09x16 - The Case of the Midnight Howler

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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09x16 - The Case of the Midnight Howler

Post by bunniefuu »

[MUSIC PLAYING ON RADIO]

[APPLAUSE ON RADIO]

MAN [ON RADIO]:
It's that time again.


Time for the man you either hate
or love but can't ignore.

Time for the man to whom nothing
is sacred except the truth.

Time for the most controversial
program on the air,

the Barney Austin Show.

Well, let's get right down
to business.

Let's see,
our first call tonight is to some nut

who says I called him a chiseler

because he's holding up
freeway construction.

This chiseler's name is Louis Ogden.

Clinton

- -

- .

And, uh, don't forget
to turn down your radio, Mr. Ogden.

OGDEN [ON RADIO]: Hello?
AUSTIN: Hello.

It's Barney Austin.

I've got your card.
What's your beef?

OGDEN: / just want you to know
I'm suing you for libel and slander.

People like you shouldn't be allowed
on the air.

AUSTIN: Well, I never lost one yet,
Mr. Chiseler.

See you in court.

[LINE DISCONNECTS]

Well, here's one that ought to shake
up the boys in the control room.

I have a note here from the man who
owns this station, Mr. Kevin Steele.

Okay, boss.

If this is a gag,
turn your radio down anyway, huh?

Adams

- -

- .

STEELE: Hello?
- Chief? Barney Austin.

STEELE:
Well, I wanted--

How did you get in here?

Put that g*n away be--

[g*nf*re]

AUSTIN:
Chief?

Chief, what is it? What's happened?

Chief, answer me.

Get the police over to Steele's place.

Fast.

[TIRES SQUEALING]

That was close. Are you all right?

I think so.

I have a first aid kit in the car.

[ENGINE REVS]

Clara?

Clara?

This is Holly. I just got back.

Clara and Ronnie were here
and they're both gone.

Did Clara leave a message with you
at the switchboard?

Have you seen them?

All right. Thanks.

[CAR APPROACHING]

Danny, what is it?

What happened? What's wrong?

Oh, now, calm down, Holly.

- Well, where's Clara?
- Clara's husband phoned.

He must've had an att*ck.
She went to see him.

- I came over to watch Ronnie.
- Where have you been?

Well, he couldn't sleep, so I thought
a little ride might do him some good.

Looks like it did.

Yeah, I'll put him to bed.

How did you cut your arm?

There was a little accident.
I was driving too fast.

- Kevin wasn't home, and I'm so--
- All right, Holly.

You know I believe everything
you say.

Are you sure
Kevin Steele didn't do this?

I told you, he wasn't home.

Holly.

Your ex-husband was home.
He was m*rder*d tonight.

The last report said he was sh*t
with a . caliber revolver.

All right, Mr. Richards, which one
of them brought her car in for repairs?

BRICE: Keep your hands
to your sides, please.

Yeah, that's the girl.

The third one.

She asked
for an insurance estimate.

New glass in one door
and some chrome trim.

[PHONE RINGS]

Sergeant Brice.

- Thank you. We'll be in touch.
- Now, put him through.

- Perry Mason.
- Will you show Mr. Richards out?

- Yes, sir.
- Steve Drumm.

Steve, what are you doing there?

They finally get smart and transfer you
from Homicide to Traffic?

I thought I was supposed to identify
a woman

who was in an accident I reported.

I'm still with Homicide, Perry,

and you were supposed to identify
this woman, and if you do,

she won't be an accident victim,
she'll be a k*ller.

Look,
I made a simple accident report.

But now you're a key witness
in a m*rder case.

Perry, come on, where are you?
What's up?

I'm sorry,
but my probate case was called late.

I really don't see
how I can get down there today.

- Get them out, Brice.
- Yes, sir.

And turn those lights on.

BRICE:
All right, girls, you can leave.

Okay, I understand. I'll tell you what.

Let's wait till it gets dark
so conditions will be similar,

and I'll take the suspect
up to the scene, say, two hours, : .

Shall I pick you up?

Well, that's the girl, all right.

You get the brass ring, Perry.

Her name is Holly Andrews,

and you've just clinched the case
for the DA's office.

On my identification alone?

You identified her in the area of
the m*rder at the time of the m*rder.

And you've come up with a motive?

Steele was worth over $ million.

And although they were divorced,
their -year-old son

is now the richest kid in L.A. county.

Did she receive much of a settlement
at the time of the divorce?

According to what we've been able
to piece together,

she divorced him before he found out
he was gonna be a father.

She didn't ask a dime from him.

Apparently Steele was difficult
to live with and she wanted out.

m*rder is a pretty permanent way
of getting out.

I knew it, Perry.

I give you a set of circumstances,

and you start thinking
like the lawyer for the defense.

Do me a favor, will you?

Start thinking like the state's
star witness for a change.

Why are they doing that?
I told you where I had the accident.

I know what you told me.

Now, Perry, you saw her car
come down from that road, right?

- Yes.
- That road goes up to Steele's place.

Now, according to report,

the accident took place
at ten minutes after .

Steele was m*rder*d
at six minutes after .

You know I was at the house and you
know where the accident occurred.

- That doesn't prove anything.
- What did you do with the g*n,

- Miss Andrews?
HOLLY: I didn't touch the g*n.

You just saw it on the floor
by the body, huh?

I didn't see the g*n
and I didn't see the body,

and that's the third time
I've told you so.

Miss Andrews, you're being held
on suspicion of m*rder.

- Do you understand?
- No, I'm stupid.

Well, I'm gonna tell you once more,
and in the presence of witnesses.

You have a right to be represented.

And I'm gonna tell you once more
in the presence of witnesses,

I didn't do anything,
and I'm not afraid to answer questions.

Okay, let's go up to the house.

Steve, I asked Paul to pick me up
either here or at the house.

Since he hasn't arrived yet--

I don't wanna leave you stranded.
Come on up there and wait.

But, Perry, do me a favor, will you?

Restrain yourself.

Keep quiet.

You know, Steve,
if that girl did k*ll Steele,

she certainly carries off a bluff
very well.

And if she didn't,
she certainly has plenty of spunk.

Now, Miss Andrews,

where did you stand
when you looked in?

Here, by the French doors.

- If you get in, you could turn lamp--
- Perry, please.

- You're a guest here.
- I'm sorry.

- This key was found in your purse.
- know that.


Was this the key you used
to get inside?

I didn't go inside.

The key was just still
on my key ring.

I hadn't taken it off
since I'd moved out of this tomb.

Sergeant.

- Go inside and turn on the lamp.
- Yes, sir.

Now, Miss Andrews, I want you
to tell me exactly what you saw

when you looked in the window
the night of the m*rder.

There were no lights on
except the light on the end table.

The radio was on.
I could see it and I could hear it.

- The only furniture--
- You're talking about furniture.

What furniture?

The bookcase, the coffee table.

Just the furniture near the fireplace.

Would you describe the fireplace,
please?

HOLLY: It's marble.
There's a painting over the fireplace.

The fire was on.

Miss Andrews, you saw all this,
but you couldn't see Steele?

That's right.

MASON:
Her story checks, Steve,

with one exception.

There's no painting
over the fireplace.

What painting? This room hasn't been
touched since the m*rder.

You didn't see a painting when you
examined the room yesterday?

I was examining a dead body,
a very dead body.

[CAR APPROACHING]

All right, let's go in.

[CAR DOOR SHUTS]

Ready, Perry?

Just a few minutes, Paul.

Meantime, take a look around back.

[SIGHS]

Does your return bother you
that much?

Everything in this place bothers me.

Every wall, every door.

That's all that's left of Kevin Steele.

A chalk mark.

Not one kind word
for the deceased?

If you can find one person
with a kind word for Kevin Steele,

I'll find one too.

Why did you hate him,
Miss Andrews?

I don't think you understand.

Let me show you something.

Kevin Steele may have d*ed
last night,

but part of me d*ed in this room
nearly five years ago.

Does this room have anything to do
with what happened last night?

How do you explain a man's ego?

His conceit.

His belief that the world exists
for only his benefit.

He had to have everything
completely his way.

He had visitation rights,
but he never exercised them.

He wanted Ronnie for himself alone.

The few times we went out socially

he was furious
if I even spoke to another man.

"You're not checking coats on the Strip
anymore,” he'd say.

"You're my wife. Try acting decent.”

All right, so he gave you a bad time,
Miss Andrews.

Now, how does this room figure
in that?

We had a visitor one day,
Dan Thorne.

BRICE:
You knew Thorne at that time?

Dan was a stranger.

He wanted financing
for his m*llitary academy.

When Kevin indicated
that he might invest in the school,

Dan came back
with the plans he'd drawn up.

Kevin wasn't home.

Dan and I went over the plans
in this room.

That's what we were doing
when Kevin returned and saw us here.

He wouldn't let me explain.

I thought they'd k*ll each other.

Why didn't they?

HOLLY: Someone walked in.
- Who?

It's unimportant.
His name's Jackson.

He used to help Kevin
with his art collection.

Why was the room left this way?

As a reminder that I was to never be
alone again with another man.

If I'd stayed married to Kevin Steele,

I'd have wound up
as insane as he was.

All right, sergeant, lock up.

- Perry, we'll be seeing you.
- Thanks for letting me tag along.

You're welcome. I didn't know
that you were interested in sob stories.

Mr. Mason, you're an attorney.

Do you think I'm guilty?

I think anyone who'd talk as freely

and answer questions
as willingly as you have

is either innocent or a fool.

And I don't think you're a fool.

How'd you like to take on a client
who probably can't pay you?

In the first place, a client whose son
is going to inherit $ million

could probably pay off
in gold bullion.

And in the second place, Mr. Mason
is already engaged for this case

as a witness for the state.

He is right, Miss Andrews.

If the district attorney calls me,
I'll have to testify

to everything I've seen and heard
up to this moment.

I'll chance it.

Get some sleep.
I'll see you tomorrow.

Something told me
I should have sent you home

down on the road, Mr. Mason.

[PANTING]

Well, I knew you wanted me
to find somebody,

but I never expected this.

You're a little frail
for second-story work, aren't you?

You picked a strange time
for a robbery.

Not robbery.
I was taking what's mine.

My name is Abel Jackson.

I run a small gallery
on Beverly Boulevard.

I bought many paintings
for Kevin Steele,

but he refused to pay me
for this one.

I paid out $ , of my own money,
every cent I had for this Van der Meer,

but he refused to pay me back

until the canvas was appraised
by an expert from Chicago.

Well, he was k*lled
before the expert could come here.

I had neither the money
nor the painting

nor anything in writing
to prove it was mine.

I had to have the picture back.

Can't you see that?

I can see
you're not a very good businessman.

Well, you can't be
a good businessman with a god,

and that's what Kevin Steele
thought he was.

You went along with it
or he'd ruin you.

All right, Mr. Jackson,
you may leave.

But I advise you to make yourself
available for questioning.

May I take my painting with me?

Uh, don't press your luck.
You'd better clear out.

Why did you give him a break?

He can't run far.

And besides,
he's put up a $ , bond.

I didn't even know Kevin was dead
until I got home and Dan told me.

But I've told the police all of this.

Did you tell them
why you went to Steele's?

- No.
- Would you tell me?

Gordon Sellers called me.

He owns
one of the independent radio stations.

He's had a running feud
with my ex-husband

ever since Kevin hired Barney Austin
away from him.

Well, last night,
they had another big argument.

And after Kevin left,
Mr. Sellers called to warn me.

About what?

Kevin was going to get a court order
to have our son taken away from me.

Ever since he'd found out
about Ronnie

he had been trying
to do exactly that.

I was so scared
after I talked to Mr. Sellers.

- And since Clara was with Ronnie--
- Clara?

Clara Michaels.

I had to work awfully late getting out
tuition notices for next semester.

Clara was sitting for me.

I went to the house
to plead with Kevin.

Knowing full well
there was no way of convincing him.

Then when he didn't answer
the doorbell, I...

I thought I was too late. I've--

I thought he was already on his way.

That's why I was driving down the hill
too fast.

That's why I was so anxious
to get away from you.

You didn't hear anything
inside the house?

Voices? An argument? sh*ts?

No.

Only the radio.
It was tuned in to Barney Austin Show.

And the police say that Steele
was k*lled with Dan Thorne's g*n.

Do you have any idea how the g*n got
into the m*rder room?

Well, a few months ago

when Kevin first threatened
to foreclose on Dan,

I went to see him.

We argued as usual.

He took the g*n away from me.

Is there any reason
to bring Dan into this?

Would he object to being brought
into it if he knew it might help you?

I don't know.

Dan's been awfully good to me.

He gave me a job
when I was dead broke.

He even let me live on the grounds.

I don't know. I can't answer for him.

All right.
We'll let him answer for himself.

Perry,
would you do something for me?

Today is Ronnie's birthday.

His presents are at my house.
Clara's with him.

I'll see that he gets his presents.

[BOYS YELLING]

Come on, break it up. Break it up.
Break it up. Come on.

Come on, now. No fighting.
Get back in the game.

Come on. Come on.

- Daniel Thorne?
- Yes, that's right.

I'm Paul Drake, a private investigator
working with Holly Andrews' attorney.

I wonder if you could give us
some information.

Well, what sort?

Well, Kevin Steele was k*lled
with your g*n.

Holly told the police she didn't know
how the g*n got in the house.

Was that the truth?

No--

No, it, uh, wasn't.

How did it get there?

Well, uh, I gave Holly the g*n.

Showed her how to use it,

in case she had to protect herself
from Steele.

Did Steele loan you the money
to start this school?

Well, I approached him,
but he refused.

Maybe Holly told you
about the big ruckus we had.

You're sure he didn't hold the notes
on this place?

I didn't say that.

I arranged financing.

The first couple of years, I managed
to get extensions on my payments.

But a little while after she left him
and had Steele's child,

I got the word
Steele bought up my mortgage.

How did you feel about that?

Scared.

CLARA:
Thank you very much, Miss Street.

I'll see that Ronnie gets these
with his cake.

- How is he, Mrs. Michaels?
- Oh, he's fine.

He's a real good boy.

So good, it's hard to believe
he has Kevin Steele's blood.

You didn't like Mr. Steele?

I know you're not supposed
to be disrespectful of the dead,

but between you and me,
I hated him.

Not only for what he did to Holly.

Let me show you something.

That's what Kevin Steele did for me.

He made a wreck, an invalid
out of my husband.

He stepped on poor Charlie
like he was a bug.

But why, Mrs. Michaels?

Heh. Because we crossed him.

You see, Holly used to live with us
before she married Steele.

She was pregnant
when she left her husband,

but she wanted to keep it a secret,
so she came to us.

And Charlie and I helped her.

We found her a room
in a private hospital

under another name
where she could have her baby

without Kevin knowing.

- But he found out?
- Not right away.

But when he did...

Charlie was in real estate.

All of a sudden
his notes are called in.

His credit's no longer good,

and the Real Estate Commission
get complaints

so they lift his license.

And ever since,

Charlie has been in that wheelchair,

just sitting and staring.

If I sound glad that Steele is dead,
it's because I am glad.

I only wish it could have been
somebody besides Holly.

But if ever there was a case
of justifiable homicide...

Why, after all these years,
would she do it now?

Who knows?

Maybe because he was going
to take Ronnie away from her legally.

And that does it for tonight,
you wonderful Barney Austin haters.

Turn the old dial to KRMQ again
tomorrow night,

same time, same old stand.

And maybe I can make you
mad enough to do something

about the world around you.

Good night and unpleasant dreams.

Glad to know you, Mason.
I'm honored that you're a fan.

As a lawyer, I'm intrigued.

You always seem to border
on the edge of libel.

And I come up smelling like a daisy?

I have some smart attorneys
of my own.

Your secretary said you wanted
to hear that tape. It's--

[FEEDBACK SQUEALING
OVER SPEAKERS]

Wow. Feedback.

Somebody goofed.

I'm sorry about that, Barney.
It was my mistake.

You're not paid to make mistakes.

[SIGHS]

I shouldn't have lost my temper,
but guys like that get to me.

You know,
I'm not really such a tough guy.

From your show,
I gathered that you were.

You think I'm really a heel?

You probably work
at building that kind of public image.

Ha. I'm the last of the vigilantes.

When I was just a cog in the machine,
Mr. Mason,

my office looked like a broom closet.

Obviously, you must have become
the whole machine.

I like a one-man show.

It's my show, my existence,
my lifeblood.

You're very fortunate.

You can hear that tape now.

AUSTIN [ON RECORDING]:
Okay, boss.

If this is a gag,
turn your radio down anyway, huh?

Adams

- -

- .

STEELE: Hello?
AUSTIN: Chief?

Barney Austin.

STEELE:
Well, I wanted--

[DOOR OPENS ON RECORDING]

How did you get in here?

Put that g*n away be--

[g*nf*re]

AUSTIN:
Chief?

Chief, what is it?

Well, that's it.

You get anything out of that?

I'm not sure yet.

Well, if it'll help,
take this copy with you.

The police have the original
from our files.

Thank you.

Oh, Mr. Austin,
one thing might help.

Do you know the circumstances
of that call?

Why Mr. Steele
wanted you to call him?

Oh, I'm afraid I can't help you there.

Nobody could predict what the chief
would do from one minute to the next.

Could it have had anything to do
with Gordon Sellers?

Why do you ask that?

Well, we heard that Sellers and Steele
were involved in a bitter argument

a few hours prior to the m*rder.

Yeah, I see what you mean.

Now, if Sellers went up there
to finish the argument,

you might say, it just could be.

Hello, Paul. I'm sorry I'm late.

- Does Della know we'll be here?
- She does, and she'll refer all calls.

What's the deal?

I have a hunch we'll
be having company.

- Did you get to county museum?
- Right after I saw Thorne.

And I have a report
that Jackson gave us a snow job.

The painting is a forgery.

There hasn't been a genuine
Van der Meer in this country

in years.

The museum people
were surprised he'd even try.

Jackson's had a fine reputation
for years.

Well, score one for your hunch.

Mr. Mason?

Mr. Gordon Sellers.

You expected me?

Just as soon as you'd finished talking
with Barney Austin.

Please sit down.
This is Mr. Paul Drake.

Hi.

Well, Barney called me.

He's a friend.

I figured I wanna help Holly.

I've got nothing to hide,
so here I am.

What can I do for you?

Well, Holly said you had
a bitter argument with her ex-husband

the same day he was k*lled.

Mind telling us what it was about?

I guess not.

It wasn't our first argument.

And if he were still alive,
it wouldn't be the last.

Didn't Barney Austin work for you
at one time?

I started him in radio.

Developed
the Barney Austin Show.

Then Steele took him away
from me.

Was Austin that important?

He was--
Is top rated in late-night radio.

And that was the subject
of the argument?

No.

After Barney left,
I found a replacement.

Started a new show,
the Larry Stephens Show.

Three months ago, Steele began trying
to take Larry away from me

just as he had Barney.

And yesterday I found out about it,
and things came to a head.

But why would Steele
want Larry Stephens?

Barney Austin's
the biggest money maker in town.

Nobody ever asked Kevin Steele
for reasons.

But I did ask Barney.
I thought he might know.

Exactly why did you call Holly?

I told you, I like the girl.

Steele told me
what he was planning to do to her.

Use a legal petition
to prove that she was an unfit mother.

For moral reasons,
take the child away from her.

A scandal like that
could have wrecked Thorne's school.

I don't think
there was any hanky-panky.

But you've got to understand,
Steele was an unscrupulous tyrant.

He'd been watching Holly and her
boyfriend, this-- What's his name?

--Thorne for six years.
Swore he'd nail them.

Who was supposed
to sign the petition?

From what I gathered,
members of the household staff and--

Oh, yes, Clara Michaels.
He did mention her.

We'd better have a look at that petition
before we go into court tomorrow.

Is there anything else I can do?

Yes, Mr. Sellers.
Come to think of it, there is.

Several hundred thousand people
actually heard this m*rder committed.

And the records of the radio station
now admitted in evidence

showed the exact time
the sh*ts were fired:

six minutes after midnight.

Now, what time was it when you saw
the defendant Holly Steele

on the canyon road
adjacent to the decedent's property?

Ten minutes past midnight.

Would you describe
the circumstances, please?

Defendant had an accident.
Her car ran off the road.

I stopped to be of help.

Now, Mr. Mason,
I'm going to read to you

from the police department
accident report.

You were quoted as saying:

"The young woman
was extremely nervous.

She had a cut on her arm.

She had been traveling
at a high rate of speed.

She left the scene before I could
render first aid," unquote.

- Are those your words, Mr. Mason?
MASON: Yes.

BURGER: Now, you visited
the scene of the m*rder

with the police and the defendant
next day, didn't you?

I'm sure
the district attorney realizes

that as the defendant's attorney,
I cannot be required to--

But, Mr. Mason, you were not attorney
for the defendant

until after you had visited
the scene of the crime.

Now, please tell us,

to begin with,
the distance from the house

to the spot where the defendant
ran off the road.

I'd estimate it
at a little over half a mile.

BURGER: Very good.
It's exactly seven-tenths of a mile.

Now,
driving at a moderate rate of speed,

how long did it take you
to cover that distance?

I don't recall.

Police experiments showed
that driving with extreme caution,

it took less than two minutes.

Now, you, of course,
have the defendant traveling

at a high rate of speed,

so it's obvious, isn't it,

that the four minutes that elapsed
between the time of the sh*t

and the time the defendant
ran off the road--

Is the district attorney
putting questions to me

or merely getting speculation
into the record?

I'm sorry, Mr. Mason.

I'm so used to your insistent voice
behind me,

keeping me in line
with your brilliant, incessant objections.

I have just one more question.

How did you gain access
to the m*rder house that next night?

Lieutenant Drumm arranged that.

Yes,
but you were with Lieutenant Drumm,

able to observe him, weren't you?
How did he get in?

Why don't you ask him?

Isn't it true that the defendant assisted
in this process?

Didn't the defendant--?

The defendant said she had been
there on the night of the m*rder.

I didn't ask you that, sir.

She denied having k*lled him.
She said she heard the radio blaring.

She willingly answered
all questions.

She explained very clearly
why she'd gone there.

Your Honor, this witness
is not being responsive at all.

Do you have any further questions,
Mr. Burger?

Yes, Your Honor.
I want this witness to tell us

how the police gained access
to the m*rder house

on the occasion of his visit there
with them.

As the witness suggests,

you might question the police
on that score.

But if you wanna continue
the examination...

Thank you, Your Honor.

The witness is excused.

Yes, sir. The key taken
from the defendant's purse

was used to gain access that night.

Did the defendant say
why she had the key in her purse?

Yes, sir.
She said she hadn't taken the trouble

to remove it from her key ring.

After nearly five years
since the divorce?

DRUMM:
That's what she said, Mr. Burger.

Lieutenant,
your investigations establish

that the m*rder w*apon
was a . caliber service revolver

registered to Daniel Thorne,
the defendant's employer.

Now, when you arrested
the defendant,

did you have occasion to question her
about this w*apon?

Yes, sir. She admitted
that Mr. Thorne had given it to her.

And now, lieutenant, let's discuss
the fingerprints that you were able to--

If the purpose of the prosecution
is to establish

the defendant was at the house
on the night of the m*rder,

defense will stipulate.

BURGER:
Thank you, Mr. Mason.

That's all, lieutenant. Cross-examine.

MASON: I have no questions
to Lieutenant Drumm.

And so because of the recorded
broadcast of the event itself,

your examination confirmed rather
than established the time of death.

- Is that correct, doctor?
- That's correct.

Thank you, sir.

Cross-examine.

How did you establish
the post-modem interval?

We were fortunate in this case.
We had two known facts.

The time the sh*ts were fired,
the time the body was discovered.

It was only a matter
of, maybe, minutes

before the police arrived.

Obviously,
no deterioration was evident.

Did you note if any autolytic processes
had taken place?

DOCTOR:
No, Mr. Mason.

The non-medical facts
were conclusive.

Thank you. That's all.

Well, I heard Kevin Steele accuse
Mr. Thorne and the defendant

of carrying on while he was away.

It's been a long time.
I don't remember any details.

And did you have occasion
to visit the Steele home again

after overhearing this fight?

I handle Mr. Steele's art acquisitions
so I was in and out all along.

BURGER: Well, did you notice
any other evidence of friction

between the defendant
and her husband?

For example,
did they agree about art purchases?

They couldn't agree
on the time of day.

No, I only dealt with Mr. Steele.

BURGER:
Why was that, sir?

Well, about a month after the fight,

I noticed that Mrs. Steele,
the defendant, had gone.

He hadn't given her a dime,
but she'd gone anyway.

Thank you, sir.
Take the witness, Mr. Mason.

Did Mr. Steele always pay promptly

-and in full?
- Well--

Now, let's not waste the court's time,
Mr. Jackson. We both know the facts.

He stole from me for years.

Held back on my commissions,
that's the same thing.

But you arranged to get your
commissions paid in full, did you not?

Well, I took the painting,

but I've already admitted that
to the police.

You tried to pass off that painting
and Mr. Steele caught you at it.

Then you tried to take it back
after his death

to remove the evidence of fraud.

Were you also in and out of that house
on the night of the m*rder?

BURGER:
Objection.

Your Honor, it's been established
in previous testimony

that the painting missing
from the m*rder room

was taken by Mr. Jackson.

It seems pointless
to intimidate a witness

over an already acknowledged fact.

That's all right, Mr. Burger.
I'm through with the witness.

For now.

Yes, I gave her the g*n.

She was afraid of Steele.

And she had a right to be.

I saw her about a week after--

About a week
after I had the battle with Steele.

Her face was swollen.
He'd beaten her.

So you did see her again,

even after Steele had warned her
not to see you.

Well, that was purely accidental.

I was talking to Clara Michaels

about acting as nurse for my school
when I was planning it.

And Holly, the defendant,
came by to see her.

Let's get back to the g*n,
Mr. Thorne.

The defendant did ask you
for the g*n

before she saw Steele the first time,
isn't that so?

I mean, you didn't volunteer it
or suggest it?

All right, she asked for it.

BURGER:
And after she had seen him

and I assume had no further use
for the g*n, she gave it back to you.

- Is that right?
- No. As a matter of fact, she didn't.

That'll be all.
Thank you very much, sir.

Your witness, Mr. Mason.

Did the defendant tell you

why she was going to see Mr. Steele
that first time?

Yes. He bought up my mortgage,
and he was threatening--

- The defendant?
- Please let me finish.

He was threatening to foreclose.

So he threatened you, Mr. Thorne.

Then the defendant went to him
to ask him to give you time.

- Is that correct?
- Yes.

Mr. Thorne,
when the defendant went back

to see the decedent
on the night he was m*rder*d,

do you know why she went there?

Yes. He was gonna take Ronnie,
that's her child, away from her.

He'd tried for six years
unsuccessfully.

Now, why was that night any different
from any of his other attempts?

He wasn't above barging in
and forcibly taking the child.

But in this case, he was
getting together a custody petition

accusing her of being an unfit mother
and implicating me.

All of which is ridiculous.

Knowing that it might reflect on your
school, you nonetheless allowed her.

- She didn't ask my permission.
- Thank you, Mr. Thorne.

Oh. One thing more.

When the defendant took your g*n
and didn't return it,

did she explain
why she couldn't give it back to you?

Yes.

She told me Steele
had taken it away from her.

So as far as you know,

anyone entering Steele's house
on the night of the m*rder

could have used that g*n?

Yes, I suppose so.

I'm through with the witness.

Well, I'm not quite.

One moment, Mr. Thorne.

You say the defendant told you
Steele took the g*n away from her.

Now, did Steele himself
ever tell you that?

- No.
- Did anyone else ever tell you that?

No. Why would they?

So all we really have
is the word of the defendant herself.

No,
I never saw anything wrong going on

between Holly and Dan Thorne.

Never.

Oh, come on, now.

A man like Kevin Steele
was not planning

to use your statement
in that petition

unless he had grounds to believe
that you were willing and able to say

that you had seen the defendant
and her employer

behaving immorally
in the presence of the child.

That's what the petition alleges,

and that would certainly
constitute grounds

for his gaining custody of the child.

- The decedent knew that.
- Well, I didn't know it.

I never even heard of the petition

until the lieutenant there
showed it to me.

BURGER:
Didn't you tell me in my office--?

CLARA:
I told you

that Steele had asked me questions
about it some time ago.

That's all.

Very well. Cross-examine.

Mrs. Michaels,
let's be fair with Mr. Burger.

Isn't it a fact you told Miss Street--?

I told your secretary about the petition
after the m*rder.

And you just told Mr. Burger

that you heard about it
from Lieutenant Drumm.

Well, what I meant was ll--

I heard about the details of it
from the lieutenant.

Thank you for making that clear.

Now, Mrs. Michaels,
how did you know about the petition,

I mean generally, before that time?

Well, I don't really remember.

Isn't it true you went to the decedent's
home the night of the m*rder--?

No, that's not true.

Then where did you go

when you called Mr. Thorne
to sit with the defendant's son?

CLARA: My husband
was suddenly taken terribly ill.

I had to go home.

- Did you call a doctor?
- No, I...

MASON:
Mrs. Michaels,

is it not a fact that you went
to see Kevin Steele that night?

No. I--

I started to go, but I didn't.

I changed my mind.

Why were you going there,
Mrs. Michaels?

Steele said he wanted my signature.

He'd already ruined Charlie.

He'd already taken
everything he had.

And now he told me, either I sign

or he'd take what little we had left.

But I couldn't lie.

I couldn't let that animal
take Ronnie.

MASON: Mr. Thorne testified
that he relieved you at : .

Now, where did you go
if you did not go to Steele's residence

and you did not go home?

CLARA:
Well, I went up Sunset.

I didn't turn to Coldwater.

And then I went on to Westwood.

I tried to call Steele

to tell him that I wouldn't sign
no matter what he did.

- Tried to call him?
- I couldn't get any answer.

How long did you try?

Oh,
until maybe about quarter past .

Did you get a busy signal?

There wasn't any answer.

- You're certain about that?
- Yes.

More certain than you were
about the petition?

Yes, I'm positive.

Mrs. Michaels,
several hundred thousand people

won't corroborate your testimony.

They heard Kevin Steele
answer his phone

the very time you say
you couldn't get an answer.

Your Honor,
I'm going to excuse this witness,

subject to recalling her to the stand.

Well, the defendant got all excited.

Said that she'd tried everything

to get Steele to leave her
and her boy alone and that...

And that what, Mr. Sellers?

That there wasn't anything to do
short of ..

Short of k*lling him.

Thank you, sir. Cross-examine.

Mr. Sellers,

apparently you were quite busy
making phone calls that day.

You called Barney Austin,
you called the defendant.

I was just trying to help.

Now, you told us you had an argument
with the decedent

because he was taking
your star performer,

Larry Stephens, away from you.

We are to understand, I assume,

that Mr. Steele paused
in an argument and said,

"By the way, I'm gonna take my son
away from his mother.”

- It wasn't exactly like that.
- Then how was it?

He broke off our discussion
and said that he had to leave

because of this thing
about his son, his wife and Thorne.

After this heated argument,
he told you that?

Yes.

Listen, Mr. Mason.

I've bent over backwards
trying to cooperate with you.

Just what are you getting at?

Mr. Sellers,
there's no intent on my part

to impugn your testimony.

I'm simply trying to put all the facts
before the court.

Now, tell us,

had Mr. Steele in fact managed to take
your star performer away from you?

- Yes.
- That was the second time, wasn't it?

The first time, he took Barney Austin
away from your station.

From a look at court records, you were
in considerable financial difficulty

before you recovered
from that loss of revenue.

But I did recover.

And Barney and I remained friends.

Yes, I recall that you talked
to Mr. Austin too.

- Now, why?
- I wanted to find out what he knew

about Steele trying to take my man
away from me, that's all.

And what did Mr. Austin tell you?

Nothing.
He didn't know anything about it.

Thank you, Mr. Sellers.

You may stand down.

Your Honor, at this point,
and with the court's indulgence,

we would like to attempt
a faithful re-creation

of the Barney Austin Show
the night of the m*rder.

How is that possible, Mr. Mason?

By using an exact transcript
of the tape.

Mr. Sellers has agreed
as a public service

to use his radio station,

and Mr. Barney Austin
has volunteered to assist us.

Your Honor,

Mr. Mason is about to launch another
of his courtroom spectaculars.

And while I admit that in the past,
these have been

as entertaining and diverting for me
as for the spectators,

- I just fail to see--
- Mr. Mason?

It's vital to the defense
that we establish

the precise sequence of events
on the night of the m*rder.

Very well, Mr. Mason.

You may proceed
with your demonstration,

subject to the right
of the district attorney

to object at any stage.

We're ready, Your Honor.

Mr. Austin, please?

Oh, a technicality.

Since Mr. Austin will, in effect,
be giving testimony,

perhaps he should be sworn in
at this time?

As your witness, Mr. Mason?

As my witness, Mr. Burger.

The clerk will administer the oath.

Raise your right hand. Do you swear
to tell the truth, the whole truth,

- and nothing but the truth?
-l do.

- State your name.
- Barney Austin.

Be seated.

Your Honor,

there we have a studio microphone
on a direct line to Mr. Seller's station.

Mr. Austin's words will be broadcast
over the air

on a specially assigned frequency

and will be received here
on the radio the decedent used.

The telephones are private lines
provided by the phone company.

Now, if Your Honor, please,
Mr. Sellers has agreed

to play the part of the decedent,
Kevin Steele.

This is the tape transcript.

JUDGE: May I remind you, Mr. Sellers,
that you are still under oath.

Well, here's one that ought to shake
up the boys in the control room.

This note's from the man
who owns this station, Kevin Steele.

Okay, boss. If this is a gag,
turn your radio down anyway, huh?

Adams

- - - - .

[PHONE RINGS]

- Hello?
- Chief?

Barney--

[FEEDBACK SQUEALING
ON RADIO]

JUDGE:
Mason, what's wrong?

Mason, what's wrong?

MASON:
I'm sorry, Your Honor.

Your Honor, Mr. Mason promised us
an exact re-enactment.

To the last detail, that's true.

There ain't nothing wrong, gentlemen.
It's feedback.

If you've listened, you know that's why
I asked the guy on the other end

to turn the volume down
on his radio.

Yes, but thousands and thousands
of people will confirm the fact

that there was no feedback
on the air that night.

But Steele's radio was on.

I testified that the defendant said
she heard it,

and Lieutenant Drumm's testimony
will confirm it.

Then when Austin called
Mr. Steele's number

and Mr. Steele answered it,

then why wasn't there feedback
on the broadcast?

Mr. Austin,
would you explain that please?

Uh...

- I don't know.
- Everybody who listened

to the broadcast that night

heard Mr. Steele
answer the telephone

and then heard
the m*rder committed.

Not the m*rder,
but what purported to be the m*rder.

A tape recording of Steele's voice

and the recorded sound
of two g*nshots.

Mr. Mason, I made that call.

I don't think you called
Mr. Steele's number, Mr. Austin.

You remember Mrs. Michaels testified
that she tried to call Steele

several times
and couldn't get an answer.

I recall that testimony.

Someone saw to it that Mr. Austin
would not call the correct number.

That someone edited together a tape
of Steele's voice

from other radio conversations

and put it on an answering device
at another phone.

But that's impossible.
No one could have gotten away with it.

No one is going to get away with it,
Mr. Sellers.

The reason Clara Michaels
got no answer,

the reason Holly Andrews
didn't see Steele,

was because he was already dead.

k*lled prior to the broadcast

by the person who planned so well
to commit the perfect m*rder.

A m*rder*r who could count
on the corroboration

of thousands of witnesses.

AUSTIN [ON MACHINE]:
This is Barney Austin.

Leave your message
when you hear the signal.

But he was my friend.

Kevin Steele was my friend.
I had no reason to--

What happened, Mr. Austin?

Did King Kevin decide
to get rid of King Barney?

Did he decide to take away
your microphone, your crown?

When Sellers called me,
I knew what Steele was up to.

I knew why he wanted me
to phone him.

So he could fire me on the air.

And when I went to him,
all I asked was for time.

Time to work something else out.

But the king didn't make bargains,
did he?

But I had it planned.

I had it so perfectly planned.

Except for one thing.

You forgot to turn down the radio.

Look, nobody pulls the rug out
from under Barney Austin.

Nobody.

I don't get pushed around.

I'm the one who calls the sh*ts!

Me! Barney Austin!

Let's hurry it up, boys.
Lights out in ten minutes.

MAN [ON RADIO]:
Sacred except the truth.

Time for the most controversial
program on the air,

the Larry Stephens Show.

And a big fat hello

to all you Larry Stephens haters.
It's nice...

Clay, will you turn that thing off?

What for? This fellow's sensational.

He really kills them.

- The king is dead.
- We will play some of the windbags--

- Long live the king.
- It goes to prove, Della.

Nothing really changes.
Life goes on very much the same.

LARRY:
So let's call our first member

of the Larry Stephens
Should Drop Dead Club.

And remember, please,
to turn down your radio.
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