Perry Mason (1957) s01e38 Episode Script
The Case of the Terrified Typist
Oh, Barney, when you get a chance, would you take this watch up to Crawford Jewelry for me? - Right away, Mr.
Mason.
- Thank you.
- Did you lock the door? - No.
Hope you have your keys.
I seem to have misplaced mine.
Well, we'd better get down to the airport or we'll miss Baxter.
Going down, please.
Oh, how do you do? I'm Baxter.
Is Mr.
Jefferson in or Mr.
Lumis? No, they're out.
Oh.
I daresay they're at the airport.
We seemed to have missed our connections.
They won't be back for quite a while.
Well, please don't let me disturb you.
You get right on with your work.
I say, uh I was just wondering, how long have you worked here? Ever since the office opened.
About three weeks, I think.
How's Walter been feeling? Fine.
Would you excuse me? I wanna wash my hands.
I just changed the ribbon on the typewriter.
Oh, yes, and, uh, Mrs.
Lumis? By the way, has she got rid of her arthritis? Well, yes.
Of course, I don't see her very often.
- Excuse me, sir.
- Young lady, I think you'd better stay right here.
There's something distinctly fishy going on.
- I don't believe you work here at all.
- That's ridiculous.
One thing, you've been acting strangely.
For another, Mrs.
Lumis never had arthritis in her life.
Now sit down in that chair over there.
Go on.
[DOOR CLOSES.]
See here, the South African Diamond Company has just been robbed.
- A young woman.
Get the police.
- Yes, sir.
Right away.
Hello, operator? This is an emergency.
Get me the police.
[SIREN WAILS.]
Can you hold it a moment, Miss Street? I think she just came in.
Are you from the Mosher Agency? What? Did Miss Mosher send you over to do some typing? Yes.
Yes, she did.
Yes, she just came in.
Shall I send her in to do some work in your office? DELLA [ON INTERCOM.]
: That's a good idea.
DELLA: How's it coming? Fine.
- Oh, these are very nice, Miss, uh--? - Wallis.
I'll have to make a note of that in case I wanna get you next time.
You let a dangling participle get by.
Heh.
You undangle it.
[KNOCK ON DOOR.]
I'll get it.
Hi, beautiful.
How do you like the excitement? DELLA: Excitement? - What excitement? Cops over the whole building all afternoon.
The diamond company on the next floor was robbed during lunchtime.
Somebody walked in and discovered this gal taking the place apart.
- And they have a description of her? - Yeah, she's, uh, blond, about 5'3" and she was wearing harlequin glasses.
And she was also wearing a beige suit.
MASON: Did she, uh, get away? - Well, that's the funny thing.
They sealed the building like a tomb after it happened.
She just disappeared.
Hello, Miss Mosher? This is Della Street, Perry Mason's office.
Did you send a girl over here this afternoon? Thank you.
Thank you very much.
Well? It seems a girl from here called this afternoon and told Miss Mosher to cancel our request.
Gertie's gone.
It's 7:00.
No wonder everyone's gone.
No reason to stop in the middle of a sentence.
She left these.
I guess she wouldn't take a chance wearing them.
Well, when that girl ran out of here, she might have taken a nearby cab.
You check the cab dispatcher.
I'll check the South African Diamond Company.
[DOOR CLOSES.]
Thank you, Barney.
Come in, sir.
My name is Mason.
I have offices on the floor below.
How do you do? I'm Walter Lumis.
I was so sorry to hear about the robbery.
That's jolly decent of you, but I'm afraid that's the least of our worries at the moment.
You see, we haven't received our stock.
A chap called Baxter, he's one of the partners.
He brought our stones from Africa today, but we missed him at the airport.
Well, he must have arrived here just about the time that girl was ransacking the place.
He alerted the elevator man, gave a full description of our young Lady Raffles to the police - and then vanished himself.
- Vanished? Yes, we phoned in here from the airport.
Baxter was here at the time with the police.
I realised that when I got back here I'd be tied up for a while with inventory, so I told him to go on to the place that the firm had rented on Ventana Drive.
And he isn't there now? Well, I've been ringing him since 6:00 and I can't seem to get any reply.
Sergeant, who's standing by at the Ventana Drive house? OFFICER [ON INTERCOM.]
: Jim Baker.
You tell him that Baxter won't be home anymore.
They just fished him out of the ocean.
You're sure this statement of yours is correct, Mr.
Gilly? Oh, yes, sir.
Absolutely correct.
[INTERCOM BUZZES.]
- Yeah? OFFICER: Lineup is ready, lieutenant.
- They're just waiting for you.
- Right.
All right.
You come along with me.
All right, Gilly, take a look at the men up there.
One fits the description you gave and he owns the kind of car you saw.
Now, you tell us if you recognise him.
Well? Yeah, yeah.
Mm-hm.
I see him.
That's the one.
The man on the end.
- Will you come in, Mr.
Lumis? LUMIS: Ah, thank you.
Mason, have you had a cablegram from my company in South Africa? Ah.
Retaining you to defend Duane Jefferson? - Yes.
- Well, just what is the fee? - Five thousand dollars.
- I see.
Because if you want my opinion, the whole thing is absolutely ridiculous.
Jefferson has been a trusted employee of the firm for at least 10 years.
During that time, millions of dollars worth of diamonds must have passed through his hands.
I assume from what you're saying that the diamonds Baxter brought have not been recovered.
No, they have not.
Is there anything I can do? Yes.
Make out a cheque for $5000.
My secretary will give you a receipt.
Della, have the receipt show that the retainer is in behalf of Duane Jefferson.
Well, just what does that mean? If I'm going to defend an individual, I want my entire loyalty to be to that individual and not a corporation.
Any objections? No, no, not at all.
I just wanted my own position made clear.
I'll have the cheque with you within the hour.
Thanks.
Well, I'm afraid there's not much I can tell you.
The police showed up in the dead of night.
The next thing I knew I was on stage and a voice beyond the lights was shouting, "That's the man who did it.
" The witness claims he saw you roll a body off the Santa Monica Pier last night.
Man ought to be examined.
He's mad as a hatter.
All right.
What did you do last night? Take it from the time you left Lumis at the airport.
Well, I had a dinner engagement.
Lumis said he'd deal with the police, so I went home.
I have a flat in Beverly.
And what time was this dinner engagement? About 7 p.
m.
What time did you return from it? - After midnight.
- Who did you have dinner with? A friend.
Who's the friend? Well, really, old man, I'd sooner not discuss the matter.
Are you trying to shield someone? All right, then.
I was with a certain lady.
And that's all there is to say, if you see what I mean.
I have to remind you, Mr.
Jefferson, that you're charged with first-degree murder.
Well, I'd hardly be here otherwise, would I? You know, I've, uh, taken your case, Mr.
Jefferson.
That doesn't mean I can't give it back.
Well, I fail to see what you're worried about.
After all, they may have the word of an old wharf rat, but isn't my word as good as his? There's nothing more you wish to add? Just that I'm innocent.
Well, I hope that's enough to convince a jury.
We just got to find that girl.
Think she's the one that Jefferson's protecting? There's no one else on the horizon.
[KNOCK ON DOOR.]
- What's this? - My bill.
- Oh, it isn't the first of the-- - Della, that's just Paul's subtle way of telling us he found the terrified typist, right? - Right.
- Who is she? Mrs.
Ralph Taylor.
- Senator Taylor's wife? - That's the one.
Paul, you're out of your everloving mind.
Aha.
Well, Della pegged it.
The clothes were bought at Littauers' and charged to Mrs.
Taylor's account.
I tell you, she is Senator Ralph Taylor's wife.
Well, there's a time-tested way of finding out.
Let's go.
Excuse me.
PATRICIA: "Duane Jefferson, a diamond buyer residing at 3915 Quantico Street, was arrested last night for the murder of his business associate, George Baxter.
" Perhaps these will help.
Who are you? What are you doing here? This is private property.
So is the Diamond Company office.
My name is Mason.
This is Mr.
Paul Drake, my private investigator.
You going to have me arrested? I don't know yet.
I still haven't heard your story.
Well, you won't believe me.
But it all started when I was sending packages to Allied prisoners in Korea.
There was this one man.
He was a captain in the South African Air Force.
He kept on writing to me.
Were you married to Senator Taylor at that time? No.
As a matter of fact, I'd just been hired as his private secretary.
At that time, I thought he was a pompous, old stuffed shirt.
So I drew ridiculous cartoons of him and wrote ridiculous letters and sent it to this air force captain.
What was the captain's name? Duane Jefferson.
Later on, I found out how wrong I was about Mr.
Taylor.
He's a dear, kind and wonderful man, Mr.
Mason, and I love him more than anything in the world.
And I'd do anything to keep from hurting him.
So you wrote to Jefferson, asking him to return the letters and cartoons and he refused? Did--? Did Jefferson have a reason for not returning those letters? Yes, I didn't have any money to give him.
My husband's a rich man, but I certainly don't have access to his money indiscriminately.
That's why I took Mr.
Jefferson's keys and went into his office.
What do you plan to do next? Nothing.
If you don't turn me over to the police, I promise that I will stay as far away from Duane Jefferson as possible.
I may call on you again, Mrs.
Taylor.
Oh, by the way, Paul.
- What's that? - The key to Mr.
Jefferson's apartment.
- Where did you get it? - From Mr.
Jefferson.
When the police picked him up, they didn't give him a chance to get clothes.
- I won't be able to get there till tonight.
- That's all right.
While you're there, if you wanna look around, that's a matter between you and your conscience.
Aah! When you told me your story this afternoon, Mrs.
Taylor, I was inclined to believe all of it.
Now I have a feeling that it was all a pack of lies.
But it isn't.
It's true.
Here are the pictures I found in the apartment.
Do you recognise the woman in this picture? Never seen her before in my life.
All right, then.
Do you recognise this? I don't understand this.
I've never had a picture taken with Duane Jefferson.
Don't know when it could have been taken.
Was it taken the night of the murder? Of course it wasn't! How can you be so sure? You didn't even know it existed.
What difference does it make? You don't believe me anyway.
- That's right, I don't.
- What do you want me to tell you? I just want you to tell me the facts.
Very well then, let me tell you.
You're a young woman who is married to a man a good deal older than you.
In order to avoid being bored, you decided to indulge yourself.
And now in attempting to keep your indiscretion covered up, - you're willing to let a man die.
- That is not true.
I would never do anything like that.
Remember one thing, Mrs.
Taylor.
Your husband could possibly excuse you for being out with another man on the night of the murder.
But in the case of Mr.
Jefferson, there's no going back if he loses.
All right, Mr.
Mason.
You want me to testify to the truth? I will.
Who are you calling? Hamilton Burger, the district attorney.
Gentlemen, the jury has been selected and sworn.
The prosecution will proceed with its opening statement.
Your Honour.
Ladies and gentlemen of the jury, the State intends to prove that the defendant in this case, an employee of the South African Diamond Company, had reason to learn that a director of that company, George Baxter by name, was coming to this country with a large number of diamonds worth approximately half a million dollars.
That the defendant subsequently murdered George Baxter in order to gain possession of those diamonds.
We will introduce witnesses to prove that this murder was done with premeditation, deliberation and with diabolical cunning.
And on the strength of our evidence, we will ask for a verdict of first-degree murder and for the death penalty.
Mr.
Gilly, can you tell us where you were on the night of June 5th at about 10:00? I was in a rowboat, fishing right near the pier.
Were you close enough to the pier that you could see what happened on it? Oh, yes.
Only about 35 feet.
In your own words, then, will you tell us what you saw? Well, I saw a man up on the pier roll a body off and then he kicked something after it.
Just a moment, Mr.
Gilly.
How do you know it was a body that he rolled off the pier? Well, because it had arms and legs and looked like a body.
Heh.
Well, let's for the moment assume that you saw a man roll something off the pier that looked like a body.
Okay, if that's the way you want it.
Did you subsequently notify the police and did they recover a body from the water in your presence? Yes, sir.
Now, about this object that you saw the man kick off the pier.
What did you do about that? Well, I rowed over and fished it out.
Is that what you mean? If that's what you mean, that's what I mean.
Can you tell us what it was? Yes, it was a hat.
A derby hat.
- Did you examine it? - Yes, sir.
Well, not right then.
When I got back to my boathouse, I did.
It had the name "George Baxter" in gold letters on the sweatband.
Mr.
Gilly, I show you this hat and I ask if you've ever seen it before.
That's the hat that I fished out of the water.
If it please the court, I would like this hat marked for identification.
Now, Mr.
Gilly, could you see the man on the pier? Oh, yes.
Clearly enough so you could make an accurate identification - if you saw him again? - Oh, yes.
As a matter of fact, uh, I did that already.
And is that man in this court now? Yes, sir.
He's the fellow on trial.
BURGER: Let the record show that the witness is pointing to the defendant, Duane Jefferson.
Thank you, Mr.
Gilly.
You may cross-examine.
Now, Mr.
Gilly, you said you did not examine the hat at the time you recovered it.
No, I waited till I got back to my boathouse.
What made you do that? I mean, why didn't you examine the hat immediately? Well, I wanted to get it in the light, that's why.
While it wasn't light enough to see a hat you were holding in your hands, you could see what was going on I object, Your Honour.
That question is incompetent, irrelevant and immaterial.
It's also argumentative and not proper cross-examination.
No matter what the light was, reading a name inside a hat is obviously much different from seeing a man and a car.
I think Mr.
Mason's question is permissible on cross-examination.
Objection overruled.
Now, Mr.
Gilly, will you answer the question? Well, like I said.
I could see him almost as plain as I can from here.
No further questions.
And when you recovered the body of George Baxter from the water, did you find that it had been weighted down? Yes, with a cement building block.
Can you identify this, lieutenant? Yes, sir.
It's the building block used to weight down the body.
Is there anything distinctive about this particular building block? Well, yes, sir, one of the corners is missing.
Do you recognise this piece of cement? Yes, sir.
You will notice that this broken corner will fit perfectly on the cement block.
And also there is blood on that broken corner.
Now, you heard Dr.
Walter testify that the blood on this piece of cement matches the blood type of the deceased.
- Yes, sir.
- And where did you find - this piece of cement? - In the trunk of Duane Jefferson's car - on the night of the murder.
- Thank you, lieutenant.
- Your witness.
- No questions.
You may step down, lieutenant.
I call Joseph Henrich to the stand, please.
Mr.
Joseph Henrich, take the stand, please.
Raise your right hand, please.
- Who is he? Do you know? CLERK: Do you solemnly swear-- I've never heard the name or seen the man in my life.
- I do.
- State your name, please.
- Joseph Henrich.
- Be seated.
Mr.
Henrich, would you please tell this court where you reside? I reside at 400 Ventana Drive.
- Do you also work there? - Yes, sir.
My wife and I are domestic workers in the house.
Is it true that this house where you work was rented to Mr.
George Baxter? That is right.
Our regular employers rented the house to Mr.
Baxter, but my wife and I stayed with the house.
On the 5th of June, were you at the house? Yes, that was the day when Mr.
Baxter arrived.
I stayed with him in the house until about, uh, 6:30.
Then I went out to polish my car.
Did anyone else come to the house that day? HENRICH: Yes, sir.
At about 7:00-- It was getting dark about then.
--I heard a car pull up, so I went to look.
- It was that man.
- You mean the defendant? Yes, he came and went in the house.
Now, to the best of your knowledge, Mr.
Jefferson and Mr.
Baxter were the only ones in the house.
Yeah, that's all.
And could you tell us what happened after that? A short while later, I heard loud voices.
They were both arguing.
Then I heard Mr.
Baxter shout: "Don't be a fool, you will never get away with it.
" Then I heard a sound like a groan, and then it was all quiet.
What did you do after that? I was getting very worried so I went to talk to my wife about it.
She told me to-- Not to interfere.
About 8:00, we heard sirens and the police arrived.
Did you then enter the house with the police? - Yes, sir.
- And was Mr.
Baxter there? - No, sir.
- Thank you, Mr.
Henrich.
That's all.
Your witness.
Mr.
Henrich, you talked about living in the house at 400 Ventana Drive.
Specifically, do you mean that you live in the house itself or somewhere near the house? No, sir.
My wife and I don't live in the house.
We have an apartment over the garage.
Now, you stated on direct examination that after the argument, and after the time you heard the groan when the following silence took place, you went to discuss the matter with your wife.
- Where was your wife at that time? - She was in our apartment.
Now, when you are in your apartment over the garage, is it possible for people to leave or enter the main house without your hearing it? Yes, sir.
At that time, it is possible.
I assume that it's also possible for something to happen inside the house that you don't hear? Oh, naturally, sir.
However, you heard the argument and the groan while you were outside.
Yes, sir.
And you were worried about what had happened? Well, yes, sir.
But you did not go inside the main house at that time? No, not until the police arrived at 8:00.
So you cannot swear from your own knowledge that anything did happen which would have resulted in the death of George Baxter at the hands of Duane Jefferson? No, I cannot swear that.
Thank you, Mr.
Henrich.
That is all.
You may step down, Mr.
Henrich.
That concludes the case for the State, Your Honour.
The prosecution rests.
Does the defence wish to make a motion? Yes, Your Honour.
At this time, I move that the court instruct the jury to bring in a verdict of not guilty on the ground that the evidence as present before the court, is not sufficient to support a verdict of guilty.
The motion is denied.
Are you ready with your first witness, Mr.
Mason? Defence is ready, Your Honour.
I call the defendant, Duane Jefferson.
CLERK: Mr.
Duane Jefferson, take the stand, please.
Raise your right hand.
Do you solemnly swear the testimony you're about to give to be the truth, the whole truth? - I do.
- State your name.
- Duane Jefferson.
- Be seated.
Mr.
Jefferson, will you also state where you were born? South Africa.
And are you at this moment a citizen of the Union of South Africa? I am.
Mr.
Jefferson, you have heard the prosecution introduce witnesses from whose testimony this jury is expected to draw the inference that you were criminally responsible for the death of George Baxter.
Now, is there anything you can say that will contradict that testimony? I can only say that it's completely false and that I'm innocent.
Do you have any facts that will support that statement? Well, for one thing, I spent the entire evening in the company of another person.
This other person, was it a man or a woman? A lady.
Could you tell us what time you met this lady? About 7 p.
m.
at the Toreador for cocktails.
How long would it take you to get from the Toreador to 400 Ventana Drive? At least an hour.
And what time did you leave the lady? A little after midnight.
Now, Mr.
Jefferson, would you please tell this jury the name of the lady? You know very well, Mr.
Mason, I can't tell this jury or anybody else - the name of the lady.
- Why? Simply because it'd be ungentlemanly and completely improper.
Can you give us the reason? Because the lady happens to be married.
And you are refusing to disclose her identity, knowing full well your life is in jeopardy? I'm afraid there's no alternative.
Mr.
Jefferson, are you well-acquainted with a lady named Patricia Taylor? I object, Your Honour.
Defence counsel can create a situation tantamount to criminal slander by insinuating with any name at random.
Just a moment, Mr.
Burger.
I agree completely with the prosecutor's feelings in this matter, Mr.
Mason.
I beg the court's indulgence in permitting me to perform my duty as a defence attorney.
If I'm permitted to speak my mind, may I say that I agree completely with Mr.
Burger? If it please the court, I don't need any support or agreement from the defendant in this case.
Order, gentlemen, order.
This matter is getting completely out of hand.
I will allow Mr.
Mason to continue.
But I warn you, counsellor, of the direct consequences if you fail to connect this name in your case.
MASON: Your Honour.
Now, Mr.
Jefferson, I ask you once again.
Do you know Patricia Taylor? JEFFERSON: I am acquainted with Mrs.
Taylor.
And will you now state that she was the lady in your company on the night of the murder? I've told you repeatedly, Mr.
Mason.
I was with a certain lady and that's all there is to say.
Your witness, Mr.
Burger.
Mr.
Jefferson, am I correct in assuming that you're presenting yourself here as an example of the last stronghold of chivalry, sort of a modern Sir Galahad? I am simply withholding information I have no right to reveal.
Well, then will you state for us flatly, here and now, that Mrs.
Patricia Taylor was not your companion of the evening on the night of the murder? I can only tell you that I'll not name the lady.
And while you pretend to protect the lady who shall be nameless, you're willing to vilify and besmirch Mrs.
Patricia Taylor.
I think we can use less gentlemen like you, sir.
No more questions.
You may step down.
Will you call your next witness, Mr.
Mason? Your Honour-- Your Honour, I call Mrs.
Patricia Taylor to the stand.
Please! Mr.
Mason, you can't do this.
I forbid it! Your Honour, I object to this obvious attempt on the part of the defendant to win the sympathy of the jury.
The defendant will sit down.
Sit down, sir! And you will refrain from these prejudicial outbursts.
Call the next witness.
Mrs.
Taylor, are you acquainted with the defendant in this case? I am.
Did you have certain correspondence with him while he was still in South Africa? Yes.
Would you say this correspondence was of a friendly nature? Up to a point.
Would you tell us what that point was? Well, he refused to send back some letters that I had written to him.
MASON: Did you then illegally enter his office and apartment in order to recover those letters? PATRICIA: Yes.
You heard Mr.
Jefferson testify that on the night of the murder, he spent the evening with a woman, a woman he refused to name.
Were you that woman, Mrs.
Taylor? Yes.
I was with him for about 15 minutes, but there was nothing romantic between us.
I despise the ground he walks on and I had the pleasure of telling him so.
No further questions.
Just a moment, Mrs.
Taylor.
I appreciate Mr.
Mason's kindness and consideration, but unfortunately, he didn't go far enough.
Let's talk about the letters the defendant sent you.
Were they completely gentlemanly? I object, Your Honour, on the grounds of best evidence.
If Mr.
Mason is calling for the letters, I have them right here.
If counsel will stipulate that these are in the handwriting of the defendant, I will introduce them into evidence now.
May I see the letters? First stipulate.
I assure you in open court that I know from statements of unimpeachable witnesses that these letters are in the handwriting of the defendant.
Very well.
I'll stipulate, upon that assurance of the district attorney.
I enter them into evidence.
Mrs.
Taylor, with regard to the letters and other items that you sent to the defendant, did you write and ask him to return them? Yes.
I call your attention now to this particular letter which the defendant sent you.
I quote you from the third paragraph.
"There will be some delay in returning the cartoons by mail, as you have been requesting.
My reason: I should like nothing better than the prospect of returning them to you personally.
This, I think and hope, will take place in the very near future.
" End of quote.
- Did you receive this letter? - Yes.
- Did you then meet the defendant? - Yes.
Did he return the letters and cartoons to you at that time? No.
Did he give you any reason for his withholding them further? He said he could use them against my husband.
Could use them or would use them? He could unless I prevented it.
What were you supposed to do to prevent it? Give him money.
Well, that's blackmail, pure and simple, isn't it? I suppose it is.
Now, on the night of the murder, you admitted that you went - to meet him and did meet him.
- Yes.
- What time was the appointment? - Seven o'clock.
- What time did you arrive? - Seven o'clock.
- What time did the defendant arrive? - Eight-thirty.
- And when did you leave him? - Eight forty-five.
Then if, as the defendant himself has testified, it takes him an hour to drive from the Toreador Café to 400 Ventana Drive, it would be perfectly possible for him to have seen you as he did and still have committed the murder.
Objection, as calling for a conclusion of the witness.
Sustained.
The facts in evidence indicate that the body of the deceased was in the trunk of the defendant's car.
Could your presence in his company from 8:30 to 8:45 that evening have possibly prevented the defendant from getting rid of the body at 10:00 that night? Objection, as being argumentative and calling for an opinion from the witness.
The asking of this question and any further examination along this line is prejudicial, and I assign it as misconduct on the part of the district attorney.
Sustained.
The prosecution will refrain from continuing with this line of questioning.
Redirect, Mr.
Mason.
Mrs.
Taylor, do you know if the defendant had a meeting with another married woman after you left him, a meeting which might have kept him at the Toreador until 10:00 or after? If he did, he didn't tell me.
Thank you.
That's all.
You may step down, Mrs.
Taylor.
[KNOCK ON DOOR.]
Come in, Paul.
PAUL: The, uh, jury still out? - Yup.
Well, I regret to report I still have not been able to identify this woman in the picture with Jefferson.
I still say I know that woman from somewhere.
Here, look at these pictures.
Isn't that the same man and woman at the adjoining table in both pictures? Look at that hat.
- I can't tell.
- Faces are too small, Perry.
I'm only saying, if it is the same man and woman, then these pictures were taken on the same night at the same place.
- The night of the murder.
- Paul-- [PHONE RINGS.]
Hello? Oh, thank you.
The jury is ready to return with the verdict.
Well, what's there to do now, Perry? I don't know.
Have these pictures blown up.
I'll see you in court.
Ladies and gentlemen of the jury, have you reached a verdict? We have, Your Honour.
Will you state it, please? We, the jury impaneled to try the above entitled case, find the defendant guilty of murder in the first degree.
I will convene the jury tomorrow for the purpose of taking evidence bearing upon the sentence to be given the defendant.
Is that agreeable with the defendant? It is, Your Honour.
I will further stipulate that Friday will be satisfactory for presenting a motion for a new trial.
JUDGE: Mr.
Burger? Perfectly all right, Your Honour.
Very well, so ordered.
The defendant is remanded to custody of sheriff.
Court stands adjourned.
[ALL CHATTERING.]
Well, it's all in the evening edition.
"Jury fixes death penalty for Perry Mason's client.
Mason to appear in court Friday on motion for new trial.
" I know.
I was there.
Why can't I remember that face? - Have you heard from Paul yet? - Not yet.
[INTERCOM BUZZES.]
Yes, Gertie.
- Mr.
Lumis on the phone.
- Ah.
[KNOCK ON DOOR.]
He can't talk to anyone right now, Gertie.
Here are the blowups, Perry, and you were right.
That couple in the background is the same in both pictures.
Then it was the same night.
Now, if we could only think who this woman was.
Wait a minute.
I've got it.
I saw this woman coming out of the diamond office when I went up there to see Lumis.
Perry, is there a Mrs.
Lumis? Let's find out.
Paul, you ready for some night driving? - Sure, where are we driving to? - I'm not sure myself yet.
We'll keep in touch, Della.
Come on, let's go.
Ah, Mason.
Hello, Lumis.
- May I come in? - Yes, of course.
LUMIS: Would you excuse us for a moment, please, my dear? MASON: I'd like Mrs.
Lumis to hear what I have to say.
I told you in the beginning, Lumis, I'd use anything I could find in defence of Duane Jefferson.
Well, you're not trying to implicate me? Calm down, Walter.
Mr.
Mason hasn't accused you of anything.
I think he has something else on his mind.
MASON: I have.
Unless I can establish a 10:00 alibi for Jefferson, the night he was supposed to have gotten rid of the body, I haven't a chance on my motion for a new trial.
I've got to find the woman he was with after Mrs.
Taylor left the Toreador.
But I've already told you, I have no idea who the woman is.
Are you telling me there's still a chance to save Duane Jefferson? It's not too late? Yes.
There's still a chance.
Walter, there are limits beyond which a decent, self-respecting person cannot go.
Mr.
Mason is being very direct, but what he implies is quite true.
I'm sorry, but I have been seeing Duane.
What? I hoped to spare you, Walter, hoped that Duane wouldn't need my testimony.
But after I heard about the verdict, I made up my mind.
I was coming to see you anyway, Mr.
Mason.
I was with Duane Jefferson the night of the murder, up until midnight.
Are you willing to take the witness stand and testify to that? - Yes.
- I know you'll never regret it.
I'll be in your office first thing in the morning.
You can count on that.
I'm sorry, Mr.
Lumis.
Truly sorry.
[DOOR OPENS.]
[DOOR CLOSES.]
How could you do a thing like that? You do want to save him, don't you? You might be risking all our lives with this.
We're in the clear.
A couple more hours and we'll be in Mexico, and all this rotten business will be behind us.
That's right, we'll be there, but he'll be here.
Well, he asked for it, didn't he? When you and I went into this together, we didn't bargain for blackmail or murder.
That was his idea.
And I think he's rather got it coming to him.
If you're that afraid, why don't you take off for Mexico tonight? I'll join you there as soon as I've cleared him.
Very well, I will, if that's the way you like it.
Walter, you won't forget that there's somebody else you have to take with you.
I won't forget.
Don't worry.
- How is he? - About the same.
- Any trouble? - Trouble from him? LUMIS: I hope you're ready to take a long trip.
I want to get out of here.
LUMIS: Lie down, you're not going anywhere yet.
Now, if you go quietly, it may not be too unpleasant a trip.
See who that is, but be careful.
Who are you? Unh! PAUL: Don't put your hands in your pocket.
I don't think you have to worry about Mr.
Lumis.
[ALL CHATTERING.]
This is the time fixed for hearing a motion for a new trial and for pronouncing judgement in the case of People against Duane Jefferson.
Do you wish to be heard, Mr.
Mason? Yes, Your Honour.
Will Mr.
Duane Jefferson please stand? MASON: Come forward, please.
BURGER: Wait.
Let's get this straight.
Here's the defendant standing within the bar.
But Duane Jefferson is standing here.
I'm moving for a new trial on the ground that the entire trial of Duane Jefferson for first-degree murder took place in his absence.
Your Honour, the defence counsel can't confuse the issues like this.
It doesn't make any difference whether this is Duane Jefferson or John Doe.
He's the man who committed the murder.
He's the man who was tried for the murder.
Whether he uses the name of Duane Jefferson or any other name that's not his own, he's the man that's gonna be sentenced for the murder.
But you introduced evidence directed against the real Mr.
Jefferson.
And letters written by the real Mr.
Jefferson were part of that evidence.
- What about it? - Well, it's false evidence.
It was admitted only on your assurance it was true.
Now just a moment, Mr.
Mason.
The court's going to require that you make a full explanation of this matter.
Of course, Your Honour.
Your Honour, the man standing here is the real Mr.
Jefferson.
He was sent to this country together with Walter Lumis to open a branch of the South African Diamond Company.
Then who is that man standing at the defence table? MASON: His name is James Kincaid.
He conspired with Walter Lumis to take the place of the real Mr.
Jefferson.
For what purpose? For the purpose of absconding with $500,000 worth of diamonds which were brought to this country by the deceased, George Baxter.
Lumis planned to accept delivery of the diamonds from Mr.
Baxter and then disappear in Mexico.
When Mr.
Jefferson refused to go along with his scheme, why, Lumis then recruited James Kincaid.
And he then replaced Jefferson.
That's right, Your Honour.
Almost immediately, Baxter realised something was wrong, refused to hand over the diamonds.
So Kincaid then disposed of Mr.
Baxter.
Your Honour, this is just another wild-eyed, dramatic grandstand play for which counsel is so noted.
Now just a moment, gentlemen.
Before I make any ruling, I suggest the court take an adjournment for 15 minutes, while I ask counsel for both sides to meet in chambers.
The defendant, meantime, is in custody.
He will remain in custody.
Stand adjourned.
[ALL CHATTERING.]
I can't get over it.
Poor Burger.
All that work and now Judge Hartley orders a new trial.
Well, he'll still wind up a hero if he doesn't forget to try the phoney Duane Jefferson under his right name of James Kincaid.
I'll bet he and Tragg are celebrating tonight.
Heh.
I wonder why they didn't invite us.
Isn't this nice? - What's that, Della? - It's a wire from Senator Ralph Taylor, thanking you for not exposing those cartoons in court.
Mm.
Fortunately, we were able to clear up the case without using them.
Speaking of clearing things up, why was Burger so sure of Jefferson's handwriting? Well, simply because he had Pat Taylor's innocent assurance that those letters had been written to her by Jefferson.
Neither Pat nor Burger had any inkling that the defendant wasn't the real Duane Jefferson.
Now I have a question.
Why didn't Mrs.
Lumis join in that phoney alibi right away? Her husband was afraid if she did, the whole thing would be exposed.
Of course, that's why Kincaid held out.
He really believed the jury would go for that gallant routine of his.
Well, I hope you'll both be gallant when we have dinner with them tonight.
Dinner? Dinner with whom? Burger and Tragg? No.
With Senator and Mrs.
Ralph Taylor and the real Duane Jefferson.
- It's right here in the wire.
- Read it to us, Della.
Oh, no, no.
Della has been the detective on this one.
Here, you read it.
[MASON CHUCKLES.]
"I wish to thank you for not exposing those cartoons in court.
Stop.
Pat and I would like you to come to dinner--" That's enough.
Now, would you like to take a couple of notes? [BOTH CHUCKLE.]
Mason.
- Thank you.
- Did you lock the door? - No.
Hope you have your keys.
I seem to have misplaced mine.
Well, we'd better get down to the airport or we'll miss Baxter.
Going down, please.
Oh, how do you do? I'm Baxter.
Is Mr.
Jefferson in or Mr.
Lumis? No, they're out.
Oh.
I daresay they're at the airport.
We seemed to have missed our connections.
They won't be back for quite a while.
Well, please don't let me disturb you.
You get right on with your work.
I say, uh I was just wondering, how long have you worked here? Ever since the office opened.
About three weeks, I think.
How's Walter been feeling? Fine.
Would you excuse me? I wanna wash my hands.
I just changed the ribbon on the typewriter.
Oh, yes, and, uh, Mrs.
Lumis? By the way, has she got rid of her arthritis? Well, yes.
Of course, I don't see her very often.
- Excuse me, sir.
- Young lady, I think you'd better stay right here.
There's something distinctly fishy going on.
- I don't believe you work here at all.
- That's ridiculous.
One thing, you've been acting strangely.
For another, Mrs.
Lumis never had arthritis in her life.
Now sit down in that chair over there.
Go on.
[DOOR CLOSES.]
See here, the South African Diamond Company has just been robbed.
- A young woman.
Get the police.
- Yes, sir.
Right away.
Hello, operator? This is an emergency.
Get me the police.
[SIREN WAILS.]
Can you hold it a moment, Miss Street? I think she just came in.
Are you from the Mosher Agency? What? Did Miss Mosher send you over to do some typing? Yes.
Yes, she did.
Yes, she just came in.
Shall I send her in to do some work in your office? DELLA [ON INTERCOM.]
: That's a good idea.
DELLA: How's it coming? Fine.
- Oh, these are very nice, Miss, uh--? - Wallis.
I'll have to make a note of that in case I wanna get you next time.
You let a dangling participle get by.
Heh.
You undangle it.
[KNOCK ON DOOR.]
I'll get it.
Hi, beautiful.
How do you like the excitement? DELLA: Excitement? - What excitement? Cops over the whole building all afternoon.
The diamond company on the next floor was robbed during lunchtime.
Somebody walked in and discovered this gal taking the place apart.
- And they have a description of her? - Yeah, she's, uh, blond, about 5'3" and she was wearing harlequin glasses.
And she was also wearing a beige suit.
MASON: Did she, uh, get away? - Well, that's the funny thing.
They sealed the building like a tomb after it happened.
She just disappeared.
Hello, Miss Mosher? This is Della Street, Perry Mason's office.
Did you send a girl over here this afternoon? Thank you.
Thank you very much.
Well? It seems a girl from here called this afternoon and told Miss Mosher to cancel our request.
Gertie's gone.
It's 7:00.
No wonder everyone's gone.
No reason to stop in the middle of a sentence.
She left these.
I guess she wouldn't take a chance wearing them.
Well, when that girl ran out of here, she might have taken a nearby cab.
You check the cab dispatcher.
I'll check the South African Diamond Company.
[DOOR CLOSES.]
Thank you, Barney.
Come in, sir.
My name is Mason.
I have offices on the floor below.
How do you do? I'm Walter Lumis.
I was so sorry to hear about the robbery.
That's jolly decent of you, but I'm afraid that's the least of our worries at the moment.
You see, we haven't received our stock.
A chap called Baxter, he's one of the partners.
He brought our stones from Africa today, but we missed him at the airport.
Well, he must have arrived here just about the time that girl was ransacking the place.
He alerted the elevator man, gave a full description of our young Lady Raffles to the police - and then vanished himself.
- Vanished? Yes, we phoned in here from the airport.
Baxter was here at the time with the police.
I realised that when I got back here I'd be tied up for a while with inventory, so I told him to go on to the place that the firm had rented on Ventana Drive.
And he isn't there now? Well, I've been ringing him since 6:00 and I can't seem to get any reply.
Sergeant, who's standing by at the Ventana Drive house? OFFICER [ON INTERCOM.]
: Jim Baker.
You tell him that Baxter won't be home anymore.
They just fished him out of the ocean.
You're sure this statement of yours is correct, Mr.
Gilly? Oh, yes, sir.
Absolutely correct.
[INTERCOM BUZZES.]
- Yeah? OFFICER: Lineup is ready, lieutenant.
- They're just waiting for you.
- Right.
All right.
You come along with me.
All right, Gilly, take a look at the men up there.
One fits the description you gave and he owns the kind of car you saw.
Now, you tell us if you recognise him.
Well? Yeah, yeah.
Mm-hm.
I see him.
That's the one.
The man on the end.
- Will you come in, Mr.
Lumis? LUMIS: Ah, thank you.
Mason, have you had a cablegram from my company in South Africa? Ah.
Retaining you to defend Duane Jefferson? - Yes.
- Well, just what is the fee? - Five thousand dollars.
- I see.
Because if you want my opinion, the whole thing is absolutely ridiculous.
Jefferson has been a trusted employee of the firm for at least 10 years.
During that time, millions of dollars worth of diamonds must have passed through his hands.
I assume from what you're saying that the diamonds Baxter brought have not been recovered.
No, they have not.
Is there anything I can do? Yes.
Make out a cheque for $5000.
My secretary will give you a receipt.
Della, have the receipt show that the retainer is in behalf of Duane Jefferson.
Well, just what does that mean? If I'm going to defend an individual, I want my entire loyalty to be to that individual and not a corporation.
Any objections? No, no, not at all.
I just wanted my own position made clear.
I'll have the cheque with you within the hour.
Thanks.
Well, I'm afraid there's not much I can tell you.
The police showed up in the dead of night.
The next thing I knew I was on stage and a voice beyond the lights was shouting, "That's the man who did it.
" The witness claims he saw you roll a body off the Santa Monica Pier last night.
Man ought to be examined.
He's mad as a hatter.
All right.
What did you do last night? Take it from the time you left Lumis at the airport.
Well, I had a dinner engagement.
Lumis said he'd deal with the police, so I went home.
I have a flat in Beverly.
And what time was this dinner engagement? About 7 p.
m.
What time did you return from it? - After midnight.
- Who did you have dinner with? A friend.
Who's the friend? Well, really, old man, I'd sooner not discuss the matter.
Are you trying to shield someone? All right, then.
I was with a certain lady.
And that's all there is to say, if you see what I mean.
I have to remind you, Mr.
Jefferson, that you're charged with first-degree murder.
Well, I'd hardly be here otherwise, would I? You know, I've, uh, taken your case, Mr.
Jefferson.
That doesn't mean I can't give it back.
Well, I fail to see what you're worried about.
After all, they may have the word of an old wharf rat, but isn't my word as good as his? There's nothing more you wish to add? Just that I'm innocent.
Well, I hope that's enough to convince a jury.
We just got to find that girl.
Think she's the one that Jefferson's protecting? There's no one else on the horizon.
[KNOCK ON DOOR.]
- What's this? - My bill.
- Oh, it isn't the first of the-- - Della, that's just Paul's subtle way of telling us he found the terrified typist, right? - Right.
- Who is she? Mrs.
Ralph Taylor.
- Senator Taylor's wife? - That's the one.
Paul, you're out of your everloving mind.
Aha.
Well, Della pegged it.
The clothes were bought at Littauers' and charged to Mrs.
Taylor's account.
I tell you, she is Senator Ralph Taylor's wife.
Well, there's a time-tested way of finding out.
Let's go.
Excuse me.
PATRICIA: "Duane Jefferson, a diamond buyer residing at 3915 Quantico Street, was arrested last night for the murder of his business associate, George Baxter.
" Perhaps these will help.
Who are you? What are you doing here? This is private property.
So is the Diamond Company office.
My name is Mason.
This is Mr.
Paul Drake, my private investigator.
You going to have me arrested? I don't know yet.
I still haven't heard your story.
Well, you won't believe me.
But it all started when I was sending packages to Allied prisoners in Korea.
There was this one man.
He was a captain in the South African Air Force.
He kept on writing to me.
Were you married to Senator Taylor at that time? No.
As a matter of fact, I'd just been hired as his private secretary.
At that time, I thought he was a pompous, old stuffed shirt.
So I drew ridiculous cartoons of him and wrote ridiculous letters and sent it to this air force captain.
What was the captain's name? Duane Jefferson.
Later on, I found out how wrong I was about Mr.
Taylor.
He's a dear, kind and wonderful man, Mr.
Mason, and I love him more than anything in the world.
And I'd do anything to keep from hurting him.
So you wrote to Jefferson, asking him to return the letters and cartoons and he refused? Did--? Did Jefferson have a reason for not returning those letters? Yes, I didn't have any money to give him.
My husband's a rich man, but I certainly don't have access to his money indiscriminately.
That's why I took Mr.
Jefferson's keys and went into his office.
What do you plan to do next? Nothing.
If you don't turn me over to the police, I promise that I will stay as far away from Duane Jefferson as possible.
I may call on you again, Mrs.
Taylor.
Oh, by the way, Paul.
- What's that? - The key to Mr.
Jefferson's apartment.
- Where did you get it? - From Mr.
Jefferson.
When the police picked him up, they didn't give him a chance to get clothes.
- I won't be able to get there till tonight.
- That's all right.
While you're there, if you wanna look around, that's a matter between you and your conscience.
Aah! When you told me your story this afternoon, Mrs.
Taylor, I was inclined to believe all of it.
Now I have a feeling that it was all a pack of lies.
But it isn't.
It's true.
Here are the pictures I found in the apartment.
Do you recognise the woman in this picture? Never seen her before in my life.
All right, then.
Do you recognise this? I don't understand this.
I've never had a picture taken with Duane Jefferson.
Don't know when it could have been taken.
Was it taken the night of the murder? Of course it wasn't! How can you be so sure? You didn't even know it existed.
What difference does it make? You don't believe me anyway.
- That's right, I don't.
- What do you want me to tell you? I just want you to tell me the facts.
Very well then, let me tell you.
You're a young woman who is married to a man a good deal older than you.
In order to avoid being bored, you decided to indulge yourself.
And now in attempting to keep your indiscretion covered up, - you're willing to let a man die.
- That is not true.
I would never do anything like that.
Remember one thing, Mrs.
Taylor.
Your husband could possibly excuse you for being out with another man on the night of the murder.
But in the case of Mr.
Jefferson, there's no going back if he loses.
All right, Mr.
Mason.
You want me to testify to the truth? I will.
Who are you calling? Hamilton Burger, the district attorney.
Gentlemen, the jury has been selected and sworn.
The prosecution will proceed with its opening statement.
Your Honour.
Ladies and gentlemen of the jury, the State intends to prove that the defendant in this case, an employee of the South African Diamond Company, had reason to learn that a director of that company, George Baxter by name, was coming to this country with a large number of diamonds worth approximately half a million dollars.
That the defendant subsequently murdered George Baxter in order to gain possession of those diamonds.
We will introduce witnesses to prove that this murder was done with premeditation, deliberation and with diabolical cunning.
And on the strength of our evidence, we will ask for a verdict of first-degree murder and for the death penalty.
Mr.
Gilly, can you tell us where you were on the night of June 5th at about 10:00? I was in a rowboat, fishing right near the pier.
Were you close enough to the pier that you could see what happened on it? Oh, yes.
Only about 35 feet.
In your own words, then, will you tell us what you saw? Well, I saw a man up on the pier roll a body off and then he kicked something after it.
Just a moment, Mr.
Gilly.
How do you know it was a body that he rolled off the pier? Well, because it had arms and legs and looked like a body.
Heh.
Well, let's for the moment assume that you saw a man roll something off the pier that looked like a body.
Okay, if that's the way you want it.
Did you subsequently notify the police and did they recover a body from the water in your presence? Yes, sir.
Now, about this object that you saw the man kick off the pier.
What did you do about that? Well, I rowed over and fished it out.
Is that what you mean? If that's what you mean, that's what I mean.
Can you tell us what it was? Yes, it was a hat.
A derby hat.
- Did you examine it? - Yes, sir.
Well, not right then.
When I got back to my boathouse, I did.
It had the name "George Baxter" in gold letters on the sweatband.
Mr.
Gilly, I show you this hat and I ask if you've ever seen it before.
That's the hat that I fished out of the water.
If it please the court, I would like this hat marked for identification.
Now, Mr.
Gilly, could you see the man on the pier? Oh, yes.
Clearly enough so you could make an accurate identification - if you saw him again? - Oh, yes.
As a matter of fact, uh, I did that already.
And is that man in this court now? Yes, sir.
He's the fellow on trial.
BURGER: Let the record show that the witness is pointing to the defendant, Duane Jefferson.
Thank you, Mr.
Gilly.
You may cross-examine.
Now, Mr.
Gilly, you said you did not examine the hat at the time you recovered it.
No, I waited till I got back to my boathouse.
What made you do that? I mean, why didn't you examine the hat immediately? Well, I wanted to get it in the light, that's why.
While it wasn't light enough to see a hat you were holding in your hands, you could see what was going on I object, Your Honour.
That question is incompetent, irrelevant and immaterial.
It's also argumentative and not proper cross-examination.
No matter what the light was, reading a name inside a hat is obviously much different from seeing a man and a car.
I think Mr.
Mason's question is permissible on cross-examination.
Objection overruled.
Now, Mr.
Gilly, will you answer the question? Well, like I said.
I could see him almost as plain as I can from here.
No further questions.
And when you recovered the body of George Baxter from the water, did you find that it had been weighted down? Yes, with a cement building block.
Can you identify this, lieutenant? Yes, sir.
It's the building block used to weight down the body.
Is there anything distinctive about this particular building block? Well, yes, sir, one of the corners is missing.
Do you recognise this piece of cement? Yes, sir.
You will notice that this broken corner will fit perfectly on the cement block.
And also there is blood on that broken corner.
Now, you heard Dr.
Walter testify that the blood on this piece of cement matches the blood type of the deceased.
- Yes, sir.
- And where did you find - this piece of cement? - In the trunk of Duane Jefferson's car - on the night of the murder.
- Thank you, lieutenant.
- Your witness.
- No questions.
You may step down, lieutenant.
I call Joseph Henrich to the stand, please.
Mr.
Joseph Henrich, take the stand, please.
Raise your right hand, please.
- Who is he? Do you know? CLERK: Do you solemnly swear-- I've never heard the name or seen the man in my life.
- I do.
- State your name, please.
- Joseph Henrich.
- Be seated.
Mr.
Henrich, would you please tell this court where you reside? I reside at 400 Ventana Drive.
- Do you also work there? - Yes, sir.
My wife and I are domestic workers in the house.
Is it true that this house where you work was rented to Mr.
George Baxter? That is right.
Our regular employers rented the house to Mr.
Baxter, but my wife and I stayed with the house.
On the 5th of June, were you at the house? Yes, that was the day when Mr.
Baxter arrived.
I stayed with him in the house until about, uh, 6:30.
Then I went out to polish my car.
Did anyone else come to the house that day? HENRICH: Yes, sir.
At about 7:00-- It was getting dark about then.
--I heard a car pull up, so I went to look.
- It was that man.
- You mean the defendant? Yes, he came and went in the house.
Now, to the best of your knowledge, Mr.
Jefferson and Mr.
Baxter were the only ones in the house.
Yeah, that's all.
And could you tell us what happened after that? A short while later, I heard loud voices.
They were both arguing.
Then I heard Mr.
Baxter shout: "Don't be a fool, you will never get away with it.
" Then I heard a sound like a groan, and then it was all quiet.
What did you do after that? I was getting very worried so I went to talk to my wife about it.
She told me to-- Not to interfere.
About 8:00, we heard sirens and the police arrived.
Did you then enter the house with the police? - Yes, sir.
- And was Mr.
Baxter there? - No, sir.
- Thank you, Mr.
Henrich.
That's all.
Your witness.
Mr.
Henrich, you talked about living in the house at 400 Ventana Drive.
Specifically, do you mean that you live in the house itself or somewhere near the house? No, sir.
My wife and I don't live in the house.
We have an apartment over the garage.
Now, you stated on direct examination that after the argument, and after the time you heard the groan when the following silence took place, you went to discuss the matter with your wife.
- Where was your wife at that time? - She was in our apartment.
Now, when you are in your apartment over the garage, is it possible for people to leave or enter the main house without your hearing it? Yes, sir.
At that time, it is possible.
I assume that it's also possible for something to happen inside the house that you don't hear? Oh, naturally, sir.
However, you heard the argument and the groan while you were outside.
Yes, sir.
And you were worried about what had happened? Well, yes, sir.
But you did not go inside the main house at that time? No, not until the police arrived at 8:00.
So you cannot swear from your own knowledge that anything did happen which would have resulted in the death of George Baxter at the hands of Duane Jefferson? No, I cannot swear that.
Thank you, Mr.
Henrich.
That is all.
You may step down, Mr.
Henrich.
That concludes the case for the State, Your Honour.
The prosecution rests.
Does the defence wish to make a motion? Yes, Your Honour.
At this time, I move that the court instruct the jury to bring in a verdict of not guilty on the ground that the evidence as present before the court, is not sufficient to support a verdict of guilty.
The motion is denied.
Are you ready with your first witness, Mr.
Mason? Defence is ready, Your Honour.
I call the defendant, Duane Jefferson.
CLERK: Mr.
Duane Jefferson, take the stand, please.
Raise your right hand.
Do you solemnly swear the testimony you're about to give to be the truth, the whole truth? - I do.
- State your name.
- Duane Jefferson.
- Be seated.
Mr.
Jefferson, will you also state where you were born? South Africa.
And are you at this moment a citizen of the Union of South Africa? I am.
Mr.
Jefferson, you have heard the prosecution introduce witnesses from whose testimony this jury is expected to draw the inference that you were criminally responsible for the death of George Baxter.
Now, is there anything you can say that will contradict that testimony? I can only say that it's completely false and that I'm innocent.
Do you have any facts that will support that statement? Well, for one thing, I spent the entire evening in the company of another person.
This other person, was it a man or a woman? A lady.
Could you tell us what time you met this lady? About 7 p.
m.
at the Toreador for cocktails.
How long would it take you to get from the Toreador to 400 Ventana Drive? At least an hour.
And what time did you leave the lady? A little after midnight.
Now, Mr.
Jefferson, would you please tell this jury the name of the lady? You know very well, Mr.
Mason, I can't tell this jury or anybody else - the name of the lady.
- Why? Simply because it'd be ungentlemanly and completely improper.
Can you give us the reason? Because the lady happens to be married.
And you are refusing to disclose her identity, knowing full well your life is in jeopardy? I'm afraid there's no alternative.
Mr.
Jefferson, are you well-acquainted with a lady named Patricia Taylor? I object, Your Honour.
Defence counsel can create a situation tantamount to criminal slander by insinuating with any name at random.
Just a moment, Mr.
Burger.
I agree completely with the prosecutor's feelings in this matter, Mr.
Mason.
I beg the court's indulgence in permitting me to perform my duty as a defence attorney.
If I'm permitted to speak my mind, may I say that I agree completely with Mr.
Burger? If it please the court, I don't need any support or agreement from the defendant in this case.
Order, gentlemen, order.
This matter is getting completely out of hand.
I will allow Mr.
Mason to continue.
But I warn you, counsellor, of the direct consequences if you fail to connect this name in your case.
MASON: Your Honour.
Now, Mr.
Jefferson, I ask you once again.
Do you know Patricia Taylor? JEFFERSON: I am acquainted with Mrs.
Taylor.
And will you now state that she was the lady in your company on the night of the murder? I've told you repeatedly, Mr.
Mason.
I was with a certain lady and that's all there is to say.
Your witness, Mr.
Burger.
Mr.
Jefferson, am I correct in assuming that you're presenting yourself here as an example of the last stronghold of chivalry, sort of a modern Sir Galahad? I am simply withholding information I have no right to reveal.
Well, then will you state for us flatly, here and now, that Mrs.
Patricia Taylor was not your companion of the evening on the night of the murder? I can only tell you that I'll not name the lady.
And while you pretend to protect the lady who shall be nameless, you're willing to vilify and besmirch Mrs.
Patricia Taylor.
I think we can use less gentlemen like you, sir.
No more questions.
You may step down.
Will you call your next witness, Mr.
Mason? Your Honour-- Your Honour, I call Mrs.
Patricia Taylor to the stand.
Please! Mr.
Mason, you can't do this.
I forbid it! Your Honour, I object to this obvious attempt on the part of the defendant to win the sympathy of the jury.
The defendant will sit down.
Sit down, sir! And you will refrain from these prejudicial outbursts.
Call the next witness.
Mrs.
Taylor, are you acquainted with the defendant in this case? I am.
Did you have certain correspondence with him while he was still in South Africa? Yes.
Would you say this correspondence was of a friendly nature? Up to a point.
Would you tell us what that point was? Well, he refused to send back some letters that I had written to him.
MASON: Did you then illegally enter his office and apartment in order to recover those letters? PATRICIA: Yes.
You heard Mr.
Jefferson testify that on the night of the murder, he spent the evening with a woman, a woman he refused to name.
Were you that woman, Mrs.
Taylor? Yes.
I was with him for about 15 minutes, but there was nothing romantic between us.
I despise the ground he walks on and I had the pleasure of telling him so.
No further questions.
Just a moment, Mrs.
Taylor.
I appreciate Mr.
Mason's kindness and consideration, but unfortunately, he didn't go far enough.
Let's talk about the letters the defendant sent you.
Were they completely gentlemanly? I object, Your Honour, on the grounds of best evidence.
If Mr.
Mason is calling for the letters, I have them right here.
If counsel will stipulate that these are in the handwriting of the defendant, I will introduce them into evidence now.
May I see the letters? First stipulate.
I assure you in open court that I know from statements of unimpeachable witnesses that these letters are in the handwriting of the defendant.
Very well.
I'll stipulate, upon that assurance of the district attorney.
I enter them into evidence.
Mrs.
Taylor, with regard to the letters and other items that you sent to the defendant, did you write and ask him to return them? Yes.
I call your attention now to this particular letter which the defendant sent you.
I quote you from the third paragraph.
"There will be some delay in returning the cartoons by mail, as you have been requesting.
My reason: I should like nothing better than the prospect of returning them to you personally.
This, I think and hope, will take place in the very near future.
" End of quote.
- Did you receive this letter? - Yes.
- Did you then meet the defendant? - Yes.
Did he return the letters and cartoons to you at that time? No.
Did he give you any reason for his withholding them further? He said he could use them against my husband.
Could use them or would use them? He could unless I prevented it.
What were you supposed to do to prevent it? Give him money.
Well, that's blackmail, pure and simple, isn't it? I suppose it is.
Now, on the night of the murder, you admitted that you went - to meet him and did meet him.
- Yes.
- What time was the appointment? - Seven o'clock.
- What time did you arrive? - Seven o'clock.
- What time did the defendant arrive? - Eight-thirty.
- And when did you leave him? - Eight forty-five.
Then if, as the defendant himself has testified, it takes him an hour to drive from the Toreador Café to 400 Ventana Drive, it would be perfectly possible for him to have seen you as he did and still have committed the murder.
Objection, as calling for a conclusion of the witness.
Sustained.
The facts in evidence indicate that the body of the deceased was in the trunk of the defendant's car.
Could your presence in his company from 8:30 to 8:45 that evening have possibly prevented the defendant from getting rid of the body at 10:00 that night? Objection, as being argumentative and calling for an opinion from the witness.
The asking of this question and any further examination along this line is prejudicial, and I assign it as misconduct on the part of the district attorney.
Sustained.
The prosecution will refrain from continuing with this line of questioning.
Redirect, Mr.
Mason.
Mrs.
Taylor, do you know if the defendant had a meeting with another married woman after you left him, a meeting which might have kept him at the Toreador until 10:00 or after? If he did, he didn't tell me.
Thank you.
That's all.
You may step down, Mrs.
Taylor.
[KNOCK ON DOOR.]
Come in, Paul.
PAUL: The, uh, jury still out? - Yup.
Well, I regret to report I still have not been able to identify this woman in the picture with Jefferson.
I still say I know that woman from somewhere.
Here, look at these pictures.
Isn't that the same man and woman at the adjoining table in both pictures? Look at that hat.
- I can't tell.
- Faces are too small, Perry.
I'm only saying, if it is the same man and woman, then these pictures were taken on the same night at the same place.
- The night of the murder.
- Paul-- [PHONE RINGS.]
Hello? Oh, thank you.
The jury is ready to return with the verdict.
Well, what's there to do now, Perry? I don't know.
Have these pictures blown up.
I'll see you in court.
Ladies and gentlemen of the jury, have you reached a verdict? We have, Your Honour.
Will you state it, please? We, the jury impaneled to try the above entitled case, find the defendant guilty of murder in the first degree.
I will convene the jury tomorrow for the purpose of taking evidence bearing upon the sentence to be given the defendant.
Is that agreeable with the defendant? It is, Your Honour.
I will further stipulate that Friday will be satisfactory for presenting a motion for a new trial.
JUDGE: Mr.
Burger? Perfectly all right, Your Honour.
Very well, so ordered.
The defendant is remanded to custody of sheriff.
Court stands adjourned.
[ALL CHATTERING.]
Well, it's all in the evening edition.
"Jury fixes death penalty for Perry Mason's client.
Mason to appear in court Friday on motion for new trial.
" I know.
I was there.
Why can't I remember that face? - Have you heard from Paul yet? - Not yet.
[INTERCOM BUZZES.]
Yes, Gertie.
- Mr.
Lumis on the phone.
- Ah.
[KNOCK ON DOOR.]
He can't talk to anyone right now, Gertie.
Here are the blowups, Perry, and you were right.
That couple in the background is the same in both pictures.
Then it was the same night.
Now, if we could only think who this woman was.
Wait a minute.
I've got it.
I saw this woman coming out of the diamond office when I went up there to see Lumis.
Perry, is there a Mrs.
Lumis? Let's find out.
Paul, you ready for some night driving? - Sure, where are we driving to? - I'm not sure myself yet.
We'll keep in touch, Della.
Come on, let's go.
Ah, Mason.
Hello, Lumis.
- May I come in? - Yes, of course.
LUMIS: Would you excuse us for a moment, please, my dear? MASON: I'd like Mrs.
Lumis to hear what I have to say.
I told you in the beginning, Lumis, I'd use anything I could find in defence of Duane Jefferson.
Well, you're not trying to implicate me? Calm down, Walter.
Mr.
Mason hasn't accused you of anything.
I think he has something else on his mind.
MASON: I have.
Unless I can establish a 10:00 alibi for Jefferson, the night he was supposed to have gotten rid of the body, I haven't a chance on my motion for a new trial.
I've got to find the woman he was with after Mrs.
Taylor left the Toreador.
But I've already told you, I have no idea who the woman is.
Are you telling me there's still a chance to save Duane Jefferson? It's not too late? Yes.
There's still a chance.
Walter, there are limits beyond which a decent, self-respecting person cannot go.
Mr.
Mason is being very direct, but what he implies is quite true.
I'm sorry, but I have been seeing Duane.
What? I hoped to spare you, Walter, hoped that Duane wouldn't need my testimony.
But after I heard about the verdict, I made up my mind.
I was coming to see you anyway, Mr.
Mason.
I was with Duane Jefferson the night of the murder, up until midnight.
Are you willing to take the witness stand and testify to that? - Yes.
- I know you'll never regret it.
I'll be in your office first thing in the morning.
You can count on that.
I'm sorry, Mr.
Lumis.
Truly sorry.
[DOOR OPENS.]
[DOOR CLOSES.]
How could you do a thing like that? You do want to save him, don't you? You might be risking all our lives with this.
We're in the clear.
A couple more hours and we'll be in Mexico, and all this rotten business will be behind us.
That's right, we'll be there, but he'll be here.
Well, he asked for it, didn't he? When you and I went into this together, we didn't bargain for blackmail or murder.
That was his idea.
And I think he's rather got it coming to him.
If you're that afraid, why don't you take off for Mexico tonight? I'll join you there as soon as I've cleared him.
Very well, I will, if that's the way you like it.
Walter, you won't forget that there's somebody else you have to take with you.
I won't forget.
Don't worry.
- How is he? - About the same.
- Any trouble? - Trouble from him? LUMIS: I hope you're ready to take a long trip.
I want to get out of here.
LUMIS: Lie down, you're not going anywhere yet.
Now, if you go quietly, it may not be too unpleasant a trip.
See who that is, but be careful.
Who are you? Unh! PAUL: Don't put your hands in your pocket.
I don't think you have to worry about Mr.
Lumis.
[ALL CHATTERING.]
This is the time fixed for hearing a motion for a new trial and for pronouncing judgement in the case of People against Duane Jefferson.
Do you wish to be heard, Mr.
Mason? Yes, Your Honour.
Will Mr.
Duane Jefferson please stand? MASON: Come forward, please.
BURGER: Wait.
Let's get this straight.
Here's the defendant standing within the bar.
But Duane Jefferson is standing here.
I'm moving for a new trial on the ground that the entire trial of Duane Jefferson for first-degree murder took place in his absence.
Your Honour, the defence counsel can't confuse the issues like this.
It doesn't make any difference whether this is Duane Jefferson or John Doe.
He's the man who committed the murder.
He's the man who was tried for the murder.
Whether he uses the name of Duane Jefferson or any other name that's not his own, he's the man that's gonna be sentenced for the murder.
But you introduced evidence directed against the real Mr.
Jefferson.
And letters written by the real Mr.
Jefferson were part of that evidence.
- What about it? - Well, it's false evidence.
It was admitted only on your assurance it was true.
Now just a moment, Mr.
Mason.
The court's going to require that you make a full explanation of this matter.
Of course, Your Honour.
Your Honour, the man standing here is the real Mr.
Jefferson.
He was sent to this country together with Walter Lumis to open a branch of the South African Diamond Company.
Then who is that man standing at the defence table? MASON: His name is James Kincaid.
He conspired with Walter Lumis to take the place of the real Mr.
Jefferson.
For what purpose? For the purpose of absconding with $500,000 worth of diamonds which were brought to this country by the deceased, George Baxter.
Lumis planned to accept delivery of the diamonds from Mr.
Baxter and then disappear in Mexico.
When Mr.
Jefferson refused to go along with his scheme, why, Lumis then recruited James Kincaid.
And he then replaced Jefferson.
That's right, Your Honour.
Almost immediately, Baxter realised something was wrong, refused to hand over the diamonds.
So Kincaid then disposed of Mr.
Baxter.
Your Honour, this is just another wild-eyed, dramatic grandstand play for which counsel is so noted.
Now just a moment, gentlemen.
Before I make any ruling, I suggest the court take an adjournment for 15 minutes, while I ask counsel for both sides to meet in chambers.
The defendant, meantime, is in custody.
He will remain in custody.
Stand adjourned.
[ALL CHATTERING.]
I can't get over it.
Poor Burger.
All that work and now Judge Hartley orders a new trial.
Well, he'll still wind up a hero if he doesn't forget to try the phoney Duane Jefferson under his right name of James Kincaid.
I'll bet he and Tragg are celebrating tonight.
Heh.
I wonder why they didn't invite us.
Isn't this nice? - What's that, Della? - It's a wire from Senator Ralph Taylor, thanking you for not exposing those cartoons in court.
Mm.
Fortunately, we were able to clear up the case without using them.
Speaking of clearing things up, why was Burger so sure of Jefferson's handwriting? Well, simply because he had Pat Taylor's innocent assurance that those letters had been written to her by Jefferson.
Neither Pat nor Burger had any inkling that the defendant wasn't the real Duane Jefferson.
Now I have a question.
Why didn't Mrs.
Lumis join in that phoney alibi right away? Her husband was afraid if she did, the whole thing would be exposed.
Of course, that's why Kincaid held out.
He really believed the jury would go for that gallant routine of his.
Well, I hope you'll both be gallant when we have dinner with them tonight.
Dinner? Dinner with whom? Burger and Tragg? No.
With Senator and Mrs.
Ralph Taylor and the real Duane Jefferson.
- It's right here in the wire.
- Read it to us, Della.
Oh, no, no.
Della has been the detective on this one.
Here, you read it.
[MASON CHUCKLES.]
"I wish to thank you for not exposing those cartoons in court.
Stop.
Pat and I would like you to come to dinner--" That's enough.
Now, would you like to take a couple of notes? [BOTH CHUCKLE.]