"## [theme]" "Therefore, I will expect your full support in the forthcoming shareholders' meeting, and, in return, may anticipate the same kind of support under similar circumstances in any corporation under your control." "Oh, by the way, thank him very much for that bottle of whiskey he sent me last Christmas." "Yours truly, et cetera, et cetera." "Oh, and, Janice, no file copy on this as before, and destroy your notes." "All right, who's next?" "Northern California Realty." "Skip them." "They don't have any votes." "Mr. Theilman, do you want just the ones who have stock" "I want just the ones I tell you!" "Yes, sir." "Uh, Standard Investments." "Ah, yes." "Standard Investments." "Gentlemen" "No, no." "Change that." "Address this one personally to the president of the company, what's his name, and mail it directly to his home." "All right, what's next?" "Mr. Theilman, couldn't I get you a sandwich, please?" "No, thank you." "Let me see that list, see who's next on it." "If you'd just have a cup of coffee, or I could" "Janice, I already told you I'm really not hungry." "[phone rings]" "Don't answer that." " Why?" "Why not?" " [ring]" "Oh." "All right, go ahead." "[ring]" "Mr. Theilman's office." "Oh, yes, Mrs. Theilman." "I'm sorry, but your husband just stepped out for a moment." "Could I have him call you back?" "All right." "All right." "She'll call you." "It's something about meeting her downtown for dinner." "I'm still not in." "Why don't you type those up?" "I have something else I want to do." "But what?" "I mean, well, there's nothing on your calendar" "..urgent, that is..." "And, Mr. Theilman, you've been working so hard." "How about if I bring you in that cup of coffee" " and some cake I have in my lunch?" " [chuckles]" "Janice, you're going to make somebody a wonderful mother some day." "Go on." "Get out of here." "Go on." "[Man] Well, there she is, Miss Hurry Hurry." "And she's blushing." "Fred, if you don't mind, I'm busy just now." "Oh, yeah?" "Doing what?" "What's old Morley T up to these days, anyway?" "What's going on?" " Give, give, give, huh?" " Give me that." "[door opens]" "Janice, Fred." "Your, uh, boss still busy, Janice?" "Yes, he is, Mr. Troy." "But if you're expecting to have lunch with him" "Oh, no, no, never mind." "I've got to get back to Bakersfield, anyway." "Uh, you don't know what exactly he's busy with, do you?" "Oh, just the usual little details, I think." "Oh, yes, yes, of course." "Didn't mean to pry." "Goodbye." "Uh, goodbye, Mr. Troy." "[door closes]" "Ah, there sits our perfect secretary." ""Just the usual little details," she says." "That to a former partner, yet." "What did you find in the boss' wastebasket this morning?" "I beg your pardon?" "I saw you snooping around in there." "I was looking for my fountain pen." "Janice, I want you to go" "What the devil are you doing here?" "Well, I was, uh" "Beat it, Fred." "She has work to do." "Yes, sir." "[door opens, closes]" "You've got to learn how to handle men." "You know what he's like." "Uh, come on back in here." "Yes, sir?" "Oh, Janice, I want you to buy me a suitcase." "A suitcase?" "Oh, Mr. Theilman, what's wrong?" "If you'd just tell me so I could help." "Now, Janice, don't look at me like that." "I'm not going anyplace." "I'm not running away or anything." "I just need a suitcase." "Yes, sir." "A suitcase." "[Della] Come in, Miss Wainwright." "Oh, Mr. Mason, thank you." "Thank you for seeing me." "Here." "Won't you sit down?" "I'm in a terrible rush." "I have a taxi waiting downstairs." "Miss Street tells me that you work for a man named Morley Theilman." "Yes." "I've been with him six years." "And that you're worried about him and that you need a lawyer's advice." "Well, I'd like to know if I can legally open that suitcase." "Well, that might depend on to whom the suitcase belongs." "Oh, it belongs to Mr. Theilman." "And it's locked." "You see, I went out this noon to buy it for him." "Uh, it has two keys, and I kept one of them." "I usually keep extra keys and things." "Mr. Theilman is so absentminded." "Tell me, is Mr. Theilman married?" "Yes, he's been married nearly four years now." "Happily?" "Why, I think so." "But what does that have to do with" "If Mrs. Theilman is young, perhaps she's also jealous." "Are you afraid that if you wore the right lipstick, she might notice you?" "I'm afraid she might get me fired, yes." "But I'm not in love with Mr. Theilman, if that's what you're trying to suggest." "Now will you be equally as frank as to why you wish this suitcase opened?" "I think there's money in it." "Money?" "I think Mr. Theilman's being blackmailed." "Here." "Look at that." "I found that in his wastepaper basket." "He'd torn it up but I put it back together again." ""Failure will be fatal."" "And this is the envelope it came in." "It's properly addressed to Mr. Theilman." "Return address General Delivery." "A.B." " Who's A.B. Vidal?" "I haven't the slightest idea." "Do you want me to call the police?" "Why, no." "That's why I'm here, don't you understand?" "Mr. Theilman obviously got those telephone instructions, and that's when he told me to go out and get the suitcase." "Then he took it into his private office, and when he came out, it was locked and heavy like this." "Then he told me I was to take it down to the Union Depot, to the place where they have lockers-- baggage lockers." "And leave the suitcase there?" "Yes." "In a certain numbered locker or one right next to it, whichever's open." "Then I'm to take the key, put it in an envelope, and mail it to that same person." "A.B. Vidal, General Delivery." "That's right." "Well, if that doesn't sound like blackmail, Mr. Mason." "Uh, Miss Wainwright, do you happen to have any of your own money with you?" "If I'm to represent you, there will be a retainer." "I guess I have a few dollars." "One will be enough." "Della will make you out a receipt." "Now, may I have the key to the suitcase?" "Oh, yes." "Will you swear to me that you haven't yet opened this suitcase?" "I swear." "Oh, my good heavens." "All $20 bills." "There must be over $100,000 there." "Now I'd like both of you to read off the numbers on as many bills during the next five minutes as you can." "Della, get the tape recorder." "I shouldn't stay much longer than that." "Someone may be watching that locker or watching me, don't you think?" "I'm sure of it." "There is going to be someone." "Della's going with you." "I want her to make sure that this suitcase stays closed after I've closed it, also that you leave the suitcase in the right place." "But Mr. Theilman expects me to" "To follow his instructions to the letter." "And that's exactly what you're both going to do." "Sure I know somebody down at the post office." "Mr. Mason asked me to tell you that Della mailed the envelope at a quarter to 4." "That means it won't reach General Delivery downtown till morning." "He thought there might be some way for you to find out when the letter is picked up." "I know." "He wants me to see if I can spot this guy A.B. Vidal." "David, tell Perry that this time I'd like my expense checks signed in advance." " What do you mean?" " He'll get the message." "Tell Judge Evans I'm very interested in this particular meeting of the Bar and I'm certainly looking forward to seeing him." " [phone rings]" " I'll get it." "Mason speaking." "Mr. Mason, Mr. Theilman's disappeared." "Who's disappeared?" "My boss Mr. Theilman." "He's just vanished in thin air." "Oh, but, Mr. Mason, I'm not at the office." "I'm still at home." "You see, the police have been here." "They just left." "Della, get Paul back in here." "What did the police want from you, Janice?" "Well, I guess they came here looking for him." "I told you what his wife thinks of me." "Yes." "She's the one who reported it." "She called them because he didn't return home last night." "Suppose I get in touch with you later today, Janice?" "Yes." "Don't worry, I will." "Perhaps David ought to go over and pick up Janice right now." "We'd better have a little longer talk." "Why is it?" "Every time a beautiful girl walks into this office, my normally intelligent friend" "She wasn't so beautiful, Paul." "That's what intrigued me." "You're worse off than I thought." "What's her story now?" "I'll tell you on the way to Union Station." "Now, understand, Mr. Mason, it wouldn't be right for me to let you touch anything inside a locker." "Not when somebody's still got the key out." "Don't worry, Smitty." "We just want a look." "The stationmaster said it was okay." "Section O." "Yes." "Here it is." "These are 24 hour locks, you know." "But the whole business can be lifted, lock and all, for repairs." "You're sure that envelope that contains the key is still unclaimed?" "Still in the post office." "Hasn't been touched." "See?" "Lifts right out." "Just like this." "Excuse me, Smitty." "Empty." "Surprised?" "Mr. Mason?" "Were you successful, David?" "No, I can't find Janice Wainwright." "I went to her apartment as Della said you asked, but she must have skipped out just before I got there." "And her office said that she told them not to expect her in." "So now they've all disappeared-- man, money, girl." "Oh, brother." "Mrs. Theilman, I'm sorry I can't ethically tell you just who my client is, but I assure you I'm just as anxious as you are to find your husband." "Just what is it you want to know from me, Mr. Mason?" "A little more about how and perhaps why he disappeared." "I told the police." "I think Morley was being blackmailed!" "What gave you that impression?" "Was he in trouble of some sort?" "No, no, nothing I know about, but I saw a note in his jacket pocket." "Well, you see, he was in a hurry and wanted me to empty his pockets and to put his things in a clean suit while he showered." "He drove up to Bakersfield yesterday afternoon, you know, unexpectedly." "What about the note?" "It was made up of words cut out of a newspaper." "I'll never forget them." "It said, "Get money." "Instructions on telephone." "Failure will be fatal."" "The note was just loose in his pocket?" "Well, there was an envelope." "Return address?" "Yes, it was typed-- someone named A.B. Vidal, General Delivery, Los Angeles." "Did your husband have any explanation about this Vidal person?" "Well, I didn't talk to my husband about it." "You didn't talk to him about it?" "Well, don't look so surprised." "I was shocked, of course." "I was frightened." "But I'm not the sort of wife to go demanding explanations." " Not even when" " Mr. Mason," "I know my husband." "He divorced his first wife Carlotta because she wouldn't let him out of her sight." "She wouldn't leave him alone." "And she let herself go till she looked like an absolute barrel." "Well, I've tried not to make any of the same mistakes." "All right." "So you, uh... kissed your husband goodbye, and sent him on his way to Bakersfield." "Yes, about 3:00." "Then he phoned about 8 and said he was having dinner and wouldn't start home till about nine or ten, so I shouldn't wait up." "But of course I did." "Do you know why he went to Bakersfield, Mrs. Theilman?" "To see just one person, so far as I know." "An old partner of his." "Mr. Cole B. Troy." "We did some speculating together, Morley and I." "We started a subdivision between here and Palmdale." "But it didn't do so well, so we closed things down last year." "Is that what he came up to see you about yesterday, Mr. Troy?" "Yes." "That and some little investment things." "I'd been in Los Angeles in the morning, but Morley was all tied up then." "Later he found time, I guess, because he phoned and said "Let's get things cleaned up and out of the way."" "So he drove up here to Bakersfield." "Yes, we met here in the office, then we went to dinner." "That's when he phoned his wife." "Came back here for half an hour or so, and then he left about 9:00." "Maybe this isn't anything, but maybe it is." "I told the police." "They sort of shrugged, but I guess they were curious." "Told them what?" "Well, there just might have been someone either following Morley or waiting to meet him." "You see out there?" "That street at night is deserted, and it's pretty dark." "I don't know why, but I happened to glance out there just after Morley left." "I noticed him walking across from the building." "His car was parked up that side street, out of sight." "Go on." "Well, the only other person on the sidewalk was someone over past the corner." "Nothing much more than a shadow, really." "Then I noticed she must have been waiting because she walked after him, and then she disappeared too." "She?" "Could you recognize her?" "Describe her?" "Well, I couldn't see her face." "But you know how it is." "A pretty young thing walking across the street." "A man's never too old." "Perry, it's Janice, all right." "In Las Vegas?" "I just talked to my operative on the phone again." "Janice is at the railroad station checking on when the City of Los Angeles comes through, headed east." "He figures she's expecting to meet somebody who's on it." "That would be in about two hours." "Guess who she's meeting." "A certain man with a suitcase?" "Say, uh, Morley L. T.?" "Who else?" "And all this "Mail the key to General Delivery" stuff was just so much red herring." "All right." "Anyone using newspaper clippings to put together a blackmail note would hardly have used his own name on the envelope as a return address." "This thing has just been phony since the word go." "Della, call the airport." "We're going to beat that train to Las Vegas." "Did you keep the taxi waiting?" "I promised him a 20." "Is she still here?" "Down the platform." "Oh, Mrs. Theilman." "Here I am." "Janice, dear!" "My, you look so lovely." "You look beautiful." "Well, I guess there has been a little improvement since we last saw each other." "About 40 pounds of it, in fact!" "Oh, darling, you remember my brother." " She sure better." " I certainly do." "Hello, Henry." "[Mason] Hello, Janice." "Oh." "Uh... this is Mrs. Theilman and her brother Mr. Battle." "Miss Street, Mr. Mason." " Hello." " How do you do?" " The first Mrs. Theilman, I take it." " Yes." "I'd like to talk to Mr. Mason alone." "Would it be all right?" "Oh, of course, dear." "We have to see about our rooms anyway." "So why don't we just run along to the Little Casino and you catch up?" "Thank you, Mrs. Theilman." "I have a taxi waiting, if you'd like." " Oh, good." " I'll show you out." "Here." "I probably owe you much more than this." "I, uh, I guess I've caused you a good deal of trouble." "Yes, you have." "I'm sorry." "As a matter of fact, there wasn't any blackmail, there wasn't any blackmailer." "Am I correct?" "I guess so." "Uh, Mr. Theilman hasn't quite told me everything yet, but he did tell me I could take some money from his desk to pay you." "Never mind him." "What's your story?" "Oh, it's not a story." "It's the truth." "When I first came to your office, I actually thought he was being threatened." "But evidently it has to do with this stock thing." "What stock thing?" "Well, that's why I'm here to meet his first wife." "He'll join us later." "He's driving down from the Palmdale subdivision." "That's where he stayed last night." "He asked you to give me a song and dance about his disappearing and then to disappear yourself?" "Oh, no." "I didn't know anything about this until after I talked to you on the telephone." "He called just after you hung up, and he asked me not to tell anybody but to get some cash and spend the day in the beauty parlor if I wanted because I was to drive here in the evening to Las Vegas" "to meet Carlotta, and then I" "Well?" "Do you know those men?" "Well, Tragg." "What are you doing in Nevada?" "Probably the same thing you are, Perry." "I want to ask this young lady some questions concerning the murder of her employer, Mr. Morley L. Theilman." "Mr. Theilman is-- is dead?" "I used the word murdered, I believe." "Oh, no." "But" " But it can't be." "He was alive, he was all right when I" "Janice, I know how you feel." "But please don't say one more word." "You're not on your own bailiwick here, Mr. Mason." "This is the State of Nevada." "Excuse me, Perry." "This is Lieutenant Sophia, Las Vegas Police." "Better come along with us, Miss Wainwright." "Terribly sorry, Perry." "Mrs. Theilman." "Oh, Mr. Mason, I just heard about my husband" " I mean Morley." "Yes, I know." "We've been trying to find you for nearly an hour." "Mrs. Theilman, would you mind telling me what brought you to Las Vegas?" "Do you really want to know?" "I came here to get my husband back." "Why do you think I lost so much weight and bought all these new clothes?" "For weeks, people have writing to me, wanting to buy my stock." "They used all kinds of strange names." "There was obviously some sort of thing going on." "Then someone telephoned me." "I knew he must be representing Morley, and I told him so." "I also told him I wouldn't sell or give proxies or anything unless Morley would agree to meet me and talk it over with me." "I understood there were reasons for being secret about it, and so I suggested we meet here in Las Vegas." "It's where we spent our honeymoon." "[Tragg] Suppose you just save that for us, madam." "Look here, Tragg" "Mr. Mason, you're not even admitted to practice law before a traffic court in Nevada." "Now goodbye." "Oh, my car will take you to the airport." "Uh, terribly sorry." "Theilman was shot." ".38 caliber gun which hasn't been found yet." "Body was in a bedroom." "This building was a display house." "The company used it as an office, but it's been closed for some time now." "And that blackmail note signed A.B. Vidal." "The one Mrs. Theilman saw." " Was it still in his pocket?" " Mm-hmm." "And oh, did you know that his present wife once called herself "Day Dawns"?" "Her legal name was Agnes-- Agnes Baker Vidal." "A.B." "Huh." "But she certainly wouldn't use her own name on those envelope." "No, no, she wouldn't have sent them." "But why would someone else have used the name?" "I have a hunch the police will figure it out." "Look." "See those tire tracks?" "There was a thundershower there during the night." "Now, two cars must have arrived before the rain started." "One of them was Theilman's car, and it's still there." " It's parked around back." " [Mason] And the other car?" "It's the one that left the tracks, but just going away, leaving after the rain and after the time Theilman apparently was killed." "And there's just no argument about whose car that was" " Janice Wainwright's." "Perry talked to her downtown." "Janice insists she's just never been to that subdivision place." "Never." "You want to bet?" "And want to bet she wasn't the shapely shadow that guy saw up in Bakersfield?" "Paul, I want to believe Janice, but obviously you don't know the police just subpoenaed our records." "They what?" "Including the recorded tape with the numbers from the $20 bills in the suitcase, remember?" "But how did Tragg find out about that?" "Oh, no." "You mean Janice spilled?" "Told them everything?" "Suitcase?" "Money?" "Baggage locker?" "The works?" "Oh, Perry, you're not going to stick with a client like that!" "Yes, Paul, I am." "[Burger] Prosecution intends to prove that the deceased, Morley Theilman, for reasons of his own, had amassed nearly $200,000 in cash." "We propose to show that the defendant knew about this, that she actually had in her possession a suitcase containing all that money, and that she used it to dupe her attorney, Mr. Perry Mason, into believing that he was helping her" "protect the interests of her employer when in actual fact she meant to kill Mr. Theilman and to steal the money." "We intend to demonstrate further that this young woman met her employer in Bakersfield, that they then drove together to the scene of the crime, where they spent most of the night." "And by circumstantial evidence which cannot be refuted, we will prove that Janice Wainwright left that rendezvous only after murdering her employer, and that she drove later, the following evening, to Las Vegas in hopes of maintaining the pretense" "that Morley L. Theilman was still alive." "It's impossible, of course, to estimate the exact amount of precipitation that occurred." "It was only a brief shower." "But it was certainly sufficient to moisten the ground for several hours." "And what time did this rainfall occur?" "Oh, about 5:00, according to my estimate." "5 a.m. in the morning." "[Man] Exhibit 10 is the impression of the track in that mud." "Exhibit 11 is an impression which I made at the police laboratory, using the right front tire of the defendant's car." "And, as everyone can see, I'm sure, these are identical?" "Absolutely identical." "Now, did you make a similar check of the tracks of the left front tire?" "Also identical." "Doctor, you have testified that you arrived to examine the body at about 7:30 on the evening following the murder." "That's correct." "And that in your opinion, Mr. Theilman's death occurred between the hours of midnight and 5 a.m. the preceding morning?" "I've said that several times, Mr. Mason." "Yet you also have conceded that rigor mortis is not a constant factor." "That from the evidence of rigor mortis, death could have occurred as late as 10 or 11:00 that morning." "There were other factors, I told you." "Post-mortem lividity, I believe." "That's one I mentioned." "And it was fully developed in the body you saw?" "Yes." "But isn't there some question as to the longevity of such lividity?" "It varies in many cases." "However, in this case" "There were still other factors." "Yes." "Tell me, Doctor, was one of those factors the evidence of the tire tracks?" "I beg your pardon?" "You were there when the police discovered them." "Can you honestly say that your opinion wasn't influenced by that evidence?" "By knowledge of the time of rainfall?" "Most certainly not!" "I stated my expert opinion that death occurred between the hours of midnight and" "Doctor" "Doctor, did you write an article for the October issue of the Journal of Forensic Medicine?" "I have written several articles." "Oh, Doctor." "You've written many articles." "But in this particular article... did you say that "When the medical examiner is unable to view a body" ""until six or eight hours after death, then determination of exact times is well-nigh impossible?"" "Did you say "Many a so-called expert has been trapped into errors of as much as 24 hours by unusual conditions of one thing"" "I was talking about exact times, Mr. Mason." "Did you write that article?" "Yes." "Well, Mr. Burger, I'm only the assistant company bookkeeper, really." "Yes, but you heard the testimony of the banker that during recent weeks Mr. Theilman had been making substantial withdrawals from his private accounts." "He asked for this money in cash." "Specifically, he asked for it in $20 bills." "I found he took out everything he could in $20 bills." "Why didn't anyone from the company realize what he was doing at the time?" "That was a separate fund, set up for his private use." "We didn't handle the books on it." "Who did handle the books?" "Who would have known about those withdrawals except Mr. Theilman himself?" "His secretary" " Janice Wainwright." "His secretary?" "His personal secretary?" "She sure was." "What do you mean by that?" "Well, I mean she did everything for him." "She followed him around like a slave or something." "She went out with him at night." "Everyone in the office has seen him kiss her." "Objection, Your Honor!" "Sustained." "That's hearsay." "Strike that last answer from the record." "Mr. Carlyle, did you ever see Mr. Theilman kissing his secretary?" "Yes, sir." "Several times." "Yes, Mr. Burger, I knew perfectly well that Janice Wainwright was in love with my husband." "Objection!" "Sustained." "I believe that's enough on that subject." "Now, Mrs. Theilman, you testified previously that you once danced professionally under the name of Day Dawns, but that your true maiden name is Agnes Vidal." "Returning to the subject of this blackmail letter," "I ask you to tell us, please, how you felt when you saw the name A.B. Vidal used as a return address on this envelope." "Well, it's obvious." "I felt that some blackmailer was using my name to impress my husband that he knew all about me." "I think that'll be all, Mrs. Theilman." "Thank you." "Your witness." "What was there in your past that would have made the use of your maiden name have connotations of blackmail?" "Now just a minute." "You opened the door, Mr. Burger." "Answer the question, please." "What was it, Mrs. Theilman?" "Nothing." "Absolutely nothing." "I testified that I saw Mr. Theilman cross the street and enter the side street and then I lost sight of him." "Exactly." "You also told the prosecutor that you were watching the shadowy young woman as she followed Mr. Theilman." "That's right." "She was about 20 feet behind him." "Then which one were you really watching?" "Well, both of them." "Your eyes were focused on two moving objects 20 feet apart?" "No, of course not." "Then where were they focused?" "I guess sort of between Theilman and the girl." "In other words, while a good-looking young woman with a figure you have described as distinctive and shapely was crossing the street, you kept your eyes 10 feet ahead of her?" "[laughter]" "I didn't mean that." "I looked back and forth at both of them." "Naturally." "I must have." "Can you describe the way this young woman walked?" "I've already done so." "It was graceful." "Yet you took your eyes off this graceful, swaying young woman, not once but many times, to look at Morley L. Theilman?" "No, of course not." "I looked mostly at the woman." "I said that before without thinking." "You answered a question without thinking while under oath?" "Well, I" "Tell me, were you thinking when you suggested that the woman joined Mr. Theilman when you've just now admitted she only followed him?" "That's what I meant to say." "Were you thinking when you told the prosecutor that in your opinion Janice Wainwright's figure is identical with that of the young woman you saw?" "I merely said" "Couldn't the figure you saw just as likely have been that of Miss Street?" "Or that young lady there?" "Or that one?" "I expected to meet my former husband in Las Vegas, yes." "And you were surprised to see his secretary there?" "Well, when I saw her alone." "Had you been told that she'd be there?" "Well, you see, I" "Answer my question, please." "Had Morley Theilman in any way-- through a message, through his lawyer, in any manner whatever-- even faintly indicated that his secretary would accompany him on this stock-buying rendezvous?" "No." "Thank you, Mrs. Theilman." "That'll be all." "Then Miss Della Street-- her, over there-- she said, "Stick around at the railroad station." They'd be needing me." "I says okay, so later on she slipped me a bill for waiting several places." " She gave you a bill?" " Yes, sir." "What kind of a bill?" "20." "Mr. Roberts, I show you now this $20 bill, serial number LA4961136B." "I ask you if you have ever seen it before." "Yeah, it's got my initials right there in the corner." "Very well." "I now ask you to compare this serial number with a number on one of these lists just received in evidence and confirm for us that this $20 bill given you by Miss Della Street was one of those from Mr. Theilman's suitcase." "I said she gave it to me!" "Miss Street!" "But you admit you had many other fares that night." "She gave it to me!" "You admit you had a pocket full of bills." "It was her!" "You admit the police told you of the significance of the bill before asking where it came from!" "Now how can you possibly swear" "Because I can swear, and I just did, and that's it!" "Yes, that's the blackmail message first seen by Mrs. Theilman in her husband's pocket, and, um, then later found on his body." "Would you tell us what you had done to this message at police headquarters, Lieutenant?" "I had experiments made in duplicating the message." "I bought the Los Angeles Chronicle and a Los Angeles Bulletin under the date preceding the murder." "I found it was possible to duplicate that identical message with words from the headlines of the two papers." "I have it with me right here." "Well, you see, uh, my newsstand is downstairs in the same building." "And, uh, I" " I know Miss Wainwright." "She came downstairs that day to buy a copy of the Chronicle and the Bulletin." "How do you happen to remember this so clearly?" "Well, because about-- it was about a half hour later, she came back down again and bought another copy of the Chronicle and the Bulletin." "Really?" "But you've done so well." "You got them to laugh at Mr. Troy and his shapely shadow, and you even got the doctor to admit he might be wrong as to the time Mr. Theilman died." "Janice, I've just been throwing sand in their eyes." "But now their case is finished, and look at all the facts they're going to be able to assemble." "You knew about the money." "You prepared those blackmail notes yourself." "Oh, no." "I went down to get those newspapers because Mr. Theilman asked me to." "We were always cutting out real estate ads." "I know." "You were always acting under his instructions, even after the time they figured he'd been killed." "Mr. Mason, listen." "He called me just after I talked to you that morning, and he asked me to stay out of sight, to spend the day in the beauty parlor if I liked." "That certainly sounds like an employer." "Well, I asked him if I could, and he said it would be all right if I wanted to." "Where was your car at that time?" "I told you." "Down in the parking lot." "The beauty parlor's right next door to my apartment building." "In the daytime, your car could have been taken without your knowledge." "But that night, at the time it rained, the parking lot was locked up." "Your car could only have been taken by you." "Now, these tracks here in this photograph were made by your car." "On top of which, they've now linked the money from my office back to you and then to Las Vegas." "But that isn't the way it happened." "Mr. Mason, everything they have against me is just circumstantial." "Of course." "Everything that's happened can be explained by a dead man." "And by you." "Janice, you're simply going to have to tell them what you know." "You mean on the stand?" "You've got to testify in your own behalf." "There's just no other choice." "But I'd be terrified." "All those questions coming at me." "I'd get all mixed up." "I can't, Mr. Mason." "I just can't do it." "They'd never believe me." "If the Court please, a matter of some importance has occurred to me since last night's adjournment." "I would like to recall one of the prosecution's witnesses for further cross-examination." " Oh?" "Which witness?" " Mrs. Carlotta Theilman." "What question do you wish to ask the ex-Mrs." "Theilman?" "Whether she paid a taxi driver in Las Vegas with a $20 bill." "Oh, if I could just remember." "I mean, yes, I did use that same taxi driver-- that Mr. Roberts over there-- but so many things happened that night that" "I mean, I just hate to swear to anything that" "Perhaps it would help if you could tell me this." "Have you ever had dealings with someone calling himself A.B. Vidal?" "Oh, yes." "That's the name the man used who phoned me the day before I went to Las Vegas." "Did you recognize his voice?" "No, but I heard someone in the background giving him instructions, and I was pretty sure that was my husband" " I mean Morley." "This man who called, what did he say to you?" "It was another invitation for me to sell my stock." "Well, I told him in no uncertain terms that if the man behind him wanted to meet me in Las Vegas, that's the only way I'd consider it." "So then Morley agreed." "What about money?" "Were you expected to pay your own way to meet him?" "Oh, no." "I received an envelope by messenger, and it had a couple of hundred dollars in it." "Were there any $20 bills included in that money?" "It was all $20 bills." "Thank you, Mrs. Theilman." "Thank you." "You may step down, Mrs. Theilman." "Mrs. Theilman, you never told me that you spoke to anybody in this case named Vidal." "You never asked me." "Mr. Burger, does the return of that witness in any way change your plans?" "Do you still wish to rest your case?" "Yes, Your Honor." "Yes, if we have any additional evidence to introduce, we can always do so by way of rebuttal." "Very well." "Now is the defense ready to start its case?" "We have no evidence on the part of the defense, Your Honor." "The defense rests." "Let's proceed with the argument." "What?" "All right, Mr. District Attorney, you may open the argument." "Well, Your Honor, I hardly expected" "Yeah, so I gather." "But since the defense is not introducing any evidence, now there can't be any additional evidence from you in rebuttal." "Yes, I'm aware of that, Your Honor." "It's just that to present a full day's argument without" "Excuse me, Your Honor." "What happened?" "What did Mr. Mason do?" "He's gambling, Janice." "I don't have to go on the stand, then?" "No." "You won't have to go on the stand." "Your Honor." "The prosecution will waive its opening argument." "Very well." "Mr. Mason, you may proceed for the defense." "Now, the court will instruct you that in a case depending upon circumstantial evidence, if there is any reasonable hypotheses other than that of guilt upon which the evidence can be explained, it is your duty to acquit the defendant." "Therefore, in review:" "Morley Theilman was engaged in a fight to retain control of one of his companies." "His only hope was to obtain stock held by his former wife." "For reasons of secrecy, he wished to make it a cash deal, and he tried to approach her through proxies." "He had a representative use the name A.B. Vidal." "Why?" "Because stock transferred to that name would be in the name of his present, legal wife and therefore under his joint ownership and control." "Now, we know Mr. Theilman assembled the necessary cash, but he was afraid his moves had been discovered, so he put together a couple of blackmail notes and made sure they were seen." "This would explain and cover what he was really up to." "Mr. Theilman then went through the pretense of having the money delivered to a luggage locker from which he, of course, removed it himself." "When Carlotta Theilman insisted that he come to Las Vegas personally, he was still prepared for the meeting." "He sent her money for the trip, and one of those $20 bills ended up in the hands of a taxi driver." "All that is quite obvious." "Now, let's consider the murder itself." "The murder took place in a deserted subdivision office an office in which the prosecution has tried to suggest the defendant and the decedent had an amorous interlude, after which she killed him and left, following a thundershower." "Now, the only evidence to support the fact that she supposedly was there is that her automobile left tracks in the soft ground while driving away." "However, let's re-examine this photograph of the house." "Now, suppose Mr. Theilman did spend the night there, but alone." "Evidence shows that after talking to him on the telephone the following morning," "Janice Wainwright went to a beauty parlor, where off and on she spent nearly the whole day." "It was only necessary for someone to have taken her car during that time, drive out to the real estate office where by then Theilman no doubt lay dead, and return the car." "In order to frame the case against the defendant by confusing the time of death, the murderer had only to see that the ground at the real estate office was in some way softened." "Now, the prosecution has assumed that the ground could only have been softened by rain." "But look more closely." "This is an enlargement of a section of that photograph of the house." "You'll notice the hose, the hose attached to a water faucet in front of the house." "A brand-new hose, ladies and gentlemen, left at a house which hadn't been used for over a year." "All the murderer needed to do was to drive the defendant's car up there, drive it into the dirt which by now must have had time to dry up after the rain, wet down that soil with water from the hose," "and then drive away, leaving the tire tracks we have discussed here." "Thus, every bit of circumstantial evidence in this case can be accounted for." "And that, ladies and gentlemen, is a reasonable hypothesis." "We ask and expect a verdict of acquittal at your hands." "All right, Mr. Burger, you may proceed for the prosecution." "Very well, Your Honor." "Ladies and gentlemen of the jury," "Mr. Mason has indeed surpassed himself." "He has created for you a story which is pure poppycock!" "Absolute and complete nonsense." "The defendant in this case is a shrewd, scheming woman." "She seduced her employer, she stole from him, and finally she murdered him." "And as for Mr. Mason's ridiculous theory about a hose-- this is an abandoned real estate office we're talking about." "The water's been shut off for over a year." "How could anyone possibly" "Your Honor, the District Attorney is stating facts not in evidence." "Since he lost the opportunity to get these matters in legitimately, in rebuttal, he is now trying to do it through prejudicial misconduct." "I ask the court to declare a mistrial." "A mistrial?" "How can you" "Mr. Burger, Mr. Mason's point is well taken." "I doubt that the effects of your remarks can be removed by mere admonition of the jury." "Yes, but-- [paper rustles]" "But, Your Honor" " P-Please, Your Honor, within one hour, I can have water company records here in this court." "No, I'm sorry, Mr. Burger, but your behavior" "I can have a witness from the water company here in court." "Your Honor defense is willing to withdraw its motion for a mistrial." "I beg your pardon?" "You're what, Mr. Mason?" "Now, it would seem to me in the best interests of your client" "Your Honor, defense is very interested in hearing such a witness." "Yes, that's right, sir." "The water was shut off one year ago." "But wasn't it turned on again?" "Uh, yes." "Yes, it was." "The morning of the 17th." "The day of the murder." "I guess that's right." "Do your records show who requested that it be turned on?" "Oh, yes." "It's here." "It was billed to Mr. Cole B. Troy of Bakersfield." "I..." "I did it." "I killed him." "I can't thank you enough, Mr. Mason." "Mr. Troy must have been cheating your boss for a long time, Janice." "That's right." "Troy just about managed to steal the whole company without Theilman realizing who was doing it." "Then Theilman made the awful mistake of confiding in Troy." "Early next morning, Troy followed Theilman out to the subdivision to settle things." "There was a lot of money involved." "They got into a fight, and Troy killed him." "And Mr. Troy just made up the story about the woman who followed Mr. Theilman." "That's right, Janice." "There never was a shapely shadow." "Well, I wouldn't say there isn't one." "Janice, one thing I couldn't figure is why you spent that time in the beauty parlor." "It seemed kind of suspicious." "Paul, you just don't understand women." "Oh." "Well, I think it's about time I figured out." "Janice, suppose you and I go to dinner." "I know a lovely little restaurant down at the beach." "And after that" "Excuse me, folks." "I was" "Oh." "Hi, Janice." "You ready to go?" "Yes, Henry." "I'm ready to go." "Would you excuse us?" "Goodbye, Mr. Mason." "And thanks again." "Bye, folks." "And that...explains that." "Subtitled By J.R. Media Services, Inc." "Burbank, CA"