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Twilight of honor
Stand back! Stand back, now!
Hey, look at me.
Excuse me, sir. Watch that cable.
What do you think will happen to Ben Brown?
Man: well, they'll give him a trial and then the gas chamber.
Oh, I don't see why we ought to waste time and money on any trial.
Any rat that would kill a man like Cole Clinton ought to die.
Uh, pardon. What's your name, sir?
A friend of Cole's is all you got to know, like the rest of these here folks.
A better man never lived, right?
You bet! That's right.
You mean to say, sir, that a man like Brown ought to be executed
before he's had a fair trial and been found guilty?
Oh-ho! he's guilty.
Four months, that weasel hid out
before his own wife finally turned him in.
Besides, he signed a confession, anyway, didn't he?
What more do you need?
The quicker you get rid of him, the better.
Better for him, too. Why is that, sir?
Well, any man whose own wife would turn him in is better off dead.
Man: hey, here they come! Over there!
Here's the plane landing now.
Watch it!
Man: there he is. There he is.
Come here!
There he is. There he is.
Woman: kill him!
Okay, buck!
Over here!
Hi! Let's go!
Man: here!
Mr. Brown, Mr. Bixby.
You two should get to know each other.
David, come take a look.
Well, that's quite a show.
Oh, Mr. Crispin, isn't that Norris Bixby
down there with the sheriff and the prisoner?
I guess so.
Funny.
I wonder what he's doing with them.
I'm sorry to interrupt, but, uh, judge Tucker's on line four.
Mr. Crispin.
It's for you, David.
For me? You sure?
Okay.
Hello, judge Tucker?
Yes, sir, this is David Mitchell.
Uh, no, sir.
I didn't go to the airport for the, uh... reception.
Well, I, I had, um, some research to do on a brief I'm writing, sir.
Yes.
Well, no, sir.
Of course I'm not too busy to see you.
At your office? Yes, sir.
Right away. Yes, sir.
Judge Tucker wants to see me.
Then I guess you'd better go see him, son.
yeah, I guess I'd better.
Reporter:
How long... How long do you think it'll be before Brown actually comes to trial?
Gentlemen, in a case like this, I'd say justice will be swift and sure.
When justice is swift, you can bet your life it won't be very sure.
Now, son, if old man Tucker sent for me,
I wouldn't be standing around the courthouse steps dispensing platitudes.
No, sirree. I'd get me up there right away fast.
Yes, I would.
Uh, Mr. Bixby, [Clears throat] One more...
One more question, please.
Come in.
Young man,
if it hadn't been considered undignified and unjudicial,
I'd have gone down to the airport and attended that reception myself.
Clinton was a fine man...
A great man, in his way.
Nobody knows that better than I do, sir.
I went through law school on a Clinton scholarship.
Oh, yes. Yeah.
Well...
Uh, did you want to see me, sir?
Yes.
About this Brown case, Mr. Mitchell.
Well, I've heard talk about appointing a special prosecutor,
some people being critical of Paul farish.
Oh, Paul's a good enough district attorney, just a little too slow
to suit some people in this case.
What's the rush?
If Brown's guilty today, he'll be guilty two months from today.
Well, sometimes, a judge has to take the public temper into account.
Well, anyhow, sir, i don't think I'd fill the bill.
I haven't even tried a case in more than three years.
Not since your wife died.
Even before that, the few cases I did try, I was never a prosecutor.
Yeah, that job's already filled, son.
Norris Bixby...
Appointed him last night.
Oh...
So that's why he was riding in that caravan.
Old Bixby never misses a trick, does he?
You don't approve of Mr. Bixby, hmm?
Don't think he's big enough for the job.
Oh, he's big enough,
if you can measure a man by the size of his ambition.
There's nothing Bixby would have liked more than to take art Harper's
place as the best defense lawyer in this part of new Mexico,
but even now, with art sick, Bixby couldn't shine his shoes.
Think you could?
And think fast, son,
because I've just appointed you Ben Brown's defense counsel.
Appointed me?
I couldn't give him any kind of defense.
I haven't even touched a criminal case since I went to work for Mr. Crispin.
Why, I can't even remember where to begin?
You begin by getting a copy of the indictment.
Look, judge, this man's on trial for his life. Give him a chance.
You can't do this to him or to me!
It's already done, so from this minute on, you're wasting time... Mine and yours.
And you've got work to do, son...
because your client's gonna have to plead day after tomorrow.
Day aft...
I demand an extension of time to plead.
Denied.
Then I insist on a change of venue since
my client cannot get a fair trial in this city.
Denied. Anything else, Mr. Mitchell?
In case you don't remember,
you get a copy of the indictment from the district attorney.
Here, Davey.
Art.
Art, I'm in trouble.
Good,
if that's what it took to bring you back here after so long.
Now, I've been appointed to defend this man Ben Brown.
Oh?
I'm not good enough. I'm gonna need help.
They're asking for the limits.
Murder in the first...
no lesser charges.
They want this man dead, and they're not gonna let anything stop them.
Clint was a big man in this city...
A hero, and rightly so.
Now, no self-respecting prosecutor
would dare ask for anything less than the gas chamber for Clint's killer,
just as his lawyers...
wouldn't dare ask for less than the killer's freedom...
right, David?
Look, art, i know that theoretically...
"Theoretically?"
Is that all you learned watching me try cases in that courtroom?
Now, the prosecutor Special prosecutor, if you please...
is going to use every trick in the book
just to put Ben Brown in the gas chamber, as you're going to use every legal trick...
to keep him out.
And I mean every trick.
And if you're not...
then you get the hell off this porch and never come back here.
Art, that must have been a very good speech.
Now come on in to supper.
Susan.
How are you?
Hello, David.
I didn't know you were back from Chicago.
How could you? You never call.
Why, it's... It's good to see you again.
Damn it, i was just getting up steam.
I had him going, didn't I, David?
Oh, he had me going... Home.
Yeah, well, you stay and have supper with us.
Then we can talk.
David?
Oh, sure. Sure.
Good.
Well, come on in.
Oh, not a word about the Brown case till I get back.
How did she know about that?
Unless you knew about it even before I did.
- Drink, David? - Art?
You were expecting me here.
I bet right now, there are three places set on that table.
Well, we weren't exactly expecting you.
We just hoped.
How about a drink, boy?
The doctor let you drink again?
You pour yourself one.
A big one.
Now drink it.
Mmm, it's beautiful.
Beautiful.
Pour yourself another, slugger.
This is enough.
Wonderful. You know, that's how I have to drink these days...
Vicariously.
I get someone plastered,
then I stagger up to bed and sleep it off.
You ever get sick the next morning?
Awful.
Awful.
You know, some days, i promise I'll give up...
Smelling altogether.
Go on.
Attaboy.
Mmm, for the gods.
For the gods.
Presumption of innocence, even if I could assume it,
that jury, whoever they're gonna be...
is gonna know only one thing
what they've been reading the newspapers day after day.
Ben Brown is the confessed murderer of Cole Clinton.
Sure they will...
If you let them.
Talk to Brown.
Get his story.
Art, eat.
Without saying grace?
Dear lord, we thank you for this food we are about to receive.
Amen.
And for the canon of defense
of the American bar association, lord, quote,
"it is the right of the lawyer to undertake the defense
"of any person accused of crime regardless of his personal opinion
"as to the guilt of the accused.
"And, having undertaken such defense,
"the lawyer is bound by all fair and honorable means
"to present every defense that the law of the land permits to the end
"that no person
"may be deprived of life or Liberty
"without due
"process of law."
Thank you...
"Lord
Amen.
Tomorrow night, lord,
a little section
on picking juries.
Trouble is, I'm just not good enough.
A lawyer like you is what Brown needs.
Well, as a matter of fact...
It's not true.
Oh, all right.
I called judge Tucker,
and I just happened to mention that I was feeling fit again.
That's all I did.
Art?
You didn't also happen to mention my name, did you?
I did not.
He did.
And you didn't stop him?
Stop him?!
Hell, no. I was all for it.
But why?
Why me?
if you want Brown to to have a fair trial, to be well-represented?
Because I cannot.
So, I sat here asking myself, "who?"
"Who?"
And there was only one answer...
The kid who used to tag along behind me at the courthouse steps,
sat in court watching me day after day,
who was always underfoot every time I turned around,
and always handy to run out for hot coffee
or a sandwich or a law book
when I needed one,
the kid whose face i used to sneak a look at
to see how I was doing.
Did you know that, David?
No?
Well, it's true.
Art, do you have any idea?
What you've done to me?
I've already been kicked out of Crispin's office.
There aren't gonna be any jobs or clients in this city
for the man who defended Clint's murderer.
I wasn't thinking of jobs or clients. I was thinking about that poor slob...
Ben Brown...
without a friend, a lawyer...
nor a defense to his name.
Defense?!
They're looking for a pushover, and you let them pick one.
Sure, they figure to push you around.
One man standing in the way of a conspiracy this size?
Why, they'll cut you down like a stalk of dry wheat in summer...
If you let them.
Now, mind you, i don't even know if I could have won this one, even in my prime.
And why did I get you into it?
Well, you can cast me out along with the rest
and say I'm part of the frame up or...
you can figure I did it for Ben Brown and for you.
To keep you out of that damn library.
You'll have to decide which.
Art.
Art, if...
If I could come here...
use this place as my office. I'll need an office now.
Use your books and your help,
It might not be so bad.
And what if it turns out to be tougher than you think?
Well...
guess I'll have to watch you for reactions.
If I see you looking like that, I'll readjust.
Attaboy!
David...
if I thought you could stand it, I'd have another drink.
That's how good I feel.
I, guess, I better get to bed.
Good night.
Good night.
I love that man.
I'm glad you have feelings left for someone.
It's true.
It has been ever since Lillian was killed.
It's as though if you, felt again...
you might be hurt again.
Guess I'll have to get used to feeling all over again, then?
I'll try.
David.
Let me help you.
I mean, with this case.
I could do all your typing and help with witnesses, if any...
take down depositions.
After all, being art Harper's daughter,
I'm a pretty competent legal secretary.
Well, if there's one thing I've always wanted,
it's a "pretty" competent legal secretary.
I wasn't asking for compliments.
Oh, well, with me, you have to ask, Susan.
I'm a little rusty about those things.
Anyway, it's...
It's nice to see you again after so long.
Good night.
Mr. Mitchell.
Things have changed since you've been here, in there.
Fancy, huh?
yeah.
What's the name of your prisoner, Mr. Mitchell?
Brown
Here's your party, Mr. Mitchell.
Who are you?
Come in, Mrs. Brown.
Who are you?
Thanks, Gannon.
Thanks very much.
David Mitchell's the name.
What are you, another policeman?
Lawyer.
oh.
Ben's lawyer.
You wouldn't want Ben to die, would you?
I hope he croaks.
Look, Mrs. Brown...
I hate the name Brown.
Call me Laura Mae.
All right, Laura Mae.
Now, the reason you're here is because gannon made a mistake.
But even under the law, you gotta talk to me sooner or later, so...
please, huh?
Well...
I got nothing else to do.
I'm through with all my comic books.
Cigarette?
Oh.
How long have you and Ben been married?
Two years too long.
If you feel that way about him, why did you marry him in the first place?
He made me.
How could he make you?
Beat me up real good.
Or real bad, I mean.
Well, you should have seen.
We'd been traveling, we were in Louisville...
and Ben picked a fight with this fella...
this jockey friend of mine...
and we all went to jail.
Did you know about the reward when you turned him in?
If you think I'm doing this for a reward, there ain't gonna be much left.
I got to pay my lawyer.
After all, I could be tried as an accomplice.
And of course, the divorce is extra.
Well, there won't be much need for a divorce if Ben, uh, croaks, will there?
Tell me how it happened,
the day Mr. Clinton picked you and Ben up on the highway.
You must have read my story in the newspapers.
Well, I know that he gave you both a lift, found you a motel to stay at...
but why did he go inside the motel with you two?
Tired, he said.
Driving most all day from a cattle auction, drinking.
Just how did it happen?
The killing?
Oh.
Well...
they was in the other room.
You see, this was a two-room suite.
First watching the fights on TV...
then talking about a job for Ben.
Then Ben went out to fix the old man's car while I was getting ready for bed.
And Ben comes back steaming.
All his big talk, but no job, huh?
Mm-hmm?
Well, I'll fix him.
Did you take that out of his car?
Well, put it back.
We're gonna live high off the hog with a wad like he toting.
Ben!
Shut up.
Ben!
Ben!
Ben, no, please!
Now, you say anything
and I'll kill you, too, you hear?
Now, let's go.
Then Ben cleaned up...
and we beat it in Mr. Clinton's car.
Where did you split up?
Saint Louis.
He gave me some money and told me to wait for him at my uncle's in Lansing.
He went up to Springfield... Mass, that is...
to his cousin's.
And that's what you put in your written statement for the sheriff and the prosecutor.
I can't tell it exactly every time.
Oh, they've had you tell it over and over again, have they?
Till I'm sick of it!
One thing you ought to know about Ben.
He'll lie about what happened.
In fact, he'll lie about most anything.
I'll tell you something else, too.
Gannon didn't goof.
Mr. Bixby wanted me to talk to you.
So he can let everybody know, including the jury...
and they'd all assume Ben was getting a fair trial.
Well, that's great.
Can I have another one?
Sure. why not?
You've got nice hands.
A man who ain't got nice hands...
I can't stand for him to touch me...
even in the dark.
They asked me to have this man on tap for you.
Was that her?
Laura Mae? Was it?
Yeah, come on in, Brown.
Well, how... how is she?
In here.
It's okay. I'm your lawyer.
Never mind that, I want her to have a good lawyer.
Well, uh...
First of all, i don't like those sideburns.
Down here, only riffraff and tramps wear them. We'll cut them off for the trial.
You got a blue suit?
Any white shirts?
Any money to buy them?
Well, you got any relatives who could provide these things?
What do you have, Mr. Brown?
Well, I got... I got a cousin...
cousin Vera in Springfield. Vera Driscoll, only relative I know.
She a decent housewife type?
I reckon so.
Good, it'll help to have a woman like that sitting beside you
in court day after day. You write her, make her come.
I, I'll sure try.
Now, whatever I ask you, i want you to tell me the truth...
because if you hold out on me and the state surprises us...
you're... you'll be committing suicide.
Sir, i ain't no liar.
Ben, when they...
arrested you in Springfield, did you sign this confession?
Um...
Not at first, sir, so...
they kept pushing me.
All day.
Through the night, too.
They feed you?
No, sir.
And, uh...
just before dawn, they sent in this here officer
who come up there with sheriff Wheeler and...
he said...
"son, I come a long ways for what I want, "and I aim to get it so...
"you sign or I'm gonna stomp your guts out."
And, uh, he started grinding me.
Grinding? what's that?
Stands on my feet so...
and does it like this.
Were there any other threatening statements or actions?
Not when i signed this one.
Do you mean you signed another confession?
Yes, sir, yesterday,
the sheriff and a redheaded man come here, a mister...
Bixby, the special prosecutor.
Yes, sir, that's him. That's the one.
He, they asked me questions, and I answered them.
And, uh, uh, Mr. Elliot...
- Oh, he was here, too? - Yes, sir.
And he had a typewriter and kept putting most of it down.
How do you know he didn't put it all down?
He read it back to me, and there were some things missing.
Such as?
Well, uh, um...
they put in about how we stopped at palomino bar and all, but...
left out how I seen Mr. Clinton goo-balling Laura Mae all afternoon.
You saying he what?
Goo-balling, don't you know?
You know, you know...
grabbing at her and somehow getting her skirt pulled up all the time and feeling her.
Well, she'd feel pretty good if you seen her, you know that.
Yeah...
yeah, I know that. Listen, Ben...
have you ever been in new Mexico before?
No, sir.
Do you know anything about new Mexico law?
No, sir. Why?
I just wondered.
Chapter 40, section 24-14.
"Any person who kills another,
"who's in the act of having carnal knowledge of such person's legal wife
"shall be deemed justifiable provided
that said husband and wife are not living separate but together
"as man and wife."
So,
the state of new Mexico has an unwritten law that's written down.
But did Brown know about this? Or was he telling the truth?
Of course, even if he was telling the truth,
you saw the jury room. It's stacked.
Every name on there is a friend of Clint's.
Yeah, i was surprised to see that they didn't have Amy Clinton's name down there.
So this may be the surest way of putting Brown in the gas chamber.
Or the only way to keep him out.
You found a defense?
Brown killed Clinton because Clinton was committing adultery,
with Laura, Mae, Brown.
Mr. Clinton?!
You see? There's your jury reaction.
Oh, why, that girl is no older than Alice Clinton.
And besides, if you know Mrs. Clinton...
Well, you hate to think of her being mixed up
in something as scandalous and as painful as all this.
Of course, she's right.
To save everybody's tender feelings, we ought to let the poor slob die.
Art, i wasn't saying that, but...
But what?
How are you gonna plead a defense without saying it out loud,
and at the right time?
If that's why Brown killed Clint, why didn't he say so to somebody?
Maybe he did. Never said it to me.
Ah!
Proving that he doesn't know this section of the law.
Which brings us to the confessions.
Why, in a case that looks so open and shut,
did they, did they want several confessions?
Unless maybe something was left out of the first one.
Or put in that they didn't like.
Right.
They just wanted to ram this through
as a routine robbery murder without mention of adultery,
so the prosecutor...
A special prosecutor...
which finally explains why Paul farish isn't handling this case himself.
Nobody could bribe Paul to hide the adultery angle.
Of course, there could be connivance.
The husband's connivance in or ascent to the adultery,
deprives him of a defense.
It's old common law, way back to blackstone.
Well, that's not the case here.
No matter.
You plead 24-14, they'll hit you with it, you can bet on it.
And you haven't got a single witness.
Except Brown.
Not worth a damn...
without corroboration.
Art...
if Brown is telling the truth,
I should be able to prove it with the state's witnesses.
Attaboy! Art!
The doctor said you were to avoid undue excitement.
The doctor's never been mixed up in an adultery murder case.
How does he know what undue excitement is?
David...
do something for me, will you?
Well, sure.
Congratulate Ben Brown.
I think that poor slob has finally got himself a lawyer.
Good night, David.
Oh, good night, Sue. Thanks for supper.
Oh, oh, Sue, there is...
there is one thing.
Yes?
Would you mind picking out a dark blue suit
and some white shirts for Ben for the trial?
No, of course i wouldn't mind.
Oh, and...
about Clint and that girl...
David, I'm a big girl now.
I know about things like sex, and adultery
and what men and women do.
So don't treat me like a child, okay?
No, I...
you know, Lil used to say, when I...
That's another thing, don't tell me what Lillian used to say.
I'm sorry.
You know...
the day you married Lillian was the saddest day of my life.
I cried and I cried.
And if Art knew, he didn't say anything.
But if you remember, he didn't insist i go to the wedding, either.
That's right, you weren't there.
David, it's the wrongest thing in the world for a woman to say to a man...
But I loved you then.
And I love you now.
Sue...
Sue, wait a minute.
Some other time, maybe...
when it's your idea.
Good morning, Mrs. Driscoll.
Sorry to keep you waiting.
They're waiting for you, Mr. Mitchell.
- Howdy, sheriff. - Hi.
- Hi, David. - Paul.
David, you know our assistant special prosecutor,
Jud Elliot.
- Howdy. - Hi, there.
And...
Norris Bixby.
Hi.
Something wrong, Sonny?
Oh, i just wanted to see what was so special about a special prosecutor.
All right, gentlemen.
Let's get the ground rules settled.
We have a venire of about 500 names.
There shouldn't be any trouble picking a jury, should there?
No, sir.
I'm waiting for your answer, Mr. Mitchell.
Oh, just one small legal point, sir.
Yes?
Do we need a jury at a lynching?
I mean, is it necessary to have those possemen
swarming all over this courthouse in uniform?
This isn't a trial. It's a drumhead court-martial.
Drumhead court-martial?
You're talking about the citizens of this community,
friends of the deceased.
They're here not to tamper with justice, but to observe it.
And if the day ever comes when the average citizen's prevented
from witnessing our courts,
in operation, then I say we've seen the last of freedom.
You can use that speech no matter what office you run for.
Your honor, I'm not gonna stand by here
and allow this young squirt to cast aspersions...
I hereby rule that the citizens of this community,
have the right to be anyplace they please
and to wear whatever they please so long as it's decent.
Now, gentlemen, see you in five minutes in court.
So it's true, Mr. wilden,
that you are a member of the following organizations
of which the deceased, Mr. Clinton,
was also a member...
The shriners, the possemen,
the odd fellows, and the legion.
That don't mean i wouldn't be a fair juror.
I ask that this juror be removed for cause.
Sufficient cause not having been shown, the juror remains.
We will now recess for lunch and reconvene at 2:00
to finish picking a jury.
Adjourned.
Is it fair?
Any jury selected here will be made up of Clint's friends,
but I'll do my best.
I mean her.
Should she be talking with prospective jurors?
- May I buy you a sandwich? - Love to.
Who is she?
Tess Braden, Laura Mae's mother.
She hates Ben.
She always has.
Well, come on, we better go to lunch.
Extra, extra! Read Brown's confession!
Extra, extra! Read Brown's confession!
Extra, extra! Read Brown's confession!
Damn it, Paul, how could you do a thing like this?
I don't care how guilty he is.
Every prospective juror's gonna see this
before they come back into court this afternoon.
You didn't do it, did you?
David, I agreed to a special prosecutor and gave him a free hand.
Isn't there anything they won't pull?
Uh, Bixby, you did this.
The way you say that, Sonny, sounds like you expect me to deny it.
Well, sure, sure, I did it.
Why, if it wasn't impossible to pick a fair jury before,
it will be now with this.
Does winning this case mean so much?
What do you want to be, president?
Mr. Mitchell...
you're defending one person.
I'm defending an entire community,
protecting them from the likes of Ben Brown.
One of the best ways I know to protect people is to inform them.
With a phony confession.
We have every reason to believe that confession to be true and accurate,
and that it will be sustained by the court.
Yeah, I'll bet.
Mr. Elliot...
did anyone exert any pressure on the defendant,
Brown to procure this confession i show you now?
No, sir.
Thank you.
Ain't that Clint's family?
Hey, there's Amy Clinton, Clint's widow.
Excuse me.
I told you Amy Clinton would show up.
Thank you so much for coming.
Didn't you forget something?
76 trombones.
Mr. Elliot, what signatures do you see on that confession?
Mr. Benjamin Brown,
witnessed by Mr. Norris Bixby and sheriff b.L. Wheeler.
Thank you.
Your honor, may I offer this confession,
state exhibit number one, in evidence at this time.
Mr. Elliot, how long did the meeting in creative
writing last that resulted in this so-called...
Young man, how dare you start your cross-examination
while the court is looking at an exhibit!
Oh, I'm sorry, your honor.
I just assumed that, like the jury and everybody else in this city,
you had read the confession in the newspapers.
Now, Mr. Elliot...
did you tell the defendant that some of what
he said was being left out because his confession ran too long?
I did not.
Would you know, Mr. Elliot,
if the defendant made and signed any previous statements or confessions?
In Springfield, Massachusetts, where he was apprehended.
As an attorney, are you aware that if one confession is given involuntarily,
all subsequent confessions by the same defendant
must be regarded as involuntary?
I am.
Mr. Elliot...
if the defendant were forced to answer questions all day and night
without sleep, food, or water,
and if a 200-pound law officer from the sunshine state of new Mexico
stood on his feet, causing him pain and fear,
and if that officer threatened to stomp out his guts if he didn't confess,
would that be considered undue persuasion?
That was not the case here.
Your honor, we object to this confession
on the grounds that it was made subsequent to a statement
which was coerced from the defendant
through hunger, thirst, and fear of bodily harm.
Overruled.
There is no evidence of such undue pressure.
This confession is, here and now, admitted into evidence.
Continue, Mr. Bixby.
Now, tell me, Mr. mcwade,
do you see in this courtroom either of the two people
who arrived at your palomino bar,
in the company of Mr. Clinton on the afternoon of 19 February 1963?
That fella sitting right there, the defendant.
Very well.
After they arrived and you and Clint greeted each other,
tell me, just what happened.
Well, then I remarked how tired Clint was looking.
He said he'd been driving two days and two nights up and back,
to his cattle sale in Montana.
He was headed home now, and he'd picked these two up.
About that time, he notices the girl looking at the jukebox,
so he digs down in his pocket,
and he pulls out a whole fistful of money.
Go ahead, if you like music.
Thank you.
Well, what will it be, Clint?
Oh, the usual... double.
Right, and you?
Um, a-a beer, both of us.
Ah, say, Clint, I'm sure glad you stopped by.
I got this appaloosa mare I'd like to trade you for one of your quarter horses.
Oh, lord, Mac, I'm too tired and overworked to talk trades today.
Just bring them drinks.
Oh, my throat feels like I hit a dry well.
Oh, what'll these kids think of next, Mac?
It beats me, Clint. Cut that out!
Oh, she's just having fun.
She don't mean... Laura Mae!
I said cut that out!
Now, you sit down and don't attract attention to yourself.
You ought to have better sense.
Now, get! Come on! You hear! Get!
Go on!
Now, Mr. mcwade...
did you notice anything particular or peculiar
about the defendant's conduct at that time?
He wanted Clint's money so bad he could taste it.
That's why he got angry with his wife.
Her dancing was attracting attention,
which would make both of them easier to identify later on,
since he was planning to Rob Clint.
Objection!
That's a conclusion on the part of the witness,
and a rather involved one, at that.
I'm thinking maybe he had some help in figuring it out.
Strike the answer from the record. Continue, Mr. Bixby.
Ah, no, no.
I'm... I'm all through with this witness, your honor.
Now, Mr. McWade,
you said that Clint ordered his usual double.
What did that mean?
Bourbon sours the way I make them.
Which is?
Two ounces of bourbon instead of one.
I'm famous for it in that part of the state.
So, Clint had about four ounces of whiskey.
He could hold it.
Now, this dance that Mrs. Brown did.
What sort of a dance was it?
Was it a waltz, a hula, a hoedown?
Well, she just sort of danced around.
What parts of her body would you say she moved?
- All of them. - She move her legs?
- Of course. - Pelvis?
- Huh? - Her hips?
- Yeah. - Her breasts?
Them, too.
Now, remember the scene as you saw it,
would you say her dance would have been
sexually stimulating to a healthy man
under the influence of bourbon, like Mr. Clinton?
I object, your honor!
I object! I object to this line of questioning!
I object strenuously!
Counsel, repair to my chambers at once!
Then I am to understand, Mr. Mitchell,
that you are going to plead section 24-14 as your defense.
Plead it and prove it.
And frankly, if I had any doubt about my client's story,
I don't anymore...
- Not after the way they reacted. - All right.
You plead section 24-14, and we'll prove
that Ben Brown consented to the adultery.
Well, gentlemen, one thing is sure.
The fat's in the fire.
Art, you... You could feel it.
Yes.
Those wonderful moments in the courtroom when, by design or accident,
the truth breaks through.
Of course, knowing... Is far from proving.
Yeah, now you've exposed your real defense.
Then they'll get tougher and trickier.
Mm-hmm.
How I'd love to get in that courtroom!
Mr. Harper.
Yes, all right, I know.
"The doctor said," and "it's past your bedtime,"
and...
"take your pills."
David...
it's an old rule but a good one,
when there's nothing to be said for the defendant...
Try the deceased.
It works...
sometimes.
Which reminds me,
I wonder who registered them at that motel.
What is the name on this registration card?
Mr. and Mrs. Ben Brown.
But with a common name like that, it could be false.
But wasn't in this case, indicating no premeditated plan to commit any crime.
Object!
Sustained.
Mr. Phillips...
how did you happen to give,
the party a two-bedroom suite like number nine?
Well, Mrs. Brown asked for two bedrooms.
Was the defendant present when she asked?
No, sir, he was not.
So, he might not have known about two rooms.
- What?! - Thank you, Mr. Phillips, that's all.
So, that, uh, Mr. Phillips called you to the office
and asked you to show the party to number nine.
And the ageable gentlemen, he... he give me a tip.
Uh, the defendant here... Was he present at that time?
Oh, yes, sir.
He helped me pick up the spilt money.
Spilt money?
Well...
Whiles the ageable gentleman was giving me the tip,
he dropped a bunch of money on the floor.
And he helped me pick it up.
Now, did you notice the... denominations of the bills?
I mean, the... the size or the value?
Oh, yes, there was,
hundreds and fifties,
fives and tens, just like confetti.
The defendant saw that, too?
He must have seen it. He was picking it up.
Did you see him again after that that night?
Yes, sir.
Right after 10:00, he sent for me.
Wanted to borrow a screwdriver.
I went to get it, and when I come back, he was outside...
near the boss' car.
Oh, thanks.
You... you know anything about starters automobile starters?
No, sir, but I'm willing to learn.
Oh, boy.
Hold that, sir.
Hey, there's a good mechanic in the garage down the road.
In the morning, i could get him.
No, I... I want to fix it myself now.
What the hell's going on out there?!
Oh, just... just tinkering around, boss. That's all.
You leave that car alone! I'll get it fixed in the morning.
Well, I guess we better do like the boss says, huh?
Mr. Simmons...
did you quote the ageable gentleman correctly before?
Did he say to the defendant,
"leave that car alone.
"I'll get it fixed in the morning"?
Yes, sir, he did.
Well, what did you interpret that to mean?
- Object! - To what?
To the natural assumption from his own words
that Mr. Clinton intended, from the start,
to spend the night in number nine?
Object, your honor.
The question calls for conclusion, and a farfetched one at that.
Strike it.
Farfetched?!
No other conclusion can be reached from Mr. Clinton's words.
Now, as to why he wanted
to spend the night in number nine and with whom,
we intend to show,
that he had one purpose and one purpose only.
We intend...
Good evening, Mr. Mitchell.
You...
you liar.
You filthy liar!
Alice.
Mr. Mitchell.
Won't you please come in here?
Sit down, won't you?
Can I get you a drink.
Mrs. Clinton, why did you want to see me?
To beg a bargain.
Not for myself...
I'm strong.
Not for my son.
He's strong.
But Alice...
You just met Alice.
She's been so sheltered and so protected.
If you could consider what it means...
to a girl who was in love with her father...
who idolized him, really...
to hear sewer gossip involving him and a girl her own age.
And he dead and unable to be concerned about her future and her safety.
Mrs. Clinton, I'm sorry about that...
but my client happens to be fighting for his life.
I've got to think of him first.
I can help him.
Your suspicions about what happened that night are true.
Mrs. Clinton, you shouldn't tell me these things.
I want to so you'll believe me.
Yes.
Clint was different these last two years,
He was worried. He was drinking too much.
He was talking to Dr. eastland about his sexual abilities.
Mrs. Clinton, please...
Old stallion...
That's what he called himself.
"The old stallion is not so old."
That may be a crude expression...
but Clint was crude about a lot of things.
But...
the fact of the matter is that...
It was true.
He was getting old.
I know.
Every man's first defense of his impotency is,
"my wife...
"doesn't appeal to me any longer."
And then he has to prove it, if he can...
in any way every time the opportunity presents itself.
Well, he tried.
You're shocked.
And you didn't, even know him.
What do you think it's like for Alice?
I understand that you'll be satisfied if Ben Brown doesn't die,
if he gets a life sentence.
I will help you save him,
if you drop your defense under section 24-14 for Alice's sake.
I'll go to the jail...
and I'll see him...
and then I'll come to the courthouse
and I'll make a plea to the jury for mercy,
for a life sentence.
It would be possible,
legally, I mean.
Who would stop us?
Judge Tucker...
Bixby, Farish?
You mean they've already agreed?
I made them agree.
You give your whole life to a man,
and then he desecrates it in his last few moments with some...
prostitute,
in a motel.
And you have to live your time out remembering that.
That's bad enough if you're my age.
But if you're only 17...
like Alice...
and your whole life is ahead of you.
I'd do anything...
to prevent that.
So that's the deal.
Well, I'm sorry, Mrs. Clinton.
And I'm sorry too,
that you told me things you never should have.
Mr. Mitchell?
Doctor...
did you perform an autopsy
on Mr. Clinton's body that day or any other day?
Well, cause of death being so obvious,
no autopsy was necessary.
Sir, are you the county coroner?
No.
Then how did you happen to be called in to examine
Mr. Clinton's body and not the coroner?
He was my patient, had been for years.
When was the last time
you examined Mr. Clinton before he died?
Oh...
about three weeks.
And what advice did you give him?
Object!
Immaterial to the issues in the case.
I will allow the question.
Doctor?
Didn't you tell him...
that his restlessness and his sudden appetite for liquor
were symptoms of an emotional upheaval due to advancing age?
No.
Isn't it a fact that you told him to stop worrying about his virility?
No, I did not.
Doctor...
if an autopsy had been made on Mr. Clinton's body,
would it have revealed if he were engaged
in an act of sexual intercourse just before he died.
You shut your dirty mouth or I'll shut it for you!
Get him out of here! Come on. Come on.
Well, doctor?
The witness will answer.
Yes, it would have...
If it were true,
which is wasn't!
How did you know all that?
Shut up, damn it. Just shut up.
Your honor...
the state calls Mrs. Amy Clinton to the stand.
Your honor, before this witness is sworn,
I demand to know the purpose of her testimony.
Gentlemen, you will retire to my chambers at once.
You elected to try the deceased.
You brought section 24-14 in as your defense
by your own cross-examination.
Well, we got the right to prove connivance by your client.
With a witness who wasn't even there, who wouldn't know.
She knows enough.
- Bixby, I warn you... - Warn me?!
I know things about Clint and about her that even you don't know.
Now, don't put her on.
I don't sacrifice her to your political ambition.
Well, Mr. Bixby?
My next witness is Amy Clinton.
I know this isn't gonna be easy
for you, Mrs. Clinton, but,
questions have been raised, accusations made.
They must be answered. They must be denied.
Will you repeat, the question, please?
Certainly.
Mr. forrester, would you read back that last question, please?
"Was it your husband's custom to sleep in the nude?"
Yes, it was.
Could you just speak up a little bit, please, Mrs. Clinton?
Yes.
Yes, it was.
He didn't even own a pair of pajamas.
And it was not unusual for him to stop overnight at a motel
on the way back from,
a cattle auction or a rodeo?
No, he did that more and more recently...
More and more frequently, in recent years.
He seemed to tire more easily.
Mm-hmm.
So that you attach no...
ulterior significance to the fact that...
That your husband was found naked in a motel room?
Absolutely none.
These disgraceful accusations made against him...
are vicious lies.
Thank you, Mrs. Clinton.
Mitchell.
Mrs. Clinton.
Mrs. Clinton, what...
Due to the lateness of the hour...
No questions.
Your honor, despite the lateness of the hour,
I wish to call one last witness...
who will complete the case for the state.
I'm sure defense counsel will have no objection.
Proceed.
Thank you, your honor.
State calls therese Braden to the stand.
No matter what he was like, he was Laura Mae's husband.
So... so I felt I had to take him in...
you know, give a place to sleep, money, things like that.
I even tried to get him jobs.
And did he cooperate with you?
Him?
Always want it the same way.
Oh, what way was that?
Well, he...
he kept saying there's no reason for him
to work as long as he had Laura Mae.
And just what did he mean by that? Did he say?
He certainly did.
More than once, he said,
"why should I break my back as...
"as long as Laura Mae can make me a good living with her body?"
Tess!
Tess!
You lie! I never said that!
I never said that, Mr. Mitchell.
I never said that. It's your witness.
Mrs. Braden,
did your daughter serve a term
in a detention home in Phoenix for cohabiting with men?
She may have.
Yeah, I guess so.
How often did you visit your daughter while she was serving this term?
Well, I was working hard at the time.
Did you visit her at all?
Well, she wasn't there very long.
Why?
She got out.
Who got her out?
Ben.
Ben got her out.
He left his base, went awol, came clear to Phoenix,
and got Laura Mae out of that detention home.
I wouldn't know about that.
Then tell me this, if you know...
Why you wouldn't drive halfway across Phoenix
to see your daughter then,
but you've come all the way to new Mexico
to be with her now?
'Cause she needs me.
Or is it because you want to share
in that $10,000 reward money she'll get if Ben Brown dies?
That's a lie!
I think the jury knows the answer.
Mrs. Braden, just so there's no mistake about this,
will you tell the jury once more
what Ben Brown said to you about your daughter?
I certainly would.
He said...
"Why should I break my back as long as Laura Mae
"can make me a good living with her body?"
The state rests.
You may step down, Mrs. Braden.
Your honor, before we recess for the day,
I'd like to bring a motion before the court,
if the jury can first be removed.
Mr. Rains, take the jury upstairs.
Your honor, I demand to know what this motion is all about
and if it has any bearing on this case.
You will.
Quiet in the court!
Laura Mae.
Your honor, any motion made at this time in relation
to this codefendant is highly irregular.
Young man, I have presided at this court
since before you were born,
and decide what is regular or irregular here.
The court will hear the motion.
"The state of new Mexico vs. Laura Mae Brown.
"To the honorable judge of the court,
"further investigation discloses that the evidence against this defendant
"is insufficient to support the prosecution to a successful conclusion.
"Wherefore, the district attorney asks
"that his motion to dismiss this case be granted.
"Signed, Paul farish,
"district attorney, 93rd district."
Motion granted.
The court will now adjourn until tomorrow morning.
Well, at least... At least they let her go.
Don't be a fool. They've got a reason.
Well, I don't care, as long as she's free.
You'll wish she wasn't.
I'll see you tomorrow, Ben.
Yeah.
I'm not blaming you, David.
They jobbed you real good.
Yeah.
They couldn't call Laura Mae as their witness
because a wife can't testify against her husband.
And you couldn't call her as long as she was the codefendant,
which was fine, but now you can.
And Mr. Bixby will challenge you and challenge you.
"Call the only eyewitness to the crime."
Now, if you fall into that trap...
She'll lie Brown right into the gas chamber.
You haven't said anything about Amy Clinton.
You wouldn't have let her go, would you?
Why didn't you cross-examine her?
Art, I, I,
I just couldn't.
I'll never blame you for letting her go.
Good night.
There is such a thing as wanting to be too much like art.
In a courtroom, art can be a killer.
But not you.
The kind of man you are, art's not and never could be.
Sue, don't tear him down just to make me feel better.
Well, you only want to be as good as he is.
I want you to be better, and you can.
Are you kidding?
You saw what they did to me in that court today.
They... they pushed me around and...
Made you look inept, took advantage of your gentleness... all that.
And if you quit now, they were right.
But if you don't...
I'm sorry.
Here's your papers.
No.
Go on.
I didn't mean to get angry.
I'm glad you did.
When you get angry, your eyes turn...
blue, very deep blue.
I kind of like deep blue.
You didn't mind?
i didn't mind.
Would you like some coffee?
Sure. why not?
So, sergeant, you agreed to come here and testify
on Ben Brown's behalf at your own expense.
This man served under me in the air force.
If the truth can help him, I'd like to tell it.
Sergeant, tell us about, the defendant's record as a soldier.
The record shows that in his first hitch, he was a good soldier
and acquitted himself while in action in Korea
and awarded the purple heart.
And his second hitch?
Moody.
Didn't seem to be able to obey the simplest order...
always asking for leave so he could see his wife.
And did you Grant him leave each time?
Oh, that was impossible.
So a couple of times, he went a.W.O.L.
I'd find out where he was,
send him the fare...
so he could come home, and I...
I wouldn't put him on report for it.
Sergeant, was it your decision
to send the defendant to the air force hospital for observation?
My initiative, not my decision.
Why did you take that initiative?
Well, one day, it was...
September the 16th last year.
He asked for a 72,
so he could look for his wife.
I had to deny it.
Then, about an hour after he left my office,
maybe a little more...
Sarge, quick! It's Brown again.
What did he do this time?
Come and see. He's wild.
He tried to hang himself.
Let me alone!
- Brown! - Let me alone!
Let me alone! Let me alone! Let me alone!
Leave me alone! Let me alone!
Brown!
Oh, sarge!
Tell these fellas to let me finish what I started.
Ben, what did you want to do that for?
Laura Mae.
Laura Mae, she's gone to Denver.
She's... she's gone.
Laura Mae...
Okay, Ben.
Hold on.
Come on with me, Ben.
Are you a psychiatrist, sergeant?
No, sir.
Yet you took it upon yourself to make
several important decisions concerning the defendant,
such as not putting him on report a few times when he went a.W.O.L.
I was trying to straighten him out.
And if you hadn't...
bent the rules a little to accommodate him,
with his record of repeated desertions,
he would have spent a few years in a military prison, wouldn't he?
It's possible.
But if you had reported him, as was your duty,
he would have been in prison on February 19th
instead of being free to murder and Rob Cole Clinton.
In fact, sergeant, if you knew then what you know now,
would you still have defied military law
to shield and shelter this defendant?
Would you?
Well, I imagine I'd have handled the problem differently.
Well, i should hope so.
Dismissed.
Ben...
I've got to know now.
Are you gonna tell it all, everything?
Well...
ain't there no way except to make Laura Mae look so bad?
Look, Ben, legally, she's in the clear.
You got to think about yourself.
I'm not gonna put you up there unless you tell me now
that you're gonna tell the truth.
Ben?
Well, I'll... I'll do my best, Mr. Mitchell.
I'll do my best.
Ben,
where did you first meet your wife, Laura Mae?
Phoenix.
It was after I was out of the air force,
first time.
How did you happen to be there?
Well...
my cousin Vera,
seen an advertisement in the papers
for work with on-the-job training, so...
we wrote...
and I got a job...
and went out there.
I had this room in a fleabag joint, and there was...
this bar down the block.
Dance?
So I said, "nobody,
"not even my own man, talks to me that way."
What did he say?
Blew his top,
threw me out.
Closing time.
It's the law.
What are you gonna do?
Where you gonna go?
Where are you gonna go?
I got this room down the street.
All right.
You're a funny kid.
So why ain't you laughing?
You some kind of kook?
Maybe.
Kooky enough to get married?
I mean, to me, I mean.
We'll see.
Huh?
If we hit it off, we'll get married...
Some time.
And she finally did marry you?
Six months later in Louisville, Kentucky.
Ben, you heard sergeant Kelly testify that,
you tried to hang yourself while in the air force.
Yes, sir.
Was it just because Laura Mae had gone to Denver?
Ben...
tell us why, when your wife was missing,
you went to look for her in Denver.
Ben?
Well...
whenever she gets sore at me, she says she's gonna run off to Denver,
be a hustling woman.
What did she mean by that?
You know, a girl who hustles men.
A prostitute, is that what she meant?
Yes, sir.
Ben, tell us what happened after you were discharged from the air force.
I set off to Phoenix to see my wife.
And where did you find her?
A house of detention.
On what charge?
Some cops caught her in a rooming house.
On what charge, Ben?
They call it "cohabiting with a man."
I got her out and decided
that we was gonna leave that part of the country,
so we headed east,
hitchhiking.
Was that the trip on which you meant Cole Clinton?
Yes, sir.
Ben...
I want you to tell us, as exactly as you can remember it,
all the events leading up to Mr. Clinton's death.
We started out of Phoenix, Laura Mae and me,
on an orange truck I helped to load.
That took us as far as Albuquerque.
Then we hitched some rides all the way through El cajon.
Then we was stranded there.
Laura, honey, we... we... We get east and I get a job...
Oh, shut up.
Well, I couldn't let you go on doing what you were doing...
I was better off than I am right now.
Look around.
Go on. Look.
Laura, honey, there's a car!
See? We're gonna die out here.
Well, heading east, young fella?
Heading any way but west.
You don't like the west, huh?
I ought to leave you out here for the lizards.
You ever drive a big rig like this?
No, sir.
Would you care to?
Sure.
All right, come on. Get in.
Just put it right there, honey.
Just remember one thing, Sonny.
Don't turn off that ignition, I got starter trouble.
Outside of that, just rear her back and let her eat.
I'm in a hurry to get home.
Come on! Come on, I said I'm in a hurry.
What's the matter, you scared or something?
Well, there ain't no need to be.
Take a gander at that.
So don't worry about no tickets.
Or anything else, for that matter.
No need to be scared, here, look.
Hey! you're good, you hit two posts.
Oh, I'm better than you think, honey.
Oh, this is the place, come on.
We'll get a little touch of the old creature
and we'll feel better.
Oh, thank you.
Right over there.
Be right with you, folks, all right.
Sit down over here, Laura...
Oh, you like music?
- Yeah. - All right.
Help yourself, go ahead.
- Thank you. - All righty.
Well, boys, what's it gonna be?
Clint!
Hello, Mac.
This is the damndest thing.
You know, I was just thinking about you yesterday.
I was saying, "now, here I got this new young appaloosa filly,
"and I just know that once Clint sees her,
"he's gonna want to trade her for one of his own."
About that filly, Clint.
Oh, she broke?
Yeah, she's got tricks that mares twice her age are trying to learn.
Oh, I'll bet.
You got time to look at her now?
All right, then what's it gonna be?
Oh, uh, the usual.
What about your... your friends?
What'll you have, Sonny?
Beer.
And your girlfriend?
My wife will have a beer, too.
- Two beers. - Mm-hmm.
And one usual.
A double.
You know it.
Laura...
Laura Mae, honey?
Cut that out, honey.
Stop making a show of yourself.
Laura, honey.
Please, honey. Sit down, honey, please.
- There. - There you go.
Oh, my. Here we go!
Man can't stretch his legs three in front that way.
Here. come on in.
She rides with me.
What are you doing?
Come on.
Okay, okay.
Knock it off.
Just giving your wife a little tip on how to stay healthy and happy.
Just knock it off and then stop goo-balling around her.
- Goo-balling? - Yeah, goo-balling.
Ooh, that's a new one. Goo-balling.
It's not funny.
Through the teeth and over the gums.
Look out, stomach, here it comes.
Ben, I want you to tell us everything that happened later that night.
Ben, you've got to tell.
I'd been watching some movie on the TV, and I guess i sacked out.
And then,
I waked up and the TV was still going on, so I...
Laura?
Laura Mae?
Get your hands off her!
You dirty little...
Put it down! Put it down!
No!
Ben,
all that blood.
Ben!
Got to,
got to get out of this state.
You know what they do to someone that kills a cop?
Fill her up?
No, five gallons, please.
Fill her up.
We ain't got enough money.
Fill her up.
Ben...
did you tell the whole story to these gentlemen
when they questioned you?
Yes, sir, I did.
And did they include it all in the confession you signed?
No, sir.
Did they say why?
Mr. Elliot said they...
couldn't put it all down or it'd run too long.
Ben...
do you know who turned you into the police?
My wife, they said.
And do you also know that she's applied for the reward?
And knowing that, do you bear any ill will toward Laura Mae?
No, sir.
She's my wife...
and I still love her, I can't help it.
Thank you, Ben.
That's all.
Brown.
You recognize this document?
It's my confession?
And isn't it the truth that those claims are not in that confession
because at the time you signed it,
you just hadn't yet thought them up?
That ain't true!
There were three people in that bedroom that night, correct?
Yes.
One of them's dead. One of them's on trial,
and the third one's your wife.
Now, would you like us to call her up here
so she can tell us what really happened
now that she's eligible to testify?
Objection!
That's a rotten stunt, putting before this jury
something they can't legally know.
Sustained, strike that last.
Mr. Brown,
isn't it a fact that on February 19th,
you offered to sell your wife to Cole Clinton for the night?
I did not!
And when he refused to buy her, you decided the only way
to get his money was to murder him?
That's a lie, lie, lie! Object!
The prosecutor has no right
to keep badgering the witness with false suppositions.
False suppositions?!
I have here the words of the only eyewitness to this case,
but because of a legal technicality,
I can't call her to the stand, but you can.
Now that she's eligible to testify.
Your honor...
if he can tell the jury that Mrs. Brown is eligible to testify as a witness,
then I can tell them that he deliberately dismissed
the murder indictment against her so that he could pull this stunt today.
Mr. Mitchell, i have only one thing to say.
The truth in this case
is just as far away from this jury as your choosing to say,
"I now call Laura Mae Brown to the stand."
And I defy you to do that.
Mr. Mitchell.
Your honor, I...
I can't get the truth out of this witness.
I'm...
I'm willing to let the jury make their own decisions.
Pass.
Mr. Mitchell?
No further questions.
What do you say now, Sonny?
Hmm?
Or do you have to talk to art Harper first?
I call Laura Mae Brown to the stand.
Due...
Due to the lateness of the hour,
we will adjourn until tomorrow morning,
at which time, Mr. Mitchell, your witness,
Mrs. Brown, will take the stand.
Oh, you.
Mrs. Brown.
Your husband's life depends on what you do and say tomorrow.
I've already told you everything I know.
When they slam that gas-chamber door on Ben,
you're not gonna have any time for second thoughts or regrets.
Who said I have any?
No, I guess you wouldn't.
Probably the only time she ever said "no" to a man.
And it had to be you.
That was supposed to be a joke.
You know, Ben says she doesn't like to drink, I wonder who does.
Susan, why don't you take the car on back.
I'm gonna wait around here and find out.
Find out what?
That's what I'm wondering.
Mrs. Brown...
Oh, I'm sorry. I know you don't like that name.
Laura Mae.
Do you love your husband?
I did, once.
But you don't love him now?
'Cause he's mean, vicious,
beat me up all the time,
killed that nice old man.
But you didn't turn him in right away, did you?
I was afraid of what he might do to me.
What made you finally decide?
I just couldn't live with myself,
knowing what Ben did and not doing anything about it.
So you went to the Lansing police
on June 7th and told them all about Ben.
I don't remember the date.
Well, would it refresh your memory
to see this news photo from the Lansing, Indiana, times
dated June 10th, which shows you and Mr. Elliot
boarding the train for new Mexico? It says it was the 7th.
Well, if you say it was the 7th, that's okay with me.
You don't like this photograph of yourself, do you, Laura Mae?
Is it because of what you did to Ben?
No.
Or because you're ashamed of the way you look in it?
I am not.
Well, then would you mind showing the jury
how you looked on that day?
Why, I don't mind at all.
Remove your jacket, please.
Your honor, I protest this method of...
Mr. Mitchell, examine the witness, don't undress her.
Laura Mae, i now show you this clipping and ask you to read the headline.
"Reward posted in new Mexico killing."
I never saw this.
The newspaper and date, Laura Mae.
The Lansing, Indiana, times.
And the date?
June 6, 1963.
The day before you turned Ben in. Thank you, Laura Mae.
Laura Mae...
as the only witness to the crime for which your husband's on trial for...
I...
I think we can, slip the jacket back on.
The only witness for the crime which your husband's
on trial for his life, would you tell...
Your honor, I regret to interrupt,
but a matter has come up which calls for the meeting of counsel at once.
Excuse me, your honor.
What the devil's going on here?
If this matter is of such urgency,
surely it shouldn't be kept secret from the court.
Counsel will retire to chambers.
What the hell does this mean?
And bring that pad with you.
Now, let me have that.
Mr. Mitchell,
what is the meaning of this?
I want Mr. Bixby to know that if he cross-examines Laura Mae,
I'll bring out this whole rotten story.
What rotten story?
I saw you go to Laura Mae's cabin last night,
and she was expecting you.
Eagerly, I might add.
Well, of course i went there.
I wanted to go over her testimony so she'd be ready today.
Sure he went there. I sent him there.
Oh, stop it, Bixby.
He's lying.
I know it, and you ought to know it.
- Tell him where you got that. - Got what?
That.
It's a gift.
From whom?
Uh...
from Laura Mae Brown.
That's the money clip off Clint's bankroll.
Bothered me from the beginning,
that story of hers.
If Brown robbed Clint...
how come she wound up with this?
Mr. Elliot.
Any comment to make upon your lady friend's macabre taste in gifts?
Well...
Oh, you damn fool.
With a wife and four kids, you got to go knocking off
every piece of fluff you can lay your hands on.
I disown you.
I denounce your actions in this case, and I shall so inform the press.
Jeopardizing my reputation,
my career.
You stupid fool! Get out!
Well, gentlemen?
You know my terms.
Examine her, let her lie,
and I'll bring out this whole story.
I'll expose the kind of prosecution this has been.
Okay.
Okay, here's the deal. I won't cross-examine her.
I'm sorry, Paul. Call it blackmail if you like.
I'm just trying to get that poor boy a break.
Break? he's gonna need more than a break.
Now hold it, Bixby. Just hold it a minute.
David...
I think what we ought to do,
is to make some kind of a reasonable compromise, hmm?
No. No, no. No compromise.
I'm the special prosecutor in this case,
and I've been appointed to handled this case.
Then you handle it.
I want nothing more to do with it.
Good!
'Cause I didn't take on this case to lose.
Let's go, boy.
I got a jury out there just chomping at the bit
to put that poor boy of yours right into the gas chamber.
When I finish my summation,
they may not even leave the jury box to deliberate.
You watch me, Sonny.
Just watch me.
Your honor, that about concludes my remarks at this time.
The prosecutor, having finished his preliminary summation,
are you ready, Mr. Mitchell?
What the devil is going on here?
Order, order in the court!
Bailiff! Bailiff!
Not down there, down here.
Art, what happened?
Oh, it's just for effect, you damn fool,
now wheel me down that aisle.
Oh, like a pallbearer.
This court is always a little better
for the presence here of this distinguished and able lawyer.
Art.
Jim.
Now, Mr. Mitchell.
Ladies and gentlemen...
since the prosecutor addressed you so briefly
in his opening summation,
I must assume that he's saving his big guns for his rebuttal.
Well, if he is,
I'd like him and you...
to answer one question for me.
This defendant,
is on trial for his life.
But who is acting like the guilty party in this case the defendant...
or the state?
Who decided...
that no coroner was to be called in and no autopsy made?
Who decided that one confession was not enough?
Not the defendant,
the state.
Why?
What are they trying to hide?
One...
single, guilty fact.
Adultery.
Now, it isn't pleasant to say that about a man as fine as Clint,
but I didn't say it.
The state's witnesses said it.
They told you that Laura Mae
did a provocative dance at the palomino bar,
and that it was Ben who stopped her.
They told you that she registered at that motel, not Ben,
and that she asked for two bedrooms, not Ben,
and that Clint himself didn't want that motor started until morning
because he planned to spend the night,
and that he was found in that bed naked.
Yes, examine the facts in this case and you'll see
that they make sense only if there was adultery.
Now, they will try to tell you that this...
defendant connived in that adultery,
but can you believe that,
of this man who tried to hang himself,
when he found that his wife had run off
and might be practicing a prostitute's trade somewhere?
No, no, not...
not of this man who, for whatever reason, loves this...
this girl.
We can't blame him for that.
Pity him, yes.
Because Ben...
never got much out of life.
Certainly he got damn little when he got Laura Mae.
But whatever she was, she was his.
She belonged to him,
not to Cole Clinton or anybody else.
Even the law,
of the sovereign state of new Mexico says so.
Mr. Bixby,
The state's summation in rebuttal.
Your honor.
Ladies and gentlemen,
the only rebuttal the state needs
is this piece of paper,
Ben Brown's confession.
His own vivid, sordid description,
of how he brutally murdered
the Cole Clinton that we all knew so well.
And this confession was made,
before he desperately started seeking a defense, so this...
this is the truth.
Now, is there a word, a hint...
of anything at all in here about...
about adultery...
or section 24-14?
No.
No, because at the time this confession was made,
the malicious lying defense hadn't been planned yet...
by him.
When you go into the jury room, you're not gonna have to decide
if the defendant killed Mr. Clinton.
We already know that Ben Brown himself,
he already admitted that.
No.
You're gonna have to decide if Mr. Clinton was a...
lecherous old man,
a seducer of teenage girls,
or was he the Cole Clinton that we knew.
Because you can't find him innocent without convicting Cole Clinton.
And if you let him go free,
how are you ever gonna face Mr. Clinton's family again...
huh?
Or face any of us, for that matter, for the rest of your natural lives?
I want you to think about that.
When you go into the jury room,
and you come back, bring the verdict we want to hear,
the verdict we are entitled to have under law...
Guilty.
Guilty.
Guilty.
The jury will now retire to begin its deliberations.
Any questions?
Your honor,
can we have that confession?
It will be sent in to you.
Bailiff,
escort the jury.
How does it look?
It'll take hours, David.
I mean, he's asking for that confession.
Well, you made as much of that confession as Mr. Bixby did.
Of course, we don't know what they're thinking.
David, you were just fine, just fine.
Thanks, Sue.
Oh, and thanks for...
all the driving and the typing and the waiting...
and the listening.
I enjoyed it.
Did you?
Davey, boy, there's something we ought to talk about.
Sure, Art, what is it?
Well, you've been seeing Susie every night for the past five weeks.
You've been eating her cooking, you must admit it's pretty good eating,
ogled her figure, and you've been out with her half the night.
Now, as the father of this girl,
I have a right to ask. What are you intentions, boy?
Susie, we can't take any chances.
After all, you're not getting any younger.
And the lord only knows how long that jury's gonna be out.
Come on, Davey,
Susie, let's get out of here.
Quiet!
Ladies and gentlemen of the jury,
I'm informed that you've reached a verdict.
Read the verdict.
"We, the jury, find the defendant, Benjamin Brown,
not guilty."
Boy! Oh, boy, oh, boy!
Order in the court!
How about a statement?
Mr. Mitchell, congratulations.
Laura?
Laura Mae?
So long, governor.
Well, I guess the people of this good community
will have to get along with only god and the constitution to protect them.
Bixby...
I don't know when he's gonna get into a courtroom again, but...
Hold it!
Thank you, Mr. Mitchell.
Cheer up, David.
This is only the beginning.
I played a dirty trick on you.
You know, getting him off
was as close to a miracle as any lawyer can come.
Now, that makes you famous,
so from now on,
any poor slop in this state or in the whole southwest
who gets himself into real trouble...
He's gonna come to you and beg for help.
And you...
You damn fool, you're gonna help him,
and that's great,
because now, I can rest and...
play with my grandchildren.
Oh, Art, Art, there is one thing we ought to talk about.
Sure, David, what?
For the past five weeks, I've been seeing your daughter,
eating her cooking, ogling her figure,
and you must admit it's pretty good ogling.
Now, I have a right to ask you...
What are your intentions?
Are you gonna try to run my life?
Because if you are, there's one thing we ought to get straight.
I do my own ogling,
my own courting, and my own proposing.
And if there are gonna be any grandchildren, I'll let you know.
Understand?
Understand.
Yes.
And if you try to interfere, I'll give up drinking.
Oh, son, you wouldn't do that, would you?
I might, so watch it.
Watch it?
You be sure I'll watch it.
Give up drinking?
Why... I'd rather give up smelling.
The End
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