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♪♪
I'm sorry I didn't wait breakfast for you.
I have an appointment at the office with a client. Um...
- Eric, last night... - I'm late, Sibyll.
When you signed these property things last night,
you missed some. Here.
And here.
Thank you.
Nothing was resolved last night about the divorce.
Not last night, not for the months
you've been bothering me, not ever.
It's a closed subject, Sibyll.
Your lover's just out of luck.
This is one of those old-fashioned husbands
who simply refuses to cooperate.
There's nothing left between us!
I can't go on this way!
I love you.
No, no, Eric, a lot of things, but not love!
Not ever love.
That is a lie.
- Please... - Now, Sibyll, don't.
What is it?
Eric!
I'm all right, thank you.
- But you... - I said I'm all right!
It's merely a dizzy spell, nothing more.
Are you sure?
Perhaps you and your lover might hope it was more,
but it wasn't.
Eric... Eric, please!
♪♪
- Oh, good morning, Mr. Pollard. - Morning, Aimee.
- My 8:30 appointment here yet? - Yes. But Mr. Talbot asked you,
please drop in to his office first.
He has a Mr. Mason with him. It'll only take a moment.
Eric.
Come in, Eric, come in.
Mr. Mason, this is my junior partner, Eric Pollard.
- Mr. Pollard. - How do you do, sir?
Mr. Mason is here about the Smith estate.
I'm sure I speak for you, Eric,
when I tell him how shocked we all were
learning about young Mr. Smith's accidental death in Europe.
You, uh, you represent his uncle's estate,
don't you, Mr. Mason?
I believe he inherited from his uncle,
a conditional inheritance with provision for reversion.
Yes, without heirs, bonds, real property,
everything reverts to the original estate.
I've already filed in probate.
I anticipated you would.
We've already complete an audit
with outside accountants, Mr. Mason.
Records are complete, the assets ready for transfer
the moment the court gives the go-ahead.
Well, with that kind of efficiency,
I'll consider letting you handle some of my investments.
Anytime, Mr. Mason, anytime.
And I'm sure that you'd find that Eric more than justifies
his reputation as being one of the top men in the field.
You're very kind, Harlan.
- Some coffee, Eric? - Uh, no, thank you.
I have a man waiting in my office.
Unless there's something else?
Just my thanks.
Pleasure.
Eric, what is it?
I just, uh, was dizzy for a moment.
You all right?
Yeah. Thank you.
If I go on checking balance sheets at 2:00 in the morning,
I'm gonna have to pocket my vanity,
admit I'm getting older and get myself some eyeglasses.
I-I'm all right, thank you.
It was a pleasure meeting you, Mr. Mason.
Uh, Aimee, no, uh, I don't want to see anybody just...
Something wrong, Mr. Pollard?
No, I just need a breath of fresh air.
I'll be right back.
It's the truth, Officer, the gospel truth.
I didn't smash my cab into this light pole.
'Course not, 'course not. I did.
It's just like I told you; you got to believe me.
This guy, this crazy guy, he jumps into my cab,
two blocks down there.
He jumps into my cab, and he's yelling,
he's yelling at the top of his lungs:
- "I'm gonna rob a bank!" - Yeah, sure, I'll bet.
That's what he said: "I'm gonna rob a bank!"
You offered to drive him to the bank?
Officer, you just ain't listening.
Like I told you, he gets in and he sticks a gun
in the back of my head, makes me get out of the cab.
Then he gets in and drives, all by himself,
drives right here, right here and smashes my cab
into that light pole!
That's right, Officer. I saw it happen.
He's telling the truth.
Oh? What's your name?
That's him. That's him!
That's the man!
Well, don't just stand there; arrest him.
He's the guy that stuck me up and smashed up my cab!
- Now, look, fella... - That's the man, all right,
Officer, I recognize him, too.
Sure it is. Sure, that's him.
Well, just a moment, now, what's going on here?
What is this, Officer?
I'm sorry. Now, just turn around.
This is ridiculous.
If it is, I'll be the first to apologize.
Now, turn around, lean forward,
put your hands against that wall.
Mister, you're under arrest.
Court is adjourned.
Oh, that Burt's the most tenacious young man
I've ever encountered in a courtroom.
- He wears me out. - Not a bad lawyer, either.
Bad? One of these days, Burt will be wearing
a judge's black robe; it's in the cards.
Oh, I put a file there on your desk.
State v. Eric Pollard.
Why this one?
The supervising deputy probation officer,
Roy Galen's, outside.
He wanted to see you about the case.
Oh, well, show him in.
Judge Alder will see you now, Mr. Galen.
- Oh, hello, Roy. - Your Honor.
- Glad to see you. Sit down. - Thank you.
I didn't know the supervising probation officers
personally handled cases.
Is Eric Pollard your baby?
No, he's nobody's yet.
I don't even know him.
I'm sure he doesn't know me.
His wife's a friend of mine from years back.
- She asked me for help. - Oh.
Well, without prejudging the matter,
I would say that this report is pretty cut-and-dried.
When Pollard is tried,
if he's convicted... you understand, if he's convicted...
Then and then only will the probation department
become involved, impersonally.
Don't jump me yet.
I'm not stepping out of line, legally or ethically.
But you do want to help this man's wife
all you can, don't you?
Now, don't get any ideas.
I proposed to Sibyll a long time ago but got turned down.
Now, all I'm suggesting is
that you request a probation report now
under CCP 131.3.
Before trial?
The gun they found on Pollard,
the gun he allegedly used
to stick up the cabbie with,
it's an old Japanese war souvenir,
the firing mechanism removed 20 or more years ago.
Completely inoperable.
Unless you want to use the butt to, uh, crack walnuts.
He was gonna use that to hold up a bank?
Yeah, the neatest trick of the week.
You see, he was arrested at 9:25 in the morning.
Well, the banks don't open till 10:00.
Oh, I think I see what you mean.
With a probation report before trial,
there's a possibility there might not be a trial.
All right, Roy, 131.3 it is.
But I must have a psychiatric evaluation
along with the probation report.
Fine.
♪♪
Well, here's another incident.
You agreed orally with the terms of the contract
and asked that it be prepared for your signature.
Then you signed another contract with a different company
for the same services less than an hour after you agreed
to the first contract.
Would you care to look at the records, Mr. Pollard?
No, Dr. Jenkins, if you insist that's what the documents show,
well... I certainly don't question your integrity
or your good intentions.
But you question the validity of the proofs I've shown you.
Proof that I am mentally incompetent?
Yes, of course I question that.
Do you think they've been fabricated
or manufactured to embarrass you?
No, I'm not suffering from a persecution complex, either.
I can't imagine anybody who'd want to deliberately
create evidence of my misfeasance.
But during the past two weeks, there have been
half a dozen separate but similar circumstances of...
well, shall we say, highly unlikely business procedures
on your part.
Why, your office has only just learned of them since yesterday.
Now, if they're not true and not fabricated,
how do you characterize them?
Misinterpreted facts.
I never did, I never could have done such things.
And the episode with the taxi?
Oh, come, now, Dr. Jenkins, you know as well as I do
- that cabdriver was lying. - And the witnesses?
Mistaken, I should guess.
What about the fact that your wife identified
the gun as one of your souvenirs?
Quite a few Japanese pistols were brought home
in the 1940s, Dr. Jenkins.
Your wife couldn't be mistaken
in her identification?
Sibyll's a... wonderful woman.
Really wonderful.
Then you have a...
happy personal relationship, a good marriage?
More happiness than a man has a right to ask for.
Um... I've really been blessed to have her as my wife.
Then there's no rift between the two of you?
Rift?
Ridiculous.
Is that what she says?
Well... Has she said there is a rift?
I love her. I...
I-I told her that I love her.
She never begged you for a divorce?
Who is he? What's his name?
You're a doctor, maybe she's told you,
maybe you know.
Who's the man she's in love with? Who?
Who! Who!
"Therefore this persistent delusion,
"coupled with the sporadic irrationality,
"leads to no conclusion other than that Eric Pollard
"is unable, unassisted,
"to manage or to take care of his property,
"and by reason thereof is likely to be deceived
or imposed upon by artful or designing persons."
Well, the language complies with the codes...
A legal definition of incompetency.
You mean that psychiatrist found Eric insane?
No. Merely incompetent, at present,
to handle his own or anyone else's business affairs.
Well, that's exactly what we do...
Handle other people's business affairs,
manage their investments.
Dean, you're the company lawyer.
Where does all this leave us?
Does it force a dissolution of the partnership?
I wouldn't want to do anything to hurt Eric,
but on the other hand...
Well, the partnership agreement states
that in the case of a temporary incapacity,
his wife has power of attorney,
more or less a guardian ad litem.
Me? Eric's guardian?
Strictly pro forma, Mrs. Pollard.
A matter of record until we see
how long this situation with Eric will last.
I suppose, Mr. Galen,
that the charges against Eric can be dropped now,
and he can be checked into a good rest home for treatment?
No, Mr. Talbot, that's not what happens now.
But if the psychiatrist's report
merely states that he's incompetent...
In business affairs, yes.
But it also states that at the time
of the commission of the act involved,
Eric Pollard could not only distinguish
between right and wrong,
but was fully aware of the consequences of his act.
I don't understand, Roy.
What does that mean?
It means your husband is going to have to stand trial.
Now, before we go on the record,
let me make the position of this court perfectly clear.
I'm holding these proceedings in my chamber in the hope
that the matter may be resolved through probation.
Now, to me, probation is a very simple and effective method
of applying corrective assistance
to those in conflict with the law
without harm to society.
Now, Mr. Burger, do you have any objection
to our handling the matter in this way?
Judge Alder, the district attorney's office has no desire
to see a first offender, especially a man like
Mr. Pollard here,
destroyed by the adverse publicity of a criminal trial.
We're perfectly willing to accept proceedings in chambers.
But as to probation, Your Honor,
may I remind you that this charge is armed robbery?
Section 1203 grants judicial discretion
in unusual cases, Mr. Burger,
such as the determination of the distinction
between a deadly weapon and a souvenir.
Very well, Your Honor.
The District Attorney's office will be happy
to drop that particular hot potato right in your lap,
with every confidence
in the court's ability to judge the facts.
I'm not sure
I should thank you for that, Mr. Burger.
I'll reserve decision.
Counsel for the defendant?
Dean Franklin for the defense... Present, Your Honor.
Mr. Franklin,
in the charges in the information,
how does your client plead?
On all counts, guilty, Your Honor.
And you waive arraignment of judgment, Counsel?
So waived, Your Honor.
There's no legal reason why sentence
should not now be imposed.
Will the defendant please rise?
The court finds you guilty as charged,
and sentences you to five years at hard labor
in the state penitentiary.
- But... - It's all right, Eric.
Just procedure.
The county probation officer?
For the record, copies of the probation report,
authorized pursuant to section 131 point three
of the Code of Civil Procedure,
have been furnished the court and all parties to the action.
It is respectfully recommended, Your Honor,
that the defendant, Mr. Eric Pollard,
be granted probation.
Mr. Pollard, the sentence is herewith suspended.
You are placed on probation for a period of three years,
upon the following conditions.
That you make full restitution for all damages,
that you will cooperate with the probation officer
on a plan for a weekly psychiatric treatment,
and that you report to, as directed,
and obey all laws, orders, rules
and regulations of the probation department and the court.
Do you understand the terms of the probation, Mr. Pollard?
I do, sir.
Do you accept them?
I do.
It is so ordered. Court is adjourned.
Uh, just one moment, Judge Alder.
Yes?
Believe me, sir, I cast no aspersions on this court,
but I want my wife, you, Sibyll...
I want you to know you don't fool me for a moment.
Eric.
This is no more than a clever effort to circumvent my wishes,
to divorce me and marry your lover.
Eric!
I know who it is now.
Him! That man!
The probation officer!
No, no, no, darling, I don't want to wait.
What else can we do?
I can't leave him now.
Yes, I feel just as badly as you do,
but it only means postponing the trip, not giving it up.
And just for a little while, sweetheart.
Just for a little, little while.
I know it won't be long.
I love you, too.
Of course I love you, but...
Your maid let me in.
I have some papers Mr. Franklin wanted you to sign.
I was on my way to the office now
in just a few minutes.
These are forms to be signed for the bonding company.
You can go on over to the office.
I'll run these right over to the bonding company.
- They're waiting for them. - Bonding?
In temporarily acting for your husband
under the power of attorney,
I believe Mr. Talbot told you that you had to be bonded.
Would you sign right here, Mrs. Pollard?
Miss Wynne... Aimee, that telephone call...
I've been your husband's private secretary for ten years.
Please don't ask me to understand.
But you don't understand.
There's nothing I can do about what destroyed Eric Pollard,
but I don't have to like it.
You self-righteous snob!
I couldn't care less what you think or what you like!
Will you sign, please?
Thank you.
I seem to have misplaced my car keys.
I have a set in the desk.
Unless that's a delusion, too.
Tricky things, delusions.
Ah, here they are.
Saved the day.
Saved my sanity, and saved cab fare.
Ladies, I'm on my way, like a good little boy,
to report to my alter ego, the probation officer.
Rather pleasant young man named Nat Rudick.
But if I run into his boss, Mr. Roy Galen,
I'll be sure to give him your love, Sibyll.
There we are.
Signed, sealed,
and through the good offices of Mr. Franklin, delivered.
Mr. Mason, I think that should take care of the estate
of the young man who died in Europe.
Thank you.
I feel so funny every time I sign for Eric.
At least we know that Eric did a wonderful job on that last one.
And I understand, Mr. Mason,
that your accountants were very pleased, too.
Everything correct to the last decimal point.
Well, in that case, let's just go down to the club
and celebrate over some lunch, huh?
Pollard.
That's who I want, Sibyll Pollard.
Mr. Mann.
Leo, what is it?
You, lady, you're the only female around.
Is this your John Henry signed at the bottom here?
W... why, yes. I'm Sibyll Pollard.
Then what in blazes did you do with my money?
Now, wait a minute.
Leo, you may be a valued client, but...
A quarter of a million in blue chips liquidated.
On her authority.
Yours, lady.
My $250,000, where is it?
Aimee, will you come in here, please?
Mr. Mann, I don't know where you learned your manners but...
No.
Hold it, Dean, please, hold it.
Leo, you've been out of town.
Now, you know very well
the company's most likely just been rearranging
the holdings in your portfolio.
Mrs. Pollard here
would have merely signed the order, that's all.
There's no reason to get excited.
Aimee, will you check Mr. Mann's portfolio, please?
That's just what I've been doing, Mr. Talbot,
and there is something I don't understand.
You see,
Mr. Pollard always handled Mr. Mann's account, personally,
until, well, until, uh...
Until she, her there,
signed the authorization to liquidate some of my stocks.
Now, what in the name of...
All right, all right, Leo.
But your quarter of a million is perfectly safe
in a company that handles ten times that amount each month.
There's probably a very simple explanation for this.
Well, I'm sorry if I've offended the lady,
but this business is crazy!
Mr. Mann, this company is trustee for your investments,
not any one individual.
You agreed to that setup when you became a client here.
You must also be aware of the fact
that like anyone else who signs orders,
Mrs. Pollard is personally bonded.
So, if you'll be good enough to give us a minute
until we've finished our business with Mr. Mason.
Oh, that's quite all right.
I'm leaving now.
Good day.
Well, won't somebody start to explain?
All right, so you're an intelligent, well-educated man,
a man capable of separating, in his own mind,
the real from the unreal.
Separating facts, facts, doctor,
from those terribly naughty mistakes of the imagination.
What do you call them, Dr. Jenkins, illusions?
Well, if you're referring to your stubborn belief
in your wife's so-called romantic entanglements...
So-called?
You keep saying it's obsessional,
more a delusion than illusion,
a symptom, perhaps, of paranoia?
Well, an unreasoning belief in the impossible...
Is called a delusion, right?
All right, yes, it's called a delusion, but...
This is a letter from South America.
A letter confirming a one-year lease
on a furnished apartment,
leased in the names of Mr. and Mrs. Stephen Porter.
An S, Doctor, and a P.
My wife, um,
has expensive, initialed luggage.
Well, and S and a P can stand for Steven Porter.
They're nothing but initials.
Nothing to indicate that those initials have
to be your wife's.
Oh, of course not.
Especially when the confirmation
is addressed not to Mrs. Steven Porter,
but to Mrs. Sibyll Pollard, my wife.
Here, take a look.
Well, there's probably some explanation.
Oh, yeah, of course.
For this, as well.
Two tickets, one-way tickets, to South America
reserved for Mr. And Mrs. Steven Porter.
I found them hidden in my wife's bedroom
along with the confirmation of the reservation.
Now, good doctor,
what were you saying about, um, a delusion?
But it could have been the maid.
But Eric must have taken them.
It had to be Eric.
It couldn't be anybody else.
Roy, please.
I begged you to come here
because you've got to get them back from him.
Sibyll, Sibyll, please, please.
Roy, you must.
What was that light?
Somebody took a picture of us.
♪♪
And so in answer to your request...
Perry Mason's office.
Just a minute, please.
Roy Galen for you.
Probation officer.
Roy, how are you?
In trouble, I'm afraid, Perry.
Can I help?
Well, that's why I called.
Any chance I can see you in the morning, early?
8:00 early enough?
Fine.
Thank you, Perry.
Couple of reports I'd like to go over with you, Mr. Galen.
Sure, Nat.
County probation, Officer Roy Galen.
Don't! Please don't!
You're hurting me... hurting me...
Sibyll, is that you?
What is it?
No, no, don't!
No, no, no!
Sibyll, are you all right?
What was that?
Mr. Galen.
Mr. Rudick, step aside, please.
I'm going into that man's office.
I'm your probation officer, not Mr. Galen.
He's the supervisor.
Anything you have to say, you say to me.
This is personal and private.
I'm afraid nothing a probationer does is private.
You see, Mr. Pollard, he isn't here.
Then I'll wait for him here.
All night, if I have to.
That's more than irrational.
It's stupid and impossible.
Don't forget the bit about delusions.
I suffer from that, too.
Here, take a look at that.
Tell me how stupid and irrational I am.
That's right, my wife in Roy Galen's comforting arms.
I'll wait, Mr. Rudick,
because when Roy Galen comes in,
I'm gonna kill him.
Sibyll?
Sibyll!
County probation, Nat Rudick.
What?
That was Roy Galen.
Is he coming back here?
No, he's not.
He was just arrested.
Arrested?
Arrested for what?
For the murder of your wife.
$250,000 were stolen
from the account of Mr. Leo Mann.
A quarter of a million dollars worth of stocks liquidated.
Liquidated by whom, Mr. Talbot?
Well, Sibyll Pollard's signature was on the order, of course,
but that's only a temporary...
Mr. Talbot, you've heard evidence in this courtroom,
have you not, about the reservations
that Mrs. Pollard made
for herself and a man in South America,
a furnished apartment leased for one year?
Yes, I have.
And, of course, the reservations she made personally,
one way tickets to South America for herself and a man?
Yes.
Mr. Talbot,
assuming Sibyll Pollard wanted a large sum of money
with which to live abroad,
couldn't she simply have obtained
as much as she wanted from her own estate?
I object to the question, Your Honor.
It assumes facts not in evidence.
Moreover, it calls for opinion and conclusion
from the witness.
May I remind counsel, Your Honor,
that Mr. Talbot is an acknowledged expert
in the field of trusts and estates.
And furthermore, Mr. Talbot personally set up the estate
from which Mrs. Pollard derived her income.
I will gladly stipulate
that the witness is indeed an expert,
but not as regarding the personal and private desires
or motivations of Sibyll Pollard.
Objection sustained.
Rephrase your question, Mr. Burger.
Mr. Talbot,
was Sibyll Pollard a wealthy woman?
Well, actually, no.
She had a life estate,
the use of income from some real estate
set up by her late father before she was married.
I believe it provided her with separate income
of approximately $500 a month.
I see.
Could she have sold this property
and used the cash for her personal wants?
No.
Under the terms of the will, it was possible for her
to pledge it as security for the bond she needed
in order to continue to receive Eric's income as his guardian,
but she could not sell nor otherwise dispose of it.
Well, what happened to this property
when Sibyll Pollard died... was murdered?
Did her husband inherit this life estate?
No, at her death,
the property was automatically assigned,
under the terms of the will,
to a group of specified charities.
That is, what's left of the estate
after the bonding company satisfies its security pledge
to pay off that quarter of a million dollars.
So, what Sibyll Pollard could not do directly,
that is take money from her own estate,
she could do indirectly by embezzling the funds
and letting a bonding company recover
from her estate?
Objection, Your Honor.
I withdraw the question.
Your witness.
No questions.
I call Dean Franklin to the stand, please.
Mr. Franklin, to your personal knowledge,
was the decedent, Sibyll Pollard, happily married?
No.
On what do you base that answer?
She came to me, as an attorney,
to the request that I initiate divorce proceedings
against her husband, Eric Pollard.
I see, and did you?
No. I explained to her
that she had no legal grounds for a divorce.
Eric Pollard, if he was nothing else,
was a good husband in every sense of the word.
Really?
Well, since she was married
to this paragon of matrimonial virtue,
why did Mrs. Pollard want a divorce?
She... she was in love with another man.
She said on the telephone,
"I just can't leave him just now."
Then she said: "It only means postponing our trip,
not giving it up, sweetheart".
And then what did she say, Miss Wynne?
She said, "I love you, too."
Then she turned and saw me standing
in the doorway and hung up.
No, Miss Wynne, as I understand it,
you were there to get Mrs. Pollard's signature
on some papers, is that correct?
For the bonding company, yes.
Well, then you probably the person
who had the decedent sign the authorization
liquidating that quarter of a million dollars
from the account of Mr. Leo Mann.
Oh, no, sir, I never saw that paper.
Well, didn't you handle Mr. Mann's account?
I didn't handle it.
I did do all the secretarial work on it
for Mr. Pollard,
but he never gave me that authorization to prepare
and neither did anyone else in the office.
Well, that authorization was certainly prepared by someone?
And the money was transferred.
Yes.
Now, handwriting analysis has proven
that the signature on that authorization
was unquestionably Mrs. Pollard's.
Since you claim you didn't prepare the authorization,
perhaps you processed it?
No, I didn't process it,
but our office records show that it was processed
after Mrs. Pollard had the right to sign her husband's name.
Let me ask you this, Miss Wynne.
When Leo Mann practically accused Mrs. Pollard
of stealing that money in your presence,
did Mrs. Pollard deny it?
Not in my presence, she didn't.
All I know was she was pretty shaken up
and very upset.
Thank you, Miss Wynne.
I couldn't hear anything
on the other end of the phone conversation,
but whatever it was, it upset Mr. Galen.
What did Mr. Galen say to the other party on the phone?
Well, he just kept calling out,
"Sibyll, Sibyll, what is it? Are you all right?"
And what did he do then?
He ran out of the office.
When Mr. Galen ran out of the office,
did somebody else, by any chance,
run into it, looking for him?
Yes, Mr. Eric Pollard.
He wanted to see Mr. Galen
to, uh, show him a photograph.
Was it this photograph, Mr. Rudick,
people's exhibit seven?
A photograph of the decedent, Sibyll Pollard,
in the arms of the defendant, Roy Galen?
Yes.
What time was it, Mr. Rudick,
when the defendant, Roy Galen, ran out of his office
in response to a phone call from somebody he called Sibyll?
It was about 8:30.
9:15?
No, that's a little too precise.
I'd say that Sibyll Pollard was murdered somewhere
between the hours of 9:00 and 9:30 p.m.
I see, and what was the cause of death, Doctor?
Manual strangulation.
From the absence of finger marks on the throat,
the murderer used his forearm
or the palm of his hand to exert pressure
against the front of the larynx and close the lumen
by shortening its anteroposterior diameter.
The autopsy disclosed only the signs of asphyxiation
without any discernible marks on the skin
and only barely perceptible injuries
to the deeper structures of the neck.
A motorcycle officer spotted the defendant, Roy Galen,
driving his car in excess of 60 miles an hour
in a 30 mile zone and gave chase.
Did he apprehend him, Lieutenant?
No, sir, he lost him on a blind turn
and a fork in the road.
When the officer realized the defendant must have taken
the other turn, he called in.
Headquarters ordered a squad car
to patrol the immediate area in circles
and they eventually located the car of the defendant
on a street.
Exactly where was the car located
when they found it?
Outside the home of the decedent, Sibyll Pollard.
And was Roy Galen, the defendant,
in the car at that time?
No, sir, he was not.
Just as the squad car officer
started up the walk to the house,
the door opened,
and the defendant came running out
practically into the officer's arms.
Exactly what time was that, Lieutenant?
9:30.
And did the officer then go
into the house with the defendant?
Yes, sir, he did.
He wanted to find out what he was running away from.
That's when he found the body of Sibyll Pollard
in the library, dead.
You say your name is Lawrence West,
and that you're a licensed private detective?
That's right. Larry West,
West Confidential Investigations.
I show you this picture, Mr. West,
people's exhibit seven.
I ask
if you were hired to take that picture?
Yes, I was.
- By whom? - Mr. Eric Pollard.
He said his wife was carrying on with some man.
He wanted me to shadow her and get proof of who the man was.
That's it, that's the proof.
Well, this seems to be proof
only that at this particular moment,
the defendant was holding the decedent in his arms.
All right, she was carrying on with him
to the point where she was in his arms, yeah.
However, this photograph was apparently taken at close range.
If the two people in it had been talking at the time you took it,
you might have heard what they said.
Well, she was practically hysterical,
asking him to get back some stuff for her
that her husband had found hidden in her room.
Go on.
Well, that's when I took the picture.
It was a flash picture.
He chased me.
I see, so you didn't hear anymore?
Oh, sure, I heard more.
You did... how?
I doubled back, that's all.
Just made a circle and came right back behind them...
Out of sight.
So then you actually heard more conversation
between the defendant and this woman
who was to be found murdered in a matter of hours?
That's right.
He... the defendant... He was real mad now.
She was crying and carrying on.
He couldn't stand it.
When she said, "I'm afraid...
afraid he'll kill me,"
well, the defendant grabbed her by the shoulders,
and he sort of shook her.
And did he say anything to her at that moment?
He sure did.
He held her hard and he said:
"Right now, if anybody's gonna kill you, Sibyll...
it'll be me."
Mr. Eric Pollard?
- Yes. - My name's Paul Drake.
I'm a private detective.
Well, that's interesting, but I already have one, thank you.
I know. But he only found a man.
That's all I paid him to find.
What about a quarter of a million dollars?
You saying you know what my wife did with that money?
Well, I don't exactly want to broadcast what I know.
Oh, we're alone in the house.
Well, Mr. Drake?
I understand there's a reward
for the recovery of stolen property.
Mr. Drake, I'm a rather...
unfortunate financial orphan at the moment.
I'm, uh... incompetent, remember?
But you're still a partner in the firm
from which the money was stolen.
So is Harlan Talbot. Why don't you
sell your information to him?
Because just maybe, he might not be in the market.
Obviously you know me.
I like to make sure who my business associates are.
You have identification?
- A license? - Certainly.
Well, Mr. Pollard, ready to talk?
Yes, Mr. Drake, I'm ready to talk.
Good.
- To the police. - Hold on.
An implied threat to expose Harlan Talbot
as an embezzler if I don't arrange a payoff?
That's extortion.
- Don't you believe me? - Believe...
Every word was a lie.
A stupid, clumsy lie even a child could see through.
That's a laugh.
From a guy the court says is off his rocker,
who smashes a cab, then beefs he wasn't even there.
I'll admit I was there, that I did it.
I'll swear to it under oath.
Just as I'll swear under oath to what's happened here, now.
Just a minute.
If you're so anxious to swear under oath,
be in court tomorrow morning.
What's this?
A present, Mr. Pollard, from Perry Mason.
A subpoena. Good night.
Doctor, you examined the decedent
at the scene of the crime?
Yes. I answered the police call.
Did you also examine the defendant?
The defendant?
Well, he stated to the police
that he had been struck on the head,
momentarily knocked down.
Yes, he did. Yes, I...
did examine his head.
May I ask what you found?
Oh, a slight bruise
where he claimed he had been struck.
Claimed?
Well, what I meant was, he... could just as easily
have struck his head on a piece of furniture
during the struggle.
What struggle?
Well, when he was strangling the...
I, um...
hope we're not wasting the court's time, doctor,
reviewing the facts of a case in which you have
not only determined exactly what happened,
but have determined the guilt of the defendant as well.
I'm sorry, Mr. Mason. You're right.
That was merely an assumption on my part.
Was your estimate of the time
of Sibyll Pollard's death also an assumption?
No, of course not.
My estimate was based on an examination
to determine the lapse of time between death,
and the time I examined the body.
You found pronounced stiffness in the body musculature?
Almost spasm.
Unquestionably recent muscular exertion
in fighting off the strangler.
Or could it have been normal rigor mortis?
Now that is possible, isn't it, doctor?
Well, yes, I suppose it is.
Just as it's possible that the fire in the fireplace
affected the change in body temperature?
Well, actually, when I arrived
there was practically no fire at all.
If there had been a fire
effecting the body temperature,
could death have occurred as much as half an hour earlier?
Say at 8:30?
Well, put that way... yes, it could have.
At 8:15?
- Well... - Or 8:00? 7:30?
Early as 7:00, perhaps?
Oh, come now, Mr. Mason,
I'm sure you know that's highly unlikely.
And I'm sure you know that your estimate
was based less on what you observed as a doctor
than it was on the fact you
knew the time of the defendant's presence,
took it for granted he killed Sibyll Pollard,
and assumed, therefore,
that she was killed at that time.
No further questions.
No questions, doctor.
The witness is excused.
The defense calls Dean Franklin.
Mr. Franklin...
do you know Section 118 of the Penal Code?
My practice doesn't include criminal law, Mr. Mason.
Section 118 defines when a person is guilty of perjury.
I suggest you may
find yourself guilty of defamation, counselor,
despite the privileged nature of this proceeding.
Seven months ago, you spent a weekend at Santa Barbara.
Two weeks later, Las Vegas.
A month after that, an entire week in San Francisco.
Is what I've stated true so far?
Yes, yes, I believe it is.
And in each instance, you registered
as Mr. and Mrs. Dean Franklin. Is that correct?
Perhaps you'd like to refresh your memory.
You examine these Photostats.
Are these your signatures on the registration cards?
Yes.
Mr. Franklin... are you married?
No.
Speak up, please.
No.
Have you ever been married?
No.
I remind you of Section 118 of the Penal Code,
and I warn you that I have proof of the answer
to my question.
Who was the woman you registered
each and every time as your wife?
Sibyll Pollard.
Sibyll and Dean... I'm shocked.
I'm absolutely shocked.
You were in no way involved with Sibyll Pollard?
Me? Oh, good heavens, no.
You weren't with her
in her house the night she was killed?
What?
When Roy Galen ran into that library,
Sibyll Pollard was already dead,
and then someone struck Roy on the head.
Where you that someone, Mr. Talbot?
You're out of your mind.
Where were you that evening?
I was at my club.
That's right, I was at my club.
I was to have had an appointment with Dean Franklin and...
"Was to have had an appointment?"
What happened?
Dean never showed up...
He left a message for me
that he'd had a call...
an emergency call... A call?
Yes, I think I do remember Sibyll making a call
early that evening,
but I had no more way of knowing
she was calling Dean Franklin than I had of knowing that Dean
was the man she was really in love with.
Your wife made another telephone call
later that evening to Roy Galen.
Did you also overhear that call?
No, I was downtown.
Oh, yes, of course.
In the probationer's office.
At 8:30 you were walking in one corridor
while Roy Galen was running out another,
just seconds after your wife phoned him.
Exactly.
So why you have me on the stand instead of Dean Franklin...
If Dean was in the house when Roy Galen got there...
Then you obviously had nothing to do
with your wife's murder.
Not unless delusions are contagious.
Mr. Pollard...
the district attorney and the Judge have agreed
to let me explore one of those delusions.
Now, undoubtedly,
someone was attacking your wife,
when she made her desperate call to Galen.
Now you could not have been that person, could you, Mr. Pollard?
Well, since I was downtown,
practically at the other end of that telephone call...
No one could be at both ends of a telephone,
is that what you mean?
Right now, for example,
you couldn't be sitting here by me
and be with Paul Drake at the other end of this phone?
I don't know what you're driving at,
but I certainly had nothing to do
with my wife's death.
Every word was a lie.
A stupid, clumsy lie
even a child could see through.
Mr. Pollard, did you kill your wife?
I'll admit I was there...
that I did it. I'll swear to it under oath.
Stop it!
Earlier...
one hour earlier, with a strong fire in the fireplace,
while you strangled your wife to death,
you recorded her voice on a portable tape recorder.
That's a lie. A lie.
You rushed down to the Hall of Records.
In the lobby, a public telephone.
You dialed Roy's number,
then played a section of that tape recording
to him over the telephone.
No! No! No!
Quickly, you hid the portable tape recorder
and ran in to the office to set up your alibi.
That was one hour after you'd murdered your wife.
Eric confronted her, in the library,
with the picture of the two of you taken in the park.
Tape recorder was hidden and turned on.
Perhaps he was only looking
for evidence to keep her quiet,
but she sort of lost her head,
and told him she'd called a lawyer
and was gonna expose him.
Eric didn't know that she had called Dean Franklin,
that Dean was the man she was in love with,
and he didn't know that Dean was coming over.
You see, it was Dean who hit you on the head.
He arrived just before you,
and walked in to find Sibyll Pollard dead.
After Sibyll knew of Eric's plan,
it meant his either killing her, or going to prison.
What plan?
A young man named Smith
unexpectedly died in Europe.
Eric Pollard was caught having illegally mortgaged
a quarter of a million dollars of Smith's assets
to obtain money for speculative investments.
Investments that went sour.
The Smith estate had to be closed.
So he turned to his wife.
But wait a minute.
That business of being incompetent.
It was a fake.
The business mistakes, the taxi routine...
all a planned fake.
And he'd prepared the necessary documents
in advance, and had his wife sign them.
And swiped the money from that overage Texas teenager
and made up the Smith shortage.
And I walked right into the middle of that.
Judge Alder was right.
Where trouble is concerned, the only good involvement
is no involvement.
I have a question, Paul.
How did you get Eric to let you record his voice?
Microphone and transmitter, self-contained with batteries.
The recording set's out in my car.
Nice, huh?
Nice?
You electronic eavesdropper.
It's not safe to even think around you anymore.
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