When Every Day Was the Fourth of July (1978) - full transcript

This film concentrates on attorney (Dean Jones) and his 9-year-old daughter (Katy Kurtzman). Responding to Katy's fervent pleas, Jones takes on the case of mute handyman Geoffrey Lewis, who has been accused of murder.

[MUSIC - "AMERICA THE BEAUTIFUL"]

CHILDREN: (SINGING) Oh beautiful,

for spacious skies, for amber waves of grain.

For purple mountain majesty above the fruited plain.

DANIEL COOPER (VOICEOVER): Maplewood Grammar School, where

we all started out together--

me and Charlie Wilson and Howie Martin and Dave Zimmer

and Marty Albert.

And of course, my little sister Sarah.

It seems as if 1,000 summers have come and gone since then.

Yet the memories will always remain,



and need only be touched to return as clear and bright as

yesterday.

And so it is that even now, when I feel the softness of a summer

breeze, or see a familiar pattern of shadows

play across the ground, or hear a little girl's laugh,

I'm easily transported back to those days of my youth,

to a time of innocence and adventure,

when life was yet to be lived and every day

was the 4th of July.

[children cheering]

- Hey, let's get some fudgey cones.

[shouting]

- Aw, let's not.

- Come on!



- Save your dough for Najarian.

- Hey, Daniel.

CHARLIE WILSON: Hey, there's your sister, Dan.

- What's she carrying?

- Magazines, dummy.

What does it look like?

SARAH COOPER: Hi, Charlie.

Dave, Howie.

How you doing, Marty? - Good, Sarah.

- Hi, Sarah. How are you?

SARAH COOPER: Look, Dan.

I'm going to sell the "Saturday Evening Post."

Mr. Hart said some kids have made as much as $5

in only a week.

- I don't know that Millie's going to think

that's such a good idea.

- Hey, you got any dough, Sarah?

We're going over to Najarian's. - Uh-uh.

Besides, Millie says all that candy's not

good for your teeth.

- Hey, look.

- Hey, Snowman!

Careful you don't melt.

- Stop it, Charlie!

Don't be cruel to him.

- Aw, come on.

I was just kidding him.

- My father says he's been riding that same bike

as long as he can remember.

- He's just like us, only he's whiter, that's all.

DANIEL COOPER: Like us?

Are you kidding?

He's a crazy.

He can't even talk.

- Hi, Marty.

[children mocking]

SARAH COOPER: I'll wait for you.

Maybe I can sell my first subscription.

[children clamoring]

- I'll have a red soda.

- Wouldn't you want to have my baseball cards?

HOWIE MARTIN: Hey, Bobby.

Let's have some g-man cards. CHARLIE WILSON: Yeah.

DANIEL COOPER: Red licorice. CHARLIE WILSON: Thank you.

HOWIE MARTIN: Oh, boy.

Jimmy Fox. CHARLIE WILSON: Ah, swell.

Trade him for Babe Ruth.

DANIEL COOPER: Hey, Bobby, you want me to stay?

We're going to play some-- MR. NAJARIAN: Hello, boys.

On your way home from school?

- Hi, Mr. Najarian.

[crosstalk]

- You know what our teacher told us today, Mr. Najarian?

MR. NAJARIAN: Mm?

- Those guys, what's their names again?

- Sacco and Vanzetti. - Yeah.

Miss Woodyear said that they were never really guilty.

- How can she say that?

She don't know what she's talking about.

Look.

Look, you see?

Here is a telegram I get from the governor

himself, congratulating me for testifying against those two.

OFFICER DOYLE: What are you doing, Najarian?

Bendin' the kids' ears again about what a big man

you were up in Boston?

Don't give me that hound dog look, will ya, Arab?

Don't you know when I'm kidding you?

Now, what are you looking at?

- Nothing, Officer Doyle.

- Daniel, come here. Quick.

Hurry!

Red Doyle's beating up the Snowman.

Look!

- Sarah, don't!

Stay out of it.

- Stop it, Red Doyle!

Leave him alone.

You're a bully, Red Doyle, and I don't like you!

You OK, Snowman?

- Come on, Sarah.

Let's get out of here.

- Come on, Snowman.

Get away from him.

- You creeps!

I warned you to stay away from here!

Next time I catch you, I'm going to kill ya!

- Hey, Red. Here comes your old man.

- All right, clear out of here, you little punks.

Go on with you. Get out of here!

And you, you ninny!

Get on home before I take my stick to you.

SARAH COOPER: What's everybody so gloomy about?

You know what father always says about a bully--

the reason they're so mean is because they're

really afraid of themselves.

- Try telling that to Red Doyle. - Yeah.

Tell that to Red.

DANIEL COOPER (VOICEOVER): It is not always

possible to say exactly when something began, when

there was the first hint of it.

But now, looking back after all these years,

I remember that afternoon in front of Najarian's.

And I wonder how different it all

would have turned out if Sarah hadn't

tried to help the Snowman.

The days were getting longer, and everyone

could feel summer vacation just around the corner.

We couldn't know it then, of course,

but it was to be a summer that none of us would ever forget.

- What do you think?

- Well, I don't know.

- My, my.

Isn't this something?

Now, doesn't this look like a terrific 4th of July?

Of course, it's not as good as the End of the World Special.

- All right, Sarah.

What do you know?

- That you and Charley sent $4.95

to the Spencer Firework Company in Akron, Ohio,

for the End of the World Special.

You know it's against the law now.

Don't worry, I won't tell.

- Well, where do you think it is, anyway?

We sent our dough two months ago.

- I bet the post office has it.

- Well, why don't we go and find out?

- Are you kidding?

They could throw us in jail.

- They don't put kids in jail.

- Maybe not, but I got a feeling there goes our 4th of July.

[children playing]

- Guess what happened today, father?

- Well, everyone was eaten by cannibals except you

and Daniel, who managed to escape.

Come here.

Want to get that for me?

Hello, Iggy.

How you doing, big fella?

Come here.

Did you stay off the grass today?

Would you tell me something?

What happened today that was more important than telling

your only father hello?

- Why do you say that?

My only father?

Isn't that re-- redu-- - Redundant.

Yes, it is.

It's also superfluous.

- Is that one of your lawyer words?

- Afternoon, Herman.

- Afternoon, Herman.

- Sarah.

- Ed.

Miss Cooper.

- Getting ready for your party, huh, Miriam?

MIRIAM GRASSER: Uh huh.

- Doesn't seem possible, does it, Herman?

Miriam's going to be 16 years old.

- Ed, if you're going to let that animal out,

I do wish you would put him on a chain.

- Oh, don't worry about Iggy.

He's a lover.

- Mr. Grasser, would you like to subscribe

to the "Saturday Evening Post"?

If you do, for one year, you get your first issue free.

- No, thank you.

- But it's really a good deal.

You save $0.30 and you don't have to buy it.

It gets delivered every week.

- Mr. Grasser doesn't want it, sweetheart.

- He's a cheapskate, isn't he, father?

[horn honking]

- Here comes your mother.

[horn honking]

MILLIE COOPER: Hi, darling.

Wait till you see what I picked up today.

I don't want to say I hoodwinked the man, but I got my price.

Hi, sweetheart.

Look at these genuine Chippendales.

- Where is a Chippendale?

All I see is some shoes and stuff.

- Oh, darling. Ed, help me, will you?

Oh, Clementine?

Clementine, come and help us with the chairs.

Darling, go get your brother.

I got the most exciting new commission today.

Fairfield, 15 rooms.

- That's nice, dear.

- Oh, careful.

SARAH COOPER: Thank you, Mrs. Green.

- You've very welcome, dear.

- Goodbye.

- Goodbye.

- Next time, you mind your own business, or it'll be worse.

- (SCREAMING) Darn you, Red Doyle!

Snowman, you scared me.

Red Doyle kicked my magazine bag in the sewer.

Now I can't get it out.

What am I going to do, Snowman?

If I don't get them, I have to pay for them.

And that's why I'm selling the "Saturday Evening Post."

I know the End of the World special is never going to come,

and Daniel is going to be awfully disappointed.

He and Charlie Wilson--

that's his friend-- took back just about every soda bottle

in Bridgeport to pay for it.

Ow.

I'm sorry.

It doesn't hurt.

When I get $5, I'm going to take a bus east and buy

them crackers and pinwheels and everything.

Course, it won't be as terrific as this.

But nothing's that terrific.

You want to subscribe?

But that costs $2.

Do you...

Can you write, Snowman?

It's OK to print.

Albert Cavanaugh.

Thank you, Albert Cavanaugh.

His name's Albert Cavanaugh, and he lives on State Street.

- I don't see how you fell off that bike in the first place.

- I just did, that's all.

- Darling, you stay away from that man.

He's not right.

- But he was just being nice, Millie.

- I'm sure he was, sweetheart, but we don't know

very much about him, do we?

- But--

MILLIE COOPER: Sarah, now I've made my point.

I don't want to discuss it anymore.

You stay away from him.

- What your mother's saying is for your own good, angel.

- If Snowman's so strong like you said,

then how come he let Red Doyle do that to him?

- I don't know everything, Daniel.

ED COOPER: If a man is truly strong, Daniel,

he can choose not to fight.

His strength gives him that choice.

Fear starts most fights, not courage.

- That's why.

DANIEL COOPER (VOICEOVER): Another week

of looking in the mailbox and still no "End of the World

Special."

So we finally decided to take a chance

and go to the post office.

SARAH COOPER: They sent it back.

- Sent it back?

- I told ya.

- You know how bottles we lugged back?

- Who makes these laws anyway?

- Maybe they'll send the money back.

- What's the difference?

It'll be too late anyway.

- Maybe we can all chip in.

- Chip in?

- I got $0.04. - Oh great, Marty.

Now alls we need is $4.91.

- Right.

- Come on, let's go.

- You coming, Sarah?

- No, I've got to try and sell some subscriptions.

Bye. - OK.

- Excuse me, Miss.

Would you like to buy the "Saturday Evening Post"?

- I don't have any--

- Sir, would you--

Albert!

Hey, Albert!

Hi, Albert.

You live here?

I know, I haven't sold very many.

But that isn't the worst part.

We just found out that the post office sent back the fireworks.

You want me to go upstairs with you?

Well, OK. But I can't stay long.

[jazz music playing]

It's such a nice room, Albert.

Oh, Albert.

These are you.

Was she your girlfriend?

Sure picked a pretty one, didn't you?

You were a hero, Albert.

Is this the Purple Heart?

You got hurt in the war, didn't you, Albert?

Oh, no, Albert.

I couldn't.

All right, Albert.

I'll take it.

And I'll keep it forever as my most treasured possession.

Thank you.

What you got there, Albert?

Oh, Albert.

It's going to be such a wonderful surprise.

HOWIE MARTIN: Boy, I hate when those guys say--

[interposing voices]

- Hey, what's happening at Najarian's?

- I dunno. Let's go.

- Yeah, let's go. - OK.

[woman crying]

HOWIE MARTIN: I wonder what happened?

- Look!

- What's wrong?

- Hey, look!

- Wait a minute.

- There's no doubt about this one, Sam.

Caught the bum red-handed.

Look, don't bother to ask too many questions.

He can't talk anyway.

All right, get in the car.

Hey, you kids! Get out of the way!

- Mr. Najarian's been killed!

Mr. Najarian's been killed!

Snowman did it!

Snowman killed Mr. Najarian just now at the candy store!

- What?!

- Daniel, what are you talking about?

What happened?

- Boy, you got home from lunch early.

You know it's not like he's a relative.

Not even a friend.

Not really.

- He is my friend.

And he wanted to be yours, too.

- How do you know that?

- He told me. Oh, Daniel.

I know Albert didn't do it.

I just know it.

- OK, suppose he didn't do it.

There's nothing we can do about it anyway.

- Yes, there is.

I'm going to ask father to be his lawyer.

- Why don't you go all the way and get Clarence Darrow?

- Hey, where are you going?

You're going into Bridgeport, aren't you?

Well, I'd better go with you.

- Will you do it, father?

Will you help Albert?

- Sarah, I haven't been in a courtroom in nine years, honey.

What I do now mostly is study contracts and write letters

and make telephone calls.

Be kind of like a baseball player

that hasn't played ball in a whole year

and suddenly he comes to bat in the World

Series against Walter Johnson.

What do you think would happen?

- The Big Train would strike him out.

- Sweetheart, the court will appoint a public defender,

and sometimes they're the best.

- Father, if you don't help they'll

put him in the electric chair.

- All right.

Let's assume you're right.

Does that mean you have to take the case?

Have you thought about what this will do to your practice?

Those people that pay you are not

going to stand around while you defend this Albert Cavanaugh.

Ed, you don't have to drop everything just because Sarah

asked you to.

- Mildred, we have raised our children to be independent.

We have encouraged them to ask questions, to think.

Now, how many times have I told Sarah,

never be afraid to stand up for what you believe in?

Well, right or wrong, Sarah believes that Albert Cavanaugh

is innocent.

She wants to help him.

She can't do that without us.

Well, that leaves only one question, Mildred.

Do we or do we not support our daughter?

- Do you know what I think?

I think this Mr. Cavanaugh is going

to have the best damn lawyer in Bridgeport.

I do.

JOE ANTONELLI: It is the obligation of the jury

to bring in a recommendation, if it so chooses,

of the death penalty.

Now, the defense will undoubtedly

make two claims: one, that the evidence is circumstantial,

and two, that the accused had no motive.

But remember, ladies and gentlemen, the law

states that circumstantial evidence

is sufficient for a conviction if the evidence is

so complete and so compelling as to leave

no room for reasonable doubt.

The state will present such a case.

And furthermore, the state will prove

that the accused, Albert Cavanaugh,

did indeed have a motive.

ED COOPER: Ladies and gentlemen, you didn't choose to be here.

And in a way, neither did I. But we have a choice

to make today that will affect not only this man's

life but your own.

There is one thing, one paramount consideration,

that you must never lose sight of.

Under the law, Albert Cavanaugh sits

in that chair an innocent man.

And it's going to take a whole lot

more than a set of circumstances to change that fact.

It was Disraeli who reminded us that man is not

the creature of circumstance.

Circumstances are the creatures of men.

Keep that in mind as you listen to the prosecution try

and weave its circumstantial web.

Thank you.

OFFICER DOYLE: When I came in, he

was still bent over the body.

- And then?

- Well, I started to say something, like,

what's going on here?

All of a sudden, he jumped up, tried to run past me.

I grabbed him and he put up a hell of a fight.

Now, I know he don't look like much,

but I can tell you he's crazy strong.

Najarian was beat up pretty bad, you know.

But anyway, finally I had to hit him upside the head

with my revolver.

- Go on. - That's about all it was to it.

I called the station, reported a homicide,

and I took that bird to the hoosegow.

JOE ANTONELLI: Before that night, had you ever

seen the defendant in the candy store?

- Sure, plenty of times.

He used to clean up there, nights.

Now, I tried to warn Najarian about him, but--

- You warned him about what?

- About having a weird bird like that hanging around a place

where little kids come and go all the time.

- I object, Your Honor.

I ask that that last reply be stricken from the record as

biased and prejudicial.

- Objection sustained.

The jury will disregard the last answer.

- Thank you, Officer Doyle.

Your witness.

- Your Honor, the defense has no questions

for this witness at this time, but we reserve

the right to recall him later. - Very well.

The witness may step down but is requested

to remain available to the court.

Since it is now past noon, the court

will recess for lunch and reconvene at 2 o'clock.

- Tell me something, will you, Cooper?

When does a screwball like that Cavanaugh

get to scratch the hide of the likes of you?

I thought you was supposed to be one of them, you know,

fancy lawyers.

- (IRISH ACCENT) Michael, me boy,

when I want to be talking with ya,

it'll be on the witness stand.

- Oh, sure, sure, counselor.

Anything you say.

Just trying to be neighborly.

- Hello, father.

- Well, it would be my guess that school is out.

- Sure is, for three whole months.

- Are you winning, Mr. Cooper?

- Well, so far, Davey, all I've been doing is listening a lot.

We haven't had our turn yet.

- How's Albert?

- Oh, he's fine, sweetheart.

Just fine.

- It's all right if we go in and watch, isn't it?

- Well, I guess so.

It doesn't seem much of a way to start

your first day of vacation.

These things can be pretty tedious, you know.

- The State calls Mrs. Robert Najarian to the stand.

- Do you solemnly swear that all you shall tell this court

will be the whole truth and nothing but the truth,

so help you God? - I do.

- Please be seated.

- Mrs. Najarian, I know how difficult this is for you.

The State appreciates your cooperation

and I'll try to make this as brief as possible.

Now, between 1924 and 1929, you and your husband

lived and worked in and around the Boston area.

Is that correct?

- Yes.

- Do the names Sacco and Vanzetti mean anything to you?

- Yes.

My husband worked with Sacco in the shoe factory

in Braintree, Massachusetts.

- Do you recognize these?

- Yes.

They are-- they were my husband's.

- Mrs. Najarian, is it not true that your husband

was a witness in the State's proceedings

against the anarchists Sacco and Vanzetti?

MRS. NAJARIAN: Yes.

- And these are not also a fact that his testimony played

an important role in their conviction

and subsequent execution?

- Yes, it did.

- Mrs. Najarian, why did you and your husband leave Boston?

MRS. NAJARIAN: Robert, my husband,

he felt it was his duty as an American citizen to testify.

But people, some people, they hated him for what he had done.

We were threatened.

At night, the phone would ring, and there

would be evil threats.

Our friends and neighbors, everybody,

they stop speaking to us for fear

it would happen to them, too.

- Did you know that Albert Cavanaugh's also from Boston?

- No, I didn't know this.

- Mrs. Najarian, isn't it a fact that your house in Boston

was bombed?

MRS. NAJARIAN: Yes.

It was on a Sunday, after church.

Thank God we were not home.

- And did you know or did you believe that you

knew who was responsible?

- Yes, we knew.

They were Bolsheviks.

All Bolsheviks.

- Do they have another name beside Bolsheviks?

- They call themselves the People's Society of Arkos.

- Arkos, the Greek word for anarchists.

So the people who hounded you and your husband from your home

were avowed anarchists, followers

of Sacco and Vanzetti.

MRS. NAJARIAN: Yes, it was them.

- Your honor, the State would like

to place in evidence at this time

the membership roster of the People's Society of Arkos,

dated May, 1927.

A copy is available to the defense for verification.

Now, Mrs. Najarian, to the best of your knowledge,

were all the members of this society avowed anarchists?

MRS. NAJARIAN: Yes, they were.

- Would you read from the membership roster

of the People's Society of Arkos the name following number 138?

- Albert Cavanaugh.

DANIEL COOPER (VOICEOVER): Suddenly, the case

had become big news and Bridgeport was on the map.

And those of us who were too young to even remember

Sacco and Vanzetti were now reading about them every day

in the papers.

Albert Cavanaugh was branded an anarchist,

and a motive for murder had been established.

[crowd shouting]

And so, Monday morning arrived, the day father

was to begin his defense, and it seemed

as though all of Bridgeport was turning out to watch the show.

Reporters poured down from Boston and up from New York,

and the town welcomed them with open arms.

Sacco and Vanzetti and the poor Snowman, a sideshow attraction

that old P.T. Barnum himself would have paid money to see.

We arrived early, and lucky we did.

It was standing room only.

- Oyez, oyez, oyez.

The Honorable Superior Court within and for the county

of Fairfield is now open and in session in this place.

All persons summoned to appear or who have business herein

shall give their attendance according to the law.

The Honorable Judge Henry J. Wheeler presiding.

The court will please rise.

- The court may be seated.

Well, is the defense prepared to call its first witness?

- Yes, we are, your Honor.

The defense calls as its first witness, Dr. Alexander Moss.

- Please state your name, address, and occupation.

- Dr. Alexander Cornelius Moss, New Haven, Connecticut.

I am chief of psychiatric services at Yale University.

- Place your left hand on the Bible.

Raise your right hand.

DANIEL COOPER (VOICEOVER): Dr. Moss

had heard of Albert's trial on the radio and called father.

He came to Bridgeport by train the following day.

ED COOPER: Can you tell us when you first met Albert Cavanaugh?

- Yes.

My first contact with him was at an hopital, a field hospital

outside of Paris.

- Albert Cavanaugh was injured while performing his duty

as a soldier in the United States Army

during a state of war.

Is that correct?

- Yes.

And he was highly decorated for his heroism.

- Dr. Moss, would you explain--

in lay terms, if possible-- the nature and the extent

of Albert's injuries?

- He has suffered severe cortex depression,

and subsequently, motor trauma.

That is, certain motor responsive regions of the brain

have been damaged, incapacitating speech function.

- Dr. Moss, in your expert opinion,

would there be any reason to expect

a person with Albert's injuries to be more hostile than normal?

- No, in fact, quite the opposite.

The dominating characteristic of Albert's personality

is one of passivity, almost passive resignation.

- Is that dangerous?

- Only to Albert.

- I don't understand.

- He-- he might have become too gentle for this world.

- Dr. Moss, there has been some speculation

about the defendant's reason for coming to Bridgeport.

Do you know why Albert moved to this city?

DR. MOSS: Because I asked him to.

When I took my residence at Yale,

I told Albert that if he could move somewhere close by,

I would continue to treat him.

I helped arrange his part-time employment

at the Remington Arms company.

ED COOPER: One more question, Dr. Moss.

Do you feel at any time subsequent to his injuries

Albert Cavanaugh was capable of comprehending and embracing

a complex political philosophy such as anarchism?

- Sir, Albert Cavanaugh doesn't even

know the name of the President of the United States.

[crowd groaning]

- Thank you, Doctor.

Your witness.

JOE ANTONELLI: Dr. Moss, it is possible

that the defendant could behave in a manner that

would surprise you.

- Yes, within limits.

- Then it is possible, isn't it, Doctor,

that seeing these papers over and over again,

without understanding anarchism as a political philosophy

but only seeing Sacco and Vanzetti as heroes,

it is possible that the defendant, seeing these papers

showing the deceased as a heroic figure for his role in putting

Sacco and Vanzetti in the electric chair, that could have

triggered something inside this man's mind, something

unknown even to you.

Something from out of his past that

could have driven this defendant into a murderous rage--

- I object, Your Honor!

JOE ANTONELLI: Even while not knowing

the name of the president of the United States!

[interposing voices] [shouting]

- I'm sorry, that calls for impossible conclusions.

- Gentlemen, please.

- I withdraw the question.

I apologize to the Court for my excessive exuberance.

The State has no further questions of this witness.

- I disagree, your Honor.

It would be a simple matter to take

a sworn testimony as an affidavit

and have it entered in the record.

- Your Honor, there's ample precedent.

And further, it's my client's right.

- I still say it's a sideshow stunt.

- I will allow it.

But let's not drag this thing out till Christmas.

- And what about the other, Your Honor?

- What?

Remove the cameras?

Not on your life.

This is a public trial.

- The defense calls Albert Cavanaugh.

[crowd groaning]

- Please place your left hand on the Bible

and raise your right hand.

Do you solemnly swear that the evidence you are about to give

is the truth, the whole truth, and nothing but the truth,

so help you God?

DANIEL COOPER (VOICEOVER): The testimony was slow,

Albert writing his answers and the clerk reading them

to the court.

The first thing father did was to bring out

that Albert did not know Sacco and Vanzetti

and had only joined the People Society of Arkos

because the foreman of the shoe factory

where he worked had told him to.

Then father got Albert to talk about his life before the war.

And we were all surprised to learn

that he had been an engineering student in college

and was as normal as you and me.

And then father got around to the night of the murder.

- I came in and found Mr. Najarian on the floor.

I bent over to help him.

Then the policeman came in.

- When you saw the policeman, did you try to run?

What did you do?

[pencil scratching]

- I went to him for help, but he hit me with his gun.

[crowd murmuring]

- Albert, I just have one further question.

Did you kill Robert Najarian?

COURTROOM CLERK: No.

He was my friend.

- Thank you, Albert. Your witness.

- The State has no questions at this time, Your Honor.

- The witness may step down.

- The defense recalls Mike Doyle to the stand.

- The witness is reminded that he is still under oath.

- Officer Doyle, you've heard the testimony of the accused,

have you not?

OFFICER DOYLE: Yeah, I heard him.

- And you still want to stick by your testimony?

- You're damn right, I do.

- Officer Doyle, I hold in my hand your service record.

I see in the 16 years that you've

been on the force you've received five commendations.

- Yeah, well, what's ever there.

I don't keep count.

ED COOPER: Do you keep count of your reprimands?

- Objection. - (ANGRILY) 14 of them!

Excessive use of force--

JOE ANTONELLI: Objection, your Honor.

- Assault, battery, and drunkenness

resulting in a suspension.

- Gentlemen, gentlemen, you're out of order.

JOE ANTONELLI: Your Honor, this is inexcusable.

Officer Doyle's previous record, either good or bad,

has no bearing on this case.

- Your Honor, it is essential to the defense

that I explore this witness' veracity.

- I appreciate your position, counselor,

but you must confine your questions

to the events of that night.

Objection sustained.

The jury will disregard the previous question,

and the stenographer will strike the previous question

from the record.

Proceed.

- Isn't it possible...

Isn't it possible that someone else entered that candy store,

killed Robert Najarian, and left before the defendant arrived?

OFFICER DOYLE: Not a chance.

It was just like I said.

I saw Najarian closing up his place when I drove by.

Hadn't gotten but just around the corner

when I remembered I was out of tobacco so I drove back.

Hell, not even some nigger like Jesse Owens

could have gotten in and out in the time it took.

ED COOPER: Pardon me?

What did you call him?

- A nigger.

Oh.

Negro.

- How would you describe the defendant?

OFFICER DOYLE: Same as everybody else does, I guess.

He's crazy.

A weird bird.

- I think I understand now.

A man who has won four gold medals for his country

in the Olympic games is a "nigger."

And a man who is decorated for valor, grievously injured,

is a "crazy," "a weird bird."

What kind of animal are you?

- Objection.

- Say, you better watch your mouth, Cooper.

JOE ANTONELLI: Objection.

Your Honor, I object!

- You sit down, Officer Doyle, and control yourself.

- Dammit!

I sat here and watched that dummy call me a liar.

But I ain't holding still for some Yid

lawyer calling me no animal!

JUDGE WHEELER: If the witness doesn't sit down and shut up,

he'll be held in contempt.

- Your Honor, counsel is deliberately

provoking the witness.

- Sit down, Doyle!

- I have no further questions for Officer Doyle.

- Officer Doyle, you will step down.

[children playing]

- Good catch.

- Who do you think you are? Gehrig?

- Well, you're going to think I'm Luther when you

see how far I blast this one.

- Yeah, sure.

- Come on, Howie.

Right in the old glove.

[children mocking]

- Come on, Howie!

- What a hit!

What a hit!

You're over the clubhouse.

[punch landing]

- That's for laughin' at my old man.

[grunting]

- Dan, what's wrong?

Dan!

- Anyone else laughs at my old man gets the same thing.

- Hey, you guys, what's goin' on?

Where's the ball?

What happened to you?

I don't believe it.

He took my new Spalding.

[drink pouring]

- The hell with that kid.

[coughing]

- Yeah, I wasn't the only one, huh?

Crummy Armenian.

That so?

Look at all those names on that list.

There's enough big shots in these ledgers

to keep me in gravy for a long, long time.

What are you doing there?

Spying, eh?

RED DOYLE: Huh?

- Spying.

That's what you was doing.

Spying!

Spying, huh?!

- No, Pa!

No, I wasn't. Look!

I brought you whiskey.

- Gimme it.

You're rotten.

Rotten, just like your mother was.

Rotten!

[punching]

RED DOYLE: You're wrong, Pa!

You've always been wrong about me and ma and everything.

OFFICER DOYLE: Wrong, am I?

Wrong, eh?

[gun cocks]

- Take a look at that, boy.

Look at it!

It's the last thing you're ever gonna see on this Earth.

Now, run.

I said run out on me, just like your mother did!

To hell with you!

To hell with all of you!

To hell with all of 'em.

- There has to be something here we overlooked.

There has to be.

That Moss hurt us, Joe.

I mean, he really hurt us.

And Doyle--

[phone ringing]

- Antonelli.

You what?

OK.

We'll be there in five minutes.

Let's go.

I think we may have what we've been looking for.

DANIEL COOPER (VOICEOVER): Everyone

expected that this would be the last day of the trial.

Everyone, that is, except Joseph Antonelli.

We didn't know it then, but he was

about to spring a very big surprise.

COURT CLERK: --Superior Court within and for the county

of Fairfield is now open and in session in this place.

All persons summoned to appear or who have business herein

shall give their attendance according to the law.

The Honorable Judge Henry J. Wheeler presiding.

The court will please rise.

- Please be seated.

Well, gentlemen, are you prepared to make your closing

remarks?

JOE ANTONELLI: If it pleased the court,

only recently the State has discovered new and important

evidence which, with your indulgence,

we would like to enter at this time.

- Very well, if the defense has no objection.

- Your Honor, if the State has new evidence,

why wasn't I apprised?

- Your Honor, we only discovered the evidence late last night,

and it was only in the past few hours

that we obtained a court warrant authorizing its removal.

My apologies to the defense.

- It seems that we're destined to learn together, counselor.

- Sergeant Fitzgerald, will you tell the court

where these items were found?

- 802 State Street, the Continental Hotel, room 301.

- Let it be noted that that is the address of the accused,

Albert Cavanaugh.

- Albert, do you know what that is?

JOE ANTONELLI: Sergeant Fitzgerald,

you are a bomb expert, are you not?

- Yes, sir.

I am in charge of the bomb and demolition unit.

Can you describe to the court the items

found in the defendant's room?

- 3 pounds of high grade gunpowder, fuses,

detonating caps, and six bomb-sized containers.

[crowd mumbling]

JOE ANTONELLI: This the gunpowder?

- Yes, sir.

- Sergeant Fitzgerald, with these materials,

could you make a bomb?

- Yes, sir.

Several.

Enough to take this building right off its foundation.

- Your Honor.

Your Honor, the defense requests a recess

to confer with its client.

- Your Honor, the defense may recess until hell freezes over.

- Court will recess until after lunch.

- What, Sarah?

What do you know?

- I know what the gunpowder is for.

- You what?

- I said, I know what the gunpowder is for.

- But Sarah, how can you possibly

be sure that gunpowder was for what Albert said?

SARAH COOPER: Because he told me.

- Well, if they won't believe Albert,

then why don't we let Sarah tell them?

Heck, everybody believes Sarah.

She's like George Washington.

ED COOPER: I wish it were that simple.

You have to und--

all of us have to understand something.

Once Sarah was on that witness stand,

she is all alone up there.

If anything happened, I wouldn't be able to help her.

And with a man like Antonelli, I'm

not sure I want to take that chance.

- Ed, do you think the jury would believe Sarah?

Well, then if Sarah and Sarah alone

can save that man from a wrongful conviction,

do we really have any choice?

JUDGE WHEELER: The court may be seated.

- The defense calls Miss Sarah Cooper to the stand.

- Now, you understand, don't you,

Sarah, that you're about to be sworn in under oath?

And you know what that means?

- Please state your name and address.

- Sarah Cooper.

285 Laurel Avenue Bridgeport, Connecticut.

- Place your left hand on the Bible.

Do you solemnly swear that the evidence you are about to give

is the truth, the whole truth, and nothing but the truth,

so help you God? - I do.

- Please sit down.

- Now, Sarah, is this the edition of the "Saturday

Evening Post" you were selling?

- Uh huh.

- Your Honor, if it pleased the Court,

I'd like to pass this among the jury.

- If there's no objection.

- We're only interested in the cover.

Now, Sarah, go ahead.

Continue.

What happened next?

- Well, I showed Albert the cover,

and I could tell he thought it was really neat, too.

And I told my brother, Daniel, and little Charlie Wilson--

that's his friend.

I told him how they sent away for the End of the World

special.

That's some really terrific fireworks.

But I knew they weren't going to get it because it was

against the law and everything.

And I told Albert that's why I was selling "The Post,"

to get some money and go to Easton where you can still

get them and buy some fireworks so Daniel and Charlie wouldn't

be too disappointed.

Course, I was planning to shoot some, too.

[laughing]

Well, Albert subscribed for a year to "The Post"

and that's when I found out his name.

- And-- thank you.

And what happened then?

SARAH COOPER: He got on his bicycle and went home.

- Well, did you see Albert again?

- Uh huh.

It was about a week later.

It was on a Saturday on State Street.

I was selling magazines, only no one was buying.

And Albert saw me.

- Did he talk to you?

SARAH COOPER: Well, he carries a notepad,

you know, in his pocket.

And he prints everything.

- What did he say?

- He told me he was making a surprise for Daniel

and Charlie and everybody.

- And what kind of surprise?

- Fireworks.

He was making fireworks.

That's why I had that gunpowder and everything.

He knows how to make rockets that explode in four colors,

and even in designs.

He learned all about it in the Army.

- Sarah, why would Albert want to make fireworks?

- Well, he never said, not in so many words.

But most of the kids laugh at him all the time and make

jokes because he's different.

And he doesn't have any friends.

That is, not counting me.

And so I think he was making the fireworks because he

knew it would make us happy.

Then maybe everyone would like him,

and he wouldn't be lonely anymore.

- Your witness.

- State has no questions at this time, Your Honor.

- Can't say I blame you.

All right, my dear.

DANIEL COOPER (VOICEOVER): I think

that after that day in court, Sarah

could have been elected mayor of Bridgeport.

But father reminded us that it was too

early to count our chickens.

And of course, he was right.

[doorbell ringing]

OFFICER DOYLE: Yeah, what the hell do you want?

HERMAN GRASSER: Officer Doyle, I'd like to talk to you.

May I come in?

C'mon in, Grasser.

OFFICER DOYLE: Antonelli, can't you

see what I'm giving you here?

You can't miss!

It's surefire!

Listen to me for once, will you?

I don't get you, Antonelli.

I gave you your case back when he was going to lose.

It lay it right in your lap and you tell me

you're going to think it over?

What the hell's the matter with you, anyway?!

- Look, I had about all I'm going to take from you.

Anybody blew this case, you blew it

with your lousy temper and your rotten mouth.

You told me. I'll think about it.

That's it. Period.

- Now, look, Antonelli.

- And stay the hell away from the courtroom today.

You stink like a brewery.

- Smart mouth daego.

REPORTER: Mr. Antonelli, is it true

the State's going to move for a dismissal?

- Where'd you hear that? - It's a rumor.

- Well, can you guess what you can do with your rumor,

or you want me to tell you? Excuse me.

- Well, gentlemen, are you prepared to make your closing

statements?

- The defense is ready, your Honor.

- And you, sir?

- If it please the Court, the State

will call Sarah Cooper to the stand.

- Ed, no.

- There's no choice.

- It's all right, darling.

Everything will be all right.

- Antonelli's a jerk for wanting to tangle with Sarah.

- Yeah, I wouldn't mess with her.

JUDGE WHEELER: Sarah, my dear, you understand

that you are still under oath?

- Yes, sir.

- Sit down.

- Sarah, you know the difference between love and like?

- Sure.

- Could you give us an example?

- Well, I like peppermint, but I love chocolate.

[laughter]

- Could you give us a people example?

- I love lots of people.

- Your Honor, the defense objects

to this line of questioning as ambiguous

and calling for speculation.

- Yes, I think the distinction made between peppermint

and chocolate excellent.

Wish I had thought of that myself.

- Your Honor, I appreciate the special qualities

of this witness.

But nine or 90, she's a character witness

for the accused.

I'm trying to pursue this as tactfully as possible,

but the State is entitled to determine if the witness is

biased or prejudiced.

- Very well.

Objection overruled.

But please get to the point.

- Sarah, not counting yesterday in this courtroom,

have you ever seen these explosives before?

Do you want me to repeat the question?

- Yes.

JOE ANTONELLI: All right.

Not counting yesterday--

- No, no-- I mean, yes.

JOE ANTONELLI: You mean, yes, you've seen them before?

Where did you see them?

- Albert showed them to me.

- Where were you when he showed them to you?

- I was-- they--

they were in Albert's room.

- In his room?

You were in his hotel room?

- He wanted to show me.

He wanted me to see the stuff for the fireworks.

- In his room?

He took you to his room?

- Your Honor, that question has been asked and answered.

- Sustained.

Proceed.

- How often have you been to his room, Sarah?

- Your Honor, that question is insinuating and inflammatory.

The prosecutor is trying to mislead the jury, Your Honor.

JOE ANTONELLI: Your Honor, I am trying

to establish the nature of their relationship.

- (ANGRILY) Relationship?!

What do you mean, relationship?

JUDGE WHEELER: Counselor, you will take your seat

or be held in contempt.

You, sir, are advised that you're

treading on very thin ice.

- You Honor, I am aware that this is a delicate area.

However, it is essential that we be

allowed to establish that this witness' previous testimony was

indeed biased and prejudicial, that she

was, in fact, deliberately trying to protect the accused.

- Very well, if that is your intent.

But please get to it.

- Sarah, how many times were you in Albert's room?

SARAH COOPER: Once.

Just that once.

To see-- [crying]

- What else did you do in his room, Sarah?

- Your Honor, you can't allow this.

- What else did you do in his room?

[crying] JOE ANTONELLI: What else?

- Your Honor, in the name of God and of decency,

you must stop this!

JUDGE WHEELER: The prosecutor will

stop harassing the witness!

JOE ANTONELLI: What did he do to you, Sarah?

What did he do?

- (SCREAMING) Nothing, nothing, nothing!

[shouting]

- Albert, don't!

JOE ANTONELLI: Restrain the defendant.

JUDGE WHEELER: Order from the courtroom.

Order in the Court, order.

- It's all right, Sarah.

Mr. Cooper, you may take her from the stand.

DANIEL COOPER (VOICEOVER): And so the trial ended,

and it seemed not even father's stirring summation would

be able to erase the memory of Albert's one

uncontrolled moment.

There was a feeling in the air, something sad and inexorable

that you could sense in the same way

that an animal can smell fear.

It was in the hands of the jury now

and there was nothing more that anyone could do.

Nothing except wait.

MILLIE COOPER: Corned beef sandwiches,

potato salad pickles, and of course, chicken noodle soup.

- What did you do, Millie, buy out all of Katz's?

- Well, we have to do something to keep up your strength.

You haven't eaten all day.

This is the worst part, isn't it?

The waiting.

- Yeah, I guess so.

But I'll tell you something, Millie.

The longer that jury's out, the better I like it.

- Come on, Ed.

Eat something.

Come on.

[phone ringing]

- Law offices.

Yes, I'll tell him.

Thank you.

Bye.

The jury's in.

Court reconvenes in the morning at 10 o'clock.

[crowd clamoring]

- Oyez, oyez oyez.

The Honorable Superior Court within and for the county

of Fairfield is now open and in session in this place,

the Honorable Judge Henry J. Wheeler presiding.

The court will please rise.

- Please be seated.

Has the jury reached a verdict?

- Yes, we have, Your Honor.

- Clerk will deliver the verdict to the bench.

The defendant will please rise.

Albert Cavanaugh, this court does

find you guilty of murder in the first degree.

- Albert, now you listen to me.

Listen to me.

We haven't lost!

We haven't lost. Do you understand, Albert?

Look at me.

This is the first round, Albert.

We haven't lost.

OFFICER DOYLE: Put her there, Joe.

I knew you could do it.

[crying]

ED COOPER: Mrs. Najarian, if you believed Albert was innocent,

why didn't you come to me sooner?

MRS. NAJARIAN: I was afraid.

I didn't think they would find him guilty.

But now I know I must speak.

Robert, my husband, he was a bookmaker.

He took bets.

He was not a bad man, Mr. Cooper.

But when times are hard, people don't buy candy.

And in order to do this, this bookmaking,

he had to pay people.

Officer Doyle.

ED COOPER: Mrs. Najarian, did your husband keep records?

Is there any evidence?

- Yes.

He had two big--

how you call it?

- Books?

- Ledgers.

- Ledgers.

- All in canvas.

- Where are those ledgers now, Mrs. Najarian?

- Someone took them.

- You think it was Doyle, don't you?

If we can only find those ledgers.

[thundering]

- Sarah!

Geez.

You scared me.

- Daniel, what are you doing?

- You're supposed to be in bed.

Close that door.

- Daniel, I know where you're going and you'd better not.

You know what he'll do if he catches you.

- Yeah, well, he's not gonna.

You know he's always out at Casey's getting drunk.

- What about Red?

- Didn't you hear?

Red ran away.

- No, are you sure? - Sure, I'm sure.

I heard his old man beat him up real bad.

SARAH COOPER: How do you know the books are even there?

Maybe he threw them in Rooster Creek or something.

- Yeah, well, maybe he didn't.

- Daniel, aren't you scared?

- Nah, I'm not scared.

Besides, Charlie and the guys will come with me.

Now, you better get back to bed before Millie

starts looking for you, or you're

gonna ruin the whole thing.

- Sure showed 'em, Mike, I'll tell you.

- Yeah. Listen, Casey, listen.

Nobody gives a damn that he killed that Armenian, you know.

Think about it.

That bum was a child molester.

- Yeah, I know. [interposing voices]

[phone ringing]

You know that?

- Casey's.

Yeah, he's here.

Big Mike?

Big Mike, for you.

- Hello?

Hello?

What are you pullin', will you, Casey?

There's nobody on that line. - It was somebody.

- Double on the house.

- Let's go.

[children complaining]

- My shoes are cold. - I'm the coldest.

- Check that window there.

- Shut the window! DAVE ZIMMER: Baby.

It's locked.

You can't do anything.

- Don't stand there.

DANIEL COOPER: Come on, I found one.

HOWIE MARTIN: Boy, I don't like the way it looks in there.

- You know, we can still go home, you guys.

- Well, we'd better do something because I don't want to be here

when old man Doyle gets home.

- Yeah. Yeah.

Come on, I'll go first. SARAH COOPER: I'm coming, too.

- Dammit, Sarah!

You almost gave me a heart attack.

- If you're going, I'm coming, too, and you can't stop me.

- OK, but you better stick right next to me

and do what I tell you.

[car engine starting]

HOWIE MARTIN: Maybe he doesn't even have it after all,

you guys.

- Yeah, maybe he doesn't.

What's it matter, Howie?

We haven't even looked in the good places.

- Why don't you stop being such a wise guy, Marty?

- Shut up.

- Why don't you be quiet and cut it out, or you're

going to get us all caught. - He's going to get us caught!

- Come on, you guys.

Let's look upstairs.

- Yeah.

[children arguing]

- Shut up, yourself.

If Big Mike Doyle catches us...

- I don't know if this is such a good idea.

[car engine running]

HOWIE MARTIN: Come on, let's go.

- Shh.

Let's go back downstairs.

[crashing]

- What are you doing here, you damn kids?

- Daniel.

- I'm gonna kill ya.

You hear that?

I'm going to kill ya.

[screaming]

HOWIE MARTIN: Close the door, lock it.

DANIEL COOPER: The window! Try the window!

- I tried the window.

- You can't hide.

You hear me?

You can't hide.

- Stop it, Pa!

Stop it.

- So, you come back, did you?

- I know who killed Najarian.

- Oh, do you, now?

[laughing]

- He's talking to someone.

- Can you hear what he's saying?

- No.

- No, Pa.

I won't let you.

- He's fighting with someone.

- Who is it?

Can you see who it is?

- No.

I can't tell.

[gunshot] [shouting]

- What's going on?

DAVE ZIMMER: I can't see anything.

Uh oh.

Someone's going up the stairs.

- I should have never listened to you, Daniel.

- It's Red.

- Red?

- Red.

DAVE ZIMMER: It's the ledgers.

ED COOPER: Mildred, Daniel, let's go home.

- Good night, Sarah.

See you tomorrow, Dan.

DANIEL COOPER (VOICEOVER): The ledgers

that answered once and for all the question of who

killed Mr. Najarian.

But we were never to see Red again.

Where he went and what became of him

was to remain a mystery for a very long time.

And so at last it was over, and I don't remember our family

ever being closer than we were as we all walked home together

that night.

[dance music playing]

- I see 'em!

Hey, look, here they come!

[cheering]

- Hey, it's the 4th of July!

[fireworks exploding]