering wife.
If Charles looked around for someone else, it's no more than I deserve.
You have any idea who this someone else might be? - His nurse, Gladys Strome.
- You want a divorce? Not at all.
But thanks to my efforts, Charles is now having trouble with the income-tax people.
They would like to know where that $92,000 came from.
If they take legal action, I want you to defend him.
I'm sure Dr.
Morris will wish to retain his own lawyer.
But that money is community property, half of it's mine.
Where can I find him? You can get him at his office, but you'll have to do it before Friday.
He goes to Salt Lake City for a medical convention.
All right.
I'll do what I can.
That's all I ask.
Thank you, Mr.
Mason.
- Goodbye, Miss Street.
- Goodbye.
[DOOR OPENS, CLOSES.]
What do you think, Della? I can't make up my mind.
I don't know whether she's genuinely interested in protecting her husband, or the money.
See if you can arrange an appointment with Dr.
Morris.
Good morning, doctor.
It is now, Gladys.
- What? - A good morning.
Oh, how can a woman fall in love with a face like that? [CHUCKLES.]
- Busy night? - Yes.
All dressed up in blue uniforms and brass buttons.
You've made the papers.
Also, there was a call from the Treasury Department about an hour ago.
I told them you weren't in yet.
Good old Lieutenant Brewer, a man of his word.
What happened to Kirby? I put him on the bus for Loganville at 3:00 this morning.
What are we going to do? Ever looked closely at a set of pathogenic bacteria? Yes, why? Minute organisms, whipping madly about but really going nowhere.
Still, the course of nature says that nothing can be really aimless.
So they must take a direction, and destroy or be destroyed.
Charles.
[DIALLING.]
Long distance.
I wanna speak person-to-person with David Kirby, at Kirby's Drive-ln Restaurant, Loganville, California.
Well, sure, doc.
Look, I've spent the night in jail before.
You don't have to apologise.
That's what friends are for.
Well, I can catch the next bus and be back in L.
A.
again by 5.
Of course the old lady won't mind.
I just get in her hair.
Surely, now.
I'll see you later.
Bye.
[SNIFFLES.]
[SNIFFLES.]
So I can't turn my back for a minute, can I? - Now, honeybunch.
- Oh, don't "honeybunch" me.
I knew I should've changed the combination on that thing.
Give it to me, David.
I need bus fare.
I gotta go back to Los Angeles.
Doc Morris wants me to do something for him.
You're not going.
Not on my money.
Angela, I promised.
What about all the promises you made me? Dave, you've got to stay away from Dr.
Morris.
I'm telling you, he's no good.
Any married man who would-- Now, don't say that, honeybunch.
If it wasn't for the doc, I wouldn't be alive today.
Enough steel in me to build a jail.
Yeah, and that's where you spent last night, thanks to him.
Oh, honey-- Will you fix the screens? The flies are nibbling me to death.
Take my advice, and send that by air express.
All right, Dave, anything you say.
Oh, I'm sorry, this office is closed.
- Is Dr.
Morris in? - No, he isn't.
I'm Mrs.
Morris.
Well, I guess I better run along.
You're Gladys Strome, aren't you? Don't worry, I'm not gonna make a scene.
I wasn't worried at all, Mrs.
Morris.
- May I? - Please.
Thank you.
You know, you're nothing like I pictured you.
What did you expect? Somebody very blond with clutching hands.
- I'm sorry to disappoint you.
- I'm sorry too.
If you were that type, you'd be fairly easy to deal with.
Miss Strome, can I ask you for a favour? That all depends.
I want you to leave my husband.
I must say, I admire your nerve.
I've been working for Dr.
Morris for almost a year now, and to my knowledge, this is the first time you've been here.
And this is where he spends most of his life.
May I say a word in my own defence? - I was very young when-- - You still are.
You'd be surprised how much older I've gotten this last year.
I realise the mistakes I've made.
I want a chance to make up for them.
It's too late.
You had your chance.
I'm entitled to mine.
You asked me for a favour.
Now I'm going to ask you for one.
Give him a divorce.
Charles doesn't want you.
Can't you understand that? Can't you understand--? The minister said, "Till death do us part.
" I believe he meant that literally.
Is there anything else, Mrs.
Morris? No.
I think I've said it all.
- Hello, doctor.
- Hello, Mr.
Reese.
Hello, Charles.
Coming all the way out here to see me off is a little out of character, isn't it, Janet? Well, I thought I'd bring you some hot coffee for your trip.
Just like old times.
You didn't come out here to bring me coffee, Janet.
Miss Strome tell you I was in the office last night? She told me.
Ever since I talked to her, I've been thinking things over.
I realise I've been very selfish.
I've retained a lawyer, Perry Mason.
Has he been in touch with you? He phoned.
I was too busy to see him.
Where can he get hold of you in Salt Lake City? At the Townsend Hotel.
Why? I've asked him to start divorce proceedings.
Once again, please.
- Isn't that what you want? - What have you got up your sleeve? Nothing, I just realised that I've been wrong.
If I can't make you happy, maybe somebody else can.
And you've already asked Mason to start proceedings? - Yes.
- All right.
Let's talk to him.
There's a phone in the operations shack.
All right, I haven't talked to Mr.
Mason yet about a divorce.
I only reached the decision last night.
What earthly purpose could I have in lying? I don't know.
But I'll find out in the long run, and I'm sure it'll cost me dearly.
Goodbye, Janet, and thanks for the wifely gesture.
I'm looking for the airport manager.
I'm the airport manager, Phillip Connors Reese.
You wanted to see me? I'm Lieutenant Tragg.
Oh, yes, lieutenant.
I hope I haven't put you out.
That was an airplane at one time.
It belonged to Dr.
Charles Morris.
The aeronautic authorities are investigating the case.
But there are some facts about this accident that, well, they disturb me.
Such as? Well, Dr.
Morris was talking to a radio checkpoint seconds before the crash.
I talked to the radio operator, and he told me the doctor's exact words were, "I'm very tired.
I can hardly keep my eyes open.
" Then he started to mumble.
Then everything was completely unintelligible.
Naturally, the authorities picked up the various personal effects, but I thought you might like to examine this.
Well, if Dr.
Morris was drugged, there could have been something in there.
Mrs.
Morris placed that vacuum bottle in the aircraft ten minutes before takeoff.
Where was Dr.
Morris at this time? On his way up to the operations shack.
Well, thank you, Mr.
Reese.
We'll be in touch.
TRAGG: I know your husband's death must have been a terrible shock to you, Mrs.
Morris.
It was a shock to everyone who knew him, lieutenant.
- He was a great man.
- He have any enemies? Of course not.
Why do you ask? Do you know anything about the effects of morphine sulphate? It's a narcotic.
Why? Your husband's body was almost completely destroyed, but the coroner managed to do an autopsy.
And he found morphine sulphate in the stomach.
Now, you brought your husband a container of coffee.
You think I put-- I think that if you know a good lawyer, you better call him.
The district attorney wants to see you.
[DIALLING.]
Information.
I'd like the telephone number of Mr.
Perry Mason, please.
It's Madison 5-1190.
[DIALLING.]
Did the district attorney keep you long? - About an hour.
- What did he ask you? Mostly about how my husband and I got along, and if Charles had ever asked me for a divorce.
- What was your answer? - That he didn't.
Now listen to me, Mrs.
Morris.
The district attorney's office can get the facts within five minutes.
Now I wanna know.
Did your husband ever ask you for a divorce? - I agreed to give him one.
- When? At the airport, just before he took off to Salt Lake City.
Did anyone overhear that conversation? I'm sorry, Mason, time is up.
I gave you a special concession seeing Mrs.
Morris before she was processed into jail.
I-- I know it looks as though the world has just exploded in your face, but with time, we'll get to the bottom of all this.
That bit about time was sheer poetry.
I'm glad you liked it.
I don't suppose that I'm jeopardising the prosecutor's case by telling you that the doctor left Mrs.
Morris a sizeable estate.
It was half hers anyway.
But he didn't have to leave her his insurance.
He carried $125,000 worth.
And it was all payable to Mrs.
Morris? Well, guys have been murdered for less.
- Get my message last night? - I did.
- Been here since then? - Just about.
What did you find out about the nurse? Gladys Strome, age 34.
Graduated from St.
Mark's.
Been with the doctor since March of last year.
- Ever been married? - No.
She's the sole support of her mother and a younger brother.
Did you talk to Miss Strome? Couldn't.
She's away on vacation.
Away on vacation? Where? Mama didn't know.
Oh, did you hear about Dr.
Morris' will? Yes, Tragg told me he left everything to his wife.
Not quite.
He left a $50,000 bequest to Miss Strome.
That guy was really was loaded.
Hmm.
What happened to the $92,000 the doctor had Kirby pick up for him? - Found on the plane? - Nope.
Isn't likely that $92,000 in cash would burn without a trace.
PAUL: Perry, what are you getting at? This Kirby, what sort of a man is he? Harmless.
Likes to take a nip now and then.
MASON: Where does he live? - Loganville.
Kirby's Drive-ln.
Della, call the garage, have them bring my car around.
Paul, I'll look up Kirby.
You check further on Gladys Strome.
All right.
Hey, young man, you dropped these screws.
Thank you, ma'am, but I've got lots more.
I'm paying you on a time-and-material basis, and what I pay for, I would like to receive.
- Mrs.
Kirby? - Yeah.
- My name is Mason.
I'm an attorney.
- Well, I don't need any.
Good, because I already have a client.
Mrs.
Janet Morris.
Oh, I'm sorry.
Nowadays, you know, it isn't the making of money that concerns one, it's keeping others from taking it away.
Come on in.
Thank you.
- Did you just recently buy this place? - Yeah.
It must've called for quite an investment.
I had to put down $8,000 in cash.
That's a lot of chilli and beans.
Would you care for something? Our hamburgers are quite good.
They're only 35 cents, and that includes french fries.
No, thank you, I'm on a diet.
Mrs.
Kirby, I'm looking for your husband.
- Well, he's not here.
- Where I can find him? You might try skid row in Los Angeles.
He's on one of his lost weekends.
This must be a beaut.
There was $154 sales tax money in here.
When did you last see Mr.
Kirby? A week ago Monday.
He got a long-distance call from Dr.
Morris, and took off.
- That would have been the 16th? - Yeah.
I'd appreciate it if you'd let me know when you hear from him.
Why? Mr.
Kirby had seen a great deal of Dr.
Morris just before the fatal crash.
I'd like to talk with him about those meetings.
Are you implying that my husband had something to do with that? - I didn't say that.
- You didn't have to.
You guys are as slick as okra when it comes to pointing the finger of suspicion at somebody else.
Oh, Frederick.
Are you putting three whole pickles on every hamburger plate? - Yes, Mrs.
Kirby.
- Why? Well, to garnish the coleslaw.
Wouldn't three half slices do just as well? It's the waste that kills you, Frederick.
Yes, Mrs.
Kirby.
And speaking of waste, Mr.
Mason, that's all you and I are doing with one another's time.
- Goodbye.
- Goodbye.
Come right in, Mrs.
Kirby.
I think you'll find this chair comfortable.
And this is our district attorney, Mr.
Burger.
How are you, Mrs.
Kirby? Sit down, won't you? I don't understand this, that officer downstairs in the Missing Persons-- Now, there's nothing for you to worry about.
My husband's missing and you tell me there's nothing to worry about.
Well, what I meant was we want to help you.
You see, the last time your husband came to Los Angeles, he got himself in a little trouble.
It seems he picked up $92,000.
He did that as a favour to Dr.
Morris.
I'm not disputing that.
I just wondered if you had any idea what happened to that money.
What are you getting at? Well, just for the sake of argument, let's say that Dr.
Morris turned the money over to your husband.
Dr.
Morris is dead, and your husband feels no obligation to return the money.
Matter of fact, people might even think it gave Mr.
Kirby kind of a motive.
You trying to say my Dave could have killed Dr.
Morris for that money? - We're attempting to rule out-- - Don't pull the wool over my eyes.
My Dave has his faults, but he wouldn't hurt a fly, and he loved Dr.
Morris like a brother.
He did.
They flew in the war together.
- Let me ask you something-- - No, let me ask you something.
You're telling everybody you got a perfect case against Mrs.
Morris.
Now all of a sudden you're hinting Dave could be the murderer.
- I never said-- - What made you change your mind? You afraid of her lawyer, Mr.
Mason? Or did you think I was gonna sit still and let you smear my husband? If you've got no objections, I'm getting out of here.
[WHISTLES.]
- I didn't know Kirby was a flier.
- Oh, yes, he was a pilot in the war.
How long would it take you to drive up to Chatley? You mean where the plane crashed? Oh, two and a half, three hours.
Take two men with you.
I want you to comb the entire area.
Hmm.
Hey, Paul.
It's a good-luck medallion.
You know, a zodiac sign.
See, that's-- That's Leo.
I'm a Scorpio myself.
David Kirby, 1480 Clarke Avenue, Loganville, California.
- Well, I guess that clinches it.
- Yup.
What made Mason think of this bit, anyway? Well, he just figured that if Dr.
Morris were dead, it seemed strange his nurse didn't come tearing home from her vacation.
After all, she was supposed to be crazy about the guy.
Well, guess it proves that great minds run in the same channel.
Burger had the same idea you fellas had.
Only he was a little late.
Oh, well, that depends on how you look at it.
You sure saved us a lot of work.
Well, I guess this belonged to the late Mr.
Kirby.
Is that the way you pegged it? - Aren't you embarrassed, lieutenant? - Embarrassed? Why? You fellows were so sure Dr.
Morris was killed in that plane.
Well, that doesn't make any real difference.
Murder is still murder.
Just because Mason's client picked the wrong man by mistake doesn't alter that one bit.
Let's go, boys.
Oh, I'll see you get your handkerchief back.
PAUL: Thanks.
I guess it wasn't very smart of me to lose my temper with Mr.
Burger.
But he had absolutely no right to make those insinuations about my Dave.
Mrs.
Kirby, did you ever see this before? Huh? - Where did you get this? - You better sit down.
- Where did you get it? - It was found about 200 yards from where Dr.
Morris' plane crashed.
Your husband was flying that plane.
No.
No.
[SOBS.]
Ooh.
BURGER: The State will prove, beyond reasonable doubt, that Janet Morris did murder David Kirby in an attempt to kill her own husband.
We shall prove further that Mrs.
Morris actually believed her husband was flying that plane to Salt Lake City, and that she was aware that she was residuary legatee of his will and sole beneficiary of his insurance.
Mr.
Reese, you are the manager of the airfield where Dr.
Morris kept his plane.
Is that correct? Yes, sir.
I also handle operations and run the coffee shop.
- It's a very small field.
- I see.
And what time did Dr.
Morris' plane take off? Well, I issued permission for his takeoff at 2:17 p.
m.
The plane left the ground at 2:24 and one-half p.
m.
Would you have any idea how many people were there at about that time? Oh, yes.
There were several people.
Eleven, to be exact.
That is, in addition to our regular staff.
And among that number, did you see the defendant? I did.
- When did you first notice her? - When she parked her car.
It was a blue Buick convertible with white and blue upholstery.
Licence number JRZ 426.
She parked right next to a Pontiac station waggon.
Licence number XYL 116.
I see.
Well, when did you see Mrs.
Morris next? About 15 minutes before takeoff.
She was talking to Dr.
Morris on the field.
They talked for a while and then when the doctor went in to file his flight plan, Mrs.
Morris placed a vacuum bottle in the doctor's plane.
- Do you recognise this? - Yes, sir.
That's the vacuum bottle that the authorities found in the aircraft.
Thank you.
Your witness, Mr.
Mason.
Mr.
Reese, don't you think it's unusual for a person to be able to recall someone else's licence number so readily? Well, yes, sir.
I have a photographic memory.
A photographic memory? Well, would you be so kind as to demonstrate this gift of yours for us? Why certainly.
You've been interrogated by the district attorney.
Without looking at him, please answer these questions.
- What is the colour of his suit? - Charcoal grey.
- Colour of his necktie? - Gold and black striped.
The second button on his left sleeve is loose.
That's very good, Mr.
Reese.
But since you're so observant, would you please explain why you failed to notice the substitution of David Kirby for Dr.
Morris in the plane? Well, I wasn't there.
Hank, that's my assistant, called me in the office.
He was having trouble with Form 13-28.
Then you actually did not see the takeoff.
No, sir.
Perhaps you noticed the defendant slipping some morphine sulphate - into that vacuum bottle? - Well, no, sir.
So as far as you know, there was no morphine sulphate - in the bottle at all.
- No, sir.
As a matter of fact, you can't even say for sure the bottle contained coffee.
- No.
- No further questions.
I call Lieutenant Arthur Tragg to the stand, please.
If Your Honour, please, it is nearly 5:00.
I wonder if the court would care to take an adjournment, so that the entire testimony of the witness can be heard at one time.
Why, that's very considerate of the counsellor.
But my direct examination will take less than half an hour.
I'm afraid my cross-examination may be quite lengthy.
Court's adjourned until 10:00 Monday morning.
- Well, that gives us another 48 hours.
- What good will that do? Mrs.
Morris, we need all the time we can get.
Now, just hold on.
Perry.
No dice, sir.
I couldn't get a lead on the doc or Miss Strome.
They've got to be somewhere, Paul.
Dr.
Morris had at least $92 thousand in cash and a wife who wouldn't give him a divorce.
He wanted to disappear.
So he had Kirby fly that plane to Salt Lake City.
What guarantee did Morris have that Kirby wouldn't give the show away? Well, there's always a chance.
Especially when Kirby was drinking.
But if Kirby's dead, that chance is eliminated.
You couldn't get a thing from Gladys Strome's family? No.
Where are they getting their money from? You told me that Gladys was their sole support.
Come on, Della.
MASON: When do you expect your daughter back, Mrs.
Strome? You think she'd tell me? That girl has no consideration.
Don't bolt your food, Arthur.
He has a very delicate constitution.
Yes, one can tell.
But your daughter's been gone for over a month.
Aren't you worried? Of course I'm worried, but that's what a mother has to put up with.
If you knew the sleepless nights I've spent on account of that girl.
You think she appreciates it? Not a bit.
And you haven't heard from Gladys since she went on vacation? Not so much as a postcard.
Too bad.
It would be worth $100 to me just to get in touch with her.
Arthur, have some more meat.
- Any more potatoes? - Sure.
You mean what you said about it being worth 100 bucks to locate Gladys? [QUIETLY.]
She's in Mexico.
Town called Boca de Oro.
She's using the name of Hennessy.
- How do you know? - Sent Mom some dough yesterday.
Come on, Della.
DELLA: Say goodbye to your mother for us.
I was rather expecting you or someone representing you, Mr.
Mason.
- Why? - We get the Los Angeles papers.
Thank you.
It's a strange feeling for a corpse, watching his wife being tried for his murder.
- But you're no longer the corpse.
- That's not Janet's fault.
- Police know where I am? - Not yet.
There are a few things I wanted to straighten out first.
- Such as? - Who killed Kirby? - Is there any question about that? - In my mind, yes.
Janet thought I was on that plane.
The fact still remains, you're very much alive.
Now, how did it happen that Kirby took your place? I had some money.
Ninety-two thousand dollars, to be exact.
On which I'd already paid the taxes.
I thought if Kirby flew my plane to Salt Lake and left a trail in the opposite direction-- Your wife wouldn't know where you were.
MORRIS: Exactly.
- But you're still married to Janet.
I got a divorce three weeks ago.
Right in Boca de Oro.
MASON: It isn't legal in California.
- That doesn't bother me.
I intend to reside permanently in Mexico.
- Does that answer all your questions? - Not quite.
Will you come back to Los Angeles to testify for Mrs.
Morris? I will not.
Then you're willing to see your wife go to the gas chamber? Janet isn't my wife anymore.
Gladys is.
- Will you come back? - Why should I? For the first time in my life I'm happy.
MASON: What kind of happiness can you build on someone else's misfortune? Please spare us the bromides.
Janet tried to kill Charles.
- Then why are you afraid to see her? - All right.
Gladys and I will take the first plane out of Boca de Oro tomorrow.
- I'll be looking for you.
Good night.
- Good night.
[DOOR OPENS, CLOSES.]
What did you say that for? We can't go back.
I said we'd take the first plane out of Boca de Oro.
I didn't say in which direction.
Della, let me have that last affidavit, will you, please? - Good morning.
- Good morning.
Morning The newspapers don't seem to think I have a chance.
When you were first arrested, I told you that time was our greatest ally.
If things go against us, I'll ask for a continuance.
On what grounds can you get a continuance? When the court learns that Dr.
Morris and Miss Strome are in Mexico, they'll wanna know why the two disappeared.
- They're in Mexico? - I'll tell you about it later.
And if they come back like he promised? I don't think we ought to count on it.
[RATTLING.]
Were you able to find out who purchased this bottle, lieutenant? Yes, sir.
The defendant.
She bought it at the Maxon Drug Store.
- What was the date of purchase? - February 19.
That's 24 hours before the murder.
Thank you, lieutenant.
Now, lieutenant, it has been stated that the body of the victim - was that of David Kirby.
- That's correct.
But the police originally listed the dead man as Dr.
Charles Morris.
Well, the body was burned beyond recognition and there was no reason to assume it was anyone else.
And since part of the coat had been torn off and was not destroyed in the explosion, it had been identified as belonging to Dr.
Morris.
And what made you finally decide that the victim was David Kirby? A little medallion that Mr.
Kirby wore.
And having established that fact, don't you feel that under the circumstances, - you should've talked to Dr.
Morris? - Well, yes.
Why didn't you make an effort to locate him? We did.
Perhaps you'll be interested in knowing that Dr.
Morris and his nurse, Gladys Strome, are presently residing in Boca de Oro, Mexico.
If I could find them, why couldn't the police, with all the facilities they have at their command? Your point is well-taken, Mr.
Mason.
And the answer is, we have.
[CROWD MURMURING.]
- I have no further questions.
- I call Dr.
Charles Morris.
The district attorney knows full well that Dr.
Morris is the husband of the defendant.
And as such, cannot be called upon to testify against her.
Your Honour, Dr.
Morris is no longer the husband of the defendant.
He now resides in Boca de Oro, Mexico.
On March 4th of this year, he obtained a divorce.
And that divorce is legal where he now resides.
But it is not legal in the state of California.
- He doesn't live in California.
- It makes no difference.
Gentlemen, gentlemen.
Your Honour, may I say one thing more? Mr.
Mason went to Mexico to try to get Dr.
Morris to come back with him to testify for the defendant.
If the doctor had agreed, Mr.
Mason would've maintained that he was perfectly qualified to be a witness.
Now when he sees that Dr.
Morris will testify for the prosecution, he changes his mind and says he cannot testify.
If it please the court, I am not a member of the legislature.
I do not make the laws.
I'm merely trying to use their provisions to protect my client.
This is a very fine point and I know that legal authorities are in disagreement.
However, despite Dr.
Morris' intent to reside permanently in Mexico, as far as this court is concerned, he's still married to the defendant.
- Very well.
I call Gladys Strome.
CLERK: Gladys Strome to the stand.
Raise your right hand.
Do you solemnly swear the testimony you're about to give is the truth, the whole truth and nothing but the truth? - I do.
- Be seated.
- Miss Strome-- - I prefer to be called Mrs.
Morris.
BURGER: Of course.
When did you marry Dr.
Morris? GLADYS: On the 4th of March of this year.
BURGER: How long had you known the doctor before that? Almost a year.
I was his nurse.
We worked side by side.
Do you think Dr.
Morris was happy in his marriage to the defendant? Obviously not.
He asked her for a divorce a number of times.
- And what was her answer? - Objection.
This is hearsay.
The witness would have no way of knowing the defendant's response.
Yes, I would.
I was on the extension phone whenever he talked to her.
As a matter of fact, didn't she personally tell you - how she felt on the subject? - Yes.
She came to the office the day before Charles and I left for Mexico.
- Do you recall what she said? - I do.
She told me that she would never give the doctor up.
- That only death would set him free.
- I didn't mean it like that.
BURGER: Thank you, Mrs.
Morris.
You may cross-examine.
- Now, Miss Strome.
- The name is Mrs.
Morris.
It's still Miss Strome in California.
When was the first time you went out with Dr.
Morris? About a month after I went to work for him.
- You knew he was married? - Yes.
- Yet you still went out with him? - I did.
Where did you spend most of those evenings? GLADYS: Various places.
Are you familiar with the apartment on Claring Avenue the doctor rented - under an assumed name? - It wasn't an assumed name.
MASON: He just omitted his first name and his medical degree.
Isn't that right? Now, weren't you surprised when you read that Kirby's body had been originally identified as that of Dr.
Morris? GLADYS: Of course.
Part of that identification was due to the fact that Kirby was wearing a suit belonging to Dr.
Morris.
Charles often gave him clothes.
When did the doctor give him that particular suit? I don't remember exactly.
MASON: Well, was Kirby wearing that suit on February 16th when he came to Los Angeles in answer to the doctor's telephone call? I told you, I don't remember.
Very well.
We'll let that pass for the moment.
Now, Miss Strome, I suppose that Mr.
Kirby thought a great deal of Dr.
Morris.
Naturally.
The doctor once saved his life.
Was Dr.
Morris treating him during his various visits to Los Angeles? Whenever Mr.
Kirby needed treatment.
Occasionally, Mr.
Kirby wouldn't be feeling well after he'd been drinking.
And how was Dr.
Morris treating him? Charles gave him a sedative to calm his nerves.
Did Dr.
Morris ever prescribe morphine sulphate for him? I don't recall.
Dr.
Morris had hundreds of patients.
I can't remember what he prescribed in every single case.
Your Honour, I have no other questions at the moment.
However, I may wish to recall this witness for further cross-examination.
You may step down, Miss Strome.
Mrs.
Kirby, did you ever see this before? Yes.
I bought it for David.
For the record, it's a medallion bearing the zodiac sign of Leo.
Inscribed, "David Kirby, 1048 Clarke Place, Loganville, California.
" I should like this marked for exhibit.
BURGER: Mrs.
Kirby, I know this is a painful subject for you.
But when did you first realise that your husband was the victim instead of Dr.
Morris? MRS.
KIRBY: When Lieutenant Tragg showed me the medallion.
BURGER: Up until that time, you believed your husband was alive? MRS.
KIRBY: Yes.
BURGER: You knew he was gonna fly Dr.
Morris' plane to Salt Lake City - on Friday the 20th? - No.
BURGER: Mrs.
Kirby, wouldn't you say that your husband's decision was a carefully-guarded secret, even from you? It would be virtually impossible for the defendant to know about the change in plans? Information.
I'd like the telephone number of Van Dorf & Cole Jewellers.
Yes, they're in Los Angeles.
Mrs.
Kirby, how long were you and your husband married? Eighteen years.
- Were you happy together? - Very.
You understand his problem about drinking? Yes.
He tried, but he couldn't help himself.
Sometimes he disappeared for days.
And when he came home from these sessions, did he take something to calm his nerves? Yes.
He took morphine sulphate.
Who prescribed this medication for him? Dr.
Morris.
- You're sure of that.
- I'm positive.
I took the prescription to the druggist myself one time.
Thank you, Mrs.
Kirby.
Oh, Mrs.
Kirby, did your husband carry any insurance? - I mean life insurance.
- Yeah, he might've had a small policy.
- How small? - Five thousand dollars.
What about his military insurance? He served in World War II, did he not? Yeah.
He had that too.
- That was for $10,000? - I'm not sure of the amount.
In other words, you haven't filed claims with insurance companies - for your husband's death.
- I didn't say that.
- You have filed claims? - Yes.
Oh.
Mrs.
Kirby, I-- I'm curious.
Curious as to why you bought this for your husband.
Do I have to have a special reason to buy a present for my husband? No, but I think you had a special reason for buying this one.
The reason being so your husband's body could be readily identified.
What are you saying? You knew your husband was flying Dr.
Morris' plane to Salt Lake City.
- He must've told you.
- That's not true.
You drove out to the airport to see him off.
You gave him this medallion-- a medallion made of platinum --so that it wouldn't be destroyed by fire.
You also gave him a bottle of whisky.
The morphine sulphate was in that bottle of whisky.
- Not the coffee.
- That isn't so.
Your plans went down the drain when this medallion was overlooked and the body was mistakenly identified as Dr.
Morris.
It created quite a problem for you, didn't it? No.
No.
I stand corrected.
It created no problem at all.
You just went to the Missing Persons Bureau and started the hunt for your husband.
That's when this medallion was found.
Only then could you claim his insurance.
That's a lie.
You can't prove a word of this.
Mrs.
Kirby, when did you give your husband this present? - I don't remember.
- Perhaps I can help you.
Now, look closely on the back of this medallion.
You'll see engraved the mark and name of the jewellers, Van Dorf & Cole.
Now, according to their records, this medallion was purchased and engraved on February 19th, delivered to you the morning of February 20th, the day of the crash.
Yet you testified you hadn't seen your husband since the 16th.
I didn't.
What kind of a car do you drive, Mrs.
Kirby? Pontiac station waggon.
All right, we'll get the manager of the airport back to the stand.
In case you haven't heard, he has a photographic memory.
He's already testified that Mrs.
Morris' car was parked next to a Pontiac station waggon, licence numbers XYL 116.
And according to the Department of Motor Vehicles, that car belongs to you.
We'll ask Mr.
Reese to look at both the car and you.
If Your Honour please, I should like to call Mr.
Phillip Reese back to the stand.
- Is Mr.
Reese in the court, please? - Don't bother! I built that drive-in up from nothing with my own two hands.
I work like a slave.
Dave couldn't be bothered.
Every time I ask him to do something he'll find an excuse.
Why should he be entitled to a half interest? He was no good to me alive.
I figured he might be worth something dead.
[EXHALES.]
Della.
Della.
Funny.
She didn't answer.
Well, she's not here.
You want me to go find her? Think you'd have better luck than you did with the fugitive nurse? Heh.
Touché.
Now, I still don't figure what made you suspect Mrs.
Kirby.
What would you say was her outstanding characteristic? The way she pinches pennies.
She's the tightest dame I've ever seen.
Exactly.
When I heard she'd given her husband a present, and an expensive one at that, I felt-- You felt she must have an ulterior motive.
And she wanted to make certain Kirby's body was discovered - so she could collect the insurance.
- Right you are.
Oh.
How did you know Reese had seen her at the airport that day? I didn't.
From my experience with Mr.
Reese, I was convinced he was a man who saw everything.
[DOOR OPENS.]
What's all this? In case you haven't noticed, I've been losing weight, Mr.
Mason.
In fact, I drop about 3 pounds after every one of your cases.
From working too hard? No, from coming back here and going without dinner.
So this time I brought my own.
Cold cuts, anyone? - Mm.
Thank you.
- Thank you.
- Bread, please.
- Pardon my fingers.
- Sure.
- May I? Thank you.
- Yeah, looks good.
- Mm-hm.
- Pardon me.
- Mm-hm.
- Hey, what is this? - Oh, no, you don't.
What is this? Police.
What's your name? Dave Kirby.
This the man, Mrs.
Morris? Yes, that's the man.
Lady, you got the wrong slant on this.
Me and your husband are buddies.
Look, I wouldn't take a nickel from Doc Morris.
All right, Kirby, turn around, hands against the wall.
- Now, wait a minute, you haven't got-- - Turn around.
- You live in this building? - No.
That key belongs to Doc Morris.
All right.
All right, I'm in no mood for a striptease.
Can I help you a little? I knew he was stealing from my husband.
That's a lie.
Why don't you keep your mouth shut? How much money is there? Depends on who's looking at it, Mrs.
Morris.
For a police sergeant, it comes close to about ten years' pay.
- All right, fella, let's go.
- You heard him.
Come on.
[TYPEWRITER KEYS CLACKING.]
Sign here.
And would you please sign over here too? Mrs.
Morris signing a crime report against Kirby, lieutenant? With enthusiasm.
There was over $92,000 in that guy's shorts.
Forget it.
Kirby's smelling like a rose.
- What are you talking about? - Dr.
Morris is outside.
He says he did send Kirby to the Coronet Apartments to get the money for him.
BREWER: You hear that? Yes.
- Wanna talk to the doc? - I most certainly do.
Dr.
Morris, would you come in here, please? Hello, Janet.
Charles.
I'm Lieutenant Brewer.
What's this I hear about Kirby? It was a regrettable mistake, lieutenant.
I explained matters to this officer.
Well, I wish you'd explain matters to me.
That apartment was rented in the name of M.
Morris.
That's my name.
BREWER: Only part of it.
Your first name is Charles.
And how come you forgot to mention that you're an M.
D.
? I prefer not to advertise.
Funny, your wife didn't know that was your apartment.
Mind telling me what you use it for? MORRIS: There are times, lieutenant, when a doctor likes to get away from it all.
The doctors I know never seem make it.
Apparently, I'm more fortunate.
All right, doctor.
I intend releasing Kirby, and I'll see that you get your money back.
I'd appreciate it.
But I also intend to inform the Treasury Department about you keeping all that cash in a wall safe in an unoccupied apartment.
They may be curious too.
This makes me look rather foolish.
On the contrary, Janet, I'm the one that looks foolish.
How did you find out about the apartment? - Well-- - There was no need to hire detectives.
- If you'd wanted a divorce-- - I don't want a divorce.
Oh, you just had me watched to keep me out of trouble.
You've got to believe I had no idea this man, Kirby, is a friend of yours.
You're a liar.
[DOOR CLOSES.]
JANET: All I've accomplished so far, Mr.
Mason, is to make matters worse.
How long has Dr.
Morris had that apartment? - About six months.
- What's he using it for? JANET: I don't wanna know.
Don't let me mislead you, Mr.
Mason.
I'm not the long-suffering wife.
If Charles looked around for someone else, it's no more than I deserve.
You have any idea who this someone else might be? - His nurse, Gladys Strome.
- You want a divorce? Not at all.
But thanks to my efforts, Charles is now having trouble with the income-tax people.
They would like to know where that $92,000 came from.
If they take legal action, I want you to defend him.
I'm sure Dr.
Morris will wish to retain his own lawyer.
But that money is community property, half of it's mine.
Where can I find him? You can get him at his office, but you'll have to do it before Friday.
He goes to Salt Lake City for a medical convention.
All right.
I'll do what I can.
That's all I ask.
Thank you, Mr.
Mason.
- Goodbye, Miss Street.
- Goodbye.
[DOOR OPENS, CLOSES.]
What do you think, Della? I can't make up my mind.
I don't know whether she's genuinely interested in protecting her husband, or the money.
See if you can arrange an appointment with Dr.
Morris.
Good morning, doctor.
It is now, Gladys.
- What? - A good morning.
Oh, how can a woman fall in love with a face like that? [CHUCKLES.]
- Busy night? - Yes.
All dressed up in blue uniforms and brass buttons.
You've made the papers.
Also, there was a call from the Treasury Department about an hour ago.
I told them you weren't in yet.
Good old Lieutenant Brewer, a man of his word.
What happened to Kirby? I put him on the bus for Loganville at 3:00 this morning.
What are we going to do? Ever looked closely at a set of pathogenic bacteria? Yes, why? Minute organisms, whipping madly about but really going nowhere.
Still, the course of nature says that nothing can be really aimless.
So they must take a direction, and destroy or be destroyed.
Charles.
[DIALLING.]
Long distance.
I wanna speak person-to-person with David Kirby, at Kirby's Drive-ln Restaurant, Loganville, California.
Well, sure, doc.
Look, I've spent the night in jail before.
You don't have to apologise.
That's what friends are for.
Well, I can catch the next bus and be back in L.
A.
again by 5.
Of course the old lady won't mind.
I just get in her hair.
Surely, now.
I'll see you later.
Bye.
[SNIFFLES.]
[SNIFFLES.]
So I can't turn my back for a minute, can I? - Now, honeybunch.
- Oh, don't "honeybunch" me.
I knew I should've changed the combination on that thing.
Give it to me, David.
I need bus fare.
I gotta go back to Los Angeles.
Doc Morris wants me to do something for him.
You're not going.
Not on my money.
Angela, I promised.
What about all the promises you made me? Dave, you've got to stay away from Dr.
Morris.
I'm telling you, he's no good.
Any married man who would-- Now, don't say that, honeybunch.
If it wasn't for the doc, I wouldn't be alive today.
Enough steel in me to build a jail.
Yeah, and that's where you spent last night, thanks to him.
Oh, honey-- Will you fix the screens? The flies are nibbling me to death.
Take my advice, and send that by air express.
All right, Dave, anything you say.
Oh, I'm sorry, this office is closed.
- Is Dr.
Morris in? - No, he isn't.
I'm Mrs.
Morris.
Well, I guess I better run along.
You're Gladys Strome, aren't you? Don't worry, I'm not gonna make a scene.
I wasn't worried at all, Mrs.
Morris.
- May I? - Please.
Thank you.
You know, you're nothing like I pictured you.
What did you expect? Somebody very blond with clutching hands.
- I'm sorry to disappoint you.
- I'm sorry too.
If you were that type, you'd be fairly easy to deal with.
Miss Strome, can I ask you for a favour? That all depends.
I want you to leave my husband.
I must say, I admire your nerve.
I've been working for Dr.
Morris for almost a year now, and to my knowledge, this is the first time you've been here.
And this is where he spends most of his life.
May I say a word in my own defence? - I was very young when-- - You still are.
You'd be surprised how much older I've gotten this last year.
I realise the mistakes I've made.
I want a chance to make up for them.
It's too late.
You had your chance.
I'm entitled to mine.
You asked me for a favour.
Now I'm going to ask you for one.
Give him a divorce.
Charles doesn't want you.
Can't you understand that? Can't you understand--? The minister said, "Till death do us part.
" I believe he meant that literally.
Is there anything else, Mrs.
Morris? No.
I think I've said it all.
- Hello, doctor.
- Hello, Mr.
Reese.
Hello, Charles.
Coming all the way out here to see me off is a little out of character, isn't it, Janet? Well, I thought I'd bring you some hot coffee for your trip.
Just like old times.
You didn't come out here to bring me coffee, Janet.
Miss Strome tell you I was in the office last night? She told me.
Ever since I talked to her, I've been thinking things over.
I realise I've been very selfish.
I've retained a lawyer, Perry Mason.
Has he been in touch with you? He phoned.
I was too busy to see him.
Where can he get hold of you in Salt Lake City? At the Townsend Hotel.
Why? I've asked him to start divorce proceedings.
Once again, please.
- Isn't that what you want? - What have you got up your sleeve? Nothing, I just realised that I've been wrong.
If I can't make you happy, maybe somebody else can.
And you've already asked Mason to start proceedings? - Yes.
- All right.
Let's talk to him.
There's a phone in the operations shack.
All right, I haven't talked to Mr.
Mason yet about a divorce.
I only reached the decision last night.
What earthly purpose could I have in lying? I don't know.
But I'll find out in the long run, and I'm sure it'll cost me dearly.
Goodbye, Janet, and thanks for the wifely gesture.
I'm looking for the airport manager.
I'm the airport manager, Phillip Connors Reese.
You wanted to see me? I'm Lieutenant Tragg.
Oh, yes, lieutenant.
I hope I haven't put you out.
That was an airplane at one time.
It belonged to Dr.
Charles Morris.
The aeronautic authorities are investigating the case.
But there are some facts about this accident that, well, they disturb me.
Such as? Well, Dr.
Morris was talking to a radio checkpoint seconds before the crash.
I talked to the radio operator, and he told me the doctor's exact words were, "I'm very tired.
I can hardly keep my eyes open.
" Then he started to mumble.
Then everything was completely unintelligible.
Naturally, the authorities picked up the various personal effects, but I thought you might like to examine this.
Well, if Dr.
Morris was drugged, there could have been something in there.
Mrs.
Morris placed that vacuum bottle in the aircraft ten minutes before takeoff.
Where was Dr.
Morris at this time? On his way up to the operations shack.
Well, thank you, Mr.
Reese.
We'll be in touch.
TRAGG: I know your husband's death must have been a terrible shock to you, Mrs.
Morris.
It was a shock to everyone who knew him, lieutenant.
- He was a great man.
- He have any enemies? Of course not.
Why do you ask? Do you know anything about the effects of morphine sulphate? It's a narcotic.
Why? Your husband's body was almost completely destroyed, but the coroner managed to do an autopsy.
And he found morphine sulphate in the stomach.
Now, you brought your husband a container of coffee.
You think I put-- I think that if you know a good lawyer, you better call him.
The district attorney wants to see you.
[DIALLING.]
Information.
I'd like the telephone number of Mr.
Perry Mason, please.
It's Madison 5-1190.
[DIALLING.]
Did the district attorney keep you long? - About an hour.
- What did he ask you? Mostly about how my husband and I got along, and if Charles had ever asked me for a divorce.
- What was your answer? - That he didn't.
Now listen to me, Mrs.
Morris.
The district attorney's office can get the facts within five minutes.
Now I wanna know.
Did your husband ever ask you for a divorce? - I agreed to give him one.
- When? At the airport, just before he took off to Salt Lake City.
Did anyone overhear that conversation? I'm sorry, Mason, time is up.
I gave you a special concession seeing Mrs.
Morris before she was processed into jail.
I-- I know it looks as though the world has just exploded in your face, but with time, we'll get to the bottom of all this.
That bit about time was sheer poetry.
I'm glad you liked it.
I don't suppose that I'm jeopardising the prosecutor's case by telling you that the doctor left Mrs.
Morris a sizeable estate.
It was half hers anyway.
But he didn't have to leave her his insurance.
He carried $125,000 worth.
And it was all payable to Mrs.
Morris? Well, guys have been murdered for less.
- Get my message last night? - I did.
- Been here since then? - Just about.
What did you find out about the nurse? Gladys Strome, age 34.
Graduated from St.
Mark's.
Been with the doctor since March of last year.
- Ever been married? - No.
She's the sole support of her mother and a younger brother.
Did you talk to Miss Strome? Couldn't.
She's away on vacation.
Away on vacation? Where? Mama didn't know.
Oh, did you hear about Dr.
Morris' will? Yes, Tragg told me he left everything to his wife.
Not quite.
He left a $50,000 bequest to Miss Strome.
That guy was really was loaded.
Hmm.
What happened to the $92,000 the doctor had Kirby pick up for him? - Found on the plane? - Nope.
Isn't likely that $92,000 in cash would burn without a trace.
PAUL: Perry, what are you getting at? This Kirby, what sort of a man is he? Harmless.
Likes to take a nip now and then.
MASON: Where does he live? - Loganville.
Kirby's Drive-ln.
Della, call the garage, have them bring my car around.
Paul, I'll look up Kirby.
You check further on Gladys Strome.
All right.
Hey, young man, you dropped these screws.
Thank you, ma'am, but I've got lots more.
I'm paying you on a time-and-material basis, and what I pay for, I would like to receive.
- Mrs.
Kirby? - Yeah.
- My name is Mason.
I'm an attorney.
- Well, I don't need any.
Good, because I already have a client.
Mrs.
Janet Morris.
Oh, I'm sorry.
Nowadays, you know, it isn't the making of money that concerns one, it's keeping others from taking it away.
Come on in.
Thank you.
- Did you just recently buy this place? - Yeah.
It must've called for quite an investment.
I had to put down $8,000 in cash.
That's a lot of chilli and beans.
Would you care for something? Our hamburgers are quite good.
They're only 35 cents, and that includes french fries.
No, thank you, I'm on a diet.
Mrs.
Kirby, I'm looking for your husband.
- Well, he's not here.
- Where I can find him? You might try skid row in Los Angeles.
He's on one of his lost weekends.
This must be a beaut.
There was $154 sales tax money in here.
When did you last see Mr.
Kirby? A week ago Monday.
He got a long-distance call from Dr.
Morris, and took off.
- That would have been the 16th? - Yeah.
I'd appreciate it if you'd let me know when you hear from him.
Why? Mr.
Kirby had seen a great deal of Dr.
Morris just before the fatal crash.
I'd like to talk with him about those meetings.
Are you implying that my husband had something to do with that? - I didn't say that.
- You didn't have to.
You guys are as slick as okra when it comes to pointing the finger of suspicion at somebody else.
Oh, Frederick.
Are you putting three whole pickles on every hamburger plate? - Yes, Mrs.
Kirby.
- Why? Well, to garnish the coleslaw.
Wouldn't three half slices do just as well? It's the waste that kills you, Frederick.
Yes, Mrs.
Kirby.
And speaking of waste, Mr.
Mason, that's all you and I are doing with one another's time.
- Goodbye.
- Goodbye.
Come right in, Mrs.
Kirby.
I think you'll find this chair comfortable.
And this is our district attorney, Mr.
Burger.
How are you, Mrs.
Kirby? Sit down, won't you? I don't understand this, that officer downstairs in the Missing Persons-- Now, there's nothing for you to worry about.
My husband's missing and you tell me there's nothing to worry about.
Well, what I meant was we want to help you.
You see, the last time your husband came to Los Angeles, he got himself in a little trouble.
It seems he picked up $92,000.
He did that as a favour to Dr.
Morris.
I'm not disputing that.
I just wondered if you had any idea what happened to that money.
What are you getting at? Well, just for the sake of argument, let's say that Dr.
Morris turned the money over to your husband.
Dr.
Morris is dead, and your husband feels no obligation to return the money.
Matter of fact, people might even think it gave Mr.
Kirby kind of a motive.
You trying to say my Dave could have killed Dr.
Morris for that money? - We're attempting to rule out-- - Don't pull the wool over my eyes.
My Dave has his faults, but he wouldn't hurt a fly, and he loved Dr.
Morris like a brother.
He did.
They flew in the war together.
- Let me ask you something-- - No, let me ask you something.
You're telling everybody you got a perfect case against Mrs.
Morris.
Now all of a sudden you're hinting Dave could be the murderer.
- I never said-- - What made you change your mind? You afraid of her lawyer, Mr.
Mason? Or did you think I was gonna sit still and let you smear my husband? If you've got no objections, I'm getting out of here.
[WHISTLES.]
- I didn't know Kirby was a flier.
- Oh, yes, he was a pilot in the war.
How long would it take you to drive up to Chatley? You mean where the plane crashed? Oh, two and a half, three hours.
Take two men with you.
I want you to comb the entire area.
Hmm.
Hey, Paul.
It's a good-luck medallion.
You know, a zodiac sign.
See, that's-- That's Leo.
I'm a Scorpio myself.
David Kirby, 1480 Clarke Avenue, Loganville, California.
- Well, I guess that clinches it.
- Yup.
What made Mason think of this bit, anyway? Well, he just figured that if Dr.
Morris were dead, it seemed strange his nurse didn't come tearing home from her vacation.
After all, she was supposed to be crazy about the guy.
Well, guess it proves that great minds run in the same channel.
Burger had the same idea you fellas had.
Only he was a little late.
Oh, well, that depends on how you look at it.
You sure saved us a lot of work.
Well, I guess this belonged to the late Mr.
Kirby.
Is that the way you pegged it? - Aren't you embarrassed, lieutenant? - Embarrassed? Why? You fellows were so sure Dr.
Morris was killed in that plane.
Well, that doesn't make any real difference.
Murder is still murder.
Just because Mason's client picked the wrong man by mistake doesn't alter that one bit.
Let's go, boys.
Oh, I'll see you get your handkerchief back.
PAUL: Thanks.
I guess it wasn't very smart of me to lose my temper with Mr.
Burger.
But he had absolutely no right to make those insinuations about my Dave.
Mrs.
Kirby, did you ever see this before? Huh? - Where did you get this? - You better sit down.
- Where did you get it? - It was found about 200 yards from where Dr.
Morris' plane crashed.
Your husband was flying that plane.
No.
No.
[SOBS.]
Ooh.
BURGER: The State will prove, beyond reasonable doubt, that Janet Morris did murder David Kirby in an attempt to kill her own husband.
We shall prove further that Mrs.
Morris actually believed her husband was flying that plane to Salt Lake City, and that she was aware that she was residuary legatee of his will and sole beneficiary of his insurance.
Mr.
Reese, you are the manager of the airfield where Dr.
Morris kept his plane.
Is that correct? Yes, sir.
I also handle operations and run the coffee shop.
- It's a very small field.
- I see.
And what time did Dr.
Morris' plane take off? Well, I issued permission for his takeoff at 2:17 p.
m.
The plane left the ground at 2:24 and one-half p.
m.
Would you have any idea how many people were there at about that time? Oh, yes.
There were several people.
Eleven, to be exact.
That is, in addition to our regular staff.
And among that number, did you see the defendant? I did.
- When did you first notice her? - When she parked her car.
It was a blue Buick convertible with white and blue upholstery.
Licence number JRZ 426.
She parked right next to a Pontiac station waggon.
Licence number XYL 116.
I see.
Well, when did you see Mrs.
Morris next? About 15 minutes before takeoff.
She was talking to Dr.
Morris on the field.
They talked for a while and then when the doctor went in to file his flight plan, Mrs.
Morris placed a vacuum bottle in the doctor's plane.
- Do you recognise this? - Yes, sir.
That's the vacuum bottle that the authorities found in the aircraft.
Thank you.
Your witness, Mr.
Mason.
Mr.
Reese, don't you think it's unusual for a person to be able to recall someone else's licence number so readily? Well, yes, sir.
I have a photographic memory.
A photographic memory? Well, would you be so kind as to demonstrate this gift of yours for us? Why certainly.
You've been interrogated by the district attorney.
Without looking at him, please answer these questions.
- What is the colour of his suit? - Charcoal grey.
- Colour of his necktie? - Gold and black striped.
The second button on his left sleeve is loose.
That's very good, Mr.
Reese.
But since you're so observant, would you please explain why you failed to notice the substitution of David Kirby for Dr.
Morris in the plane? Well, I wasn't there.
Hank, that's my assistant, called me in the office.
He was having trouble with Form 13-28.
Then you actually did not see the takeoff.
No, sir.
Perhaps you noticed the defendant slipping some morphine sulphate - into that vacuum bottle? - Well, no, sir.
So as far as you know, there was no morphine sulphate - in the bottle at all.
- No, sir.
As a matter of fact, you can't even say for sure the bottle contained coffee.
- No.
- No further questions.
I call Lieutenant Arthur Tragg to the stand, please.
If Your Honour, please, it is nearly 5:00.
I wonder if the court would care to take an adjournment, so that the entire testimony of the witness can be heard at one time.
Why, that's very considerate of the counsellor.
But my direct examination will take less than half an hour.
I'm afraid my cross-examination may be quite lengthy.
Court's adjourned until 10:00 Monday morning.
- Well, that gives us another 48 hours.
- What good will that do? Mrs.
Morris, we need all the time we can get.
Now, just hold on.
Perry.
No dice, sir.
I couldn't get a lead on the doc or Miss Strome.
They've got to be somewhere, Paul.
Dr.
Morris had at least $92 thousand in cash and a wife who wouldn't give him a divorce.
He wanted to disappear.
So he had Kirby fly that plane to Salt Lake City.
What guarantee did Morris have that Kirby wouldn't give the show away? Well, there's always a chance.
Especially when Kirby was drinking.
But if Kirby's dead, that chance is eliminated.
You couldn't get a thing from Gladys Strome's family? No.
Where are they getting their money from? You told me that Gladys was their sole support.
Come on, Della.
MASON: When do you expect your daughter back, Mrs.
Strome? You think she'd tell me? That girl has no consideration.
Don't bolt your food, Arthur.
He has a very delicate constitution.
Yes, one can tell.
But your daughter's been gone for over a month.
Aren't you worried? Of course I'm worried, but that's what a mother has to put up with.
If you knew the sleepless nights I've spent on account of that girl.
You think she appreciates it? Not a bit.
And you haven't heard from Gladys since she went on vacation? Not so much as a postcard.
Too bad.
It would be worth $100 to me just to get in touch with her.
Arthur, have some more meat.
- Any more potatoes? - Sure.
You mean what you said about it being worth 100 bucks to locate Gladys? [QUIETLY.]
She's in Mexico.
Town called Boca de Oro.
She's using the name of Hennessy.
- How do you know? - Sent Mom some dough yesterday.
Come on, Della.
DELLA: Say goodbye to your mother for us.
I was rather expecting you or someone representing you, Mr.
Mason.
- Why? - We get the Los Angeles papers.
Thank you.
It's a strange feeling for a corpse, watching his wife being tried for his murder.
- But you're no longer the corpse.
- That's not Janet's fault.
- Police know where I am? - Not yet.
There are a few things I wanted to straighten out first.
- Such as? - Who killed Kirby? - Is there any question about that? - In my mind, yes.
Janet thought I was on that plane.
The fact still remains, you're very much alive.
Now, how did it happen that Kirby took your place? I had some money.
Ninety-two thousand dollars, to be exact.
On which I'd already paid the taxes.
I thought if Kirby flew my plane to Salt Lake and left a trail in the opposite direction-- Your wife wouldn't know where you were.
MORRIS: Exactly.
- But you're still married to Janet.
I got a divorce three weeks ago.
Right in Boca de Oro.
MASON: It isn't legal in California.
- That doesn't bother me.
I intend to reside permanently in Mexico.
- Does that answer all your questions? - Not quite.
Will you come back to Los Angeles to testify for Mrs.
Morris? I will not.
Then you're willing to see your wife go to the gas chamber? Janet isn't my wife anymore.
Gladys is.
- Will you come back? - Why should I? For the first time in my life I'm happy.
MASON: What kind of happiness can you build on someone else's misfortune? Please spare us the bromides.
Janet tried to kill Charles.
- Then why are you afraid to see her? - All right.
Gladys and I will take the first plane out of Boca de Oro tomorrow.
- I'll be looking for you.
Good night.
- Good night.
[DOOR OPENS, CLOSES.]
What did you say that for? We can't go back.
I said we'd take the first plane out of Boca de Oro.
I didn't say in which direction.
Della, let me have that last affidavit, will you, please? - Good morning.
- Good morning.
Morning The newspapers don't seem to think I have a chance.
When you were first arrested, I told you that time was our greatest ally.
If things go against us, I'll ask for a continuance.
On what grounds can you get a continuance? When the court learns that Dr.
Morris and Miss Strome are in Mexico, they'll wanna know why the two disappeared.
- They're in Mexico? - I'll tell you about it later.
And if they come back like he promised? I don't think we ought to count on it.
[RATTLING.]
Were you able to find out who purchased this bottle, lieutenant? Yes, sir.
The defendant.
She bought it at the Maxon Drug Store.
- What was the date of purchase? - February 19.
That's 24 hours before the murder.
Thank you, lieutenant.
Now, lieutenant, it has been stated that the body of the victim - was that of David Kirby.
- That's correct.
But the police originally listed the dead man as Dr.
Charles Morris.
Well, the body was burned beyond recognition and there was no reason to assume it was anyone else.
And since part of the coat had been torn off and was not destroyed in the explosion, it had been identified as belonging to Dr.
Morris.
And what made you finally decide that the victim was David Kirby? A little medallion that Mr.
Kirby wore.
And having established that fact, don't you feel that under the circumstances, - you should've talked to Dr.
Morris? - Well, yes.
Why didn't you make an effort to locate him? We did.
Perhaps you'll be interested in knowing that Dr.
Morris and his nurse, Gladys Strome, are presently residing in Boca de Oro, Mexico.
If I could find them, why couldn't the police, with all the facilities they have at their command? Your point is well-taken, Mr.
Mason.
And the answer is, we have.
[CROWD MURMURING.]
- I have no further questions.
- I call Dr.
Charles Morris.
The district attorney knows full well that Dr.
Morris is the husband of the defendant.
And as such, cannot be called upon to testify against her.
Your Honour, Dr.
Morris is no longer the husband of the defendant.
He now resides in Boca de Oro, Mexico.
On March 4th of this year, he obtained a divorce.
And that divorce is legal where he now resides.
But it is not legal in the state of California.
- He doesn't live in California.
- It makes no difference.
Gentlemen, gentlemen.
Your Honour, may I say one thing more? Mr.
Mason went to Mexico to try to get Dr.
Morris to come back with him to testify for the defendant.
If the doctor had agreed, Mr.
Mason would've maintained that he was perfectly qualified to be a witness.
Now when he sees that Dr.
Morris will testify for the prosecution, he changes his mind and says he cannot testify.
If it please the court, I am not a member of the legislature.
I do not make the laws.
I'm merely trying to use their provisions to protect my client.
This is a very fine point and I know that legal authorities are in disagreement.
However, despite Dr.
Morris' intent to reside permanently in Mexico, as far as this court is concerned, he's still married to the defendant.
- Very well.
I call Gladys Strome.
CLERK: Gladys Strome to the stand.
Raise your right hand.
Do you solemnly swear the testimony you're about to give is the truth, the whole truth and nothing but the truth? - I do.
- Be seated.
- Miss Strome-- - I prefer to be called Mrs.
Morris.
BURGER: Of course.
When did you marry Dr.
Morris? GLADYS: On the 4th of March of this year.
BURGER: How long had you known the doctor before that? Almost a year.
I was his nurse.
We worked side by side.
Do you think Dr.
Morris was happy in his marriage to the defendant? Obviously not.
He asked her for a divorce a number of times.
- And what was her answer? - Objection.
This is hearsay.
The witness would have no way of knowing the defendant's response.
Yes, I would.
I was on the extension phone whenever he talked to her.
As a matter of fact, didn't she personally tell you - how she felt on the subject? - Yes.
She came to the office the day before Charles and I left for Mexico.
- Do you recall what she said? - I do.
She told me that she would never give the doctor up.
- That only death would set him free.
- I didn't mean it like that.
BURGER: Thank you, Mrs.
Morris.
You may cross-examine.
- Now, Miss Strome.
- The name is Mrs.
Morris.
It's still Miss Strome in California.
When was the first time you went out with Dr.
Morris? About a month after I went to work for him.
- You knew he was married? - Yes.
- Yet you still went out with him? - I did.
Where did you spend most of those evenings? GLADYS: Various places.
Are you familiar with the apartment on Claring Avenue the doctor rented - under an assumed name? - It wasn't an assumed name.
MASON: He just omitted his first name and his medical degree.
Isn't that right? Now, weren't you surprised when you read that Kirby's body had been originally identified as that of Dr.
Morris? GLADYS: Of course.
Part of that identification was due to the fact that Kirby was wearing a suit belonging to Dr.
Morris.
Charles often gave him clothes.
When did the doctor give him that particular suit? I don't remember exactly.
MASON: Well, was Kirby wearing that suit on February 16th when he came to Los Angeles in answer to the doctor's telephone call? I told you, I don't remember.
Very well.
We'll let that pass for the moment.
Now, Miss Strome, I suppose that Mr.
Kirby thought a great deal of Dr.
Morris.
Naturally.
The doctor once saved his life.
Was Dr.
Morris treating him during his various visits to Los Angeles? Whenever Mr.
Kirby needed treatment.
Occasionally, Mr.
Kirby wouldn't be feeling well after he'd been drinking.
And how was Dr.
Morris treating him? Charles gave him a sedative to calm his nerves.
Did Dr.
Morris ever prescribe morphine sulphate for him? I don't recall.
Dr.
Morris had hundreds of patients.
I can't remember what he prescribed in every single case.
Your Honour, I have no other questions at the moment.
However, I may wish to recall this witness for further cross-examination.
You may step down, Miss Strome.
Mrs.
Kirby, did you ever see this before? Yes.
I bought it for David.
For the record, it's a medallion bearing the zodiac sign of Leo.
Inscribed, "David Kirby, 1048 Clarke Place, Loganville, California.
" I should like this marked for exhibit.
BURGER: Mrs.
Kirby, I know this is a painful subject for you.
But when did you first realise that your husband was the victim instead of Dr.
Morris? MRS.
KIRBY: When Lieutenant Tragg showed me the medallion.
BURGER: Up until that time, you believed your husband was alive? MRS.
KIRBY: Yes.
BURGER: You knew he was gonna fly Dr.
Morris' plane to Salt Lake City - on Friday the 20th? - No.
BURGER: Mrs.
Kirby, wouldn't you say that your husband's decision was a carefully-guarded secret, even from you? It would be virtually impossible for the defendant to know about the change in plans? Information.
I'd like the telephone number of Van Dorf & Cole Jewellers.
Yes, they're in Los Angeles.
Mrs.
Kirby, how long were you and your husband married? Eighteen years.
- Were you happy together? - Very.
You understand his problem about drinking? Yes.
He tried, but he couldn't help himself.
Sometimes he disappeared for days.
And when he came home from these sessions, did he take something to calm his nerves? Yes.
He took morphine sulphate.
Who prescribed this medication for him? Dr.
Morris.
- You're sure of that.
- I'm positive.
I took the prescription to the druggist myself one time.
Thank you, Mrs.
Kirby.
Oh, Mrs.
Kirby, did your husband carry any insurance? - I mean life insurance.
- Yeah, he might've had a small policy.
- How small? - Five thousand dollars.
What about his military insurance? He served in World War II, did he not? Yeah.
He had that too.
- That was for $10,000? - I'm not sure of the amount.
In other words, you haven't filed claims with insurance companies - for your husband's death.
- I didn't say that.
- You have filed claims? - Yes.
Oh.
Mrs.
Kirby, I-- I'm curious.
Curious as to why you bought this for your husband.
Do I have to have a special reason to buy a present for my husband? No, but I think you had a special reason for buying this one.
The reason being so your husband's body could be readily identified.
What are you saying? You knew your husband was flying Dr.
Morris' plane to Salt Lake City.
- He must've told you.
- That's not true.
You drove out to the airport to see him off.
You gave him this medallion-- a medallion made of platinum --so that it wouldn't be destroyed by fire.
You also gave him a bottle of whisky.
The morphine sulphate was in that bottle of whisky.
- Not the coffee.
- That isn't so.
Your plans went down the drain when this medallion was overlooked and the body was mistakenly identified as Dr.
Morris.
It created quite a problem for you, didn't it? No.
No.
I stand corrected.
It created no problem at all.
You just went to the Missing Persons Bureau and started the hunt for your husband.
That's when this medallion was found.
Only then could you claim his insurance.
That's a lie.
You can't prove a word of this.
Mrs.
Kirby, when did you give your husband this present? - I don't remember.
- Perhaps I can help you.
Now, look closely on the back of this medallion.
You'll see engraved the mark and name of the jewellers, Van Dorf & Cole.
Now, according to their records, this medallion was purchased and engraved on February 19th, delivered to you the morning of February 20th, the day of the crash.
Yet you testified you hadn't seen your husband since the 16th.
I didn't.
What kind of a car do you drive, Mrs.
Kirby? Pontiac station waggon.
All right, we'll get the manager of the airport back to the stand.
In case you haven't heard, he has a photographic memory.
He's already testified that Mrs.
Morris' car was parked next to a Pontiac station waggon, licence numbers XYL 116.
And according to the Department of Motor Vehicles, that car belongs to you.
We'll ask Mr.
Reese to look at both the car and you.
If Your Honour please, I should like to call Mr.
Phillip Reese back to the stand.
- Is Mr.
Reese in the court, please? - Don't bother! I built that drive-in up from nothing with my own two hands.
I work like a slave.
Dave couldn't be bothered.
Every time I ask him to do something he'll find an excuse.
Why should he be entitled to a half interest? He was no good to me alive.
I figured he might be worth something dead.
[EXHALES.]
Della.
Della.
Funny.
She didn't answer.
Well, she's not here.
You want me to go find her? Think you'd have better luck than you did with the fugitive nurse? Heh.
Touché.
Now, I still don't figure what made you suspect Mrs.
Kirby.
What would you say was her outstanding characteristic? The way she pinches pennies.
She's the tightest dame I've ever seen.
Exactly.
When I heard she'd given her husband a present, and an expensive one at that, I felt-- You felt she must have an ulterior motive.
And she wanted to make certain Kirby's body was discovered - so she could collect the insurance.
- Right you are.
Oh.
How did you know Reese had seen her at the airport that day? I didn't.
From my experience with Mr.
Reese, I was convinced he was a man who saw everything.
[DOOR OPENS.]
What's all this? In case you haven't noticed, I've been losing weight, Mr.
Mason.
In fact, I drop about 3 pounds after every one of your cases.
From working too hard? No, from coming back here and going without dinner.
So this time I brought my own.
Cold cuts, anyone? - Mm.
Thank you.
- Thank you.
- Bread, please.
- Pardon my fingers.
- Sure.
- May I? Thank you.
- Yeah, looks good.
- Mm-hm.
- Pardon me.
- Mm-hm.