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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.
Hiya, Penny.
You waiting for somebody?
Not for you.
I called you to Japan Thursday, but the warden said you were out.
Hey, I'm having a big bash at my place next week.
Interested? Look, Freddy, can't you take a hint?
You know I'm going to study with George.
Is that who you're waiting for?
Will you kindly flake off?
Oh, he's 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. 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, PN -3271? 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 checked 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 going to be
all right?
He's got a pretty bad concussion and a couple of broken ribs. But 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
direction, proceeded to cross the road.
A motorcycle came out of nowhere and headed in the direction of my car. It
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 it 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?
Well, 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.
I never read them myself.
The cops are always too dumb.
Now, if you'll just sign this statement.
Well, I have to be kept here very long. My wife is in the hospital. I'd like to
get over there as soon as possible. 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.
But you know Stella's report card better than I do.
I mean, if you struck out twice already... This isn't a ballgame. If she
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.
know, you older fathers are always the worst. Water?
Especially if it's the first baby.
This isn't easy for a woman who's not so young, is it? I mean, Stella's 36.
Do you have any children, Doctor? Three incredibly hungry ones.
Shooting up like weeds.
Kids get older fast, and so do parents.
I... 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.
Motorcycle 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.
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 and 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? Ride yourself into one of your own stories?
Had an accident driving through town last week. A motorcycle ran into my car.
It, uh... It wasn't my fault, but... Well, I... I just didn't stop.
You mean you... I didn't stop. 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 there are other things, too.
The witnesses claim 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 sentence for that kind of a crime?
You're talking about two crimes.
Hit and runs of felony, passing a stop sign is a traffic violation.
This could be serious if the victim's critical.
How is he?
He's got a concussion, but they say he's going to be all right.
But Stella, that's a different story.
If she knew what was going on... And she doesn't?
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 could 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
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 I'm
telling the same story and they're all wrong What's a jury gonna think about
that? Well?
You leave that up 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 cockamamie idea?
Just because you're a hotshot mystery writer?
No, I'm going to 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? That's a fool for a lawyer. I know, I
know.
But I've thought a lot about this. 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.
Can I, uh... Can I fix 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
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.
Now 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.
Thank you.
Your Honor, I've just received some important information regarding this
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 a 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 you God?
I do.
State your full name.
Penelope Sanford. Take the witness stamp.
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 17th?
Well, I... 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, 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 -examine?
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.
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 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 like 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.
gets a whacked out of his skull at the least little thing.
Well, anyway, I went to this bash at Freddy Drew's place. You know, Freddy
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
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? Oh, 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
occurred.
That's right.
And you were pretty busy thinking about George, too, weren't you?
I'll say I was, old 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.
you weren't thinking about anything else, 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. And 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
it.
That's all, Miss Sanford.
You may step down.
Your Honor, the prosecution now calls Colonel John Hoy.
Colonel John Hoy. Yes.
Just a moment, sir.
Raise your right hand.
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 Hoy. Take the witness.
Colonel Hoy, 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 17th?
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's only trying to make your testimony clear.
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.
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
avoided the crash?
It's a question of ballistics.
He couldn't have avoided the car any more than a bullet can avoid a target.
The sports car was right in front of him.
Shouldn't allow a car like that. They should keep it on a racing track.
Shouldn't allow them 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 cross -examine?
Colonel Hoey, I hope you won't take offense at what I'm going to ask you.
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 did not. I lost it at Corregidor.
I'm sorry.
It's just that... Just that you 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, 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 that... Answer the question, Colonel.
Yes, I had a son.
Oh? And what happened to him, Colonel?
He was killed.
I'm sorry.
Was he in the war, too?
No, he was killed 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.
Mrs. 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 17th? 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.
Well, 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
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.
Spence may cross -examine.
Mr. Stewart, it looks like the prosecution has sort of stolen my
he? I mean, after all, we now know that you weren't thinking about anything at
all, don't we?
That's right.
Well, isn't that a little unusual?
I mean, I may be peculiar, but I know that I can't keep from thinking, no
what I'm doing.
Now, right now, for instance, I'm thinking about that tie that you're
the corn on my right foot, and the temperature in here. I was thinking
driving.
Do 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, uh, just one moment, Mr. Peterson.
Mr. Barnes may have some questions.
Mr. Peterson.
I'm, um, 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, then 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, uh...
How many drinks would you say that you'd had?
Well, I'd say one or two.
My old lady asking.
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, that. Oh, yeah, I saw that right.
You saw that very clearly.
No, thank heavens, no.
Well, 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.
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 that fella going through the air.
It was a sobering sight.
So I just went back into Harry's.
Thank you, Mr. Peterson.
There's no use congratulating yourself, Mike.
Peterson doesn't make that much difference. Yes, but you heard him. Now,
kind of a witness is that? He admitted he was drunk.
Well, 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, I understand.
Well, 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, he's in the labor room.
It 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.
We'll ask 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
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
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 Darling?
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
Do I have to say?
Oh, yes, I'm afraid so.
I was thinking about my baby.
I see.
What about your baby?
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.
They said I was too young.
They 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.
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 have been for this accident, that baby wouldn't be yours
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.
Well, Mr. Barnes, do you wish to call any witnesses for the defense?
Only one, Your Honor.
Myself.
Raise your right hand.
You solemnly swear to tell the truth, the whole truth, and not let the truth
help you God? I do. Take this hand.
Would you like to make a statement, Mr. Burns?
Yes.
I just want to say that I am 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 all, sir.
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.
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.
Well, at the time of the collision between your car and the motorcycle, did
or did you not pass that stop sign?
Look, I've made my statement. I'm innocent of the charge. The accident was
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. Bynes?
I... I refuse to answer that question on the grounds that it may 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 to. 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
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 of contempt should be placed
against you. That's all. You may step down.
This court will now adjourn until 10 o 'clock tomorrow morning.
This is George Peabody.
Hiya, Penny.
I didn't expect you to be nice.
Why not?
I didn't even talk to you after the way you acted.
After the way I acted?
Boy, that's a laugh.
You stood me up, didn't you?
Who, me?
I was there all right.
No, you weren't.
Yes, I was.
But I figured you didn't want me around.
What are you talking about?
Well, I showed up just like I said.
When I saw you on the corner with Freddie Drew.
George, that was just like a coincidence. I mean, he was just passing
He seemed pretty friendly to me.
Oh, listen, I did frame the least. You know that.
Anyway, you shouldn't have walked away. There was a real crazy accident on this
corner.
I know.
I'm a witness at the trial. No kidding.
The guy who was driving the car is acting like he's own lawyer.
Did you ever hear anything so square?
Honey, he'll probably go to jail and tell him he went right through this stop
sign. Oh, no, he didn't.
Oh, yes, he did. Everybody saw that.
He went right through the stop sign and then the motorcycle hit him.
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
Nobody asked me. Come on, let's twist. Now, wait a minute, George.
I mean, if you really saw it...
Oh, 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 slob'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 it.
All right, then don't.
But I bet Freddie Drew wouldn't act like that.
Well, I don't care 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.
You're a 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
today in the pen.
See, the nurse said he should be right around here. Of course, you still might
end up there if that contempt charge holds.
We don't mean that.
I've been trying to tell you. A friend of mine in the DA's office took me off.
There won't be any charge.
That's swell, Terry. That's swell.
Of course.
If it hadn't been for George Peabody, I wouldn't have given a nickel for your
chances. That did look pretty bad, didn't it? Name me.
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, Papa.
Why couldn't you testify?
Look, you know Stella.
You know how truthful she is. What's Stella got to do with it? Stella was
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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