Perry Mason (1957–1966): Season 2, Episode 8 - The Case of the Jilted Jockey - full transcript

Jockey Tic Barton's wife tries to persuade him to throw a race to please gambler Johnny Starr, with whom she is having an affair. Tic refuses, but he loses the race anyhow. When Starr is killed, Tic is charged with murder.

Bright Magic worked
the mile in 1:36...

handily.

That's a good workout.

Mm-mmm, baby.

That's a great workout.

Tic's got a real live mount
for the Pacific Derby Saturday.

Maybe we can put
a bet on the horse.

Maybe Tic will be
good for something...

before I tell him goodbye.

Now is that any way for you
to talk about your husband?

And here you're gonna
have to grin and bear him...



for a while longer, anyway.

Why?

A deal came up.

What kind of deal?

One with money in it.

What kind of money?

$10,000.

I don't want $10,000.

What do you want?

I've got what I want.

I haven't.

Let's not kid ourselves, baby.

What we need is scratch, money.

Something that will make
Hialeah paradise this winter.



And I got a way
to get some of it.

How, Johnny?

By Tic losing the derby.

What?

He pulls the horse,
loses the race.

I got a call last night from
the operators of a future book.

They're overloaded
on Bright Magic.

So they're offering
up to $10,000

for Tic to pull the horse.

He wouldn't, not Tic.
You don't know him.

I know he's in
love with you, baby.

He brags about you all the time.

He's a big man when
he talks about you.

You're his star,
his shining rainbow.

He wouldn't throw the race.

He's never done
anything like that before.

There's always a first time.

Now, all you
gotta do is ask him,

but with the right questions.

Good to have you
riding for me, Tic.

This is a nice colt.
That was an easy work.

And that's all hogwash

about you losing
your nerve, eh, Tic?

I won't let you
down, Mr. Bannion.

You bet you won't.

We're coming home
with the bacon Saturday.

With the cup,
anyway, Mr. Bannion.

And with your name engraved
on the permanent trophy.

Right.

"23rd renewal of the Pacific
Derby, winner: Bright Magic.

Owners: Mr. and
Mrs. Dion Bannion."

How does that sound, Vicky?

Let's wait until the
race is won, dear.

Okay, I won't cash
my future book tickets

till after the race.

So long, fellas.

Eddie, walk him a good hour.

Right, Mr. Allen.

Come on, horse. Come on.

We've got a good chance, Tic.

Yes, sir.

The colt's got a
nice way of going.

He runs kindly for you too, boy.

I don't think you're
any different a jockey

than you were a year
ago before your spill.

Thanks for giving me
a chance to prove it.

Oh.

I'm a lucky man, Mr. Allen.

Lucky?

I think you've had more than
your share of bad breaks lately.

I've got an owner

who's proud to have me
ride his horse in the derby,

a trainer who believes in me

and a wife who loves me.

Gloria is a...

beautiful woman, isn't she?

She sure is, Tic.

Hiya, Gloria.

Mmm-mwah!

It's beginning to
shape up pretty good.

That colt's improving every day.

Tic...

Tic, now, don't get all upset.

I want to talk to you
about something.

It's about the Pacific Derby.

Well, what about it?

Well, it... It's such a
long shot for us to win.

That's what I've
been talking about.

Bright Magic had a
sensational work this morning.

He's got a great chance to win.

How many horses in the last year

have had a great
chance to win, and didn't?

Oh, Tic, I'm so tired
of always being broke,

so tired of never
having anything for us.

How can I convince you
that it will be different, Gloria?

If Bright Magic
wins the derby...

You can convince me, Tic...

if Bright Magic loses the derby.

If he loses the derby? But how?

If he loses?

You want me to pull the horse?

It's so much simpler to
lose a race than to win it, Tic.

I can get us $10,000 in cash.

You haven't thought
it all out, Gloria.

This is my comeback.

A win like this will
give the trainers

confidence in me again, and...

Who gave you this proposition?

Mm, somebody.

Is it that tout, Johnny Starr?

I thought I saw him
on the rail this morning.

No. There's no other way out.

It's got to be this way.

What way?

That I become dishonest,
that I become a thief?

You're putting
terrible names on it.

All I'm asking you to do

is to run into a blind
switch or get left at the gate.

It's got to be like that.

Got to?

I mean, I can't go
on like this anymore.

You mean we can't
go on like this anymore.

You'll..

You'll want a divorce?

Yes.

Is there another guy, Gloria?

Of course there isn't.
You know there isn't.

I-I-I kind of thought,
a few times lately...

Of course there's nobody else.

I've told you all about it.

I've tried to explain it to you.

Oh, I'm sorry, Tic.

You'll just have to
make up your mind.

Either you throw this
race, or I'll get a divorce.

Is it understood, Mr. Mason,

I'm paying you $100
for ten minutes time?

I want your advice.

I'm not saying I'll take it,
and I'm not saying that I won't.

It's understood, Mr. Barton.

This is strictly private
and confidential, isn't it?

Oh, I'm Mr. Mason's

strictly private and
confidential secretary.

As a jockey, I run across
it every once in a while:

Some sharpie
trying to put in a fix.

Someone's approached
you to fix a race?

Someone's approached my wife.

I see. Who?

I don't know.

That is... I don't
know for sure.

I think his name
is Johnny Starr.

Johnny Starr.

Now, you must
understand, Mr. Mason...

Well, my wife is a
beautiful woman.

But like most women,
she needs security.

You can't blame her for that.

She needs to feel
safe and needed.

Your wife wants you
to throw the race?

She's upset. She
doesn't really mean it.

But now she says...

if I don't throw the
Pacific Derby on Saturday,

she'll leave me.

Divorce?

I don't handle divorce
cases, Mr. Barton.

I love my wife, Mr. Mason.

I don't want to lose her,

and I don't want
to throw that race.

First things first.

A crime has been committed,
an attempt to fix the race.

My advice would be

to turn the matter over
to the proper authorities.

Then that would
be the end of it.

I wouldn't have any choice left.

If I decided that I
wanted Gloria more than...

I've never thrown
a race, Mr. Mason.

I've never done a
crooked thing in my life.

If you had, you wouldn't be
wrestling with yourself now.

If...

If I...

decide not to throw the race...

and Gloria still
wants a divorce...

will you help me, Mr. Mason?

Yes, I will.

Thanks.

I'll think it over.

Maybe we can supply Mr. Barton

with an ounce of
prevention, Della.

Get ahold of Paul.

See what he can dig
up on Johnny Starr.

Hi, Eddie.

Hello, Tic.

You should be
sleeping the night before.

Yeah. It was lonesome at home.

My wife's out someplace.

Yeah, I know.

How do you know?

She left a message for you, Tic.

She said if you had
anything to tell her,

you could reach her
at Webster-1-2499.

Where's that?
Whose number is that?

I don't know, Tic.

If I thought someone

was trying to take
Gloria away from me, I'd...

I'd... I'd kill 'em, Eddie.

Did you ever feel like that?

Like you could kill someone?

Hello.

Hello.

Who...? Who is this?

Johnny Starr.

Who's this? Barton?

Hello?

Hello?

Good morning, on this
beautiful Saturday morning.

Oh, so cheerful and
working too, Mr. Drake?

Morning, Paul.

A report on John
Woodruff Starr. Ready?

Just a minute.

Ready.

Well, he's not what
you'd call a steady worker.

His last regular employment

was the United States
Army 1946 through '48.

He was married June
1950, divorced October 1951.

Arrested four times for
suspected bookmaking,

no convictions.

Married for the second
time December 1953,

Las Vegas, Nevada,
to a French girl.

Divorced again?

I don't know,
we're still checking.

The, uh, girl went
back to France.

Paul, don't tell me

you got all this information
since yesterday?

I got more.

Johnny Starr is
a two-bit gambler,

and he does part-time work
for a gambling syndicate.

So it's possible
he might be trying

to fix the derby for
them on a fee basis.

You know, I'll just
never understand this.

Now, why would they
want Bright Magic to lose?

They offer odds months
before a race, Della.

Now, Bright Magic was 50-to-1.

They probably took a lot of
good-sized bets at those odds,

never figuring a horse
would improve so much.

Now, if Bright Magic wins,
it'll cost them a fortune.

Speaking of Bright
Magic in the Pacific Derby,

that reminds me.

What's that, Perry?

I thought we all might
go to the track today.

I'm curious to see how Tic
Barton rides Bright Magic.

What seats do you have?

Section E.

It just so happens

that I have three
seats here, section B.

Well, we'll use
yours. They're better.

All right. Hold it.

We'll use mine.

Box seats on the finish line.

Is the favorite, 8-to-5.

Plumber is 3-to-1, and
Bright Magic is 7-to-1.

The horses are
approaching the gate.

Take it easy. Take
it easy, Bright Magic.

We've got a long way to go.

Everything all right, Allen?

Everything's fine.

Tic seems nervous to me.

Can we trust him?

Got to. It's in his hands now.

It's up to Bright Magic and him.

The flag is up.

And they're off!

It's Sir Plumber
going to the front,

Hill Down is second,
Tracer is third,

then Bright Magic,
Fly Away and Sunburst.

Into the clubhouse turn, it's
Sir Plumber in front a head,

Tracer on the outside,
second, two lengths,

Hill Down is third,
then Fly Away,

Bright Magic on the
rail, Sunburst and Jigger.

Turning into the backstretch,

it's Tracer now taking the lead

and drawing clear by
a length and a quarter.

Sir Plumber is second,
two-and-a-half lengths,

Hill down third by two,

Bright Magic fourth,
Fly Away and Sunburst.

Bright Magic's moving up, Perry.

Turning for home,

and here comes Bright
Magic and Fly Away.

Fly Away on the outside,

but it's Tracer in front a head.

Bright Magic by a half-length,
and Fly Away on the outside.

Into the stretch,

it's Fly Away on the
outside by a half-length,

Tracer second a half-length,

and Bright Magic on the
rail looking for racing room.

It's Fly Away, Tracer
and Bright Magic.

Fly Away, Tracer
and Bright Magic.

At the 16th pole, it's
Fly Away by a head,

and now Bright Magic is
moving up to challenge him.

All right, Tic. Go
through, go through!

And now Fly Away
is pulling away,

and here comes Sunburst.

Down the wire, with Fly Away
in front and Sunburst outside.

And at the wire it's
Fly Away winning.

Sunburst is second a
length, Bright Magic is third,

and Tracer is fourth.

Bright Magic lost.

So, what happened, Barton?

Bright Magic never quit before.

The colt acted sluggish.

He didn't move
when I asked him to.

Well, you're moving.

You'll never ride for me again,

you're through!

You deliberately pulled it!

The colt didn't
have it, Mr. Bannion.

He backed up.

You too. I don't need excuses.

You're fired, all of you crooks!

You cheated me!

I don't know how,
but I'll find out.

If there was any business done,

I think I know who handled it.

Hello, Starr.

What is this?

Is Gloria here?

Of course not, is that
what you come up here for?

I wanna know how
you fixed that race.

Did you dope the colt?

Now, you look, Barton,
I'm sorry you lost,

but don't come up
here looking for an out.

You were outridden
in the stretch,

You didn't have the guts
to go through the middle.

You...

I want to know
two things, Starr.

I want to know how
you fixed Bright Magic,

and I want to
know about my wife.

Are you and she...?

Why, you little punk,
pulling a gun on me.

Wise up, little man.

Hey, is somebody shooting?

Name is John Woodruff Starr.

Here's his driver's
license and some papers.

Go on, Mr. Horty. Don't
let me interrupt you.

All right, lieutenant.

Well now, there
was this second shot,

so I knew it couldn't be
a backfire or anything,

so I went out into the hall.

And here was this
fella just sprintin' down,

almost reachin' the stairs,

and he was lookin' back
over his shoulder, like this...

and then on down
the stairs he went.

Close enough so that you
could recognize him again

if you saw him?

Oh, sure.

He was shot twice.

Once in the face, and again
when he was on the floor,

in the back.

How can you be so sure

you can identify this
man again, Mr. Horty?

You only caught that one
glimpse of him, didn't you?

Saw him hundreds of
times, Lieutenant Tragg.

Live in the building, does he?

Nope.

But you've seen him
hundreds of times?

In the paper...

Now, you remember, lieutenant,
I told you he was a shortie.

You remember I said he
was maybe 5'1 " or 5'2"?

Tic Barton, the jockey.

Why, yes, Mr. Mason.

Lieutenant Tragg asked
me a lot of questions.

Mostly, over and over,
about where Tic was.

Didn't Tic show up here at all?

No.

Does he own a gun, Mrs. Barton?

Yes. He has a permit for it.

Where does he keep it?

It's in the bureau
drawer in the bedroom.

The police asked me that too.

Is it there now?

No.

Mrs. Barton, I want you to
know that Tic came to my office

and told me all about
the attempted bribery.

Oh?

Who offered the bribe?

Johnny Starr.

Of course, I really
wasn't serious about it.

I admit, I considered
it for a little while.

We needed the money so badly.

Didn't you threaten
Tic with a divorce

unless he threw the race?

Why, no, Mr. Mason.

Did Tic say that?

Johnny Starr was quite a
good-looking young man.

Was he? Did you
know he was married?

Was I supposed to?

Are you thinking

that Johnny Starr and I
might have been in love?

And that because he was
married and didn't tell me,

I might have had a
reason to kill him?

Mightn't you?

That's ridiculous.

What else did
you tell the police?

Nothing, really, Mr. Mason.

Just what I've told you now.

The police issued a
warrant for Barton's arrest.

They found an eyewitness
who identifies him

as being on the
scene of the crime.

Barton's fingerprints were
found on the door panel

and in the murder room.

What about the murder weapon?

Tic Barton's,
registered in his name.

They've got a pretty good case.

Tic's wife and Johnny
Starr were very chummy.

There's a rumor that Tic
may have pulled his mount,

and Starr reneged on the payoff.

Rumor?

Yeah, it's flying around
the homicide offices.

Where'd it start, Gloria Barton?

Strangely enough, Perry, no.

She seems to be on Tic's side.

What other side's
left? Starr's gone.

Paul, if you were
gonna fix a race,

and you weren't sure
you could depend

on one person to come through,

what would you do?

Take out insurance. How?

Hire somebody else.

Get two people
working independently,

have two chances
to get the job done.

You mean one with the
jockey, the other with the horse?

There's a rumor about
Bright Magic being doped too.

I've got information

about Johnny Starr's
activities in the barn area

in connection with Eddie
Davis, the assistant trainer.

Let's get over there, Paul.

Can I be of any help?

You better stay here, Della,

in case Barton calls.

No, I don't know
where Mr. Allen is.

He was fired too.

Just packin' my things.

What happened, Davis,
you get kicked by a horse?

No.

There's a rumor Bright Magic
was doped for the Pacific Derby.

Why? Because he lost?

Can't a horse lose or win
without him being doped?

Sure, but there's always

some reason for
losing, isn't there?

Suppose Bright Magic
was doped, Eddie?

Any idea who might've done it?

Now look, Mr. Allen
and I took shifts

guarding Bright Magic.

From Friday evening
on, to post time Saturday.

I know I didn't do it, and I
don't think Mr. Allen would.

Now you can't watch
a horse every second.

And it only takes a second
to put a needle in him.

Don't they automatically
test each horse,

following every race?

No, just the winners.

Who roughed you up, Davis?

Now, look, I told you
that's my own business.

Coulda been Johnny Starr.

Sure.

He hired you to
dope Bright Magic.

You did the job, and he
reneged on the payoff.

So you had a fight with him.

Just because I'm all banged up?

Who did it, Davis?

Hey there. Easy,
boy. Whoa, whoa.

Come on there. Slow down there.

Now come on there. That's
all right, baby. Come on.

Easy, easy.

Whoa. Come on.

Slow down there.
That's all right.

Come on, baby.

Easy, easy. That's
gonna be all right.

Come on now.

There's a phone call for you.

You can take it in
the barn extension.

Mason's office?

No.

You've been avoiding his
phone calls, haven't you?

Mason wants to talk
to me about Tic Barton.

I don't want to talk to him
about Tic or anything else.

Mason's a very dangerous man.

Dangerous?

I mean, he can... He
can twist things around,

make you seem to say things
that you don't mean at all.

I've heard a lot about him.

He's a very clever man.

Just on general principles,

I'd rather you didn't
speak to him either.

Hello.

Hello, Mr. Bannion.
It's me, Eddie Davis.

What do you want, Davis?

We finished our
business last night.

Oh, no, Mr. Bannion.
That was just a start.

You see, Perry Mason was
here a couple of minutes ago,

and he asked
about this black eye.

He thought Johnny
Starr gave it to me,

but I was a real pal,
I covered for you.

I didn't pop that you were
the one that slugged me.

I wouldn't care if you
told the whole world.

What was that?

I said, "You'd better think
about it, Mr. Bannion."

Suppose the cops heard
that you were up to my place

on the night of the murder,

trying to find out who
doped Bright Magic.

And you finally admitted
it was Johnny Starr.

I admitted it was Johnny Starr

after you beat the
living daylights out of me

and chased out of my
place like a four-alarm fire!

The next thing I
read in the paper

is that Johnny
Starr is murdered.

That's a funny coincidence,
ain't it, Mr. Bannion?

I'd like to talk
to you about it.

I don't want you coming here.

I'll see you at the stable.

You won't be sorry, Mr. Bannion.

I'm a very reasonable man.

Very reasonable.

This, uh, Bob Allen has
been more than a friend to Tic.

He's helped him with
cash and given him mounts

when no other trainer would
have anything to do with him.

Mr. Allen?

Yeah.

My name is Mason.
I'm an attorney.

This is Mr. Paul Drake.

Howdy.

May we come in?

Why not?

I'm sorry Bright Magic
lost the race, Mr. Allen.

Lose a $2 bet, Mr. Mason?

As a matter of fact, I did.

Well, I lost a bet too.

I'm also sorry you
lost your job as trainer.

That really hurts.

Do you know what
a trainer has to do

to get a horse
like Bright Magic?

Starts out a gyp at the fairs.

$200 claimers: lame,
brittle, wind-broken.

Then you work yourself up,

but you don't find a
horse like Bright Magic.

Oh, no, they don't even
run at the half-milers.

You have to sort of graduate,
move up to the mile tracks.

Then to the Big Apple.

Big Apple?

Yeah, Saratoga, Belmont.

You know, the
equivalent of Santa Anita

and Hollywood Park out here.

And then you work and
slave and pray and hope

that you'll find a
horse like Bright Magic.

Even then, as 6-to-1
even, you'll never make it.

Anyway, I almost had
a derby winner, didn't I?

Well, goodbye, Bright Magic.

Was that horse doped?

Could've been.

Are you, um, married, Mr. Allen?

No.

Live alone here?

Yes.

Aren't those shoes
a little small for you?

Where is he, Mr. Allen?

Who?

Tic Barton.

It seems we meet in the
strangest places, lieutenant.

Yes, doesn't it?

How about answering
the question? Where is he?

Who are you?

Lieutenant Tragg, Homicide.

We got a call that
Barton's hiding out here.

A call from whom?

Someone we've done
business with for a long time,

His name is anonymous.

Tic!

It's okay, Bob.

You'll have to come
along with me, Barton.

I went to Starr's apartment.

I wanted to force him to
confess that he doped the horse.

You don't know who made
the noise in the other room?

No.

What happened after
Starr threw you out?

I got up and heard the shots.

I realized my gun
was back in there,

so I tried to go back in.

But the door was locked.

I took off.

And then this fella
from the other apartment

came into the hall.

Then I... And I ran.

Right to Bob Allen?

No, I went home.

Where was your wife?

You don't think she was
in Starr's other room?

I don't know.

How'd you happen
to go to Allen's?

He phoned, I told him
what had happened.

Who do you think
tipped off the police

as to where you were staying?

I don't know.

Why didn't you call me?

I was scared.

Almost as scared
as I was to find out

if you wanted to
be my lawyer or not.

I didn't think you
could throw a race.

How could I think
you'd murder someone?

Yes, sir. This is
the murder weapon.

Ballistics has checked it out.

Has a police permit been
issued, and is it registered?

Yes, it is.

To Francis "Tic"
Barton, the defendant.

I see.

Now, lieutenant, what else
was found in the murder room?

Well, we found
some fingerprints.

Yes. These prints
have been identified

as belonging to the defendant.

Whereabouts in the murder
room were they found?

Well, the full handprint
on the coffee table,

the one near the davenport,

and this print of
a middle fingertip

on the door panel.

I see. Thank you, lieutenant.

If it please the court,

I should like these photographs

and this gun marked
for identification.

No objection.

Your witness.

No questions.

Step down, lieutenant.

Now, all these
apartments are the same.

So there's no rear-door exit.

He had to come
out the front door.

Could you identify
this man in the hallway?

Sure. Tic Barton, the jockey.

What time was this?

Well, it was a couple of
seconds after the shots.

Must have been around 7:30.

Mr. Horty, how well did
you know Johnny Starr?

Just to say "hello" to. You
know, apartment neighbors.

How many times did
you say "hello" to him

in the past few weeks?

Twice or three times,
when he was alone.

And a couple of times

when he was escorting a
woman into his apartment.

A woman?

Was it the same woman
on both occasions?

That's right.

I ask you now to look
around this courtroom

and tell us if that
woman is here today.

Sure. It's that woman.

The lady sitting there
in the second row.

Are you positive
of that, Mr. Horty?

The lady that you're pointing to

is the wife of the
defendant, Tic Barton.

Well, I'm sorry about that,

but I couldn't mistake her.

Not her.

Thank you, Mr. Horty.

Your witness.

Mr. Horty, after
hearing the second shot,

how much time elapsed
before you came into the hall?

Oh, not long.

How long is not long?

Uh, 15 seconds, maybe.

Maybe more?

Maybe.

I don't want to
bait you, Mr. Horty,

but a man's life is at stake.

You heard the first
shot, is that right?

Oh, yes, but I thought
that was a car backfiring.

But it did alert you.

I mean, you stopped and
thought, "What was that?"

Yes, that's right. I did.

The door to Johnny Starr's
apartment was closed,

your door was closed,

yet you heard the shots?

Well, these apartments
are far from soundproof.

You can hear voices
in the halls sometimes?

Oh, sure.

And now you were
listening intently?

Well, I guess so. I was
on my way to the door.

And you heard nothing more?

Nothing. All right.

You opened your door,
you looked down the hallway,

and you saw the defendant
near the top of the stairs?

That's right.

In between the second shot

and the time you
reached the hallway,

you heard nothing?

Nothing.

Not even the door

of Starr's apartment
opening and closing?

No, nothing.

Then how did Tic Barton
get out into the hallway?

Well, he just...

Why, I... I don't know.

He could have gotten
out before the first shot,

couldn't he?

I mean, you
weren't alerted then.

You could have heard a
door opening and closing.

You would have
paid no attention to it.

No, I wouldn't, that's right.

Mr. Horty, you saw
Barton run down the stairs.

What did you do?

I went across to Starr's
apartment, and I rang the bell.

Then I called out,
but nobody answered.

So I rushed to my apartment
and called the police.

While you were
calling the police,

the murderer could have gently
eased out of Starr's apartment

and quietly made his
way out of the building.

Your Honor, I object.

That calls for a
conclusion of the witness.

I'll withdraw the question.

I have no more
questions of this witness.

Step down, Mr. Horty.

I call Robert Allen.

And now, Mr. Allen,
what did the defendant say

when Mr. Bannion accused
him of throwing the race?

Tic denied it,

said the colt acted
sluggish and didn't put out.

He inferred that the
horse had been doped?

MASON I object, Your Honor.

Prosecution knows
that's a leading question.

If the court please,

this is at best, a
hostile witness,

a longtime friend
of the defendant,

a man who harbored him

when the defendant
was wanted by the police.

I ask the court's recognition
of this man as a hostile witness.

Proceed, Mr. District Attorney.

Thank you, Your Honor.

Now, Mr. Allen, did the
defendant say, quote,

"If there was any business done,

I think I know who
handled it," unquote?

Yes.

When the defendant secreted
himself in your apartment,

did he tell you that on
the night of the murder,

after he left the
track, he went home,

got his gun and then went
to Johnny Starr's apartment?

Yes, but that doesn't...

I think this court
is quite capable

of making its own
interpretation, Mr. Allen.

Thank you.

Your witness.

Mr. Allen...

when the defendant was
staying in your apartment,

did you tell him
to give himself up?

Yes, I did. But he
was afraid, Mr. Mason.

You can understand that.

So you let him stay
on for those two days,

just long enough to establish
him as being in hiding,

and then you turned him in?

Didn't you telephone the police

and tell them Tic Barton
was in your apartment?

He didn't kill Johnny Starr.

I didn't ask whether
he did or not.

I asked you if you
called the police.

Yes.

I called the police.

After I thought it over,

I realized the longer
Tic stayed in hiding,

the worse it would look for him.

I thought this was the best way.

That will be all, Mr. Allen.

You may step down, Mr. Allen.

Did you have a conversation
with the defendant

the night before the derby?

Yes, sir.

Would you relate to this court

the substance of
that conversation?

Yes, sir.

I relayed a message
to Tic from his wife

that if he had
anything to tell her,

he could reach her
at Webster-1-2499.

Did you subsequently learn
whose phone number that was?

Yes, sir, I did.

Johnny Starr's.

All right.

Now, Mr. Davis,
would you please tell us

what the defendant said

when you gave him the
message from his wife?

Well, he said that if
he thought somebody

was trying to take his
wife away from him, he'd...

He'd kill them.

Thank you.

Your witness.

Now, Mr. Davis,
were you acquainted

with the deceased, Johnny Starr?

Yes.

Did he approach you to
help fix the Pacific Derby

by tampering with
a horse in any way?

No.

Your Honor, I object.

That question's incompetent,
irrelevant and immaterial.

It's also improper
cross-examination,

touching on matters
not covered in direct.

Mr. Mason?

Your Honor, I'm inquiring into
possible bias of the witness.

Objection overruled.

Thank you, Your Honor.

Now, Mr. Davis, I have no desire

to trap you with
the next question,

but I must tell you
that a private detective

saw you in the
company of Johnny Starr

on at least two
different occasions

in the 48 hours
immediately before the race.

Now, isn't it true that
Starr offered you a bribe

to throw the race?

Well, he offered it.

How much did he offer?

$5,000.

$5,000 is a lot of money.

It's understandable, it
could be a great temptation.

And doping a horse
isn't murder, is it?

Your Honor, don't
you think Mr. Mason...?

Now, tell the court,
Mr. Davis, isn't it true

that you did
accept Starr's offer,

that you did dope Bright Magic,

that after the race you went
to Starr's apartment to collect,

that he tried to
welsh on paying off?

So you had a fight

in which he gave
you that black eye?

Okay, I did dope the colt!

So you did lie before?

Yes, I lied about
doping the horse,

but I didn't have
any fight with Starr!

He gave me the money!

Your Honor, I object
to this whole procedure.

I can put a witness on the
stand to clarify the matter

of the fight and the
facial lacerations.

Then do so, Mr. Burger.

That is, if Mr. Mason

is finished with his
cross-examination.

Yes, Your Honor.

But if it please the
court, I would like

to reserve the right
to recall this witness.

Very well.

Stand down, Mr. Davis.

I call Dion Bannion
to the stand.

Now, Mr. Bannion...

do you know the
previous witness,

Eddie Davis?

I do.

He used to be in your employ?

Yes, sir.

On the night of the murder,
did you see Eddie Davis?

Yes. He wanted his
job back. I had fired him.

Would you tell us,
please, what happened?

Well, I lost my temper. I
have a terrible, quick temper.

And what did you do?

I hit him. I can't
excuse myself,

but winning that race
meant everything to me.

So I blamed everybody.
I blamed the whole world.

And you assaulted Eddie Davis?

I hit him a couple of times.

I guess it must have been
harder then I meant to,

because the next
day, when I saw him,

he had a split lip and
a welt under his eye.

So you're the one who gave
Eddie Davis that black eye?

Yes, sir.

That's all,
Mr. Bannion. Thank you.

Your witness.

Just a moment, Mr. Mason.

Do you anticipate a
lengthy cross-examination?

Yes, I do, Your Honor.

Well, since it's
almost 5:30 now,

I think this would be
a good time to adjourn.

Court stands adjourned
until 10:00 tomorrow morning.

I, uh, saw your light on.

Just burning a
little midnight oil.

How's it coming?

Well, it isn't.

I was so positive that Starr
gave Eddie Davis that beating,

it all worked out
so beautifully.

Well, maybe this
Bannion was lying.

It's possible.

If you would place any
stock in a woman's intuition,

I'd say that Mr. Bannion
was telling the truth.

You know, the way
he described Davis

when he saw him the next day...

Della!

What?

You're a doll.

I didn't think you noticed.

Come on, let's get out of here.

I imagine winning
the Pacific Derby

is a cherished dream for a
horse owner, Mr. Bannion?

Like winning the Kentucky Derby.

So it would be a double blow
to have a man like Johnny Starr

dope your horse or cause
your horse to be doped?

What do you mean, a double blow?

Johnny Starr was an
agent for gambling interests

who were concerned
with a large, future book bet

on Bright Magic,

50-to-1 on the horse.

How much was your bet?

You're barking up a
wrong tree, Mason.

How much was your
bet, Mr. Bannion?

$2,000.

At 50 to 1, that's $100,000.

Plus the purse,

that's a lot of money to lose

because someone
doped your horse.

Now, you testified
on direct examination,

that you assaulted
Mr. Davis on derby day.

That's right.

What time was this?

Around 8:30.

Are you sure?

I'm positive.

The reason I ask, Mr. Bannion,

is because you also testified

that when you saw
Mr. Davis the following day,

he had a black eye.

That's right.

Why did you see him
on the following day?

I'm not sure I understand you.

I think you understand
me perfectly, Mr. Bannion.

He was a man whom you'd fired,

a man who admitted
doping your horse

and whom you'd assaulted.

I want to know why
you saw him again,

when common sense tells us

he'd stay as far out of
your sight as possible.

Well, Mr. Bannion?

Davis came out to
my place to see me.

That tells us the
where, Mr. Bannion.

Now tell us the why.

He threatened
to go to the police.

Certainly not over that beating.

If he wanted to see the police,

he'd have gone the same night.

The reason I gave
Davis that beating

was to find out who was
responsible for doping my horse.

You had no idea it
was Johnny Starr?

No.

But you did beat the
truth out of Eddie Davis?

Yes.

All right.

Now, what did you
do to Johnny Starr?

Nothing!

You would have us believe

that when you learned
the name of the man

who was responsible
for your defeat,

you did nothing?

Then why did Davis come to
your home the following day?

I asked him to

when he threatened
to go to the police.

How did you persuade
him not to go to the police?

I gave him $5,000.

You gave him
$5,000, Mr. Bannion?

I knew how it would
look to the authorities...

You mean, they might ask
embarrassing questions,

such as, "Did you go
up to see Johnny Starr

on the night of the murder?"

I'll ask that question
right now, Mr. Bannion.

Did you go up to
see Johnny Starr

on the night he was murdered?

Yes, but he was dead.

I tell you, he was
dead when I got there!

I swear that's the truth!

If it please the court,

I reserved the right
to recall Edward Davis.

I ask now that he be
returned to the stand.

Mr. Burger?

No objection, Your Honor.

Edward Davis to the stand.

Step down, Mr. Bannion.

You're still under
oath, Mr. Davis.

Mr. Mason.

Your Honor.

Well, you were quite a
busy man on derby day,

weren't you, Mr. Davis?

First you performed the
chore of doping a horse,

and then you followed
it with a little blackmail.

It wasn't blackmail.

Then what would you call it?

Or did you find some detail
in Mr. Bannion's testimony

that was false?

No, no.

But it wasn't blackmail.

I was entitled to some dough,
after the beating he gave me.

You hit upon the sum of
$5,000 as fair compensation?

That's right.

But it wasn't blackmail?

Now, look, I don't
care what Bannion said,

he made it sound like

I thought he
murdered Johnny Starr!

When we all know
that wasn't possible.

What?

You agree that
Mr. Bannion assaulted you

at 8:30 that night.

Yeah.

At that time, Johnny Starr had
been dead for nearly an hour.

Mr. Horty testified he
heard the shots at 7:30.

I didn't know that.

You should have, Mr. Davis.
You fired those shots.

You're crazy. Why should I?

Because Johnny Starr
double-crossed you.

He refused to pay off when
you doped Bright Magic.

Look, I told you he
gave me five grand.

That's what you
went to his place for,

to have it out with him.

In the midst of the discussion,

the defendant
knocked at the door.

You went into the kitchen.

When Johnny Starr threw Tic out,

you returned from the kitchen,

picked up Tic's
gun, and killed him.

I tell you, you're wrong!

You ain't gonna let him
frame me, are you judge?

Look, I admitted
doping the horse,

and I blackmailed Mr. Bannion.

Why? Because I needed dough!

But you claimed Johnny
Starr gave you $5,000.

He did. I needed ten.

What for?

For a deal I was going into.

What kind of deal?

It doesn't matter.
It fell through!

Then you still must
have that $10,000.

I have here

a certified copy of
your bank account

at the Van Nuys
Banking and Loan.

Would you please read
your current balance?

Go on, read it, Mr. Davis.

Very well, I'll read it for you.

"$5,108."

Now, where's the other $5,000?

That $5,000 can save
your life, Mr. Davis.

Can you produce it?

I'm afraid you'll have to
ask Mr. Mason that question.

Mr. Mason, what put
you on Eddie Davis?

When he talked about
accepting Starr's $5,000 offer.

At the time, he thought it was
better to admit doping a horse

than to be involved
in a murder charge.

When you started pressing him

on the $5,000 he got
from Mr. Bannion...

He overlooked the fact that
one event didn't tie into the other.

Yes, you see, it works
like a jigsaw puzzle.

All these pieces
have to fit together.

Well, it sure worked for me.

I can't tell you, Mr. Mason,

how wonderful it is to be free.

I think I know, Tic.

Yes, Gertie.

Oh. It's for you, Tic.

It's your wife.

I got nothing to say
to her, Mr. Drake.

Like I told you, Mr. Mason,
it's wonderful to be free.

And from now on, I'm gonna
pick on girls my own size.