Beyond a Reasonable Doubt

DOCTOR: I pronounce this man dead.

Score another one for Thompson.

-Austin, you don't think much of the District Attorney, do you?

-On the contrary. He's very able.

-Then why attack him in editorials?

-Because he's aiming for Governor over the bodies of executed men.

I'm against capital punishment. That's why I wanted you to witness that execution.

After you've seen one, you've...

-Did you ever meet Thompson?

-No.

-He just came in.

-Guess I'd better talk to Spencer.

-You looking for trouble?

-Why wait? I might as well hear it now.

-Join me?

-No, thanks. I'll read it in tomorrow's paper.

Roy!

-Austin!

-I'd like you to meet Tom Garrett. Our District Attorney, Roy Thompson.

-Join us?

-Thanks.

-Care for a drink?

-No, not now.

-I enjoyed your novel, Mr Garrett.

-Thank you.

-So, are you pleased with yourself?

-Not particularly. Why should I be?

Oh...

-Peters committed a murder.

-It doesn't bother you to send him to the electric chair?

I presented the facts to a jury. They decided, beyond a reasonable doubt, that Peters was guilty.

There were no eye witnesses... only circumstantial evidence which you handled masterfully.

-You think he was innocent?

-Could be.

-The jury didn't think so.

I've sat in enough courtrooms to know that an able prosecutor

can make a jury believe a thing is fact when it isn't, especially without a good defence.

-Would you have circumstantial evidence ignored?

-No, I just don't think his life should be taken.

There are 6 states in this country that don't have capital punishment.

But THIS state does. I'm sworn to uphold the laws of THIS state.

-It's good to see you, Austin. I'm happy to have met you, Mr Garrett.

-My pleasure, sir.

-He seems friendly enough.

-Why not? I'm always fair to him. We just don't agree on capital punishment.

That's an argument that's been going on for centuries. Don't think you two will settle it.

I think I can. But not by talking about it. I must get back. Joe!

-Can I drop you anywhere?

-Susan's meeting me here.

-Getting serious?!

-Any objections?

-No, or I wouldn't have let you leave the paper when you wrote that novel.

-What's that got to do with it?

-My daughter has expensive tastes.

I don't think you'd have made progress on the salary I paid you.

Hello!

Hi!

-I couldn't reach the top of HIS head.

-You didn't try hard! If you can spare me...

-We'll manage.

See you later.

Sit down.

Thank you.

-Would you like a drink?

-No, thanks.

Thanks.

Well, what would you like to do?

-I feel like dancing.

-At 5 o'clock in the afternoon?! I'll take you dancing tonight.

-I feel like dancing NOW.

-All right. Where?

-I've never seen your apartment.

-Aren't we mixed up? That's supposed to me MY line.

-But you've never used it!

# It all began the day I looked at you,

# You were just like the girl... #

Next month makes you a June bride.

PHONE RINGS

-Let it ring.

-No, answer it. I have to go home.

-I'll drive you.

-PHONE RINGS

-Never mind. I'll take a cab.

-Hold on, will you?... What time shall I pick you up?

-About eight.

And tell her you're spoken for.

Hello?... Yes...

It works, too!

-Thanks.

-I couldn't go through life watching you search for matches.

It's beautiful...and so are you!

I'm glad you two finally set a date.

-Er...I'm afraid we might have to postpone it for a while.

-Oh?

The telephone call was my publisher. He hit the roof when he found out how much progress I HAVEN'T made!

-What's that got to do with being married?

-Well, I'll have to buckle down and write it.

-There ARE successful writers who are married!

-But I'm not successful yet, Susan.

One book proves nothing. The second is very important. I have to concentrate on it.

-You understand, Austin?

-You can't afford a let-down now.

-I hope you understand?

-Of course. I wouldn't DREAM of forcing you to do anything you don't want.

-Susan!

-Yes?

Darling, I love you very much. I want our marriage to start right.

I'll have to finish the book first. I can't write if I'm distracted.

Being married to you WILL be distracting.

-Are you saying, if we were married you'd be too distracted to write?

-Hope so! I'll try to get used to it.

All I'm asking is that we postpone it for a while. Then we can start with nothing on our minds but us.

Write fast, will you?

I've been thinking about what you said today about capital punishment.

-You get engaged and think about capital punishment?!

-I'm serious.

-I haven't been able to get it out of my mind.

-So you agree with me?

I'm not sure... But the idea that an innocent man could be executed, kind of bothers me.

-It might be a subject for a book.

-A book wouldn't prove anything.

-It can only be proven by a fact that no-one can deny.

-How?

By having someone whose innocence I could prove, arrested and tried for a murder he didn't commit.

-It wouldn't work if the police had any suspects.

-In a city like this, homicides occur quite frequently.

Sometimes the police are completely baffled.

They have no clues, nothing to go on.

I believe, in such a case, it would be possible for an innocent man

-to plant evidence that would lead to his conviction.

-A case like that NEVER comes up!

You said a case like this never comes up!

Here it is. A burlesque dancer found strangled with a stocking in a ravine just outside town.

Now, the police have no clues...

You think we could have someone who is innocent convicted and sentenced for this?

Don't you?

I don't know.

But I admit that it would make a great story.

Who could we get as guinea pig?

You.

Me?!

Well, why not? It requires someone with imagination, ingenuity... someone who would be believable.

A victim of circumstances. You could do it.

It's a weird, crazy idea. Maybe that's why it intrigues me.

What about the risks?

You might be acquitted, but, if we're lucky, you'll get the chair.

That's the part that bothers me!

That's where I'd come in. After you were sentenced, I'd reveal the details of our plan.

I have standing in this community. You'd be pardoned automatically.

-You make it sound VERY simple.

-It would be!

I've being trying for years to have this law changed.

We'd be criticised for our methods, but if we accomplished something...

-How can you be sure the police have no suspects?

-That's easy.

PHONE RINGS

Charlie Miller... Yes, sir... Just a moment...

..Yes... The Patty Gray case? Lieutenant Kennedy's handling it.

It looks like a good story. Do you think you can find out what they REALLY have on it?

-'I think so, but Kennedy may want it off the record for the time being.'

-We'll cooperate.

-But I want to know everything.

-'Yes, sir.'

If they haven't got a suspect, we'll give them one.

We've got 50 suspects! Guy at the stage door couldn't keep track!

Any prospects? Doesn't look good.

We've got a few descriptions we're checking out now.

The only thing we know is that she lived alone at a rooming house.

Strange... Why?

After her body was found, we went over her room. It had been ransacked. We couldn't find a thing!

No address book, no fingerprints...

Those club girls are here. Send in Joan Williams first.

Miss Williams?

Sit down, Miss Williams.

You once lived with Patty Gray. Is that correct?

For a little while.

You were good friends? I hardly knew her. But you lived with her?

I came to work at the club a few weeks ago... I didn't have any place to stay.

Patty offered to let me stay if I paid her 15 a week.

(I think she needed the money.)

You moved out just before the murder.

Why? Did you have a fight? No!

She told me to get out! Just like that...for no reason.

I thought she needed money. I did, too!

I asked her about it. She just laughed and said she didn't need my lousy 15!

She had an awful lot of money with her that night.

Did she say where she got it? No, she just said to get out.

Can you tell us anything to help us find her murderer?

I wish I could, but I can't help. I've only been here 2 weeks. This is my first job.

Thank you for coming in, Miss Williams.

Send in the other two.

What do you want with us?

I want to ask you... During the night?! It's 2.45!

We artists need our sleep. Gotta keep in shape. Doing a good job!

How about breakfast? Coffee?

What, no doughnuts? No doughnuts. Hmph!

Yuck! You need a knife and fork!

You shared Patty's dressing room. What was she like?

OK. OK?! A creep!

What? A tramp! And her private life?

Nobody knew much about that. She wouldn't have won popularity contests.

If nobody knew much about her, why was she so unpopular?

Knew her a little - you didn't like her. Knew her good - you despised her.

We're trying to find her killer. If there's any co-operation you can give us...

Oh, tell him! I can't drink more coffee.

I never got a good look at him! Who?

The guy who picked her up. That night?

We left the club together. There was a fella waiting for her. They drove off.

What did he look like?

Well...he was sort of average build.

He had a grey topcoat, a brown hat and smoked a pipe.

See his face? They drove off too quick.

What kind of car? A dark, new sedan. I don't know what kind.

Get the licence number? What for?!

-It's 6 days and the Police don't have much.

-Only a vague description of the man who picked her up.

-Think they'll develop anything from that?

-I doubt it. It's not much of a lead.

Well, I think I'm ready to risk it now. What about you?

I can easily make myself the man in the grey coat and brown hat. I even drive a dark car.

We must remember that any evidence we plant MUST be things that COULD happen to any innocent suspect.

-What about Susan? Do we let her in?

-I'd rather not.

The police are certain to question her. Under pressure, she might let something slip.

-Seems like an awful thing to do!

-She loves you. She'd NEVER believe you did it.

-Hope you're right.

-She'd try to help.

-Just you see she doesn't try hard or we might have trouble getting me convicted!

-What's the next move?

-What about an evening of cultural entertainment?

Didn't some of these girls share a dressing room with Patty Gray?

-Yes...Terry Larue and this blonde, Dolly Moore.

-How do you know?

-Charlie Miller said so.

-Oh.

-May I take your things?

-Any time!

-The HAT.

-Oh(!)

SMOOCHY MUSIC PLAYED ON CLARINET

APPRECIATIVE MALE LAUGHTER

-What impression did you get about her from Charlie?

-No genius, but not stupid, either.

WOLF WHISTLES

LOUD APPLAUSE AND WOLF WHISTLES

What'll you have?

-Do you have any suggestions as to how I might meet Miss Moore?

-The artists don't date customers.

The artists eat across the road.

Scotch and soda, please.

JAZZ MUSIC PLAYS

-Oh...

-You drunken crumb!

-I'm terribly sorry!

-Having a good time?

-I was only trying to help...

-Who? You or me?

-Well, could I pay for the damage I've done?

-That's the least you can do.

-I don't seem to have much...

-Wouldn't you know!

Atchoo!... I'm sorry!

-Well, could I get in touch?

-You've touched enough already.

I apologise for the trouble I've caused you.

I think he's a doll! Crumb!

-Grey tweed looks particularly well on you, sir.

-That's fine.

-I'll take it. How much is it?

-That'll be 39.50.

-I'll just wear it.

-There you are.

-Thank you, sir. I'll get your change and receipt.

OK.

-Wait a minute. Why don't you get in the picture - in the mirror?

-Good idea.

This ought to be about right.

-Can you direct me to Miss Moore's room, please?

-Room 2.

-Thank you.

-Hi! I'll be back in a minute.

-I was looking for Dolly Moore.

-Oh!

You again! Get lost!

I hate to bother you, but I told you I want to pay for that outfit I ruined.

-So, if you'd tell me how much it cost...

-I don't remember, but it was very expensive, of course.

Of course! Would, say... 100 cover it?

Well, it probably cost more, but I'm not greedy like some girls.

I'm sorry I lost my temper, but...

-..my performances are VERY tiring.

-I can imagine!

Just to show no hard feelings would you let me buy you dinner?

-I...don't usually...

-I understand. Ever been to the Continental?

Hey... I hear that's a real CLASSY place!

-It's very nice. Would you like to go there tomorrow?

-Say!... You're all right!

So are you. See you tomorrow.

-Good night.

->

Goodbyeee!

Cheers!

Hello.

You look ABSOLUTELY wonderful!

You've neglected me, so I'm showing you what you've been missing.

-What can I fix you to drink?

-Oh...sherry.

-How's the book progressing?

-Oh, it's...coming along.

-A lot of research involved.

-I'll try to keep your mind off it. What do you want to do after dinner?

I know what I'd LIKE to do!

But I have to get back to work. You asked me to write fast.

-I wish it were finished!

-So do I! I don't enjoy this anymore than you.

-Do you believe that, Father?

-Hate to think he was having a good time.

-Hello.

-Oh... Hi!

-All right if I wait here for Dolly?

-If you're in a hurry, I'm ready.

-Thanks for the offer.

-Anytime.

-Cigarette?

-No, thanks.

-What's this?

-Body make-up.

-Do you all use the same kind?

-Uh-huh. Why?

-Did Patty Gray use this kind?

-Yeah. Did you know Patty?

-No.

Just curious. Her hair wasn't like yours and Dolly's.

How do you know it wasn't?

Her picture was all over the papers.

Lot of good her publicity does her now!

-Give me a hand with this.

-Sure. Have more trouble getting into it than getting out, huh?

-True!

-Hello, Dolly.

-You two having a good time? Just entertaining him.

I can do my OWN entertaining!

Can't I?

SUSAN: "A rising young author, whose initials are Tom Garrett,

"was seen with a dazzling blonde last night at the Continental.

"We wonder what Susan Spencer thinks of this"

-Is this "research"?

-Don't get upset...

It's natural for you to celebrate OUR engagement with some blonde(!) Have a good time?

-I'm trying to write a book.

-About women?

-That is part of it.

Oh, Tom! I'm hardly a prude and I think I'm...reasonably modern.

If you're giving your ego a fling, have fun. But dishonesty? Not with me!

-Susan, this is something I HAVE to do.

-All right. Give me one good reason why.

I...can't explain it NOW. But you'll understand it later. Just trust me.

You were on Page 4 three weeks ago and you're on Page 4 now!

-Slow writer! You don't write at all.

-Susan, there's a point to all this.

I've just got it. You're obviously distracted enough without me.

I'll make things easy for you. You wanted a postponement? Oh, dear boy...you've GOT ONE!

-She was pretty sore.

-It's no fit of temper. She means it.

-I know. What could I do?

-We agreed not to tell her.

-But I don't want to see your happiness or hers jeopardized.

Neither do I!

But I think it will be all right when we tell her what we're doing.

-You're sure this is where they found her?

-Oh, yes.

There were enough pictures of it in the newspapers.

They found the body down there.

I hope the police find this. I'm sentimental about it.

Can you get the paper's date in?

If I get close enough.

They ought to find it in there.

-When shall we work on the car?

-Tonight, after dinner with Dolly.

Has she seen you in the coat yet?

She will tonight.

There you are.

Pretty good.

Thanks for dinner. Sorry I don't have more time.

-How about later? We could go for a drive.

-Sounds great. Hey, we'll be late!

-See you later. Night.

-Night.

Want a candy? Uh uh.

Hey, Terry! Quit digging the scenery.

I thought we were late!

How much do you know about HIM? Best score I've made in ages.

Maybe you shouldn't get so chummy with him. And watch YOU move in?!

No kidding. Remember poor Patty. Come on!

You notice what he was wearing?

Grey tweed coat, brown hat, and how about that new black car?

Your head's draughty! He's got class.

So, why's he with you? Why not me?

I didn't mean... No?!

Aw, you figure it. His looks and dough - what's he shopping around the basement for?

You got...! Here's the aspirin I owe you. I like to keep my credit good.

She for real?!

He DID ask me to go for a ride later.

Remember that last ride Patty took!

I guess it won't hurt to play safe.

But if you try to move in, I'll put you in bandages.

I'll call that Lieutenant Kennedy.

The police will naturally look for Patty Gray's fingerprints.

-We can't give them hers, but it may make them suspicious to find none.

-Give them something to think about.

I bought this body make-up today. Here's a dated sales slip. Better keep it with the pictures.

Ready?

Just a second.

OK.

I'll rub most of this stuff off.

I'm sure enough of it will stick in the seams.

-All through?

-Not quite.

Hey...

Pretty good!

This is a very important item(!) I hope it's the right size.

Now, hold it!

Well...that should do it.

Oh, Austin, you'd better take that bottle, the rag and the gloves.

-I can't have those found here.

-OK.

Tom, are you SURE you want to go through with this?

We're into it too far.

I couldn't back out now if I wanted to.

Gee, if the guy's OK, I don't want him sore at me!

We'll be very discreet. You just act normal and don't be afraid.

We'll be watching you.

-What are we doing here?

-It's a nice view up here. I thought you might like it.

Yeah... It's very pretty. Let's go back!

-What's your hurry?

-Er... I'm tired.

Now just relax. You'll feel better.

I don't want to.

You will!

STOP IT! Let me go!

All right. Unwind!

What do you want?

Lieutenant Kennedy - Homicide.

-You've been asking me questions for 4 hours now.

-We're investigating a homicide!

I told you, I never knew the girl,

or anything about her!

What were you doing Wednesday evening, the 9th of this month?

-That was 3 weeks ago!

-Not a long time.

-Can you remember what YOU were doing that night?

-I

-am asking the questions.

-I can't recall what I did.

-Try.

I think I went to the movies.

-At what time?

-I went to the late show - about 11 o'clock.

Then I went home to bed. What's that got to do with it?

-Did you go alone?

-Yes.

-Can you substantiate it?

-How can I? I went alone! You'll just have to take my word for it.

Thank you, Mr Garrett. Please wait outside.

-Are you through with Dolly Moore, Roy?

-You can send her home.

-Watch your step on this case, Roy.

-Meaning what?

He's Spencer's future son-in-law.

Everyone knows Spencer opposes you on capital punishment.

If the idea ever gets started that you're prosecuting Garrett to get back at Spencer...

This case can be the biggest step I've ever made, if handled right.

And I WILL handle it right.

-I'll send out for coffee if you want some.

-I don't expect to be here long.

Take him downstairs, Joe. Pete's waiting to book him.

-You're booking me, Thompson?

-That's right, Mr Garrett.

-For what?

-Suspicion of murder.

I wear a grey topcoat, drive a black car and a dancer gets suspicious.

-So, you're booking me for murder?!

-There's more to it.

-What more?

I'm not going to try the case here, Mr Garrett. I'll do that in court.

Let's go, Garrett.

SUSAN: You know Tom had nothing to do with this!

-If you're going to be honest, insist the police find the REAL murderer.

-No newspaper can do that.

-Once a case starts, we only report.

-I can't understand your attitude.

I can't pre-judge. That's what trials are for.

Did you run down his background?

Yeah. He went to college in Michigan.

Apparently ran out of money and had to quit.

Worked on a Chicago newpaper, then for Spencer. Quit to write a novel. But none of this helps us much.

Maybe you'd better have a talk with Austin Spencer and daughter.

-I wish you'd ask someone else to do that, Roy.

-Why?

Well, I used to know Susan Spencer. We went together for a while.

-What happened?

-Nothing happened. I guess she just wasn't interested.

Were you?... And still?

Well then, she'll understand you're just doing your job.

Sure.

This is very difficult for all of us. But if you can shed any light...

-Did you know, or suspect, Garrett's relationship with Patty Gray?

-No!

I knew nothing. I'm not protecting him.

But you're engaged. We broke it off. Why?

Nothing to do with the case, but I realised that he wasn't for me.

What reason had he for this crime?

Thompson believes he had some sort of clandestine affair with the girl.

He couldn't get rid of her and...

Ridiculous. I AM disillusioned about Tom for personal reasons, but he's certainly no murderer!

Then, I have to tell you that a gold cigarette lighter, inscribed, "To Tom from Susan",

has been found by the police.

It was near where the body was discovered. Do you know anything about the lighter?

I gave it to him. Now, will you help me if you can?

Neither of us has any information that would substantiate Tom Garrett's guilt.

Forgive me for troubling you. I'm sorry, Susan. Goodbye.

Murder, after all, can be committed by anyone: rich or poor; successful or unsuccessful; famous or unknown.

But I will demonstrate

that Tom Garrett IS a murderer beneath his intellectual, cultured exterior.

He was moved by brutal impulses which induced him to commit,

deliberately and premeditatedly, a brutal murder.

I will prove it as the law requires, beyond a reasonable doubt.

Before the murder, Patty Gray said she didn't want to room with you.

-You also testified that she had lots of money. Correct?

-Yes, sir.

She took it out of her purse and flashed it around in front of me.

How much money did she have?

I couldn't say for sure, but there must have been at least 2 or 3,000 dollars!

-Did she say where she got it?

-No. I asked, but all she said was, "Wouldn't you like to know?"

I said I would, but she didn't say!

PEOPLE LAUGH

There you are. It didn't go too badly today.

I made it clear Tom's grey coat is a popular model worn by thousands of other men.

The dancers didn't help Thompson!

I pointed out that Terry Larue's description of the man could apply to lots of men.

I think you made your point. They're showing highlights on TV.

Let's see how it looked today.

'Following Miss Larue's testimony,

'District Attorney Thompson put John Higgins, a police laboratory technician, on the stand...'

You're an expert on fingerprints. Is it likely, in the ordinary cleaning of a car,

-that ALL fingerprints would be removed?

-I think that would be VERY unusual.

So, cleaning a car in such a way would indicate a desire to remove fingerprints

-more than a cleanliness fixation?

-< Objection!

Mr Thompson is attempting to draw conclusions.

I withdraw the question. This is a conclusion which should be made by the jury.

Thompson is talented at making minor points seem important.

'Later in the day...

'..Dolly Moore came to the stand.'

The police laboratory technician has testified that make-up traces were found in the defendant's car.

It has been identified as Foster's Make-up Number 9.

-Do you know which brand Miss Gray used?

-Foster's Number 9.

-Did she ever use another kind?

-No, sir.

'The defendant didn't seem too concerned by this testimony.

'He maintained the same calm that he has displayed from the start.

'We have presented highlights of today's session at the Garrett trial. Be with us...'

Thompson didn't make much of the body make-up.

Yes, that worries me.

I didn't expect him to make so little of it.

He must have something up his sleeve.

-And when did you give this lighter to the defendant, Miss Spencer?

-May 7th.

-Two days before the murder.

Mmmm...

-What did the lighter cost?

-275 dollars.

Do you recall when you last saw it in the possession of the defendant?

Miss Spencer, I ask you again: when did you last see this lighter in the defendant's possession?

I don't remember.

I don't know how it got there. I'd lost it... Whoever found it must have dropped it there.

Patty Gray used a brand of make-up, particles of which were in your car.

-Was Patty Gray ever in your car?

-No. I never met her.

Dolly Moore has been in my car. She has to wear body make-up. It must have rubbed off her.

I'm sure that explains it(!)

It was also testified that the man who drove off with Patty was smoking a pipe.

Have you ever smoked a pipe?

I have never smoked a pipe - at any time.

You want us to believe you lost the lighter

-between the time Miss Spencer gave it you and the murder - a space of 2 DAYS?

-It's true.

-And you and Susan became engaged 2 DAYS before the murder?

-I don't see the connection.

Might there not be a connection?

If you had to be rid of Miss Gray to fulfil obligations to Miss Spencer?

-Your Honour, I object STRONGLY...

-OK, Mr Wilson! Question withdrawn.

Did you file an insurance claim

for the loss of this valuable lighter which you now allege to have lost so innocently?

Er...no, I guess not.

Oh...yesterday's transcript.

Mr Garrett, yesterday, attempting to explain the absence of fingerprints in your car,

you testified - and I quote...

"What's so unusual about that? I am VERY fussy about my car and keep it clean at all times."

That's true.

With such a fetish for neatness,

how do you explain the fact that a woman's stocking was found in your car's glove compartment?

Well...some time ago, a lady friend got a run in her stocking. She took it off and put it in there.

-Who was the lady?

-I don't remember.

I believe it was someone I met at a party. I merely drove her home.

-You testified you never smoked a pipe.

-That's right.

-You may have forgotten.

-I certainly remember if I ever smoked a pipe.

-Really? Perhaps not.

-But you can't remember what you did the night of the murder?

-I went to the movies!

-Oh, the movies!

-Alone? That's your claim, isn't it?

-It's the truth.

Is there a pipe-smoker among the gentlemen of the jury?

Will you please fill and light your pipe for us? Stand up so they can all see.

One moment, please. May I?

You will recall it's been testified the man last seen with Patty Gray was smoking a pipe.

Note the circular stain on the back of this match cover used by your fellow juror.

You'll notice similar stains

on these match covers found in the garage of the defendant.

And you have NEVER smoked a pipe, Mr Garrett?

I've told you that. I DO have visitors occasionally, however. Some of them smoke pipes.

-I guess that would explain how the match covers became stained.

-I doubt it very much, Mr Garrett.

Now, Miss Williams has testified that Patty Gray had a large sum of money with her, maybe 3,000.

Have you any idea how she might have obtained it?

How would I know? I've told you, I know nothing about Patty Gray.

But our investigation of your bank records

discloses that 2 days before the murder, you withdrew 3,000 from your account.

-Did you give it to Patty Gray?

-I certainly did not!

Then why did you withdraw 3,000?

Not that it concerns you, but I withdrew the money to purchase an engagement ring.

So why did you re-deposit 2,800 three days later?

-Did you purchase a ring for 200?

-I didn't puchase an engagement ring.

My engagement was...postponed.

You didn't withdraw the money to give to Miss Gray

-then later ransack her apartment and re-deposit the money?

-No! It was a coincidence.

Another coincidence, Mr Garrett?! That's your explanation for ALL the evidence in this case.

Well, now let's move on to another...er...coincidence.

Other than Miss Gray and Miss Moore can you say which other performers have been in your car?

-Miss Gray was never in my car. I NEVER met her.

-Ah, yes. Yes.

Well, other than Dolly Moore, how many others?

There were no others.

-With the Court's permission, I would like to excuse this witness and recall Miss Moore.

-You may.

Miss Moore, please.

HER STILETTO HEELS CLICK ACROSS THE FLOOR

You realise that you're still testifying under oath? Yes, sir.

Miss Moore, the defendant has said that the particles of body make-up, found in his car, rubbed off you.

-Don't you believe it. I always take off my body make-up BEFORE I leave the club.

-I see.

-Was this Miss Gray's habit also?

-No, just the opposite. She waited until she got home to take it off.

The body make-up, I mean. TITTERS

Thank you.

MUTTERING FROM THE JURY

RADIO: 'The jury resumed their deliberations this morning.

'Although there is no indication of when they'll deliver their verdict,

'most observers think a decision may be expected this morning.

'Court sessions usually open at 10am.

'But, before 9am, spectators and the press had already begun congregating outside the court-house.

'The trial of Tom Garrett has been attracting increasingly wide attention...

'..At the time of his arrest, Garrett was working on his second novel.'

Aaaagh!

'..And so the fate of Tom Garrett today rests solely in the hearts and minds of 12 jurors.'

-Hello, Jonathan.

-Hello, don't get up.

-Jury still out?

-Yes.

Relax Jonathan. You're not on trial. Getting upset won't help at all.

-They've been out 2 days. I'm worried.

-So am I, but I can't do anything. Neither can you. So, take it easy.

What's the trouble, Jonathan? I've never seen you like this.

-You've got enough troubles.

-Come on...something's on your mind. What is it?

I didn't want to burden you with it, but you'll have to know sooner or later.

Austin Spencer was killed today in an automobile accident.

That's impossible!

It's a great shock to me, too!

-But he's GOT to be alive!

-We just have to face it...

-No! Everything depends on him!

-I don't...

-Austin's the only one who knows I didn't kill that girl!

-What?

He was in on the whole thing. We planted the evidence together, AFTER the murder!

The lighter, the stocking... everything. It was all a plan...

In view of this extraordinary revelation by Mr Garrett,

I move that the case be re-opened for the submission of new evidence.

This is OBVIOUSLY the frantic effort of a desperate man.

It is HIGHLY significant that Mr Garrett comes up with this story NOW after Mr Spencer's death.

To re-open the trial at this point would be a travesty of our judicial process.

-The State opposes such a motion.

-I am inclined to agree with you.

However, the Court is cognisant that a man's life is at stake here.

I'll give the defence the chance to present

tangible, corroborative evidence in support of this motion. The jury's verdict will be withheld.

He said the pictures would be in here! Are you sure he said the safe?

He saw your father put them in. But we'd better check Austin's office, too.

Let's check this desk first.

Rise!

This Court is now in session.

Be seated.

The defence has failed to indicate that it is able to present any further testimony

which could properly be considered new evidence.

The motion to re-open is denied.

WILSON'S WHISPERS ARE INAUDIBLE

Have you reached a verdict? We have, Your Honour.

What is your verdict?

JUROR: We find the defendant guilty of murder in the first degree.

Tom, I've got to know the truth. I can't take any more lies.

I'm not lying, Susan. There WERE pictures. Your father even wrote dates on.

But whose idea was it?

I believe he mentioned it first, then the idea began to intrigue me.

Don't you believe me?

I don't know what to believe now.

You think I could have killed her?

No...I never thought so, but...

Perhaps I can't face the possibility that someone who had been so close might have done such a thing.

I've done nothing to make you doubt me. Find the pictures and you'll know I'm being truthful.

I hope so.

Come to think of it, Father DID behave rather strangely at the time of Tom's arrest.

He was very fond of Tom and yet... he didn't seem as surprised or disturbed as he should have been.

It was almost as if he were... confident - as if he knew something.

If what Tom says is true, that could explain it.

It might be.

But the pictures? What happened to them? We searched everywhere.

Father would never have destroyed them, unless...

..he had them in the car before the accident.

HALE: They were photographs, all right - but charred beyond recognition.

< The lab couldn't determine what was on them. But there must be negatives.

He used a self-developing camera - no negatives.

Isn't this enough? No, they're just remnants. But now we know he isn't lying.

These could be of anything. But Tom COULDN'T have known about the pictures in the car.

That's more than just a coincidence, Bob. You might be right.

But officially the situation hasn't changed. You don't have REAL evidence.

If you love someone, you must believe in him.

I know, but these remains do not prove his innocence legally.

They do for me. I MUST see him, Bob.

He's gone to the State Prison. That's only an hour away.

A new prisoner in...death row

can't have visitors the first week.

You didn't run much of a story on the denial of Mr Garrett's appeal.

We could only report they denied it.

I want more than that. Use the newspaper - editorials, features...

Anything to raise support.

Miss Spencer, your father said to handle this case normally.

How would he have felt about our taking sides? I own this paper now.

My father's will made provision for a committee to run it, but the executor is away.

The will can't be probated. That leaves things with me.

I'll take responsibility, but you MUST do as I say.

That's quite an editorial. Even Austin never went THAT far! That's the girl you liked?

-I still do!

-After this?!

-Don't you have any doubts about Garrett's guilt?

-None at all!

-I've NEVER doubted it - neither did the jury.

-They do now.

Oh, I've read the interviews with the jurors. I know about the petitions pouring in.

That's because that girl has used the paper to arouse emotions.

She's even got you all steamed up!

But she may get under the Governor's skin. I hear he's been following closely.

I mustn't be swayed emotionally.

Whatever happens has to be based on facts and the law, not feelings.

Perhaps, but it may be that you're hanging yourself politically.

-You may end up as popular as poison-ivy at a picnic.

-I can't help that.

-Retreat now and I'm dead.

-Wounded, maybe. You're not dead until the Governor pardons him.

We've still got another week before the execution. I want to know more about Miss Gray.

Her last job was in Kansas City. Start there and work back.

-Why?

-If we could find any possible connection between Garrett and Patty in the past,

-the Governor COULDN'T pardon him, despite Susan Spencer's stirrings.

-You're beating a dead horse.

Nothing about this will be dead until Garrett's executed. Get started.

I've tried everything. I talked to the Governor personally.

He wouldn't do anything?

He'd like to, but he can't do it without new evidence, or some other valid reason for him to step in.

I even tried to get him to postpone it to give us more time,

but he wouldn't do it without a recommendation from Thompson.

Thompson (!)

He wouldn't lift a finger to help me.

Maybe Susan can do something through the paper.

I'm afraid not. Allan Kirk, her father's executor, has returned. He's in charge now.

Tomorrow night?

What time?

11 o'clock.

PIANIST PLAYS JAZZ MUSIC

Out of your territory in Miami, ain't you? A little.

Do you remember a Patty Gray? I don't remember their names.

She worked here once.

What did this mouse look like?

Oh, yeah...her! 6 or 7 years ago. Some dish! She sure threw it around.

What did she do? Waitress. With her build I said it was a waste.

I gave her a chance to show what she had. It was great! Guys drooling all over!

Patty Gray! This was her first dancing job? I gave her her start.

I even named her. She wasn't Patty Gray? You kiddin'?

She was really "Emma Blooker"! A burly queen named Emma Blooker! Ha!

She have family? No. Friends?

Friends?! Emma?! She was out to take everybody. She even tried squeezing me!

I gave her a fast brush.

Served her right - getting mixed up with Robinson. Robinson? >

Who was he? Played the drums in a band. Emma played him for a sucker.

But he was too much for her. He gave her a real rough time.

In what way? Oh, he'd rough her up.

Sometimes for nothing, just to keep in practice.

She finally beat it just to get away from him. But she took off with his dough!

Said he'd get her if it was his last act. Drink? Coke, thanks.

Did he ever find her? Don't know. Never heard from 'em again.

Is this Robinson?

Nah, he was kind of blonde - a little skinny guy, but REAL rough.

You don't remember this guy? Nope...never seen him.

What's this about? Just curious about Patty. She in trouble?

Not any more.

I couldn't find ANY connection between Garrett and this girl, Patty Gray or Emma Blooker.

Might the Governor postpone? If Thompson recommends it.

The first suspect with a motive!

Tom will be set free? No, but it WILL give us time. I've put a tracer on Robinson.

It's strange. I never thought I'd be relying on you like this.

I'm not sure I deserve it, but I'm very grateful. Forget it.

BUZZER

-Yes?

-'Are you alone, Bob?'

-No, Roy.

Miss Spencer's here.

SOUND OF FOOTSTEPS

-What is it?

-Mike Robinson died 4 years ago in Chicago.

I'm sorry, Miss Spencer.

Excuse me, but Mr Wilson is very anxious to see you.

­ You must forgive me for barging in. Oh, Susan, too!

This is Allan Kirk, Austin Spencer's executor. You tell them.

­ Mr Spencer's affairs were involved, as you might imagine.

We had to get court orders to open various deposit vaults. We found this, addressed to you.

"This document is handwritten by me,

"to be delivered in the event of Garrett's conviction after my death.

HE CONTINUES READING BUT UNDER HIS BREATH

Is there any question about this being the handwriting of Austin?

Absolutely none. It's definitely his.

Well, it's all here - the dates, the places, the explanations.

He kept a written and photographic record of everything they did.

Garrett has been telling the truth.

-He sent a recommendation to the Governor, notified the press.

-Trying to save face at the last(!)

-No, he was sincere. He even arranged for us to meet here, so that I could tell you about the pardon.

-Very big!

-Don't be bitter.

-But if Thompson had had his way, he'd have kept this pinned on me.

-It's over now.

I told him from the start that I'd never even met this girl!

If he hadn't tried so hard to make his name...

He should have said long ago. He should have tried to discover who really killed Emma.

Instead, he put me through this!

-I have nothing to be grateful...

-How did you know her name was Emma?

I...read it in the newspaper.

It hasn't been in the newspaper.

I must have heard it from someone!

You killed that girl, didn't you?

You did, didn't you?

Well, this girl... A long time ago. I was just a kid...

We... I had to marry her. I found out later that it was just a trap.

I never lived with her. I gave her lots of money and she promised to go to Mexico and get a divorce.

I never saw or heard of her again until she came back after my book was published.

She hadn't divorced me at all!

But all you thought of was murder?

I didn't at first... I didn't even think about it!

Then your father started talking about capital punishment. He was showing me a way to get rid of her!

Without any risk!

We had our whole lives ahead of us. That's what I was trying to save. And I did.

-I thought you were innocent.

-You would have fought anyway, if you'd known WHY I did it.

I...don't know WHAT I would have done.

Darling...

..I know what you've done for me, what you've been through.

Please...let me go. I can't think. Please...let me go!

DOOR OPENS

HALE RUSTLES PAPER

I called the prison but they said you'd left. The Governor has called a press conference at 9 o'clock.

He'll officially announce and sign the pardon then. In an hour it will be over.

How did he take it? I'm glad you're here, Bob.

You've done a lot for me.

I wanted to help if I could.

Why? For the same reason you helped Garrett. You know how I feel.

If I were... accused of a crime,

if you thought I might be guilty,

if I wasn't the same person you thought I was, would you still help me?

How could I love you and not do anything I could? Anything?

Even if you believed I committed murder?

What is it? What's wrong?

You've helped save the man you love. You should be happy.

That man I saw in prison wasn't the man I loved. He was a stranger!

What happened at the prison, Susan? If something happened, you can't keep it to yourself.

Bob, please... If he's pardoned, Garrett can never be tried or punished again.

If you know something, you must speak now - no matter how much it hurts.

'State Prison...'

I can't! I can't do it! I can't...

SHE SOBS PITIABLY

'Hello? This is the State Prison?'

A nice smile, Governor!

-Will you write again?

-That's the way I make my living.

And Miss Spencer...

PHONE RINGS

Hello?... Yes... Who is this talking?

Yes... It's for you, Governor.

GOVERNOR: Hello?...

Are you quite sure about this?

Is Miss Spencer with you now?

I see... Thank you.

Take Mr Garrett back to his cell. There will be no pardon.

Guard!

Subtitles by Selma Boyd - 1987

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