Perry Mason (1957) s02e29 Episode Script
The Case of the Dubious Bridegroom
( noirish jazz theme playing ) ( door slides open ) ( mysterious theme playing ) Just a moment, please.
Thank you.
All right, what happened to it? WOMAN: Oh, the flashlight? Well, I dropped it over the side when you grabbed my arm.
What are you doing? Calling the police.
Oh, I'm Virginia Colfax.
I work next door in the Ajax Mining and Development Company.
You work at what? I'm Mr.
Garvin's secretary.
He asked me to come back tonight for some dictation.
He said he might be late, and I should wait.
And you waited? It was very dull.
I went out on the terrace to look at the stars.
There, um, aren't any stars visible tonight.
I was on my way back in when I saw the door opening.
But it wasn't Mr.
Garvin.
Mrs.
Garvin? However did you know? The important thing is: how didsheknow? She's the jealous type.
So discretion forced you to leave by the terrace? It was the only way I could get to my car.
And naturally, you needed a gun for protection? It was a flashlight.
All right, Miss Colfax.
We'll try to find your flashlight.
Then I'll take you to your car.
You're really very kind.
Let's look over there.
Oh, I What's wrong? Stop it! Stop it! Leave me alone! Hey! Hey! Easy now! Hurry, driver! MASON: Stop that cab! Why, Mr.
Mason Evening, George.
DELLA: Good morning, Perry.
Morning.
You look tired.
Worked late last night.
What's all this? "What prominent lawyer got out of line "with a beautiful blond in front of his office last night? "And why did the B.
B.
sprint to the nearest taxi "for a fast exit? "Considering the clues, even we could solve this mystery.
" May I remind that you may stand on the 5th Amendment.
I may have lost a battle, but I've just begun to fight.
Now, I want to-- ( rings ) Yes, Gertie? A Mr.
Ed Garvin to see you.
Yes, Gertie? I'd like to see Mr.
Garvin right away.
Mr.
Garvin.
Thank you.
Mr.
Mason.
Mr.
Garvin.
This is rather, uh, a delicate matter.
We're accustomed to delicate matters.
It concerns my ex-wife.
About 5'8", blond, lovely figure, beautiful legs? You're describing Lorrie.
Lorrie? My present wife.
What did, uh, you and the present Mrs.
Garvin do last night? Why, we went for a drive by the ocean.
What's this all about? I was going to ask you the same question.
Sit down, won't you? Thank you.
Your secretary, Virginia Colfax, tried to use my terrace as an exit last night.
She claimed that she'd been trapped in your office by your wife.
If this is a personal matter, then it's none of my business.
But if it's something else, I think you should know about it.
I see.
Well, first, my secretary's name is Katie Miller.
She's nearly 50, she's been with me for ten years, and I love her like a brother.
Second, if you're suggesting any after-hours shenanigans, I've been married exactly 15 days to the most beautiful, the most wonderful woman in the world.
Then you would have no idea what this Virginia Colfax was doing in your office? No, however, she may be tied in with what I came to see you about.
And that is? Yesterday, one of our stockholders came into the office to see George Denby.
Who's Denby? Secretary/treasurer of our corporation.
The stockholder was rather puzzled at having received a second proxy card to the next, uh, stockholders' meeting.
He had signed one about a month ago and wanted to know why he had to sign another.
Why did he? The point is he didn't.
I already had his proxy.
Here's the second card he received.
You will notice that it authorizes E.
C.
Garvin to vote his stock at the meeting, but the return address on that card is not our office address.
It's a post-office box we never even heard of.
What are your initials, Mr.
Garvin? E.
C.
According to this, the holder of Stock Certificate 12-96 is also E.
C.
Garvin.
Is that you? No, those stocks belong to my ex-wife, Ethel Garvin.
Her middle initial is C? For Carter, her maiden name.
The stockholders think they're sending those proxies to you at that post-office box.
Obviously, your ex-wife is acquiring proxies by tricking the stockholders.
Why? To get control of the company, to break me, if she can.
Again, why? Hatred, greed.
I think she cares more for money than anything in life.
I gave her $50,000, plus half my stock in the company and our beach house at Coronado for the divorce.
Evidently, she wants more.
How do I stop her, Mr.
Mason? Or better still, could you do it for me? Quite simply.
We would notify all the stockholders to stay on their guard.
We would also ask those who signed her proxies to replace them with new ones made out to you.
But there isn't time for all that.
The next stockholders' meeting takes place in three days.
Then we'll challenge her.
Claim her proxies were obtained fraudulently and have them declared invalid.
Look, Mr.
Mason, I just got married.
Lorrie and I haven't even had time for a honeymoon.
I don't want any more trouble with Ethel.
Frankly, I-- I'm afraid of her.
Do you know where she is, Mr.
Garvin? She usually spends this time of year at the beach house at Coronado.
She does have an apartment here in town, but I don't know the address.
Well, if she's in the city, we'll find her.
Please try, Mr.
Mason.
I'd be willing to spend almost anything within reason to get rid of her.
I'll be in touch with you before the stockholders' meeting.
Thank you.
Della, get ahold of Paul.
I'd like him to locate the ex-Mrs.
Garvin.
What about Virginia Colfax? The two of them might be in this thing together.
How? I haven't the slightest idea yet.
( sighs ) ( dramatic theme playing ) MAN ( over phone ): Yes, sir? Oh, Frank, come in right away, would you? And bring George with you.
And hurry.
Right now.
FRANK: Is something wrong, Ed? Do either of you know anything about this? No, not me.
I am scared of those things.
Well, no.
I just found it out there.
Do you suppose Ethel had something to do with it? I wouldn't put it past her.
Although I can't imagine why she'd leave a gun out on the terrace.
Maybe she's suggesting you commit suicide.
Your jokes aren't very funny right now, Livesey.
And neither is your cockeyed domestic life.
You want it that way? Fine.
But it isn't exactly fair to make us pay for your romantic adventures.
I know, and I don't want you to.
I've turned the whole thing over to Perry Mason.
He's going to try to figure it out.
And what if he can't? I'd rather assume that hecan.
Remind me to notify the police about this.
Well, then, why not do it now? I have a luncheon appointment with Lorrie and I'm late.
I'll be at Henri's.
( chuckles ) Isn't love wonderful? I wouldn't know.
You're a lucky man.
You'll save yourself a lot of headaches.
I hope Garvin knows where to buy his aspirin wholesale.
Garvin is essentially a geologist and a mining engineer.
He picks up mines, oil leases, and various other properties and nurses them through the early development problems.
And he's completely honest.
Does he own the majority of the stock? No, but he holds enough proxies to control it.
How much stock is outstanding? Uh, 5,000 shares.
How do the stockholders feel about him? They love him.
They're all making a good profit on their investment and let him run the show any way he wants.
What's his official job? Uh, general manager.
And a good salary plus a bonus based on the profits.
George Denby, the secretary/treasurer runs the financial end.
Denby.
What have you got on Denby? Forty-nine, married, no children, a real worrier.
He's the type of guy that will call his phone answering service every 15 minutes.
Who else is in the picture? Uh, Frank Livesey, in charge of sales.
What about Ethel Garvin? All I have on her is an address.
( jazz theme playing ) ( buzzes ) WOMAN: Coming.
Yes? My name is Perry Mason.
And what are you selling, Mr.
Mason, other than charm and good looks? Money if the terms are right.
Whose money? Mr.
Garvin's money.
Come in.
First, how did you find me? Detective.
How amusing.
Perry Mason Wasn't there something about you in the columns yesterday morning? I sometimes act impulsively, but not during working hours.
( chuckles ) My husband also acts impulsively-- Before, during and after working hours.
Do sit down.
Thank you.
Do you have an attorney, Mrs.
Garvin? I don't need one.
Now, what am I expected to pay for my husband's money? Mm, a reasonable amount, fair to both of you.
Oh.
But I have no intention of being fair to Edward.
I intend to get everything he owns.
No, thank you.
How, Mrs.
Garvin? With fraudulent proxies? Oh.
You know.
I suppose it's your idea to stop me and to have my husband in control at the stockholders' meeting.
Well, it had entered my mind.
Now, shall we go on talking about Mr.
Garvin's money? I'd rather talk about his divorce.
What about his divorce? Didn't he tell you? Oh, how silly of him.
He is silly, you know.
Absolutely brilliant at discovering things.
I could see that the first day I went to work in his office.
That's when I decided to marry him.
But no business sense, none at all.
Lets Denby and Livesey run it all and however they please.
The divorce, Mrs.
Garvin.
When Edward decided to marry again, he checked the Nevada divorce records and found out I hadn't divorced him, so he arranged for a Mexican divorce, one of those quickie things.
Poor Edward, so impulsive.
He's not really legally married to that girl, you know.
May I have the telephone number of the L.
A.
County District Attorney's office, please? Bigamy is a felony, isn't it? Four, five, six, seven, eight ( phone rings ) nine, ten Yes? Who? Ask him to come in.
Fourteen proxies representing a total of 1,400 shares.
That's a third less than what we need.
I'm Livesey, Mr.
Mason, president of the corporation.
Mr.
Denby, our secretary and treasurer.
Mr.
Denby.
Where can I find Mr.
Garvin? Well, he's gone out of town for a few days.
He couldn't have picked a worse time for a honeymoon.
MASON: Well, what's your problem? We've been calling the people who signed Ethel Garvin's proxies, asking them to revoke.
We've only collected 14 so far, representing 1,400 shares.
It's really frightening.
Mr.
Garvin should be told.
There isn't enough time to contact all the stockholders.
Where is Mr.
Garvin? Well, he's staying at the Breakers at La Jolla, but he won't answer the telephone.
All right, send him a wire.
Tell him to get over the Mexican border immediately and stay at a hotel called the Vista del Mar.
I'll meet him there tonight.
Why, Mr.
Mason? I've just seen Ethel Garvin.
She telephoned the district attorney's office and charged Mr.
Garvin with bigamy.
By the way, do either of you gentlemen know a young lady named Virginia Colfax? Colfax? Never heard of her.
No.
( lively theme playing ) SeñorMason.
( speaking in Spanish ) How are you, Filomena? Muy bien.
Gracias.
What about my room? I gave you the same one you had last time, Number 16.
That sounds wonderful.
Tell Alberto my luggage is in the trunk, just one bag.
Bueno.
Mr.
and Mrs.
Garvin here? SÃ.
I give them Room 7.
That's in the other wing? SÃ.
Gracias, Filomena.
( speaking in Spanish ) ( clock chiming ) Are you saying my Mexican divorce is no good? Well, that depends.
If you followed the usual procedure mapped out several years ago by lawyers specializing in so-called Mexican divorces, it isn't worth the paper it's printed on.
But I didn't.
I had a lawyer work out a procedure with great care.
I actually went to Mexico, established residence.
Give me that lawyer's name.
I'll check into it carefully and give you an answer.
What happens meantime? You and Mr.
Garvin were married in Mexico.
As long as you stay here, you're legally man and wife and nothing can interfere.
How long do we have to stay here, Mr.
Mason? Until I can get certain documentary evidence in my hands.
The attorney may have done all he could to make your Mexican divorce valid, but I want to be sure I can prove it before I let you step into a felony warrant for bigamy.
Bigamy? ( sighs ) It sounds so sordid.
Obviously, it wasn't intentional.
You'll need to do a lot of telephoning tomorrow morning.
Be sure you make yourself very clear about the ex-Mrs.
Garvin's false proxies.
And make those stockholders promise they'll be at that meeting in person.
Good night, Mrs.
Garvin.
We'll work this out somehow.
I'm sorry, darling, terribly sorry.
It's not your fault, Ed.
We'll straighten this thing out.
You'll see.
Then she'll find something else.
And something else after that.
She hates us, Ed, both of us.
As long as she lives, she'll try to destroy us.
No, she won't, Lorrie.
I promise you she won't.
But she'll try.
She'll dog us and-- Darling, don't you know me by now? I know Ethel too.
Why don't we give up, Ed? Why don't we give her what she wants? No.
You heard what Mason said.
I heard what Ethel said too.
While she's alive, we don't have a minute's peace.
Ed, you've got to give her control of the company.
It's the only way to be rid of her.
Darling, don't you realize that everything I own is in Ajax? When she gets control, she'll strip me of every penny.
I don't care about the money! Do you suppose she's at the beach house at Coronado? What? Hello.
Give me long distance, please.
I want to speak to Mrs.
Ethel Gar-- Are you crazy? Never mind, operator.
( sobbing ) ( lock clicks ) Lorrie.
( knocks ) Come out, please.
( doorknob rattles ) Lorrie, I didn't mean to hurt you.
( clock chiming ) I promise you, we'll work this thing out somehow.
( doorknob rattling ) ( suspenseful theme playing ) ( phone rings ) Hello? Yes, operator, I've been trying to reach Mr.
Mason at the Vista del Mar in Mexico.
Thank you.
Put me through.
Good morning,SeñorMason.
Call for you.
Thank you, Filomena.
Hello? Hello? Thank goodness this is you, Perry.
I've been trying to reach you since 7:00 this morning.
Did you know the hotel phones were out of order since 11 last night? No, I didn't.
What's up? Ethel Garvin's been murdered.
She was shot through the head.
MASON: She was murdered sometime last night between midnight and 12:30.
They found her body at Coronado.
At the beach house? Yes.
There was a gun on the floor near the body.
Could it have been suicide? No.
How terrible.
You remained in the room all night? Yes, I woke about 11, and I was still awake at 1.
Why are you so sure of the hour? I hear the clock chime.
And you can swear that Mr.
Garvin was here with you all that time? Yes, Mr.
Mason.
That's fine.
I just wanted to make sure you had an absolute alibi.
I'd like you to go ahead just as we planned.
I think I should go back, Mr.
Mason.
Ethel didn't have any relatives as far as I know of.
I don't want you to set foot over that border until I'm able to present certain facts which will result in a dismissal of the bigamy charge.
But if Ethel's dead-- The warrant is still out.
And you're going back to Los Angeles? No, I'm going to see the San Diego district attorney.
For your protection, I'll need to know exactly what happened.
But, Mr.
Mason, we had nothing to do with it.
You must realize, the police are going to investigate you as routine procedure.
They'll check your every move because of the relationship andthe motive.
So Mr.
Garvin has a perfect alibi for the time during which the murder was committed.
Will he come back to the United States to so testify.
And be arrested for bigamy? More likely for murder, Mr.
Mason.
As I said, he has a perfect alibi.
Then why worry about it? We can save the time we'll need for extradition procedures and get to a trial as fast as we can.
Are you offering a deal, Mr.
Covington? Just testing your client's alibi.
I'm afraid it's indestructible.
Might be we'll explode it.
( phone rings ) Yes? Who? Oh, I'm sorry.
I can't talk right now.
What? Are you sure? I'll see you later.
Is something wrong? Ed-- The San Diego police just arrested him for the murder of Ethel Garvin.
( dramatic theme playing ) Postpone the stockholders' meeting.
Can we? We can, and we must.
Mr.
Mason-- I told you to stay in Mexico.
Until it was safe to leave, so when your secretary called and said it was all right, we left.
My secretary? Yes, and they were waiting for us at the border.
You certainly blundered this time.
You've heard my secretary's voice.
Did it sound like her? Lorrie answered the telephone.
She said the woman called herself Della Street.
She said you'd cleared it for me to get to the stockholders' meeting.
Mr.
Garvin, my secretary did not call you.
Well, who did? That's what I'd like to know.
Sergeant Holt, I show you this revolver already placed in evidence and marked state's Exhibit A.
Have you ever seen this weapon before? Yes, sir.
It has my mark on it.
Where did you first see it? It was found on the floor of Mrs.
Ethel Garvin's beach house in Coronado, about 9 feet from her body.
And what did you do with the weapon? I immediately had it checked for fingerprints.
Were any found? No, sir.
They'd been wiped clean.
I then sent it to Ballistics to find out whether or not this was the murder weapon.
COVINGTON: And the results? HOLT: The bullet taken by the coroner from the victim's head came from this weapon.
What was your next step? Well, since it was apparently the murder weapon, we sent out an all points bulletin and checked the serial number.
COVINGTON: The results? HOLT: The L.
A.
P.
D.
notified us that the registered owner was Miss Helen Bynum.
Thank you, sergeant.
Your witness, Mr.
Mason.
No questions.
JUDGE: You may step down.
I call Miss Helen Bynum to the stand.
CLERK: Helen Bynum.
Miss Bynum? Thank you.
Thank you.
Raise your right hand.
Do you solemnly swear to tell the truth, the whole truth and nothing but the truth? I do.
State your name.
Helen Bynum.
CLERK: Be seated.
Have you ever seen that woman before? Never.
That is Virginia Colfax.
COVINGTON: Miss Bynum, I show you this revolver.
Have you ever seen it before? Yes, it's mine.
When did you last see it? I left it on the terrace outside of Mr.
Garvin's office.
When was that? It was the night of, uh, June 14th.
And this revolver was never in your possession after that? No.
Thank you, Miss Bynum.
Your witness.
It's a pleasure to see you again, Miss Colfax.
The name is Helen Bynum.
You introduced yourself to me as Virginia Colfax when we met.
That was the first name that entered my mind.
Now, would you be good enough to tell this court why you carry a revolver? Certainly.
I happen to be a licensed private detective.
I see.
Then on the night we met, you were working as a private detective? Yes.
Now, would you mind telling the court what you were doing in Mr.
Garvin's office? I was checking the files.
Of course, you were authorized to do that.
Tell us, Miss Colfax-- I beg your pardon.
Miss Bynum, were you authorized to go through those files? No.
So you were on the premises illegally? Answer the question.
I had no right to be there.
Then you admit you broke into the office? I did not.
Someone had given you a key? I had my own.
It's a skeleton key.
Now, while you were going through those files illegally, you were interrupted, were you not? Yes.
I show you this photograph of the deceased.
Now, is this the woman who interrupted your search? It might have been.
How didsheget into the office? She had her own key.
When I heard the reception door open I-- You pulled out the gun and retreated onto the terrace.
Yes.
Now, tell us, Miss, uh, Bynum, just exactly who were you working for? HELEN: I'm sorry, I can't answer that question.
MASON: You refuse to answer? HELEN: Yes.
Would the court please instruct this witness to answer the question? Is the witness conversant with her constitutional rights? Yes, Your Honor.
If necessary, I'm prepared to go to jail for contempt rather than divulge a confidence given by a client.
I'm going to inquire into this matter at the termination of this case.
I order you to appear in this courtroom at 3 p.
m.
one week from today, then and there, to show cause why I should not find you guilty of contempt of this court and impose sentence.
Have you any further questions of this witness, Mr.
Mason? No, Your Honor.
All right, Mr.
Covington, call your next witness.
COVINGTON: And where did you first see this revolver, Mr.
Livesey? When Mr.
Garvin showed it to me.
He'd found it on the terrace.
Was anyone present with Mr.
Garvin? Mr.
Denby came in with me.
What did Mr.
Garvin do with the gun? He put it in his desk drawer and then locked it.
He didn't notify the police? He said he was going to do it later.
He was late for an appointment at the time.
COVINGTON: Thank you.
Your witness.
No questions.
Uh, Mr.
Denby, how do you know the gun that the defendant locked in his desk is the same as this gun that has been offered here in evidence? It has the same number.
You wrote down the number? Oh, no, no, I remembered it.
I have a photographic memory for numbers.
If you'd care to try me out-- No, no, no.
No more questions.
Your witness.
No questions.
Now, which one? This is the car I saw the night of the murder.
You're absolutely certain, Mr.
Scanlon? Oh, yeah.
You see that scraped rear fender? He did that against the wash rack of my gas station.
He was in such a hurry, he didn't even look where he was going.
Never even stopped when I called him.
That's how come I got his license number, to send him a bill of damages, $8.
About what time was this? Oh, about 1:00.
I was fixin' to close.
I had the tanks locked, turned the station lights out, and he walks in.
He'd run out of gas about a quarter mile up the road.
Mm-hm.
How'd he act? Well, I've never seen a man in such a hurry and real nervous, like he'd seen a ghost or something.
And he kept lookin' back up the road.
By "back up the road," do you mean toward Coronado? That's right.
Mr.
Scanlon, I ask you to look around this courtroom and tell me if the man you're talking about is in this room.
That's him.
And I'd sure like to get that 8 bucks off him.
Thank you very much, Mr.
Scanlon.
That's all.
Your witness.
Mr.
Scanlon, are you absolutely certain of the direction from which the defendant approached your service station? Well, he walked in once, then he drove in.
Both times he came from the direction of Coronado.
Would you happen to know whether or not he had passed your station earlier in the evening while on his way to Los Angeles? And at the time he scratched his fender, he was then on his way back to Mexico? Objection, Your Honor.
The question is argumentative, not proper cross-examination, and assumes facts not in evidence.
JUDGE: Objection sustained.
Trouble? Big trouble.
Your client's been lying.
Covington knows it.
Mr.
Mason? Oh, I beg the court's pardon.
We've just uncovered some new evidence.
May I have a moment, Your Honor? Yes, of course.
What the devil is he up to? We'd better find out.
Your Honor, if, uh, Mr.
Mason wants time, I have no objection if we adjourn until Monday morning.
Mr.
Mason? I didn't ask to adjourn, Your Honor, however if Mr.
Covington feels he needs an adjournment But Your Honor, I thought Mr.
Mason-- JUDGE: All right, Mr.
Covington, let's not get involved in discussion.
Do you or do you not want an adjournment? Yes, Your Honor.
Very well.
Court stands adjourned until 10:00 Monday morning.
What's wrong? I'll let you know later.
Let's have it, Paul.
Garvin's alibi, it's no good.
Are you sure? Mrs.
Garvin said something about hearing chimes, didn't she? Yes.
She didn't.
Didn't what? Hear chimes.
I just found out that Filomena's going to be called as a prosecution witness to testify that the chimes are turned off every night just after 10:00, so as not to disturb the guests.
I'll show you,SeñorMason.
Always, I close chimes after 10:00.
Make too much noise for sleeping.
When do you open them? At 8 in the morning.
Did you hear a car leave at any time during the night? Yes, dos.
Two? Two.
First,SeñorGarvin, then your machine.
Mine? Who took it? The young lady.
Mrs.
Garvin? Too dark to see face, but same nice figure.
Tell me, Filomena, were there any other nice figures at the hotel that night? SÃ, señor.
After you go to bed, arrive another in taxi.
I think maybe a friend of you, but Filomena never ask questions.
Never.
Thank you, Filomena.
I tell you, I didn't leave the Vista del Mar that whole night.
I've got to hand it to you.
I'm not very often fooled, but you did it beautifully.
I don't know what you mean.
When I first met you, I thought you really loved Ed Garvin.
I do! He doesn't mean a thing to you.
I should have spotted your motive immediately.
With Ethel dead and Garvin on his way to the gas chamber, you'd get everything he has.
Mr.
Mason-- You knew all along that gun was probably in his office desk.
Mr.
Mason, I don't know what brought this on, but I do love my husband! So you prove it by lying and letting him go to his death? Where did I lie? You claimed you never left the Vista del Mar that night.
I didn't! Filomena will testify she saw you take my car.
Your car was-- My car was still parked when you left? Then whose car did you take? I went in Ed's.
I couldn't tell you that before.
Ed had to have an alibi! Where'd you go? To Ethel Garvin's.
What prompted that? I-- I telephoned her that night at the beach house at Coronado.
All the telephones at the hotel were out of order after 11:00.
I called her earlier than that! Why didn't you tell me that before you made the call? I was right there at the hotel.
I didn't want to disturb you! I thought you'd be asleep.
I couldn't sleep.
I hadn't slept in days.
I couldn't go on that way anymore! I told her Ed would give her everything if-- She must have expected the surrender.
She told me her attorney had drawn up a paper.
All Ed had to do was drive up to Coronado and sign it.
Did you ask her what was in this document? She said it was none of my business.
Either Ed wanted to be released or he didn't.
That was a fair estimate of the situation.
Did Ed agree to that? We left five minutes later.
And when you got there? He told me she was dead.
I didn't go into the house with him.
He came out a few minutes later.
He was completely shaken.
After we'd had a cigarette, we started back to the Vista del Mar.
Then we ran out of gas a mile or two down the road.
But the gas station attendant said Ed was driving alone.
I was on the floor under a blanket.
Ed was afraid we'd be questioned for the murder.
He didn't want me involved.
Mr.
Mason, you've got to believe me.
I do.
Oh I had to shake the truth out of you.
Now, when you got back to the hotel, was my car still there? Yes.
Ifyoudidn't take it, who did? Filomena said someone who-- Operator, I'd like to talk person-to-person to Los Angeles to Mr.
Paul Drake.
People v.
Garvin.
Are you ready to proceed, gentlemen, and is it stipulated that the defendant is in court and the jurors are all present? So stipulated.
So stipulated, Your Honor.
If the court please, may I be permitted to recall Miss Helen Bynum for additional cross-examination? Mr.
Covington? Your Honor, we certainly don't wish it to be said that where a man's life is at stake, the district attorneys of this county would forestall any efforts to determine the truth.
MASON: Thank you, Mr.
Covington.
Is Miss Helen Bynum present? You will take the stand, please.
But I already refused to testify.
Take the stand, please.
Now, Miss Bynum, I asked you before who your client was in this case.
And I told you I wouldn't betray a confidence.
That's very commendable of you.
However, my next question doesn't pose that problem.
Were you at the Vista del Mar hotel on the night of the murder? No.
Remember, you're still under oath.
I told you, I wasn't there.
You didn't go to the Vista del Mar hotel to see if the defendant and his wife were there and then take my car and drive to San Diego to report your findings to your client? I don't know what you're talking about.
All right, then, where were you on the night of the murder? I don't remember.
Perhaps your memory will serve you better in another area.
Does the name Della Street mean anything to you? No.
You never used that name? I most certainly did not.
Now, would you tell us the telephone number of your office? Braddock, 4-3-2-2-2.
I have here a copy of your telephone bill for the month of June.
Now, would you kindly explain this item on June 18th, the day after the murder? A $3.
10 charge for a long-distance telephone call from your office to the Vista del Mar hotel in Mexico.
If you weren't calling the defendant, who were you calling? Miss Bynum, I don't believe you appreciate the gravity of this situation, and I have no desire to entrap you, but that telephone call was made in order to frame the defendant.
And in making the call, you left yourself open to the charge of accessory to a murder.
Do you know the punishment for that? Now, just a minute.
I'm not gonna take that rap.
I didn't know what he had in mind.
He told me to use the name Della Street.
Who is this "he" you refer to, your client? Yes.
All right.
Now tell us his name.
Frank Livesey.
She's a liar! ( crowd murmuring ) Come forward, sir.
Do you mean to tell us that you did not employ this woman? I employed her, Your Honor.
But I never told her to make any phone call to Ed Garvin, and I never told her to use the name Della Street.
MASON: If Your Honor please, in view of the developments, may I have the opportunity of cross-examining Mr.
Livesey? You certainly may.
All right, miss, you may step down and resume your seat.
Take the stand, Mr.
Livesey.
Now, just for the record, Mr.
Livesey, did you or did you not employ the previous witness, Miss Helen Bynum? Yes, I did.
MASON: And under your instructions, did she go to Mr.
Garvin's office on the night of June 14th? FRANK: Yes, I was supposed to meet her there.
But the deceased got there before you and Miss Bynum was forced to make her exit through my office? That's what she told me.
Now, on the day of June 18th, did you not instruct Miss Bynum to use the name of Della Street and call Edward Garvin at the Vista del Mar hotel? I told you before that I didn't.
You're under oath now, Mr.
Livesey.
My answer is still the same.
I never told her to do that.
May I ask how much you earn as president of the Ajax Corporation? FRANK: Twenty-thousand dollars a year.
MASON: And bonuses? And bonuses.
Now, isn't it true that if Ethel Garvin had lived and gained control of the Ajax Corporation, you would have lost that position? I could have found a better one.
Isn't that wishful thinking? Your Honor, if the court please, I'm sure that Mr.
Mason will agree that I've been most cooperative.
But I can't sit back and see the valuable time of this court wasted on a fishing expedition that can lead nowhere.
If the court will permit me to recall a witness, I can prove that Mr.
Mason's efforts are merely time-consuming.
No objection.
You may step down temporarily.
I call Mr.
George Denby.
Mr.
Denby, I ask you to examine these letters and tell me if you've ever seen them before.
Yes, sir.
When did you see the first of them? About a week after the death of Mrs.
Ethel Garvin.
The next two arrived several days after that.
I'll ask you to explain the contents of these letters.
Each is the offer of a job to Mr.
Frank Livesey, all at an increase in salary.
Are they bona fide offers? Oh, yes, sir.
How do you know this? Mr.
Livesey asked me to investigate these offers and negotiate the salaries for him.
Mr.
Livesey has no concept of money, only how to spend it.
Then you would say on the basis of these letters that Mr.
Livesey would have no problem in finding employment? Certainly not.
He is well-known as a superb salesman and customer's man.
Then by the same token, he would have no motive in wanting to kill Mrs.
Ethel Garvin to protect his job? Objection, Your Honor.
The question calls for a conclusion on the part of the witness.
JUDGE: Objection sustained.
No more questions.
Your witness, Mr.
Mason.
Mr.
Denby, on the basis of your testimony, I would say that you and Mr.
Livesey were good friends.
Only in business.
We did not see each other socially.
MASON: Of course, you discussed the problems of the Ajax Corporation with each other? Of necessity.
You also discussed the murder of Mrs.
Ethel Garvin, did you not? Naturally.
Did Mr.
Livesey tell you about employing a detective to watch Mrs.
Garvin? Yes.
Did he tell you that before or after the murder? After the murder.
Will Miss Helen Bynum please rise? Have you ever seen this woman before? Yes, when she testified.
That was the first time you saw her? Yes.
MASON: You are absolutely positive you've had no other contact with her at any time? Positive.
Mr.
Denby, do you subscribe to a telephone answering service? Yes, I do.
How do you account for the fact that during the past month, your answering service has records to show that Miss Bynum left messages for you on a number of occasions? Who told you that? Do you deny it's true? Well, maybe she called me.
She called you through your answering service for one reason only.
She didn't want Mr.
Livesey to know she was also working for you.
But you were well aware that she was working for him, were you not? She kept you informed on everything, didn't she? You were the one who sent her to the Vista del Mar hotel in Mexico to keep tab on the defendant.
When he left that night, she tried to call you, but the hotel lines were out of order.
That's why she took my car and drove to Tijuana to phone.
Where did she reach you, Mr.
Denby? In San Diego.
Only 15 minutes away from Ethel Garvin's beach house in Coronado.
You, of course, knew Ethel Garvin was a shrewd businesswoman.
What does that prove? In taking over control of the Ajax Corporation, she first would have asked for an audit of the books.
Isn't that why you killed her, Mr.
Denby, to prevent that audit? How much money have you embezzled? You're making a terrible mistake.
Am I, Mr.
Denby? When Mr.
Livesey admitted that he employed Helen Bynum to spy for him, I could think of no logical reason why he would deny that he'd asked her to use Della's name in calling Mr.
Garvin.
It certainly was no more incriminating.
So you had to find another explanation.
And I realized there must have been another client in the picture.
But I never told you that Denby's phone answering service had records of her calls to him.
They didn't.
Well, you knew that, and I knew that.
Fortunately, Mr.
Denby did not know that.
Well, I'll say one thing.
You felt all along that Virginia Colfax-- Alias, Helen Bynum.
--was the answer to the whole case.
Oh, but I had an ulterior purpose in trying to find her.
Oh? I was intrigued when Mr.
Garvin said there was another Della Street.
I thought you were the only one in the world.
( laughs ) ( noirish jazz theme playing )
Thank you.
All right, what happened to it? WOMAN: Oh, the flashlight? Well, I dropped it over the side when you grabbed my arm.
What are you doing? Calling the police.
Oh, I'm Virginia Colfax.
I work next door in the Ajax Mining and Development Company.
You work at what? I'm Mr.
Garvin's secretary.
He asked me to come back tonight for some dictation.
He said he might be late, and I should wait.
And you waited? It was very dull.
I went out on the terrace to look at the stars.
There, um, aren't any stars visible tonight.
I was on my way back in when I saw the door opening.
But it wasn't Mr.
Garvin.
Mrs.
Garvin? However did you know? The important thing is: how didsheknow? She's the jealous type.
So discretion forced you to leave by the terrace? It was the only way I could get to my car.
And naturally, you needed a gun for protection? It was a flashlight.
All right, Miss Colfax.
We'll try to find your flashlight.
Then I'll take you to your car.
You're really very kind.
Let's look over there.
Oh, I What's wrong? Stop it! Stop it! Leave me alone! Hey! Hey! Easy now! Hurry, driver! MASON: Stop that cab! Why, Mr.
Mason Evening, George.
DELLA: Good morning, Perry.
Morning.
You look tired.
Worked late last night.
What's all this? "What prominent lawyer got out of line "with a beautiful blond in front of his office last night? "And why did the B.
B.
sprint to the nearest taxi "for a fast exit? "Considering the clues, even we could solve this mystery.
" May I remind that you may stand on the 5th Amendment.
I may have lost a battle, but I've just begun to fight.
Now, I want to-- ( rings ) Yes, Gertie? A Mr.
Ed Garvin to see you.
Yes, Gertie? I'd like to see Mr.
Garvin right away.
Mr.
Garvin.
Thank you.
Mr.
Mason.
Mr.
Garvin.
This is rather, uh, a delicate matter.
We're accustomed to delicate matters.
It concerns my ex-wife.
About 5'8", blond, lovely figure, beautiful legs? You're describing Lorrie.
Lorrie? My present wife.
What did, uh, you and the present Mrs.
Garvin do last night? Why, we went for a drive by the ocean.
What's this all about? I was going to ask you the same question.
Sit down, won't you? Thank you.
Your secretary, Virginia Colfax, tried to use my terrace as an exit last night.
She claimed that she'd been trapped in your office by your wife.
If this is a personal matter, then it's none of my business.
But if it's something else, I think you should know about it.
I see.
Well, first, my secretary's name is Katie Miller.
She's nearly 50, she's been with me for ten years, and I love her like a brother.
Second, if you're suggesting any after-hours shenanigans, I've been married exactly 15 days to the most beautiful, the most wonderful woman in the world.
Then you would have no idea what this Virginia Colfax was doing in your office? No, however, she may be tied in with what I came to see you about.
And that is? Yesterday, one of our stockholders came into the office to see George Denby.
Who's Denby? Secretary/treasurer of our corporation.
The stockholder was rather puzzled at having received a second proxy card to the next, uh, stockholders' meeting.
He had signed one about a month ago and wanted to know why he had to sign another.
Why did he? The point is he didn't.
I already had his proxy.
Here's the second card he received.
You will notice that it authorizes E.
C.
Garvin to vote his stock at the meeting, but the return address on that card is not our office address.
It's a post-office box we never even heard of.
What are your initials, Mr.
Garvin? E.
C.
According to this, the holder of Stock Certificate 12-96 is also E.
C.
Garvin.
Is that you? No, those stocks belong to my ex-wife, Ethel Garvin.
Her middle initial is C? For Carter, her maiden name.
The stockholders think they're sending those proxies to you at that post-office box.
Obviously, your ex-wife is acquiring proxies by tricking the stockholders.
Why? To get control of the company, to break me, if she can.
Again, why? Hatred, greed.
I think she cares more for money than anything in life.
I gave her $50,000, plus half my stock in the company and our beach house at Coronado for the divorce.
Evidently, she wants more.
How do I stop her, Mr.
Mason? Or better still, could you do it for me? Quite simply.
We would notify all the stockholders to stay on their guard.
We would also ask those who signed her proxies to replace them with new ones made out to you.
But there isn't time for all that.
The next stockholders' meeting takes place in three days.
Then we'll challenge her.
Claim her proxies were obtained fraudulently and have them declared invalid.
Look, Mr.
Mason, I just got married.
Lorrie and I haven't even had time for a honeymoon.
I don't want any more trouble with Ethel.
Frankly, I-- I'm afraid of her.
Do you know where she is, Mr.
Garvin? She usually spends this time of year at the beach house at Coronado.
She does have an apartment here in town, but I don't know the address.
Well, if she's in the city, we'll find her.
Please try, Mr.
Mason.
I'd be willing to spend almost anything within reason to get rid of her.
I'll be in touch with you before the stockholders' meeting.
Thank you.
Della, get ahold of Paul.
I'd like him to locate the ex-Mrs.
Garvin.
What about Virginia Colfax? The two of them might be in this thing together.
How? I haven't the slightest idea yet.
( sighs ) ( dramatic theme playing ) MAN ( over phone ): Yes, sir? Oh, Frank, come in right away, would you? And bring George with you.
And hurry.
Right now.
FRANK: Is something wrong, Ed? Do either of you know anything about this? No, not me.
I am scared of those things.
Well, no.
I just found it out there.
Do you suppose Ethel had something to do with it? I wouldn't put it past her.
Although I can't imagine why she'd leave a gun out on the terrace.
Maybe she's suggesting you commit suicide.
Your jokes aren't very funny right now, Livesey.
And neither is your cockeyed domestic life.
You want it that way? Fine.
But it isn't exactly fair to make us pay for your romantic adventures.
I know, and I don't want you to.
I've turned the whole thing over to Perry Mason.
He's going to try to figure it out.
And what if he can't? I'd rather assume that hecan.
Remind me to notify the police about this.
Well, then, why not do it now? I have a luncheon appointment with Lorrie and I'm late.
I'll be at Henri's.
( chuckles ) Isn't love wonderful? I wouldn't know.
You're a lucky man.
You'll save yourself a lot of headaches.
I hope Garvin knows where to buy his aspirin wholesale.
Garvin is essentially a geologist and a mining engineer.
He picks up mines, oil leases, and various other properties and nurses them through the early development problems.
And he's completely honest.
Does he own the majority of the stock? No, but he holds enough proxies to control it.
How much stock is outstanding? Uh, 5,000 shares.
How do the stockholders feel about him? They love him.
They're all making a good profit on their investment and let him run the show any way he wants.
What's his official job? Uh, general manager.
And a good salary plus a bonus based on the profits.
George Denby, the secretary/treasurer runs the financial end.
Denby.
What have you got on Denby? Forty-nine, married, no children, a real worrier.
He's the type of guy that will call his phone answering service every 15 minutes.
Who else is in the picture? Uh, Frank Livesey, in charge of sales.
What about Ethel Garvin? All I have on her is an address.
( jazz theme playing ) ( buzzes ) WOMAN: Coming.
Yes? My name is Perry Mason.
And what are you selling, Mr.
Mason, other than charm and good looks? Money if the terms are right.
Whose money? Mr.
Garvin's money.
Come in.
First, how did you find me? Detective.
How amusing.
Perry Mason Wasn't there something about you in the columns yesterday morning? I sometimes act impulsively, but not during working hours.
( chuckles ) My husband also acts impulsively-- Before, during and after working hours.
Do sit down.
Thank you.
Do you have an attorney, Mrs.
Garvin? I don't need one.
Now, what am I expected to pay for my husband's money? Mm, a reasonable amount, fair to both of you.
Oh.
But I have no intention of being fair to Edward.
I intend to get everything he owns.
No, thank you.
How, Mrs.
Garvin? With fraudulent proxies? Oh.
You know.
I suppose it's your idea to stop me and to have my husband in control at the stockholders' meeting.
Well, it had entered my mind.
Now, shall we go on talking about Mr.
Garvin's money? I'd rather talk about his divorce.
What about his divorce? Didn't he tell you? Oh, how silly of him.
He is silly, you know.
Absolutely brilliant at discovering things.
I could see that the first day I went to work in his office.
That's when I decided to marry him.
But no business sense, none at all.
Lets Denby and Livesey run it all and however they please.
The divorce, Mrs.
Garvin.
When Edward decided to marry again, he checked the Nevada divorce records and found out I hadn't divorced him, so he arranged for a Mexican divorce, one of those quickie things.
Poor Edward, so impulsive.
He's not really legally married to that girl, you know.
May I have the telephone number of the L.
A.
County District Attorney's office, please? Bigamy is a felony, isn't it? Four, five, six, seven, eight ( phone rings ) nine, ten Yes? Who? Ask him to come in.
Fourteen proxies representing a total of 1,400 shares.
That's a third less than what we need.
I'm Livesey, Mr.
Mason, president of the corporation.
Mr.
Denby, our secretary and treasurer.
Mr.
Denby.
Where can I find Mr.
Garvin? Well, he's gone out of town for a few days.
He couldn't have picked a worse time for a honeymoon.
MASON: Well, what's your problem? We've been calling the people who signed Ethel Garvin's proxies, asking them to revoke.
We've only collected 14 so far, representing 1,400 shares.
It's really frightening.
Mr.
Garvin should be told.
There isn't enough time to contact all the stockholders.
Where is Mr.
Garvin? Well, he's staying at the Breakers at La Jolla, but he won't answer the telephone.
All right, send him a wire.
Tell him to get over the Mexican border immediately and stay at a hotel called the Vista del Mar.
I'll meet him there tonight.
Why, Mr.
Mason? I've just seen Ethel Garvin.
She telephoned the district attorney's office and charged Mr.
Garvin with bigamy.
By the way, do either of you gentlemen know a young lady named Virginia Colfax? Colfax? Never heard of her.
No.
( lively theme playing ) SeñorMason.
( speaking in Spanish ) How are you, Filomena? Muy bien.
Gracias.
What about my room? I gave you the same one you had last time, Number 16.
That sounds wonderful.
Tell Alberto my luggage is in the trunk, just one bag.
Bueno.
Mr.
and Mrs.
Garvin here? SÃ.
I give them Room 7.
That's in the other wing? SÃ.
Gracias, Filomena.
( speaking in Spanish ) ( clock chiming ) Are you saying my Mexican divorce is no good? Well, that depends.
If you followed the usual procedure mapped out several years ago by lawyers specializing in so-called Mexican divorces, it isn't worth the paper it's printed on.
But I didn't.
I had a lawyer work out a procedure with great care.
I actually went to Mexico, established residence.
Give me that lawyer's name.
I'll check into it carefully and give you an answer.
What happens meantime? You and Mr.
Garvin were married in Mexico.
As long as you stay here, you're legally man and wife and nothing can interfere.
How long do we have to stay here, Mr.
Mason? Until I can get certain documentary evidence in my hands.
The attorney may have done all he could to make your Mexican divorce valid, but I want to be sure I can prove it before I let you step into a felony warrant for bigamy.
Bigamy? ( sighs ) It sounds so sordid.
Obviously, it wasn't intentional.
You'll need to do a lot of telephoning tomorrow morning.
Be sure you make yourself very clear about the ex-Mrs.
Garvin's false proxies.
And make those stockholders promise they'll be at that meeting in person.
Good night, Mrs.
Garvin.
We'll work this out somehow.
I'm sorry, darling, terribly sorry.
It's not your fault, Ed.
We'll straighten this thing out.
You'll see.
Then she'll find something else.
And something else after that.
She hates us, Ed, both of us.
As long as she lives, she'll try to destroy us.
No, she won't, Lorrie.
I promise you she won't.
But she'll try.
She'll dog us and-- Darling, don't you know me by now? I know Ethel too.
Why don't we give up, Ed? Why don't we give her what she wants? No.
You heard what Mason said.
I heard what Ethel said too.
While she's alive, we don't have a minute's peace.
Ed, you've got to give her control of the company.
It's the only way to be rid of her.
Darling, don't you realize that everything I own is in Ajax? When she gets control, she'll strip me of every penny.
I don't care about the money! Do you suppose she's at the beach house at Coronado? What? Hello.
Give me long distance, please.
I want to speak to Mrs.
Ethel Gar-- Are you crazy? Never mind, operator.
( sobbing ) ( lock clicks ) Lorrie.
( knocks ) Come out, please.
( doorknob rattles ) Lorrie, I didn't mean to hurt you.
( clock chiming ) I promise you, we'll work this thing out somehow.
( doorknob rattling ) ( suspenseful theme playing ) ( phone rings ) Hello? Yes, operator, I've been trying to reach Mr.
Mason at the Vista del Mar in Mexico.
Thank you.
Put me through.
Good morning,SeñorMason.
Call for you.
Thank you, Filomena.
Hello? Hello? Thank goodness this is you, Perry.
I've been trying to reach you since 7:00 this morning.
Did you know the hotel phones were out of order since 11 last night? No, I didn't.
What's up? Ethel Garvin's been murdered.
She was shot through the head.
MASON: She was murdered sometime last night between midnight and 12:30.
They found her body at Coronado.
At the beach house? Yes.
There was a gun on the floor near the body.
Could it have been suicide? No.
How terrible.
You remained in the room all night? Yes, I woke about 11, and I was still awake at 1.
Why are you so sure of the hour? I hear the clock chime.
And you can swear that Mr.
Garvin was here with you all that time? Yes, Mr.
Mason.
That's fine.
I just wanted to make sure you had an absolute alibi.
I'd like you to go ahead just as we planned.
I think I should go back, Mr.
Mason.
Ethel didn't have any relatives as far as I know of.
I don't want you to set foot over that border until I'm able to present certain facts which will result in a dismissal of the bigamy charge.
But if Ethel's dead-- The warrant is still out.
And you're going back to Los Angeles? No, I'm going to see the San Diego district attorney.
For your protection, I'll need to know exactly what happened.
But, Mr.
Mason, we had nothing to do with it.
You must realize, the police are going to investigate you as routine procedure.
They'll check your every move because of the relationship andthe motive.
So Mr.
Garvin has a perfect alibi for the time during which the murder was committed.
Will he come back to the United States to so testify.
And be arrested for bigamy? More likely for murder, Mr.
Mason.
As I said, he has a perfect alibi.
Then why worry about it? We can save the time we'll need for extradition procedures and get to a trial as fast as we can.
Are you offering a deal, Mr.
Covington? Just testing your client's alibi.
I'm afraid it's indestructible.
Might be we'll explode it.
( phone rings ) Yes? Who? Oh, I'm sorry.
I can't talk right now.
What? Are you sure? I'll see you later.
Is something wrong? Ed-- The San Diego police just arrested him for the murder of Ethel Garvin.
( dramatic theme playing ) Postpone the stockholders' meeting.
Can we? We can, and we must.
Mr.
Mason-- I told you to stay in Mexico.
Until it was safe to leave, so when your secretary called and said it was all right, we left.
My secretary? Yes, and they were waiting for us at the border.
You certainly blundered this time.
You've heard my secretary's voice.
Did it sound like her? Lorrie answered the telephone.
She said the woman called herself Della Street.
She said you'd cleared it for me to get to the stockholders' meeting.
Mr.
Garvin, my secretary did not call you.
Well, who did? That's what I'd like to know.
Sergeant Holt, I show you this revolver already placed in evidence and marked state's Exhibit A.
Have you ever seen this weapon before? Yes, sir.
It has my mark on it.
Where did you first see it? It was found on the floor of Mrs.
Ethel Garvin's beach house in Coronado, about 9 feet from her body.
And what did you do with the weapon? I immediately had it checked for fingerprints.
Were any found? No, sir.
They'd been wiped clean.
I then sent it to Ballistics to find out whether or not this was the murder weapon.
COVINGTON: And the results? HOLT: The bullet taken by the coroner from the victim's head came from this weapon.
What was your next step? Well, since it was apparently the murder weapon, we sent out an all points bulletin and checked the serial number.
COVINGTON: The results? HOLT: The L.
A.
P.
D.
notified us that the registered owner was Miss Helen Bynum.
Thank you, sergeant.
Your witness, Mr.
Mason.
No questions.
JUDGE: You may step down.
I call Miss Helen Bynum to the stand.
CLERK: Helen Bynum.
Miss Bynum? Thank you.
Thank you.
Raise your right hand.
Do you solemnly swear to tell the truth, the whole truth and nothing but the truth? I do.
State your name.
Helen Bynum.
CLERK: Be seated.
Have you ever seen that woman before? Never.
That is Virginia Colfax.
COVINGTON: Miss Bynum, I show you this revolver.
Have you ever seen it before? Yes, it's mine.
When did you last see it? I left it on the terrace outside of Mr.
Garvin's office.
When was that? It was the night of, uh, June 14th.
And this revolver was never in your possession after that? No.
Thank you, Miss Bynum.
Your witness.
It's a pleasure to see you again, Miss Colfax.
The name is Helen Bynum.
You introduced yourself to me as Virginia Colfax when we met.
That was the first name that entered my mind.
Now, would you be good enough to tell this court why you carry a revolver? Certainly.
I happen to be a licensed private detective.
I see.
Then on the night we met, you were working as a private detective? Yes.
Now, would you mind telling the court what you were doing in Mr.
Garvin's office? I was checking the files.
Of course, you were authorized to do that.
Tell us, Miss Colfax-- I beg your pardon.
Miss Bynum, were you authorized to go through those files? No.
So you were on the premises illegally? Answer the question.
I had no right to be there.
Then you admit you broke into the office? I did not.
Someone had given you a key? I had my own.
It's a skeleton key.
Now, while you were going through those files illegally, you were interrupted, were you not? Yes.
I show you this photograph of the deceased.
Now, is this the woman who interrupted your search? It might have been.
How didsheget into the office? She had her own key.
When I heard the reception door open I-- You pulled out the gun and retreated onto the terrace.
Yes.
Now, tell us, Miss, uh, Bynum, just exactly who were you working for? HELEN: I'm sorry, I can't answer that question.
MASON: You refuse to answer? HELEN: Yes.
Would the court please instruct this witness to answer the question? Is the witness conversant with her constitutional rights? Yes, Your Honor.
If necessary, I'm prepared to go to jail for contempt rather than divulge a confidence given by a client.
I'm going to inquire into this matter at the termination of this case.
I order you to appear in this courtroom at 3 p.
m.
one week from today, then and there, to show cause why I should not find you guilty of contempt of this court and impose sentence.
Have you any further questions of this witness, Mr.
Mason? No, Your Honor.
All right, Mr.
Covington, call your next witness.
COVINGTON: And where did you first see this revolver, Mr.
Livesey? When Mr.
Garvin showed it to me.
He'd found it on the terrace.
Was anyone present with Mr.
Garvin? Mr.
Denby came in with me.
What did Mr.
Garvin do with the gun? He put it in his desk drawer and then locked it.
He didn't notify the police? He said he was going to do it later.
He was late for an appointment at the time.
COVINGTON: Thank you.
Your witness.
No questions.
Uh, Mr.
Denby, how do you know the gun that the defendant locked in his desk is the same as this gun that has been offered here in evidence? It has the same number.
You wrote down the number? Oh, no, no, I remembered it.
I have a photographic memory for numbers.
If you'd care to try me out-- No, no, no.
No more questions.
Your witness.
No questions.
Now, which one? This is the car I saw the night of the murder.
You're absolutely certain, Mr.
Scanlon? Oh, yeah.
You see that scraped rear fender? He did that against the wash rack of my gas station.
He was in such a hurry, he didn't even look where he was going.
Never even stopped when I called him.
That's how come I got his license number, to send him a bill of damages, $8.
About what time was this? Oh, about 1:00.
I was fixin' to close.
I had the tanks locked, turned the station lights out, and he walks in.
He'd run out of gas about a quarter mile up the road.
Mm-hm.
How'd he act? Well, I've never seen a man in such a hurry and real nervous, like he'd seen a ghost or something.
And he kept lookin' back up the road.
By "back up the road," do you mean toward Coronado? That's right.
Mr.
Scanlon, I ask you to look around this courtroom and tell me if the man you're talking about is in this room.
That's him.
And I'd sure like to get that 8 bucks off him.
Thank you very much, Mr.
Scanlon.
That's all.
Your witness.
Mr.
Scanlon, are you absolutely certain of the direction from which the defendant approached your service station? Well, he walked in once, then he drove in.
Both times he came from the direction of Coronado.
Would you happen to know whether or not he had passed your station earlier in the evening while on his way to Los Angeles? And at the time he scratched his fender, he was then on his way back to Mexico? Objection, Your Honor.
The question is argumentative, not proper cross-examination, and assumes facts not in evidence.
JUDGE: Objection sustained.
Trouble? Big trouble.
Your client's been lying.
Covington knows it.
Mr.
Mason? Oh, I beg the court's pardon.
We've just uncovered some new evidence.
May I have a moment, Your Honor? Yes, of course.
What the devil is he up to? We'd better find out.
Your Honor, if, uh, Mr.
Mason wants time, I have no objection if we adjourn until Monday morning.
Mr.
Mason? I didn't ask to adjourn, Your Honor, however if Mr.
Covington feels he needs an adjournment But Your Honor, I thought Mr.
Mason-- JUDGE: All right, Mr.
Covington, let's not get involved in discussion.
Do you or do you not want an adjournment? Yes, Your Honor.
Very well.
Court stands adjourned until 10:00 Monday morning.
What's wrong? I'll let you know later.
Let's have it, Paul.
Garvin's alibi, it's no good.
Are you sure? Mrs.
Garvin said something about hearing chimes, didn't she? Yes.
She didn't.
Didn't what? Hear chimes.
I just found out that Filomena's going to be called as a prosecution witness to testify that the chimes are turned off every night just after 10:00, so as not to disturb the guests.
I'll show you,SeñorMason.
Always, I close chimes after 10:00.
Make too much noise for sleeping.
When do you open them? At 8 in the morning.
Did you hear a car leave at any time during the night? Yes, dos.
Two? Two.
First,SeñorGarvin, then your machine.
Mine? Who took it? The young lady.
Mrs.
Garvin? Too dark to see face, but same nice figure.
Tell me, Filomena, were there any other nice figures at the hotel that night? SÃ, señor.
After you go to bed, arrive another in taxi.
I think maybe a friend of you, but Filomena never ask questions.
Never.
Thank you, Filomena.
I tell you, I didn't leave the Vista del Mar that whole night.
I've got to hand it to you.
I'm not very often fooled, but you did it beautifully.
I don't know what you mean.
When I first met you, I thought you really loved Ed Garvin.
I do! He doesn't mean a thing to you.
I should have spotted your motive immediately.
With Ethel dead and Garvin on his way to the gas chamber, you'd get everything he has.
Mr.
Mason-- You knew all along that gun was probably in his office desk.
Mr.
Mason, I don't know what brought this on, but I do love my husband! So you prove it by lying and letting him go to his death? Where did I lie? You claimed you never left the Vista del Mar that night.
I didn't! Filomena will testify she saw you take my car.
Your car was-- My car was still parked when you left? Then whose car did you take? I went in Ed's.
I couldn't tell you that before.
Ed had to have an alibi! Where'd you go? To Ethel Garvin's.
What prompted that? I-- I telephoned her that night at the beach house at Coronado.
All the telephones at the hotel were out of order after 11:00.
I called her earlier than that! Why didn't you tell me that before you made the call? I was right there at the hotel.
I didn't want to disturb you! I thought you'd be asleep.
I couldn't sleep.
I hadn't slept in days.
I couldn't go on that way anymore! I told her Ed would give her everything if-- She must have expected the surrender.
She told me her attorney had drawn up a paper.
All Ed had to do was drive up to Coronado and sign it.
Did you ask her what was in this document? She said it was none of my business.
Either Ed wanted to be released or he didn't.
That was a fair estimate of the situation.
Did Ed agree to that? We left five minutes later.
And when you got there? He told me she was dead.
I didn't go into the house with him.
He came out a few minutes later.
He was completely shaken.
After we'd had a cigarette, we started back to the Vista del Mar.
Then we ran out of gas a mile or two down the road.
But the gas station attendant said Ed was driving alone.
I was on the floor under a blanket.
Ed was afraid we'd be questioned for the murder.
He didn't want me involved.
Mr.
Mason, you've got to believe me.
I do.
Oh I had to shake the truth out of you.
Now, when you got back to the hotel, was my car still there? Yes.
Ifyoudidn't take it, who did? Filomena said someone who-- Operator, I'd like to talk person-to-person to Los Angeles to Mr.
Paul Drake.
People v.
Garvin.
Are you ready to proceed, gentlemen, and is it stipulated that the defendant is in court and the jurors are all present? So stipulated.
So stipulated, Your Honor.
If the court please, may I be permitted to recall Miss Helen Bynum for additional cross-examination? Mr.
Covington? Your Honor, we certainly don't wish it to be said that where a man's life is at stake, the district attorneys of this county would forestall any efforts to determine the truth.
MASON: Thank you, Mr.
Covington.
Is Miss Helen Bynum present? You will take the stand, please.
But I already refused to testify.
Take the stand, please.
Now, Miss Bynum, I asked you before who your client was in this case.
And I told you I wouldn't betray a confidence.
That's very commendable of you.
However, my next question doesn't pose that problem.
Were you at the Vista del Mar hotel on the night of the murder? No.
Remember, you're still under oath.
I told you, I wasn't there.
You didn't go to the Vista del Mar hotel to see if the defendant and his wife were there and then take my car and drive to San Diego to report your findings to your client? I don't know what you're talking about.
All right, then, where were you on the night of the murder? I don't remember.
Perhaps your memory will serve you better in another area.
Does the name Della Street mean anything to you? No.
You never used that name? I most certainly did not.
Now, would you tell us the telephone number of your office? Braddock, 4-3-2-2-2.
I have here a copy of your telephone bill for the month of June.
Now, would you kindly explain this item on June 18th, the day after the murder? A $3.
10 charge for a long-distance telephone call from your office to the Vista del Mar hotel in Mexico.
If you weren't calling the defendant, who were you calling? Miss Bynum, I don't believe you appreciate the gravity of this situation, and I have no desire to entrap you, but that telephone call was made in order to frame the defendant.
And in making the call, you left yourself open to the charge of accessory to a murder.
Do you know the punishment for that? Now, just a minute.
I'm not gonna take that rap.
I didn't know what he had in mind.
He told me to use the name Della Street.
Who is this "he" you refer to, your client? Yes.
All right.
Now tell us his name.
Frank Livesey.
She's a liar! ( crowd murmuring ) Come forward, sir.
Do you mean to tell us that you did not employ this woman? I employed her, Your Honor.
But I never told her to make any phone call to Ed Garvin, and I never told her to use the name Della Street.
MASON: If Your Honor please, in view of the developments, may I have the opportunity of cross-examining Mr.
Livesey? You certainly may.
All right, miss, you may step down and resume your seat.
Take the stand, Mr.
Livesey.
Now, just for the record, Mr.
Livesey, did you or did you not employ the previous witness, Miss Helen Bynum? Yes, I did.
MASON: And under your instructions, did she go to Mr.
Garvin's office on the night of June 14th? FRANK: Yes, I was supposed to meet her there.
But the deceased got there before you and Miss Bynum was forced to make her exit through my office? That's what she told me.
Now, on the day of June 18th, did you not instruct Miss Bynum to use the name of Della Street and call Edward Garvin at the Vista del Mar hotel? I told you before that I didn't.
You're under oath now, Mr.
Livesey.
My answer is still the same.
I never told her to do that.
May I ask how much you earn as president of the Ajax Corporation? FRANK: Twenty-thousand dollars a year.
MASON: And bonuses? And bonuses.
Now, isn't it true that if Ethel Garvin had lived and gained control of the Ajax Corporation, you would have lost that position? I could have found a better one.
Isn't that wishful thinking? Your Honor, if the court please, I'm sure that Mr.
Mason will agree that I've been most cooperative.
But I can't sit back and see the valuable time of this court wasted on a fishing expedition that can lead nowhere.
If the court will permit me to recall a witness, I can prove that Mr.
Mason's efforts are merely time-consuming.
No objection.
You may step down temporarily.
I call Mr.
George Denby.
Mr.
Denby, I ask you to examine these letters and tell me if you've ever seen them before.
Yes, sir.
When did you see the first of them? About a week after the death of Mrs.
Ethel Garvin.
The next two arrived several days after that.
I'll ask you to explain the contents of these letters.
Each is the offer of a job to Mr.
Frank Livesey, all at an increase in salary.
Are they bona fide offers? Oh, yes, sir.
How do you know this? Mr.
Livesey asked me to investigate these offers and negotiate the salaries for him.
Mr.
Livesey has no concept of money, only how to spend it.
Then you would say on the basis of these letters that Mr.
Livesey would have no problem in finding employment? Certainly not.
He is well-known as a superb salesman and customer's man.
Then by the same token, he would have no motive in wanting to kill Mrs.
Ethel Garvin to protect his job? Objection, Your Honor.
The question calls for a conclusion on the part of the witness.
JUDGE: Objection sustained.
No more questions.
Your witness, Mr.
Mason.
Mr.
Denby, on the basis of your testimony, I would say that you and Mr.
Livesey were good friends.
Only in business.
We did not see each other socially.
MASON: Of course, you discussed the problems of the Ajax Corporation with each other? Of necessity.
You also discussed the murder of Mrs.
Ethel Garvin, did you not? Naturally.
Did Mr.
Livesey tell you about employing a detective to watch Mrs.
Garvin? Yes.
Did he tell you that before or after the murder? After the murder.
Will Miss Helen Bynum please rise? Have you ever seen this woman before? Yes, when she testified.
That was the first time you saw her? Yes.
MASON: You are absolutely positive you've had no other contact with her at any time? Positive.
Mr.
Denby, do you subscribe to a telephone answering service? Yes, I do.
How do you account for the fact that during the past month, your answering service has records to show that Miss Bynum left messages for you on a number of occasions? Who told you that? Do you deny it's true? Well, maybe she called me.
She called you through your answering service for one reason only.
She didn't want Mr.
Livesey to know she was also working for you.
But you were well aware that she was working for him, were you not? She kept you informed on everything, didn't she? You were the one who sent her to the Vista del Mar hotel in Mexico to keep tab on the defendant.
When he left that night, she tried to call you, but the hotel lines were out of order.
That's why she took my car and drove to Tijuana to phone.
Where did she reach you, Mr.
Denby? In San Diego.
Only 15 minutes away from Ethel Garvin's beach house in Coronado.
You, of course, knew Ethel Garvin was a shrewd businesswoman.
What does that prove? In taking over control of the Ajax Corporation, she first would have asked for an audit of the books.
Isn't that why you killed her, Mr.
Denby, to prevent that audit? How much money have you embezzled? You're making a terrible mistake.
Am I, Mr.
Denby? When Mr.
Livesey admitted that he employed Helen Bynum to spy for him, I could think of no logical reason why he would deny that he'd asked her to use Della's name in calling Mr.
Garvin.
It certainly was no more incriminating.
So you had to find another explanation.
And I realized there must have been another client in the picture.
But I never told you that Denby's phone answering service had records of her calls to him.
They didn't.
Well, you knew that, and I knew that.
Fortunately, Mr.
Denby did not know that.
Well, I'll say one thing.
You felt all along that Virginia Colfax-- Alias, Helen Bynum.
--was the answer to the whole case.
Oh, but I had an ulterior purpose in trying to find her.
Oh? I was intrigued when Mr.
Garvin said there was another Della Street.
I thought you were the only one in the world.
( laughs ) ( noirish jazz theme playing )