"## [theme]" "## [lively jazz] [stammers]" "Oh, you've got that look in your eye again, Dickie." "And the taste of salt water and bilge oil in my mouth." "One tankard of ale, old sport." "Then we'll get on with our business, huh?" "[grumbles] G" "Well, all right, one pint, one peaceful pint, but, mind you, no trouble, Dickie, no scrums, no riots." "Everything nice and civil-like and peaceful, eh?" "[fists continue smacking]" "[police whistle blowing]" "Give your name and address, please." "Richard W. Durham, 890 Stanhope Road, Brentwood." " Brentwood?" " Stanhope Road, my lady-- uh, Your Honor." "An excellent address, Mister, uh..." "Durham." "You are charged with being drunk and disorderly, and assaulting a police officer." " How do you plead?" " Well, Your Honor..." "I wouldn't say I was as sober as a judge, but actually it was only a bit of a scrum amongst friends." " Guilty or not guilty?" " A little of each, I'm afraid." "For being drunk and disorderly, five days or $50." "[clears throat]" "Would you accept a check, Your Honor?" "We prefer cash, Mr. Durham." " I see." " [Judge] Next case." "Oh, the Pollocks are coming down from Palo Alto." " Isn't that nice, Russell?" " Hm?" "I said the Pollocks have accepted... for Paula's coming out party." "Oh, she will be pleased." "It would please me if she'd get down in time for breakfast some morning." " [doorbell rings]" " She was out late last night, dear." "She's out late every night." "She's eighteen now, Russell." "Being eighteen doesn't give her a license to run wild." "Oh, stop sounding like a father." "What is it, Helen?" "A gentleman's in here to see you, Mr. Durham." "Who is it?" "What does he want?" "I really don't know, sir." "Excuse me." "Good morning." "I'm Russell Durham." "Oh, how do you do, sir." "My name is Fothergill," "Harry Fothergill, off the freighter 'Umber Bay out of Sydney, Australia." "Well, I'm sure you didn't come all that way just to see me." "Now, that's where you're just wrong, sir." "You see, the plain and fancy truth of it is, we done just that." " We?" " Yes, me and Dickie." "Dickie." "Yes, you see, there we was one fine day, sitting in a pub in Sydney, and all of a sudden he says to me-- he says, "Lord Harry old sport--"" "That's the way he talks, you know." "Anyway, he says, "Lord Harry, I've a brother in California" "I ain't seen in close to 20 years."" "He's here?" "Are you saying he's back?" "Well, almost anyway." "You see, truth of the matter is that he got into a little bit of a dust-up in a pup down on the docks." "And he's in jail." "Dickie hasn't changed much, has he." "Why did he come back?" "Now, I wouldn't be happy telling secrets out of school, now." "Dickie will give you the old drill when he gets out." "Just when will that be?" "Not till after the ship sails, I'm afraid-- [clears throat] ...unless of course he can pay his fine." "Oh, then he doesn't intend to stay in this country?" "[laughs] Oh, Lord love ya, no, governor, no longer than he has to, no." "Australia, now, there's the place of opportunity." "He can't wait to get back there, you know." "Well, I'd certainly hate to think of him missing his ship for the lack of a few dollars, if you're sure he's not too proud to accept help from his brother." "Too prou" "No, no, of course he ain't, governor." "Thank you very much." "Ah, there is sweet music that softer falls than petals from blown roses on the grass." "Well, what are you selling?" "Dreams, my love, visions of tropical nights and golden days, of incense and ivory and peacock feathers." "I'll bet." "It's more like magazines." "She takes me for a peddler." "Oh, no, darling," "I'm a wandering minstrel with a pack of songs of Gypsy campfires and caravan trails." "You'd better sing them to my mother." "She's the one who reads in this family." "Mother, can you cope with charm this morning?" "There's a man outside" "Well, he was outside." "Start singing, minstrel." "Dickie." "The bad penny himself, or at least what's left of him." "Nineteen years." "Not for you, darling." "I swear you've made time stop dead in its tracks." "Not completely, Dickie." "Paula, this is" " Uncle Dickie." " What a dreadful way of putting it." "That's" " That's for all the Christmas presents." "Good heavens, I have lost track of time." "You've forgotten." "When I was a little girl, every Christmas, there'd always be one special package from Uncle Dickie-- an ivory rickshaw or a Balinese doll, something carved out of coral." "I'll bet you don't remember one present you sent me." " Uh..." " Yes, of course he does, missy." "One year it was a boomerang, wasn't it, Dickie?" "Boomerang?" "Oh, remember it like yesterday." "[clears throat]" "Oh, ladies, may I introduce my old shipmate, Lord Harry Fothergill?" "Mrs. Durham, my niece Paula." "It's a great pleasure, I'm sure, ladies, a great pleasure." "Are you really a lord?" "Oh, cor, love, of course not." "No, that's just Dickie's little joke." "Well, we're very happy to see you anyway." "They'll stay a while, won't they, mother?" "You take the words from my mouth, Colleen, but don't you put yourself out, my dear." "Old Harry and I can doss down in any old spare guest room." "Well, Paula, why don't you show Mister..." "Fothergill." "Mr. Fothergill where to put his things." " All right." " Excuse me." "Russell knows you're back, doesn't he?" "He was rather upset this morning, and he wouldn't say why." "I can imagine it would give the old boy a nasty turn." "Guilty conscience, I expect, for marrying my girl." " At least he did it legally." " Ooh." "You mean our interlude in Tijuana." "I had such good intentions to make old Russell jealous and all that." "Well, he'd been such a clod about you, but then when I discovered the girl he'd been ogling from afar was the most beautiful creature in town, the most wondrous, magical" "I was the stupidest fool in the world." "How I ever could have lost my head over" "Now, now, now, darling," "I left you quick enough when the tears began, didn't I?" "And remember how it brought old Russell running to the rescue?" "Can you honestly say that you haven't been happy these 20 years since?" "I've been blissfully happy." "I have my wonderful daughter, a beautiful home, and a fine husband," "In that order of importance, no doubt?" "And I won't let anything destroy that." "Do you understand me, Dickie?" "You're still the one, darling." "Ten thousand women I've known, and none of them could hold a candle to you." "Golly, I'd better get dressed." "An impatient-type date." "Well, I'll entertain Gil when he arrives." "That coffee needs something to hold it up, gentlemen." "Brandy." "Brandy, gentlemen?" "Dickie, why did you come back?" "For the gathering of the clan, of course, and for Paula's coming out party." "Nonsense." "You didn't even know about it until you got here." "That's true." "Otherwise I'd have brought along proper dress." "But you seem to have a good tailor, old man." "Suppose I drop in on him, huh?" "By all means." "Is there anything else I can do for you?" "Well, yes, there is." "Lord Harry has his heart set on being a pub owner." "and I told him you'd very likely finance it." "You what?" "." "They're only asking 18,000." "It's in Australia, you know, governor." " Of all the incredible nerve." " Why, don't you slope off, old sport?" "Maybe I better give the drill to big brother in private, old family business and all that." "Right you are." "Anything you say, Dickie." "Well, peace to you, sir, and peace to you, too, Dickie, eh?" " But what happened?" " I hit him with a coffee cup." "I wish I had brained him." "He won't be satisfied until he's walked off with the furniture." "Extortion, that's all it is, by my own brother." "But why do you have to give him anything?" "[Russell] Crystal, where is he?" "I went upstairs to wash my hand and then I had to call the office" "I'm afraid Dickie's gone to the Zebra Club with Paula." "I thought she was going out with Gil Simpson tonight." "I'm supposed to tell Gil to join them there." "I'm afraid Gil is going to be hurt," "Crystal, you've got to think of a way to get Dickie out of here immediately." "Me?" "How?" "I was just about to ask you." "I don't care how." "Just get rid of him because if I have to talk to him once more," "I swear I'll kill him." "[Paula] We lived in Bakersfield until I was almost 11." "In that old Durham manse on the wrong side of the tracks?" "Well, it wasn't Stanhope Road." "Daddy was still an accountant." "And then came the first gusher, huh?" "Oh, Gil." "Is that the boy friend?" "I hope I'm not intruding." "Gil, this is my Uncle Dickie." "I thought you wouldn't mind if he joined us tonight." "It seems I'm joining you, if Uncle Dickie doesn't mind." "No, no, make yourself at home, sport." "Thank you so much." "Gil, he's teasing you." "Matter of fact, I wanted to have a talk with all of Paula's boy friends." "About what?" "Well, first thing, what do you do for a living, young man?" "He's an oil man, like daddy." "I told you that." "Oh, yes." "What are your prospects for the future, my boy?" "I think this is hardly the place to discuss that." "Well, if you're going to be dating my niece, like to know your intentions." "Uncle Dickie, Gil's his own boss." "Now, stop it." "Yes, but is he serious, or is this just a business arrangement, a bit of social climbing?" "Listen, Durham, let's get a couple of things straight." "Number one, my outfits that I own happen to be a lot bigger than anything your brother" "Indeed." "Those are pretty fancy words for any fly-by-night speculator." "That's enough, because number two," "Paula's parents fully approved my dating Paula." "Well, you won't object, Mr. Simpson, if Paula's uncle casts a dissenting vote and backs it up." "Anytime you say, any place." "Durham, how would you like it if I punched you in the mouth right now?" "I'd be delighted, sport." " Fire when ready." " Gilbert., Uncle Dickie, stop" "No, everybody." "No, Dickie, this ain't no place for a scrummy." "Just a small difference of opinion between gentlemen, Harry." "No, no, no, no, no, you come along with me, Dickie." "Excuse us, would you?" "Now, come on, Dickie." "Come on." "Listen here to me, Dickie, Durham." "You haul your freight out of here right now, and I ain't going to tell you twice." "[groans]" "Listen here to me," " I'm tired and sick" " Shh." "I'm tired and sick of you making a bloody fool of yourself." "I've a good mind to bash you right in the head." "Oh, Harry, don't be like that." "You're the finest shipmate on the seven seas." "And you're a leaky tub." "Now, I'm pulling you out of this." "You're leaving this town right now, you got me?" "All in good time, your lordship." "We came to get money, and money we're going to get." "You're going to get your ticket punched." "That's what you're going to get." "Hah." "By him?" "Listen here to me, Dickie." "I'm serious." "I heard your brother talking to his missus, and he said is how he'd like to do you in." "Well, everybody wants to bash me." "It's high time I made out my last will and testa" "That's it." "That's just what I'll do-- my last will and testament." "Last will and t-- Listen here to me." "It's not you that I'm worrying about." "It's just that I'm not going to let you go on messing up people's lives." "I hereby bequeath." "That's what we'll do, chummy, first thing in the morning." "Now, let's have a drink on it." "A will?" "All right, Mr. Durham, tell me, have you ever had a will before now?" "Not that I can remember, Counselor." "There was little reason for one, but now I've seen the light and remembering that the days of man are numbered," "I want to provide for those I leave behind." "Uncle Dickie, what is the point of all this?" "When I called Mr. Mason to get an appointment for you" "You think it's only wasting the man's time, I am?" "Tut, tut." "She's displeased with me today." "That's all." "Now, what facts do you need to know, Counselor?" "Well, the usual thing is to start with a list of your heirs, your beneficiaries, and the amount of each bequest." "Well, let's see." "There's Lord Harry here, the best buddy a man ever had." "Look, I want nothing but our pub in Melbourne, and you know it, too." "Ah, but it shall be no ordinary pub." "You shall have golden spigots gushing forth pure nectar." "What do you suppose that would cost, Mr. Mason, a quarter of a million, would you say?" " Put that down" " But-- ...250,000 for Lord Harry Fothergill, gentlemen." "Now, is that messing up anybody's life?" "Is that wasting time?" "I ask you." "All right." "What next?" "Well, let's see-- to my niece, my darling niece, for her to remember me kindly, a little gift of-- could you make ends meet on 50,000, love?" "If I do my own housework." "Please, isn't this sort of ridiculous?" "[Dickie] And there it is, sir." "That's it." "Very well." "It will take Miss Street a few minutes to type this for your signature." "Then, Harry, suppose you take my niece home." "You have errands to attend to, anyway." "I'll be here to discuss any further matters with the Counselor that may be necessary, while I'm waiting to sign." "Uncle Dickie, what about Mr. Mason's fee?" "Fee?" "Oh, the fee." "I forgot." "It's usually a hundred dollars, Mr. Durham." "Of course, and not unreasonable." "Uh..." "[clears throat] ...if you'll be good enough, sport?" "I'll think of it as an advance on my inheritance." "Mr. Durham?" "Mr. Durham." "I say, Durham, where are you" "Oh, there you are." "I've been looking all over for you, I have." "I just had a talk with your missus, and she told me that Dickie had come back to the house, but he's picked up and left again." "Now, where is he?" "Where did he go?" " What happened to him?" " I'm afraid I wasn't there at the time." "My wife had a talk with him." "I don't know what was said." "I wouldn't tell you if I did." "Now, look here." "I don't know what's going on with Dickie." "He gets awful giggly sometimes, he does, but this much I do know, Mr. Durham, that his heart is in the right place, it is." "Harry, I'll make you a bargain." "If you can find Dickie and get him aboard that ship tomorrow morning-- any way you have to-- then you may give him this check for... what was it?" " Eighteen thousand dollars, gov." " Eighteen thousand." "He can use it to buy you a pub or for any other purpose he wishes, but if he attempts to cash it in this country, payment will be stopped." "Is that clearly understood?" "Oh, certainly, certainly." "Now, don't you worry, governor." "I'll see that Dickie don't bother you no more." " Honest, I will." " Do it any way you have to." "Uh, right." "So long." "Dickie." "Dickie, old sport." "There you are." "I've been looking all over for you." "Hey." "Cor, you are a sight, aren't you." "So help me, I thought maybe you was even dead, but here you are, hale and hearty, eh?" "Oh, well, now, what's up, chum?" "Hey, what happened?" "No matter what it is, don't take it too hard." "See, I've got a little surprise for you here, matey, something that's going to perk you right up." "Here, take a glim at that, eh?" "How about that, Dickie?" "That's what's going to put you aboard ship and then it's home and mother, Dickie boy." "Oh, Dickie, think of it" "$18,000, enough to buy our own pub at long last, eh?" " No." " What do you mean, no?" "Maybe I'm not going back to Australia." "Now, you knock that off." "Do you hear me?" "You knock it off." "Listen, he's fixed it so that no bank will take it in this country." "Now, we're on our way tomorrow, or this thing is no good." "You go, Harry." "Maybe I'm going to stay here." "You're going to stay here, eh?" "You just listen here to me, Mr. Dickie Durham." "I've had me heart set on that pub for too long now to see it suddenly vanish like that." "Listen here." "There's the money for the pub, right in front of your eyes, and all you've got to do is endorse this scrap of paper, put your name on it right there, and the pub is ours." "Now, come on." " Oh, pickle your pub." " [grunts]" "No, no, not the police." "It's all right." "It's all right." "I'll handle him." "Never you fear." "I'll handle him." "[Man] Well, he got it this time." "He's dead." "Off and on, we knocked around together for close to 17 years, every port in the Pacific." "Oh, we had good times, Mr. Mason." "We had good times." "You heard him yourself-- the best shipmate he ever had, so why would I kill my best chum, Mr. Mason?" "According to the police, that $18,000 check they took away from you." "Yes, but the check was no good without a signature, and he signed it, didn't he?" "So why would I need to kill him?" "Now, answer me that, Mr. Mason." "The bartender told them that Dickie got angry and walked out on you when you asked him to endorse the check." "Yes, I know, but his signature is on it right now." "You can see it for yourself, Mr. Mason." " When did he endorse it, Harry?" " On the wharf." "You see, after he left the pub, I followed him down the pier a ways." "There he was, sitting all by himself, kind of lonesome like." "Well, he cooled down by then, I suppose, because he says to me," ""Harry, old sport, you're going to get your pub even if it won't have no gold spigots,"" "and then he signed the check, and he asked me to leave him alone and says that he'd see me the next morning." "I didn't forge his name, Mr. Mason." "Is that what they believe?" "Well, I didn't, I tell you." "I witnessed the signing, and so did my secretary Miss Street." "How do they stack up?" "No doubt about it." "Both were written by the same man." "Well, Lieutenant?" "It does seem to knock out the motive." "Mind if I have a look at the will?" ""To my old shipmate, Harry Fothergill, the sum of $250,000."" "Now, there's a pretty good motive, Counselor." "Excellent." "Unfortunately Durham didn't have enough money to pay his lawyer's fee." "Then why did he make out a will like this?" "Oh, his idea of a joke." "Maybe he was trying to impress his niece." "She's in the will for 50,000." "How do you know he didn't have hidden assets?" "He borrowed $18,000 from his brother." "Borrowed or extorted?" "Andy, how does any of this affect my client's immediate release?" "All right, maybe you can have your Lord Harry just as soon as I talk to Durham's brother." "Russell, I think you're getting much too upset." "He was a wandering no-good you hadn't seen for 19 years, wasn't he?" "He was murdered, stabbed." "They've found the knife now in the bay, too." "They're trying to trace it." "There you are-- just a waterfront brawl, but it doesn't reflect on you." "Quite the contrary." "You gave him $18,000." "But why, Frank?" "Suppose the police ask me that?" "Out of the goodness of your heart." "I did it to get rid of him." "No one's going to miss that implication, and you don't pay that kind of money unless there's pressure." "Frank, I told you yesterday what Paula said about Dickie's going to see that lawyer." "Suppose he talked to him about more than just a will." "That was yesterday's worry, not today's." "Now, get this straight, Russell." "I'll tell you the reason you gave Dickie money." "You did it to hang on to your wife." "No, I couldn't do a thing like that to Crystal." "I won't." "You take money from the Rimrock Oil Company, so as far as they're concerned, that's your official explanation." "Well, who do I talk to at Rimrock?" "I'm sick of just dealing through you." "If I telephoned them in Texas..." "There is no room for argument, Russell." "The police are here again, sir." "Mr. Durham will see them now." "Sorry to cause you so much trouble." "Do you gentlemen know Perry Mason?" "Mr. Durham and" "I'm Frank Warden, Lieutenant." "Good morning, Mr. Mason." "May I ask who you are representing?" "Harry Fothergill, Mr. Warden." "And you?" "Oh, I'm not a lawyer, just another oil man." "See you in the morning, Russell." " Don't go, Frank." " This is only going to take a minute." "I'm interested in your brother's financial status, Mr. Durham." "Well, there." "That should give you an idea of it." "Case of whiskey he thoughtfully ordered for me yesterday, socks, shirts he sent his friend to pick up-- all charged to my accounts, you understand." "Everything, all on me." "He had no cash, you mean." "Well, why do you think I gave him the $18,000?" "He was absolutely penniless, I tell you." "But wasn't there property of any sort?" "Of course." "Some old clothes, shoes with holes in them." "I was thinking of inheritance, family holdings." "No." "No, Lieutenant." "There's nothing like that." " Well, Andy?" " Guess you win, Perry." "Thanks, Mr. Durham." "I'll see you later." "Gentlemen." "Do you have know your biggest trouble, Russell?" "You're a compulsive talker." " Hi, Perry." " Paul." "Congratulations, Harry." "Thank you, Mr. Mason." "Now, I ain't going to forget what you done for me." "Of course, I didn't keep my part of the bargain with Mr. Durham, so I can't very well cash his check, but don't you worry, now." "Soon as I get me another berth, I'm going to start paying you off." "Well, maybe we can find a ship for you." "There's no rush, Perry." "Anderson released him in your custody." "He can't leave town." "All right, Paul, what didn't Andy tell me?" "Huh?" "Oh, excuse me." "Search me." "I haven't turned up anything new." "What about Dickie's movements yesterday afternoon?" "Nothing but a lot more shopping." "He managed to nick the R.W. Durham charge accounts to the tune of about a thousand dollars." " Nice guy." " But they sat still for it." " Perry." " Yes, Della?" "This just arrived." "Mailed at 10:00 last night." "What time was Dickie murdered?" "About an hour later." "[reading]" ""Give her the big chunk and him the little." ""Please have the lovely Miss Street type it up." ""I'll be in Brighton early to sign it." "Confusion to our enemies."" "Signed Dickie Durham." "He really had a fixation on wills." "Too bad he didn't live long enough to make out this new one out." "What's the difference, Paul?" "This way Harry wouldn't inherit nearly as much as Paula, but that's still much of nothing and certainly no motive for murder... unless Dickie did have hidden assets." ""Dickie Durham."" ""Richard William Durham," as I remember." " And his brother is "R.W."" " Yes, same initials." "Paul, I want some information in a hurry, on brother Russell's business dealings." "What sort of business dealings?" "Oh, anyone he's ever written a contract with or a lease" " Yes, check on oil leases." " All right, I'll get right on it." "Oh, what shall I do with his lordship?" "I wish I knew, but if what I suspect is true, it'll be taken out of our hands." "Well, Mr. Mason, it was quite a surprise, hearing from you so soon." "Surprise?" "Yes, I suppose it was." "Mr. Warden, is it true that you handled the leasing of some oil property from Russell Durham?" "Well, not for myself." "I did act as agent for the Rimrock Oil Company." "My investigator says that Rimrock Oil is a small, out-of-state outfit that might be a little hard to pin down." "However, the property we're concerned with is in West Texas." "Isn't that right?" "Miss Burney, is Mr. Durham in yet?" "Yes, please." "When you called saying you'd be over, I thought he'd better be here, too." "When did Russell Durham sign that oil lease?" "About eight years ago, I think." "I'll have to look up the exact date." "Eight years is close enough, but Richard Durham had been out of the country for more than twice that long." "What does my brother have to do with it?" "According to my investigation, your brother purchased that parcel of land in Texas some 22 years ago, and no transfer of title was ever made prior to the signing of that oil lease." "Mason, are you saying that land is or was the property of Dickie Durham and not Russell here?" "Would that also surprise you, Mr. Warden?" "It certainly would." "The name on that deed was R.W. Durham, and I negotiated the lease with a man by that name." "Of course, you didn't know that there were two R.W. Durhams?" "Absolutely not." "Rimrock may be small, but they've paid royalties of 162/3 % in good faith to R.W. Durham for the past eight years." "That good faith must amount to a rather large sum, every cent of which belongs and always has belonged to your brother." "I fail to see how that concerns you, Mr. Mason." "My brother has owed me debts all his life that are so much larger than money." "I'm not concerned with the implication of fraud, but I do intend to clear my client of any suspicion of murder." "Well, it's a little late for that, isn't it, Mr. Mason?" "I certainly didn't kill Dickie." "If you'll recall, the will he made out that day in your office" "Russell, you talk too much." " The will you refer to" " Paula told me all about it." "Harry Fothergill gets practically everything." "That's why he murdered my brother." "But did Lord Harry really know that your brother had any property to leave him?" "Did he?" "I think you're in for a surprise, Mason, several surprises, and in court because, for your information, the police just notified me they finally traced the murder weapon." "That knife was purchased in Sydney, Australia, and by Lord Harry, of course." "Now, officer, you say you were in charge of the operation which recovered the body of the deceased Richard Durham from the shallow water near the pier." "Was this the first time you had ever encountered Richard Durham?" "No, sir." "No, I had arrested the same man two nights before in a waterfront bar." "He was fighting with two seamen." "Was the defendant present at the time?" "He was there, but he took no part in the brawl." "You mean that his friend was engaged in fighting two seamen, and he made no attempt to go to his assistance?" "[Officer] None that I saw." " Objection." " Sustained." "Officer, when the body was taken from the harbor, was the cause of death apparent to you?" "Well, there was what looked like to be a knife wound in his back." "In his back." "The assailant apparently wasn't a very brave man, was he?" "Objection, Your Honor." "Sustained." "Officer, I show you this knife, previously identified as having been purchased in Australia, by the defendant." "Were you present when this knife was recovered from the water?" "Yes, I was, sir." "The men from Homicide found it later at the same place I found the body." "[Burger] Cross-examine, Mr. Mason?" "No questions, Mr. Burger." "[Judge] You may stand down, Officer." "I suppose I should have told you sooner, Mr. Mason, but how was I to know which sticker done him in?" "They'll prove you always carry that knife." "But like I told you, Mr. Mason," "I gave it to Dickie same time as he was signing the checks, same place." "He sort of had the shakes like, you know, sitting all alone in the dark." "He says to me, "Hey, let's have your sticker in case I have to fight off some mermaids, you know." "You know how he talked, don't you, Mr. Mason?" "Who do you think he planned to meet there after you left?" "I" "[Burger] I call Mr. Russell Durham to the stand, please." "We were both born in Bakersfield." "My brother was two years younger." "I practically raised him." "He knocked around in the Texas oil fields for a few years, then left home-- and the country-- for good." "After a few years, I heard nothing more from him." "Until he and the defendant moved into your home?" "Yes." "Mr. Durham, in the strictest sense, it isn't entirely your home, is it?" "I suppose you could say it was partially Dickie's." "Will you explain that for us, please?" "One of my sources of income for the past eight years has come from an oil lease." "Technically the property belonged to my brother." "Technically?" "In one of his rare letters in those early days, he enclosed the deed to a parcel of land in West Texas." "Since he had borrowed money from me to leave home," "I assumed the deed was meant to be a form of repayment." "Anyway, years later, when I discovered the Rimrock Oil Company was interested in that land," "I negotiated the lease myself in the name of R.W. Durham-- the name on the deed-- but I was really acting as an involuntary trustee." "In other words, Mr. Durham, not only part of your home but part of your other property and assets actually belonged to the deceased?" "Yes, that's right." "[Burger] Would you mind estimating his estate for us, please?" "In the neighborhood of $200,000." "Thank you, Mr. Durham." "Cross-examine." "Wasn't the value of the decedent's estate much more than $200,000, Mr. Durham?" "I have kept a full and complete accounting of every dollar paid in royalties." "It was available to Dickie at any time." "When he returned after this 19 or 20-year period away, how much in cash was actually turned over to him?" "He asked for and I wrote a check to him, in the amount of $18,000." "Isn't it true that he moved out of your house during the afternoon preceding his murder?" "Yes." "You mean he was leaving with only $18,000 out of an estate of at least $200,000?" " Now, why?" " I really couldn't say, Mr. Mason." "Perhaps my brother was more interested in just causing trouble than he was in getting his money." "When I tried to talk to him about it-- work out some schedule of repayment-- he just laughed at me, made fun of my embarrassment." "Hm." "Well, when Uncle Dickie made out his will that morning, we thought it was a joke." "Lord Harry and I both thought that he didn't have anything to leave." "I think you mean, Miss Durham, that you thought it was a joke." "You can hardly say that you knew what the defendant was thinking." " Well, no, but" " Just answer me this." "Was the defendant mention in that will, and if so, for how much money?" "For a quarter of a million dollars." "Thank you, Miss Durham." "That'll be all." " Mr. Mason?" " Miss Durham, to your knowledge did anything occur that might've caused your uncle to feel that his life was in danger?" "No, I don't think so." "Did you know at that time what caused your uncle's sudden decision to move out of your house the next day?" "No, and he was gone before I had another chance to talk to him." "Thank you, Miss Durham." "That'll be all." "Mr. Simpson, Richard Durham's decision to leave his brother's house seems to be troubling the defense counsel." "Can you throw any light on that, sir?" "[Simpson] Yes, I made it very clear to Mrs. Durham that his influence on Paula was an unhealthy one and it would be better all around if he left for good." "Thank you, Mr. Simpson." "Counselor." "Are we to assume, Mr. Simpson, that it was Mrs. Durham who ordered her brother-in-law out?" "I think it's safe to assume she felt Paula's friendship with me was more important than Durham's feelings." "How she accomplished his ejection, if she did, I couldn't say." "I represented Rimrock Oil in obtaining the lease from R.W. Durham eight years ago." "That was the name on the title, but I had know way of knowing there were two R. W. Durhams." "When I learned this, just a few months ago," "I immediately attempted to negotiate a new lease." "Directly with the decedent?" "At first, yes, but the man had an exaggerated sense of values, so I wrote to the "buddy" he'd mentioned-- Mr. Fothergill-- asking him to use his good offices, unsuccessfully, I'm afraid." "But just how much of the situation did you explain in your letter to the defendant?" "Enough to suggest the amounts of money involved." "In other words, Mr. Warden, the defendant was fully aware that his friend, Dickie Durham, far from being penniless, might actually be worth as much as $200,000?" "Yes, sir." "That'll be all, Mr. Warden." "Thank you very much, sir." " Counselor?" "To you." " One moment, Your Honor." "Very well, Mr. Mason." "Is that true, Harry?" "No." "No, Mr. Mason." "No, uh" " Dickie tore up that letter before I barely laid eyes on it." "I suppose I knew there was some money out to him, but it never occurred to me it might be honest." "You've got to understand, Mr. Mason, every time that Dickie got those happy giggles, it was like as if he wanted to hurt somebody, you know?" "He'd say, "All right, if they want to pay, let them pay, but make them pay double."" "Me, I was kind of" "I'd settle for the pub, you know." "I'd say, "All right, let's head for the pub and be happy."" "Della, get hold of Paul." "I want him to go to Bakersfield right away." "Right." "Please, Mr. Mason." "I ask you now." "If a man's got a friend that ain't no good, what's he going to do," "I mean ditch or stay with him and try and keep him from being so bad?" "I mean, there ain't none of us perfect, now." "Is there, Mr. Mason?" "Mr. Mason, I'm not sure that it's ethical for me to talk to you." "Is the District Attorney going to call you as a witness?" "I don't think so." "He hasn't subpoenaed me." "Then there is no ethical or legal reason why you can't tell me how you persuaded Dickie to leave your house." "I simply told him it was best for all concerned." "But why would he walk out on all that money?" "He never liked involved situations." "I think he was happy to escape." "From what was he escaping when he left 20 years ago?" "I don't know." "He was always footloose." "You were in love with him then, weren't you?" "Mr. Mason, I don't wish to discuss this any further." " Did you stay in love with him?" " No." "No, I didn't." "Oh, before he came back," "I suppose I had some middle-aged memories, but after I saw him again, he was so obviously dishonest." "But Paula was very fond of him, wasn't she?" "She was too young to know." "Oh, she'd remember the Christmas presents he'd sent her, and you know something?" "Dickie never picked out one of them." "It was really Lord Harry who sent them." "I made Harry admit it." "You know, I keep finding that Harry's much more of a person" "Oh, I don't care what he is." "Was it because of Paula that you sent Dickie away?" "Please, Mr. Mason," "I don't want to talk about it." "I don't believe that Harry killed him." "I don't think you do either." "Would you want to see an innocent man convicted?" "I don't want to see an innocent girl convicted by public opinion for something that I did, something that was my fault." "Mrs. Durham, was Dickie Paula's father?" "Yes." "About a month before Dickie left Bakersfield, we were married in Tijuana." "At least we went through a ceremony." "It wasn't recorded right, or something." "At any rate, when Dickie found out, he-- he disappeared." "And just after that you married Russell." "He'd been in love with me for a long time." "Does Russell know?" "Of course he knows, but not anybody else, not until I told Dickie." "After that he-- well, he just went away quietly." "I guess I hoped that for once he was going to do something decent." "Oh, Mr. Mason, does all of this have to become public now?" "I'll try to prevent it." "Thank you very much for trusting me, Mrs. Durham." "If Paula found out, I don't know what she'd do." "She loves Russell so-- as her father" "Do you know whether Dickie spoke to Russell about this?" "Did he perhaps threaten to tell Paula unless he was given what he'd come here for?" "Well, no." "No, I'm sure he didn't." "Are you ready to proceed, Mr. Mason?" "Your Honor, the defense requests the right to withhold cross-examination of this witness until a later time." "[Burger] I suppose that'll be all right, Your Honor." "[Judge] Call you next witness." "[Burger] I call Mr. George Coleman." "All I know is they seem to be in a beef over some money." "The next thing I know, the thin one-- Durham, that is-- was stalking out, and the other guy-- uh, him-- he was lying on the floor." "Right away I said to myself, "Here we go again,"" "and I reach for the phone." "Only then the limey-- uh, him-- says not to call the police." "He'd handle him good." "[Burger] He'd handle him good, eh?" "Now, let's go back for a moment to the time when the decedent Dickie Durham was sitting by himself, drinking." "Did anything unusual occur?" "Well, he tapped me for some paper and an envelope to write a letter." "Do you know to whom the letter was addressed?" "Yeah." "He gave it to me to mail for him." "It was to Mr. Perry Mason." "Do you wish to cross-examine, Counselor?" "No questions." "I call Miss Della Street to the stand." "[Judge] You may step down, Mr. Coleman." "'..." "I'll be in bright and early to sign the new will." "Confusion to our enemies."" "Signed, Dickie Durham." "Thank you for reading the letter, Miss Street." "Now, this part about Paula getting the "big chunk."" "Exactly what does that mean to you?" "That he wanted Paul Durham to receive $250,000." " Instead of the defendant." " Yes." "But somebody conveniently murdered Dickie Durham before he could make such a change in his will, before he could manage to disinherit his erstwhile friend Harry Fothergill." "Isn't that correct, Miss Street?" "Yes, but he still wanted to leave 50,000" "I think we understand the implications here, Miss Street." "You wish to" "You wish to cross-examine, Mr. Mason?" "No questions." "Your Honor, with the court's indulgence," "I would now like to recall Mr. Frank Warden for cross-examination." "[Judge] Very well, Mr. Mason." "You realize of course that you're still under oath?" "I know." "Would you care to correct any of your previous testimony at this time?" "No." "At any rate, let's review part of your testimony." "To wit, "I had no way of knowing there were two R.W. Durhams." "When I learned this, just a few months ago," "I attempted to negotiate a new lease."" " I see nothing wrong with that." " Don't you?" "Isn't it true that eight years ago, prior to accepting Russell Durham's signature on that lease, you made a long and extensive search for Richard Durham?" "Well, no, that's-- that's not" "Mr. Warden, would you please examine these." "They are records of a missing persons agency in Bakersfield." "You will find there a detailed report of the agency's effort to locate a Mr. Richard Durham, also the original letter requesting that, that search be made." "Yes." "I guess I hired these people, but I" "And then rather abruptly called off their search." "But they'd been so unsuccessful." "Didn't you call it off because you managed to find Richard Durham yourself?" "No." "No, I didn't." "It was his brother who heard from him." "It was Russell." "Your Honor, may I interrupt the questionable testimony of this witness to ask these same questions of Mr. Russell Durham?" " Well..." " I'd have no objection to that, Your Honor." "All right, yes, I did hear from Dickie eight years ago." "He was in Spain at the time, and one of my cables caught up with him." "I'd asked if he'd be willing to put a small lease on his land." "And what was your brother's answer, Mr. Durham?" ""Don't bother me with songs from peanut vendors," he said." ""When John D. himself sends a million, I'll sign."" "[Mason] So you then went ahead with the deal yourself." "Yes." "And you signed your own name to those leases, making it look like Richard's signature so that no title search could or would disclose your fraud." "Yes, I" "I had to." "Why did you have to?" "Because I was broke, because I owed money to Frank Warden." "We only thought it was a short-term thing." "Rimrock's a speculative outfit." "We knew Russell was prepared to reimburse Dickie if there was oil and if he ever discovered that" "The fact remains that you prevailed upon Russell Durham to sign a fraudulent lease." "The fact remains that it was your idea and not his." "No, it wasn't my idea." "It" "It came from the head office." "The head office of a company who participates in fraud, of a company whose officers, I find, are all conveniently located in Texas or are out of the country?" "But I tried to negotiate with Dickie." "Just several months ago when he wrote that he" "You mean he contacted you this time, instead of vice versa?" "And once more, I suppose, you told his brother that matters had to be handled in a certain way." "If I hadn't handled it, I would have lost my job." "They were making me the fall guy." "Dickie kept holding out." "He'd found out somehow that Rimrock was in trouble if he pulled away those leases." "So he wanted double value." "Isn't that why he made out a will for more than his estate was actually worth because he figured he'd be paid that much more?" "He wanted half a million." "That's why he wouldn't talk to his brother about the money." "He knew Russell couldn't pay that much, but we couldn't pay it either." "So the only way that Rimrock Oil could make sure of retaining the very lucrative rights to that property was for Richard Durham to die." "No!" "I had nothing to do with death." "I wasn't Rimrock Oil." "I told him so." "Everything had been taken out of my hands" "Taken out of your hands by whom?" "The guy behind Rimrock, the guy who calls all their shots." "You said you'd take care of this thing, Mr. Simpson." "You said I was getting too old." "Okay, it's all yours now." "Let's see you take care of it." "I already did, Mr. Warden." "I already did." "You know, when I dated Gil, he'd never quite say where his holdings were." "Why, daddy didn't even know." "But Dickie knew because Warden finally had to tell him that Gil Simpson was the man to deal with." "Your uncle was putting on all sorts of pressure, I guess, even to his coming up here so they'd know he was talking to a lawyer " "But Gil was just a little bit too tough for Dickie." "When they met on the pier that night to talk settlement," "Dickie made the mistake of threatening Gil with a knife." "They got into a fight, and that was that." "My Uncle Dickie really was a horrible man, wasn't he?" "Well, now, I don't think I'd quite say that, Missy." "I mean, people are a lot of things, you know, and after all he did leave you all his money, didn't he?" "You mean the first will wasn't legal?" "Of course it was, completely valid." "So Harry, as soon as it can be probated, it's you who'll receive the bulk of the estate will go." "But" "Oh, no, you don't." "No, you don't, sir." "Now, Dickie ain't leaving me with no pack of trouble like that." "All I wanted was my pub." "Now, it's your money, Missy." "You take it." "I certainly will not." " Thank you for being so nice but" " And thank you very much, too." "[Mason] Suppose we argue about this later." "Oh, that reminds me, Mr. Mason." "My mother sends her thanks." "I don't know exactly for, though." "I can't imagine, either, but my thanks for her thanks."