Original subtitles

[SWITCHBOARD BUZZES]

Paul Drake Detective Agency.

I wanted Mr. Mason, Perry Mason.

Isn't this his night number?

Yes, it is, but I'm not sure that I can reach Mr. Mason at this hour.

Perhaps if you'd call in the morning.

I can't wait till morning.

This is terribly important. You've got to--

I'll try and reach him, miss. What is your name?

Evelyn Bagby.

Please hurry.

[DIALLING]

[RINGS]

Hello.

Yes.

Evelyn Bagby? No, what does she want?

All right, put her on.

Hello.

Yes, it is.

Where did you say you found it?

I opened the cigarette box and there it was.

And you say the gun is not yours?

I told you, I never saw it before.

Check the cylinder, see if it's been fired.

I think all the bullets are there.

Now, be careful with that gun, but smell the barrel.

Smells oily.

Then it hasn't been fired, or if it has, it's been cleaned.

Why are you calling me? Why not the police?

I'm afraid.

Of what?

Well, I just got out of trouble in Riverside only last week.

What kind of trouble?

I was tried for stealing some jewellery from Helene Chaney, the movie star.

But I was acquitted.

Oh, Mr. Mason, I'm so scared.

Where are you?

In the Valley.

The Villa Espa�a apartments.

Villa Espa�a.

You better not stay there tonight.

and bring that gun.

Good night, Miss Bagby.

[TYRES SQEALING]

[RINGS]

Hello.

SECRETARY [ON PHONE]: It's Evelyn Bagby again.

Put her on.

BAGBY: Mr. Mason, that man, he tried to kill me over the Sunset Canyon.

I couldn't see his face. It was awful. He had no face. I--

Wait a minute. Do you know where my office is?

Well, if it isn't Della Street. What took you so long?

It's 1:15. We never close.

Who's the impatient client?

The girl's name is Evelyn Bagby. She's a waitress in a caf� in the Valley.

Someone left a strange gun in her apartment.

Why'd she call you?

Oh, something she read in the papers, remembered my name.

Evelyn Bagby. I've heard that name someplace.

She was involved

in the Helene Chaney jewel theft in Riverside.

They were staying at the same motel.

And they found the jewels buried behind her cabin at the motel.

But she was acquitted, insufficient evidence.

Well, it went beyond insufficient evidence.

As I recall, there were some interesting highlights to the case.

[DOOR OPENING]

[CRYING]

Della.

Easy does it, Miss Bagby.

He tried to kill me.

DELLA: Here, dear.

Feel better?

He tried to force me off the road.

I was coming over Sunset Canyon.

Did you see his face?

He had a white hood on it, with eyes cut in it.

- Where's the gun? - Here.

This gun has been fired.

I fired it.

To scare him. I had to.

- Did you hit him? - No.

How do you know?

Well, he was coming up beside me.

I fired straight out the window.

I had to watch the road too.

I heard something though.

Like-- Like maybe the second shot hit the front of his car.

His car or him?

His car. I wasn't aiming at him.

Don't you believe me?

I'll need a lot of answers first, Miss Bagby.

You're in no condition to give them to me now.

- I could take her to my place. - No, no.

I want her to rest here for a while.

Let her rest on the couch in the library.

DELLA: Come on.

I'll just raise you five more.

[PHONE RINGS]

Hello.

Perry, for the love of Pete.

Paul, I've got a gun here I want you to trace.

.38 Colt, snub-nosed, serial number 17474LW.

Wait a minute.

One-seven-four-seven-four-L-W. Right.

Find out who bought it, where and when.

Perry?

Won't this keep until morning?

You have plenty of time. I'll be back at the office in one hour.

I'd like it then. Bye.

OFFICER: Sorry, mister, you can't stop.

Oh, Mr. Mason. Didn't recognise you.

- What happened, officer? - Accident. Car went over.

- Who's in charge? - Sergeant Holcomb.

Holcomb?

What's Homicide doing on an accident case?

I don't know, Mr. Mason.

Hello, Sergeant Holcomb.

Call headquarters and tell them we need another winch,

- soon as they can get it. - Right.

- What are you doing here, Mason? - Just passing.

- Anybody hurt? - Yeah.

Man. Killed.

Accident?

You always drive up here at 2 in the morning?

Not always.

Uh, dead man identified?

That's our business.

Sergeant Holcomb, they haven't got a winch available.

This is Holcomb. What do you mean you haven't got a winch?

- Well, let me talk to Mac. - Got a match?

Thanks.

Night, sergeant.

DELLA: He just came in.

It's Paul Drake.

What'd you get, Paul?

Call me as soon as you trace the serial number.

I'll be here. I'm expecting company.

- Company? - Lieutenant Tragg.

The minute Sergeant Holcomb gets hold of him.

Oh, Miss Bagby, you said you live at the Villa Espa�a?

Yes.

Was your bed made up when you came home tonight?

I made it before I went to work this morning.

Was there a pillowcase missing tonight?

I don't know.

It's a wall bed. I didn't pull it down.

[BANGING ON DOOR]

MAN: Open up, Mason.

It's Lieutenant Tragg.

TRAGG: Come on, Mason. - Let him in.

Now stay in there.

Right this way, lieutenant.

Well, working late?

Couldn't sleep. Another coffee, Della.

You can do better than that, Perry.

What were you doing on Sunset Canyon Road

in the middle of the night?

What was Homicide doing, same place?

Oh, we have an unnatural interest in murder.

You, uh-- You knew there'd been one, didn't you?

- No, I did not. - Well, then why'd you go up there?

Who was the victim?

- Well, didn't your client tell you? - Client?

The dead man's name is Harry Merrill.

He had a .38 slug in his head.

Now tell me why you were at the scene of the murder.

I told you before, I didn't know there'd been a murder.

- Where's the sugar, Della? - On the desk.

- Did you find a weapon? - No.

- Did you? - Any suspects?

Well, the, uh, night janitor said a woman came up here an hour ago.

- So? - Yes, she's, uh, still here.

I'd like to talk to her.

MASON: Afraid not, lieutenant.

Why, she got something to hide?

She's a client, I haven't heard her story yet myself.

Oh, well, then let's both hear it.

I'm sure you have nothing to hide.

Unless you're prepared to arrest her, I can't let you talk to her.

At least, not for the moment.

Oh, well, her name is on the book in the elevator.

And if our investigation shows she was involved in Merrill's death,

you'd better be prepared to produce her when the time comes.

- You can count on it. - Oh.

Well, thanks for the coffee.

And I'll be back.

I know.

Yeah.

- Della. - Yes?

- Make sure he leaves the building. - Right.

Come out.

Now, who is Harry Merrill?

- I don't know. - You'd better tell me.

He's lying at the bottom of Sunset Canyon Road

with a bullet through his head. A bullet from a .38. Now, this is a .38.

And that white hood over his head

is a pillowcase from the Villa Espa�a, where you live.

Now who is he?

A man I knew...

...five years ago, when I first came to Hollywood.

His name then was Lester Gladden.

He stole $1,500 from me. It was all the money I had.

He told me he'd get me into the movies.

What did he call himself, a talent scout?

Drama coach.

He said he knew a lot of people who could give me a break.

He disappeared after he had all my money.

Did you try to find him?

Report what he'd done?

I was too ashamed.

How did you find out that Harry Merrill and Lester Gladden

were the same person?

He came into the caf� one night.

At first, I didn't know who he was because he looked sort of different.

And then I saw him looking at me. I guess he recognised me

because when I looked back again, he was gone.

So you went after him?

I told him if he didn't give me my money back, I'd go to the police.

What happened?

Well, he said if I'd meet him the following Saturday night

at the Eucalyptus Grove Motel in Riverside,

he'd give me back my money.

That was two months ago. He never showed up.

Instead, you found yourself charged with a jewel theft.

I didn't take those jewels, Mr. Mason.

But you did have a score to settle with Merrill.

So he decided to get rid of you.

He followed you in his car, tried to force you off the road.

- You shot at him and hit him. - I didn't hit him.

And how could I know who he was with that hood over his head?

That's a point in your favour.

You know, Evelyn, I'm half-tempted to believe you.

But if this is your gun and you have lied to me about it,

I can't help you.

I thought you'd work it out.

Right.

Okay.

Well?

The gun was bought in Riverside.

As a matter of fact, there were two guns.

Same make, same calibre, bought by the same person.

Here. Read.

- "Mervyn Aldritch"? - The Mervyn Aldritch.

[MASON WHISTLES]

Yeah, that's what I said.

How did one of them happen to get in Evelyn Bagby's cigarette box?

I don't know. She has a clean record locally

until that robbery rap, also in Riverside.

Paul, I want all the information you can get on Mervyn Aldritch.

Gonna be tough. That guy works overtime avoiding publicity.

That's why I'm turning to you instead of the newspaper. Here.

Okay.

Gertie, have the parking lot send my car around, will you please?

Thank you.

[KNOCKING ON DOOR]

Hello, Mr. Mason.

What's the matter?

- Miss Bagby, you're giving me trouble. - What?

You didn't tell me you knew Mervyn Aldritch.

- I don't. - The gun you found belongs to him.

- Did you know that? - No.

- Did you kill Merrill? - No.

- Do you know who did? - No.

Do you know if Aldritch did?

Kill Harry, a man like him?

I thought you said you didn't know him.

I don't know him.

Except that he was in Riverside when I was arrested for robbery

at the Eucalyptus Grove Motel.

I never stole anything in my life.

And I didn't kill anybody.

The police are gonna trace everyone remotely connected with Harry Merrill,

and your connection isn't exactly tenuous.

You wrote him a letter demanding money.

Shortly thereafter, Mr. Merrill is found dead,

shot with a .38.

And he has a pillowcase over his head,

a pillowcase from this very apartment house.

I suggest, Miss Bagby, that you killed him,

then telephoned me and depended upon your big blue eyes

to convince me you were innocent.

Maybe you'd better forget about me, Mr. Mason.

Forget about those big blue eyes.

[INTERCOM BUZZES]

Company.

Who's there?

- It's the police. - Tell them to come up.

All right, lieutenant, you can come up.

What'll I tell them?

Tell them just what you told me.

It's the truth. I don't care how bad it sounds.

Then don't change a word.

[KNOCKING]

- Miss Bagby? - Come in, lieutenant.

Well, looks like Old Home Week.

Yes, doesn't it?

However, I wasn't aware

there was a law forbidding an attorney from seeing his client.

Oh, maybe I can do something about it next session of the legislature.

How well did you know Harry Merrill?

I met him several times.

Meet him last night on Sunset Canyon Road?

- Well, I-- - How would she know?

Assuming she had been on Sunset Canyon Road,

he had a pillowcase over his head.

Keep out of this.

You're forgetting, lieutenant, Miss Bagby is a client of mine.

What did you do with the gun?

I--

All right, Mason, you said last night you wouldn't let me talk to Miss Bagby

unless I was prepared to arrest her, and I'm prepared now.

Get your things together.

Park it for me, will you, Joe?

PAUL: Perry!

You training for the Olympics?

This is a Photostat of a marriage contract

between Lester Gladden and Hester Charles.

Well, you know who Lester Gladden was.

The late Harry Merrill. But who's Hester Charles?

Maybe you know her better as the pride and joy of Magnum Pictures,

Helene Chaney.

- Very interesting. - It gets better as it goes along.

Miss Chaney is now engaged to Mervyn Aldritch.

Joe. Joe, leave it there.

Find any record of a divorce between Merrill and Miss Chaney?

Not in California.

Leave this with Della. Tell her I'll check with her later.

Thank you, Joe.

[CHATTERING]

MASON: Miss Chaney?

Miss Chaney, I know you've heard this before,

but I'm a fan of yours.

My name is Perry Mason.

- The attorney? - Mm-hm.

Why don't you come in and watch us shoot for a while?

I wish I could, but I wanted to talk to you.

Concerns a client of mine, a girl by the name of Evelyn Bagby.

Uh, would you get the other evening dress, Doris? I'll change on the stage.

I believe you know Miss Bagby.

I know of her.

She stole some jewellery of mine.

- She was acquitted. - She was fortunate.

- Meaning you think she was guilty? - Meaning exactly that.

Right now, she's even in more trouble. She's accused of murdering a man

named Harry Merrill. Did you know him?

- No. - He also used the name

Lester Gladden. Does that mean something to you?

Thank you, Doris. I'll be right in. Would you get that to Wardrobe?

You haven't answered my question.

Obviously, I don't intend to.

I'm sorry you're tied up.

I would have invited you to take a drive with me to Riverside.

- Riverside? - Yes.

Very interesting place, Riverside.

Excuse me, where could I find Mr. Boles?

- Why? - I'd like to talk with him.

- About what? - I might want a cabin.

Just sign a card.

I... I don't want a cabin.

- Then why are you here? - A legal matter. Perjury.

Are you out of your mind?

I have a client named Evelyn Bagby.

Well, she's a thief.

Miss Bagby was acquitted.

She might sue you for slander.

Mr. Boles gave some very damaging testimony against her,

which turned out to be doubtful.

I've finished fixing that lock, Vinnie.

- Uh, Mr. Boles? - Yeah.

- He's that Bagby girl's lawyer. - That's right, Mr. Boles.

We're thinking of filing a suit for false arrest.

It was dark that night. A man can make a mistake, can't he?

- Who paid to frame her? - Nobody.

- You get out. - Did Mervyn Aldritch pay you?

- No. - Harry Merrill?

So you know Merrill?

No. Read about him being killed, that's all.

- I think you're lying. VINNIE: I told you to get out!

Not before I've seen your registry cards

for the night of April 12th.

We'll show you nothing.

Would you prefer to produce them in court?

We don't wanna get in any trouble, Vinnie.

Thank you.

Mervyn Aldritch, cabin number 4.

Helene Chaney, cabin number 8.

Evelyn Bagby, cabin number 10.

- These all the cards for that night? - Yeah.

You have a master key for all the cabins, don't you, Mr. Boles?

Well, we--

Of course we do. Any motel does.

Then, of course, you could enter any of the cabins.

Meaning what?

Meaning that either of you could have stolen

Helene Chaney's jewellery and framed Evelyn Bagby.

Us? Why us?

Something I haven't worked out...

...yet.

Goodbye.

Louis Boles, you're a fool.

Mr. Mason, sit down please.

Thank you.

I can give you just ten minutes.

I won't take long, Mr. Aldritch.

Uh, this is yours, I believe.

A man by the name of Harry Merrill was killed with a gun like this.

So I read.

Merrill was once married to the woman you are now engaged to,

Helene Chaney.

Mr. Aldritch, were Miss Chaney and Merrill ever properly divorced?

- That's none of your business. - It is when a client of mine

is in police custody and charged with the murder of Harry Merrill.

I regret the embarrassment to your client.

Who was also charged with a theft of jewellery from Miss Chaney.

- That's beside the point. - Is it?

Did Merrill ever blackmail you and Miss Chaney?

Not in the legal sense.

Merrill wanted money.

I agreed only for Helene, for Miss Chaney's sake.

Was he in a position to have caused her trouble?

Helene divorced him.

He told me that he'd been improperly served

and because of that she was still his legal wife.

And?

For a consideration, he agreed to stipulate

he had been properly served, and that the divorce was final.

So you met Merrill at the Eucalyptus Grove Motel

in Riverside to pay him off, the night of April the 12th.

After buying two identical guns.

You seem to be in possession of a great many facts, Mason.

Did Merrill suggest the place or did you?

- Have you seen the motel? - Yes.

Then you know I'd hardly suggest such a place.

Agreed.

You gave him how much?

Ten thousand dollars.

Did he sign any papers or releases?

No, not then. I was having my attorney draw them up.

You paid him before the papers were drawn up?

I did it for Helene.

Of course.

Now, better think before you answer this, Mr. Aldritch.

Prior to that night,

did you know Evelyn Bagby?

I never set eyes on her before in my life.

But this is your gun?

May I see it?

I bought two guns like it.

One for Helene, one for myself.

And which one is this, yours or Miss Chaney's?

I keep mine in the glove compartment of my car.

Is it there now?

I don't know unless I look.

Would you look?

Just put that in my car, Doris.

[PHONE RINGING]

ALDRITCH: I'll take that.

- Yes? - Darling, I'm calling from a booth.

I just had to talk to you.

I'm afraid that's not quite possible just now.

Is, uh, someone there?

Yes.

You run on home. I'll call you just as soon as I'm free.

- Sorry. - That's all right.

These things will happen.

Well, is it yours or Miss Chaney's?

Mine.

I'll see that you get it back.

I remember putting it in the glove compartment

and now it's gone. It must have been stolen.

I want to thank you very much, Mr. Aldritch.

You've been a great help.

You'll swear, of course, that this is your gun?

If it's necessary.

It might be necessary.

Good night.

[GUNSHOT]

[GUNSHOT]

Hello, Mason.

Well, hello.

I'm, uh... I'm gonna search you, Perry.

- Why? - I'm looking for the murder weapon.

- It's not in your office. - I hope you had a search warrant.

Yes, I did. But, uh, for this, I don't need one.

A little thing like withholding evidence can make life just miserable for you,

- for a long time. - Who says that gun is evidence?

Evelyn Bagby gave you this revolver.

- Did she? - She says so.

Well, I advised her to be truthful.

She killed Harry Merrill with it.

Did she tell you that?

You don't believe that cock-and-bull story

she told you and us?

I always believe my clients.

Mason, maybe there's something you didn't know.

- Probably. - You remember that pillowcase

- that was over Harry Merrill's head? - Yes.

Didn't have a bullet hole in it.

Which means that Merrill was dead before they put him in the car.

Good night, counsellor.

[CHATTERING]

This is a preliminary examination.

Not a regular trial.

The purpose of this examination is only to find out

whether a crime has been committed, and if so,

whether there is reasonable ground to believe

that the defendant participated in the commission of that crime.

If that's clear, we'll proceed.

Mr. Burger, you may open for the prosecution.

Lieutenant Tragg, please.

And, lieutenant, you gave this weapon

to the Ballistics Department, didn't you?

- Yes, sir. - Did you try to trace it

- through its serial number? - Of course.

What did you find?

That the weapon had been sold to one Mervyn Aldritch.

Thank you.

- Your witness. - May I have the exhibit, please.

Thank you. Now, Lieutenant Tragg,

I presume you questioned this Mervyn Aldritch?

Naturally.

What statements did he make?

Well, that he, uh, bought the weapon for his protection

- and that it was stolen. - Now, just a moment.

I think that evidence should come from Mr. Aldritch himself.

Your Honour, as far as introducing this weapon is concerned,

it's only necessary to prove that it was in the possession of the defendant,

and that it was the weapon that killed Harry Merrill.

I'd like to hear from the defence on that.

The prosecution hasn't proven the weapon

was in the possession of the defendant.

You gave the weapon to Lieutenant Tragg yourself.

Lieutenant Tragg took it from me.

In any case, I'm not the defendant.

You were representing her.

Your Honour, I want to have it definitely established

that this is the weapon with which the crime was committed.

Mr. Burger, do you have photographic and ballistics evidence?

Just one moment, Your Honour.

The bullet from the body was too badly...

What about the other one?

Your Honour, the fatal bullet was badly mushroomed

when it was taken from the body at the time of the postmortem.

You mean the fatal bullet cannot be identified?

I'm afraid not, Your Honour.

But the prosecution can prove that the weapon

was in the defendant's possession, that she had the motive.

One moment.

This weapon?

- This gun? - That's the one that you gave--

I mean, that Lieutenant Tragg took from you.

Lieutenant Tragg, are you sure this was the weapon?

- Positive. - Outside of the fatal bullet,

did you find any other bullets that had been fired from this gun?

- Yes, sir. - Where did you find them?

Well, one went through the hood of the dead man's car

and flattened against the engine block.

Mr. Burger, what about this second bullet?

It can't be identified either.

In other words, neither the fatal bullet nor the one

which went through the hood can be said positively

to have been fired from this gun?

No, Your Honour.

But it's only necessary to establish possession.

And the gun was in the defendant's possession.

Just one moment.

These are photographs taken at the scene of the crime?

Yes. Yes, sir.

Your Honour, I've studied these photographs.

I ask you to take a good look at, uh, this one in particular.

What am I supposed to be looking at, Mr. Mason?

- That tree at the side of the road. - Oh, yes.

When were these photographs taken?

Yesterday morning, sir.

We thought it would save the court's time

and avoid a trip to the scene of the crime.

I suggest the peculiar mark on that tree may be a bullet hole.

We'll recess, go to the scene of the crime,

and reconvene at 3 this afternoon.

MASON: Mr. Redfield, as ballistics expert,

a qualification I most certainly admit, you examined these two bullets?

- Yes, sir. - When?

Before court reconvened this afternoon,

just after we returned from the scene of the crime.

From where were these two bullets taken?

One from a post and one from a tree.

And what did you learn from your examination of these bullets?

The bullets you're holding in your hand came from the gun over there.

- This gun? - Yes, sir.

Would you say the bullet from the tree

was fired from the same gun as the fatal bullet?

How can he say that when we can't identify the fatal bullet?

Then how can he say the fatal bullet was fired from this gun?

Very well, Mr. Mason.

The prosecution will concede that this is the gun that fired the fatal bullet.

Your Honour,

the prosecution contends that this is the murder weapon.

A gun which has been in police possession

since Lieutenant Tragg took it from me.

I contend that the fatal bullet came from another gun.

That's conjecture.

JUDGE: It certainly is, Mr. Mason.

Do you intend to prove your statement?

Your Honour, the prosecution knows there are two guns.

Identical guns, both bought by the same man.

What do you say about that, Mr. Burger?

Well, Your Honour...

If the court please, I appreciate Mr. Burger's reluctance

to introduce a certain personal relationship that borders this trial.

- I share that reluctance. - Thank you, Mr. Mason.

However, it is vital to the defence that we prove the existence

and ownership of two particular guns.

Very well, sir. As long as it's come up.

The prosecution will prove that the defendant, Evelyn Bagby,

was in possession of the fatal gun on the night of April 12th.

- Have you finished with this witness? - I have.

Call Mervyn Aldritch to the stand, please.

[CROWD MURMURING]

And, Mr. Aldritch, what happened when your fianc�e looked for the gun?

- It was gone. - You're absolutely sure of that?

- Absolutely. - Thank you, Mr. Aldritch.

You may cross-examine, Mr. Mason.

Mr. Aldritch, you've testified for the prosecution

that you bought two guns, these, in Riverside?

- Yes. - These are the guns?

Yes.

Why two guns?

I... I kept one for myself and I gave one to...

To my fianc�e.

But which one did you keep

and which one did you give to your fianc�e?

- I don't know. They're exactly alike. - Are they?

Your Honour, defence counsel is going over ground

he's already established. Except for the manufacturer's numbers,

those two guns are identical.

Your Honour, one of the guns

has a small file mark on the lower part of the barrel.

The other has no such mark.

That's correct, Mr. Mason.

But what bearing does that have on this case?

This is the one with the file mark.

The one Mr. Aldritch brought into court today.

True, Mr. Aldritch?

I don't know.

It's the one marked Exhibit 5. The one marked so

in the presence of the court no more than half an hour ago.

Isn't that so, Mr. Aldritch?

Yes.

Did you put the file mark on this gun?

- Did you, Mr. Aldritch? - No, I did not.

- Then who did? - I don't know.

BURGER: Defence counsel is asking the witness to conjecture.

The witness could have bought the gun with the file mark on it

without noticing the mark.

Very true.

Mr. Aldritch, you've stated

that you gave one of the guns to your fianc�e.

For the third time, yes.

- Was your fianc�e's gun stolen? - Yes.

From where?

From her overnight bag.

Where was the overnight bag?

In a motel cabin.

In the Eucalyptus Grove Motel in Riverside?

- Yes. - Was something else taken?

Some jewellery.

Was the defendant, Evelyn Bagby, accused of stealing that jewellery?

- Yes. - But she was acquitted?

Yes.

Now, Mr. Aldritch, was Harry Merrill at that same motel

on the night the gun and jewellery were stolen?

He was.

Did you give Harry Merrill any money that night in Riverside?

Ten thousand dollars.

Yet, when Harry Merrill's apartment was searched, no money was found.

He had no bank account.

Mr. Aldritch, why did you give Harry Merrill that money?

To prevent him from causing a scandal about my fianc�e.

- Did your fianc�e kill him? - No.

Did I visit you at your home a few nights ago?

- Yes. - I showed you a gun?

Yes.

You took it from me, you left the room,

returned, and gave the gun back to me again.

- Yes. - Was it the same gun I gave to you?

Yes.

The same gun I gave you?

No, it was not the same gun.

You switched guns, I know.

Because the gun I gave you had a file mark on it.

The gun you returned to me had no mark.

This gun, the gun with the file mark, is the one you brought into court today.

But the one with no mark,

this is the gun the ballistics expert says fired two bullets,

which were taken from the tree and the post.

This is the gun Lieutenant Tragg took from me

and which the prosecution claims was in the possession of Evelyn Bagby

on the night of the murder.

Your Honour, the prosecution contends

that Evelyn Bagby was in possession of this gun,

the gun without the file marks on the night of the murder.

And yet we know it was in the possession

of Mr. Aldritch at that time.

JUDGE: You may step down, Mr. Aldritch,

but don't leave the courtroom.

To further establish the innocence of my client,

I should like to call another witness.

Go ahead, Mr. Mason.

MASON: I call Mr. Louis Boles to the stand.

Raise your right hand, please. Do you solemnly swear the testimony

you're about to give in the case

to be the truth, the whole truth, nothing but the truth?

- I do. - Be seated.

Your name?

Louis Boles.

- Occupation? - Motel owner.

Eucalyptus Grove Motel in Riverside.

Mr. Boles, you were the chief witness for the prosecution in the robbery case

- against Evelyn Bagby, were you not? - Yeah.

And you knew Harry Merrill?

No.

- No? - Mm-mm.

A short time ago, I went to see you in Riverside.

I looked through your registry cards for the night of April 12th.

I found those of Evelyn Bagby, Mervyn Aldritch,

and Mr. Aldritch's fianc�e.

- Is that not so? - Mm-hm.

Did you hear the testimony just given by Mr. Aldritch?

Yeah, I did.

Did you hear him say that Harry Merrill had been at your motel that night?

- Yes. - Yet there was no card for him.

Why not?

He might have registered under a different name.

- What name? - I don't know.

Mr. Boles, did you destroy Harry Merrill's card?

- No. - Did Harry Merrill promise you money

if you testified falsely against Evelyn Bagby?

- No. - I'll object to that, Your Honour.

Defence counsel is not only assuming a fact not in evidence,

he is attempting to cross-examine his own witness.

Your Honour, Harry Merrill was given $10,000.

And not one cent of that money has been found. Where is it?

That doesn't have to do with this case.

Ten thousand dollars is a motive for murder.

JUDGE: Gentlemen, gentlemen.

If you have any remarks, address them to the court.

Very well, Your Honour.

As you've stated, Your Honour, this is a preliminary hearing.

The defence merely wishes to establish

that more than one person had reason and motive enough to kill Harry Merrill.

That's all, Mr. Boles.

Your witness, Mr. Burger.

No questions, Your Honour.

I now wish to call Mrs. Mary Thompson to the stand.

Raise your right hand. Do you solemnly swear the testimony

you're about to give in this case to be the truth,

- the whole truth, nothing but the truth? - I do.

Be seated.

- Your name, please? - Mrs. Mary Thompson.

Occupation?

I manage the Villa Espa�a apartments in the Valley.

Uh, does the defendant, Evelyn Bagby, live there?

- Yes, sir. - Mrs. Thompson,

is there anyone else in this courtroom who's rented an apartment from you?

- Yes, sir. - Would you point them out?

- Him. MASON: You mean Louis Boles?

THOMPSON: Yes, sir.

MASON: When did Mr. Boles rent his apartment?

THOMPSON: About two weeks ago.

MASON: That was before Harry Merrill was killed.

THOMPSON: Yes, sir. - Before Harry Merrill's death,

did you notice anything odd or different about Mr. Boles' behaviour?

- Yes, sir. - Would you tell the court, please?

Well, he rented the apartment, but he never slept there.

I only saw him three times,

but each time, he was hanging around Miss Bagby's door.

MASON: Did you ever question what he was doing, or did he ever explain?

No, sir. Well, once he said that he had mistaken it for his own apartment.

- Thank you, Mrs. Thompson, that's all. BURGER: Just a moment.

Mrs. Thompson, this man that you say rented an apartment,

did he register as Louis Boles?

No, sir. He called himself Lawrence Benson.

And you say that you've only seen him two or three times?

- Yes, sir. - Then you could be mistaken

in your identification of him, couldn't you?

No, I couldn't.

That's all.

I'd, uh, like to recall Louis Boles to the stand.

Mr. Boles, why did you rent that apartment at the Villa Espa�a?

BOLES: I didn't. Never.

Why did you take a pillowcase from that apartment?

I didn't.

You ever see this before?

No.

You sure you didn't take this gun the same time you took the jewellery?

- Didn't take jewellery. Never saw that. - Why destroy Merrill's registry card?

I didn't. He didn't sign one.

He...

[CROWD MURMURING]

He didn't sign one?

He promised me $500 if I'd make trouble for Evelyn Bagby.

Then he didn't pay me.

Did he tell you why he wanted trouble for Evelyn Bagby?

He said she was gonna make serious trouble for him.

He didn't give me a nickel.

Just showed me all the money he got from Aldritch...

...and then he said I could whistle and wait.

He said I was stupid, that she got acquitted.

So, what did you do?

Figured it out.

If I killed him, I could get the money.

Get the money and get away from her.

Been wanting to get her off my back for 25 years.

Do anything to get away from her.

Did Mrs. Boles have anything to do with the murder?

No. I did it alone.

I killed him in that apartment I rented.

Figured it out all by myself. All she was worried about

was the motel getting a bad reputation.

She always said I was dumb.

Called me stupid.

But I got $10,000, that's what.

I...

[CRYING]

Your Honour?

I think that's enough, Mr. Mason.

The case against Evelyn Bagby is dismissed.

Mr. Burger, you will take the necessary steps about Mr. Boles.

Oh, Mr. Mason, I'm so grateful.

Mm... Careful of those big blue eyes.

But why did Boles rent that apartment at the Villa Espa�a?

So that he could watch you.

Learn your habits, when you worked, when you got home.

Then he planted the gun in your apartment.

That night, when he tried to force me off the road--

He figured you'd use the gun and wouldn't hit him.

He must have been crazy.

Didn't he realise he could get himself killed?

Yes. I guess he felt he had to take the chance

so that later on, when he planted Merrill's body,

the police would assume that Evelyn had done it.

And her story would sound as phoney as the devil.

Mr. Mason, I can't thank you enough.

Well, Mr. Aldritch did.

This is for not implicating Helene Chaney

and for clearing Aldritch of a murder charge.

- Wow! MASON: Mm-hm.

- And half of it belongs to Evelyn. - To me?

He wanted you to have some compensation

for that trouble in Riverside.

And then too, you have red hair.

- What does that have to do with it? - Well, Helene Chaney has red hair.

He must be partial to redheads.

[LAUGHING]