05x22 - The Case of the Crippled Cougar

Episode transcripts for the TV show "Perry Mason". Aired: September 21, 1957, to May 22, 1966.*
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Defense attorney Perry Mason defends dozens of falsely accused people during courtroom drama, and he manages to clear all of them, usually by drawing out the real criminal on the witness stand.
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05x22 - The Case of the Crippled Cougar

Post by bunniefuu »

[g*nsh*t]

I think you hit him.

I'm not sure.
He moved just as I fired.

It'll be dark in an hour.

I wouldn't want to tangle with a wounded
mountain lion after dark.

It's rugged country up there.

Not much chance of finding him anyway.

Well, we better back to town.

Hello, Mike.
What are you doing out here?

I've been watching you.
Where do you think you're going now?

- Back to town.
- What about that cat?

I missed him, I think.

And you let it go at that, huh?

If you were a man,
you'd get up there and make sure.

Mike, what's all the fuss?
It's only an animal?

He's gone.

If I did hit him, it was only in the leg.

Let the poor thing live.

Live?

Dragging a leg for the rest of its life?

And you call letting it live?

Keith, you joined the right clan when you
married Hugh Jamison's daughter.

You and he are the same brand.

Selfish and yellow, both of you.

You leave him out of this.

[Mike]
Why? It's right up his alley.

The mighty hunter cripples a mountain lion.

He'll be proud of you, Keith.

Crippling is Jamison's specialty.

[g*nsh*t]

They're all in the black.

Silly little g*n.

I could do more damage throwing rocks.

What's on the calendar, Lydia?

Your accountant,
Elliott Dunbar, is due at :

to go over next months' drilling costs.

- [phone rings]
- Yes?

Sure, Harlow, he's right here.

It's Phipps over at the well.

Yeah?

I'll be right over.

[Lydia]
Oh--

I hired you to manage this house
and take a few notes for me.

When I want something to lean on,
I'll buy crutches.

We're right on top of it, Mike.

Take a look at that color.

Not here.

Let's go inside.

This is the electric log I took this morning.

Take a look at those oscillations.

Now, take a look at this core sample
under the microscope.

Who needs a microscope?

I could squeeze the oil out of this
with my bare hands.

It's down there, Mike, just waiting for us.

I was never more sure of oil
in my whole life.

Does any of the crew suspect?

Not a chance.
I've kept it too close.

You know your next move.

Know it?

Mike, this is what we've both been sweating
out for seven years.

How could I forget it?

Okay, get rid of the crew.

You and I can cap this well.
We'll plug her tight.

Must be something special going on
at the well to get Mike out there.

All I know is that he said
for you to wait, Elliot.

A man gets tired waiting.

Then sit down.

You've known for three years
how I feel about you.

Is that supposed to make a difference?

Lydia, he's a cr*pple in more ways than one.

Why do you stay here?

That's none of your business.

[vehicle approaching]

Mike, by golly you're looking great.

Any calls?

What's the good word at the drilling?

Since when is a dry hole a good word?

Dry?

We're shutting it down.

Dunbar, I want the payroll checks
out to the men by tonight

and pay off Harlow Phipps in cash.

- In cash?
- That's right.

I fired him.

Mike, you fired Harlow?

He's had it.
He's through.

Well, can you do it?

Yes, your books are in pretty good shape.

Of course we'll have to make
some sort of an adjustment

on your royalty deal with ABC Products

for the tool rental.

I suppose if I have to, I--

Then what are you standing here for?
Get on with the job.

Put in a call to Perry Mason in Los Angeles.

I want to talk to him about some leases.

When you were up at my ranch,

you wouldn't believe me
when I told you how big the gophers got,

so I brought one back to prove it.

[Della]
Gopher, indeed.

It's a mountain lion,
a cougar, and beautiful.

Is it for me?

If you've got a place to put it.

Don't you worry.
I'll find one.

Well, Perry, what about the leases?

You say you want to sell off
a thousand acres.

That's almost half
of what you hold, isn't it?

I want $ an acre.

That's pretty cheap for leases
with proven oil-bearing land on two sides.

Maybe there's oil there,
and maybe there isn't.

By selling half my leases,

I'm putting aside my bet,
taking only half the risk.

Hedging a bet doesn't sound like you, Mike.

So I changed.
That's my business.

How's Hugh Jamison these days?

[groans]

Yes, of course, you've changed.

But I did think that maybe in seven years
you might have forgotten.

Oh, sure,

forget five tons of traveling block
that knocks out half my knee.

It was Jamison's rig.
The cable was rotten.

I told him so.

I suppose you still think
that he set that fire at the well.

Look, Mike, you really believe he set
that fire to cr*pple you

and to steal that money?

Perry, there was $ ,
dollars in the shack that night.

I saw it--

, in securities and
and , in cash.

What happened to it?

Mike, stop and think.

If that money had been stolen,

you might not be able to trace the cash,

but the securities were registered,

and in seven years not one dollar's worth
of that , in securities--

, ...

and you want to lease out
a thousand acres at $ an acre.

Perry, I've made up my mind,
and I don't want to argue.

Will you prepare those lease transfers,

or do I have to walk out of here
and hire myself a real lawyer?

Any other lawyer would throw you
right out of his office.

All right, Mike,

how do you want the transfers prepared?

One block, , acres.

You know, you may have to wait
a long while

for the right man to come along.

The right man will come along.

$ , ?

Harlow Phipps came to you at the bank
to borrow $ , ?

I told him bank vice-presidents
have fancy titles

but not very much authority.

For a loan like that,

he'd have to speak to the president,
Mr. Wilkerson.

Of course, Wilkerson turned him down cold.

Harlow Phipps has been
Mike Preston's right-hand man

for better than years.

Two weeks ago,
Preston shuts down his well,

lays off the crew, and fires Phipps.

Without a job
and without a nickel in security,

Phipps tries to borrow $ , .

Now, I'd call that interesting.

As a dutiful son-in-law,

I just thought you'd like to know

even though what happens
at the bank is confidential.

There's nothing confidential about the fact

that I'm so tied up
I couldn't raise cents,

let alone $ , ...

or weren't you suggesting
that I might be interested in Phipp's deal,

whatever it is?

He's not kind who would put up a front

without having something
pretty solid behind him.

I thought you might have some idea
of what it was.

- Did--
- You thought.

If you did, it's the first time.

Maybe there's some hope for you.

But if there was something,
something big,

and if I could--

I know things are a little rough
for you right now,

and there might be a way of finding out
about Phipps' deal,

that is, if you're really interested.

I'm interested.

Well, he's been keeping company
with a girl at the bank,

named Paula Hamilton.

Honolulu-- that's all I can think about.

It won't be long now.

Soon as I finish my business.

What business?

You don't even have a job.

Well, you have to admit, honey,

you haven't been acting
exactly like a big spender, lately.

Just give me a little time.

You could get a job with Mr. Jamison,
a good job.

Look, Paula, I don't need or want a job.

Even if I did,
Jamison would be the last man I'd go to.

All I need is to get
the right money lined up.

Money, money everywhere,

not a cent to spend

on Paula.

If Paula will just keep her little shirt on,

she'll be able to start her own bank

and spend it all on Paula.

I must be slipping.

Maybe you'd rather be out
with Harlow Phipps.

He never takes me out.

All I get from him is promises,
lots of promises,

just like you.

Is your wife back in town yet?

She'll be in San Francisco another week.

Paula, about Phipps' promises...

Arnie, what's he trying to get backing for?
Do you know?

He hasn't confided in you?

He just said he needed to get
the right money lined up.

What else did he say--
about the deal, I mean?

Nothing.

The way he acts,

you'd think
he's afraid someone might move in on it.

Even you?

Don't be silly.

I'm the kind that gets invited.

You know, Dave, nobody kids me
about the oil business.

I'm telling you,

there's been more dough thrown away
on it than has ever been taken out.

The only way to make it in this racket

is to know something,

something nobody else knows.

All right, I'll take it from here.

You run along home.

Harlow.

Well, if it isn't Mr. Jamison,
the big friend of the little investor.

You and your boss pack a grudge
a long time, don't you, Phipps?

Remember, I took a b*ating
in that oil well deal seven years ago, too.

$ , of those securities were mine,

every cent I had in the world.

Jamison, I'm going to say it
right to your face.

You're a midget.

You think you're a big man
in the oil business?

You ain't seen nothing yet.

And you're going to show me,
huh, Harlow?

You bet I am.

I'm going to be bigger
than you and Mike put together.

You're going to try your wings

now that Mike has pushed you
out of the nest.

- Is that it?
- I've got news for you.

Mike didn't push.
I did.

I think you're talking through your whiskey.

Yeah?

That ain't whiskey,

and I was cold sober when I pulled it out,
right under his nose.

Anybody can carry
around a bottle full of sand and solvent.

That's right, Mr. Jamison.

Let's have a drink, Harlow.

Another drink for Mr. Phipps,
and I'll have a scotch and water.

Are you trying to tell me
that you fooled Mike Preston

into plugging a well,

just feet short of blowing in a gusher?

Sure, sure, why not?

Switch your reports,

the electric log-- the real one--

and the sand.

Got 'em all back in my room.

How did you keep it from the crew?

Those roughnecks are easy to hire and fire.

A thousand acres,

half of it next to proven ground.

I can get it for an acre.

You're bluffing, Phipps.

I've checked on you.

You've been up and down that coast
for weeks trying to raise money.

You're afraid to show your hand
for fear Mike will find out.

You don't stand a chance
at raising that kind of money,

but maybe I can.

Now, what do you say?

Give me $ , cash for expenses,

and it's a deal.

Not quite.

It's still a pig in a poke.

I want to see the hole.

You're taking a big chance going out there.

What do you call laying , on the line?

Every time Mike takes a step...

it reminds him of what you did to his leg.

He catches you up there, he'll k*ll you.

Then you'd better see that he doesn't.

I'll see you there at : .

- [phone rings]
- Yeah?

Will you get out here right away?

I was sure we had Jamison hooked,
but something has come up.

Can't you tell me over the phone?

Look, please, Mike, I--

I don't have the time.

Now, will you get out here, and fast?

This whole thing is blowing up in our faces.

Phipps, are you trying
to pull something on me,

so help me, I'll k*ll you.

- [click]
- Phipps?

Don't hang up on me.

Phipps.

How long have you been standing there?

Long enough to know
it was Harlow who called.

- Mike, what's wrong?
- [phone rings]

Now, you listen to me, you--

This is Sopac Airlines.

Your operator said that we might reach
Mr. Phipps at this number.

Yes, sir.

It's regarding his reservation
to Honolulu tomorrow.

There were no cancellations on the flight.

Honolulu?

Yes, sir, that's right, Honolulu.

Well, the same to you, fellow.

Mike?

Mike! Hey, Mike!

[dials]

I was just passing through
on my way to Sacramento.

I got here about
minutes before Mike-- Mr. Preston-- did.

All right, Mr. Dunbar,
thank you.

If you think of anything else,

you can reach me through
the Los Angeles County Sheriff's office.

Landro, Sergeant Ben Landro.

I'll do that, Sergeant.

That'll be all, thank you.

All right, Mr. Preston,
you might as well tell me about it.

You were there.
The watchman saw you.

I went out to the well.
It was dark.

I didn't even get out of the car.

And I went to town to his apartment,

but Phipps wasn't there,
so I came back here.

That's all I know.

Was he out at the well when he called you?

How do I know where he was?

You must've figured he was there.
You went to the well first.

Don't push me, Landro.

I'll push as hard as I have to.
I'm investigating a m*rder.

I'll ask you once more.

What did Phipps want to see you about?

Mr. Preston,
where's that little -caliber a*t*matic

I understand you own and, uh, use?

In the glove compartment of my jeep.

Bring it in, Wilson.

Let's go back to the phone call from Phipps.

There's nothing more to tell.

Miss Reynolds, were you here
when Phipps called Mr. Preston--

[Preston]
You leave her out of this.

My driller's been k*lled, and you walk--
Your driller?

You threw Phipps out.
Everybody knows that.

It's not there.
There's no g*n in the car.

[Landro]
Get your hat.

I don't know what happened
to that stupid little g*n.

Perry, I didn't Phipps.

Do you believe me or don't you?

That's not the problem.

- Hugh Jamison k*lled him.
- Can you prove that?

Jamison was out at my well last night.

He went out there
to keep an appointment with Phipps.

Phipps told me.

Phipps is dead.

Now, what about this trip to Honolulu
you discovered he was going to make?

Who knows?
Phipps is dead.

Come in, Mr. Mason.
Sit down.

Thank you.

I'm sorry to hear about all this,

but I'm not surprised.

Mike Preston's a brawler.

He always has been.

When did you last see Harlow Phipps,
Mr. Jamison?

Yesterday, early in the evening.

We met in a restaurant, talked for a while.

Mind telling me what you talked about?

No.

He wanted to borrow money

to finance some new oil exploration.

What I don't understand

is why Phipps went out
to Mike's well last night.

Yes, that is strange.

It's even stranger that Mike went out there.

Not at all.
You see, Phipps called him.

Oh, incidentally...

do you like g*ns, Mr. Jamison?

No, Mr. Mason, I don't.

Well, thank you.

Oh, by the way,

did you give Phipps the money he needed
for his oil exploration?

We didn't get that far.

I'm afraid I haven't been much help.

On the contrary.

Specifically, I'd like to know

of anyone who's tried to raise
a large amount of money recently.

Derrick City is a small town, Mr. Mason.

What do you mean by large?

$ , .

I'd like to help, Mr. Mason,
but that is bank business, and--

Can you tell me
if Harlow Phipps came in for a loan?

Why, yes-- yes, he did,

over a week ago.

Did you make the loan?

I referred him to our president

since it involved so large a sum.

Mr. Wilkerson turned the loan down,
insufficient security.

I gather Mr. Jamison
wasn't as concerned about security?

No, he was--

You're very clever, Mr. Mason.

You're married
to Mr. Jamison's daughter, aren't you?

I assumed you were less secretive

about bank business with him
than you're being now, with me.

Mr. Mason, I don't want you to think
I was being secretive,

but if you'll tell me how a $ , loan

ties in with this m*rder,

perhaps I can be more helpful.

Mr. Keith,

I really don't think we should ask you
to violate the confidence of your customers

until you're under oath.

Yes, that might be best.

Miss Hamilton,

I realize what a shock this must've been,

but, if you don't mind,
there are some questions I'd like to ask you.

When was the last time
you saw Harlow Phipps?

When I drove him out to the well last night.

You drove him out?

Yes.

I needed his car to run an errand.

Did you go back for him later?

No.

He told me not to come until he called...

but he never called.

You know, you're a very attractive girl.

Living here alone, I imagine you have
some means of protecting yourself.

You mean a g*n?

Honestly, you men are all alike.

Just because a girl is pretty and alone,

you think she needs a g*n.

How well do you know Hugh Jamison?

Why, only as a customer at the bank.

Has he borrowed, or tried to borrow,
a lot of money lately?

I don't know anything
about Mr. Jamison's business.

Has Jamison ever had occasion
to come here to see you?

Certainly not.

What kind of a girl do you think I am anyway?

You tell me, Miss Hamilton.

I saw Jamison leave
this place just as I was arriving.

Aside from your tendency

to avoid telling the truth,

I'll be anxious to find out
just what kind of a girl you are.

So long.

Isn't it a little late for electric logs,
Sergeant Landro?

That's what somebody wanted us to think.

You mean this well isn't dry?

What did you come out here for,
Mr. Mason?

To look in the shack over there.

We have a court order permitting it.

Help yourself.

"Darling, I told you you needed this.

"Keep it near you when I can't be.

Love, Harlow."

I wonder what that was
that went with this card.

Perry, if there is oil here,

then Phipps
must have been trying to swindle Mike.

That's what Sergeant Landro will believe.

Looks like two bulls hit this China shop.

The watchman saw
a . a*t*matic beside the body.

When he came back, it was gone,

and Mike's g*n is still missing.

And no ejected shell case, either.

Nope. Either they can't find it,

or the k*ller was smart enough
to pick it up and get rid of it.

It's a tough one.

Seems to me, though,

that if we could find that g*n,
we'll find the k*ller.

Well, do I get it from you, Mike,

or do I get it as a surprise
from the District Attorney in court?

You remember, Perry,

when Jamison and I were partners
in that wildcat well seven years ago?

We were real close to oil
when the option came due-- $ , .

Jamison and I agreed
that we'd sell shares to raise the cash.

Half of Derrick City was in on the deal.

Perry, besides me,
Jamison was the only other person

who knew that money
was at the well that night,

waiting to be deposited
in the bank the next morning.

And half of that , was in securities,

and not one of them has shown up
in seven years.

That's it right there.

They've never shown up.

If they weren't stolen,
they'd have b*rned in the fire,

and if I stole them,
they'd have b*rned in the fire,

but suppose Jamison stole them.

What then?

He'd still have them...

hidden.

He'd be afraid to use them

because they were registered.

Jamison's in bad financial trouble.

A thousand acres of guaranteed oil,

rich land for peanuts, $ an acre,

exactly what Jamison needs to save his neck.

Only he has no money and no credit.

Only $ , in stolen securities

that he hasn't touched for seven years.

You thought he'd be desperate enough

to use those securities to buy the leases.

All right, what then?

I blow the whistle, have him tossed in jail.

Then I'd give everyone who invested
their money seven years ago

a chance to get
at least half their money back.

It was foolproof, Perry,
absolutely foolproof.

Was it?

Harlow Phipps is dead.

Where are the securities, Mike?

I don't know.

Doesn't make sense.

That's what the District Attorney
will say about your story,

but his story will make sense.

Phipps fooled you into capping your well.

He planned to make
a quick k*lling on the leases,

then get out of the country.

You found out, confronted him at the well,
and you k*lled him.

Do you believe that?

Mike, where is your . a*t*matic?

Oh, thank you, Elliot.

I don't think I could've managed without you.

Lydia...

[door opens]

Evening, Miss Reynolds, Mr. Dunbar.

Good evening, Mr. Mason.

I'll see you tomorrow, Lydia.

Good night.

I thought you'd already gone
back to Los Angeles, Mr. Mason.

No. May I talk to you for a moment?

Sure, soon as I put these groceries away.

That can wait.

Would you come inside, please?

Where did you--

What is this, Mr. Mason?

Perhaps Mr. Drake can help explain it.

One of the top ballistics experts
in Los Angeles

is a man named Harvey Beasely.

This morning Beasely received
a phone call from a "Mrs. Hathaway."

She claimed to be a writer

and wanted to know,
for a story she was doing,

how to run a ballistics test.

Beasely told her
that in order to get test b*ll*ts

to compare with the death b*ll*ts,

sometimes the g*n in question
is fired into a pillow.

Mrs. Hathaway called Beasely again,

asked if it would be possible

to compare two b*ll*ts she had

with photos of the m*rder b*llet

from a certain recent k*lling.

Beasely said he could manage it,

but if by some strange coincidence
the b*llet should match,

there would be a lot of explaining to do,

and, besides, which k*lling was it?

At that point, obviously frightened,
Mrs. Hathaway hung up.

I traced both calls.

They were toll calls
from Derrick City to Los Angeles,

both of them from the phone in this house.

Della?

Now, where did you find the g*n,

in the shack beside the body?

No, I swear I didn't.

It was in the glove compartment
of Mike's jeep.

You've got to believe me, Mr. Mason.

May I have the g*n, please,

and the two b*ll*ts you fired?

Concealing evidence, possibly even
a charge to accessory to m*rder.

You took quite a chance.

Why?

I love Mike Preston.

Paul...

do you still have that contact
inside the Sheriff's ballistics section?

You want a comparison test run
on these b*ll*ts

without Landro finding out?

Is that possible?

Yeah, if the b*ll*ts don't match.

And if they do?

You're handing Mike Preston
a one-way ticket to the gas chamber.

[phone rings]

Yes.

Just a minute.
It's Paul.

Go ahead, Paul.

I see.

Paul, I'll have Della wrap the g*n.

Then send it by messenger to Burger

at the District Attorney's office.

Thanks. We'll see you later.

The ballistic test--

what did Mr. Drake say?

The b*llet that k*lled Harlow Phipps

and the b*ll*ts fired from Mike's g*n...

do not match.

He was dead.

That . a*t*matic was
on the floor beside him.

The phone had been pulled from the wall,

and I had to drive better than miles
to call the Sheriff.

[Burger]
Now, when you returned to the shack

to wait for the Sheriff,

was anything different
than when you left the shack?

[Watchman]
Yes, sir.

That . a*t*matic--
it was gone.

I see.

Now, when you drove to the well
the first time,

before you discovered the body,

did you see anybody leaving the area?

Yes, sir,
I saw somebody driving off real fast.

It's him, sir, Mr. Preston, the defendant.

I took the g*n out of the
glove compartment of Mr. Preston's jeep

while Sergeant Landro was questioning him.

[Burger]
You took it? Why?

I don't know why.
I--

You don't know why?

Didn't you take that g*n

because you were sure that Mr. Preston
had committed a m*rder with it?

Objection.

Not only is the State asking this witness

to judge whether the defendant
is guilty or innocent,

but the prosecutor
is cross-examining his own witness.

No, your honor.

The State is asking this witness

only to explain her removal
of a vital piece of evidence.

Then does the State contend

that the g*n owned by Mr. Preston
is the m*rder w*apon?

Gentlemen,
I'm going to sustain the objection.

Now, do you wish to rephrase the question?

No, Your Honor, I'll withdraw it.

Now, Miss Reynolds,

according to the autopsy surgeon,

the decedent was sh*t through the heart

between the hours of : and : .

Mike Preston had received the phone call
from the decedent

in your presence at approximately : .

During the course of this phone call,

you testified that he accused Mr. Phipps

of pulling something

and also that he threatened to k*ll him,

and then you testified Phipps
apparently hung up on him.

At this point, did Mr. Preston
put down the phone

and leave the house?

A short time later, yes.

Was he delayed further?

Was there another phone call?

Yes-- Yes, there was.

An airline called
trying to locate Mr. Phipps.

When I told him there had been
no cancellation on the flight

that Mr. Phipps had requested to Honolulu,

Mr. Preston, he became rather abusive.

He said he'd see that Mr. Phipps
got the message,

but then-- then he used
some stronger language,

and he hung up on me.

Miss Hamilton, you were close
to the decedent Harlow Phipps,

perhaps closer than any other single person

during the days before his passing.

Did he ever confide in you?

Yes, he did.

And in these moments of confidence,

did he ever mention
the name of the defendant?

Objection.

Question calls for hearsay

and declarations made
outside the hearing of the defendant.

Your Honor, we ask this particular question

only to show the state of mind
of the defendant.

I believe the question is proper
for that purpose, Mr. Mason.

The witness will answer the question.

Once he said,
"For years I broke my back for Mike,

and he threw me out."

Another time he said,

"Just wait till my deal goes through.

I'll fix Mike Preston."

Thank you, Miss Hamilton.

That'll be all.

Your witness.

Miss Hamilton,

did anyone ever try to find out from you

what Mr. Phipps' deal was?

Did anyone ever ask you
what Mr. Phipps was doing

after he was fired by Mike Preston?

Well, one night Arnie--

[Mason]
By Arnie,

you mean Arnold Keith,
Mr. Jamison's son-in-law?

Was Mr. Jamison
at your apartment yesterday?

[Paula]
Yes.

What did you talk about?

Well, it didn't have anything
to do with Harlow's deal.

Mr. Jamison just asked me
not to mention his son-in-law's name.

He didn't want his daughter
to find out about us, Arnie and me,

but that was before I met Harlow,

Arnie and me, I mean.

You and Harlow Phipps
planned to be married.

Had he ever given you any gifts?

Well, a few little things.

He didn't have much money.

Was...

one of those little things a g*n?

[Paula]
A g*n? No.

Did he ever talk about giving you a g*n?

Well, he did say
he thought I should have one.

Did he actually buy a g*n to give to you?

He might have.
I don't know.

Miss Hamilton, your plans with Mr. Phipps--

did they include a trip to Honolulu?

Yes.

When did you find out
that he'd only made one plane reservation?

Well, when I heard it here in court.

Are you sure you didn't find out
the same way Miss Reynolds did?

Are you sure the airlines
didn't call your apartment,

asking for Mr. Phipps?

No, they didn't.

Are you sure you
then didn't get into Phipp's car,

drive back out to the well,

accuse him of running out on you,

and then sh**t him with the g*n
he'd gotten for you as a gift?

No, that's not true.

No further questions.

You may step down.

[Judge]
Mr. Burger?

Your Honor, since defense counsel,

in cross-examining many of these witnesses,

seems to be engaging
in some sort of treasure hunt

for a seemingly missing m*rder w*apon,

I thought perhaps he would like it

if I clarified this particular question
for him once and for all.

When the defense delivered to Mr. Burger

the g*n belonging to Mike Preston,

we did indeed anticipate a treasure hunt...

a hunt for a defendant
other than Mike Preston.

However, at this point,

it would be a pleasure to have
Mr. Burger resolve anything,

and, in particular, the question

of the not seemingly missing
but actually missing m*rder w*apon.

[Burger]
Anything to accommodate

the distinguished defense counsel.

I call Sergeant Ben Landro, please.

Can you identify this b*llet for us,
Sergeant?

Yes, sir.

It has my mark as well
as the autopsy surgeon's.

This is the -caliber a*t*matic b*llet
that k*lled Harlow Phipps.

And what about this second b*llet,
Sergeant?

It also has my mark.

This is a -caliber b*llet, a test b*llet,

fired form a w*apon suspected
of being the m*rder g*n.

Did you examine both of these b*ll*ts?

[Landro]
Yes, sir.

The b*llet that k*lled Harlow Phipps

was unquestionably fired
from the g*n I tested.

And who owned this g*n?

To whom was it registered?

It was the g*n given to us by Mr. Mason,

the one belonging to the defendant,

Mike Preston.

[Burger]
Your witness, Mr. Mason.

- [knock on door]
- Come in, Paul.

Hi.

Perry, we double checked,

and there's no question about it.

The test b*ll*ts Lydia Reynolds
supposedly fired from Mike's g*n

do not match the m*rder b*llet.

But the m*rder b*llet
was fired from Mike's g*n.

Well, Lydia loves Mike.

She could have deliberately juggled b*ll*ts.

I wonder.

What else did you get?

Well, I came up with a lot of answers

but not the foggiest idea
what they add up to.

[chuckles]
Let's hear them.

One-- I checked the airline.

Phipps did buy that ticket to Honolulu,

but with the provision
it could be rewritten for someone else.

Good.

Two-- on the day he was k*lled,
Phipps did buy a g*n-- . a*t*matic.

You checked on Dunbar?

That's number three.

Elliot Dunbar does own
a dummy company,

calls it ABC Products.

However, it's nothing but a bank account.
And that's it.

Perry, I called the phone company.

When you pull a phone out by the wire,

it sounds, at least on the other end,

exactly as if someone were hanging up.

You were right.

That's one of his few bad habits--
always being right.

Paul, put some men
on Dunbar's ABC Company.

I want all the information I can get on it.

- Will do.
- Oh, one other thing.

I want you to get a g*n for me,

a . a*t*matic exactly like Mike Preston's.

After today's testimony,

I should think you'd never want to set
eyes on another . a*t*matic.

Mr. Burger did so well
with one m*rder w*apon.

Let's see how he makes out with two.

Phipps and I had discussed a proposition.

He had an oil lease deal
that looked very promising,

and if he could back it up,
I intended to go in with him.

Did he indicate to you
that lease was held by the defendant?

No.

Earlier that evening you called Arnold Keith
about a possible $ , loan.

Was that loan
in connection with those particular leases?

Those or any others.

You have to move fast in the oil business.

I wanted that much available just in case.

You're a liar.
You went out to my well.

You k*lled Phipps.

You k*lled him because
you didn't want to share with him.

- Mike.
- [Judge tapping pencil]

Mr. Preston, this court
will not tolerate that sort of behavior.

Your Honor, I insist the record show

that the defendant made a shocking outburst
against this witness.

I submit that this is prima facie evidence

of the violent character of the defendant.

Your Honor, I apologize
on behalf of my client.

I can only offer, in extenuation,

the long-standing ill feeling
between these two men

and the reason behind that ill feeling.

I'm sure the court is aware of it.

Mr. Mason, I am aware of that.

If the defendant clearly understands

that regardless of the background,

he keeps his emotions
under control in this court,

we will continue.

[Burger]
I have no further questions

of this witness, Your Honor.

Mr. Jamison,

you said that the deal offered you
by Mr. Phipps looked good.

Now, what did you mean?

Well, he showed me a core sample.

An electric log and geologist's reports
were also available.

Those are common items
in the oil business,

are they not,
easily almost picked up anywhere?

Surely a man of your experience

wouldn't put up $ ,
unless he knew the ground, now, would he?

I knew the man.

I knew I could trust Harlow Phipps.

Mr. Jamison,
I must remind you that you are under oath.

Now, did you not, in fact,

have an appointment with Mr. Phipps

to be shown that ground
the very night he was m*rder*d?

Answer the question, Mr. Jamison.

All right, yes, I did.

I met Phipps at Preston's well at : .

We took about minutes
to look over the layout.

It was good, so I told him I'd put up
the money for the leases

and advance him $ , cash in the morning.

We shook hands on it.

I left him at minutes of :
and drove back to my office.

Did you go back to the well that night?

No, absolutely, positively no.

[Mason]
Mr. Keith,

it is my understanding
that the Jamison Tool and Supply Company

has been in severe financial difficulties
the past few months.

May I ask,
in requesting this loan from the bank,

what security did Hugh Jamison offer

as a basis for borrowing $ , ?

Security? There was no problem about that.

He offered the bank
a first mortgage on my wife's home.

My father gave me the house,

free and clear,

as a wedding gift
when Arnold and I were married.

It's been appraised at over $ , ,

and when Dad called me
and asked me if he could use the house

as security for a loan,

I told him of course he could.

Mr. Dunbar, was the turnover
in crewmen on this particular well

unusually large?

Oh, definitely, several times over.

In your considerable experience
in the oil business, Mr. Dunbar,

why, would you think, Harlow Phipps,

without the knowledge of the defendant,

hired and fired crewmen so frequently?

It's quite obvious--

to keep the real progress of the well

a secret from Mike Preston.

Objection.

[Burger]
I'll withdraw the question, Your Honor...

and that'll be all, Mr. Dunbar.

Your witness.

Mr. Dunbar,

you are the sole stockholder and owner

of a business
called ABC Products Company?

Why-- Why, yes.

But isn't ABC Products
simply a dummy company set up by you

to lease equipment to Mike Preston?

And didn't you occasionally write checks
to ABC from Mike's account

for equipment
that never really was purchased?

Well, no-- no, I can explain that.

You see, every time I went out to the well,

I'd write any checks that were necessary.

Including the ones I just spoke of.

But what happened when you heard
the well was to be closed down?

Were there checks outstanding?

Were you afraid you'd written one too many

and Mike would find out
what you'd been up to?

No, please-- please--

Isn't that why you came to Derrick City

on the night of the m*rder,

because you wanted to remove
any such checks

from the safe at the oil well office?

Didn't you drive out and find Phipps there,

fight with him and k*ll him
with the g*n he'd bought for Paula Hamilton?

No. No, I didn't k*ll him.

I didn't.

[Mason]
Then you took that g*n out to the ranch,

waited for your chance
to frame Mike Preston...

but Mike's g*n was missing.

Your chance
didn't come until the next night,

when you helped Lydia Reynolds
bring in some groceries...

and found a chance to get at her purse.

Your Honor, I protest this nonsense.

We have the m*rder w*apon.

Is Mr. Mason contending
that there are two m*rder weapons?

Exactly.

Your Honor,
I realize this is highly irregular,

but since this is
a preliminary hearing without a jury,

I believe I can expedite matters considerably

with the court's indulgence.

Subject to any subsequent ruling
as to the admissibility of what you present,

you may proceed, Mr. Mason.

Thank you, Your Honor.

First, as a matter of record,

Harlow Phipps did purchase
a . a*t*matic

on the day he was m*rder*d.

That g*n is still missing.

Sergeant Landro?

Sergeant, since there were
no cartridge cases found,

you identified this as the m*rder w*apon

solely because of the marks
left on the b*llet by the barrel of this g*n.

Is that correct?

That's right.

Now, this is a new g*n,

of the same make and model
as the g*n Sergeant Landro now holds.

It was purchased this morning.

Watch carefully, would you, please?

Sergeant, would you please remove
the barrel of that g*n?

Now, exchange it with this barrel,
would you, please?

Sergeant Landro holds
the g*n registered to Mike Preston,

the m*rder w*apon,

but the g*n you hold
has the barrel that marked the fatal b*llet.

So you, also, hold the m*rder w*apon.

Yes, Mr. Burger,

two m*rder weapons.

You, Mr. Dunbar,

you picked the real m*rder w*apon up
from beside Harlow Phipps' dead body.

You removed the barrel from it.

Later, when you were helping Lydia Reynolds
bring groceries into the house,

you took Mike Preston's g*n
from her purse, and you switched barrels.

It-- It was a chance to get even
with Mike Preston,

but please believe me.

I didn't k*ll Harlow Phipps.
I didn't!

No, Mr. Dunbar, you didn't k*ll him.

The one who k*lled Phipps
knew every step of the deal.

He followed Jamison out there,

waited until Jamison left,

then moved in like a jackal
at a feast of lions.

He knew the deal was really good

if Jamison was willing to mortgage
his daughter's house.

The k*ller wanted that land,

wanted it so badly he tried to buy it
with the only funds he had available--

$ , worth of securities
he'd stolen seven years ago.

You, Mr. Keith,

you stole that money,
and you k*lled Harlow Phipps.

All right.

Sure, I gave Phipps the stolen securities
to buy the lease.

He thought I left, but I heard him call Mike.

I pulled out the phone.

He-- He was like a madman.

I didn't know that part of those securities
were his, that he'd recognize them.

He att*cked me.

I grabbed the g*n and--

I didn't mean to k*ll him.
I didn't.

Well, Harlow got that reservation
to Honolulu for Paula as a surprise.

I guess he planned on joining her later,
when he'd finished things up.

And it was Keith, not Jamison,

that started that fire seven years ago
to steal the $ , .

Yes, apparently he had embezzled
money from the bank

and used the cash to make up his shortages.

And held on to the securities,
afraid to use them.

Until he fell into the trap
you baited for his father-in-law.

Well, Mike, I'm glad you're off the hook.

And I'm sorry about Keith, Jamison.

Well, I guess I've really suspected
my son-in-law for several years,

but doing anything about him
would have hurt my daughter so.

I guess it hasn't been easy
for either one of us, Mike.

I once said, "If I wanted something
to lean on, I'd buy crutches."

It wasn't exactly what I wanted to say.

I know, Mike.
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