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Will you sign here Mr. Livingston?
Would you like us to mail you your monthly statements
- or will you pick them up here? - I'll pick them up.
And how much will you open the account with?
One hundred dollars.
Well, perhaps you would prefer to take advantage
of our special checking account for people who don't expect
to maintain very large balances?
There will be a large balance.
You will receive in excess of $20,000
each week during January.
By the second day of February, my balance will exceed $100,000.
Oh, uh, yes, sir.
Will you excuse me?
One hundred and twelve thousand dollars?
Uh, this closes out your account, Mr. Livingston.
Right.
But, uh... But you just put the money in
during this past month.
Uh, it's all right, Phil. It's okay it for cash.
You can honor the check.
Yes, sir.
Uh, how would you like it, sir?
In my briefcase.
I'm sorry, Sylvia.
No matter how many times you try,
I'm going to contest the divorce.
You're forcing me to do something very distasteful.
You gave me a block of Nelson Company stock
when we were married four years ago.
What about it?
There's going to be a stockholders' meeting
the end of this month.
I'm going to give my proxies to Frank Avery.
You know Avery and I are having a fight over control.
Your proxies might swing it for him.
Yes, I know.
He's just waiting to milk the company dry. He'll ruin it.
It's my company. It's been in my family for three generations.
Yes, I know.
And yet you'd do this just out of spite?
Out of desperation.
It seems the only way I can force you
to give me my divorce and my settlement.
All right, Sylvia.
I'll give it to you.
My lawyer says we need a witness.
Arthur, will you come in a minute, please?
Who's the man, Sylvia?
There is no other man.
Why is it ever husband seems to think there's always another man
when his wife wants a divorce?
Perhaps to soothe his ego a little?
Here are the proxies.
Yes, sir?
Oh, Arthur, I'll, uh...
I'll need your signature for something.
You sunk pretty low, Avery,
going behind my back to get my wife's proxies.
Did I do that?
It won't do you any good.
I've got them,
and since the other stockholders vote with me,
that means you're finished.
Now?
Now.
Well, I was under the impression the Board has to vote me out.
That's merely a formality.
But so much can happen
between now and the board meeting, Nelson.
Uh, by the way, uh, how's the divorce going?
I understand your wife is asking
for a tidy financial arrangement.
I think I'll stick around.
Your tricks won't do you any good,
so why don't we make this
as painless and pleasant as possible?
Oh, when the time comes, I will.
Doniger?
Yes, Mr. Avery?
What we were talking about earlier today,
go ahead with it, Doniger. Check the books.
But going through the whole month of January
is going to be a long job.
I don't care how long it takes,
just so it's done before tomorrow morning.
Yes, Mr. Avery.
Norma.
Morning already?
Oh, well of course, Mr. Doniger. Everybody's here.
Oh, gee, you look tired.
Yeah, I guess I do.
Norma, I found at least six errors here
all pointing to the fact that you still can't add.
Oh, isn't it terrible?
Is that why you were up all night?
Then it's true, isn't it.
What is?
They say there's a...
There's a big fight on
between Mr. Nelson and Mr. Avery
and that the company's gonna suffer. We may all get fired.
Nobody's going to get fired.
And I don't you to listen to any more of that kind of talk.
Well, I bet it's all because of Mrs. Nelson.
Well, she has nothing to do with this.
Well, the things I've heard about her.
Mr. Doniger, you've been to see her a couple of times
and, well, did you ever see...?
Well, you know, another man there?
Norma, I...
Of course I've never seen another man there.
You'd better pay a little more attention to your own work
and less to other people's business.
Now, as for anything wrong happening here,
I've worked here almost 20 years.
I've known Mr. Nelson all that time.
He's not going to let anything happen.
Well, I believe you, Mr. Doniger.
Yes.
Now, you run along.
Morning, Siddons.
Doniger. Mr. Nelson in yet?
Mm-hm.
Good morning, Robert.
Mr. Nelson.
Mr. Nelson?
You look as if you've been up all night.
I have, sir.
You have? Why?
I've been going over the books company and records,
Mr. Nelson.
Why?
One hundred and twelve thousand dollars
of the company's funds is missing
and unaccounted for, sir.
What?
There are five checks totaling that amount
made out to someone by the name of, uh, George Livingston.
Is he one of our suppliers?
No, sir.
Then why did we pay him?
I don't know, sir.
Who authorized the payment?
You must have, Mr. Nelson.
You signed the checks.
Now, you certainly must remember signing these checks.
I sign a hundred checks a day automatically
without even looking at them.
Carelessness doesn't relieve you of responsibility.
I know.
It's all Avery's doing.
I don't know how he engineered it, but he did.
He's stolen $112,000 from the company.
Now he's put the blame on me and he'll go to the stockholders
and tell them I'm the thief.
There are some avenues we can explore.
The bank, the possibilities of who could have put the checks
on your desk for signature.
The office girls do, Doniger does, Arthur does.
I'll tell you, Mason, I've been going almost out of my mind
these last couple of hours.
I've even tried to think of ways of putting my own money in
to make up the deficit.
No, that would have been almost an admission of guilt.
Ah, I can't do it anyway.
My wife has frozen all my funds.
And they will be until we effect a legal settlement.
Let's see if there isn't something we can do.
A professional investigation
of this mysterious George Livingston
might turn up something.
I'll want to talk to your accountant, Mr. Doniger.
I sent him home early. He was up all night.
Mr. Doniger. Mrs. Nelson.
I... Well, I... I've been walking around for over an hour.
Can I talk to you?
Of course. Come in.
What's the matter, Mr. Doniger? Is something wrong?
With Mr. Nelson.
Did he send you here? Oh, no, no, no.
He doesn't know I'm here.
He's in financial trouble.
You can help him out if you'd release his money.
Oh, that's out of the question.
It... It will be helping the company too, Mrs. Nelson.
I'm sure it will.
I don't know any company or any person
that can't be helped out with money, including me.
Goodbye, Mr. Doniger.
Pat?
Hi, honey.
When did you get here? I didn't expect you.
About an hour ago. I thought I'd surprise you.
Oh, Robert, you look so exhausted.
You're very good to me.
I like taking care of you.
Well, I'll get on with the dinner.
Hello, Mr. Doniger. I, uh, got off work early.
Norma, I'm very tired. If it isn't important...
Oh, it's very important.
It's, uh... It's about $56,000.
What?
Well, that's just half of the 112,000 you stole.
See, I... I found the torn pieces in your wastepaper basket.
I'm not very bright, as you know,
but I wondered why you'd want to practice signing
"George Livingston" with your left hand.
Then... And then the office started buzzing
with the news this morning and I suddenly realized that...
Well, you know?
Can I talk to you about this later Norma?
Oh, sure, sure.
But I just want you to know something.
This will be our little secret.
As long as we have something in common...
like all that money.
Half and half.
So you think it over, huh?
Yes. Yes, I will, Norma.
Robert?
You stole $112,000?
For you.
But why?
To give you all the things you've never had.
But I have you.
Don't you see, Pat?
Things I'd never be able to give you.
I thought we'd wait a while. Maybe a year.
Then we'd take a trip around the world.
See New York, London, Paris together.
There's so many things I want you to have.
Oh, Robert.
I don't need it.
I don't want it.
Give it back.
I was going to.
When I figured out how to steal the money,
I thought that Mr. Nelson could make up the deficit
and it wouldn't hurt.
And then?
And then I found he couldn't and it would.
His wife has the money all tied up
and she wouldn't release it.
So...
I couldn't keep the money anyway.
I have to give it back.
Oh, Robert.
I love you for wanting it for me.
But I love you twice as much
because you're going to give it back.
Well, let's get some dinner. We can come back later.
Wait a minute. Perry, look at the door.
If he doesn't want to be disturbed, why is it open?
Stay here, Della.
He was shot to death.
Small hand.
Samadhi. What's that?
A new perfume.
It smells like that, anyway.
Well, I have to call the police.
Hello, Nelson.
He was that way when I found him.
I got here just before you did.
Who is he? Doniger?
Doniger,
alias George Livingston.
When I returned his call, he told me he'd stolen the money.
The looks of the room, whoever killed him has it now.
Or was looking for it.
Who knew you were coming here?
I knew, Mr. Mason.
Well, Mr. Mason, aren't you going to call the police?
What I found out about George Livingston
only ties in with what happened.
And the description of him I got at the bank
would fit Doniger if Doniger wore a hat, coat, glasses
and a walrus moustache.
Well, in that getup, almost anybody would fit.
Well, there's no more guesswork, anyway, Perry.
Tragg has a witness confirming the fact
that Doniger was George Livingston.
Oh, who's the witness?
I don't know. He's under wraps. Identity unknown.
I'd follow through on that, Paul.
That glove. It means a woman. Check that out.
What else at headquarters?
Mm. I found out they didn't find the money.
Still have Nelson down there?
Uh-huh. And they're still questioning him.
Material witness.
They should have released him by now or booked him.
Did he ever tell you what he was doing in Doniger's apartment?
Doniger phoned Nelson and left a message.
When Nelson returned the call,
Doniger confessed stealing the money.
Paul, I'd like you to continue your investigation
of the firm personnel. Include Sylvia Nelson
and find out if she's been running around with another man.
All right.
Della, after I've gone, call Lieutenant Tragg
and ask him if it'll be necessary for us
to get a writ of habeas corpus for Edward Nelson,
or is he gonna release him?
After you've gone where?
I'm going to the Nelson Company offices.
Oh, can I help you?
Thank you. Uh, I'm looking for Mr. Nelson's secretary.
Oh, Mr. Siddons. Yes, well, he's right over there.
Thank you.
Mr. Siddons? My name is Mason.
Where's Mr. Nelson? I understand you're representing him.
Well, last I heard, he was down at police headquarters.
I hope he'll return here shortly.
You, uh, work late last night?
Well, I came back after dinner to work quite late.
Mr. Doniger was killed between 5 and 5:45.
What time did you leave the office for dinner?
About 5, perhaps a few minutes after.
I'd left a message for Mr. Nelson
telling him that Doniger had called.
And what time did you return?
Roughly, again, uh, about a quarter to 6.
And the message you had left for Mr. Nelson?
He had picked it up.
Was a Mr. Franklyn Avery here in the office when you left?
I don't know.
Was he here when you returned?
I don't know that either.
Why would Mr. Avery have, uh, gone to Doniger's apartment?
Well, I didn't ask him, but, uh, to be quite fair about it,
Mr. Avery wanted to use the theft as a weapon
to force Mr. Nelson out of the company.
We're not on the best of terms.
I suggest you talk to Mr. Avery yourself.
Well, I have.
He offered nothing.
Nothing remotely civil.
Sounds like him.
So it does.
So it does. Well, that's quite a trick.
Materializing behind a person's back?
And this is the second time I've done it now, isn't it?
Yes, it is.
You see, I also eavesdrop whenever I can.
I'm no sportsman. I don't like competition.
I, uh, came back here last night
and saw you drafting this letter,
so I know what you're doing, Siddons.
I'm still working for Edward Nelson.
Well, you hang on to his coattails,
even though they're flinging into the gutter.
I could end up there anyway with you in control here, Mr. Avery.
What are you doing, Mr. Siddons?
Well, these are requests for proxies
for an upcoming stockholders' meeting.
Oh, I see.
Well, thank you for your time.
That was Perry Mason, wasn't it? You know, he spoke...
Norma. Oh, did I do something wrong?
No, no, no, no. These letters contain a complete explanation
of Mr. Nelson's position on the theft
and I want you to get them out immediately.
Oh, yes, Mr. Siddons.
Ten, 20.
Thank you.
Yes, sir?
I'm trying to identify a scent.
I believe this is the name of the perfume. Samadhi?
Oh, yes. A heavenly fragrance
with a very sweet background.
Rather oriental.
And yet the character is down-to-earth,
don't you think?
Are these, uh, perfumes very expensive?
Expense is relative.
We carry only the very best.
I wonder,
do you have a customer by the name of Robert Doniger?
The name is familiar.
Would you mind checking on it for me?
Yes, I can check the last several weeks.
Um,
Doniger. Doni...
Robert Doniger. Here it is.
Oh, he's made several purchases.
Mm. Did he take them with him?
Well, the last one he had delivered
to a Patricia Martin.
Yes, Mr. Mason. Robert stole the money.
He thought he needed it to...
To win me.
When did you find out that he'd stolen the money?
I overheard them talking. I was in the kitchen
and I couldn't believe it.
So after Norma left,
I went out and asked him about it.
Norma?
Norma Williams, the girl from his office.
She wanted to blackmail Robert, Mr. Mason.
She wanted half of the money to keep quiet.
And what did Mr. Doniger have to say to that?
He told her he wanted to think about it.
After she left,
Robert told me about how he stole the money.
And then?
Then he called the office to tell Mr. Nelson.
Do you remember what time this was?
About half past 4. But he didn't speak to Mr. Nelson.
He was out.
Then he called somebody by the name of Avery.
Oh? Did he speak to Mr. Avery?
Yes. He told him he, and not Mr. Nelson,
had stolen the money.
He told him he was going to confess to the whole thing
and give the money back.
What time did you leave his apartment?
Right after his call to Mr. Avery.
Did you actually see the money, Miss Martin?
Yes. He had it in his briefcase.
You know, the police did not find the money
in Mr. Doniger's apartment.
Yes, I know they didn't.
Then you've told the police all this?
Of course, Mr. Mason.
And I'd tell anybody anything
if it would help catch the person who murdered Robert.
Della, will you come in please?
Yes, sir. Be right there.
Edward Nelson was released at 1:00.
He said he'd go home and shower and shave
and then he'd come in. Fine, Della. Paul call in?
Mm-hm. Nothing to report except he put on three men.
Oh, and he said indications are that Robert Doniger,
despite his dull appearance, had quite a way with women.
Oh?
I'll want Paul to check out Norma Williams.
She works in the Nelson Company.
There's someone waiting to see you.
Uh, Mrs. Sylvia Nelson.
Have her come in.
Mrs. Nelson, will you come in, please?
Mr. Mason.
Won't you sit down, Mrs. Nelson?
Mr. Mason, you must know
that Edward and I have agreed to a divorce and a settlement.
I would be glad to talk to you
about your husband's case, Mrs. Nelson.
But I cannot discuss your divorce in any way,
except in the presence of your attorney.
Well, I'm not concerned with legal ethics,
particularly since I've decided
to withdraw the divorce action.
I can't add
to Edward's troubles this way.
Well, I have the impression that Edward
will be delighted to know about this,
if he doesn't misinterpret your motives.
How misinterpret?
Well, for instance, you could be thinking
that he'll be tried and convicted of murder,
in which case all of his estate would go to you,
as his widow,
instead of just part of it for the divorce settlement.
That would be very cruel and callous of me, wouldn't it?
Uh, Mrs. Nelson.
That's a very haunting perfume you're wearing.
Is it? Yes, Gertie?
Do you mind telling me what kind it is?
All right.
I can't see what difference that makes.
You're not going to send me a bottle.
Mr. Nelson is waiting.
Gertie put him in the law library.
Mr. Nelson.
Quite a session down at police headquarters?
Yes. I think they let me go more from getting tired
of looking at me than anything else.
Do you ever buy perfume for your wife?
Perfume?
No. Why?
Did your wife know Robert Doniger very well?
Doniger? Of course she did.
Very well? Intimately?
I, uh...
I'm... I'm sorry to break in like this,
but I have a warrant to serve.
Mr. Nelson, it seems that we released you prematurely.
What changed your mind, lieutenant?
It wasn't exactly a change of mind, Perry.
Mr. Nelson's car was being serviced.
Yes, after I drove home I left it
at the service station around the corner.
And instructed them not to deliver it.
Well, what does that mean?
Well, I guess it means he didn't want it delivered,
but the service station forgot and they did deliver the car.
And guess what we discovered in the luggage compartment?
One hundred and twelve thousand dollars.
And something else we discovered.
Doniger not only stole your client's money,
he also stole his wife.
Well, I didn't think anything at all
when I found that piece of paper
with "George Livingston" written all over it.
I mean, until I heard about the money being missing.
And then I just kind of...
I don't know, I put two and two together
and all the scraps, and I went to see him.
And when was this, Miss Williams?
Wednesday. The day he was killed.
And what did you say to him?
Well, Mr. Doniger admitted he had taken the money, and...
Well, I pleaded with him to return it
so Mr. Nelson and the company wouldn't be ruined,
and he said he would give it back.
Thank you.
Oh, Miss Williams.
What time of day was this, please?
Uh, about a quarter after 4.
Cross-examine, counselor.
Miss Williams, you say you put two and two together
and reasoned that Mr. Doniger stole the money.
Why did you go to him instead of an official of the company?
Well, I liked Mr. Doniger.
And I thought maybe he'd put the money back
before anyone would know.
And besides, I didn't want him to get into any trouble.
But isn't it true that you threatened him with trouble?
I wouldn't threaten him.
Isn't it true that you tried to blackmail the decedent
into sharing that stolen money with you?
No! Of course not!
Miss Williams, when you left Mr. Doniger's apartment,
where did you go?
Home.
Do you live alone?
No, I have a roommate.
Was your roommate home when you arrived there?
Well, no. She doesn't get off work un...
Until 6:00.
Thank you. That's all.
You may step down.
Miss Martin, you were a close friend of the deceased,
Robert Doniger, weren't you?
Yes.
He was a very wonderful, warm man.
Would you tell us, please,
what happened on the afternoon of his murder?
Well, after Miss Williams left...
And I don't care what she says,
she did try to blackmail Robert.
I was right there in the kitchen!
Miss Martin.
I'm sorry. I...
I know I shouldn't talk like that.
Well, after she left,
Robert told me about stealing the money.
And did you see the money?
Yes.
He had it in a briefcase.
I see.
What happened then?
We talked
and he decided to give the money back.
So he called Mr. Nelson to tell him.
And spoke to him?
No. No, Mr. Nelson wasn't in his office.
But Robert said he'd call again.
Thank you, Miss Martin. Cross-examine.
Miss Martin, what time did you leave the apartment?
A little before 5:00.
And where did you go?
To my place.
Do you live alone?
Yes.
Now, did Mr. Doniger make any other telephone calls
after he failed to reach Mr. Nelson?
Yes. He called a Franklyn Avery.
He's the vice president of the company.
And he confessed stealing the money?
Yes, and told him he was going to put it back.
Mr. Doniger showed you the cash and then he put it, uh,
into the briefcase.
What then did he do with the briefcase?
He put it away in a drawer in the buffet.
Thank you, Miss Martin, that'll be all.
I call Arthur Siddons, please.
I received a phone call from Robert Doniger.
At what time?
Well, the first one was at 4:30.
Oh, there was more than one call?
Yes, he called back about 5:00.
But Mr. Nelson wasn't in then either.
I left a message on his desk
before going out to dinner.
And when you returned from dinner,
the message that you had left on his desk
had been picked up, is that correct?
That's right, but I don't see how it makes any difference.
Maybe somebody went into his office...
Just a second! - -and took it off his desk.
Your Honor!
I move that that outburst be stricken from the record.
So ordered.
Mr. Siddons,
as Mr. Nelson's executive secretary,
was it customary for company personnel to go in and out
of Mr. Nelson's office without invitation?
No.
And had you told anybody about the message?
No, sir.
Proceed, Mr. Burger.
As executive secretary and personal assistant,
you were in a position to know a great deal about Mr. Nelson,
weren't you? Yes, I suppose so.
And then did you know that he was about to be divorced
and that he accused his wife of being in love with another man?
I object, Your Honor.
The prosecution is leading the witness with improper questions.
I withdraw the questions, Mr. Mason.
Your witness.
Mr. Siddons, about that telephone call.
Did he say anything about the missing money?
Yes. He said he had to talk to Mr. Nelson about it.
Did he tell you that he'd stolen the money
or that he had the money in his possession?
No, sir.
Thank you, that'll be all.
You may stand down, Mr. Siddons.
Well, yes. You see, my mother's the manager of the building
where Mr. Doniger had his apartment.
Well, now, I usually don't pay any attention,
but I was waiting out in the hall just then for my date
and I saw this lady.
What lady? Well, her.
Mrs. Sylvia Nelson.
She a beautiful mink coat on. Just beautiful.
Yes, and what time was this?
Well, this was just about 5:30,
because that was the time of my date.
I see. Uh, then what happened?
Well, then this man came in through the front
and said, "Sylvia!"
Was that all he said?
Well, he managed to get out,
"Have you been seeing Robert Doniger?"
But she just sailed right on out out past him
without even looking at him or answering him.
And what did the man do then?
Well, he just kind of stared after her, thinking like,
then he got into the elevator and went up.
Now, would you look around this courtroom, Miss Ford,
and tell us if you see that man here?
Well, sure. That's him right over there.
The one that's on trial. Mr. Nelson, his name is.
Thank you, Miss Ford.
Your witness.
Miss Ford, how long did you remain in the hall?
Oh, no time at all, because just then
my Wednesday-steady came and we took off.
Your Wednesday-steady?
Well, sure. My steady on Wednesdays.
That'll be enough, thank you.
Yes. This is the murder weapon.
Registered to the deceased, Robert Doniger.
Thank you, lieutenant.
I show you now this glove and ask if you can identify it.
Yes. It has my mark on it.
It was found in the murder room.
You had it examined, of course?
And analyzed by the police laboratory.
And this bottle of perfume, do you recognize it?
Yes, that has my mark on it too.
Did you have its contents analyzed?
Yes, sir. The police laboratory found
that the perfume in this bottle
matched characteristics of the perfume on the glove.
I see. And where was this bottle found, lieutenant?
Well, when we made a search of the defendant's home.
Thank you. Now, in connection with that same search,
I show you this pair of gloves.
Yes, they also bear my identifying mark.
They're the property of Mrs. Sylvia Nelson.
They were found in her home.
They are the same size and make as the single glove.
This pair is grey, the other pair, black.
And this sales slip, of course. Yes, sir.
Two pairs of gloves, black, grey,
purchased by Mrs. Sylvia Nelson.
Thank you, lieutenant.
And, finally, I show you this briefcase,
and ask if you can identify it. Yes, sir.
It was secreted in the luggage compartment
of the defendant's car.
And when it was found in the defendant's car,
what were its contents?
A hundred and twelve thousand dollars.
Thank you, lieutenant.
If it please the court,
I offer these items:
this gun, this single glove, this perfume bottle,
this pair of gloves, this sales receipt
and this briefcase, which contained the money.
I ask that they be entered in evidence,
and marked for the people Exhibits A, B, C, D, E and F
respectively, and in that order.
No objection.
Thank you, counselor. Your witness.
Lieutenant, when you arrived at decedent's apartment,
you found the defendant there?
Yes.
You made a search of the decedent's apartment?
Yes. You did not find the money
or the briefcase in that apartment?
No, no.
But you did find the money and the briefcase
in Mr. and Mrs. Nelson's car? That's right.
Thank you, lieutenant. That'll be all.
You may step down.
What were you doing at Mr. Doniger's apartment
the day he was killed, Mrs. Nelson?
I went there on business.
What business?
Mr. Doniger had come to me earlier
to ask me to release Edward's funds.
I was rather short with him.
So I went to his apartment to find out more about it.
You were entertaining the thought of changing your mind?
Yes.
Did you speak to him?
No.
There was a note on the door asking not to be disturbed.
So I left without knocking.
How did your glove get inside the room?
I don't know.
I may have dropped it in the hall.
Was he dead or alive when you found the money?
I didn't go inside the room.
And I didn't know anything about the money
at that time.
Mr. Mason, I don't have to answer your questions.
Mrs. Nelson, the prosecution contends
that your husband killed Doniger,
took the money and drove away.
That he left the car at the garage,
hiding the money in the trunk.
That he remembered that he'd seen your glove
in Doniger's room and went back to get it.
Your husband contends that Doniger
was dead when he arrived.
Now, I suggest that your husband could've returned
to retrieve the glove he recognized as yours
thinking you had killed Doniger.
Mrs. Nelson,
that may or may not be true.
But I believe your husband tried to help you.
Don't you want to help him?
Yes.
Of course.
All right, then.
What was your relationship with Doniger?
You haven't answered that.
If you're talking about a relationship
other than business,
I'll deny it.
Now, if you'll excuse me, Mr. Mason,
I have some things to do
before court resumes at 2:00.
Good day, Mrs. Nelson.
Perry.
Good afternoon, Hamilton.
Perry.
Hm. And, uh, this.
Here's a copy of the letter Arthur Siddons
has been sending to the stockholders.
And here's a background on Siddons:
College graduate, excellent tennis player, unmarried.
I haven't been able to get a line on his women friends yet.
He's certainly loyal to our client.
The letter flays Avery alive.
Well, most of what it says is true.
Avery operates by buying into a company,
then worming his way into control.
Through proxies? Whenever he can.
And, uh, other ways when he can't.
Any tie-in with Doniger?
No, not that I could turn up.
What about a tie-in with Sylvia Nelson?
Not that I know of.
All rise, please.
And then what did you say to the defendant, Mr. Avery?
Well, I said a lot could happen before the board meeting,
that he was embroiled with a wife
who was making large financial demands
and, well, actually,
I was worried.
I object, Your Honor.
Sustained.
The witness will refrain from testifying as to his feelings
and confine himself as to what happened,
what was said and what was done.
Very well. Uh, Mr. Avery,
did you tell the defendant that you were worried?
Yes, sir. I told him I was worried.
And what were you worried about?
About the business.
He just wasn't putting in the time and attention he should.
Then I was approached by Robert Doniger.
He told me some cancelled checks had come in
he couldn't justify.
Yes, we've already established that this was part
of the decedent's plan for stealing the money.
Please, let's go on from there.
Well, frankly, I suspected at the time
that Doniger was the thief,
but I still believe he had an accomplice.
Exactly what do you mean, sir?
Well, I don't believe Doniger got those blank checks
signed by accident.
I think Edward Nelson signed them knowingly.
Objection, Your Honor.
I move to strike the answer of the witness as to his beliefs.
Motion granted.
Mr. Avery, what happened at 5:45
on the afternoon of the murder?
I went to Robert Doniger's apartment.
And who was there, Mr. Avery?
Well, Edward Nelson.
And his attorney, Mason, and Miss Street.
And Robert Doniger?
Yes.
But he was dead.
So he was.
Your witness.
Mr. Avery, why did you go to Robert Doniger's apartment?
I received a telephone call from him.
What did he have to say?
He said that he had stolen the money
and wanted to return it to the company.
What time did you get that call? About 4:30.
How long does it take to go from the Nelson building
to Doniger's apartment?
Oh, I don't know. I would judge about ten or 15 minutes.
But you didn't arrive at the apartment until 5:45.
That was an hour and 15 minutes later.
That's right.
Would you please explain the reason for the delay?
I had an errand or two to take care of.
Where did these errands take you?
Oh, they had nothing to do with this case.
Will you please tell this court where you were?
Your Honor.
Answer the question, Mr. Avery.
I went to call on a man.
What man?
His name is Charles Evans.
Was he a business associate?
In a manner of speaking.
Uh, was he a...
private investigator, Mr. Avery?
Yes.
Then he can verify that you were at his office
between half past 4 and half past 5?
No. No? Why not?
He wasn't in his office.
Well, then, his secretary could verify it.
No. He doesn't have a secretary.
He was just doing a little job of checking for me.
It isn't important. It has nothing to do with this case!
Something to do with the company proxy fight, Mr. Avery?
I'll tell you what has to do with this case.
What has to do with this case is the fact
that nobody can verify where you were
at the time the murder was committed.
All right. Nobody can.
You weren't very pleased to hear Mr. Doniger confess
to stealing the money, were you?
I was happy the company would get the money back.
Oh, but you would have been happier if Mr. Nelson
had turned out to be the thief?
Well, yes.
It would've helped me get control of the company.
And it must've occurred to you that if Doniger didn't confess,
Mr. Nelson could still have been blamed for the theft.
And didn't you therefore visit Doniger immediately after
his telephone call to you? No.
No?
Was one of those errands you had to take care of
a trip to Sylvia Nelson's apartment?
No.
Hadn't you been seeing Mrs. Nelson socially,
without her husband's knowledge?
No.
Hadn't you spoken together
about getting from her proxies for her company's stock?
No.
Didn't you use a similar maneuver with the wife
of one of your fellow board members in Chicago, Mr. Avery?
A fellow board member of a concern
you later took over?
Someone had to get into Doniger's apartment
and kill him
and steal that money in the briefcase.
It had to be someone who knew that Doniger
had stolen the money.
That means someone who Doniger
had spoken to:
Mrs. Nelson,
Miss Williams,
Miss Martin,
Mr. Siddons,
or you, Mr. Avery.
It wasn't me.
In the second place, it had to be someone
who had access to the luggage compartment of the Nelson car,
Oh, how would I know that?
Perhaps a private investigator
gave you the information. No, he didn't.
Also it had to be someone who had good and sufficient reason
to sacrifice $112,000.
Someone who stood to gain much more
by nailing Edward Nelson for the murder.
I didn't!
I wouldn't get mixed up in murder.
Wouldn't you?
Your Honor, I would like to recall Mr. Arthur Siddons
in an effort to resolve this case immediately.
Mr. Burger?
I have no objection, Your Honor.
Mr. Siddons.
The witness may stand down.
Now, Mr. Siddons, at approximately half past 4
you received the first telephone call from the deceased.
Yes, and the second one at 5:00.
Then you left a message for Mr. Nelson
to the effect that Robert Doniger wanted to see him
about the missing money.
Right.
Then you went to dinner
and returned to your office by 5:45?
Yes, sir.
Did Doniger tell you that he'd stolen the money
and was going to make restitution?
No.
Or that he had the money in his apartment?
No.
You mean "no" at 4:30?
Both times.
Well, why would he tell Mr. Avery and not you?
I'm just Mr. Nelson's secretary.
I'm not an officer of the company.
Hm, that's true.
Now, I have here a copy of a letter you were sending
to selected stockholders.
It's a militant exposรฉ of Mr. Avery
and his business ethics.
I think the stockholders are entitled to know the truth
about their company's officers.
It's also a spirited defense of Edward Nelson
and includes information that the $112,000
was stolen by Doniger and not Nelson.
Yes, sir. Avery had already sent out telegrams
telling the stockholders he had proof
of Mr. Nelson's responsibility.
Yes, Mr. Siddons,
therefore haste was essential on your part.
That's right. But you prepared this letter
on the night of the murder when you returned from your dinner
to continue with your work.
Now, how did you know at that time about Doniger's confession?
You stated he hadn't told you about it.
Had Norma Williams told you about it?
Oh, uh, no.
No, those letters didn't go out till the following morning.
But the letters were written the night before?
Mr. Avery said he'd seen your draft of it.
Well,
as a matter of fact,
uh, Doniger did tell me.
Yes, yes, Doniger did.
So he told you
that he had stolen the money
and that it was in his apartment?
Yes.
Well, why didn't you write that in your message to Mr. Nelson?
I didn't think of it.
You didn't think of it?
Well, it was of vital importance to Mr. Nelson, wasn't it?
Mr. Siddons,
is it true that you were on Mr. Nelson's side
in this controversy with Franklyn Avery
over control of the Nelson Company?
Well, yes I was. Of course I was. I still am.
In the event Mr. Nelson is convicted of the murder
of Robert Doniger,
control of the Nelson company
passes to Mrs. Nelson, does it not?
I don't know. I suppose so.
Isn't that why you didn't mind sacrificing the $112,000?
It would go back to the company.
When you and Mrs. Nelson were married,
it would come right back to you.
That's not true about Sylvia...
I've tried to be so careful.
So you gave her the briefcase with the money in it
and she placed it in the luggage compartment of the Nelson car.
Then you both sat back and waited
for the law to do your dirty work.
Sylvia had no part in it.
I brought the briefcase to her.
I told her how it would work.
That she was just to let the law
take its course.
That's what's going to happen, Mr. Siddons.
The law is going to take its course.
You should have no trouble with the stockholders' meeting now,
Mr. Nelson. No.
Avery is already moving out.
Sylvia lied about not having been in Doniger's room?
She couldn't admit it even though
she had dropped her glove there, because Doniger was dead then.
But she wasn't in on the murder?
Except after the fact, Mr. Nelson.
And then she jumped in with a vengeance to involve you.
And all the while you were protecting her.
Sorry, Mr. Mason.
I should've told you about seeing her in the building.
But Burger didn't really believe
she was having an affair with Doniger, did he?
No, he didn't. Neither did I.
But it didn't matter what we believed.
If you believed that she was carrying on with Doniger,
there would've been sufficient motive for you.
She went to Doniger's room just to find out about the business?
That's right.
Well, I want to thank you, Mr. Mason.
I, uh...
I think this should cover your fee.
Hm, more than.
You're very generous.
I want to thank you again.
Good night. Good night.
Come on, Perry. You can buy us dinner
with some of that "more than."
Ah, let it ring, let it ring.
If it's important, they'll call back during business hours.
Uh...
Well, what if it's...?
Hello.
Yes, it is.
Uh, just a moment, please.
Yes, miss.
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