Perry Mason (1957–1966): Season 2, Episode 24 - The Case of the Calendar Girl - full transcript
Contractor George Andrews is having trouble with building inspectors on his construction site who tell him to ask Wilfred Borden for his help. Borden styles himself as being in public relations but is in fact a political fixer who won't hesitate to bribe officials who are giving clients a hard time. He is also an amateur photographer who works with models. They agree to a deal but as Andrews leave Borden's home, he's nearly run off the road by another car. He rushes to help and finds an attractive young woman lying on the grass. He gives her a ride home and then goes to Perry Mason's office for legal advice. Concerned that someone else might have been in the car, they head to Borden's house to try to find her but are locked out by dogs. Perry quickly determines the woman Andrews picked up was not who she said she was and the next day they learn that Borden is dead. Andrews is charged with murder when the police find the murder weapon in his car and Perry defends him.
Would you, uh, excuse
me a moment, Mr. Andrews?
I'm washing some prints.
I wanna take them out.
Okay.
Are you interested
in photography?
Not very.
It's a hobby of mine.
That's very
interesting, Mr. Borden,
but it isn't what I
came to see you about.
Of course.
You knew that I had the contract
for the new school
out on 94th Street.
Yes, I'd heard.
What's the matter?
Your bid too cheap?
No, my bid was all right.
Labor troubles?
No.
Don't tell me you're
having inspector troubles.
Aren't you building
to specifications?
Yes, I'm following specs.
But the inspectors
are using microscopes.
Riding me, delaying
me, hamstringing me.
I'm going broke.
Yes, those inspectors
can be rather pesky.
Well, now, what brings
you to me, Mr. Andrews?
Well, when I
complained to one of 'em,
he said, why don't I get smart?
Go see Wilfred Borden.
Yes, it's true.
I do specialize in public
relations, technically.
But I don't use bribery.
And I do need
political influence,
and that costs me
money, Mr. Andrews.
Dollar diplomacy.
How much?
Five thousand to start with.
We'll make other
arrangements as we go along.
And I'll have the cash
for you in the morning.
Oh, Mr. Andrews.
It's too bad we couldn't have
come to an understanding
before you started construction.
However, you don't have to
worry about the inspectors anymore.
Listen, don't be mistaken
about me, Borden.
If my troubles with
the inspectors are over,
my troubles with my
self-respect are just beginning.
Now, our association
will last only as long
as I can't figure a
way to get rid of you.
Anybody hurt?
You all right, miss?
Help!
Help!
Help!
Are you hurt?
W-who are you?
I was driving the other car.
Oh.
Listen, can you stand up?
I better get you to a doctor.
Oh, no. No...
No, I'll be all right.
If you could just
drive me home...
Oh, could I borrow
this for a minute?
Sure.
Oh, thank you.
Listen, are you sure you
don't wanna see a doctor?
I-if I need one,
there's one that lives right
in my apartment building.
Uh, you will drive me home?
Of course.
Oh, uh, my name
is Beatrice Cornell.
George Andrews. Uh...
Oh, Mr. Andrews.
Well, it was all my fault.
I saw something in the
road, a dog or cat or...
Anyway, I swerved
to avoid it, and...
But I-I'm covered.
Now, they'll take
care of everything.
Did you get my...?
My license number?
Yes, I have it.
Y-you know, I guess I
am a little bit shook up.
Do you know where the Dorman
Apartments are, on Rossmore?
Well, I'll find them.
Fine.
You've been very nice.
You know, you haven't
complained once
about my running into you
or what a bad driver I am.
Perhaps we could
see each other again.
I hope so.
Well, you know how to
reach me, Mr. Andrews.
Good night.
Night.
Hello, would you rush a cab
to the Dorman Apartments
on Rossmore, please?
I'll be waiting outside.
Is Frank still in the bedroom?
He's still sleeping
it off, Loretta.
He really tied one on.
Boy, it sure took
you a long time
to get those cigarettes.
Here.
Frank?
Hm?
Oh, Frank. Yeah, what?
Wake up, come on. Get up. Frank.
Wake up. Come on.
Sorry, Lorie, I guess
I had one too many.
Oh, Frank, you have a
job to do for Mr. Borden.
You're supposed to pick
up one of his dogs at the vet's
and take it back to him at 9:30.
Hey, that's right.
What time is it?
It's a quarter of 10.
Boy, he's really gonna be sore.
Come on, you better get started.
Come on.
Yeah, see you later, baby.
Oh, good evening,
Mr. Mason. George.
Will you come this way?
Mr. Mason, I thought
I recognized you.
I need legal advice, Mr. Mason,
and my own
attorney's out of town.
My name's George Andrews,
and I realize this is a
terrible time to approach you...
I'm sorry, Mr. Andrews.
You see, I...
All right, sit down.
Let's hear about it.
Thank you.
Something, uh...
Something very strange
happened just a little while ago.
Uh, I'm a contractor executing
bids on a school building.
She said her name
was Beatrice Cornell.
I didn't ask to see
her driver's license.
I don't know why.
Did you get the number
of her license plates?
Yes, it was, uh, CVX-266.
Go on, Mr. Andrews.
Well, in the moonlight I
could see her feet and legs
and she was wearing
open-toed shoes,
I could swear it.
I suppose she was.
Well, when I got
back with the flashlight,
she had changed them.
That sounds idiotic, doesn't it?
Are you positive?
No. But I think so.
Did you report the accident?
No.
Why not?
Well, I'm involved in
rather a delicate situation
with Wilfred Borden.
Wilfred Borden?
He's kind of a political
Mr. Fix-It, isn't he?
That's where I was tonight.
If my construction troubles
were to stop suddenly
and I was linked to
a visit with Borden,
it would really hurt.
All right. I'll see if
I can get in touch
with this Beatrice Cornell,
and arrange to have
a doctor call on her.
Uh, she said she
wouldn't need one.
Hm. I'm your attorney.
Let her say that to me.
Della, see if you can
reach her by phone.
Mm-hm.
Beatrice Cornell speaking.
Who?
My name is Mason.
I'm an attorney representing
George Andrews.
He owns the car you ran
into this evening, Miss Cornell.
The car I ran into?
What are you talking
about, Mr. Mason?
Didn't you have an
accident this evening?
That'd be the trick of the
week. I don't own a car.
I'm very sorry to disturb you.
Thank you.
Good night.
Mr. Andrews, when you
first saw this young woman,
you said she had
a very faint pulse.
That's right.
I think we'd better get
out to the Borden estate.
Now?
We're dealing with two
women, Mr. Andrews.
One calling herself
Beatrice Cornell,
the other injured,
possibly badly,
and possibly still
wandering around helplessly
in the vicinity of the accident.
Let's go.
John Milton Carson.
A friend of yours, Andrews?
No, she led me to
believe it was her car.
Also that her name
was Beatrice Cornell.
This place gives
me the willies, Perry.
It's almost 11:00.
There's nobody here.
Let's go, hm?
What was that?
Sounds like an alarm.
Let's get outta here.
Oh!
There's a phone
there. I'll try the house.
Hello?
Hello?!
Hello, there's been an accident.
Might be a young
woman seriously injured
and wandering around
helplessly on the grounds.
And with your dogs
running loose, why...
Wait a moment.
Hello?
Della, take the line, will you?
The woman said she'd find out
whether Mr. Borden
could be disturbed.
Hello?
Uh, Mr. Borden,
this is an emergency.
Your dogs are loose, and...
I know, but there may be a dazed
young woman inside the gates.
Hello, Mr. Borden?
Look, the responsibility
is now yours.
We can't get inside the gates.
All right. See that you do.
He said he'd round up the dogs.
Morning, Paul. Morning, Perry.
Morning, Della. Morning.
Sleep well?
No. I was worried about a
young woman who might be hurt
and who might be
wandering around the estate...
And who might've met up
with some Doberman pinschers.
Right.
There was nothing in
the paper though, Perry.
Well, maybe no
news is good news.
Paul, I'd, uh, like
you to do a job for me.
I'm looking for a young woman.
Okay.
Light hair, about 27 or 28,
brown eyes, about 5-foot-4,
nice legs.
Her name?
I don't know.
Address?
I don't know that either.
But I do have a lead for you.
Last night around 9:00, she
was involved in an accident
with our client, George Andrews.
Happened right outside the
Borden estate in Vista Mesa.
Wait a minute.
I just heard it on the
car radio this morning
that, uh, Wilfred Borden
was murdered last night.
Where? What time last night?
It was only a flash.
It just came over the wire,
but I can more details
around headquarters.
This woman is much
more important now.
She may have been
driving a stolen car,
and she gave our client
the name of Beatrice Cornell.
He dropped her off at the
Dorman Apartments on Rossmore.
About what time
would that have been?
I figure about a quarter of 10.
She might've called a cab
the minute your client left.
I'll check it out.
Uh, if I draw a blank,
do you want me to follow
up this Beatrice Cornell angle
at the Dorman Apartments?
No, I'll be working on that one.
Della, get hold of
George Andrews.
Have him wait here in
the office till I get back.
Right.
Bye, beautiful.
Bye.
Look, Mr. Mason, I know
a dozen young women.
Any one of them could've
used my name and address.
Good-looking, light
hair, long, shapely legs?
They've all got
long, shapely legs.
They're photographers' models.
I represent them.
Between that and my
telephone answering service,
I make a good living.
Photographers' models?
They work for amateurs?
What have you got in mind?
Hiring one of them.
Which one?
One whom I believe was
in an accident last night
at the Borden estate,
around the time
Mr. Borden was murdered.
Mr. Borden, murdered?
Did you know him? Well, he's...
Well, he was an
amateur photographer.
Sometimes he got
models through me.
Recently?
No, not for several months.
I think he made a private
deal with some model
for some special kind
of calendar pinups.
Now that's what
I'll want: pinups.
Do you have any
photographs of those models?
Yes.
I assume you know
what you're looking for?
Yes, I do.
I'd like you to get in
touch with all your models
and find out which one of them
might not be able
to pose in a bikini.
Well, what good will that do?
Just tell them I wanna discuss
a business
proposition with them.
Well, Miss Cornell?
All right. I'll call them.
Here's my address.
I'll be waiting for them.
Well, if you're looking
for bruises, Mr. Mason,
we can always get a makeup man.
I'm afraid it wouldn't
work, Miss Drew.
I need the real thing.
Well, there's
always another time.
This should cover
your inconvenience.
Thank you, Mr. Mason.
You're welcome.
Goodbye, Miss Drew. Goodbye.
Oh, hi, Dawn. Hi, Patti.
I'm Dawn Manning.
Miss Cornell sent me.
Come in, Miss Manning.
Uh, Mr. Mason, I don't
want any misunderstanding.
My legs are not at
their best right now.
I was in an accident last night,
and I'm all bruised and skinned.
Badly?
Well...
I hope we can wait a few days.
Well, as a matter of
fact, Miss Manning,
I'm interested in the bruises.
They were caused by
an automobile accident
last night, weren't they?
What is this?
Miss Cornell said this
was a legitimate posing job.
It is.
From the moment you left
home, you've been under salary,
at the regular rates.
Well, what's this bit
about an accident?
Well, I'm an attorney
representing a man
involved in the accident.
Here, sit down.
The accident happened outside
the Borden estate, didn't it?
Yes.
Were you driving alone?
No, I wasn't driving at all.
Another woman was driving.
Oh? Who?
I don't know.
I was leaving a studio
party in Vista Mesa,
and when I went downstairs,
this woman offered me a lift.
You'd never seen her before?
No, and that's funny too,
because she seemed
to know who I was.
At least, she knew my name
and that I had been
married to Frank Fettridge.
He works for Wilfred Borden.
How do you mean
you had been married?
Well, let's say we're
getting a divorce.
Would you tell me how
the accident happened?
Well, we were driving along,
and she asked if I would mind
if she stopped off to
see a friend very briefly.
Then she mentioned very casually
that she understood
my divorce from Frank
had never gone through.
And at that moment,
she started to swing into
Wilfred Borden's driveway.
I sensed a trap and
grabbed at the wheel.
Another car was
coming out of the gate,
and, well, the cars hit.
And the car I was
in skidded around
and went into the hedges.
And then?
And then I don't know.
I passed out.
But I must've
sailed out of the car
and skidded along the
dirt to get these bruises.
What happened after you came to?
Well, the car was against a
tree and the woman was gone.
I made it to the highway,
and after about five minutes,
I caught a bus for town.
Do you know what time it
was when you caught the bus?
I know exactly. It was 9:35.
Excuse me.
Yes? DELLA: Perry?
Paul just called. He was right.
A Skyline cab
picked up the woman
at the Dorman
Apartments at 9:48.
Mm-hm. He drove her
to the Ogden Apartments,
2812 Ogden Way.
Did he get the name?
Uh-huh, Loretta
Harper, Apartment 7E.
Incidentally, Perry,
Paul wanted you to know
that the wrecked car was stolen.
No, no, I still haven't
heard from Mr. Andrews.
All right, Della, keep trying.
Miss Manning, I understand
you're quite good friends
with Loretta Harper.
I never heard of her.
Am I through now?
Yes.
Except for the pictures.
Oh, do you still want
them, bruises and all?
Bruises and all.
Okay, where do I change?
Right in there
will be all right.
Thank you.
Yes?
My name is Mason, Miss Harper.
I'm an attorney.
May I speak to you
for a few minutes?
Can you tell me what it's about?
The accident last night.
Come in.
Just what accident
are you talking about?
The one where you
grabbed Dawn Manning,
dragged her out of
the car, took her place,
and then called for help.
Please sit down, Mr. Mason.
Now, just what was it
that you wanted to know
about the accident?
How did you happen to
be driving a stolen car?
I, driving a stolen car?
Weren't you?
Why, no, of course not.
Besides, I wasn't driving.
She was.
Why, if anyone stole that car,
Dawn Manning stole it.
How did you happen
to be with her?
She forced me
to get into that car.
Where was this, Miss Harper?
Right in front of the
apartment house.
I'd had a few
friends in last night,
and when we ran
out of cigarettes,
I went out to get some.
She was just waiting
for me there at the curb.
Then what?
She leaned across the
seat and opened the door
and pointed that gun at me
and told me to get
in. And you got in?
Oh, you bet I got in.
She was nearly hysterical.
She started to drive like crazy
and she said Frank Fettridge
had told her they were divorced,
And... And then she found out
that he hadn't gone
through with it, and...
Oh, I don't know.
A whole bunch
of stuff like that.
This, uh, Frank Fettridge:
he'd be the one who
works for Mr. Borden?
Worked, Mr. Mason.
Mr. Borden was
murdered last night,
or this morning sometime.
I heard it on the radio.
How do you know Fettridge?
He's my boyfriend.
And they are
divorced, Mr. Mason.
Frank and I are
going to get married.
Do you suppose I might
be able to talk with him?
Why, sure. He's
probably out at...
What's the matter?
That half-smoked
cigarette you just picked up
had no lipstick on it before
you started smoking it.
Frank.
This is Mr. Mason, Frank.
Yes, I know about him.
It's, uh, Perry Mason, Lorie.
We don't have to
answer any questions.
That's right, Mr. Fettridge.
But what do I have to hide?
Why shouldn't I tell the truth?
Just general principles,
baby. Don't ever offer anything.
It can come back to haunt you.
That's quite true, Miss Harper.
But sometimes, if it is
the truth you're telling,
it saves embarrassment
and trouble.
The way things stand now,
either you or Miss
Manning have been lying.
Why, sure.
You wouldn't expect a
woman who would use a gun
to pull a kidnap stunt to tell
the truth, now, would you?
Are you able to corroborate
any part of her
story, Mr. Fettridge?
All of it.
There's just one thing
I'd like you to tell me.
Why did you lie to
George Andrews?
Why did you give him someone
else's name and address?
Because I didn't want to
become involved, Mr. Mason,
and I still don't.
It seems you are
involved, Miss Harper.
Mr. Fettridge.
The body was discovered
at 7 this morning by
the cleaning woman.
There's a small photo lab
and studio right off the den.
He was lying in there,
a .38 slug in his chest.
What else, Paul?
On Borden's desk,
on his date pad for
yesterday was written:
"G. Andrews. 8:30 p.m."
What...?
Yes, Della?
Oh?
Well, send him in.
Hello, Mr. Mason, I...
Mr. Drake, Mr. Andrews.
Mr. G. Andrews.
How do you do?
How do you do?
All right, Paul.
You were telling me
of the developments
in the Borden murder.
The police found
fingerprints in the den,
which checked out to be
those of George Andrews,
a contractor putting up a
schoolhouse on 94th Street.
Go on, Paul.
Mm, the police tried to find
Mr. Andrews and couldn't.
We weren't able
to find him either.
I wasn't home all day.
Then Homicide started checking.
They found out the
way Borden works,
also that George Andrews
had resisted pressure
as long as he could.
Then last night
he visited Borden,
the police think,
to pay him off.
I was facing ruin.
When you left him,
was Borden still alive?
Yes. MASON: Was he alone?
As far as I know.
Did you go back to the
Borden place last night
after we'd been there?
No.
The police are very likely
waiting for you at home.
They'll wanna ask
you some questions.
Yes, Della?
All right. Send him in.
This is very considerate
of you, Perry.
I thought I'd have to wait
until your client had left.
Uh, you're
Mr. Andrews, aren't you?
Yes.
Yours?
No.
I never saw it before.
We found this in the
glove compartment
of your car downstairs.
It's a Colt .38.
This is Lieutenant
Tragg of Homicide.
You know Borden was
killed with a Colt .38?
I tell ya, it isn't my gun.
Oh, sure it isn't.
It's just that Ballistics will
want to play around with it
before giving you a
clean bill of health.
Let's go.
What do you want with me?
I don't know how
the gun got in my car.
You'd better go along
with the lieutenant.
My, you're cooperative
today, aren't you?
The bullet entered the chest
slightly to the left
of the median line,
tearing one corner
off of the heart.
Was there a great
deal of bleeding, doctor?
Quite a bit.
And what type of blood was it?
Type AB, a rather
rare blood grouping.
Less than 12 percent
of the people have it.
And where you able to
establish the time of death?
Between the hours
of 8:30 and 11:30 p.m.,
Monday, March 9th.
Thank you, doctor.
Your witness.
No questions.
I call Lieutenant
Arthur Tragg, please.
Now, lieutenant, I show you
this .38-caliber Colt automatic,
previously identified
by Ballistics
as being the murder weapon,
and marked people's Exhibit A.
I ask you if you recognize it.
Yes, I do.
I found this in the
glove compartment
of the defendant's car the
day following the murder.
Did you also have
occasion to search
the defendant's apartment?
I did.
And what did you find there?
Well, I found a suit of clothes
with rust-colored
spots all over it.
They proved to be blood.
What type blood?
Type AB.
The same rare type as that of
the deceased, Wilfred Borden?
That's right.
Thank you,
lieutenant. That'll be all.
Cross-examine.
I remember that, Mr. Mason.
I've been meaning to
have the suit cleaned
for a long time now.
I'm subject to nosebleed.
What type is your blood?
I don't know.
No questions.
My hardware
store is pretty large.
We have petty thefts regularly.
We didn't discover
the gun was missing
until inventory time.
But you did discover
it was missing
prior to Monday,
March 9th, of this year?
Oh, yes, sir.
We discovered
it over a year ago.
Then almost anyone
could have taken the gun?
Anybody who got into the store.
Thank you, sir, that'll be all.
Cross-examine.
No questions.
Witness may stand down.
I call Mr. Jasper Horn
to the stand, please.
I'm foreman of the
school construction job
on 94th Street.
Are you acquainted with
the defendant in this case,
George Andrews?
Sure, he's my boss.
Would you recite for us, please,
the gist of the conversation
you had with Mr. Andrews
on Monday, March the 9th?
Sure. It was like a lot
of other conversations.
I told him I felt sure
that we was gonna
keep on having trouble
with the inspectors
and the suppliers
unless he made a
deal with Borden.
"Made a deal"?
Yeah. Chilled the heat.
Played ball... Paid him off.
And what was Mr. Andrews'
reply to this suggestion?
Same as always.
He said he would shoot Borden
through his conniving heart
before he'd pay tribute.
I see.
That's all, Mr. Horn. Thank you.
To you, counselor.
Mr. Horn, on Monday,
March the 9th,
did, uh, Mr. Andrews
also tell you
he was going to see Mr. Borden?
Yes, sir, he said he had
an appointment with him
for that evening.
And Tuesday, after his
visit with Mr. Borden?
Well, Tuesday the
story was different.
The inspectors told
me they felt sure
there wouldn't be
any more trouble.
Then it would appear
Mr. Andrews did pay the tribute,
would it not?
I object, Your Honor.
I'll withdraw the question.
I'm through with the witness.
I call Frank Fettridge
to the stand, please.
Mr. Fettridge.
You may step down.
Mr. Fettridge, you were employed
by the late Wilfred Borden?
Yes.
In what capacity?
Sort of general assistant.
I did whatever
needed to be done.
Calling your attention now
to Monday, March the 9th,
the evening of the murder,
would you tell us what
transpired, please?
Yes.
Well, about half past
5, a phone call came in,
and I made an
appointment for Mr. Andrews
to see Mr. Borden
sometime that evening
between 8:30 and 9:00.
And what did you
do, Mr. Fettridge?
Well, I had a date that evening,
so I left early,
around, um, 6:00.
You left Mr. Borden
alone, is that correct?
That's right.
Thank you. That'll be all.
Cross-examine.
There's a, um, high fence
surrounding the estate,
is there not?
There is.
Do the electric gates
work by a timing device?
Yes, they close
at 11:00 at night
and open at 6 in the morning.
Now, the room in which
Mr. Borden was found dead,
was it kept locked?
It has a spring lock on it.
Did Mr. Borden sometimes
work with photographers' models
in that room?
Objection, Your Honor.
That's improper
cross-examination.
It calls for matters that
are completely extraneous.
The objection is sustained.
I have no further questions.
You may stand down.
If it please the court,
since this is a
preliminary hearing,
the prosecution feels
that it has made its case.
We have shown that a
murder was indeed committed,
and probable reason to believe
that the defendant committed it.
The state rests.
I think you could've
rested earlier
and still have been
entitled to an order
binding the defendant over.
May the court please,
counsel realizes defense
normally does not put
on its case at this time.
However, there is a
peculiarity in the case.
What peculiarity?
The time element.
If my client did
commit the murder,
he must've done so before 9:00.
The evidence doesn't
so show, Mr. Mason.
The state has not
made such a contention.
The state has adduced evidence
which can be made to
so show, Your Honor.
And defense proposes
to show conclusively
that the crime was not
committed prior to 9:00,
and that Wilfred Borden
was alive and well long after 9.
That, of course, would
be a perfect defense,
if you can establish it.
We'll have to wait until the
afternoon session, however.
Court will take a
recess until 2:00.
Hi, Perry.
All right, Paul,
have your man
serve the subpoenas.
On his way.
We need one of them to establish
the time of the
accident as 9:00.
To prove that Andrews
had left the grounds by then?
That's right.
That one would be
Loretta Harper, Perry,
but what about the other
one, Dawn Manning?
One or the other is lying.
Cold logic points
to Dawn Manning.
Why?
There's a half-hour
unaccounted for in her story.
But she was unconscious
during that time.
That's what she says, Della.
You willing to
take her word for it?
Are you ready to proceed
with the case for the
defense, Mr. Mason?
Yes, Your Honor.
I call Miss Della
Street to the stand.
Do you solemnly
swear that the testimony
you're about to give
shall be the truth,
the whole truth, and
nothing but the truth?
I do. State your name.
Della Street. Be seated, please.
Now, Miss Street,
when and where did you
first see the defendant?
On the evening of
Monday, March 9th,
at Dessault's Restaurant.
What was the time?
Approximately five after 10.
And what happened?
The defendant asked
you to do certain things,
and then the three of us
left Dessault's Restaurant.
And where did we go?
To your office.
And after that?
We drove out to
Wilfred Borden's place,
parked the car outside the gate,
and looked around
for about 10 minutes.
And then what happened?
An alarm sounded,
the electric gate
started closing,
floodlights went on,
and some dogs
came running after us.
Go on, Miss Street.
Well, we got out all right,
but we were afraid there was
a young woman dazed
within the grounds,
and since the dogs were loose,
we wanted to notify the house.
There was a phone
at the gate, and, uh...
Should I go on with the
conversation on the phone?
Please do.
A voice answered, and
he said it was Mr. Borden,
and I said, "Mr. Borden..."
Objection, Your Honor.
The witness could not possibly
tell who was on the other end.
The witness did not state
who was at the other end,
only that the person
who answered the phone
said he was Mr. Borden.
Overruled.
Proceed, Miss Street.
Thank you.
I told him it was an emergency,
and, uh, he said something
about the dogs always
being loose at that time.
And you took the phone.
And after I'd hung up,
what happened, Miss Street?
We drove Mr. Andrews
back to Dessault's Restaurant,
where he picked up his car.
What time was it then?
A bit after 11:30.
So you can vouch for the
whereabouts of the defendant
from five minutes
after 10 until 11:30
on the night of the murder?
Yes, sir, I can.
Thank you, Miss Street.
You may cross-examine.
We have no questions of
this witness, Your Honor.
No cross-examination?
No, Your Honor.
The court is aware, Mr. Burger,
that Miss Street could not
positively identify the deceased
as being on the other end of
that telephone conversation.
But the fact that he
identified himself as Borden
and that the prosecution's
own witnesses testified
the only person left in
the house at that time
was Wilfred Borden,
makes a very strong
presumption that it was indeed he.
Yes, Your Honor,
we understand that.
It's just that we don't want
to establish our rebuttal
by cross-examination.
That's, uh, our
case, Your Honor.
It would seem, Mr. Prosecutor,
that we now have a
very material difference
in the situation.
If it please the court,
we should like to put on some
rebuttal evidence for the state,
which we feel sure will
clarify the entire situation.
Very well. Proceed.
You may stand down, Miss Street.
We would like to
recall Frank Fettridge.
Mr. Fettridge, you heard
Miss Street's testimony?
Yes, sir.
Do you know anything at all
about the conversation
that she related for us?
Yes, I know all about it.
She gave a very
faithful account.
I was the person at
the other end of the line.
You mean, you were the person
who said you were
Wilfred Borden?
That's right.
Did you usually
answer the telephone
in Mr. Borden's name?
Not usually, but frequently.
As a regular part of your duties
in connection with your
position with Mr. Borden,
is that correct?
Yes, sir.
Thank you, Mr. Fettridge.
Your witness.
Now, you told the court
that you had a date that night
and that you left
the house at 6:00?
That's right. But I came back.
What time?
Around 20 of 11, quarter of.
Alone?
No. Who was with you?
Dr. Margaret Callison.
Who is she?
A veterinarian.
We were returning
one of the dogs.
She, uh, wanted to
talk with Mr. Borden.
Well, while we were
waiting in the den
for him to come
out of his studio,
the gate phone rang.
She answered the phone
because I was mixing drinks.
Then when I came out,
I spoke to your
secretary, Miss Street.
What do you mean you
were waiting for Mr. Borden
to come out of his studio?
The door was closed.
It's always closed when
he's working in there.
Well, why didn't you go in?
If I'd opened that door
and interrupted
him taking pictures,
I'd have been fired on the spot.
Now, uh, let me
get this straight
about Dr. Callison.
She was treating
one of the dogs?
That's right.
And you were to get the dog?
Yes. What time?
9:30.
What time did you get the dog?
Around 10:30.
You were late. Why?
I overslept.
You overslept?
Well, if you must know,
at this party at my fiancée's,
I, uh, had a couple too
many to drink, and passed out.
Who is your fiancée?
Uh, Loretta Harper.
Are you a married
man, Mr. Fettridge?
No, I'm divorced.
To whom were you married?
Uh, to a model.
She goes under the
name of Dawn Manning.
And when was your
divorce decree granted?
Yesterday.
Where? Reno, Nevada.
I take it you flew up to
Reno, obtained the decree,
and then flew back here in
order to appear as a witness?
Yes, sir.
You'd previously filed
suit for this divorce,
the issue had been joined,
but you never
went through with it?
That's right.
Now, I ask you, Mr. Fettridge,
if it was possible for someone
to have been with
Mr. Borden in his studio
during the time
you and Dr. Callison
were at the house.
Well, when I first
came into the den,
I called out for Mr. Borden.
Did you get a response?
Yes.
A woman's voice called
back, "Go away, Frank."
Did you recognize the voice?
Yes, I did.
It was my wife...
My former wife, Dawn Manning.
It's a lie!
It's a lie.
Order.
If I have another
outburst like that,
I'll put you in the
custody of the bailiff.
Proceed, Mr. Mason.
All right.
Now, at the time you heard
Dawn Manning's voice,
where was Dr. Callison?
She'd taken the dog
back to the kennel.
If it please the court,
at this time I would like to
recall Mr. Harvey Dennison.
The owner of the hardware store?
I have no objection, Your Honor.
Mr. Dennison.
Mr. Dennison, are you acquainted
with a young woman by
the name of Dawn Manning?
I am.
Was she ever in your employ?
She was.
When?
About two years ago.
Was she in your employ
at the time the .38 Colt
was found to be
missing from your stock?
Yes, she was.
Thank you, Mr. Dennison.
That'll be all.
Just a minute, Mr. Mason.
You've made an accusation
that Dawn Manning
stole the gun in this case.
Mr. Dennison,
have you any evidence
whatever that she did?
None, whatever.
Thank you. That's all.
You Honor, it's apparent that
in spite of the desperate efforts
of the defense counsel to drag
someone else into this case,
that the defendant has no alibi,
that nothing material
has been changed,
and I fail to see what
additional evidence is necessary
for the prosecution to
be entitled to an order
binding the defendant over it.
Now, just a moment, Mr. Burger.
Your Honor,
the prosecution has been
putting on rebuttal evidence.
Well, I just finished that.
That completes our case.
Then, You Honor,
I wish to put on
some further evidence
of my own in surrebuttal.
I would like to
call to the stand,
Miss Loretta Harper.
Loretta Harper will come
forward and be sworn.
Now, Miss Harper,
do you know Frank Fettridge?
I do.
Do you know his former
wife, Dawn Manning?
Yes.
Will you please tell this
court exactly what happened
in or about the Borden
estate at approximately 9:00
on Monday, March 9th?
Yes, sir.
We had an accident.
Who's we?
Dawn Manning and I.
She was driving the
car with one hand,
holding a gun on
me with the other.
Then another car,
driven by the defendant,
George Andrews, turned
out of the driveway...
Objection, Your Honor.
Counsel is now getting into
something completely extraneous.
Objection overruled.
We're concerned here
with events which happened
on the premises where
the murder took place
at a time when expert
medical testimony
indicates it could've happened.
Proceed, Miss Harper.
Yes, sir.
Well, the car that, uh,
Dawn Manning and I were in,
went through a hedge.
We were both throw clear,
but she was knocked out.
And what did the defendant do?
Well, first of all,
he came around to
see if anybody was hurt.
And then he went back
to his car to get a flashlight.
What did you do
while he was gone?
I dragged Dawn
Manning out of sight,
and then I took her place,
so that when
Mr. Andrews came back
he would think there'd
been only me in the car.
Then what, Miss Harper?
Oh, well, then he
just drove me away.
Leaving Dawn Manning
unconscious on the ground?
Oh, but she wasn't really
unconscious, not then.
Uh... maybe still dazed.
Because, you see, when
I went back to the car
to get my coat and my bag...
Well, I looked
where I had left her
and she was gone.
What time was this, Miss Harper?
Oh, 9:00.
Maybe five or six
minutes after, I guess.
And the gun, Miss Harper?
What happened to the gun?
Well, I don't know.
I never thought about it.
Thank you.
Your witness.
No questions, Your Honor.
You may stand down.
It has occurred
to me, Your Honor,
that if Mr. Borden were
engaged in taking photographs
in his studio on the
night of the murder,
some evidence of it must exist
and is probably in the
hands of the authorities.
Mr. Burger?
Well, Your Honor, there
was some exposed film
on Mr. Borden's camera,
but there's no positive way
of telling when the
pictures were taken.
Are the prints available?
Yes. May we see them?
Yes.
Miss Dawn Manning
will come forward.
Am I anticipating
you, Mr. Mason?
Did you wish to put this
witness on the stand?
Oh, thank you, Your Honor,
but I wonder if
I might first call
a previous prosecution
witness: Mr. Frank Fettridge.
What possible
purpose could we serve
in calling him, Your Honor?
I can see now where
an investigation
of Dawn Manning
might be in order, but...
There still remain
one or two small points
I'd like to clear up.
You're excused, Miss Manning.
Mr. Fettridge.
You're still under
oath, Mr. Fettridge.
Take the stand.
You must realize now
that grave suspicion
attaches to your former wife
in the murder of Wilfred Borden.
Therefore, please
answer carefully.
I'm always careful, Mr. Mason.
Are you?
Yes, I imagine it must've
been quite a problem,
wondering or being
absolutely certain
that it was Dawn's voice
you heard inside the studio.
Not wondering if
it was her voice,
but if I should say anything.
I see.
You're positive, then?
Yes.
But she denies it?
She always was a little liar.
I guess she grew
up to be a big one.
Now, when Dawn worked
at Dennison's Hardware,
you would pick her
up at work sometimes?
Yes.
As a matter of fact,
you were well-known
to the other employees
in the store, were you not?
Yes.
So then it would have
been just as easy for you
to have taken a .38
Colt from the store
as it would've been for Dawn?
But I didn't.
May I, Your Honor?
Yes, Mr. Mason.
Now, Mr. Fettridge,
I ask you to look at
those photographs.
They were printed
from film found
in Mr. Borden's studio camera.
Dawn.
That proves she
was in there that night.
No, Mr. Fettridge,
it proves she was
not in there that night.
What?
Do you recognize that?
Sure. It's Dawn
in the same bikini.
That's right.
I took that one myself
on Tuesday morning,
the day after the murder.
The day after the
automobile accident.
I don't see what that's
got to do with any...
If Dawn had been in the
studio that night after 9:00
posing for those photographs,
where are the bruises?
Isn't it true that
those photographs
had been taken days before?
And that Mr. Borden
hadn't developed them?
And isn't it true
that you've lied?
Lied about the voice
inside the studio?
And isn't it true that in
reality you were the one...?
No!
No, I didn't kill him.
How could I?
I was in Loretta's apartment.
Sleeping off a little
too much to drink?
Yes.
In the bedroom? Yes.
Beside an open window
and a fire escape,
with just enough time to
slip out, kill Mr. Borden,
and return before anyone
knew you were gone.
I...
I...
had it all...
All worked out.
All figured out.
Where'd I go wrong?
What did I do that wasn't right?
You committed a
murder, Mr. Fettridge.
Why did he kill
Borden, Mr. Mason?
Paul found that out.
Borden caught
Fettridge stealing.
You see, in
Borden's line of work,
he dealt in payoffs
under the table, in cash.
Was Loretta Harper
in on the scheme?
She was.
Hamilton Burger is
drawing up indictments
against both of them.
Well, then it was no accident
when she picked up Dawn Manning.
Borden had taken those
photos of Dawn before.
They were gonna show
that she was there that night.
Then when you got in the way,
they decided to
frame you instead.
And it was no problem
to locate your car
and put the gun in
the glove compartment.
The way I see it,
Dawn Manning got by
by the skin of her teeth.
The way I see it, there's
more skin than teeth.
me a moment, Mr. Andrews?
I'm washing some prints.
I wanna take them out.
Okay.
Are you interested
in photography?
Not very.
It's a hobby of mine.
That's very
interesting, Mr. Borden,
but it isn't what I
came to see you about.
Of course.
You knew that I had the contract
for the new school
out on 94th Street.
Yes, I'd heard.
What's the matter?
Your bid too cheap?
No, my bid was all right.
Labor troubles?
No.
Don't tell me you're
having inspector troubles.
Aren't you building
to specifications?
Yes, I'm following specs.
But the inspectors
are using microscopes.
Riding me, delaying
me, hamstringing me.
I'm going broke.
Yes, those inspectors
can be rather pesky.
Well, now, what brings
you to me, Mr. Andrews?
Well, when I
complained to one of 'em,
he said, why don't I get smart?
Go see Wilfred Borden.
Yes, it's true.
I do specialize in public
relations, technically.
But I don't use bribery.
And I do need
political influence,
and that costs me
money, Mr. Andrews.
Dollar diplomacy.
How much?
Five thousand to start with.
We'll make other
arrangements as we go along.
And I'll have the cash
for you in the morning.
Oh, Mr. Andrews.
It's too bad we couldn't have
come to an understanding
before you started construction.
However, you don't have to
worry about the inspectors anymore.
Listen, don't be mistaken
about me, Borden.
If my troubles with
the inspectors are over,
my troubles with my
self-respect are just beginning.
Now, our association
will last only as long
as I can't figure a
way to get rid of you.
Anybody hurt?
You all right, miss?
Help!
Help!
Help!
Are you hurt?
W-who are you?
I was driving the other car.
Oh.
Listen, can you stand up?
I better get you to a doctor.
Oh, no. No...
No, I'll be all right.
If you could just
drive me home...
Oh, could I borrow
this for a minute?
Sure.
Oh, thank you.
Listen, are you sure you
don't wanna see a doctor?
I-if I need one,
there's one that lives right
in my apartment building.
Uh, you will drive me home?
Of course.
Oh, uh, my name
is Beatrice Cornell.
George Andrews. Uh...
Oh, Mr. Andrews.
Well, it was all my fault.
I saw something in the
road, a dog or cat or...
Anyway, I swerved
to avoid it, and...
But I-I'm covered.
Now, they'll take
care of everything.
Did you get my...?
My license number?
Yes, I have it.
Y-you know, I guess I
am a little bit shook up.
Do you know where the Dorman
Apartments are, on Rossmore?
Well, I'll find them.
Fine.
You've been very nice.
You know, you haven't
complained once
about my running into you
or what a bad driver I am.
Perhaps we could
see each other again.
I hope so.
Well, you know how to
reach me, Mr. Andrews.
Good night.
Night.
Hello, would you rush a cab
to the Dorman Apartments
on Rossmore, please?
I'll be waiting outside.
Is Frank still in the bedroom?
He's still sleeping
it off, Loretta.
He really tied one on.
Boy, it sure took
you a long time
to get those cigarettes.
Here.
Frank?
Hm?
Oh, Frank. Yeah, what?
Wake up, come on. Get up. Frank.
Wake up. Come on.
Sorry, Lorie, I guess
I had one too many.
Oh, Frank, you have a
job to do for Mr. Borden.
You're supposed to pick
up one of his dogs at the vet's
and take it back to him at 9:30.
Hey, that's right.
What time is it?
It's a quarter of 10.
Boy, he's really gonna be sore.
Come on, you better get started.
Come on.
Yeah, see you later, baby.
Oh, good evening,
Mr. Mason. George.
Will you come this way?
Mr. Mason, I thought
I recognized you.
I need legal advice, Mr. Mason,
and my own
attorney's out of town.
My name's George Andrews,
and I realize this is a
terrible time to approach you...
I'm sorry, Mr. Andrews.
You see, I...
All right, sit down.
Let's hear about it.
Thank you.
Something, uh...
Something very strange
happened just a little while ago.
Uh, I'm a contractor executing
bids on a school building.
She said her name
was Beatrice Cornell.
I didn't ask to see
her driver's license.
I don't know why.
Did you get the number
of her license plates?
Yes, it was, uh, CVX-266.
Go on, Mr. Andrews.
Well, in the moonlight I
could see her feet and legs
and she was wearing
open-toed shoes,
I could swear it.
I suppose she was.
Well, when I got
back with the flashlight,
she had changed them.
That sounds idiotic, doesn't it?
Are you positive?
No. But I think so.
Did you report the accident?
No.
Why not?
Well, I'm involved in
rather a delicate situation
with Wilfred Borden.
Wilfred Borden?
He's kind of a political
Mr. Fix-It, isn't he?
That's where I was tonight.
If my construction troubles
were to stop suddenly
and I was linked to
a visit with Borden,
it would really hurt.
All right. I'll see if
I can get in touch
with this Beatrice Cornell,
and arrange to have
a doctor call on her.
Uh, she said she
wouldn't need one.
Hm. I'm your attorney.
Let her say that to me.
Della, see if you can
reach her by phone.
Mm-hm.
Beatrice Cornell speaking.
Who?
My name is Mason.
I'm an attorney representing
George Andrews.
He owns the car you ran
into this evening, Miss Cornell.
The car I ran into?
What are you talking
about, Mr. Mason?
Didn't you have an
accident this evening?
That'd be the trick of the
week. I don't own a car.
I'm very sorry to disturb you.
Thank you.
Good night.
Mr. Andrews, when you
first saw this young woman,
you said she had
a very faint pulse.
That's right.
I think we'd better get
out to the Borden estate.
Now?
We're dealing with two
women, Mr. Andrews.
One calling herself
Beatrice Cornell,
the other injured,
possibly badly,
and possibly still
wandering around helplessly
in the vicinity of the accident.
Let's go.
John Milton Carson.
A friend of yours, Andrews?
No, she led me to
believe it was her car.
Also that her name
was Beatrice Cornell.
This place gives
me the willies, Perry.
It's almost 11:00.
There's nobody here.
Let's go, hm?
What was that?
Sounds like an alarm.
Let's get outta here.
Oh!
There's a phone
there. I'll try the house.
Hello?
Hello?!
Hello, there's been an accident.
Might be a young
woman seriously injured
and wandering around
helplessly on the grounds.
And with your dogs
running loose, why...
Wait a moment.
Hello?
Della, take the line, will you?
The woman said she'd find out
whether Mr. Borden
could be disturbed.
Hello?
Uh, Mr. Borden,
this is an emergency.
Your dogs are loose, and...
I know, but there may be a dazed
young woman inside the gates.
Hello, Mr. Borden?
Look, the responsibility
is now yours.
We can't get inside the gates.
All right. See that you do.
He said he'd round up the dogs.
Morning, Paul. Morning, Perry.
Morning, Della. Morning.
Sleep well?
No. I was worried about a
young woman who might be hurt
and who might be
wandering around the estate...
And who might've met up
with some Doberman pinschers.
Right.
There was nothing in
the paper though, Perry.
Well, maybe no
news is good news.
Paul, I'd, uh, like
you to do a job for me.
I'm looking for a young woman.
Okay.
Light hair, about 27 or 28,
brown eyes, about 5-foot-4,
nice legs.
Her name?
I don't know.
Address?
I don't know that either.
But I do have a lead for you.
Last night around 9:00, she
was involved in an accident
with our client, George Andrews.
Happened right outside the
Borden estate in Vista Mesa.
Wait a minute.
I just heard it on the
car radio this morning
that, uh, Wilfred Borden
was murdered last night.
Where? What time last night?
It was only a flash.
It just came over the wire,
but I can more details
around headquarters.
This woman is much
more important now.
She may have been
driving a stolen car,
and she gave our client
the name of Beatrice Cornell.
He dropped her off at the
Dorman Apartments on Rossmore.
About what time
would that have been?
I figure about a quarter of 10.
She might've called a cab
the minute your client left.
I'll check it out.
Uh, if I draw a blank,
do you want me to follow
up this Beatrice Cornell angle
at the Dorman Apartments?
No, I'll be working on that one.
Della, get hold of
George Andrews.
Have him wait here in
the office till I get back.
Right.
Bye, beautiful.
Bye.
Look, Mr. Mason, I know
a dozen young women.
Any one of them could've
used my name and address.
Good-looking, light
hair, long, shapely legs?
They've all got
long, shapely legs.
They're photographers' models.
I represent them.
Between that and my
telephone answering service,
I make a good living.
Photographers' models?
They work for amateurs?
What have you got in mind?
Hiring one of them.
Which one?
One whom I believe was
in an accident last night
at the Borden estate,
around the time
Mr. Borden was murdered.
Mr. Borden, murdered?
Did you know him? Well, he's...
Well, he was an
amateur photographer.
Sometimes he got
models through me.
Recently?
No, not for several months.
I think he made a private
deal with some model
for some special kind
of calendar pinups.
Now that's what
I'll want: pinups.
Do you have any
photographs of those models?
Yes.
I assume you know
what you're looking for?
Yes, I do.
I'd like you to get in
touch with all your models
and find out which one of them
might not be able
to pose in a bikini.
Well, what good will that do?
Just tell them I wanna discuss
a business
proposition with them.
Well, Miss Cornell?
All right. I'll call them.
Here's my address.
I'll be waiting for them.
Well, if you're looking
for bruises, Mr. Mason,
we can always get a makeup man.
I'm afraid it wouldn't
work, Miss Drew.
I need the real thing.
Well, there's
always another time.
This should cover
your inconvenience.
Thank you, Mr. Mason.
You're welcome.
Goodbye, Miss Drew. Goodbye.
Oh, hi, Dawn. Hi, Patti.
I'm Dawn Manning.
Miss Cornell sent me.
Come in, Miss Manning.
Uh, Mr. Mason, I don't
want any misunderstanding.
My legs are not at
their best right now.
I was in an accident last night,
and I'm all bruised and skinned.
Badly?
Well...
I hope we can wait a few days.
Well, as a matter of
fact, Miss Manning,
I'm interested in the bruises.
They were caused by
an automobile accident
last night, weren't they?
What is this?
Miss Cornell said this
was a legitimate posing job.
It is.
From the moment you left
home, you've been under salary,
at the regular rates.
Well, what's this bit
about an accident?
Well, I'm an attorney
representing a man
involved in the accident.
Here, sit down.
The accident happened outside
the Borden estate, didn't it?
Yes.
Were you driving alone?
No, I wasn't driving at all.
Another woman was driving.
Oh? Who?
I don't know.
I was leaving a studio
party in Vista Mesa,
and when I went downstairs,
this woman offered me a lift.
You'd never seen her before?
No, and that's funny too,
because she seemed
to know who I was.
At least, she knew my name
and that I had been
married to Frank Fettridge.
He works for Wilfred Borden.
How do you mean
you had been married?
Well, let's say we're
getting a divorce.
Would you tell me how
the accident happened?
Well, we were driving along,
and she asked if I would mind
if she stopped off to
see a friend very briefly.
Then she mentioned very casually
that she understood
my divorce from Frank
had never gone through.
And at that moment,
she started to swing into
Wilfred Borden's driveway.
I sensed a trap and
grabbed at the wheel.
Another car was
coming out of the gate,
and, well, the cars hit.
And the car I was
in skidded around
and went into the hedges.
And then?
And then I don't know.
I passed out.
But I must've
sailed out of the car
and skidded along the
dirt to get these bruises.
What happened after you came to?
Well, the car was against a
tree and the woman was gone.
I made it to the highway,
and after about five minutes,
I caught a bus for town.
Do you know what time it
was when you caught the bus?
I know exactly. It was 9:35.
Excuse me.
Yes? DELLA: Perry?
Paul just called. He was right.
A Skyline cab
picked up the woman
at the Dorman
Apartments at 9:48.
Mm-hm. He drove her
to the Ogden Apartments,
2812 Ogden Way.
Did he get the name?
Uh-huh, Loretta
Harper, Apartment 7E.
Incidentally, Perry,
Paul wanted you to know
that the wrecked car was stolen.
No, no, I still haven't
heard from Mr. Andrews.
All right, Della, keep trying.
Miss Manning, I understand
you're quite good friends
with Loretta Harper.
I never heard of her.
Am I through now?
Yes.
Except for the pictures.
Oh, do you still want
them, bruises and all?
Bruises and all.
Okay, where do I change?
Right in there
will be all right.
Thank you.
Yes?
My name is Mason, Miss Harper.
I'm an attorney.
May I speak to you
for a few minutes?
Can you tell me what it's about?
The accident last night.
Come in.
Just what accident
are you talking about?
The one where you
grabbed Dawn Manning,
dragged her out of
the car, took her place,
and then called for help.
Please sit down, Mr. Mason.
Now, just what was it
that you wanted to know
about the accident?
How did you happen to
be driving a stolen car?
I, driving a stolen car?
Weren't you?
Why, no, of course not.
Besides, I wasn't driving.
She was.
Why, if anyone stole that car,
Dawn Manning stole it.
How did you happen
to be with her?
She forced me
to get into that car.
Where was this, Miss Harper?
Right in front of the
apartment house.
I'd had a few
friends in last night,
and when we ran
out of cigarettes,
I went out to get some.
She was just waiting
for me there at the curb.
Then what?
She leaned across the
seat and opened the door
and pointed that gun at me
and told me to get
in. And you got in?
Oh, you bet I got in.
She was nearly hysterical.
She started to drive like crazy
and she said Frank Fettridge
had told her they were divorced,
And... And then she found out
that he hadn't gone
through with it, and...
Oh, I don't know.
A whole bunch
of stuff like that.
This, uh, Frank Fettridge:
he'd be the one who
works for Mr. Borden?
Worked, Mr. Mason.
Mr. Borden was
murdered last night,
or this morning sometime.
I heard it on the radio.
How do you know Fettridge?
He's my boyfriend.
And they are
divorced, Mr. Mason.
Frank and I are
going to get married.
Do you suppose I might
be able to talk with him?
Why, sure. He's
probably out at...
What's the matter?
That half-smoked
cigarette you just picked up
had no lipstick on it before
you started smoking it.
Frank.
This is Mr. Mason, Frank.
Yes, I know about him.
It's, uh, Perry Mason, Lorie.
We don't have to
answer any questions.
That's right, Mr. Fettridge.
But what do I have to hide?
Why shouldn't I tell the truth?
Just general principles,
baby. Don't ever offer anything.
It can come back to haunt you.
That's quite true, Miss Harper.
But sometimes, if it is
the truth you're telling,
it saves embarrassment
and trouble.
The way things stand now,
either you or Miss
Manning have been lying.
Why, sure.
You wouldn't expect a
woman who would use a gun
to pull a kidnap stunt to tell
the truth, now, would you?
Are you able to corroborate
any part of her
story, Mr. Fettridge?
All of it.
There's just one thing
I'd like you to tell me.
Why did you lie to
George Andrews?
Why did you give him someone
else's name and address?
Because I didn't want to
become involved, Mr. Mason,
and I still don't.
It seems you are
involved, Miss Harper.
Mr. Fettridge.
The body was discovered
at 7 this morning by
the cleaning woman.
There's a small photo lab
and studio right off the den.
He was lying in there,
a .38 slug in his chest.
What else, Paul?
On Borden's desk,
on his date pad for
yesterday was written:
"G. Andrews. 8:30 p.m."
What...?
Yes, Della?
Oh?
Well, send him in.
Hello, Mr. Mason, I...
Mr. Drake, Mr. Andrews.
Mr. G. Andrews.
How do you do?
How do you do?
All right, Paul.
You were telling me
of the developments
in the Borden murder.
The police found
fingerprints in the den,
which checked out to be
those of George Andrews,
a contractor putting up a
schoolhouse on 94th Street.
Go on, Paul.
Mm, the police tried to find
Mr. Andrews and couldn't.
We weren't able
to find him either.
I wasn't home all day.
Then Homicide started checking.
They found out the
way Borden works,
also that George Andrews
had resisted pressure
as long as he could.
Then last night
he visited Borden,
the police think,
to pay him off.
I was facing ruin.
When you left him,
was Borden still alive?
Yes. MASON: Was he alone?
As far as I know.
Did you go back to the
Borden place last night
after we'd been there?
No.
The police are very likely
waiting for you at home.
They'll wanna ask
you some questions.
Yes, Della?
All right. Send him in.
This is very considerate
of you, Perry.
I thought I'd have to wait
until your client had left.
Uh, you're
Mr. Andrews, aren't you?
Yes.
Yours?
No.
I never saw it before.
We found this in the
glove compartment
of your car downstairs.
It's a Colt .38.
This is Lieutenant
Tragg of Homicide.
You know Borden was
killed with a Colt .38?
I tell ya, it isn't my gun.
Oh, sure it isn't.
It's just that Ballistics will
want to play around with it
before giving you a
clean bill of health.
Let's go.
What do you want with me?
I don't know how
the gun got in my car.
You'd better go along
with the lieutenant.
My, you're cooperative
today, aren't you?
The bullet entered the chest
slightly to the left
of the median line,
tearing one corner
off of the heart.
Was there a great
deal of bleeding, doctor?
Quite a bit.
And what type of blood was it?
Type AB, a rather
rare blood grouping.
Less than 12 percent
of the people have it.
And where you able to
establish the time of death?
Between the hours
of 8:30 and 11:30 p.m.,
Monday, March 9th.
Thank you, doctor.
Your witness.
No questions.
I call Lieutenant
Arthur Tragg, please.
Now, lieutenant, I show you
this .38-caliber Colt automatic,
previously identified
by Ballistics
as being the murder weapon,
and marked people's Exhibit A.
I ask you if you recognize it.
Yes, I do.
I found this in the
glove compartment
of the defendant's car the
day following the murder.
Did you also have
occasion to search
the defendant's apartment?
I did.
And what did you find there?
Well, I found a suit of clothes
with rust-colored
spots all over it.
They proved to be blood.
What type blood?
Type AB.
The same rare type as that of
the deceased, Wilfred Borden?
That's right.
Thank you,
lieutenant. That'll be all.
Cross-examine.
I remember that, Mr. Mason.
I've been meaning to
have the suit cleaned
for a long time now.
I'm subject to nosebleed.
What type is your blood?
I don't know.
No questions.
My hardware
store is pretty large.
We have petty thefts regularly.
We didn't discover
the gun was missing
until inventory time.
But you did discover
it was missing
prior to Monday,
March 9th, of this year?
Oh, yes, sir.
We discovered
it over a year ago.
Then almost anyone
could have taken the gun?
Anybody who got into the store.
Thank you, sir, that'll be all.
Cross-examine.
No questions.
Witness may stand down.
I call Mr. Jasper Horn
to the stand, please.
I'm foreman of the
school construction job
on 94th Street.
Are you acquainted with
the defendant in this case,
George Andrews?
Sure, he's my boss.
Would you recite for us, please,
the gist of the conversation
you had with Mr. Andrews
on Monday, March the 9th?
Sure. It was like a lot
of other conversations.
I told him I felt sure
that we was gonna
keep on having trouble
with the inspectors
and the suppliers
unless he made a
deal with Borden.
"Made a deal"?
Yeah. Chilled the heat.
Played ball... Paid him off.
And what was Mr. Andrews'
reply to this suggestion?
Same as always.
He said he would shoot Borden
through his conniving heart
before he'd pay tribute.
I see.
That's all, Mr. Horn. Thank you.
To you, counselor.
Mr. Horn, on Monday,
March the 9th,
did, uh, Mr. Andrews
also tell you
he was going to see Mr. Borden?
Yes, sir, he said he had
an appointment with him
for that evening.
And Tuesday, after his
visit with Mr. Borden?
Well, Tuesday the
story was different.
The inspectors told
me they felt sure
there wouldn't be
any more trouble.
Then it would appear
Mr. Andrews did pay the tribute,
would it not?
I object, Your Honor.
I'll withdraw the question.
I'm through with the witness.
I call Frank Fettridge
to the stand, please.
Mr. Fettridge.
You may step down.
Mr. Fettridge, you were employed
by the late Wilfred Borden?
Yes.
In what capacity?
Sort of general assistant.
I did whatever
needed to be done.
Calling your attention now
to Monday, March the 9th,
the evening of the murder,
would you tell us what
transpired, please?
Yes.
Well, about half past
5, a phone call came in,
and I made an
appointment for Mr. Andrews
to see Mr. Borden
sometime that evening
between 8:30 and 9:00.
And what did you
do, Mr. Fettridge?
Well, I had a date that evening,
so I left early,
around, um, 6:00.
You left Mr. Borden
alone, is that correct?
That's right.
Thank you. That'll be all.
Cross-examine.
There's a, um, high fence
surrounding the estate,
is there not?
There is.
Do the electric gates
work by a timing device?
Yes, they close
at 11:00 at night
and open at 6 in the morning.
Now, the room in which
Mr. Borden was found dead,
was it kept locked?
It has a spring lock on it.
Did Mr. Borden sometimes
work with photographers' models
in that room?
Objection, Your Honor.
That's improper
cross-examination.
It calls for matters that
are completely extraneous.
The objection is sustained.
I have no further questions.
You may stand down.
If it please the court,
since this is a
preliminary hearing,
the prosecution feels
that it has made its case.
We have shown that a
murder was indeed committed,
and probable reason to believe
that the defendant committed it.
The state rests.
I think you could've
rested earlier
and still have been
entitled to an order
binding the defendant over.
May the court please,
counsel realizes defense
normally does not put
on its case at this time.
However, there is a
peculiarity in the case.
What peculiarity?
The time element.
If my client did
commit the murder,
he must've done so before 9:00.
The evidence doesn't
so show, Mr. Mason.
The state has not
made such a contention.
The state has adduced evidence
which can be made to
so show, Your Honor.
And defense proposes
to show conclusively
that the crime was not
committed prior to 9:00,
and that Wilfred Borden
was alive and well long after 9.
That, of course, would
be a perfect defense,
if you can establish it.
We'll have to wait until the
afternoon session, however.
Court will take a
recess until 2:00.
Hi, Perry.
All right, Paul,
have your man
serve the subpoenas.
On his way.
We need one of them to establish
the time of the
accident as 9:00.
To prove that Andrews
had left the grounds by then?
That's right.
That one would be
Loretta Harper, Perry,
but what about the other
one, Dawn Manning?
One or the other is lying.
Cold logic points
to Dawn Manning.
Why?
There's a half-hour
unaccounted for in her story.
But she was unconscious
during that time.
That's what she says, Della.
You willing to
take her word for it?
Are you ready to proceed
with the case for the
defense, Mr. Mason?
Yes, Your Honor.
I call Miss Della
Street to the stand.
Do you solemnly
swear that the testimony
you're about to give
shall be the truth,
the whole truth, and
nothing but the truth?
I do. State your name.
Della Street. Be seated, please.
Now, Miss Street,
when and where did you
first see the defendant?
On the evening of
Monday, March 9th,
at Dessault's Restaurant.
What was the time?
Approximately five after 10.
And what happened?
The defendant asked
you to do certain things,
and then the three of us
left Dessault's Restaurant.
And where did we go?
To your office.
And after that?
We drove out to
Wilfred Borden's place,
parked the car outside the gate,
and looked around
for about 10 minutes.
And then what happened?
An alarm sounded,
the electric gate
started closing,
floodlights went on,
and some dogs
came running after us.
Go on, Miss Street.
Well, we got out all right,
but we were afraid there was
a young woman dazed
within the grounds,
and since the dogs were loose,
we wanted to notify the house.
There was a phone
at the gate, and, uh...
Should I go on with the
conversation on the phone?
Please do.
A voice answered, and
he said it was Mr. Borden,
and I said, "Mr. Borden..."
Objection, Your Honor.
The witness could not possibly
tell who was on the other end.
The witness did not state
who was at the other end,
only that the person
who answered the phone
said he was Mr. Borden.
Overruled.
Proceed, Miss Street.
Thank you.
I told him it was an emergency,
and, uh, he said something
about the dogs always
being loose at that time.
And you took the phone.
And after I'd hung up,
what happened, Miss Street?
We drove Mr. Andrews
back to Dessault's Restaurant,
where he picked up his car.
What time was it then?
A bit after 11:30.
So you can vouch for the
whereabouts of the defendant
from five minutes
after 10 until 11:30
on the night of the murder?
Yes, sir, I can.
Thank you, Miss Street.
You may cross-examine.
We have no questions of
this witness, Your Honor.
No cross-examination?
No, Your Honor.
The court is aware, Mr. Burger,
that Miss Street could not
positively identify the deceased
as being on the other end of
that telephone conversation.
But the fact that he
identified himself as Borden
and that the prosecution's
own witnesses testified
the only person left in
the house at that time
was Wilfred Borden,
makes a very strong
presumption that it was indeed he.
Yes, Your Honor,
we understand that.
It's just that we don't want
to establish our rebuttal
by cross-examination.
That's, uh, our
case, Your Honor.
It would seem, Mr. Prosecutor,
that we now have a
very material difference
in the situation.
If it please the court,
we should like to put on some
rebuttal evidence for the state,
which we feel sure will
clarify the entire situation.
Very well. Proceed.
You may stand down, Miss Street.
We would like to
recall Frank Fettridge.
Mr. Fettridge, you heard
Miss Street's testimony?
Yes, sir.
Do you know anything at all
about the conversation
that she related for us?
Yes, I know all about it.
She gave a very
faithful account.
I was the person at
the other end of the line.
You mean, you were the person
who said you were
Wilfred Borden?
That's right.
Did you usually
answer the telephone
in Mr. Borden's name?
Not usually, but frequently.
As a regular part of your duties
in connection with your
position with Mr. Borden,
is that correct?
Yes, sir.
Thank you, Mr. Fettridge.
Your witness.
Now, you told the court
that you had a date that night
and that you left
the house at 6:00?
That's right. But I came back.
What time?
Around 20 of 11, quarter of.
Alone?
No. Who was with you?
Dr. Margaret Callison.
Who is she?
A veterinarian.
We were returning
one of the dogs.
She, uh, wanted to
talk with Mr. Borden.
Well, while we were
waiting in the den
for him to come
out of his studio,
the gate phone rang.
She answered the phone
because I was mixing drinks.
Then when I came out,
I spoke to your
secretary, Miss Street.
What do you mean you
were waiting for Mr. Borden
to come out of his studio?
The door was closed.
It's always closed when
he's working in there.
Well, why didn't you go in?
If I'd opened that door
and interrupted
him taking pictures,
I'd have been fired on the spot.
Now, uh, let me
get this straight
about Dr. Callison.
She was treating
one of the dogs?
That's right.
And you were to get the dog?
Yes. What time?
9:30.
What time did you get the dog?
Around 10:30.
You were late. Why?
I overslept.
You overslept?
Well, if you must know,
at this party at my fiancée's,
I, uh, had a couple too
many to drink, and passed out.
Who is your fiancée?
Uh, Loretta Harper.
Are you a married
man, Mr. Fettridge?
No, I'm divorced.
To whom were you married?
Uh, to a model.
She goes under the
name of Dawn Manning.
And when was your
divorce decree granted?
Yesterday.
Where? Reno, Nevada.
I take it you flew up to
Reno, obtained the decree,
and then flew back here in
order to appear as a witness?
Yes, sir.
You'd previously filed
suit for this divorce,
the issue had been joined,
but you never
went through with it?
That's right.
Now, I ask you, Mr. Fettridge,
if it was possible for someone
to have been with
Mr. Borden in his studio
during the time
you and Dr. Callison
were at the house.
Well, when I first
came into the den,
I called out for Mr. Borden.
Did you get a response?
Yes.
A woman's voice called
back, "Go away, Frank."
Did you recognize the voice?
Yes, I did.
It was my wife...
My former wife, Dawn Manning.
It's a lie!
It's a lie.
Order.
If I have another
outburst like that,
I'll put you in the
custody of the bailiff.
Proceed, Mr. Mason.
All right.
Now, at the time you heard
Dawn Manning's voice,
where was Dr. Callison?
She'd taken the dog
back to the kennel.
If it please the court,
at this time I would like to
recall Mr. Harvey Dennison.
The owner of the hardware store?
I have no objection, Your Honor.
Mr. Dennison.
Mr. Dennison, are you acquainted
with a young woman by
the name of Dawn Manning?
I am.
Was she ever in your employ?
She was.
When?
About two years ago.
Was she in your employ
at the time the .38 Colt
was found to be
missing from your stock?
Yes, she was.
Thank you, Mr. Dennison.
That'll be all.
Just a minute, Mr. Mason.
You've made an accusation
that Dawn Manning
stole the gun in this case.
Mr. Dennison,
have you any evidence
whatever that she did?
None, whatever.
Thank you. That's all.
You Honor, it's apparent that
in spite of the desperate efforts
of the defense counsel to drag
someone else into this case,
that the defendant has no alibi,
that nothing material
has been changed,
and I fail to see what
additional evidence is necessary
for the prosecution to
be entitled to an order
binding the defendant over it.
Now, just a moment, Mr. Burger.
Your Honor,
the prosecution has been
putting on rebuttal evidence.
Well, I just finished that.
That completes our case.
Then, You Honor,
I wish to put on
some further evidence
of my own in surrebuttal.
I would like to
call to the stand,
Miss Loretta Harper.
Loretta Harper will come
forward and be sworn.
Now, Miss Harper,
do you know Frank Fettridge?
I do.
Do you know his former
wife, Dawn Manning?
Yes.
Will you please tell this
court exactly what happened
in or about the Borden
estate at approximately 9:00
on Monday, March 9th?
Yes, sir.
We had an accident.
Who's we?
Dawn Manning and I.
She was driving the
car with one hand,
holding a gun on
me with the other.
Then another car,
driven by the defendant,
George Andrews, turned
out of the driveway...
Objection, Your Honor.
Counsel is now getting into
something completely extraneous.
Objection overruled.
We're concerned here
with events which happened
on the premises where
the murder took place
at a time when expert
medical testimony
indicates it could've happened.
Proceed, Miss Harper.
Yes, sir.
Well, the car that, uh,
Dawn Manning and I were in,
went through a hedge.
We were both throw clear,
but she was knocked out.
And what did the defendant do?
Well, first of all,
he came around to
see if anybody was hurt.
And then he went back
to his car to get a flashlight.
What did you do
while he was gone?
I dragged Dawn
Manning out of sight,
and then I took her place,
so that when
Mr. Andrews came back
he would think there'd
been only me in the car.
Then what, Miss Harper?
Oh, well, then he
just drove me away.
Leaving Dawn Manning
unconscious on the ground?
Oh, but she wasn't really
unconscious, not then.
Uh... maybe still dazed.
Because, you see, when
I went back to the car
to get my coat and my bag...
Well, I looked
where I had left her
and she was gone.
What time was this, Miss Harper?
Oh, 9:00.
Maybe five or six
minutes after, I guess.
And the gun, Miss Harper?
What happened to the gun?
Well, I don't know.
I never thought about it.
Thank you.
Your witness.
No questions, Your Honor.
You may stand down.
It has occurred
to me, Your Honor,
that if Mr. Borden were
engaged in taking photographs
in his studio on the
night of the murder,
some evidence of it must exist
and is probably in the
hands of the authorities.
Mr. Burger?
Well, Your Honor, there
was some exposed film
on Mr. Borden's camera,
but there's no positive way
of telling when the
pictures were taken.
Are the prints available?
Yes. May we see them?
Yes.
Miss Dawn Manning
will come forward.
Am I anticipating
you, Mr. Mason?
Did you wish to put this
witness on the stand?
Oh, thank you, Your Honor,
but I wonder if
I might first call
a previous prosecution
witness: Mr. Frank Fettridge.
What possible
purpose could we serve
in calling him, Your Honor?
I can see now where
an investigation
of Dawn Manning
might be in order, but...
There still remain
one or two small points
I'd like to clear up.
You're excused, Miss Manning.
Mr. Fettridge.
You're still under
oath, Mr. Fettridge.
Take the stand.
You must realize now
that grave suspicion
attaches to your former wife
in the murder of Wilfred Borden.
Therefore, please
answer carefully.
I'm always careful, Mr. Mason.
Are you?
Yes, I imagine it must've
been quite a problem,
wondering or being
absolutely certain
that it was Dawn's voice
you heard inside the studio.
Not wondering if
it was her voice,
but if I should say anything.
I see.
You're positive, then?
Yes.
But she denies it?
She always was a little liar.
I guess she grew
up to be a big one.
Now, when Dawn worked
at Dennison's Hardware,
you would pick her
up at work sometimes?
Yes.
As a matter of fact,
you were well-known
to the other employees
in the store, were you not?
Yes.
So then it would have
been just as easy for you
to have taken a .38
Colt from the store
as it would've been for Dawn?
But I didn't.
May I, Your Honor?
Yes, Mr. Mason.
Now, Mr. Fettridge,
I ask you to look at
those photographs.
They were printed
from film found
in Mr. Borden's studio camera.
Dawn.
That proves she
was in there that night.
No, Mr. Fettridge,
it proves she was
not in there that night.
What?
Do you recognize that?
Sure. It's Dawn
in the same bikini.
That's right.
I took that one myself
on Tuesday morning,
the day after the murder.
The day after the
automobile accident.
I don't see what that's
got to do with any...
If Dawn had been in the
studio that night after 9:00
posing for those photographs,
where are the bruises?
Isn't it true that
those photographs
had been taken days before?
And that Mr. Borden
hadn't developed them?
And isn't it true
that you've lied?
Lied about the voice
inside the studio?
And isn't it true that in
reality you were the one...?
No!
No, I didn't kill him.
How could I?
I was in Loretta's apartment.
Sleeping off a little
too much to drink?
Yes.
In the bedroom? Yes.
Beside an open window
and a fire escape,
with just enough time to
slip out, kill Mr. Borden,
and return before anyone
knew you were gone.
I...
I...
had it all...
All worked out.
All figured out.
Where'd I go wrong?
What did I do that wasn't right?
You committed a
murder, Mr. Fettridge.
Why did he kill
Borden, Mr. Mason?
Paul found that out.
Borden caught
Fettridge stealing.
You see, in
Borden's line of work,
he dealt in payoffs
under the table, in cash.
Was Loretta Harper
in on the scheme?
She was.
Hamilton Burger is
drawing up indictments
against both of them.
Well, then it was no accident
when she picked up Dawn Manning.
Borden had taken those
photos of Dawn before.
They were gonna show
that she was there that night.
Then when you got in the way,
they decided to
frame you instead.
And it was no problem
to locate your car
and put the gun in
the glove compartment.
The way I see it,
Dawn Manning got by
by the skin of her teeth.
The way I see it, there's
more skin than teeth.