"( noirish jazz theme playing )" "( mysterious theme playing )" "( dog barking )" "( barking )" "Would you, uh, excuse me a moment, Mr. Andrews?" "I'm washing some prints." "I wanna take them out." "Okay." "Are you interested in photography?" "Not very." "It's a hobby of mine." "That's very interesting, Mr. Borden, but it isn't what I came to see you about." "Of course." "You knew that I had the contract for the new school out on 94th Street." "Yes, I'd heard." "What's the matter?" "Your bid too cheap?" "No, my bid was all right." "Labor troubles?" "No." "Don't tell me you're having inspector troubles." "Aren't you building to specifications?" "Yes, I'm following specs." "But the inspectors are using microscopes." "Riding me, delaying me, hamstringing me." "I'm going broke." "Yes, those inspectors can be rather pesky." "Well, now, what brings you to me, Mr. Andrews?" "Well, when I complained to one of 'em, he said, why don't I get smart?" "Go see Wilfred Borden." "Yes, it's true." "I do specialize in public relations, technically." "But I don't use bribery." "And I do need political influence, and that costs me money, Mr. Andrews." "Dollar diplomacy." "How much?" "Five thousand to start with." "We'll make other arrangements as we go along." "And I'll have the cash for you in the morning." "Oh, Mr. Andrews." "It's too bad we couldn't have come to an understanding before you started construction." "However, you don't have to worry about the inspectors anymore." "Listen, don't be mistaken about me, Borden." "If my troubles with the inspectors are over, my troubles with my self-respect are just beginning." "Now, our association will last only as long as I can't figure a way to get rid of you." "( dramatic theme playing )" "( uneasy theme playing )" "( engine starts )" "( tires screeching )" "( dramatic theme playing )" "( engine shuts off )" "ANDREWS:" "Anybody hurt?" "You all right, miss?" "WOMAN:" "Help!" "Help!" "Help!" "Are you hurt?" "( moans )" "W-who are you?" "I was driving the other car." "Oh." "Listen, can you stand up?" "( gasps )" "I better get you to a doctor." "Oh, no." "No-- No, I'll be all right." "If you could just drive me home..." "Oh, could I borrow this for a minute?" "Sure." "Oh, thank you." "Listen, are you sure you don't wanna see a doctor?" "I-if I need one, there's one that lives right in my apartment building." "Uh, you will drive me home?" "Of course." "Oh, uh, my name is Beatrice Cornell." "George Andrews." "Uh..." "Oh, Mr. Andrews." "Well, it was all my fault." "I saw something in the road, a dog or cat or..." "Anyway, I swerved to avoid it, and..." "But I-I'm covered." "Now, they'll take care of everything." "Did you get my--?" "My license number?" "Yes, I have it." "( sighs )" "Y-you know, I guess I am a little bit shook up." "Do you know where the Dorman Apartments are, on Rossmore?" "Well, I'll find them." "( sighs )" "Fine." "( mysterious theme playing )" "You've been very nice." "You know, you haven't complained once about my running into you or what a bad driver I am." "Perhaps we could see each other again." "I hope so." "Well, you know how to reach me, Mr. Andrews." "Good night." "Night." "( dramatic theme playing )" "Hello, would you rush a cab to the Dorman Apartments on Rossmore, please?" "I'll be waiting outside." "( soft jazz music plays on radio )" "Is Frank still in the bedroom?" "He's still sleeping it off, Loretta." "He really tied one on." "Boy, it sure took you a long time to get those cigarettes." "Here." "Frank?" "FRANK:" "Hm?" "Oh, Frank." "Yeah, what?" "Wake up, come on." "Get up." "Frank." "Wake up." "Come on." "( sighs heavily )" "( groans )" "Sorry, Lorie, I guess I had one too many." "Oh, Frank, you have a job to do for Mr. Borden." "You're supposed to pick up one of his dogs at the vet's and take it back to him at 9:30." "Hey, that's right." "What time is it?" "It's a quarter of 10." "Boy, he's really gonna be sore." "Come on, you better get started." "Come on." "Yeah, see you later, baby." "( door closes )" "( soft music playing on piano )" "Oh, good evening, Mr. Mason." "George." "Will you come this way?" "Mr. Mason, I thought I recognized you." "I need legal advice, Mr. Mason, and my own attorney's out of town." "My name's George Andrews, and I realize this is a terrible time to approach you" "I'm sorry, Mr. Andrews." "You see, I..." "All right, sit down." "Let's hear about it." "Thank you." "Something, uh" "Something very strange happened just a little while ago." "Uh, I'm a contractor executing bids on a school building." "She said her name was Beatrice Cornell." "I didn't ask to see her driver's license." "I don't know why." "Did you get the number of her license plates?" "Yes, it was, uh, CVX-266." "Go on, Mr. Andrews." "Well, in the moonlight I could see her feet and legs and she was wearing open-toed shoes," "I could swear it." "I suppose she was." "Well, when I got back with the flashlight, she had changed them." "That sounds idiotic, doesn't it?" "Are you positive?" "No." "But Ithinkso." "Did you report the accident?" "No." "Why not?" "Well, I'm involved in rather a delicate situation with Wilfred Borden." "Wilfred Borden?" "He's kind of a political Mr. Fix-It, isn't he?" "That's where I was tonight." "If my construction troubles were to stop suddenly and I was linked to a visit with Borden, it would really hurt." "All right." "I'll see if I can get in touch with this Beatrice Cornell, and arrange to have a doctor call on her." "Uh, she said she wouldn't need one." "Hm." "I'm your attorney." "Let her say that to me." "Della, see if you can reach her by phone." "Mm-hm." "( rings )" "Beatrice Cornell speaking." "( Perry speaking indistinctly ) Who?" "My name is Mason." "I'm an attorney representing George Andrews." "MASON ( on phone ):" "He owns the car you ran into this evening, Miss Cornell." "The car I ran into?" "What are you talking about, Mr. Mason?" "Didn't you have an accident this evening?" "That'd be the trick of the week." "I don't own a car." "I'm very sorry to disturb you." "Thank you." "Good night." "Mr. Andrews, when you first saw this young woman, you said she had a very faint pulse." "That's right." "I think we'd better get out to the Borden estate." "Now?" "We're dealing withtwowomen, Mr. Andrews." "One calling herself Beatrice Cornell, the other injured, possibly badly, and possibly still wandering around helplessly in the vicinity of the accident." "Let's go." "( mysterious theme playing )" "John Milton Carson." "A friend of yours, Andrews?" "No, she led me to believe it was her car." "Also that her name was Beatrice Cornell." "This place gives me the willies, Perry." "It's almost 11:00." "There's nobody here." "Let's go, hm?" "( dog barking )" "( alarm bell ringing )" "What was that?" "Sounds like an alarm." "Let's get outta here." "( barking )" "Oh!" "( moaning )" "( barking, growling )" "There's a phone there." "I'll try the house." "Hello?" "Hello, there's been an accident." "Might be a young woman seriously injured and wandering around helplessly on the grounds." "And with your dogs running loose, why" "Wait a moment." "Hello?" "Della, take the line, will you?" "The woman said she'd find out whether Mr. Borden could be disturbed." "Hello?" "Uh, Mr. Borden, this is an emergency." "Your dogs are loose, and" "I know, but there may be a dazed young woman inside the gates." "Hello, Mr. Borden?" "Look, the responsibility is now yours." "We can't get inside the gates." "All right." "See that you do." "He said he'd round up the dogs." "( dog whistle )" "( dramatic theme playing )" "( serious theme playing )" "Morning, Paul." "Morning, Perry." "Morning, Della." "Morning." "Sleep well?" "No." "I was worried about a young woman who might be hurt and who might be wandering around the estate" "And who might've met up with some Doberman pinschers." "Right." "There was nothing in the paper though, Perry." "Well, maybe no news is good news." "Paul, I'd, uh, like you to do a job for me." "I'm looking for a young woman." "Okay." "Light hair, about 27 or 28, brown eyes, about 5-foot-4, nice legs." "Her name?" "I don't know." "Address?" "I don't know that either." "But I do have a lead for you." "Last night around 9:00, she was involved in an accident with our client, George Andrews." "Happened right outside the Borden estate in Vista Mesa." "Wait a minute." "I just heard it on the car radio this morning that, uh, Wilfred Borden was murdered last night." "Where?" "What time last night?" "It was only a flash." "It just came over the wire, but I can more details around headquarters." "This woman is much more important now." "She may have been driving a stolen car, and she gave our client the name of Beatrice Cornell." "He dropped her off at the Dorman Apartments on Rossmore." "About what time would that have been?" "I figure about a quarter of 10." "She might've called a cab the minute your client left." "I'll check it out." "Uh, if I draw a blank, do you want me to follow up this Beatrice Cornell angle at the Dorman Apartments?" "No, I'll be working on that one." "Della, get hold of George Andrews." "Have him wait here in the office till I get back." "Right." "Bye, beautiful." "Bye." "( ominous theme playing )" "Look, Mr. Mason, I know a dozen young women." "Any one of them could've used my name and address." "Good-looking, light hair, long, shapely legs?" "They've all got long, shapely legs." "They're photographers' models." "I represent them." "Between that and my telephone answering service," "I make a good living." "Photographers' models?" "They work for amateurs?" "What have you got in mind?" "Hiring one of them." "Which one?" "One whom I believe was in an accident last night at the Borden estate, around the time Mr. Borden was murdered." "Mr. Borden, murdered?" "Did you know him?" "Well, he's" "Well, he was an amateur photographer." "Sometimes he got models through me." "Recently?" "No, not for several months." "I think he made a private deal with some model for some special kind of calendar pinups." "Now that's what I'll want: pinups." "Do you have any photographs of those models?" "Yes." "I assume you know what you're looking for?" "Yes, I do." "I'd like you to get in touch with all your models and find out which one of them might not be able to pose in a bikini." "CORNELL:" "Well, what good will that do?" "MASON:" "Just tell them I wanna discuss a business proposition with them." "Well, Miss Cornell?" "All right." "I'll call them." "Here's my address." "I'll be waiting for them." "(  suspenseful theme playing )" "WOMAN:" "Well, if you're looking for bruises, Mr. Mason, we can always get a makeup man." "I'm afraid it wouldn't work, Miss Drew." "I need the real thing." "Well, there's always another time." "This should cover your inconvenience." "Thank you, Mr. Mason." "You're welcome." "Goodbye, Miss Drew." "Goodbye." "Oh, hi, Dawn." "Hi, Patti." "I'm Dawn Manning." "Miss Cornell sent me." "Come in, Miss Manning." "Uh, Mr. Mason, I don't want any misunderstanding." "My legs are not at their best right now." "I was in an accident last night, and I'm all bruised and skinned." "Badly?" "Well..." "I hope we can wait a few days." "Well, as a matter of fact, Miss Manning," "I'm interested in the bruises." "They were caused by an automobile accident last night, weren't they?" "What is this?" "Miss Cornell said this was a legitimate posing job." "It is." "From the moment you left home, you've been under salary, at the regular rates." "Well, what's this bit about an accident?" "Well, I'm an attorney representing a man involved in the accident." "Here, sit down." "The accident happened outside the Borden estate, didn't it?" "Yes." "Were you driving alone?" "No, I wasn't driving at all." "Another woman was driving." "Oh?" "Who?" "I don't know." "I was leaving a studio party in Vista Mesa, and when I went downstairs, this woman offered me a lift." "You'd never seen her before?" "No, and that's funny too, because she seemed to know who I was." "At least, she knew my name and that I had been married to Frank Fettridge." "He works for Wilfred Borden." "How do you mean you hadbeenmarried?" "Well, let's say we're getting a divorce." "Would you tell me how the accident happened?" "Well, we were driving along, and she asked if I would mind if she stopped off to see a friend very briefly." "Then she mentioned very casually that she understood my divorce from Frank had never gone through." "And at that moment, she started to swing into Wilfred Borden's driveway." "I sensed a trap and grabbed at the wheel." "Another car was coming out of the gate, and, well, the cars hit." "And the car I was in skidded around and went into the hedges." "And then?" "And then I don't know." "I passed out." "But I must've sailed out of the car and skidded along the dirt to get these bruises." "What happened after you came to?" "Well, the car was against a tree and the woman was gone." "I made it to the highway, and after about five minutes," "I caught a bus for town." "Do you know what time it was when you caught the bus?" "I know exactly." "It was 9:35." "( phone rings )" "Excuse me." "Yes?" "DELLA ( on phone ):" "Perry?" "Paul just called." "He was right." "A Skyline cab picked up the woman at the Dorman Apartments at 9:48." "Mm-hm." "He drove her to the Ogden Apartments, 2812 Ogden Way." "Did he get the name?" "Uh-huh, Loretta Harper, Apartment 7E." "Incidentally, Perry," "Paul wanted you to know that the wrecked car was stolen." "( Perry speaking indistinctly )" "No, no, I still haven't heard from Mr. Andrews." "All right, Della, keep trying." "Miss Manning, I understand you're quite good friends with Loretta Harper." "I never heard of her." "Am I through now?" "Yes." "Except for the pictures." "Oh, do you still want them, bruises and all?" "Bruises and all." "Okay, where do I change?" "Right in there will be all right." "Thank you." "( quiet dramatic theme playing )" "Yes?" "My name is Mason, Miss Harper." "I'm an attorney." "May I speak to you for a few minutes?" "Can you tell me what it's about?" "The accident last night." "Come in." "Just what accident are you talking about?" "The one where you grabbed Dawn Manning, dragged her out of the car, took her place, and then called for help." "Please sit down, Mr. Mason." "Now, just what was it that you wanted to know about the accident?" "How did you happen to be driving a stolen car?" "I, driving a stolen car?" "Weren't you?" "Why, no, of course not." "Besides, I wasn't driving." "She was." "Why, if anyone stole that car," "Dawn Manning stole it." "How did you happen to be with her?" "She forced me to get into that car." "Where was this, Miss Harper?" "Right in front of the apartment house." "( sighs )" "I'd had a few friends in last night, and when we ran out of cigarettes," "I went out to get some." "She was just waiting for me there at the curb." "Then what?" "She leaned across the seat and opened the door and pointed that gun at me and told me to get in." "And you got in?" "Oh, you bet I got in." "She was nearly hysterical." "She started to drive like crazy and she said Frank Fettridge had told her they were divorced," "And" " And then she found out that he hadn't gone through with it, and..." "Oh, I don't know." "A whole bunch of stuff like that." "This, uh, Frank Fettridge:" "he'd be the one who works for Mr. Borden?" "Worked,Mr. Mason." "Mr. Borden was murdered last night, or this morning sometime." "I heard it on the radio." "How do you know Fettridge?" "He's my boyfriend." "And theyaredivorced, Mr. Mason." "Frank and I are going to get married." "Do you suppose I might be able to talk with him?" "Why, sure." "He's probably out at" "What's the matter?" "That half-smoked cigarette you just picked up had no lipstick on it before you started smoking it." "Frank." "This is Mr. Mason, Frank." "Yes, I know about him." "It's, uh, Perry Mason, Lorie." "We don't have to answer any questions." "That's right, Mr. Fettridge." "But what do I have to hide?" "Whyshouldn'tI tell the truth?" "Just general principles, baby." "Don't ever offer anything." "It can come back to haunt you." "That's quite true, Miss Harper." "But sometimes, if it is the truth you're telling, it saves embarrassment and trouble." "The way things stand now, either you or Miss Manning have been lying." "Why, sure." "You wouldn't expect a woman who would use a gun to pull a kidnap stunt to tell the truth, now, would you?" "Are you able to corroborate any part of her story, Mr. Fettridge?" "All of it." "There's just one thing I'd like you to tell me." "Why did you lie to George Andrews?" "Why did you give him someone else's name and address?" "Because I didn't want to become involved, Mr. Mason, and I still don't." "It seems youareinvolved, Miss Harper." "Mr. Fettridge." "( suspenseful theme playing )" "The body was discovered at 7 this morning by the cleaning woman." "There's a small photo lab and studio right off the den." "He was lying in there, a .38 slug in his chest." "What else, Paul?" "On Borden's desk, on his date pad for yesterday was written:" ""G. Andrews. 8:30 p.m."" "What--?" "( rings )" "Yes, Della?" "Oh?" "Well, send him in." "Hello, Mr. Mason, I" "Mr. Drake, Mr. Andrews." "Mr. G. Andrews." "How do you do?" "How do you do?" "All right, Paul." "You were telling me of the developments in the Borden murder." "The police found fingerprints in the den, which checked out to be those of George Andrews, a contractor putting up a schoolhouse on 94th Street." "Go on, Paul." "Mm, the police tried to find Mr. Andrews and couldn't." "We weren't able to find him either." "I wasn't home all day." "Then Homicide started checking." "They found out the way Borden works, also that George Andrews had resisted pressure as long as he could." "Then last night he visited Borden, the police think, to pay him off." "I was facing ruin." "When you left him, was Borden still alive?" "Yes." "MASON:" "Was he alone?" "As far as I know." "Did you go back to the Borden place last night after we'd been there?" "No." "The police are very likely waiting for you at home." "They'll wanna ask you some questions." "( phone rings )" "Yes, Della?" "All right." "Send him in." "This is very considerate of you, Perry." "I thought I'd have to wait until your client had left." "Uh, you're Mr. Andrews, aren't you?" "Yes." "Yours?" "No." "I never saw it before." "We found this in the glove compartment of your car downstairs." "It's a Colt .38." "This is Lieutenant Tragg of Homicide." "You know Borden was killed with a Colt .38?" "I tell ya, it isn't my gun." "TRAGG:" "Oh, sure it isn't." "It's just that Ballistics will want to play around with it before giving you a clean bill of health." "Let's go." "What do you want with me?" "I don't know how the gun got in my car." "You'd better go along with the lieutenant." "My, you're cooperative today, aren't you?" "( dramatic theme playing )" "( forlorn theme playing )" "The bullet entered the chest slightly to the left of the median line, tearing one corner off of the heart." "Was there a great deal of bleeding, doctor?" "Quite a bit." "And what type of blood was it?" "Type AB, a rather rare blood grouping." "Less than 12 percent of the people have it." "BURGER:" "And where you able to establish the time of death?" "Between the hours of 8:30 and 11:30 p.m.," "Monday, March 9th." "Thank you, doctor." "Your witness." "No questions." "I call Lieutenant Arthur Tragg, please." "Now, lieutenant, I show you this .38-caliber" "Colt automatic, previously identified by Ballistics as being the murder weapon, and marked people's Exhibit A." "I ask you if you recognize it." "Yes, I do." "I found this in the glove compartment of the defendant's car the day following the murder." "Did you also have occasion to search the defendant's apartment?" "I did." "And what did you find there?" "Well, I found a suit of clothes with rust-colored spots all over it." "They proved to be blood." "BURGER:" "What type blood?" "Type AB." "The same rare type as that of the deceased, Wilfred Borden?" "That's right." "Thank you, lieutenant." "That'll be all." "Cross-examine." "I remember that, Mr. Mason." "I've been meaning to have the suit cleaned for a long time now." "I'm subject to nosebleed." "What type is your blood?" "I don't know." "No questions." "MAN:" "My hardware store is pretty large." "We have petty thefts regularly." "We didn't discover the gun was missing until inventory time." "But you did discover it was missing prior to Monday, March 9th, of this year?" "Oh, yes, sir." "We discovered it over a year ago." "Then almost anyone could have taken the gun?" "Anybody who got into the store." "Thank you, sir, that'll be all." "Cross-examine." "MASON:" "No questions." "JUDGE:" "Witness may stand down." "I call Mr. Jasper Horn to the stand, please." "I'm foreman of the school construction job on 94th Street." "Are you acquainted with the defendant in this case," "George Andrews?" "Sure, he's my boss." "BURGER:" "Would you recite for us, please, the gist of the conversation you had with Mr. Andrews on Monday, March the 9th?" "Sure." "It was like a lot of other conversations." "I told him I felt sure that we was gonna keep on having trouble with the inspectors and the suppliers unless he made a deal with Borden." ""Made a deal"?" "Yeah." "Chilled the heat." "Played ball..." "Paid him off." "And what was Mr. Andrews' reply to this suggestion?" "Same as always." "He said he would shoot Borden through his conniving heart before he'd pay tribute." "BURGER:" "I see." "That's all, Mr. Horn." "Thank you." "To you, counselor." "Mr. Horn, on Monday, March the 9th, did, uh, Mr. Andrews also tell you he was going to see Mr. Borden?" "Yes, sir, he said he had an appointment with him for that evening." "And Tuesday, after his visit with Mr. Borden?" "Well, Tuesday the story was different." "The inspectors told me they felt sure there wouldn't be any more trouble." "Then it would appear Mr. Andrews did pay the tribute, would it not?" "I object, Your Honor." "I'll withdraw the question." "I'm through with the witness." "I call Frank Fettridge to the stand, please." "JUDGE:" "Mr. Fettridge." "You may step down." "Mr. Fettridge, you were employed by the late Wilfred Borden?" "Yes." "In what capacity?" "Sort of general assistant." "I did whatever needed to be done." "Calling your attention now to Monday, March the 9th, the evening of the murder, would you tell us what transpired, please?" "Yes." "Well, about half past 5, a phone call came in, and I made an appointment for Mr. Andrews to see Mr. Borden sometime that evening between 8:30 and 9:00." "And what didyoudo, Mr. Fettridge?" "Well, I had a date that evening, so I left early, around, um, 6:00." "You left Mr. Borden alone, is that correct?" "That's right." "Thank you." "That'll be all." "Cross-examine." "There's a, um, high fence surrounding the estate, is there not?" "There is." "Do the electric gates work by a timing device?" "Yes, they close at 11:00 at night and open at 6 in the morning." "Now, the room in which Mr. Borden was found dead, was it kept locked?" "It has a spring lock on it." "Did Mr. Borden sometimes work with photographers' models in that room?" "Objection, Your Honor." "That's improper cross-examination." "It calls for matters that are completely extraneous." "The objection is sustained." "I have no further questions." "JUDGE:" "You may stand down." "If it please the court, since this is a preliminary hearing, the prosecution feels that it has made its case." "We have shown that a murder was indeed committed, and probable reason to believe that the defendant committed it." "The state rests." "I think you could've rested earlier and still have been entitled to an order binding the defendant over." "May the court please, counsel realizes defense normally does not put on its case at this time." "However, there is a peculiarity in the case." "What peculiarity?" "The time element." "If my client did commit the murder, he must've done so before 9:00." "The evidence doesn't so show, Mr. Mason." "The state has not made such a contention." "The state has adduced evidence which can bemadeto so show, Your Honor." "And defense proposes to show conclusively that the crime was not committed prior to 9:00, and that Wilfred Borden was alive and well long after 9." "That, of course, would be a perfect defense, if you can establish it." "We'll have to wait until the afternoon session, however." "Court will take a recess until 2:00." "Hi, Perry." "All right, Paul, have your man serve the subpoenas." "On his way." "We need one of them to establish the time of the accident as 9:00." "To prove that Andrews had left the grounds by then?" "That's right." "That one would be Loretta Harper, Perry, but what about the other one, Dawn Manning?" "One or the other is lying." "Cold logic points to Dawn Manning." "Why?" "There's a half-hour unaccounted for in her story." "But she was unconscious during that time." "That's what she says, Della." "You willing to take her word for it?" "( dramatic theme playing )" "Are you ready to proceed with the case for the defense, Mr. Mason?" "Yes, Your Honor." "I call Miss Della Street to the stand." "Do you solemnly swear that the testimony you're about to give shall be the truth, the whole truth, and nothing but the truth?" "I do." "State your name." "Della Street." "Be seated, please." "MASON:" "Now, Miss Street, when and where did you first see the defendant?" "DELLA:" "On the evening of Monday, March 9th, at Dessault's Restaurant." "MASON:" "What was the time?" "DELLA:" "Approximately five after 10." "MASON:" "And what happened?" "The defendant asked you to do certain things, and then the three of us left Dessault's Restaurant." "And where did we go?" "To your office." "And after that?" "We drove out to Wilfred Borden's place, parked the car outside the gate, and looked around for about 10 minutes." "MASON:" "And then what happened?" "An alarm sounded, the electric gate started closing, floodlights went on, and some dogs came running after us." "Go on, Miss Street." "Well, we got out all right, but we were afraid there was a young woman dazed within the grounds, and since the dogs were loose, we wanted to notify the house." "There was a phone at the gate, and, uh" "Should I go on with the conversation on the phone?" "Please do." "A voice answered, and he said it was Mr. Borden, and I said, "Mr. Borden--"" "Objection, Your Honor." "The witness could not possibly tell who was on the other end." "The witness did notstate who was at the other end, only that the person who answered the phone said he was Mr. Borden." "Overruled." "Proceed, Miss Street." "Thank you." "I told him it was an emergency, and, uh, he said something about the dogs always being loose at that time." "And you took the phone." "And after I'd hung up, what happened, Miss Street?" "We drove Mr. Andrews back to Dessault's Restaurant, where he picked up his car." "What time was it then?" "A bit after 11:30." "So you can vouch for the whereabouts of the defendant from five minutes after 10 until 11:30 on the night of the murder?" "Yes, sir, I can." "Thank you, Miss Street." "You may cross-examine." "We have no questions of this witness, Your Honor." "No cross-examination?" "No, Your Honor." "The court is aware, Mr. Burger, that Miss Street could not positively identify the deceased as being on the other end of that telephone conversation." "But the fact that he identified himself as Borden and that the prosecution's own witnesses testified the only person left in the house at that time wasWilfred Borden, makes a very strong presumption that it was indeed he." "Yes, Your Honor, we understand that." "It's just that we don't want to establish our rebuttal by cross-examination." "That's, uh, our case, Your Honor." "It would seem, Mr. Prosecutor, that we now have a very material difference in the situation." "If it please the court, we should like to put on some rebuttal evidence for the state, which we feel sure will clarify the entire situation." "JUDGE:" "Very well." "Proceed." "You may stand down, Miss Street." "BURGER:" "We would like to recall Frank Fettridge." "Mr. Fettridge, you heard Miss Street's testimony?" "Yes, sir." "Do you know anything at all about the conversation that she related for us?" "Yes, I know all about it." "She gave a very faithful account." "Iwas the person at the other end of the line." "You mean, you were the person who said you were Wilfred Borden?" "That's right." "Did you usually answer the telephone in Mr. Borden's name?" "Not usually, but frequently." "As a regular part of your duties in connection with your position with Mr. Borden, is that correct?" "Yes, sir." "Thank you, Mr. Fettridge." "Your witness." "Now, you told the court that you had a date that night and that you left the house at 6:00?" "That's right." "But I came back." "What time?" "Around 20 of 11, quarter of." "Alone?" "No." "Who was with you?" "Dr. Margaret Callison." "Who is she?" "A veterinarian." "We were returning one of the dogs." "She, uh, wanted to talk with Mr. Borden." "Well, while we were waiting in the den for him to come out of his studio, the gate phone rang." "She answered the phone because I was mixing drinks." "Then when I came out," "I spoke to your secretary, Miss Street." "What do you mean you were waiting for Mr. Borden to come out of his studio?" "The door was closed." "It's always closed when he's working in there." "Well, why didn't you go in?" "( chuckles )" "If I'd opened that door and interrupted him taking pictures," "I'd have been fired on the spot." "Now, uh, let me get this straight about Dr. Callison." "She was treating one of the dogs?" "That's right." "And you were to get the dog?" "Yes." "What time?" "9:30." "What time didyou get the dog?" "Around 10:30." "You were late." "Why?" "I overslept." "You overslept?" "( sighs ):" "Well, if you must know, at this party at my fiancée's," "I, uh, had a couple too many to drink, and passed out." "Who is your fiancée?" "FETTRIDGE:" "Uh, Loretta Harper." "Are you a married man, Mr. Fettridge?" "No, I'm divorced." "MASON:" "To whomwereyou married?" "FETTRIDGE:" "Uh, to a model." "She goes under the name of Dawn Manning." "And when was your divorce decree granted?" "Yesterday." "Where?" "Reno, Nevada." "I take it you flew up to Reno, obtained the decree, and then flew back here in order to appear as a witness?" "FETTRIDGE:" "Yes, sir." "MASON:" "You'd previously filed suit for this divorce, the issue had been joined, but you never went through with it?" "FETTRIDGE:" "That's right." "Now, I ask you, Mr. Fettridge, if it was possible for someone to have been with Mr. Borden in his studio during the time you and Dr. Callison were at the house." "Well, when I first came into the den," "I called out for Mr. Borden." "Did you get a response?" "Yes." "A woman's voice called back, "Go away, Frank."" "Did you recognize the voice?" "Yes, I did." "It was my wife" "My former wife, Dawn Manning." "It's a lie!" "It's a lie." "Order." "If I have another outburst like that," "I'll put you in the custody of the bailiff." "Proceed, Mr. Mason." "All right." "Now, at the time you heard Dawn Manning's voice, where was Dr. Callison?" "She'd taken the dog back to the kennel." "If it please the court, at this time I would like to recall Mr. Harvey Dennison." "The owner of the hardware store?" "I have no objection, Your Honor." "JUDGE:" "Mr. Dennison." "MASON:" "Mr. Dennison, are you acquainted with a young woman by the name of Dawn Manning?" "DENNISON:" "I am." "Was she ever in your employ?" "She was." "When?" "About two years ago." "Was she in your employ at the time the .38" "Colt was found to be missing from your stock?" "DENNISON:" "Yes, she was." "MASON:" "Thank you, Mr. Dennison." "That'll be all." "Just a minute, Mr. Mason." "You've made an accusation that Dawn Manning stole the gun in this case." "Mr. Dennison, have you any evidence whatever that she did?" "None, whatever." "BURGER:" "Thank you." "That's all." "( scoffs )" "You Honor, it's apparent that in spite of the desperate efforts of the defense counsel to drag someone else into this case, that the defendant has no alibi, that nothing material has been changed, and I fail to see what additional evidence is necessary" "for the prosecution to be entitled to an order binding the defendant over it." "Now, just a moment, Mr. Burger." "Your Honor, the prosecution has been putting on rebuttal evidence." "Well, I just finished that." "That completes our case." "Then, You Honor, I wish to put on some further evidence of my own in surrebuttal." "I would like to call to the stand," "Miss Loretta Harper." "Loretta Harper will come forward and be sworn." "Now, Miss Harper, do you know Frank Fettridge?" "I do." "Do you know his former wife, Dawn Manning?" "Yes." "Will you please tell this court exactly what happened in or about the Borden estate at approximately 9:00 on Monday, March 9th?" "Yes, sir." "We had an accident." "Who's we?" "Dawn Manning and I." "She was driving the car with one hand, holding a gun on me with the other." "Then another car, driven by the defendant," "George Andrews, turned out of the driveway" "Objection, Your Honor." "Counsel is now getting into something completely extraneous." "Objection overruled." "We're concerned here with events which happened on the premises where the murder took place at a time when expert medical testimony indicates it could've happened." "Proceed, Miss Harper." "Yes, sir." "Well, the car that, uh, Dawn Manning and I were in, went through a hedge." "We were both throw clear, but she was knocked out." "And what did the defendant do?" "Well, first of all, he came around to see if anybody was hurt." "And then he went back to his car to get a flashlight." "What did you do while he was gone?" "I dragged Dawn Manning out of sight, and then I took her place, so that when Mr. Andrews came back he would think there'd been only me in the car." "Then what, Miss Harper?" "Oh, well, then he just drove me away." "Leaving Dawn Manning unconscious on the ground?" "Oh, but she wasn't really unconscious, not then." "Uh...maybe still dazed." "Because, you see, when I went back to the car to get my coat and my bag" "Well, I looked where I had left her and she was gone." "What time was this, Miss Harper?" "Oh, 9:00." "Maybe five or six minutes after, I guess." "And the gun, Miss Harper?" "What happened to the gun?" "Well, I don't know." "( laughs )" "I never thought about it." "Thank you." "Your witness." "No questions, Your Honor." "You may stand down." "It has occurred to me, Your Honor, that if Mr. Borden were engaged in taking photographs in his studio on the night of the murder, some evidence of it must exist and is probably in the hands of the authorities." "Mr. Burger?" "Well, Your Honor, there was some exposed film on Mr. Borden's camera, but there's no positive way of telling when the pictures were taken." "Are the prints available?" "Yes." "May we see them?" "Yes." "Miss Dawn Manning will come forward." "Am I anticipating you, Mr. Mason?" "Did you wish to put this witness on the stand?" "Oh, thank you, Your Honor, but I wonder if I might first call" "a previous prosecution witness:" "Mr. Frank Fettridge." "What possible purpose could we serve in calling him, Your Honor?" "I can see now where an investigation of Dawn Manning might be in order, but" "There still remain one or two small points" "I'd like to clear up." "You're excused, Miss Manning." "Mr. Fettridge." "You're still under oath, Mr. Fettridge." "Take the stand." "You must realize now that grave suspicion attaches to your former wife in the murder of Wilfred Borden." "Therefore, please answer carefully." "I'm always careful, Mr. Mason." "Are you?" "Yes, I imagine it must've been quite a problem, wondering or being absolutely certain that it was Dawn's voice you heard inside the studio." "Not wondering if it was her voice, but if I should say anything." "MASON:" "I see." "You're positive, then?" "FETTRIDGE:" "Yes." "But she denies it?" "She always was a little liar." "I guess she grew up to be a big one." "Now, when Dawn worked at Dennison's Hardware, you would pick her up at work sometimes?" "Yes." "As a matter of fact, you were well-known to the other employees in the store, were you not?" "Yes." "So then it would have been just as easy for you to have taken a .38" "Colt from the store as it would've been for Dawn?" "But I didn't." "May I, Your Honor?" "Yes, Mr. Mason." "Now, Mr. Fettridge," "I ask you to look at those photographs." "They were printed from film found in Mr. Borden's studio camera." "FETTRIDGE:" "Dawn." "That proves she was in there that night." "No, Mr. Fettridge, it proves she was not in there that night." "What?" "Do you recognize that?" "FETTRIDGE:" "Sure." "It's Dawn in the same bikini." "That's right." "I took that one myself on Tuesday morning, the day after the murder." "The day after the automobile accident." "I don't see what that's got to do with any" "If Dawnhadbeen in the studio that night after 9:00 posing for those photographs, where are the bruises?" "Isn't it true that those photographs had been taken days before?" "And that Mr. Borden hadn't developed them?" "And isn't it true that you've lied?" "Lied about the voice inside the studio?" "And isn't it true that in reality you were the one--?" "No!" "No, I didn't kill him." "How could I?" "I was in Loretta's apartment." "Sleeping off a little too much to drink?" "Yes." "In the bedroom?" "Yes." "Beside an open window and a fire escape, with just enough time to slip out, kill Mr. Borden, and return before anyone knew you were gone." "I..." "I... ( slow dramatic theme playing )" "...had it all" "All worked out." "All figured out." "Where'd I go wrong?" "What did I do that wasn't right?" "You committed a murder, Mr. Fettridge." "( dramatic theme playing )" "( solemn theme playing )" "Why did he kill Borden, Mr. Mason?" "Paul found that out." "Borden caught Fettridge stealing." "You see, in Borden's line of work, he dealt in payoffs under the table, in cash." "Was Loretta Harper in on the scheme?" "She was." "Hamilton Burger is drawing up indictments against both of them." "Well, then it was no accident when she picked up Dawn Manning." "Borden had taken those photos of Dawn before." "They were gonna show that she was there that night." "Then when you got in the way, they decided to frame you instead." "And it was no problem to locate your car and put the gun in the glove compartment." "The way I see it," "Dawn Manning got by by the skin of her teeth." "( sighs )" "The way I see it, there's more skin than teeth." "( all chuckle )" "( noirish jazz theme playing )"