Good evening. I am organizing a key club.
It seems to be the thing to do.
For the uninitiated, a key club is one which
members can enter only if they possess a key.
These clubs are
terribly exclusive since
membership is limited to men.
My club is completely different.
It is for women. Inside the club is
everything a woman could want,
Including me. You see, I am
the club's only bunny.
This evening's story
is not about key clubs.
It is about a man who finds himself in a
unique predicament and is called I Saw the
whole thing. If you
wish to see the whole
thing, I suggest you watch this
spot closely for the next 60 minutes.
Hi Penny. You waiting for somebody?
Not for you.
I called Thursday but the
warden said you were out. Hey, I'm
having a big bash at my place next week.
Interested? Look Freddie, can't you take a
hand? You know I'm going steady with George.
Is that who you're waiting for?
Well you kind of flake off. Who is the
jealous type, huh? He'll go stark staring
ape if he finds you hanging around me
again, so if you don't mind.
Okay, okay. See you around.
My name is Michael Barnes, I
Speak up, please.
My name is Michael Barnes. I had an auto
accident yesterday. My car hit somebody.
A man on a motorcycle. Yes,
we've been looking for you.
I heard you broadcast the one
where you were asking for witnesses.
Just a minute. Get me Lieutenant Sweet.
Your license number, PN3271. Yes.
Lieutenant Sweet, the driver
of the hit-and-run case is here.
Yes, sir, he just walked in.
Okay. You prepared to make a statement,
Mr. Barnes? That's what I'm here for.
This is Lieutenant Sweet of the automobile
squad. This man's name is Michael Barnes,
Lieutenant. His license
number checks out.
I'm very sorry about
all this. I'm sure you are.
The broadcast didn't say too much about the
man's condition. Is he gonna be all right?
He's got a pretty bad concussion
and a couple of broken ribs.
The doctor thinks
he'll be all right.
Come with me, Mr. Barnes. On Tuesday,
May 17th, my car was heading north
through the town of
Greensville. There's a stop
sign at the intersection
of Holland Avenue and
Greensville Road. My
car stopped at the stop
sign and then when no
traffic appeared in any
other direction proceeded
to cross the road.
A motorcycle came out
of nowhere and headed in
the direction of my car.
It was going very fast.
The driver of the
motorcycle decided to
pass in front of my car and he ran into it.
He was thrown over the top and landed on
the road. My car stopped and then went on.
That sound about right to you? Did I say
just like that? Not very good English and
I'm supposed to be an author. We don't want
fiction now, Mr. Barnes.
Just the truth.
My car stopped and then
went on. Like to add anything
to that? That doesn't
sound very good for me,
does it? You say this statement's
going to be read in court.
If you're prosecuted, it will be. You
mean there's a chance that I won't be
prosecuted? That's
not for me to say.
The district attorney is
assembling the evidence.
That's why they've asked
for witnesses to come forward.
I can tell you right now there
were plenty of them. What kind of an author
are you, Mr. Barnes? I write crime stories.
Hmm. I never read them myself.
The cops are always too dumb.
Now if you'll just sign this statement.
Say, well I have to
be kept here very long.
My wife is in the hospital.
I'd like to get over there.
Just sign this statement
and then we'll let you go.
We'll be in touch with you later.
Cheer up, Mr. Barnes. Women have
had babies before. I suppose I have
been pretty jittery about all this. You
know Stella's report card better than I do.
I mean if you've struck out twice already.
This isn't a ballgame. If she got this far,
I'm sure she'll be all right. Mustn't
go wrong this time. Just mustn't.
She wants this baby so badly.
You know, your older fathers
are always the worst.
Water. Especially if
it's the first baby. Now it isn't easy for
a woman who's not so young, is it? I mean
Stella's 36. You have any children, doctor?
Three incredibly hungry ones. sh**ting up
like weeds. Kids get older fast and so
do parents. Are you sure that she's going
to be all right? I mean she's not as nervous
as when I brought her in this morning.
She seemed a little worried, but that's
only natural. Truth is it's not just Stella
that I'm anxious about. Something happened
yesterday. I was in an auto accident.
Motor cycle ran into me. Man who was riding
it was hurt. Stella doesn't know about it yet.
Was the man badly hurt? He'll recover.
Might be some upsetting things in the
newspaper. Might even be a trial. I see.
Well I suppose the sensible thing to do
is to keep the whole thing quiet.
At least until your wife feels well. Oh
could you do that? That would mean a great
deal to me. Yes. I'll speak to the nurses
and see that she's kept out of touch
with the world. You know I never did
prescribe newspaper headlines for my
patients. Thank you. Thank you very much.
Hey you got over here pretty quickly.
The way you sounded on the phone,
I thought the house was burning down.
I don't smell any smoke. I had to come
over to your place except I didn't
want to leave the house. It's Stella,
she's in the hospital. Might be a call.
So soon? Mm-hmm. Thought the baby wasn't
due for a month. Rush order. Can I fix you
a drink counselor? No objections your honor.
Scotch of the rocks. So that's it.
Stella. What? I've just been weighing the
bags under your eyes. You look
like a man with troubles. I spoke to Dr.
Palmer and he says that everything's
all right so far, but you know Stella.
You know how nervous she can get. She's
already lost two babies. Mike you didn't
ask me over to talk about Stella.
What's the matter? Haven't you been
reading the papers? Well not the local
ones. I got back to the coast this morning.
It looks like I'm facing a criminal
action. You? What did you do?
Write yourself into one of your own
stories? Had an accident driving through
town last week. A motorcycle ran into
my car. It wasn't my fault, but well I.
I just didn't stop. You mean you?
I didn't stop. I did. I lost my head. I.
drove on. There were plenty of people
around to help the guy. Maybe too many
people. You mean witnesses? Mm-hmm.
I turned myself in the next morning after
I drove Stella to the hospital. Hit
and run. Well that could be serious.
Even if they were mitigating circumstances.
Yes, but other things too. The witnesses
claimed that I didn't stop at a stop
sign. That I passed right through it.
Now that's not true. But that's what
they say. Any witnesses on your side?
Yes. Who? Me. Jerry, what's the what's
the sentence for that kind of a crime?
You're talking about two crimes. Hit
and runs a felony, passing a stop signs a
traffic violation. This would be
serious for the victims critical. How is.
he? He's got a concussion but
they say he's gonna be alright.
But Stella that's a that's a different
story. If she knew what was going on.
And she doesn't? No, the hospital's keeping
the newspapers away from her. But if I had to
go to jail I couldn't hide that fact
very long. And you're positive you
stopped at that stop sign? I stopped.
I stopped. That's what's so crazy about
this whole thing. Now five witnesses
go to the district attorney's office and
swear that I didn't. How do you figure
a thing like that, Jerry? You don't know
any of these people. Never saw any of
them before in my life. Now how did they
see something that never happened?
Mike, I'm not a criminal lawyer but I've
been around enough courtrooms to
know that an eyewitness can be the weirdest
animal in the zoo. Personally, I like a
good clean case of circumstantial evidence.
Five eyewitnesses can tell you the
five different stories about the same.
.. So these five are telling the same
story and they're all wrong. What's a
You leave that up to your attorney. I'm
gonna give you the name of a man I know.
I'm not hiring an attorney, Jerry. What?
No, I'm gonna defend myself. Where did you
get such a c*ck idea? Just
because you're a hotshot mystery writer.
No, I'm gonna defend myself. I've been
around courtrooms before, you know.
I just don't dream up that stuff that I
write. That has to be authentic these days.
A man who keeps his own counsel?
As a fool for a lawyer, I know, I know.
But I thought a lot about this is something
I've got to do. There are reasons, believe me.
All right, now you're Clarence
Darrow, so what do you want
from me? Talk, advice, anything you
can give me. Jerry, you've got to show me
how to shake up those witnesses. All
right, so we'll talk. Thank you. You know,
can I fix you another drink? Better put
on a pot of coffee, a big pot. And Mike,
I'm your friend, right? I'm telling you the
truth, Jerry. Maybe nobody will believe it,
but it's the truth. Mr. Anderson, you may
make your opening remarks to the jury.
Thank you, your honor. Members of the jury,
the defendant in this trial is charged with
a felony known to you as hit and run.
The case for the prosecution is a simple
one. We'll bring to the witness
stand five independent eyewitnesses.
Each one of them will give you direct
evidence regarding the accident in question.
None of these witnesses has any interest
in this case. None of them knows either the
defendant or the man who was injured,
Harold Brady. I would like for you to
listen very carefully to their testimony.
Each of these witnesses will
tell you without qualification that the
accused, Michael Barnes, was involved in a
collision between his vehicle and a
motorcycle at Holland Avenue and
Greensville Road. Pardon me, your honor.
Your honor, I've just received some
important information regarding this case.
The victim of the accident, Harold
Brady, has just died as a result
of his injuries. In view of this
development, I request that the
hit-and-run charge be dismissed.
The case can then be refiled with
the charge of involuntary manslaughter.
Mr. Anderson, are you ready to call
your first witness? Yes, your honor.
The prosecution calls Miss Penelope
Sanford. Penelope Sanford. Hold it, miss.
Raise your right hand. Do you solemnly
swear to tell the truth, the whole truth,
and nothing but the truth, so help
your God? I do. State your full name.
Penelope Sanford. Take the witness stand.
Miss Sanford, you live at 12
Ridgewood Drive in Greensville? That's
right. But on the day in question, you
were at the corner of Holland Avenue
and Greensville Road, weren't you? I was
waiting for somebody, the creep. I beg your
pardon? I was waiting for George Peabody.
And who was George Peabody? The
creep I was waiting for. Miss Sanford, I
assume George Peabody is a friend of yours?
Not anymore, he's not. All right, Miss
Sanford, so now we know why you were there.
But let's get to the accident itself.
You were the witness to what
happened on May 17? Well, I don't
remember the date, it was on a Tuesday. But
you remember the accident? Oh, it was awful.
I had to look away so as not to
see it. But you saw what happened
before you looked away? Of course.
All right. Will you please tell the court
exactly what you saw? Well, I saw
this man flying over the car and then I
didn't look anymore. But what did you see
before that? Now, please start at the beginning.
The beginning? You mean
George? No, not about George.
Miss Sanford, this is a diagram of the
intersection where the accident took place.
Would you mind showing us what
happened? Oh, sure. The car was coming
from there and the motorcycle was
coming from there. Now, when you first
saw the car, where was it? Coming
down the road. And did it stop at the stop
sign? Oh no, it went right through. How
fast? Oh, like that. And it didn't stop at
all? Not until it got in the middle of the
road. That's when the motorcycle hit it.
Well, how fast was the motorcycle
going? Oh, but pretty slow, I think.
He was very cute. Who was? The
boy on the motorcycle. I saw him before
the ambulance took him away. Thank you,
Miss Sanford. I have no further questions.
Mr. Barnes, do you wish to cross exams?
Yes, Your Honor. Miss Sanford, you were
standing on the street across from a place
called Harry's. Oh yes, I always stand there.
I mean, it wouldn't look very
good standing in front of a bar. Yes.
Now, Miss Sanford, you told Mr. Anderson
that you looked up and you saw this
motorcycle driver flying over the car.
Is that right? Yes. And then you turned
your head away. That's right.
Miss Sanford, are you sure that your head
wasn't turned away before the
accident? Oh no, I saw the whole thing.
Miss Sanford, do you remember what you were
thinking about before the accident? What
I was thinking about? How should I know?
Well, I mean, you weren't thinking about
the accident just then, were you? Well,
of course not. It hadn't happened yet.
Objection, Your Honor. This is not a
relevant question. Oh, it is relevant,
Your Honor. Now, the witness has just
told in detail how the accident happened.
Now, I know that it didn't happen
that way and I, I want to know
what was on her mind at the time. Well,
I'll not stop you, Mr. Barnes, but I'll
caution you not to carry this line of
questioning too far. Thank you, Your.
Honor. Miss Sanford, you spoke of a George
Peabody. Don't even mention his name to me.
Now, when you talked about him,
you called him something. What was.
it? Shall I have it read back? Will the
recorder please read back Miss Sanford's
statement? Question, and who is George
Peabody? Answer, the creep I was waiting for.
Thank you. That doesn't sound like
you liked George Peabody very much
and yet, you made an appointment to
meet him that Tuesday. Well, sure I did.
I waited on that corner for an hour and
he never even showed his face. And you
were a little upset because you were
stood up. Well, wouldn't you be? Wearing
your best dress and everything and he never
even showed. In fact, you were quite angry.
You see, we had this fight the
week before. I mean, it wasn't my fault.
George gets a quack out of
his skull at the least little thing.
Well, anyway, I went to this bash at
Freddie Drew's place and, you know,
Freddie digs me too much and George
went ape about it. Your Honor, I think I
might be able to translate.
You see, it appears that George is highly
excitable and Miss Sanford went to a
party where the host Freddie, where a
young man named Freddie paid her
considerable attention and this made
George quite angry. Is that
right Miss Sanford? Yes, sir.
Anyway, we had this fight and he
didn't call me for over a week, George
I mean, and then two hours before
the accident he gave me a bell.
A telephone call. He wanted me to meet
him at the corner of Holland and
Greensville at 6.30. And you were
waiting there, growing considerably
more angry when the accident occurred.
That's right. And you were pretty busy
thinking about George too, weren't you?
And I'll say I was, oh boy, the things
I was going to tell him. Yes, you were
dreaming up all the things you were
going to say to George when you saw him
and you weren't thinking about
anything else, now were you? You
just wait till I see him. You
didn't notice people or cars or
motorcycles or anything.
Oh, but I did, I couldn't
help hearing that. You
couldn't help hearing that
accident, now could you?
Oh no, it was an awful crash.
That was the first you knew of
the accident, the sound of the
screeching brakes and that's when you
looked up. I don't think it was that way.
Isn't it true that you only think you
saw the car go through that stop sign?
Well everybody said it did, I mean all
the other people. That's right, you thought
you heard all the other people
talking about it and you believed it.
That's all, Miss Sanford. You may step
down. Your Honor, the prosecution now calls
Colonel John Hoey.
Colonel John Hoey. Yes.
In here. Just a moment,
sir. Raise your right hand.
Do you solemnly
swear to tell the truth, the
whole truth, and nothing but
the truth, so help your God? I do.
State your full name. John
Hoey. Take the witness stand.
Colonel Hoey, you live
at the southwest corner of
Holland Avenue and
Greensville Road? Yes, I do.
On the diagram, that would be about there,
wouldn't it? Right again. You were on the
outside of your house
on the day of May 17?
Yes, I was in my garden.
Will you please tell
the court exactly what
you saw on that day?
As I said, I was in my garden.
I grow roses, prize roses.
I saw a sports car speeding down
the street heading to the intersection.
How fast was that car
traveling, would you say? I don't
know how fast, fast.
So fast it couldn't stop
at the sign on the corner.
It passed the stop sign.
Yes, then this motorcycle
came west on Holland.
It was bound to be a crash.
And you saw that the
motorcycle couldn't have avoided.
it. Sir, you asked me to make my report and
I'm trying to make it. If you'll please let
me finish. Ah, Colonel, there's no need for
temper. Counselor is only trying to make
your testimony clear.
It'd be a lot clearer if
he'd allow me to tell it
my own way. I'm sorry,
Colonel, I'll try not to interrupt again.
Please go on. Well, there's not a lot left
to tell. Car went through the stop sign,
the motorcycle hit him, the driver went on.
Did the driver of the car
change his speed through all this?
Only at the last minute when
he braked. It was too late then.
And the motorcycle that was
approaching from the east,
what sort of speed was he
going at? Well, I'm not sure.
Moderate, I'd say. But
not so moderate that
he couldn't have avoided the
crash? Question of ballistics.
He couldn't have avoided the car any
more than a b*llet can avoid a target.
The sports car was
right in front of him.
He shouldn't
allow a car like that.
They should keep it on a
racing track. Shouldn't allow
him in the streets. Just one more question,
Colonel. Have you known either the accused
or the injured before
or after the accident?
That's two questions. No,
it's four as a matter of fact.
Answer them all, please.
No, no, no, no. That'll
be all, Colonel. Thank you.
Mr. Barnes, do you wish to cause an exam?
Colonel Hoey, I hope you won't take offense
at what I'm going to ask you. Your
Honor, I object. I'm afraid that is not the
prerogative of a witness, Colonel.
This man was the driver of the sports car.
I see no reason. It's perfectly legal.
Mr. Barnes has chosen to act in his own defense.
Now, you will answer his questions just
as you did Mr. Anderson's. Thank you, Your.
Honor. Colonel, I'd like to repeat what
I said. I don't mean to be offensive, but.
well, I noticed that you're lame.
I've only got one leg. Oh, I'm sorry.
I didn't know that. By any chance, did
you lose that leg in an auto accident? I
seem to have such a prejudice against
sports cars. I was just looking for a
reason. Is that a question? No, no, merely
an observation. Colonel, would you mind
telling me what you were thinking
about when you were in your garden?
Thinking what business is that of yours?
Well, you must have been thinking
about something. You said you
saw my car driving down the street.
And what were you thinking about just then?
I was thinking about how fast it was going.
And that's all? I was also thinking
about my roses. Your prize roses.
That's right. You're very proud of your
roses, aren't you, Colonel? Anything wrong
in that? No, no, of course not. Colonel,
you're a widower, aren't you? That's correct.
You don't have any children? No.
You don't seem very sure about that
answer, Colonel.
I have no children.
Did you ever have any
children? Your Honor, this
man is out of order. It seems to
me Answer the question, Colonel.
Yes, I had a son. Oh, and what happened to
him, Colonel? He was k*lled. I'm sorry, was.
he in the w*r too? No, he was
k*lled when he was three years old. I.
see. You must think of him often,
don't you? Perhaps you were even
thinking of him at the time of the
accident. Colonel, I'm sorry to have to
ask you this, but how did your son die?
One of your sports cars got him.
We now take time out to hear from an
unscheduled witness, your local station.
We've asked him to limit himself
to the bare facts of the case,
but unfortunately he is a garrulous
fellow, so I'm afraid you're in for some
extraneous details. Oh, back so soon,
I thought you'd become lost among all
those commercials, announcements, bulletins
and reminders. Just in case you may
still remember what happened in the
first half of our story, we present one
more distraction. Mr. Stewart,
we've been hearing a lot about faulty
observation in this trial. Do you feel that
you saw the accident clearly? Absolutely.
You feel that your powers of
observation weren't impaired on the
day of May 17? Not in the least.
You weren't preoccupied with romantic
problems? I've been happily married
for 24 years. And you're not prejudiced
against sports cars? No. As a matter
of fact, I gave my son a sports car on
his 21st birthday. Mr. Stewart, since
Mr. Barnes is bound to ask this question,
perhaps you can tell me what you were
thinking about at the time of the accident.
Nothing at all, except maybe
about the fool who caused it.
You were in your own car at the time? Yes.
I came up right behind him. How close were
you to the actual collision? I would say
about 25 yards. Then you were able to
observe the accident? Oh, I saw it all
right. I saw the motorcycle coming from
the right, and I saw the sports
car stop in the middle of the road.
Then the motorcycle hit the car
and the driver went over the top.
What did you do then, Mr. Stewart? I put
on my brakes and got out of my car to help
the man. And the sports car? It just
drove away. You mentioned the fool who
caused the accident. Well, let's be
more charitable and call him the man.
Which man did you refer to, Mr. Stewart?
Why that one, of course. That'll be all,
thank you. Defense
may cross-examine. Mr.
Stewart, it looks like
like the prosecution has
sort of stolen my thunder, hasn't he?
I mean, after all, we now know that you
weren't thinking about anything
at all, don't we? That's right.
It's not a little unusual. I mean, I may
be peculiar, but I know that I can't keep
from thinking, no matter what I'm doing.
Now, right now, for instance, I'm thinking
about that tie that you're wearing,
the corn on my right foot, and the
temperature in here. I was thinking
about my driving. You always keep your
mind on your driving? Yes. That's
why I've never had an accident. Mr.
Stewart, how fast was your car traveling
behind me? Maybe 40 miles an hour.
And you had no trouble stopping at the stop
sign, traveling at that speed? I reduced speed
when I saw the stop sign. Oh, we
just told the court that you put on your
brakes when you saw the accident.
I didn't say that. Oh yes, but I think you
did. Your Honor, may I have that
statement read back, please? Please read
that part of Mr. Stewart's testimony.
Mr. Stewart, the motorcycle hit the car
and the driver went over the top.
Mr. Anderson, what did you do then? Mr.
Stewart, I put on my brakes and got
out of the car. I meant it. I put on my
parking brakes. I'd already stopped
the car. Isn't it possible that you hadn't
braked at all? That you only put
on the brakes when you saw the
motorcycle? And that you were so
busy stopping your own car that you
didn't see anything? Not anything
at all? No. I saw the whole thing.
Your car did not stop
at the stop sign. And the
accident was due entirely
to your careless driving.
Thank you, Mr. Peterson. That's all I
wanted to know. Oh, just one moment, Mr.
Peterson. Mr. Barnes may have some
questions. Mr. Peterson, I'm sorry to
disturb you. Oh,
that's all right.
Mr. Peterson, your story
seems to be the same
as everyone else's. Shows it must be
true then. Either that or you're all wrong.
Mr. Peterson, you've testified here
in court that you were coming out of a
tavern called Harry's when you saw the
accident. Did I say that? Yes. Would you
like to change your testimony? No, no, no.
I was either coming out or going in,
one or the other. Well, it might be
important to know which one it was.
Now, if you were coming out and you
were facing the street, but if you were
going in, then you must have been
facing the door. Not necessarily. How do
you mean? I mean, sometimes I've come
out facing the door. You mean you've been
evicted from Harry's? Oh, no, I
wouldn't say that. Were you ever thrown
out of the tavern? No, no, I wouldn't call
it that. Sometimes I have been assisted out.
Were you assisted on May 17th?
No. My leave was purely financial.
Pockets was empty. Well, how many
drinks would you say that you'd had?
Well, I'd say one or two. My old lady asked
me. Well, I'm asking you, Mr. Peterson.
Oh, in that case I'd say five or six.
And were you seeing things pretty clearly?
Young man, when I start seeing things, I
stop drinking. Well, I mean seeing things
like on the street, the accident. Oh, yeah,
I saw that all right. You saw that very
clearly? No, thank heavens, no.
Mr. Peterson, you gave the court a pretty
detailed picture of what happened. Did I?
Yes. Now, isn't it the truth that you
were intoxicated when you left Harry's?
I should hope so. That you had five or
six drinks at the bar and you were
just plain drunk? Now, isn't that right?
I like the other word better. Intoxicated?
Yeah. And then you couldn't give a
detailed picture of exactly what
happened? I did my best. Mr.
Peterson, this is very important. Now, did
you or did you not see that sports car stop
at the stop sign? I guess I can't
remember that part. All I remember is
this fella going
through the air.
It was sober in sight. So I
just went back in to Harry's.
Back in to his
prison. That's all.
There's no use
congratulating yourself, Mike.
Peterson doesn't make that much difference.
Yes, but you heard him. Now, what kind of a
witness is that? He admitted he was drunk.
Anderson never expected Peterson's
testimony to count for much.
He figured he didn't need it. But that girl
Sanford and the colonel, don't
you think the jury knows what kind of
witnesses Anderson has collected? You're
forgetting Stewart. Never mind what you
think he is. He's a strong witness,
a man who sticks to his testimony.
And he's got a reputation. Hello. Oh,
yes, doctor. Yes, yes, yes, I understand.
Well, I'll, I'll be here the rest of the
evening, but I won't be here tomorrow.
Look, if nothing happens between now
and then, can I call you? Okay. All right,
thank you. Stella, she's in the labor
room. Could be another false alarm. I know.
Mike, you've got to keep your mind out of
the hospital. Get it back to the courtroom.
Last witness tomorrow.
Miss Joanne Dowling.
Your name is Joanne
Dowling? Well, not exactly.
Well, how do you mean? Well, that's my
maiden name. I was Mrs. Walter Brooks.
Pardon me a moment,
counselor. Miss Dowling, do I
understand that you were separated
from your husband? We're divorced.
I see. Proceed, counselor.
Miss Dowling, would
you please tell the court
exactly where you were and what you saw on
the day of the accident? I was standing at
the bus stop when it happened. When did you
first see the car? Before it came to the
intersection. And did
it stop at the stop sign?
Yes. Miss Dowling, I
asked you if the car stopped
at the stop sign. And
she said yes, you heard
her. Will you please
let me conduct my own
examination, Mr. Barnes?
I want to make sure
that she understood the
question. Miss Dowling,
did you understand my
question? Well, you asked
if the car stopped at
the sign and I said yes.
Are you absolutely
positive? I think so.
You think so? Yes. You
think so, but that doesn't
show that you're absolutely
positive, does it? Well, I.
.. Your Honor, in
view of Miss Dowling's
deposition, I wish to treat
her as a hostile witness.
Very well, counselor.
Miss Dowling,
do you know what a deposition is?
It's a statement you made before the trial.
Yes. Do you know the
accused, Michael Barnes?
No. Do you know the
rider of the motorcycle?
No. Have you spoken
to either of them? No.
Or to their lawyers?
No. Do you remember the
statement you made to the police before
the trial at the time of the accident?
Yes. But you don't remember it very
well, do you? You've changed your mind.
Have I? Please let the
witness read her statement.
Is that your signature,
Miss Dowling?
Yes. Well, which is right? What you
said then or what you're saying now?
What I say now. Why? Well, because it is.
I must have made a mistake before.
That's all. Any questions, Mr. Barnes?
No, Your Honor.
Well, don't you even want to ask
the lady what she was thinking about?
No, thank you, Your Honor.
Well, I believe I will.
Tell me, Miss Dowling, what were you
thinking about at the time of the accident?
Do I have to say? Oh, yes, I'm afraid so.
I was thinking about my baby.
Oh, I see. Well, what about your baby?
Well, he was going to be adopted.
You were married how long? Six months.
My husband, he wasn't any
good. So you divorced him.
But couldn't you keep your baby?
My parents didn't want me to.
He said I was too young.
He said I'd never find
anybody else if I was
tied down with a baby.
I didn't want to have him adopted, but they
seemed to think it was the only answer.
Has he been adopted? No.
That's where I was going
the day of the accident
to see the lawyer about
the consent agreement.
Did you sign the agreement?
No, I never got there.
I was so upset by the
accident that I just went home.
Oh, I see. Well, have you
signed the agreement since then?
No, I called him the next
day, but he was busy.
He said he wouldn't be able
to see me for another week.
A whole week.
And that baby was with
you during that entire time?
Yes.
Tell me, did you ever
get to see this lawyer? No.
I finally called him and told
him I wouldn't go through with it.
I love my baby, your honor.
What about your parents?
Well, they love him too now.
Well, the truth is that if it
hadn't been for this accident,
that baby wouldn't be yours right now.
Isn't that right? That's true.
Yes, you could almost say
that Mr. Barnes did you a favor.
I mean by having the accident when he did.
I suppose so.
Mr. Barnes, do you wish to call
any witnesses for the defense?
Only one, your honor, myself.
Raise your right hand.
Do you solemnly swear to tell the truth,
the whole truth, and not let
the truth so help the God? I do.
Would you like to
make a statement, Mr.
Barnes? Yes.
I just want to say that
I'm innocent of this charge.
The accident was not my fault.
I'm sorry that it happened,
but it just wasn't my fault.
That's awesome.
One moment, please.
Your honor, since Mr. Barnes
has placed himself on
the stand, I'd like the
right of cross-examination.
Very well, counselor.
You're a fiction writer, Mr.
Barnes? Yes.
Crime fiction, I believe.
Yes.
Well, all we're interested
in is facts, Mr. Barnes.
You know the stop sign at the corner of
Holland Avenue and Greensville Road?
Yes.
But at the time of the collision
between your car and the motorcycle,
did you or did you not pass that stop sign?
Look, I've made my statement.
I'm innocent of the charge.
The accident was not my fault.
Answer the question.
That is my answer.
I'll repeat it.
Did you or did you not
pass that stop sign? Well, Mr.
Barnes.
I
I refuse to answer
that question on the
grounds that it might
tend to incriminate me.
Your honor, I think this witness
is confused about his rights.
Yes, Mr. Barnes.
You must answer the question.
But, your honor, I don't
have Yes, you do.
You see, by taking the witness
stand of your own volition,
you have waived your privilege of
the Fifth and Fourteenth Amendment.
You will answer Mr. Anderson's questions.
I can't answer it.
Then you refuse to testify.
Mr. Barnes, I must warn you.
Refusal to answer may place
you in danger of contempt.
I've said what I have to say.
I see.
But you won't give this
court a simple yes or no
about whether or not you did
or did not pass that stop sign.
No further questions.
Mr. Barnes, I am going
to refer a transcript
of this trial to the
District Attorney's Office
to determine whether a charge for
contempt should be placed against you.
That's all, you may step down.
This court will now adjourn
until 10 o'clock tomorrow morning.
Well, it isn't George Peabody.
Hi, Penny.
I didn't expect you tonight.
Why not?
I wouldn't even talk to
you after the way you acted.
To the way I acted?
Why, that's a laugh.
Because you stood me up, didn't you?
Me? I was there all right.
No, you weren't.
Well, yes, I was.
But I figured you didn't want me around.
What you're talking about?
Well, I showed up just like I said.
Only I saw you on the
corner with Freddie Drew.
Hey, George, that was
just like a coincidence.
I mean, he was just passing by.
You seem pretty friendly to me.
No, listen, I did Freddie
the least, you know that.
Anyway, you shouldn't have walked away.
There was a real crazy
accident on that corner.
I know.
I'm a witness at the trial.
No kidding.
The guy who was driving the
car is acting like his own lawyer.
Did you ever hear anything so square?
Only he'll probably go to jail on account
if he went right through this stop sign.
Oh, no, he didn't.
Oh, yes he did.
Everybody saw him.
He went right through this stop
sign and then the motorcycle hit.
He didn't go through the stop sign.
He stopped the car first.
You mean you
really saw it? Sure.
It was a cream colored sports car.
He stopped at the sign
and then crossed the road.
This nutty motorcycle ran right into him.
Well, gee, why didn't you go to the
police when they were asking for witnesses?
Nobody asked me.
Come on, let's twist.
Now, wait a minute, George.
I mean, if you really saw it, well,
that means that everybody was wrong.
Sure they were wrong.
They just weren't looking.
Well, you ought to tell somebody.
I mean, the poor swab's going
to jail and he's kind of cute too.
Come on, let's go call him.
No, no, not me.
But you've got to, George.
It's only right.
I don't want to get mixed up in here.
All right, then don't.
But I bet Freddie Drew
wouldn't act like that.
Well, okay if it means that much to you.
Oh boy, I bet your name
will be in all the papers.
The jury's coming back.
Will the foreman of the jury please rise?
Has the jury reached
its verdict? Yes, we have.
Do you find the accused, Michael
Barnes, guilty or not guilty? Not guilty.
Lucky man, Mike.
You don't know how close
you came to conviction.
The only time you could have
seen that new son of yours
would have been on
visitor's day in the pen.
See, the nurse said he
should be right around here off.
Of course, you still might end up
there if that contempt charge holds.
You don't mean that.
I've been trying to tell you.
A friend of mine in the
DA's office tipped me off.
There won't be any charge.
That's swell, Jerry, that's swell.
Of course, if it hadn't
been for George Peabody,
I wouldn't have given a
nickel to your chances.
That did look pretty bad,
didn't it? Name, please.
Barnes, Michael Barnes.
That's my name.
We haven't named the baby yet.
I still don't understand you though.
Why couldn't you answer the question?
Why did you take the Fifth Amendment?
I'll tell you why, Jerry.
Because I didn't want to commit perjury.
Perjury?
Well, you said you were telling the truth.
I was.
But if I'd had to testify under oath about
that day, I'd have had to commit perjury.
There was just no other way.
You're still not making any sense, power.
Why couldn't you testify?
Look, you know Stella.
You know how truthful she is.
What Stella got to do with it?
Stella was sick.
Jerry, you were quite right
about those eyewitnesses.
You couldn't have been more right.
None of them really saw the accident.
In fact, they didn't even
see who was driving.
You see, I wasn't in that car at all.
It was Stella who had the accident.
There is sad news about my new key club.
It has become even more
exclusive than we planned.
The sheriff is now our only member.
We've been padlocked.
I shall be back next
week with another drama,
scenes of which will
appear in just a moment.
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