Perry Mason (1957) s02e23 Episode Script
The Case of the Howling Dog
( noirish jazz theme playing ) ( mysterious themeplaying ) ( thunder crashes ) Mrs.
Forbes-- ( thunder rumbles ) ( thumps ) ( thunder crashes ) Good night, nurse.
Good night.
( dramatic theme playing ) MAN: Your sister has never been restless or unhappy, Mr.
Cartright.
I can't understand why she'd want to run away.
Did she have any money, Dr.
Bayliss? The money you gave her on your visits.
I didn't want to do anything before consulting you, but now we can call the police.
Call the police? My sister isn't homicidal, is she, doctor? Well, I-- I didn't mean to imply that, but Mrs.
Forbes did suffer a severe nervous breakdown after her divorce.
You told me she had practically recovered.
Well, I did think so, but-- Then we don't need the police.
I'll handle it myself.
If you'll assume all responsibi I always have, haven't I, doctor? Very well.
Goodbye, sir.
Goodbye.
( door opens, shuts ) Miss Finnigan? FINNIGAN ( on intercom ): Yes, Mr.
Cartright? We used a detective agency in Los Angeles last year.
The Drake Detective Agency? Yeah, that's right.
Will you get Mr.
Drake for me, please? ( clicks ) ( dramatic theme playing ) There it is, Andrews.
That's the place you're going to watch.
And here is a picture of my client's sister, Mrs.
Evelyn Forbes.
She's the woman you're looking for.
What's she going there for, Paul? That is where her former husband lives.
( dog barking ) Will you wait for me, please? ( dog barking ) Oh.
Oh.
Oh, Sammy.
Oh! Oh, you.
What are you doing here, Evelyn? Hello, Clinton.
The last I heard, you were in New York.
In an institution.
What do you want? You stole $125,000 from me and I want it back.
I don't want to depend on my brother's generosity.
Clinton You are insane, aren't you, Evelyn? I just want my money back.
Drop it! Ha-ha.
How stupid of you, Evelyn.
Who were you going to use this on: me or on yourself? Why don't you consider overdose of sleeping tablets? They tell me they're painless.
( dog barking ) ( engine starts ) ( car departing ) That's right, Paul.
I'm in the lobby of the Thursby Hotel.
She's registered here.
Just went upstairs.
Room 7-D.
Just a second, Andrews.
That's where your sister is, Mr.
Cartright.
Do you want my man to stay with her? Uh, no.
It'll be all right now.
Okay, Andrews.
Come on in.
We paid a month's rent on that furnished house Andrews used for observation.
Good.
Uh, may I have the keys? Sure.
By the way, the Thursby Hotel is on Pacific and 18th.
Thanks.
Will you listen to me, Evelyn? Come home.
Where is home, Arthur, the Bayliss Sanitarium? Myhome.
It's yours too, you know.
No, Arthur.
I got my share of Dad's estate.
If I married someone who got most of it away from me, that'smybad luck.
Boy, I didn't do either one of us a favor when I married Clinton Forbes, did I? He stole my money, divorced me, and then took your wife, Polly, away from you.
That's over and done with.
You're still in love with Polly, aren't you? You don'treallymind coming out here after me.
It gives you a chance to see her again.
You're right.
( dramatic theme playing ) ( sighs ) Oh, hello.
Have a good game? You can leave the glasses off, Miss Brent.
I know all about them.
Polly, what's gotten into you? The whole thing's pretty transparent, isn't it, Clint? She needs those glasses just about as much as I do.
She's trying to look like your secretary instead of yoursweetheart.
Polly, I think the heat's affected you.
Maybe she can use those glasses, to see you for what you really are.
I wish I had eight months ago, before I married you and bought this house, loaned you most of my money.
( chuckles ) She doesn't know anything.
She's just guessing.
We've got to be careful.
( man whistling ) ( dog barking ) It's your football player.
Make some excuse for tonight.
Oh.
That's not smart, Clinton.
Bill Johnson's part of the background now.
He's useful.
( chuckles ) Hi, honey.
Did you hear from the 49ers yet? Nah, but that doesn't mean a thing.
Those pro football managers like to keep a guy dangling.
Oh, Bill, please.
What's the matter? This is not the place.
All right, I'll find the right place tonight.
All right.
( dog howling ) ( mysterious theme playing ) ( howling ) ( dog howling ) You must excuse my rambling on like this, Mr.
Mason, but, uh, I've, uh, had a lot of trouble sleeping the last two nights.
I've been kept awake by a dog howling in the neighborhood.
That can be quite irritating.
Now, Mr.
Cartright, you said you, uh, wanted some help with a will.
Yes.
Suppose a man dies in the electric chair, or the gas chamber.
You mean, if he's executed for a capital crime? Yes.
Is his will still valid? Mm.
His will isn't affected.
Do you have something in mind, Mr.
Cartright? I was just curious.
How'd you happen to come to me? Uh, you were recommended by a private detective, uh, Paul Drake.
Uh, actually, it's a very simple will, Mr.
Mason.
I want my property-- All of it.
Real and personal.
--to go to Mrs.
Polly Forbes.
Who's she? She happens to be my former wife.
She divorced me.
And you still want to leave her your entire estate? I'm still in love with Polly, Mr.
Mason.
If she's happy with Clinton Forbes, her present husband, that's one thing, but if she isn't, I want her back.
Do you think she's unhappy? It's just a matter of time.
Forbes is a phony.
He only marries women for their money.
He took $125,000 from my sister before he divorced her.
It was a real mess.
My sister Evelyn and Forbes came to spend the Christmas holidays with us.
When Forbes left, he took my wife with him and left my sister with a nervous breakdown.
There are no other provisions for your will? None, Mr.
Mason.
All right, Mr.
Cartright.
Thank you.
And don't worry, Mr.
Mason.
I'm not planning a capital crime.
Not yet, anyway.
( dramatic theme playing ) ( doorbell rings ) Good morning, Della.
Good morning, Perry.
Anything interesting? Fascinating.
Special delivery from Arthur Cartright.
Includes a will among other things.
( sighs ) Ten of them.
It's $10,000.
Note's inside.
"Dear Mr.
Mason, I'm enclosing this money "in the hope you will accept it as a retainer.
"I want you to represent the beneficiary "named in this will and fight for her interests "all the way through.
"I think I know now why the dog howled.
Sincerely yours, Arthur Cartright.
" Leaves all his property to his sister, E.
Evelyn Cartright.
Appointed me executor to represent her in every form of legal matter, which may arise incident to the will, growing out of the will, growing out of his death, or in any manner connected with her domestic relationship.
Covers quite a bit of territory, doesn't it? That's quite a-- Change of heart? Yeah.
Yesterday he wanted to leave all his money to his former wife, Polly Forbes.
Della, see if you can get Mr.
Cartright on the phone.
Yeah, I have it.
( knocking on door ) Hi, Paul.
Good morning, Perry.
Paul, didn't you tell me yesterday that you were no longer working for Arthur Cartright? Mm-hm.
That's right.
Then there's no conflict of interest if you work for me? Nope, none at all.
No answer at 4793 Mill Pass.
That's across from Forbes' house.
My operative, Andrews, spent some time there.
Do you have Mr.
Forbes' number? Sure.
Della, see if you can get Mr.
Forbes on the phone.
Yes, Mr.
Mason? I'm calling you about a howling dog, Mr.
Forbes.
A howling dog? What are you talking about? Don't you have a dog that's been howling all night? Of course not.
Now, look, Mason-- My client in this matter is Arthur Cartright.
Oh? Mr.
Mason, in life a man makes a certain number of enemies.
Well, perhaps this evening, after dinner? Your home, 9:00? Fine.
I'll see you then.
( suspenseful theme playing ) ( rings ) Mr.
Forbes? Mr.
Forbes? MASON ( reading ): MAN ( over radio ): Seven-five-two, KMA-752, KMA-628 calling.
Yes, Paul? I thought you might want to know: I've had Andrews on observation.
Since when? Seven o'clock this evening.
He's waiting at the house I rented for Cartright right now.
Fine, Paul.
( car approaches ) ( parking brake clicks ) Can I help you, ma'am? I'm Thelma Brent, Mr.
Forbes' secretary.
What's going on? Have you been away all evening? I've been to the theater.
Alone? Yes, alone.
What is it? What's wrong? You'd better ask for Lieutenant Tragg.
He's inside.
MAN ( over radio ): 4700 Ward Row Road.
A 5-80-60.
Well, there was, uh, no action till about 7:45.
Then a woman came out of the house.
Same woman who just drove in.
Thelma Brent, Forbes' secretary.
She, uh, got in that Sunbeam convertible and drove off.
Go on.
Well, at seven minutes after 8, a taxicab pulls up and another woman gets out.
Did you recognize her? I, uh, couldn't swear to it, Mr.
Mason but I'm almost sure that it was Mrs.
Forbes, Cartright's sister.
Did you get the cab's license number? No, I couldn't, but, uh, I got the cab number painted on the side of the cab: Did the woman go into the house? Yes.
How long was she in there? Oh, five minutes, uh, six at the most.
Did the cab wait for her? No, the, uh-- The cab pulled away, and when she came out, she was nervous.
She walked up and down, up and down, and she was about ready to start off when the cab came back and she left in it.
All right, go on.
ANDREWS: Uh Oh.
A couple of minutes later, a man came out of the front door and went down the road.
A man? A young ma-- Young fellow.
He's tall, husky, uh, had a varsity sweater on.
I've seen him around here before.
You were on here every minute? That's right.
Didn't you report to Drake? Well, I-- I called in.
The phone's downstairs.
How long were you gone? Ten minutes, at the most.
But long enough for someone to enter and leave that house without your knowing.
Well, it could be.
Andrews, did you hear that police dog howling tonight? No, sir.
I want to find out where that blue-checker cab dropped the woman you think is Evelyn Forbes.
Well, that shouldn't be too tough, Perry.
Come on, Andrews.
We'd better get going.
I'll be at the office, Paul.
Right.
( mysterious theme playing ) PAUL: This is the fastest service you ever got.
The cabbie's name is Joseph D'Amato.
He lives at 14 East 20th.
He dropped Evelyn Forbes at the Thursby Hotel.
How'd the cab driver identify Miss Forbes? Well, he didn't remember her too well.
Five-feet-four or five, brunette, he thinks, wearing a gray outfit, nice figure.
And she left a handkerchief in his cab.
He figures on turning it in to the lost and found in the morning.
Paul, I want to hire an operative for a special job.
Brunette, about 5'4".
I want her to wear a gray outfit.
She's got to be able to keep confidence.
Think you can find such a woman? I've been looking for one like that for years.
This job has to be done tonight.
And we have to find Arthur Cartright.
You're, uh, starting to walk that legal tightrope again.
When a client's interests are in jeopardy, I'll do whatever necessary.
MASON: Miss Storm, thank you very much for wearing the gray outfit.
I'm only following Mr.
Drake's instructions.
Well, where do we go from here? I'd like you to go to this address.
Ask for a cab driver by the name of Joseph D'Amato.
Tell him you left a handkerchief in his cab when he drove you from 4889 Mill Pass Drive to the Thursby Hotel.
It must be a very valuable handkerchief.
It is.
Don't let him get a clear look at your face, keep your voice low, and if he asks your name, just make one up.
Mr.
Mason, I'm sure you wouldn't ask me to do anything that would, uh, make me lose my license? You won't be doing anything illegal.
What else will there be? You may have to appear in court.
To testify? Perhaps, but if you do, you'll only have to tell the truth.
Well, Miss Storm? I never heard it said that you'd lie to a girl, Mr.
Mason.
I'll do your job.
Good.
Thank you.
( suspenseful theme playing ) ( buzzing ) Good evening, Mrs.
Forbes.
My name is Mason.
I'm an attorney.
May I come in? Yes.
What do you want, Mr.
Mason? Your former husband, Clinton Forbes, was murdered tonight.
Oh, no.
Didn't you know? Of course not.
How would Iknow? You were there.
Was Mr.
Forbes alive when you got there? No.
He was dead.
Mr.
Mason, why have you come to me? I accepted a retainer from your brother in your behalf.
If you don't want me to represent you, why, just tell me now and I'll leave.
But I don't know.
What are you to represent me for? Murder.
( dramatic theme playing ) No.
But-- How could they think I killed Clinton? You can be placed on the scene at approximately the time of the murder.
The decedent was a man who abandoned you, who stole $125,000 from you.
Didn't he? Yes.
You were in the house five or six minutes.
Now, what did you do there? Open the wall safe, looking for your money? No.
Did you touch things, leave fingerprints? I don't know.
Maybe I did.
Do you own a gun? Yes, I had a gun, a .
38, but Clinton took it away from me! Did you see the gun lying on the floor near the body? Was it yours? I don't know.
I didn't kill him, Mr.
Mason.
Do you know you left your handkerchief in a taxicab earlier this evening? Oh, no.
Oh, where's my brother? That's a question I was going to ask you.
He called last night.
He said he was going away.
But All right, Mrs.
Forbes.
We have time to do some things before the police arrive.
Come in, lieutenant.
Oh.
Good morning, Perry.
Well, good morning, lieutenant.
You sounded so urgent over the phone, I decided to come myself.
What was it you mentioned, a handkerchief? Mm, yes.
Very pretty.
Hm.
Initials and everything.
It was left in a cab.
A blue-checker cab, number 86-D.
Took a woman to Clinton Forbes' house at exactly 8:07 last night.
Where'd youget this? It, uh, came into my possession this morning.
I called you immediately.
Well, that was very civic-minded of you, Perry.
Thanks.
Now, there's, uh, something you can do for me.
Of course.
What? That, uh-- That paper that was in Forbes' hand-- Yes, I thought you might have that in mind.
It was a telegram.
It was addressed to Clinton Forbes, sent from San Diego at 5:03 yesterday afternoon.
"Clinton, call off police, "or we'll build publicity bonfire "that will scorch you and your romantic intrigues "to a cinder.
Stop.
"Don't try to find us.
We've seen the last of you.
Polly and Arthur.
" He, uh, got Missing Persons after them.
Police theory is that they slipped into Mexico.
That shouldn't stop you from looking for them.
They're still likely suspects in the murder, despite the telegram or the farewell note.
Well, we're thinking along different lines now, Perry.
Oh, uh, incidentally, did you, uh, speak to your client this morning? I don't recall mentioning a client.
Oh, really, you ought to go and speak to her.
Go where? Police headquarters.
We booked Evelyn Forbes for murder.
On what evidence? Oh, lots of evidence.
We've got her dead to rights, even without the handkerchief, although we thank you for small favors.
It was a good try, though, no matter what you're up to.
Well, see ya.
I propose to show that the defendant arrived at her ex-husband's house, entered it, and shot him in cold blood.
That she left her gun and her fingerprints in the murder room.
That she departed in a taxicab.
If it please the court, the state will ask that the defendant, Evelyn Forbes, be bound for trial for the willful, premeditated and cold-blooded murder of her former husband, Clinton Forbes.
Proceed with the prosecution's case, Mr.
Burger.
I show you this Smith & Wesson .
38-caliber revolver and ask if you can identify it.
Yes, sir.
It has my identifying marks scratched on it, it's the murder gun from the murder room.
And was it checked for registration and ownership? It was sold to Mrs.
Evelyn Forbes in White Plains, New York.
No, uh, police permit was issued.
I see.
If it please the court, I should like this weapon marked for identification and recevied as people's exhibit A.
Mm-hm.
Now, lieutenant, did you check the murder room for fingerprints? Yes, among others, we found the prints of Mrs.
Forbes on the desk, on a picture frame, and on the wall safe.
And when say "Mrs.
Forbes," to whom are you referring? The defendant.
Mrs.
Evelyn Cartright Forbes.
Thank you, lieutenant.
Cross-examine.
Now, lieutenant, these other fingerprints you found, whose were they? Well, the deceased, his wife, Mrs.
Polly Forbes, his former brother-in-law, Mr.
Arthur Cartright, his secretary, Miss, uh, Thelma Brent, and Mr.
William Johnson.
MASON: Will you please identify Mr.
William Johnosn for the court? He's the boyfriend of Thelma Brent.
He did occasional odd jobs for Mr.
Forbes.
And where were Mr.
Johnson's fingerprints found? Oh, on the desk, I believe, there were several in different places, he was a frequent visitor.
Then you've questioned him.
Yes, we have.
Something I've been unable to do.
He's been a very peripatetic young man these last six days, going from jail to jail, on what charges were you holding him? Material witness.
Isn't it true that you deliberately shuttled him from one jail to another to keep me from questioning him? ( man coughing ) Thank you, lieutenant.
That will be all.
JUDGE: Step down, lieutenant.
BURGER: And about what time did you leave the house? About ten past 7.
The show let out at 9:40.
I got home about 10.
I see.
Now, Miss Brent, would you tell us please what Mr.
Forbes kept in his wall safe? Contracts, insurance papers and cash.
Do you know how much cash? Quite a lot.
He liked to use cash for option money on land-purchase deals.
Between 60 and $75,000.
Really? Do you know the combination to the safe? No.
Nobody did except Mr.
Forbes himself.
He kept a memo of it.
I don't know where.
Thank you, Miss Brent.
Your witness.
Mr.
Forbes was an attractive man, wasn't he? Yes.
You lived in the Forbes' house, didn't you, Miss Brent? Yes, I did.
Now, Miss Brent, on the two evenings before the murder, was your sleep disturbed by the howling of Mr.
Forbes' police dog? No.
But then Sammy never howled, Mr.
Mason.
Your Honor, counsel is pursuing a course not covered in direct examination.
If he wants to establish that a dog was howling, or not howling, he can do so when he presents his own case.
Objection sustained.
Proceed, Mr.
Mason.
Your Honor, I'm finished with the witness.
JUDGE: All right.
You may step down, Miss Brent.
I call William Johnson to the stand.
MAN: Mr.
William Johnson to the stand.
I was stringing a tennis racket for Mr.
Forbes.
I was in the workshop.
That's down in the cellar.
BURGER: About what time was this? Eight o'clock, maybe a few minutes afterwards.
Go on.
Well, I wanted to ask Mr.
Forbes where he kept the press for his tennis racket, so I walked up the cellar stairs and was about to go into the library when I heard the voices.
Were they distinguishable? Uh, no, sir.
Couldn't tell what was being said, but I-- I did recognize Mr.
Forbes' voice.
And what about the other voice? Uh, no, sir, I'd never heard it before.
Woman's voice, though.
She was kind of emotional.
That's why I didn't interrupt and I went back downstairs.
And what happened then? Well, I just started to work again when I heard the shots.
Well, I ran up the stairs.
The study door was locked from the inside.
Tried to break it in, but it wouldn't give.
Then I remembered there was another door, so I ran through the kitchen, down the hall and into the study.
Just then I heard a car in the driveway.
Walked over to the window and looked out, and I saw this blue-checkered cab pulling away.
Could you identify the passenger? JOHNSON: Uh, no, sir, except it was a woman wearing a gray outfit.
All right, uh, what did you do then? Well, I looked around, and I found Mr.
Forbes.
He was dead.
Now, Mr.
Johnson, it's a matter of record that you did not report this crime to the police.
Could you explain that to us, please? Well, uh-- About eight months ago I got into a little trouble with a postdated check.
It was only $15, but, uh, the police really put me through the ringer.
Well, ever since then, I Well, I just didn't want to get involved with them again.
I understand.
Thank you, Mr.
Johnson.
Cross-examine.
I notice you've been very careful in your choice of words, Mr.
Johnson, almost as though you'd been coached.
Have you been? No, sir.
Haven't you discussed your testimony with the district attorney? Yes, sir, but he didn't coach me or tell me what to say.
Now, let's understand this thoroughly.
You can't identify the woman's voice you said you heard? No, sir.
Or the person who left in the departing cab? No, sir.
Then it could have been any one of 80 million women in this country? Yeah.
Look, uh, I don't want to get anybody in trouble-- All right, you haven't.
Thank you.
That will be all.
BURGER: I call Joseph D'Amato to the stand, please.
( Italian accent ): So when I take her there she tell me to wait.
Well, I tell her, "Well, I need gasoline," you know? So she say, "Well, take care of it and come back.
" What happened then? Ah, well, I see her go into the house, and me, I drive away.
But I come back and pick her up.
And about what time was this? Oh, it's, uh-- Yes, here it is.
It's, uh-- It's after 8 p.
m.
, uh, maybe about ten minutes later, you know? Did you see the woman again that night? Yes, heh, uh, you see, she was my last fare on my way driving home.
Near midnight, this same woman, she ring the doorbell at my house.
She said she got my address from the company lost and found and that she left a handkerchief in my cab.
Well, she had, so I gave it to her.
That's all.
I see.
I show you now this initialed handkerchief and ask if you can identify it.
Yeah, sure.
Yeah.
It's the same one I give-- I give back to the lady.
Thank you, Mr.
D'Amato.
If it please the court, I should like this handkerchief entered as people's exhibit F.
All right.
Now, Mr.
D'Amato, would you look around this courtroom and tell me if you can identify the woman you have been talking about? Yes, sir.
Ex Mm, excuse me.
That's her, it's the one sitting right over there.
BURGER: Let the record show the witness is pointing to the defendant, Evelyn Forbes.
Thank you, Mr.
D'Amato.
Your witness.
Now, Mr.
D'Amato, isn't it a fact that after the night in question and during the past week, you saw the defendant on several occasions? That she was pointed out to you by officers at police headquarters while in jail? Well, y-y-yes.
T-that's true.
It's an old and subtle headquarters trick, Mr.
D'Amato, designed to change a witness's doubt about an identification into certainty.
But-- But I'm sure about that one! She was my passenger! Now, when this woman called at your house near midnight, did she go inside your house? No, she stayed outside on the porch.
Was the porch light on? No, sir, but she is the one, all right.
I can't be mistaken! MASON: But suppose you are, Mr.
D'Amato.
Suppose you are mistaken about the identity of the woman who called for the handkerchief.
Mightn't you then also be mistaken about the identity of the woman you drove to Mill Pass Drive? D'AMATO: I ain't mistaken about either of them, but if I'm mistaken of one, well, then I could be mistaken about the other one.
Thank you, Mr.
D'Amato.
That's all.
JUDGE: Step down, please.
You'll have to come along with me, miss.
If the court please, Lieutenant Tragg is about to remove a witness from this courtroom.
Before that happens, may we approach the bench? Yes.
Come forward.
Your Honor, this young woman has been subpoenaed as a witness for the defense.
May I ask you to instruct the witness that she need talk to no one until called as a witness and to instruct the district attorney and Lieutenant Tragg that they are not to annoy her? Your Honor, all we intended to do was to find out from this young woman whether an arrangement had been made for her to approach the cab driver and claim that she was the person who had left her handkerchief in his cab.
Suppose she said yes? Then I intended to discover the identity of the person who had paid her to make this false representation and get out a warrant for his arrest.
All right, then.
I'm the person.
I did it.
Gentlemen, the discussion seems to be getting out of hand.
Your Honor, there's no law against a woman impersonating another, and there's no crime in claiming to be an owner of lost property, unless the claim is made for the purpose of stealing lost property.
Oh, you can't cover up like that.
Why don't you tell this court therealpurpose of this rigmarole? The purpose was to test the recollection of the cab driver, and I believe I was within my rights.
It appears that Mr.
Mason might very well be within his rights, but the court is only called upon at this time to pass on Mr.
Mason's request concerning this witness, and I do believe it's entirely in order, and you will refrain from seeking to annoy or intimidate this witness, Mr.
Burger.
Very well, Your Honor.
I don't care about the evidence of the cab driver.
It can't hurt my case a bit.
But I would like to find out how far this trickery of Mr.
Mason's has gone.
May I request the court to grant a ten-minute recess? I'll do better than that, Mr.
Burger.
It's, uh, approaching the noon hour, so we'll adjourn the court until 2 p.
m.
Thank you, Your Honor.
( tense theme playing ) Della, you'd better get some lunch.
I've got to check on something.
Are you still a professional football player? Yeah, I'm still in pro football, but it's the small-time now.
I wonder if you'd clear up something for me, Johnson.
Sure, if I can.
You said you got into the study just as the cab was pulling out.
That was four minutes after the time you heard the shots.
I guess so.
I'd say you got into the study less than a minute after.
How can you say that? Because you knew there was another entrance, just as you knew the combination to Forbes' safe.
No, Mr.
Mason.
And the reason you didn't call the police wasn't because you had been arrested before, it was because you had stolen the money from the safe.
You wanted to take it outside someplace and hide it.
I didn't kill him.
Oh, did it ever occur to you that when the police kept you out of circulation, they might have been using you for their own purposes? And that those purposes might have something to do with their suspicions about you? You, uh, wouldn't have hidden the money in one of the trophies, would you, Johnson? ( mysterious theme playing ) And in that five minutes, from the time I looked out of the window until I left the house, I took $62,000 out of the safe.
BURGER: So you lied on the stand this morning? Yes, sir.
And I also lied about identifying the woman whose voice I heard.
I heard it, and I saw her get into the cab.
She's the defendant, Evelyn Forbes.
( crowd murmuring ) Cross-examine.
Now, Mr.
Johnson, did you make this positive identification in order to save your own skin? No.
Isn't it true that you made a telephone call immediately after I left your room? No.
Didn't you, in fact, call Miss Thelma Brent? Didn't you tell her that you'd stolen the money, that I knew about it-- JOHNSON: No! MASON: --and ask her advice as to what to do? No! I did not.
Your Honor, since Mr.
Burger has recalled this witness in order to introduce new evidence, I would like to interrupt my cross-examination here to recall a previous witness.
Well, you're entirely within your rights, counselor.
I call Miss Thelma Brent.
MAN: Miss Thelma Brent, take the stand, please.
You're still under oath, Miss Brent.
Now, I ask you, Miss Brent, did Mr.
Johnson call you during the recess? Yes.
Did he tell you that he'd stolen the money? BRENT: Yes.
MASON: And ask your advice? Mr.
Mason-- Yes or no.
Yes.
I told him to go to the district attorney and confess.
Confess to what, the whole truth or half-truth? What do you mean? Did he identify the defendant to keep suspicion away from you? Does that require an answer, Mr.
Mason? Miss Brent, you said you went to the theater on the night of the murder.
What time did you get there? The feature had just started.
About 7:25.
It takes 15 minutes to get there from the house.
Then you left the house about 7:10? That's right.
That's the way I testified this morning.
But Mr.
Andrews said he went on duty at 7:00 and didn't see anyone go in or out of the house until 7:45, when he saw you go out.
He was mistaken.
He said he couldn't recognize the defendant, how could he recognizeme? It doesn't get dark until 8:00 this time of the year.
The defendant left the house at 8:13.
You claim you left at 7:10.
Now, Mr.
Andrews certainly would have seen someone leave at that time, even if he couldn't identify who it was.
( sighs ) All right, I wasn't at the house.
I-- I didn't want to bring this up, but, well, I was out of town with someone.
Are you implying this is very personal, Miss Brent? Yes.
May I guess where you went? Was it San Diego? You sent a telegram from there to Mr.
Forbes.
You signed it "Polly and Arthur" to establish them as being in San Diego.
Why would I do that? To make it seem they were alive.
Seem they were alive? They're dead, Miss Brent.
They were deadthen.
It's the only conclusion I could come to.
The only one that's based on the facts.
You killed Polly first to get rid of her.
You wanted Clinton Forbes and she was in your way.
That's ridiculous.
MASON: Isn't that why the dog was howling, Miss Brent? Because Polly was buried in the garden? How do I know why he howled? But you testified hedidn'thowl.
But then it's very easy to prove, all we have to do is dig in the garden.
Well, what if you find something? I don't know anything about it.
And then Arthur Cartright, who suspected why the dog was howling, came to see Polly.
He faced you.
You realized he would expose Polly's murder, so you killed him.
You're making me out a monstrous killer, Mr.
Mason, without a shred of proof.
I think youare a monstrous killer, Miss Brent, because after you twice killed for Clinton Forbes, you found out he had no intention of ever marrying you, so you killed him too.
If I was in San Diego, how did I kill Clinton Forbes? Clinton was killed at 8:00.
Your man said he saw me leaving the house at 7:45.
Forbes was killed sometime between 7:30 and 8:30.
You could have killed him before you walked out of that house.
How did I get in without your man seeing me? How did I get in? The telegram was sent from San Diego at 5:00.
The return trip by plane and then by car to the house is less than an hour and three quarters.
That would make it about a quarter of 7.
You entered the house before Andrews went on duty.
You've built a whole theory on nothing! Nothing! ( man coughs ) Do you want us to check the airlines, Miss Brent? Do you want us to check your handwriting on the telegram you gave the clerk? Do want us to get him up here from San Diego to identify you? ( dramatic theme playing ) He said we couldn't live together, knowing what he knew about me, even though he helped me bury them.
He said the day would come I'd hate him, be afraid of him, afraid he'd tell somebody what I'd done.
I said to myself: "Then why did I kill for him?" What was it for? I did it for him.
Now he was holding it against me to get rid of me.
He was a very attractive man.
I did tell you that this morning, didn't I? ( dramatic theme playing ) What is that? That is a dog named Sammy.
I thought he was shot and killed.
Where did he come from? A kennel.
You see, Della, when I phoned Clinton Forbes about the dog, he got worried about an investigation.
Oh, so he went to the kennel, boarded Sammy, and then--- And then took another police dog home, one that wouldn't know about Polly's body in the garden and, therefore, wouldn't howl.
Right.
Well what do we do with him? Just stay away from him.
He's a killer.
( sighs ) ( both chuckling ) ( coughing ) ( noirish jazz theme playing )
Forbes-- ( thunder rumbles ) ( thumps ) ( thunder crashes ) Good night, nurse.
Good night.
( dramatic theme playing ) MAN: Your sister has never been restless or unhappy, Mr.
Cartright.
I can't understand why she'd want to run away.
Did she have any money, Dr.
Bayliss? The money you gave her on your visits.
I didn't want to do anything before consulting you, but now we can call the police.
Call the police? My sister isn't homicidal, is she, doctor? Well, I-- I didn't mean to imply that, but Mrs.
Forbes did suffer a severe nervous breakdown after her divorce.
You told me she had practically recovered.
Well, I did think so, but-- Then we don't need the police.
I'll handle it myself.
If you'll assume all responsibi I always have, haven't I, doctor? Very well.
Goodbye, sir.
Goodbye.
( door opens, shuts ) Miss Finnigan? FINNIGAN ( on intercom ): Yes, Mr.
Cartright? We used a detective agency in Los Angeles last year.
The Drake Detective Agency? Yeah, that's right.
Will you get Mr.
Drake for me, please? ( clicks ) ( dramatic theme playing ) There it is, Andrews.
That's the place you're going to watch.
And here is a picture of my client's sister, Mrs.
Evelyn Forbes.
She's the woman you're looking for.
What's she going there for, Paul? That is where her former husband lives.
( dog barking ) Will you wait for me, please? ( dog barking ) Oh.
Oh.
Oh, Sammy.
Oh! Oh, you.
What are you doing here, Evelyn? Hello, Clinton.
The last I heard, you were in New York.
In an institution.
What do you want? You stole $125,000 from me and I want it back.
I don't want to depend on my brother's generosity.
Clinton You are insane, aren't you, Evelyn? I just want my money back.
Drop it! Ha-ha.
How stupid of you, Evelyn.
Who were you going to use this on: me or on yourself? Why don't you consider overdose of sleeping tablets? They tell me they're painless.
( dog barking ) ( engine starts ) ( car departing ) That's right, Paul.
I'm in the lobby of the Thursby Hotel.
She's registered here.
Just went upstairs.
Room 7-D.
Just a second, Andrews.
That's where your sister is, Mr.
Cartright.
Do you want my man to stay with her? Uh, no.
It'll be all right now.
Okay, Andrews.
Come on in.
We paid a month's rent on that furnished house Andrews used for observation.
Good.
Uh, may I have the keys? Sure.
By the way, the Thursby Hotel is on Pacific and 18th.
Thanks.
Will you listen to me, Evelyn? Come home.
Where is home, Arthur, the Bayliss Sanitarium? Myhome.
It's yours too, you know.
No, Arthur.
I got my share of Dad's estate.
If I married someone who got most of it away from me, that'smybad luck.
Boy, I didn't do either one of us a favor when I married Clinton Forbes, did I? He stole my money, divorced me, and then took your wife, Polly, away from you.
That's over and done with.
You're still in love with Polly, aren't you? You don'treallymind coming out here after me.
It gives you a chance to see her again.
You're right.
( dramatic theme playing ) ( sighs ) Oh, hello.
Have a good game? You can leave the glasses off, Miss Brent.
I know all about them.
Polly, what's gotten into you? The whole thing's pretty transparent, isn't it, Clint? She needs those glasses just about as much as I do.
She's trying to look like your secretary instead of yoursweetheart.
Polly, I think the heat's affected you.
Maybe she can use those glasses, to see you for what you really are.
I wish I had eight months ago, before I married you and bought this house, loaned you most of my money.
( chuckles ) She doesn't know anything.
She's just guessing.
We've got to be careful.
( man whistling ) ( dog barking ) It's your football player.
Make some excuse for tonight.
Oh.
That's not smart, Clinton.
Bill Johnson's part of the background now.
He's useful.
( chuckles ) Hi, honey.
Did you hear from the 49ers yet? Nah, but that doesn't mean a thing.
Those pro football managers like to keep a guy dangling.
Oh, Bill, please.
What's the matter? This is not the place.
All right, I'll find the right place tonight.
All right.
( dog howling ) ( mysterious theme playing ) ( howling ) ( dog howling ) You must excuse my rambling on like this, Mr.
Mason, but, uh, I've, uh, had a lot of trouble sleeping the last two nights.
I've been kept awake by a dog howling in the neighborhood.
That can be quite irritating.
Now, Mr.
Cartright, you said you, uh, wanted some help with a will.
Yes.
Suppose a man dies in the electric chair, or the gas chamber.
You mean, if he's executed for a capital crime? Yes.
Is his will still valid? Mm.
His will isn't affected.
Do you have something in mind, Mr.
Cartright? I was just curious.
How'd you happen to come to me? Uh, you were recommended by a private detective, uh, Paul Drake.
Uh, actually, it's a very simple will, Mr.
Mason.
I want my property-- All of it.
Real and personal.
--to go to Mrs.
Polly Forbes.
Who's she? She happens to be my former wife.
She divorced me.
And you still want to leave her your entire estate? I'm still in love with Polly, Mr.
Mason.
If she's happy with Clinton Forbes, her present husband, that's one thing, but if she isn't, I want her back.
Do you think she's unhappy? It's just a matter of time.
Forbes is a phony.
He only marries women for their money.
He took $125,000 from my sister before he divorced her.
It was a real mess.
My sister Evelyn and Forbes came to spend the Christmas holidays with us.
When Forbes left, he took my wife with him and left my sister with a nervous breakdown.
There are no other provisions for your will? None, Mr.
Mason.
All right, Mr.
Cartright.
Thank you.
And don't worry, Mr.
Mason.
I'm not planning a capital crime.
Not yet, anyway.
( dramatic theme playing ) ( doorbell rings ) Good morning, Della.
Good morning, Perry.
Anything interesting? Fascinating.
Special delivery from Arthur Cartright.
Includes a will among other things.
( sighs ) Ten of them.
It's $10,000.
Note's inside.
"Dear Mr.
Mason, I'm enclosing this money "in the hope you will accept it as a retainer.
"I want you to represent the beneficiary "named in this will and fight for her interests "all the way through.
"I think I know now why the dog howled.
Sincerely yours, Arthur Cartright.
" Leaves all his property to his sister, E.
Evelyn Cartright.
Appointed me executor to represent her in every form of legal matter, which may arise incident to the will, growing out of the will, growing out of his death, or in any manner connected with her domestic relationship.
Covers quite a bit of territory, doesn't it? That's quite a-- Change of heart? Yeah.
Yesterday he wanted to leave all his money to his former wife, Polly Forbes.
Della, see if you can get Mr.
Cartright on the phone.
Yeah, I have it.
( knocking on door ) Hi, Paul.
Good morning, Perry.
Paul, didn't you tell me yesterday that you were no longer working for Arthur Cartright? Mm-hm.
That's right.
Then there's no conflict of interest if you work for me? Nope, none at all.
No answer at 4793 Mill Pass.
That's across from Forbes' house.
My operative, Andrews, spent some time there.
Do you have Mr.
Forbes' number? Sure.
Della, see if you can get Mr.
Forbes on the phone.
Yes, Mr.
Mason? I'm calling you about a howling dog, Mr.
Forbes.
A howling dog? What are you talking about? Don't you have a dog that's been howling all night? Of course not.
Now, look, Mason-- My client in this matter is Arthur Cartright.
Oh? Mr.
Mason, in life a man makes a certain number of enemies.
Well, perhaps this evening, after dinner? Your home, 9:00? Fine.
I'll see you then.
( suspenseful theme playing ) ( rings ) Mr.
Forbes? Mr.
Forbes? MASON ( reading ): MAN ( over radio ): Seven-five-two, KMA-752, KMA-628 calling.
Yes, Paul? I thought you might want to know: I've had Andrews on observation.
Since when? Seven o'clock this evening.
He's waiting at the house I rented for Cartright right now.
Fine, Paul.
( car approaches ) ( parking brake clicks ) Can I help you, ma'am? I'm Thelma Brent, Mr.
Forbes' secretary.
What's going on? Have you been away all evening? I've been to the theater.
Alone? Yes, alone.
What is it? What's wrong? You'd better ask for Lieutenant Tragg.
He's inside.
MAN ( over radio ): 4700 Ward Row Road.
A 5-80-60.
Well, there was, uh, no action till about 7:45.
Then a woman came out of the house.
Same woman who just drove in.
Thelma Brent, Forbes' secretary.
She, uh, got in that Sunbeam convertible and drove off.
Go on.
Well, at seven minutes after 8, a taxicab pulls up and another woman gets out.
Did you recognize her? I, uh, couldn't swear to it, Mr.
Mason but I'm almost sure that it was Mrs.
Forbes, Cartright's sister.
Did you get the cab's license number? No, I couldn't, but, uh, I got the cab number painted on the side of the cab: Did the woman go into the house? Yes.
How long was she in there? Oh, five minutes, uh, six at the most.
Did the cab wait for her? No, the, uh-- The cab pulled away, and when she came out, she was nervous.
She walked up and down, up and down, and she was about ready to start off when the cab came back and she left in it.
All right, go on.
ANDREWS: Uh Oh.
A couple of minutes later, a man came out of the front door and went down the road.
A man? A young ma-- Young fellow.
He's tall, husky, uh, had a varsity sweater on.
I've seen him around here before.
You were on here every minute? That's right.
Didn't you report to Drake? Well, I-- I called in.
The phone's downstairs.
How long were you gone? Ten minutes, at the most.
But long enough for someone to enter and leave that house without your knowing.
Well, it could be.
Andrews, did you hear that police dog howling tonight? No, sir.
I want to find out where that blue-checker cab dropped the woman you think is Evelyn Forbes.
Well, that shouldn't be too tough, Perry.
Come on, Andrews.
We'd better get going.
I'll be at the office, Paul.
Right.
( mysterious theme playing ) PAUL: This is the fastest service you ever got.
The cabbie's name is Joseph D'Amato.
He lives at 14 East 20th.
He dropped Evelyn Forbes at the Thursby Hotel.
How'd the cab driver identify Miss Forbes? Well, he didn't remember her too well.
Five-feet-four or five, brunette, he thinks, wearing a gray outfit, nice figure.
And she left a handkerchief in his cab.
He figures on turning it in to the lost and found in the morning.
Paul, I want to hire an operative for a special job.
Brunette, about 5'4".
I want her to wear a gray outfit.
She's got to be able to keep confidence.
Think you can find such a woman? I've been looking for one like that for years.
This job has to be done tonight.
And we have to find Arthur Cartright.
You're, uh, starting to walk that legal tightrope again.
When a client's interests are in jeopardy, I'll do whatever necessary.
MASON: Miss Storm, thank you very much for wearing the gray outfit.
I'm only following Mr.
Drake's instructions.
Well, where do we go from here? I'd like you to go to this address.
Ask for a cab driver by the name of Joseph D'Amato.
Tell him you left a handkerchief in his cab when he drove you from 4889 Mill Pass Drive to the Thursby Hotel.
It must be a very valuable handkerchief.
It is.
Don't let him get a clear look at your face, keep your voice low, and if he asks your name, just make one up.
Mr.
Mason, I'm sure you wouldn't ask me to do anything that would, uh, make me lose my license? You won't be doing anything illegal.
What else will there be? You may have to appear in court.
To testify? Perhaps, but if you do, you'll only have to tell the truth.
Well, Miss Storm? I never heard it said that you'd lie to a girl, Mr.
Mason.
I'll do your job.
Good.
Thank you.
( suspenseful theme playing ) ( buzzing ) Good evening, Mrs.
Forbes.
My name is Mason.
I'm an attorney.
May I come in? Yes.
What do you want, Mr.
Mason? Your former husband, Clinton Forbes, was murdered tonight.
Oh, no.
Didn't you know? Of course not.
How would Iknow? You were there.
Was Mr.
Forbes alive when you got there? No.
He was dead.
Mr.
Mason, why have you come to me? I accepted a retainer from your brother in your behalf.
If you don't want me to represent you, why, just tell me now and I'll leave.
But I don't know.
What are you to represent me for? Murder.
( dramatic theme playing ) No.
But-- How could they think I killed Clinton? You can be placed on the scene at approximately the time of the murder.
The decedent was a man who abandoned you, who stole $125,000 from you.
Didn't he? Yes.
You were in the house five or six minutes.
Now, what did you do there? Open the wall safe, looking for your money? No.
Did you touch things, leave fingerprints? I don't know.
Maybe I did.
Do you own a gun? Yes, I had a gun, a .
38, but Clinton took it away from me! Did you see the gun lying on the floor near the body? Was it yours? I don't know.
I didn't kill him, Mr.
Mason.
Do you know you left your handkerchief in a taxicab earlier this evening? Oh, no.
Oh, where's my brother? That's a question I was going to ask you.
He called last night.
He said he was going away.
But All right, Mrs.
Forbes.
We have time to do some things before the police arrive.
Come in, lieutenant.
Oh.
Good morning, Perry.
Well, good morning, lieutenant.
You sounded so urgent over the phone, I decided to come myself.
What was it you mentioned, a handkerchief? Mm, yes.
Very pretty.
Hm.
Initials and everything.
It was left in a cab.
A blue-checker cab, number 86-D.
Took a woman to Clinton Forbes' house at exactly 8:07 last night.
Where'd youget this? It, uh, came into my possession this morning.
I called you immediately.
Well, that was very civic-minded of you, Perry.
Thanks.
Now, there's, uh, something you can do for me.
Of course.
What? That, uh-- That paper that was in Forbes' hand-- Yes, I thought you might have that in mind.
It was a telegram.
It was addressed to Clinton Forbes, sent from San Diego at 5:03 yesterday afternoon.
"Clinton, call off police, "or we'll build publicity bonfire "that will scorch you and your romantic intrigues "to a cinder.
Stop.
"Don't try to find us.
We've seen the last of you.
Polly and Arthur.
" He, uh, got Missing Persons after them.
Police theory is that they slipped into Mexico.
That shouldn't stop you from looking for them.
They're still likely suspects in the murder, despite the telegram or the farewell note.
Well, we're thinking along different lines now, Perry.
Oh, uh, incidentally, did you, uh, speak to your client this morning? I don't recall mentioning a client.
Oh, really, you ought to go and speak to her.
Go where? Police headquarters.
We booked Evelyn Forbes for murder.
On what evidence? Oh, lots of evidence.
We've got her dead to rights, even without the handkerchief, although we thank you for small favors.
It was a good try, though, no matter what you're up to.
Well, see ya.
I propose to show that the defendant arrived at her ex-husband's house, entered it, and shot him in cold blood.
That she left her gun and her fingerprints in the murder room.
That she departed in a taxicab.
If it please the court, the state will ask that the defendant, Evelyn Forbes, be bound for trial for the willful, premeditated and cold-blooded murder of her former husband, Clinton Forbes.
Proceed with the prosecution's case, Mr.
Burger.
I show you this Smith & Wesson .
38-caliber revolver and ask if you can identify it.
Yes, sir.
It has my identifying marks scratched on it, it's the murder gun from the murder room.
And was it checked for registration and ownership? It was sold to Mrs.
Evelyn Forbes in White Plains, New York.
No, uh, police permit was issued.
I see.
If it please the court, I should like this weapon marked for identification and recevied as people's exhibit A.
Mm-hm.
Now, lieutenant, did you check the murder room for fingerprints? Yes, among others, we found the prints of Mrs.
Forbes on the desk, on a picture frame, and on the wall safe.
And when say "Mrs.
Forbes," to whom are you referring? The defendant.
Mrs.
Evelyn Cartright Forbes.
Thank you, lieutenant.
Cross-examine.
Now, lieutenant, these other fingerprints you found, whose were they? Well, the deceased, his wife, Mrs.
Polly Forbes, his former brother-in-law, Mr.
Arthur Cartright, his secretary, Miss, uh, Thelma Brent, and Mr.
William Johnson.
MASON: Will you please identify Mr.
William Johnosn for the court? He's the boyfriend of Thelma Brent.
He did occasional odd jobs for Mr.
Forbes.
And where were Mr.
Johnson's fingerprints found? Oh, on the desk, I believe, there were several in different places, he was a frequent visitor.
Then you've questioned him.
Yes, we have.
Something I've been unable to do.
He's been a very peripatetic young man these last six days, going from jail to jail, on what charges were you holding him? Material witness.
Isn't it true that you deliberately shuttled him from one jail to another to keep me from questioning him? ( man coughing ) Thank you, lieutenant.
That will be all.
JUDGE: Step down, lieutenant.
BURGER: And about what time did you leave the house? About ten past 7.
The show let out at 9:40.
I got home about 10.
I see.
Now, Miss Brent, would you tell us please what Mr.
Forbes kept in his wall safe? Contracts, insurance papers and cash.
Do you know how much cash? Quite a lot.
He liked to use cash for option money on land-purchase deals.
Between 60 and $75,000.
Really? Do you know the combination to the safe? No.
Nobody did except Mr.
Forbes himself.
He kept a memo of it.
I don't know where.
Thank you, Miss Brent.
Your witness.
Mr.
Forbes was an attractive man, wasn't he? Yes.
You lived in the Forbes' house, didn't you, Miss Brent? Yes, I did.
Now, Miss Brent, on the two evenings before the murder, was your sleep disturbed by the howling of Mr.
Forbes' police dog? No.
But then Sammy never howled, Mr.
Mason.
Your Honor, counsel is pursuing a course not covered in direct examination.
If he wants to establish that a dog was howling, or not howling, he can do so when he presents his own case.
Objection sustained.
Proceed, Mr.
Mason.
Your Honor, I'm finished with the witness.
JUDGE: All right.
You may step down, Miss Brent.
I call William Johnson to the stand.
MAN: Mr.
William Johnson to the stand.
I was stringing a tennis racket for Mr.
Forbes.
I was in the workshop.
That's down in the cellar.
BURGER: About what time was this? Eight o'clock, maybe a few minutes afterwards.
Go on.
Well, I wanted to ask Mr.
Forbes where he kept the press for his tennis racket, so I walked up the cellar stairs and was about to go into the library when I heard the voices.
Were they distinguishable? Uh, no, sir.
Couldn't tell what was being said, but I-- I did recognize Mr.
Forbes' voice.
And what about the other voice? Uh, no, sir, I'd never heard it before.
Woman's voice, though.
She was kind of emotional.
That's why I didn't interrupt and I went back downstairs.
And what happened then? Well, I just started to work again when I heard the shots.
Well, I ran up the stairs.
The study door was locked from the inside.
Tried to break it in, but it wouldn't give.
Then I remembered there was another door, so I ran through the kitchen, down the hall and into the study.
Just then I heard a car in the driveway.
Walked over to the window and looked out, and I saw this blue-checkered cab pulling away.
Could you identify the passenger? JOHNSON: Uh, no, sir, except it was a woman wearing a gray outfit.
All right, uh, what did you do then? Well, I looked around, and I found Mr.
Forbes.
He was dead.
Now, Mr.
Johnson, it's a matter of record that you did not report this crime to the police.
Could you explain that to us, please? Well, uh-- About eight months ago I got into a little trouble with a postdated check.
It was only $15, but, uh, the police really put me through the ringer.
Well, ever since then, I Well, I just didn't want to get involved with them again.
I understand.
Thank you, Mr.
Johnson.
Cross-examine.
I notice you've been very careful in your choice of words, Mr.
Johnson, almost as though you'd been coached.
Have you been? No, sir.
Haven't you discussed your testimony with the district attorney? Yes, sir, but he didn't coach me or tell me what to say.
Now, let's understand this thoroughly.
You can't identify the woman's voice you said you heard? No, sir.
Or the person who left in the departing cab? No, sir.
Then it could have been any one of 80 million women in this country? Yeah.
Look, uh, I don't want to get anybody in trouble-- All right, you haven't.
Thank you.
That will be all.
BURGER: I call Joseph D'Amato to the stand, please.
( Italian accent ): So when I take her there she tell me to wait.
Well, I tell her, "Well, I need gasoline," you know? So she say, "Well, take care of it and come back.
" What happened then? Ah, well, I see her go into the house, and me, I drive away.
But I come back and pick her up.
And about what time was this? Oh, it's, uh-- Yes, here it is.
It's, uh-- It's after 8 p.
m.
, uh, maybe about ten minutes later, you know? Did you see the woman again that night? Yes, heh, uh, you see, she was my last fare on my way driving home.
Near midnight, this same woman, she ring the doorbell at my house.
She said she got my address from the company lost and found and that she left a handkerchief in my cab.
Well, she had, so I gave it to her.
That's all.
I see.
I show you now this initialed handkerchief and ask if you can identify it.
Yeah, sure.
Yeah.
It's the same one I give-- I give back to the lady.
Thank you, Mr.
D'Amato.
If it please the court, I should like this handkerchief entered as people's exhibit F.
All right.
Now, Mr.
D'Amato, would you look around this courtroom and tell me if you can identify the woman you have been talking about? Yes, sir.
Ex Mm, excuse me.
That's her, it's the one sitting right over there.
BURGER: Let the record show the witness is pointing to the defendant, Evelyn Forbes.
Thank you, Mr.
D'Amato.
Your witness.
Now, Mr.
D'Amato, isn't it a fact that after the night in question and during the past week, you saw the defendant on several occasions? That she was pointed out to you by officers at police headquarters while in jail? Well, y-y-yes.
T-that's true.
It's an old and subtle headquarters trick, Mr.
D'Amato, designed to change a witness's doubt about an identification into certainty.
But-- But I'm sure about that one! She was my passenger! Now, when this woman called at your house near midnight, did she go inside your house? No, she stayed outside on the porch.
Was the porch light on? No, sir, but she is the one, all right.
I can't be mistaken! MASON: But suppose you are, Mr.
D'Amato.
Suppose you are mistaken about the identity of the woman who called for the handkerchief.
Mightn't you then also be mistaken about the identity of the woman you drove to Mill Pass Drive? D'AMATO: I ain't mistaken about either of them, but if I'm mistaken of one, well, then I could be mistaken about the other one.
Thank you, Mr.
D'Amato.
That's all.
JUDGE: Step down, please.
You'll have to come along with me, miss.
If the court please, Lieutenant Tragg is about to remove a witness from this courtroom.
Before that happens, may we approach the bench? Yes.
Come forward.
Your Honor, this young woman has been subpoenaed as a witness for the defense.
May I ask you to instruct the witness that she need talk to no one until called as a witness and to instruct the district attorney and Lieutenant Tragg that they are not to annoy her? Your Honor, all we intended to do was to find out from this young woman whether an arrangement had been made for her to approach the cab driver and claim that she was the person who had left her handkerchief in his cab.
Suppose she said yes? Then I intended to discover the identity of the person who had paid her to make this false representation and get out a warrant for his arrest.
All right, then.
I'm the person.
I did it.
Gentlemen, the discussion seems to be getting out of hand.
Your Honor, there's no law against a woman impersonating another, and there's no crime in claiming to be an owner of lost property, unless the claim is made for the purpose of stealing lost property.
Oh, you can't cover up like that.
Why don't you tell this court therealpurpose of this rigmarole? The purpose was to test the recollection of the cab driver, and I believe I was within my rights.
It appears that Mr.
Mason might very well be within his rights, but the court is only called upon at this time to pass on Mr.
Mason's request concerning this witness, and I do believe it's entirely in order, and you will refrain from seeking to annoy or intimidate this witness, Mr.
Burger.
Very well, Your Honor.
I don't care about the evidence of the cab driver.
It can't hurt my case a bit.
But I would like to find out how far this trickery of Mr.
Mason's has gone.
May I request the court to grant a ten-minute recess? I'll do better than that, Mr.
Burger.
It's, uh, approaching the noon hour, so we'll adjourn the court until 2 p.
m.
Thank you, Your Honor.
( tense theme playing ) Della, you'd better get some lunch.
I've got to check on something.
Are you still a professional football player? Yeah, I'm still in pro football, but it's the small-time now.
I wonder if you'd clear up something for me, Johnson.
Sure, if I can.
You said you got into the study just as the cab was pulling out.
That was four minutes after the time you heard the shots.
I guess so.
I'd say you got into the study less than a minute after.
How can you say that? Because you knew there was another entrance, just as you knew the combination to Forbes' safe.
No, Mr.
Mason.
And the reason you didn't call the police wasn't because you had been arrested before, it was because you had stolen the money from the safe.
You wanted to take it outside someplace and hide it.
I didn't kill him.
Oh, did it ever occur to you that when the police kept you out of circulation, they might have been using you for their own purposes? And that those purposes might have something to do with their suspicions about you? You, uh, wouldn't have hidden the money in one of the trophies, would you, Johnson? ( mysterious theme playing ) And in that five minutes, from the time I looked out of the window until I left the house, I took $62,000 out of the safe.
BURGER: So you lied on the stand this morning? Yes, sir.
And I also lied about identifying the woman whose voice I heard.
I heard it, and I saw her get into the cab.
She's the defendant, Evelyn Forbes.
( crowd murmuring ) Cross-examine.
Now, Mr.
Johnson, did you make this positive identification in order to save your own skin? No.
Isn't it true that you made a telephone call immediately after I left your room? No.
Didn't you, in fact, call Miss Thelma Brent? Didn't you tell her that you'd stolen the money, that I knew about it-- JOHNSON: No! MASON: --and ask her advice as to what to do? No! I did not.
Your Honor, since Mr.
Burger has recalled this witness in order to introduce new evidence, I would like to interrupt my cross-examination here to recall a previous witness.
Well, you're entirely within your rights, counselor.
I call Miss Thelma Brent.
MAN: Miss Thelma Brent, take the stand, please.
You're still under oath, Miss Brent.
Now, I ask you, Miss Brent, did Mr.
Johnson call you during the recess? Yes.
Did he tell you that he'd stolen the money? BRENT: Yes.
MASON: And ask your advice? Mr.
Mason-- Yes or no.
Yes.
I told him to go to the district attorney and confess.
Confess to what, the whole truth or half-truth? What do you mean? Did he identify the defendant to keep suspicion away from you? Does that require an answer, Mr.
Mason? Miss Brent, you said you went to the theater on the night of the murder.
What time did you get there? The feature had just started.
About 7:25.
It takes 15 minutes to get there from the house.
Then you left the house about 7:10? That's right.
That's the way I testified this morning.
But Mr.
Andrews said he went on duty at 7:00 and didn't see anyone go in or out of the house until 7:45, when he saw you go out.
He was mistaken.
He said he couldn't recognize the defendant, how could he recognizeme? It doesn't get dark until 8:00 this time of the year.
The defendant left the house at 8:13.
You claim you left at 7:10.
Now, Mr.
Andrews certainly would have seen someone leave at that time, even if he couldn't identify who it was.
( sighs ) All right, I wasn't at the house.
I-- I didn't want to bring this up, but, well, I was out of town with someone.
Are you implying this is very personal, Miss Brent? Yes.
May I guess where you went? Was it San Diego? You sent a telegram from there to Mr.
Forbes.
You signed it "Polly and Arthur" to establish them as being in San Diego.
Why would I do that? To make it seem they were alive.
Seem they were alive? They're dead, Miss Brent.
They were deadthen.
It's the only conclusion I could come to.
The only one that's based on the facts.
You killed Polly first to get rid of her.
You wanted Clinton Forbes and she was in your way.
That's ridiculous.
MASON: Isn't that why the dog was howling, Miss Brent? Because Polly was buried in the garden? How do I know why he howled? But you testified hedidn'thowl.
But then it's very easy to prove, all we have to do is dig in the garden.
Well, what if you find something? I don't know anything about it.
And then Arthur Cartright, who suspected why the dog was howling, came to see Polly.
He faced you.
You realized he would expose Polly's murder, so you killed him.
You're making me out a monstrous killer, Mr.
Mason, without a shred of proof.
I think youare a monstrous killer, Miss Brent, because after you twice killed for Clinton Forbes, you found out he had no intention of ever marrying you, so you killed him too.
If I was in San Diego, how did I kill Clinton Forbes? Clinton was killed at 8:00.
Your man said he saw me leaving the house at 7:45.
Forbes was killed sometime between 7:30 and 8:30.
You could have killed him before you walked out of that house.
How did I get in without your man seeing me? How did I get in? The telegram was sent from San Diego at 5:00.
The return trip by plane and then by car to the house is less than an hour and three quarters.
That would make it about a quarter of 7.
You entered the house before Andrews went on duty.
You've built a whole theory on nothing! Nothing! ( man coughs ) Do you want us to check the airlines, Miss Brent? Do you want us to check your handwriting on the telegram you gave the clerk? Do want us to get him up here from San Diego to identify you? ( dramatic theme playing ) He said we couldn't live together, knowing what he knew about me, even though he helped me bury them.
He said the day would come I'd hate him, be afraid of him, afraid he'd tell somebody what I'd done.
I said to myself: "Then why did I kill for him?" What was it for? I did it for him.
Now he was holding it against me to get rid of me.
He was a very attractive man.
I did tell you that this morning, didn't I? ( dramatic theme playing ) What is that? That is a dog named Sammy.
I thought he was shot and killed.
Where did he come from? A kennel.
You see, Della, when I phoned Clinton Forbes about the dog, he got worried about an investigation.
Oh, so he went to the kennel, boarded Sammy, and then--- And then took another police dog home, one that wouldn't know about Polly's body in the garden and, therefore, wouldn't howl.
Right.
Well what do we do with him? Just stay away from him.
He's a killer.
( sighs ) ( both chuckling ) ( coughing ) ( noirish jazz theme playing )