04x07 - The Case of the Clumsy Clown

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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04x07 - The Case of the Clumsy Clown

Post by bunniefuu »

( noirish jazz theme playing )

( pleasant theme playing )

( both laughing )

( tiger snarls )
Lisa, wait.

What is it?

The threshold. I've got
to carry you, you know.

( slurring ):
The threshold.
The threshold.

(tiger snarls)

The threshold.
The threshold.

The threshold.
The threshold.

The threshold.

You can't flaunt
tradition like that.

And this is our home.

The elephants, the horses,

the crowds and the smells.

You have had
too much champagne.

And why not? How often
do I get married?

Just once.
Just forever.

You know, you don't
know what you're doing.

And you don't know
what you're saying.

As a matter of fact,

you're not responsible
for what you're thinking.

( chuckles ):
But you're hooked.

I've got you
and you'll never get away.

I love you.

I love you,
I love you, I love you.

And this is our
wedding night.

I'm so happy.

( snarls )

Diavolo. Hi.

Diavolo.

Diavolo. Diavolo.

( door opens )

Look.
There's Jerry.

We've gotta tell the boss.
We've got to tell him.

Lisa, wait.

I'll tell him.

Look, you've had
a little too much to drink.

And Jerry's very much
in love with you.

You'll only hurt him.

Jerry!

(tiger snarling)

Lisa. Felix.

Hey, where have
you two been?

I wanted to go over
an idea for your act, Lisa.

We were, uh,
hiding.

Hiding?

Right in there.
In Arimba's cage.

Oh, come on,
don't joke -- Lisa! Lisa!

(snarls)

He won't come out.

Even if I unlatched it,
he wouldn't come out.

I'm sorry. I didn't
mean to frighten you.

( tense theme playing )

LISA:
I've got something to tell you.

Felix and I--
Look out!

( dramatic theme playing )

(screaming)

( tense theme playing )

( intermittent fanfare playing )

(knock on door)

Yes, come in.

Felix.

Well, you're expecting someone?

No.
Ah, of course not.

Lisa went on ahead today.

She's waiting
in L.A. for us.

Oh, champagne.

Four candles on the cake.

Must be somebody's birthday.

Or an anniversary
of some kind?

What do you want,
Curtis?

Just about this time,
wasn't it?

Four years ago.

Oh, it was a terrible thing
Lisa did

with that cat
and Jerry Franklin.

What do you mean,
Lisa did?

Well, she opened the cage
and let the cat get to Jerry.

She didn't.

Everybody knows
it was an accident.

No. That's the story
that went out.

Lisa knew how scared
Jerry is of the cats.

Look, why are you
bringing up all this now?

She'd had a little wine,
that's all.

Do you think she'd maliciously
open the cage?

Oh, I think she was
a little drunk, Felix.

She's got a conscience.
That's why she married Jerry.

She didn't really love him.

That's why she's
sticking with him

when she really
loves you.

What do you want, Curtis?

Well, now.

You know that Jerry Franklin
and I

are are partners
in the circus.

Yes.

He wants to buy me out.

Of course, the circus
has fallen on bad times,

but do you know what
he offered me for my share?

A hundred
and eighty thousand dollars.

Why are you telling me all this?

Well, according
to our partnership,

I can turn around

and offer Franklin the same
amount for his share,

and he has to accept it.

What are you getting at?

I need a loan. I don't
wanna leave the circus.

Go to the bank.

I think I've got
a better chance with you.

Well, I don't have
that kind of money.

You've been raising it.

How much have you got
in the till, Felix?

All right. I am raising it.

For Jerry Franklin, not for you.

If he has to buy you out,

I hope to be able to give him
the money to do it.

See?

That's just the point.

Who gets the money
to buy the other guy out?

Was it exactly
four years ago tonight?

I mean, the night
you married Lisa?

She didn't have time
to divorce you

before marrying Jerry Franklin
out of pity, now, did she?

( dramatic theme playing )

You can't just blow out
a marriage just like that,

even with the best motives.

Look, you can't tell Jerry.

We kept it from him for so long.

What are you going to do?

Well, I'm gonna wait for you

to lend me the money
you've been raising.

Felix.

You can't blow out
a torch like that either.

( train blows horn )

(circus music playing)

Lisa!

I'm all right, Jerry.

How many times have I told you
to check your equipment?

Suppose it had happened during
a performance, without a net.

I'm sorry.

All right.

Run along and change.

You're going to have to
be more careful my dear.

You're one of our
star performers, you know.

Your solicitude
touches me.

Oh, I'm even more solicitous
than you know.

Ask Felix.

Hey, Judd.
Yeah.

I want you to scratch Lisa
from the bill tonight.

What for?
She's all right.

I said she's not
going on tonight.

She'll have
the jitters for awhile.

She's billed.

A lot of people are gonna
pay money to see her.

Don't you forget
we're still partners.

That's right,
and we're gonna settle that too.

You're supposed to pick up
my half interest for $ , .

Well, it's due now.

Have you got $ ,
to buy me out, Jerry?

That is, if I let you?

I'll have it
by tomorrow afternoon.

Now, that's when
I planned on having it.

All right then.

By tomorrow
either you buy me out,

or I'll buy you out.

Sure.

I figure I got
just as good a chance

of getting the money
as you have.

That was a narrow miss
for Lisa, Mr. Curtis.

Imagine if that had
happened tonight, with no net.

Well,
in a couple more days

she and Franklin will be
out of the business.

That's too bad. Lisa won't
stay on when you take over.

She's great.

There'll be a few others
who won't stay on.

Yes, sir. I'm looking
forward to that.

Look, Durant,

if you're figuring
on replacing Heidemann,

forget it.

But you promised me when--

When I gave you
the $ , --

We'll have to
call that a loan.

I made a mistake.
You can't carry the show.

You just haven't got it.

I can do everything
Heidemann can.

I've got the experience,
the ability, talent--

Everything.

Everything
but his genius.

Well, it'll have to be
by tomorrow.

It's him or us.

Tony and I just gave Felix
our last , .

It's all the money
we have left in the world.

How much does that make
altogether, Felix?

I'll be able
to make it now.

Lisa, Felix, Joyce,
Tony and me.

Partners.

Curtis is bluffing.

He said he can raise
that money, but he can't.

He can't.

And in these last four years
we have loved each other

without once saying the words.

Lisa has been an honorable
and devoted wife

to Jerry Franklin, Mr. Mason.

She has paid penance
where none was demanded.

But as long as your marriage
with Lisa is on the books,

she is not legally
married to Franklin.

She is really committing
no crime, Mr. Mason.

Theirs is not
a consummated marriage.

The accident--

The law makes no distinction
on that account.

Now, you said, um,
the accident occurred

on the night
of your marriage?

Yes.

Then you could have had
your marriage annulled.

Yes, Mr. Mason.

But the time never seemed right.

First we didn't know what to do,

then when Lisa married Jerry,

we couldn't just then.

I think Lisa wanted to
hold onto that one thread.

Secretly.
Just as I did.

I came to you
for advice, Mr. Mason

Bigamy is a felony
in this state, Mr. Heidemann.

Can it be worked out without
Jerry Franklin's knowledge?

Possibly.

And the loan
Curtis is demanding?

You mean the blackmail.

The money isn't
all yours, is it?

No.

Then how could
you use it?

Have you raised
the entire $ , ?

All but $ , of it.

I know where I can get that,
but that isn't the problem.

The problem is that
if Jerry finds out

Lisa's been married
to me all this time,

it would just about k*ll him.

You see, he thinks Lisa has been
in love with him all along.

I understand.

But these are things

that you and Lisa must decide
for yourselves.

Yes, Mr. Mason.

Thank you.
Oh, no. Sit down.

You know, I haven't been
to a circus for years.

I-I could reserve
some seats for you

for tonight's performance.

Della?
Love to.

All right. Let's see.

( applause )
( fanfare playing )

Thank you. When does
Heidemann go on?

Uh, right after this act,
the Gilberts.

Thank you.

(waltz music playing)

( applause )

( applause )

( applause )

(whistle blowing)

And now, ladies and gentlemen,
the one and only,

the incomparable
Felix Heidemann,

the funniest man in the world.

(playful music playing)

( crowd laughs )

( crowd laughing throughout )

What's the matter, Paul? You
scared?

Sure. I wouldn't let him aim
that cannon at me

if it was loaded
with marshmallows.

Well.

Perry.

Well, hello,
lieutenant.

You know, popcorn never
tastes half as good

as it does in a circus.

That's right,
lieutenant.

Nothing like good
circus popcorn

and, um, good company
to help you eat.

All right, Perry.

What are you doing here?

Eating popcorn.

What about you,
lieutenant?

Oh. Same thing
you're here for probably.

Duty.

Homicide got a complaint
from the owner.

Someone tried
to k*ll him.

Curtis?
No, Mr. Franklin.

Let a tiger loose on him
about an hour ago.

Back in the dressing room area.

Oh, he's okay. Nothing
happened to him this time.

But I understand something did
happen to him once before.

It was a long time ago.

(crowd laughing)

(circus music stops)

( grunts )

( crowd screaming )

( whistle blowing )

Paul, you stay here
with Della.

( blows whistle )

Hold your seats, please,
ladies and gentlemen.

Hold your seats. The next act
will be on in a moment.

(playful music playing)

Where's Heidemann?

Where's that clown?

The funniest man in the world.

Well, I don't think
this part of his act

is going to make
the jury laugh.

( somber theme playing )
(lion growls)

That's the cat.

We've used safety catches
on these cases

ever since the time
of the accident.

Four years ago.

This door couldn't possibly
have unlatched itself.

Somebody opened it.

And it was common knowledge

that Franklin was afraid
of the cats?

Oh, yes.

And the, um,

tiger went through there
toward the dressing room area.

Well, I would
assume so.

Arimba the cat must have come
right down through here.

I was in my dressing room
when I heard Franklin yell.

I rushed out here
and I saw Franklin.

For a minute I didn't know
what he yelled for.

Then Lisa came out

and just as she started
to grab for the wheelchair

I saw the cat start down
toward Franklin.

By the time I got to him,
he was screaming,

and Lisa was trying to pull
the wheelchair

back into the dressing room.

I managed to give it
the extra shove

and the cat just missed us all
by a half a second.

And what time was this?

About : .

TRAGG:
Oh, Mr. Gilbert.

Uh, Della,

would you please
give this to Paul?

Have they, um,
found Felix yet?

No.

Do you know where he is?

No.

Where he might
have gone?

No, Mr. Mason.

You do know that
Felix told me

about your situation
with Mr. Franklin?

Yes, I know.

Now, Curtis was blackmailing
you and Felix.

Had you decided
what to do about it?

No. But Felix spoke
to him again

and Curtis wanted the money
by tomorrow afternoon.

Mrs. Franklin, we're trying
to place everybody.

And no one seems to recall
just what happened to Heidemann,

or in which direction he went.

Now, where were you when
the fatal shot was fired?

In my dressing room.

And did you hear
the shot?

I heard the silence, lieutenant.

What's that?

Back here,
when the performance goes on,

there's a steady sound.

People talking, music, laughter.

I was putting on my make up
when I heard the silence.

And then you came out
into the corridor?

Yes.
And then what?

I went to the performer's
entrance

to see what was going on.

Did you see Heidemann?

No, lieutenant.

Did you see anybody

in a clown suit,
Mrs. Franklin?

No, Mr. Mason.

It's no good, Perry.

That was Heidemann in that suit,

and underneath that greasepaint.

Since none of you
are going to cooperate,

you'll all come downtown
and spend the rest of the night,

if we have to,
remembering what went on.

You too,
lieutenant?

Huh?

It seems to me
that you were

just as much an eyewitness
as anyone else.

How much do you remember?

Well, I know one thing
I didn't forget.

To put out an all points
bulletin on Felix Heidemann.

( ominous theme playing )

MASON ( on phone ):
I was hoping you'd call,
Mr. Heidemann.

Where are you?

In San Francisco, Mr. Mason.

I just found out what happened.

What are you doing up there?

I came up here to get
the last part of the $ , .

Why San Francisco?

My bank is here.

When did you leave Los Angeles?

I caught the : train
from Union Station last night.

Nine o'clock?

That's right.

The shot that k*lled Curtis

was fired at : .

Yes, sir.

And you're saying
you did not sh**t Curtis?

Of course I didn't sh**t him,
Mr. Mason.

Look, I know they're
looking for me.

What'll I do?

Are you telling me the truth,
Mr. Heidemann?

Yes, sir.

Then you'd better
come back to Los Angeles

and tell it to the police.

The police?

Give myself up?

You'd be giving yourself up
if you tried to run away.

( tense theme playing )

I told it just the way
it happened, Mr. Mason.

I took the :
train to San Francisco

to get the money
out of the bank.

Well,

if we can prove you were
on that : train

it will automatically
clear you.

Well, I don't know if I can,
Mr. Mason.

I didn't even keep
my ticket stub.

I didn't sit next to anyone.

There's just
no one I remember.

Maybe one of the conductors
will remember.

We'll have Paul Drake
check on that.

Now, what about the g*n
you use in the act?

I left it in my dressing room,
on top of the makeup table.

Then anyone
could have taken it.

I left it there purposely
for my replacement.

What replacement?

I'd never leave the show
in the lurch,

without arranging
for a substitute.

I left a note.

Then you know who was
in your costume

at the time of the sh**ting.

No, I don't, Mr. Mason.

You see, the man that was
supposed to be in that costume

was Mr. Curtis.

Curtis?

Well, he used
to be a clown.

He's filled in for me
on occasion in the past.

Who could have filled in
for you this time?

Who could have made
every single person there

believe it was Felix Heidemann
in that clown suit?

Somebody did, Mr. Mason.

( somber theme playing )

I thought it was
Heidemann.

Of course, I wasn't looking
for it not to be,

if you know what I mean.

Where were you when the shot was
fired, Mr. Durant?

My act's with the elephants.

I was waiting
over there to come in.

Did you see any part
of Heidemann's act?

Well,
without really seeing it.

You know,
you've seen it before.

It's a routine.

Well, this time,
was there anything about it

that struck you
as unusual?

Some, uh,
missing characteristic?

Something left out
of the routine?

No. But as I say,

I wasn't really looking for
anything.

What are you trying
to do Mr. Mason,

make out it wasn't
Heidemann performing?

I think it's
a possibility.

Is that how
you're aiming to defend him?

Heidemann said that he took
the : train to San Francisco.

That he'd made
arrangements

with Curtis to
substitute for him.

Curtis did substitute
for him occasionally.

Did anyone else?
Occasionally?

Why don't you
say it?

You mean me.

No.

No, I was
never asked.

Oh, well...

Franklin was sitting
there in his wheelchair

at the tunnel entrance
to the dressing rooms

when the shot was fired.

Do you recall that,
Mr. Durant?

I've been trying to remember
everybody's position,

but I'm more
confused than sure.

Well, the k*ller
was standing here,

just about where we are.

And Curtis was standing
directly over there.

A b*llet fired
along this line

could have come from
the dressing room entrance.

From where you say
Mr. Franklin was?

That's right.

Well, even if I'd
been looking,

I couldn't have seen
Mr. Franklin from where I was.

Could you have seen
Curtis standing over there?

Well,
I guess I could have.

I don't remember looking.

Mr. Durant,

I need your help.

Now, the question
has been raised

that Felix Heidemann
either had a substitute

or that someone
impersonated him.

Now, would you search
back in your memory

for some definite clues
as to the fact

that the k*ller could not
have been Heidemann?

How would I do that?

The way a man walks,

the way he holds his head.

You're a student
of the art of clowning.

The way a man takes a fall,
or tumbles,

or spins a plate into the air.

You're suggesting that I might
be able to testify

that it wasn't Heidemann
in that costume.

Yes, you might.

Sure.

That's the way of a lawyer
to protect his client,

figuring out angles like that,

true or not.

Well, even if I might,
I wouldn't.

You'd lie?

There's no love lost between
Heidemann and me, Mr. Mason.

I'm not saying
I'd lie to hang him,

but I wouldn't tell the truth
to help him either.

( ominous theme playing )

Well, Paul, anything new?

Hi, Perry.
Plenty, but it'll keep--

The, uh, Gilberts
are waiting for you

and Della says
it's important.

Della, I'm back.

Would you bring
the Gilberts in, please?

DELLA:
Yes, sir.

Come in, please.

My wife has something
to tell you, Mason.

Won't you sit down?

No, thank you.

I don't know
if it's important or not.

Tony seems to think so.

Last night,
about after

I went into Judd's--

Into Mr. Curtis' office.

There was a note
on his desk from Felix.

Saying he was going
to San Francisco

and couldn't make
the performance.

And he wanted Mr. Curtis
to fill in for him.

Felix said he had left
a note for Curtis.

Go on, Joyce.

Later, after dinner,

I went back to his office,

and the note was gone.

And you thought Curtis
had picked the note up?

Yes. Yes.

And, um,
when you saw Curtis

lighting his cigarette

during the performance,
and you realized

that he had not taken
Heidemann's place,

what did you think?

I thought Felix
had changed his mind.

Where were you during
the clown's act, Mrs. Gilbert?

I was standing
in the entranceway.

Right behind
Mr. Franklin.

Then you could see the clown
in the center of the ring

and Mr. Curtis at the mouth
of the other tunnel?

Yes, yes.

And where were you during
that time, Mr. Gilbert?

I was there in the tunnel too.

Behind my wife,
as a matter of fact,

waiting for Heidemann
to complete his performance

before I went back
to my dressing room.

Then you could both
see the clown.

Yes.

You know, I believe

someone other
than Felix Heidemann

was in that clown suit.

And I'd like you
to try to recall

if there was
anything in the act,

anything different
or out of the ordinary

which would show
that it wasn't Heidemann.

No. I--

I don't recall.

I didn't notice
anything.

Did Felix go
to San Francisco,

Mr. Mason?

That's going to be one of
the major issues in this case,

Mrs. Gilbert.

Whether he did or did not.

The police will be
very dubious--

Perry,

that is some
of the news I have for you.

I think the police
are prepared

to concede Heidemann
went to San Francisco.

They are?

Any time after
: .

Heidemann said he took
the : train.

They got a call
this morning

from the state police
near Santa Barbara.

A g*n was found
on the highway,

presumably thrown from
a San Francisco bound train.

Santa Barbara?

Well, close by.
Carpentaria.

Kind of lucky it landed
on the highway.

Yes.

Very lucky.

Was it Heidemann's g*n?

Registered to him,
and identified

as the . long barrel Magnum
revolver used in his act.

And according to Tragg,

the g*n that k*lled
Judson Curtis.

( suspenseful theme playing )

Well, it is my opinion
the death was caused

by a . caliber b*llet
passing through the heart.

Now I show you this b*llet

and ask if it could have been
the m*rder b*llet?

EXPERT:
Yes, sir.
It could have been.

Your Honor, I ask this be marked
Exhibit A for the state.

If Your Honor will note

the flat and bulging shape
of the b*llet?

Duly noted, Mr. Mason.

We have no objection to
it being marked in evidence.

Thank you.
Your witness.

Doctor, I take it from
the condition of this b*llet,

that it did not
lodge in the body.

It passed through.

Now, the distance
from where the shot was fired

to the mouth
of the tunnel entrance

is about yards.

Could the b*llet have traveled
that distance

and still have passed
through the body?

Without obstruction,
a . caliber b*llet

fired through
a long bore . Magnum,

could have traveled
twice that distance

and still have gone through.

And there was no obstruction?

It touched only the flesh
and the vital organ.

Thank you, doctor,
that'll be all.

JUDGE:
You may step down.

Yes, that's right, Mr. Alvin.

The statement said
the defendant

caught the train
to San Francisco.

As a matter of fact,
we received a telephone call

from the defendant
from San Francisco.

I show you Exhibit A
and ask if you can identify it.

Yes, sir.
That's the b*llet

which passed through
deceased's body

and ricocheted off
an iron plate

on one of
the tent poles.

And this peculiar flattened
and bulging effect?

That's when it struck
the iron plate.

Thank you, lieutenant.

Lt. Tragg,
I show you this g*n

and ask you to identify it.

Yes, um,
it's the g*n found

on Highway in Carpentaria.

That's on the way
to San Francisco

at a point where the railroad
tracks cross the highway.

It's a Magnum . ,

purchased by the defendant,
Felix Heidemann,

and registered
in his name.

It was wiped clean
of all fingerprints.

Thank you.

Now, lieutenant,
on the night of the m*rder,

did you,
in the course of duty,

visit
the Curtis-Franklin circus?

Yes, sir.
I had gone there

to investigate
an attempted homicide

against Gerald Franklin,
one of the owners.

ALVIN:
What time was this?

TRAGG:
About, uh, : .

Then you were present during
the evening performance?

Did you see a clown

named Felix Heidemann
performing that night?

Yes.

What happened during
that performance?

He was caricaturing a sh**ting
act which had preceded him.

And?

He fired a shot
at the deceased,

Judson Curtis.

But instead of having
blank cartridges in his g*n,

there were real b*ll*ts.

Now, and I want to emphasize
this point, lieutenant,

was there, during the act,
following the act,

or in any discussion
with any of the principals

at any later time,
any hint or suggestion

that it was not
the incomparable,

world-renowned, Felix Heidemann
performing that night?

Oh, no. No, sir.

Thank you, lieutenant.

You may cross-examine.

Was the clown in costume,
lieutenant?

Yes, sir.

And in heavy makeup?

Yes.

Would you say
unrecognizable?

Well, if you mean, uh,
feature by feature--

That's what I mean, yes.

Well, yes,
he was unrecognizable.

Now, lieutenant,

did you check
the fatal b*llet ballistically?

We tried.

But the distortion
was so severe,

no comparison could be made.

Then for all we know,
the g*n found on Highway

was not the m*rder g*n?

Well, I wouldn't
put it that way, I--

Just, uh, put the answer

the way I put
the question, lieutenant.

Well, we can't prove
it was the m*rder g*n.

Was the g*n loaded?

Yes.

How many b*ll*ts
were in the cylinder?

Four.

Then since the . Magnum
holds six b*ll*ts,

it could mean that, uh,

two sh*ts had been fired.

Could.

Now, lieutenant,
you took several members

of the circus personnel
down to police headquarters

for questioning
on the night of the m*rder.

What time did you
release them?

Well, various times.

Now, what time did
the last of them leave?

Well, about : .

Now, I believe you stated
in your testimony

that the g*n was found
at Carpentaria

early in the morning.

Now, exactly what time
early in the morning?

Well, the state police
reported it

at, uh, : a.m.

Then any of the people
you had been questioning

at police headquarters
had ample time

to drive to Carpentaria,
toss the g*n onto the highway,

to simulate it having been
thrown from a train?

If you're asking
if any of them had been

kept under surveillance,
no, they weren't.

Well, that's what I was asking.

Thank you, lieutenant,
that's all.

JUDGE:
You may step down.

And the amount to buy
Judd Curtis out

was, uh, $ , .

Well, Heidemann was
the treasurer.

As explained then,

it was a question
of your buying out Curtis,

or his buying you out?

Yes.

And you had partners
on your end.

Including the defendant,
Felix Heidemann?

Yes.

Now, Mr. Franklin,
let's dig a little deeper.

I ask you to explain
the relationship

which existed between
you and your wife

before your marriage.

FRANKLIN:
Well, what is there to tell?

We were all good friends.

I think Lisa had a great
affection for Felix.

But I am proud to say she had
a greater affection for me.

She-- She was in love with me.

And the measure
of that love was that

at the time of my accident,

she had already made up
her mind to accept me.

I don't know what else
there is to tell.

Her devotion.

Her self-sacrifice

over these past four years.

The way she gave

real meaning to futility.

And Felix Heidemann,

was he in love with your wife?

Of course.
How could he help it?

I knew it all along.

ALVIN:
And did you also know--?

Objection, Your Honor.

Defense has been very patient
with this line of questioning.

But it's extraneous,
argumentative, leading,

and certainly
not best evidence.

Your Honor,
the prosecution is trying

to lay a foundation
as to the motive for m*rder.

The objection is not
without merit.

Perhaps, Mr. Alvin,
you will explain to me

what your plans are.

Your Honor.

It is the intention of the state
to prove that the defendant,

Felix Heidemann, was being
blackmailed by Judson Curtis,

that the blackmail centered

around the relationships
between--

Your Honor,
I ask the witnesses in this case

be excused from the courtroom.

Certain hardships
might result--

There's only one way
he can try to prove

what he thinks
he knows about us.

And that is to bring me
to the stand,

to ask me the questions,

not Jerry or anybody else,
just me.

Well. I-I'm sorry, Jerry.

I'm very sorry.

But I cannot sacrifice Felix.

I will not testify.

Yong woman,
you're out of order.

What do you mean
you're not going to testify?

He's my husband, Your Honor.

Felix Heidemann is my husband.

Can I be forced to testify

against my husband?

He was going to have
the money

by : the next day.

Did he say where he
expected to get the money?

From Heidemann.

From Heidemann?

But now, Felix Heidemann
was part of the combine

that was going
to buy him out.

Did he say how he expected
to get the money from Heidemann?

Well, he said that
Heidemann and Lisa

were trying to protect
Mr. Franklin.

That they didn't want him
to know that they were married.

It would be
a terrible blow to him.

And by threatening
to tell Mr. Franklin,

he could get the money.

Yes. Now, Mr. Durant,

why did the decedent
tell you all this?

Well, why not?

Mr. Curtis planned,

after he took over the circus,

to make me the premier clown.

He was going to
get rid of Heidemann.

ALVIN:
Mm-hm.

Did you witness the performance
of Felix Heidemann

on the night of the m*rder?

DURANT:
Yes, sir.

Well then, as a clown,

as a working member
of the profession,

what's your expert opinion
on the performance that night?

It was superb.

I've never seen Heidemann
in greater form.

Then, as far as
you are concerned,

it was Felix Heidemann,
the defendant,

who was performing
that night?

Of course it was.

There's not the slightest
doubt about it.

Heidemann is a genius.

Wouldn't it take a bigger
genius to impersonate him?

Thank you.
You may cross-examine.

JUDGE:
Mr. Mason.

Before you start
your cross-examination,

if you have no objection,

I'd like to call
the noon recess now.

No objection, Your Honor.

Court is adjourned till
: this afternoon.

( tense theme playing )

Now, as I understand it,

Gerald Franklin was sitting
in his wheelchair,

watching the performance
from here.

Yes.
I think so.

You know so, don't you,
Mr. Gilbert?

Well, yes.

Let's see, he was
just about here,

in the shadow
of the stands.

He had a direct line
to the clown

in the center of the ring,

and Judson Curtis
on the other side.

Mr. Mason, if there's
any way that I can help...

Maybe on the stand I can
remember some differences

in the performance.

Uh, no thank you,
Mr. Gilbert.

Now, you were watching
the performance from there?

Yes.
Right there.

And your wife?

Joyce was sitting
right beside me.

Then,
when the sh**ting started,

of course we ran out.

Did you notice in which
direction the clown was running?

That's what Lt. Tragg
kept after us on.

Yes. I think I did.

I think he ran back
to the dressing rooms.

Nobody followed.

No.

Paul.
Yeah.

Paul, I wonder
what happens when it rains.

PAUL:
Oh, you mean the canvas roof.

MR. GILBERT:
Oh, that's waterproof,
Mr. Mason.

MASON:
It shouldn't be.

There should be
a hole in it.

A b*llet hole.

The clown fired up
at the platter.

But those were blanks.

One of those blanks k*lled
Curtis, didn't it?

Yeah, two b*ll*ts gone
out of six.

But why do you want to find
a hole in the roof, Perry?

That's gonna present
quite a problem,

without striking
the whole tent.

I don't know a better
man to tackle it.

This is Durant's
dressing room.

Perry, do you want me to get
going on that canvas top?

No, help me
here first, Paul.

Sure. Help you
with what?

Help me find some .
caliber blanks.

At least four of them
and possibly six.

What blanks
would they be?

Well, if there were real b*ll*ts
in that . Magnum,

then the blanks normally used
would have been removed.

You expect to
find them here?

In Durant's
dressing room?

You want to chip in,
Mr. Gilbert?

Yes.
Certainly.

Anything I can
do to help.

I noticed you were a little
angry at your wife

the day you came
to my office, Mr. Gilbert.

No.
No I wasn't.

And she told you about
that note soon enough?

No.

What do you mean?

Perhaps she had some reason
for keeping it back.

Perhaps she had some reason
for not telling you

why she went to Curtis' office
in the first place.

And then she went back
a second time.

I forgot to ask her
what for.

Do you know,
Mr. Gilbert?

No.

What kind of g*ns do you
and your wife use in your act?

We have them
specially made.

Are you a
jealous man?

No.
Why should I be?

Well,

there had been
a time

when Curtis
and Joyce were--

PAUL:
Perry. Here they are.

How many, Paul?

Four.

( ominous theme playing )

We'd better get back
to the courtroom, Mr. Gilbert.

Uh,
what about me?

You cover
the world, Paul.

The circus was in
financial difficulty,

wasn't it, Mr. Durant?

I'm not an accountant.

Please, speak up,
Mr. Durant.

I'm not an accountant.

But you loaned a large sum
of money to Judson Curtis

to enable him
to take over the circus,

did you not?

Well yes, I did.

Why shouldn't I have?

And he made you
a promise at that time.

A promise that you could
take over the act

belonging to
Felix Heidemann.

DURANT:
Yes.

Now, Mr. Durant,

on the afternoon of the m*rder,

Joyce Gilbert had occasion
to go into Mr. Curtis' office.

On his desk she saw a note
left there by Felix Heidemann.

Did you see that note?

No.

You did not
see that note?

No, sir.

It was a note telling Curtis

that Heidemann was going
to San Francisco

and asking Curtis
to substitute for him.

What're you asking me
all these questions for?

Because I believe
you've been lying, Mr. Durant.

I believe you did see that note.

I believe you destroyed it.

And further,

I believe you took Heidemann's
place during his act.

You knew his routine
by heart.

His every move,
his every gesture.

Under all the paint,
who could tell the difference?

It was your great opportunity,
wasn't it, Mr. Durant?

All right.

Yes, it was my opportunity,
and I took it.

Thousands of people laughed
and watched and applauded,

and thought I was Heidemann.

Curtis watched me,

Franklin watched me,

all the professionals watched me

and not one of them knew

it wasn't Heidemann.

It was a greater performance
than Heidemann ever gave.

Then Curtis
fell to the ground,

and you realized
he was dead,

and you fled
to the dressing room area.

Yes.

Changed to your own
clown costume

to resume your
own identity.

Yes.

Then what, Mr. Durant?

Well, then there was

questioning by Lt. Tragg,

and we were taken down
to police headquarters.

And released
before a.m.

That's right.

Go on.

Well, then I went back
to the circus,

back to my dressing room.

I got the revolver,

got in my car,

drove to Carpentaria,

to a place where

the railroad track crosses
the road.

You knew Heidemann was taking
that train to San Francisco.

Yes.

I dropped the revolver
on the highway.

Trying to implicate Heidemann.

Yes.

I--

I don't suppose
you'll believe me,

but when I went into the ring,
when the act started,

I didn't know the g*n
was loaded.

I believe you about that,
Mr. Durant.

I believe that you did not
k*ll Judson Curtis.

What?

You thought there were
blanks in that g*n.

There were.

When you fired up
at the spinning platter,

you fired a blank cartridge.

Just as you fired
a blank cartridge at Curtis.

But that's impossible.

The g*n I took to Carpentaria
was loaded with real b*ll*ts.

When did you first
examine that g*n?

When?

Why--

When I came back
from police headquarters.

The only one who could have
committed the m*rder

waited for everybody to be
taken to police headquarters,

then calmly went
to your dressing room,

took the blanks out
of Heidemann's g*n,

replaced them
with four b*ll*ts

and let you take it from there.

The m*rder*r...

is the only one who

could have shot Curtis
without having been observed.

His revolver,

the counterpart
of Heidemann's g*n,

concealed by the robe
which covered his lap.

Why made you want to
k*ll Curtis, Mr. Franklin?

Why made you want
to k*ll him?

I k*lled him because--

Because he set the tiger on me.

He opened the cage door,

knowing I was the only one
in the aisle.

Unprotected.

Deliberately.

He wanted
to k*ll me like that.

He set the tiger on me.

Thank you.

( somber theme playing )

Thank you, Lisa,

for those four years.

I never knew.

Thank you.

Curtis was desperate.

Not only couldn't he buy
Franklin out,

but he'd stolen so much an
accounting would have disclosed

that Franklin wouldn't have
had to pay him one cent.

So that's why he tried
to k*ll Franklin.

MASON:
That's right.

He had to buy Franklin out,
not be bought out.

And there's some other
things I dug up.

Things that Perry's known
but no one else has.

No one, that is,
except Lisa.

About what, Lisa?

Lisa never really married
Gerald Franklin.

No, I didn't.

I wanted everybody else
to believe I did.

But it was
a mock ceremony.

A friend of mine acted
as the magistrate.

So you see,

Lisa has never been
legally a bigamist.

Now what happens?

MASON:
Now Paul.

Now?

Now.

Now we're going to celebrate

the beginning of a honeymoon
you've never had.

There you are.

( dramatic theme playing )

( noirish jazz theme playing )
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