02x23 - The Case of the Howling Dog

Episode transcripts for the TV show "Perry Mason". Aired: September 21, 1957, to May 22, 1966.*
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Defense attorney Perry Mason defends dozens of falsely accused people during courtroom drama, and he manages to clear all of them, usually by drawing out the real criminal on the witness stand.
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02x23 - The Case of the Howling Dog

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( noirish jazz theme playing )

( mysterious theme playing )

( thunder crashes )

Mrs. Forbes--

( thunder rumbles )

( thumps )

( thunder crashes )

Good night, nurse.

Good night.

( dramatic theme playing )

MAN:
Your sister
has never been restless

or unhappy, Mr. Cartright.

I can't understand why
she'd want to run away.

Did she have any money,
Dr. Bayliss?

The money you gave her
on your visits.

I didn't want to do anything
before consulting you,

but now we can call the police.

Call the police?

My sister isn't homicidal,
is she, doctor?

Well, I-- I didn't mean
to imply that,

but Mrs. Forbes did suffer
a severe nervous breakdown

after her divorce.

You told me she had
practically recovered.

Well, I did think so, but--

Then we don't need
the police.

I'll handle it myself.

If you'll assume all
responsibilities.

I always have,
haven't I, doctor?

Very well.
Goodbye, sir.

Goodbye.

( door opens, shuts )

Miss Finnigan?

FINNIGAN ( on intercom ):
Yes, Mr. Cartright?

We used a detective agency
in Los Angeles last year.

The Drake Detective Agency?

Yeah, that's right.

Will you get Mr. Drake
for me, please?

( clicks )

( dramatic theme playing )

There it is, Andrews.

That's the place
you're going to watch.

And here is a picture
of my client's sister,

Mrs. Evelyn Forbes.

She's the woman
you're looking for.

What's she going
there for, Paul?

That is where
her former husband lives.

( dog barking )

Will you wait for me,
please?

( dog barking )

Oh. Oh.

Oh, Sammy. Oh!

Oh, you.

What are you doing here,
Evelyn?

Hello, Clinton.

The last I heard,
you were in New York.

In an institution.

What do you want?

You stole $ , from me
and I want it back.

I don't want to depend
on my brother's generosity.

Clinton...

You are insane,
aren't you, Evelyn?

I just want
my money back.

Drop it!

Ha-ha.

How stupid of you, Evelyn.

Who were you going
to use this on:

me or on yourself?

Why don't you consider
overdose of sleeping tablets?

They tell me they're painless.

( dog barking )

( engine starts )

( car departing )

That's right, Paul.

I'm in the lobby
of the Thursby Hotel.

She's registered here.

Just went upstairs.
Room -D.

Just a second, Andrews.

That's where your sister is,
Mr. Cartright.

Do you want my man
to stay with her?

Uh, no.
It'll be all right now.

Okay, Andrews.
Come on in.

We paid a month's rent
on that furnished house

Andrews used
for observation.

Good.
Uh, may I have the keys?

Sure.

By the way, the Thursby Hotel
is on Pacific and th.

Thanks.

Will you listen to me,
Evelyn? Come home.

Where is home, Arthur,

the Bayliss Sanitarium?

My home.

It's yours too, you know.

No, Arthur.

I got my share
of Dad's estate.

If I married someone who got
most of it away from me,

that's my bad luck.

Boy, I didn't do either one
of us a favor

when I married
Clinton Forbes, did I?

He stole my money,
divorced me,

and then took your wife,
Polly, away from you.

That's over and done with.

You're still in love
with Polly, aren't you?

You don't really mind
coming out here after me.

It gives you a chance
to see her again.

You're right.

( dramatic theme playing )

( sighs )

Oh, hello.

Have a good game?

You can leave the glasses off,
Miss Brent.

I know all about them.

Polly, what's gotten into you?

The whole thing's pretty
transparent, isn't it, Clint?

She needs those glasses
just about as much as I do.

She's trying to look
like your secretary

instead of your...sweetheart.

Polly, I think
the heat's affected you.

Maybe she can use
those glasses,

to see you
for what you really are.

I wish I had eight months ago,

before I married you
and bought this house,

loaned you most of my money.

( chuckles )

She doesn't know anything.
She's just guessing.

We've got to be careful.

( man whistling )

( dog barking )

It's your football player.

Make some excuse for tonight.

Oh.

That's not smart, Clinton.

Bill Johnson's part
of the background now.

He's useful.

( chuckles )

Hi, honey.

Did you hear from the ers yet?

Nah, but that doesn't
mean a thing.

Those pro football managers like
to keep a guy dangling.

Oh, Bill, please.

What's the matter?

This is not the place.

All right, I'll find
the right place tonight.

All right.

( dog howling )

( mysterious theme playing )

( howling )

( dog howling )

You must excuse my rambling on
like this, Mr. Mason,

but, uh, I've, uh, had a lot
of trouble sleeping

the last two nights.

I've been kept awake

by a dog howling
in the neighborhood.

That can be quite irritating.

Now, Mr. Cartright,
you said you, uh,

wanted some help with a will.

Yes.

Suppose a man dies
in the electric chair,

or the gas chamber.

You mean, if he's ex*cuted
for a capital crime?
Yes.

Is his will still valid?

Mm.

His will isn't affected.

Do you have something in mind,
Mr. Cartright?

I was just curious.

How'd you happen
to come to me?

Uh, you were recommended
by a private detective, uh,

Paul Drake.

Uh, actually, it's
a very simple will, Mr. Mason.

I want my property--
All of it.

Real and personal.
--to go to Mrs. Polly Forbes.

Who's she?

She happens
to be my former wife.

She divorced me.

And you still want to leave
her your entire estate?

I'm still in love with Polly,
Mr. Mason.

If she's happy
with Clinton Forbes,

her present husband,
that's one thing,

but if she isn't,
I want her back.

Do you think she's unhappy?

It's just a matter
of time.

Forbes is a phony.

He only marries women
for their money.

He took $ ,
from my sister

before he divorced her.

It was a real mess.

My sister Evelyn and Forbes

came to spend the Christmas
holidays with us.

When Forbes left,
he took my wife with him

and left my sister
with a nervous breakdown.

There are no other provisions
for your will?

None, Mr. Mason.

All right,
Mr. Cartright.

Thank you.

And don't worry, Mr. Mason.

I'm not planning
a capital crime.

Not yet, anyway.

( dramatic theme playing )

( doorbell rings )

Good morning, Della.

Good morning, Perry.

Anything interesting?

Fascinating.

Special delivery
from Arthur Cartright.

Includes a will
among other things.

( sighs )

Ten of them. It's $ , .

Note's inside.

"Dear Mr. Mason,
I'm enclosing this money

"in the hope you will accept it
as a retainer.

"I want you to represent
the beneficiary

"named in this will
and fight for her interests

"all the way through.

"I think I know now
why the dog howled.

Sincerely yours,
Arthur Cartright."

Leaves all his property
to his sister,

E. Evelyn Cartright.

Appointed me executor
to represent her

in every form
of legal matter,

which may arise
incident to the will,

growing out of the will,
growing out of his death,

or in any manner connected
with her domestic relationship.

Covers quite a bit of territory,
doesn't it?

That's quite a--
Change of heart?

Yeah.

Yesterday he wanted
to leave all his money

to his former wife,
Polly Forbes.

Della, see if you can get
Mr. Cartright on the phone.

Yeah, I have it.

( knocking on door )

Hi, Paul.

Good morning, Perry.

Paul,
didn't you tell me yesterday

that you were
no longer working

for Arthur Cartright?

Mm-hm.
That's right.

Then there's no conflict
of interest

if you work for me?

Nope, none at all.

No answer at Mill Pass.

Mill Pass?

That's across
from Forbes' house.

My operative, Andrews,
spent some time there.

Do you have Mr. Forbes' number?

Sure.

Della, see if you can get
Mr. Forbes on the phone.

Yes, Mr. Mason?

I'm calling you about
a howling dog, Mr. Forbes.

A howling dog?
What are you talking about?

Don't you have a dog
that's been howling all night?

Of course not.
Now, look, Mason--

My client in this matter
is Arthur Cartright.

Oh?

Mr. Mason, in life a man makes
a certain number of enemies.

Well, perhaps this evening,
after dinner?

Your home, : ?

Fine.
I'll see you then.

( suspenseful theme playing )

( rings )

Mr. Forbes?

Mr. Forbes?

MASON ( reading ):

MAN ( over radio ):
Seven-five-two, KMA- ,

KMA- calling.

Yes, Paul?

I thought
you might want to know:

I've had Andrews
on observation.

Since when?

Seven o'clock this evening.
He's waiting at the house

I rented for Cartright
right now.

Fine, Paul.
( car approaches )

( parking brake clicks )

Can I help you, ma'am?

I'm Thelma Brent,
Mr. Forbes' secretary.

What's going on?

Have you been away
all evening?

I've been to the theater.

Alone?

Yes, alone.
What is it? What's wrong?

You'd better ask
for Lieutenant Tragg.

He's inside.

MAN ( over radio ):
Ward Row Road.

A - - .

Well, there was, uh, no action
till about : .

Then a woman came out
of the house.

Same woman who just drove in.

Thelma Brent,
Forbes' secretary.

She, uh, got in that Sunbeam
convertible and drove off.

Go on.

Well, at seven minutes after ,
a taxicab pulls up

and another woman gets out.

Did you recognize her?

I, uh, couldn't swear to it,
Mr. Mason...

but I'm almost sure
that it was Mrs. Forbes,

Cartright's sister.

Did you get the cab's
license number?

No, I couldn't,
but, uh, I got the cab number

painted on the side
of the cab:

-D, a blue-checker cab.

Did the woman go into the house?
Yes.

How long was she in there?

Oh, five minutes, uh,
six at the most.

Did the cab wait for her?

No, the, uh--
The cab pulled away,

and when she came out,
she was nervous.

She walked up and down,
up and down,

and she was about ready
to start off

when the cab came back
and she left in it.

All right, go on.

ANDREWS:
Uh... Oh.

A couple of minutes later,

a man came out of the front door
and went down the road.

A man?
A young ma-- Young fellow.

He's tall, husky, uh,
had a varsity sweater on.

I've seen him
around here before.

You were on here every minute?

That's right.

Didn't you report to Drake?

Well, I-- I called in.

The phone's downstairs.

How long were you gone?

Ten minutes, at the most.

But long enough for someone

to enter and leave that house
without your knowing.

Well, it could be.

Andrews, did you hear
that police dog howling tonight?

No, sir.

I want to find out where
that blue-checker cab

dropped the woman
you think is Evelyn Forbes.

Well, that shouldn't be
too tough, Perry.

Come on, Andrews.
We'd better get going.

I'll be at the office, Paul.
Right.

( mysterious theme playing )

PAUL:
This is the fastest service
you ever got.

The cabbie's name
is Joseph D'Amato.

He lives at East th.

He dropped Evelyn Forbes
at the Thursby Hotel.

How'd the cab driver
identify Miss Forbes?

Well, he didn't
remember her too well.

Five-feet-four or five,
brunette, he thinks,

wearing a gray outfit,
nice figure.

And she left a handkerchief
in his cab.

He figures on turning it
in to the lost and found

in the morning.

Paul, I want to hire
an operative

for a special job.

Brunette, about ' ".

I want her to wear
a gray outfit.

She's got to be able
to keep confidence.

Think you can find
such a woman?

I've been looking
for one like that for years.

This job has
to be done tonight.

And we have to find
Arthur Cartright.

You're, uh, starting to walk
that legal tightrope again.

When a client's interests
are in jeopardy,

I'll do whatever necessary.

MASON:
Miss Storm, thank you very much
for wearing the gray outfit.

I'm only following
Mr. Drake's instructions.

Well, where do we go
from here?

I'd like you to go
to this address.

Ask for a cab driver
by the name of Joseph D'Amato.

Tell him you left
a handkerchief in his cab

when he drove you
from Mill Pass Drive

to the Thursby Hotel.

It must be a very valuable
handkerchief.

It is.

Don't let him get
a clear look at your face,

keep your voice low,

and if he asks your name,
just make one up.

Mr. Mason,
I'm sure you wouldn't ask me

to do anything that would, uh,
make me lose my license?

You won't be doing
anything illegal.

What else will there be?

You may have to appear
in court.

To testify?

Perhaps, but if you do,

you'll only have
to tell the truth.

Well, Miss Storm?

I never heard it said that
you'd lie to a girl, Mr. Mason.

I'll do your job.

Good.
Thank you.

( suspenseful theme playing )

( buzzing )

Good evening, Mrs. Forbes.

My name is Mason.
I'm an attorney.

May I come in?

Yes.

What do you want, Mr. Mason?

Your former husband,
Clinton Forbes,

was m*rder*d tonight.

Oh, no.

Didn't you know?

Of course not.

How would I know?

You were there.

Was Mr. Forbes alive
when you got there?

No. He was dead.

Mr. Mason,
why have you come to me?

I accepted a retainer from
your brother in your behalf.

If you don't want me
to represent you,

why, just tell me now
and I'll leave.

But I don't know.

What are you
to represent me for?

m*rder.

( dramatic theme playing )

No.

But-- How could they think
I k*lled Clinton?

You can be placed on the scene

at approximately
the time of the m*rder.

The decedent was a man
who abandoned you,

who stole $ , from you.

Didn't he?

Yes.

You were in the house
five or six minutes.

Now, what did you do there?

Open the wall safe,
looking for your money?

No.

Did you touch things,
leave fingerprints?

I don't know.

Maybe I did.

Do you own a g*n?

Yes, I had a g*n,

a . ,

but Clinton took it
away from me!

Did you see the g*n lying
on the floor near the body?

Was it yours?

I don't know.

I didn't k*ll him,
Mr. Mason.

Do you know you left
your handkerchief

in a taxicab
earlier this evening?

Oh, no.

Oh, where's my brother?

That's a question
I was going to ask you.

He called last night.
He said he was going away.

But...

All right, Mrs. Forbes.

We have time to do some things
before the police arrive.

Come in, lieutenant.

Oh.
Good morning, Perry.

Well, good morning,
lieutenant.

You sounded so urgent
over the phone,

I decided to come myself.

What was it you mentioned,
a handkerchief?

Mm, yes.

Very pretty. Hm.
Initials and everything.

It was left in a cab.
A blue-checker cab, number -D.

Took a woman
to Clinton Forbes' house

at exactly : last night.

Where'd you get this?

It, uh, came into my possession
this morning.

I called you immediately.

Well, that was very civic-minded
of you, Perry.

Thanks. Now, there's, uh,
something you can do for me.

Of course. What?

That, uh-- That paper
that was in Forbes' hand--

Yes, I thought you might
have that in mind.

It was a telegram.

It was addressed
to Clinton Forbes,

sent from San Diego
at : yesterday afternoon.

"Clinton, call off police,

"or we'll build
publicity bonfire

"that will scorch you
and your romantic intrigues

"to a cinder. Stop.

"Don't try to find us.
We've seen the last of you.

Polly and Arthur."

He, uh, got Missing Persons
after them.

Police theory is that
they slipped into Mexico.

That shouldn't stop you
from looking for them.

They're still likely suspects
in the m*rder,

despite the telegram
or the farewell note.

Well, we're thinking along
different lines now, Perry.

Oh, uh, incidentally,

did you, uh, speak
to your client this morning?

I don't recall mentioning
a client.

Oh, really, you ought to go
and speak to her.

Go where?

Police headquarters.

We booked Evelyn Forbes
for m*rder.

On what evidence?

Oh, lots of evidence.

We've got her dead to rights,

even without
the handkerchief,

although we thank you
for small favors.

It was a good try, though,

no matter what you're up to.

Well, see ya.

I propose to show
that the defendant arrived

at her ex-husband's house,
entered it,

and shot him in cold blood.

That she left her g*n
and her fingerprints

in the m*rder room.

That she departed
in a taxicab.

If it please the court,

the state will ask that
the defendant, Evelyn Forbes,

be bound for trial
for the willful, premeditated

and cold-blooded m*rder
of her former husband,

Clinton Forbes.

Proceed with the prosecution's
case, Mr. Burger.

I show you this Smith & Wesson
. -caliber revolver

and ask if you can identify it.

Yes, sir.

It has my identifying marks
scratched on it,

it's the m*rder g*n
from the m*rder room.

And was it checked
for registration and ownership?

It was sold
to Mrs. Evelyn Forbes

in White Plains, New York.

No, uh, police permit
was issued.

I see.

If it please the court,

I should like this w*apon marked
for identification

and received
as people's exhibit A.

Mm-hm.

Now, lieutenant,

did you check the m*rder room
for fingerprints?

Yes, among others,
we found the prints

of Mrs. Forbes on the desk,
on a picture frame,

and on the wall safe.

And when say "Mrs. Forbes,"
to whom are you referring?

The defendant.

Mrs. Evelyn Cartright Forbes.

Thank you, lieutenant.
Cross-examine.

Now, lieutenant, these other
fingerprints you found,

whose were they?

Well, the deceased, his wife,
Mrs. Polly Forbes,

his former brother-in-law,
Mr. Arthur Cartright,

his secretary,
Miss, uh, Thelma Brent,

and Mr. William Johnson.

MASON:
Will you please identify
Mr. William Johnson

for the court?

He's the boyfriend
of Thelma Brent.

He did occasional odd jobs
for Mr. Forbes.

And where were Mr. Johnson's
fingerprints found?

Oh, on the desk,
I believe,

there were several
in different places,

he was a frequent visitor.

Then you've questioned him.
Yes, we have.

Something I've been
unable to do.

He's been a very peripatetic
young man these last six days,

going from jail to jail,

on what charges
were you holding him?

Material witness.

Isn't it true
that you deliberately

shuttled him from one jail
to another to keep me

from questioning him?

( man coughing )

Thank you, lieutenant.
That will be all.

JUDGE:
Step down, lieutenant.

BURGER:
And about what time
did you leave the house?

About ten past .
The show let out at : .

I got home about .

I see.

Now, Miss Brent,

would you tell us please
what Mr. Forbes

kept in his wall safe?

Contracts,
insurance papers and cash.

Do you know
how much cash?

Quite a lot.

He liked to use cash
for option money

on land-purchase deals.

Between and $ , .

Really?

Do you know
the combination to the safe?

No. Nobody did except
Mr. Forbes himself.

He kept a memo of it.
I don't know where.

Thank you, Miss Brent.

Your witness.

Mr. Forbes was
an attractive man,

wasn't he?

Yes.

You lived in the Forbes' house,

didn't you, Miss Brent?

Yes, I did.

Now, Miss Brent, on the two
evenings before the m*rder,

was your sleep disturbed

by the howling
of Mr. Forbes' police dog?

No.

But then Sammy never howled,
Mr. Mason.

Your Honor,
counsel is pursuing a course

not covered
in direct examination.

If he wants to establish
that a dog was howling,

or not howling,

he can do so when he presents
his own case.

Objection sustained.

Proceed, Mr. Mason.

Your Honor, I'm finished
with the witness.

JUDGE:
All right. You may
step down, Miss Brent.

I call William Johnson
to the stand.

MAN:
Mr. William Johnson
to the stand.

I was stringing a tennis
racket for Mr. Forbes.

I was in the workshop.
That's down in the cellar.

BURGER:
About what time was this?

Eight o'clock,
maybe a few minutes afterwards.

Go on.

Well, I wanted
to ask Mr. Forbes

where he kept the press
for his tennis racket,

so I walked up
the cellar stairs

and was about to go
into the library

when I heard the voices.

Were they distinguishable?

Uh, no, sir. Couldn't tell
what was being said,

but I-- I did recognize
Mr. Forbes' voice.

And what about the other voice?

Uh, no, sir,
I'd never heard it before.

Woman's voice, though.

She was kind of emotional.

That's why I didn't interrupt
and I went back downstairs.

And what happened then?

Well, I just started
to work again

when I heard the sh*ts.

Well, I ran up the stairs.

The study door was locked
from the inside.

Tried to break it in,
but it wouldn't give.

Then I remembered
there was another door,

so I ran
through the kitchen,

down the hall
and into the study.

Just then I heard a car
in the driveway.

Walked over to the window
and looked out,

and I saw this blue-checkered
cab pulling away.

Could you identify
the passenger?

JOHNSON:
Uh, no, sir,
except it was a woman

wearing a gray outfit.

All right, uh,
what did you do then?

Well, I looked around,
and I found Mr. Forbes.

He was dead.

Now, Mr. Johnson,
it's a matter of record

that you did not report
this crime to the police.

Could you explain that to us,
please?

Well, uh--
About eight months ago

I got into a little trouble
with a postdated check.

It was only $ ,

but, uh, the police really
put me through the ringer.

Well, ever since then, I...

Well, I just didn't want
to get involved with them again.

I understand.
Thank you, Mr. Johnson.

Cross-examine.

I notice
you've been very careful

in your choice of words,
Mr. Johnson,

almost as though
you'd been coached.

Have you been?

No, sir.

Haven't you discussed
your testimony

with the district attorney?

Yes, sir, but he didn't coach me
or tell me what to say.

Now, let's understand
this thoroughly.

You can't identify
the woman's voice

you said you heard?

No, sir.

Or the person who left
in the departing cab?

No, sir.

Then it could have been

any one of million women
in this country?

Yeah.

Look, uh,

I don't want to get anybody
in trouble--

All right, you haven't.

Thank you.
That will be all.

BURGER:
I call Joseph D'Amato
to the stand, please.

( Italian accent ):
So when I take her there

she tell me to wait.

Well, I tell her, "Well,
I need gasoline," you know?

So she say, "Well, take care
of it and come back."

What happened then?
Ah, well,

I see her go into the house,
and me, I drive away.

But I come back
and pick her up.

And about what time was this?

Oh, it's, uh--
Yes, here it is.

It's, uh--
It's after p.m.,

uh, maybe about ten minutes
later, you know?

Did you see the woman
again that night?

Yes, heh, uh, you see,
she was my last fare

on my way driving home.

Near midnight,
this same woman,

she ring the doorbell
at my house.

She said she got
my address

from the company
lost and found

and that she left
a handkerchief in my cab.

Well, she had, so I gave it
to her. That's all.

I see.

I show you now
this initialed handkerchief

and ask if you can identify it.

Yeah, sure. Yeah.

It's the same one I give--
I give back to the lady.

Thank you, Mr. D'Amato.

If it please the court,

I should like
this handkerchief entered

as people's exhibit F.

All right.

Now, Mr. D'Amato, would you
look around this courtroom

and tell me
if you can identify

the woman you have been
talking about?

Yes, sir. Ex...

Mm, excuse me.

That's her, it's the one
sitting right over there.

BURGER:
Let the record show

the witness is pointing
to the defendant, Evelyn Forbes.

Thank you, Mr. D'Amato.

Your witness.

Now, Mr. D'Amato,
isn't it a fact

that after the night
in question

and during the past week,

you saw the defendant
on several occasions?

That she was pointed out to you

by officers at police
headquarters while in jail?

Well, y-y-yes.
T-that's true.

It's an old and subtle
headquarters trick,

Mr. D'Amato, designed
to change a witness's doubt

about an identification
into certainty.

But--
But I'm sure about that one!

She was my passenger!

Now, when this woman called
at your house near midnight,

did she go inside your house?

No, she stayed outside
on the porch.

Was the porch light on?

No, sir,

but she is the one,
all right.

I can't be mistaken!

MASON:
But suppose you are,
Mr. D'Amato.

Suppose you are mistaken
about the identity

of the woman who called
for the handkerchief.

Mightn't you then also be
mistaken about the identity

of the woman you drove
to Mill Pass Drive?

D'AMATO:
I ain't mistaken
about either of them,

but if I'm mistaken of one,

well, then I could be mistaken
about the other one.

Thank you, Mr. D'Amato.
That's all.

JUDGE:
Step down, please.

You'll have to come along
with me, miss.

If the court please,
Lieutenant Tragg

is about to remove a witness
from this courtroom.

Before that happens,
may we approach the bench?

Yes. Come forward.

Your Honor, this young woman
has been subpoenaed

as a witness for the defense.

May I ask you
to instruct the witness

that she need talk to no one
until called as a witness

and to instruct the district
attorney and Lieutenant Tragg

that they are not
to annoy her?

Your Honor, all we intended
to do was to find out

from this young woman

whether an arrangement
had been made

for her to approach
the cab driver

and claim that she was
the person

who had left her handkerchief
in his cab.

Suppose she said yes?

Then I intended to discover
the identity of the person

who had paid her to make
this false representation

and get out a warrant
for his arrest.

All right, then.
I'm the person. I did it.

Gentlemen, the discussion
seems to be getting out of hand.

Your Honor,
there's no law against

a woman impersonating another,

and there's no crime in claiming
to be an owner of lost property,

unless the claim is made

for the purpose
of stealing lost property.

Oh, you can't
cover up like that.

Why don't you tell this court

the real purpose
of this rigmarole?

The purpose was to test
the recollection

of the cab driver,

and I believe
I was within my rights.

It appears that Mr. Mason

might very well
be within his rights,

but the court is only called
upon at this time

to pass on Mr. Mason's request
concerning this witness,

and I do believe
it's entirely in order,

and you will refrain
from seeking to annoy

or intimidate this witness,
Mr. Burger.

Very well, Your Honor.

I don't care about the evidence
of the cab driver.

It can't hurt my case a bit.

But I would like to find out

how far this trickery
of Mr. Mason's has gone.

May I request the court
to grant a ten-minute recess?

I'll do better than that,
Mr. Burger.

It's, uh, approaching
the noon hour,

so we'll adjourn the court
until p.m.

Thank you, Your Honor.

( tense theme playing )

Della, you'd better
get some lunch.

I've got to check on something.

Are you still a professional
football player?

Yeah, I'm still in pro football,
but it's the small-time now.

I wonder if you'd clear up
something for me, Johnson.

Sure, if I can.

You said you got
into the study

just as the cab
was pulling out.

That was four minutes

after the time
you heard the sh*ts.

I guess so.

I'd say you got into the study

less than a minute after.

How can you say that?

Because you knew
there was another entrance,

just as you knew the combination
to Forbes' safe.

No, Mr. Mason.

And the reason
you didn't call the police

wasn't because you had
been arrested before,

it was because you had stolen
the money from the safe.

You wanted to take it outside
someplace and hide it.

I didn't k*ll him.

Oh, did it ever occur to you

that when the police
kept you out of circulation,

they might have been using you
for their own purposes?

And that those purposes
might have something to do

with their suspicions about you?

You, uh, wouldn't
have hidden the money

in one of the trophies,
would you, Johnson?

( mysterious theme playing )

And in that five minutes,
from the time

I looked out of the window
until I left the house,

I took $ ,
out of the safe.

BURGER:
So you lied on the stand
this morning?

Yes, sir.

And I also lied about
identifying the woman

whose voice I heard.

I heard it,

and I saw her get
into the cab.

She's the defendant,
Evelyn Forbes.

( crowd murmuring )

Cross-examine.

Now, Mr. Johnson,

did you make this
positive identification

in order to save
your own skin?

No.

Isn't it true that you made
a telephone call

immediately after I left
your room?

No.

Didn't you, in fact,
call Miss Thelma Brent?

Didn't you tell her
that you'd stolen the money,

that I knew about it--
JOHNSON: No!

MASON:
--and ask her advice
as to what to do?

No! I did not.

Your Honor, since Mr. Burger
has recalled this witness

in order to introduce
new evidence,

I would like to interrupt
my cross-examination here

to recall a previous witness.

Well, you're entirely within
your rights, counselor.

I call Miss Thelma Brent.

MAN:
Miss Thelma Brent,
take the stand, please.

You're still under oath,
Miss Brent.

Now, I ask you, Miss Brent,

did Mr. Johnson call you
during the recess?

Yes.

Did he tell you
that he'd stolen the money?

BRENT:
Yes.

MASON:
And ask your advice?

Mr. Mason--

Yes or no.

Yes.

I told him to go

to the district attorney
and confess.

Confess to what,
the whole truth or half-truth?

What do you mean?

Did he identify the defendant

to keep suspicion
away from you?

Does that require an answer,
Mr. Mason?

Miss Brent, you said
you went to the theater

on the night of the m*rder.

What time did you get there?

The feature had just started.

About : .

It takes minutes
to get there from the house.

Then you left the house
about : ?

That's right.

That's the way
I testified this morning.

But Mr. Andrews said
he went on duty at :

and didn't see anyone
go in or out of the house

until : ,
when he saw you go out.

He was mistaken.

He said he couldn't recognize
the defendant,

how could he recognize me?

It doesn't get dark until :
this time of the year.

The defendant left
the house at : .

You claim you left at : .

Now, Mr. Andrews certainly
would have seen

someone leave at that time,
even if he couldn't identify

who it was.

( sighs )

All right,
I wasn't at the house.

I-- I didn't want
to bring this up,

but, well, I was out of town
with someone.

Are you implying this
is very personal, Miss Brent?

Yes.

May I guess
where you went?

Was it San Diego?

You sent a telegram
from there to Mr. Forbes.

You signed it
"Polly and Arthur"

to establish them
as being in San Diego.

Why would I do that?

To make it seem
they were alive.

Seem they were alive?

They're dead, Miss Brent.
They were dead then.

It's the only conclusion
I could come to.

The only one
that's based on the facts.

You k*lled Polly first
to get rid of her.

You wanted Clinton Forbes
and she was in your way.

That's ridiculous.

MASON:
Isn't that why the dog
was howling, Miss Brent?

Because Polly was buried
in the garden?

How do I know
why he howled?

But you testified
he didn't howl.

But then it's very easy
to prove,

all we have to do is dig
in the garden.

Well, what if you
find something?

I don't know
anything about it.

And then Arthur Cartright,

who suspected why
the dog was howling,

came to see Polly.

He faced you.

You realized he would expose
Polly's m*rder,

so you k*lled him.

You're making me out
a monstrous k*ller, Mr. Mason,

without a shred of proof.

I think you are
a monstrous k*ller, Miss Brent,

because after you twice
k*lled for Clinton Forbes,

you found out
he had no intention

of ever marrying you,
so you k*lled him too.

If I was in San Diego,

how did I k*ll
Clinton Forbes?

Clinton was k*lled at : .

Your man said he saw me
leaving the house at : .

Forbes was k*lled sometime
between : and : .

You could have k*lled him before
you walked out of that house.

How did I get in without
your man seeing me?

How did I get in?

The telegram was sent
from San Diego at : .

The return trip by plane
and then by car to the house

is less than an hour
and three quarters.

That would make it about
a quarter of .

You entered the house
before Andrews went on duty.

You've built a whole theory
on nothing!

Nothing!

( man coughs )

Do you want us to check
the airlines, Miss Brent?

Do you want us to check
your handwriting

on the telegram
you gave the clerk?

Do want us to get him up here
from San Diego to identify you?

( dramatic theme playing )

He said we couldn't
live together,

knowing what he knew about me,

even though
he helped me bury them.

He said the day would come
I'd hate him,

be afraid of him,

afraid he'd tell somebody
what I'd done.

I said to myself:

"Then why did I k*ll for him?"

What was it for?

I did it for him.

Now he was holding it
against me to get rid of me.

He was a very attractive man.

I did tell you that
this morning, didn't I?

( dramatic theme playing )

What is that?

That is a dog
named Sammy.

I thought he was shot
and k*lled.

Where did he come from?
A kennel.

You see, Della, when I phoned
Clinton Forbes about the dog,

he got worried
about an investigation.

Oh, so he went
to the kennel, boarded Sammy,

and then--- And then took
another police dog home,

one that wouldn't know about
Polly's body in the garden

and, therefore,
wouldn't howl.

Right.

Well...

what do we do with him?

Just stay away from him.

He's a k*ller.

( sighs )

( both chuckling )

( coughing )

( noirish jazz theme playing )
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