It's gettin' kinda hot. Let's go in.
I like it hot.
But it's a good trial. Assault with intent to kill.
Not interested.
Old man maximum's on the bench.
Old man maximum, eh? Mm-hmm.
It is kinda hot, at that.
Do you recognize that man?
Yes, sir. I sold him a pruning knife.
Did he seem to be upset?
I object, your honor.
Very well. I'll rephrase the question.
Do you recall his appearance at that time?
- Yes, sir. - Would you say that when the defendant,
John novak, came into your store to buy that pruning knife,
he acted like a man planning a murder?
I must object again, your honor.
Counsel for the defendant knows better than to ask for an opinion of this kind.
It's clearly immaterial. Objection sustained.
Exception, your honor. Exception noted.
Ladies and gentlemen of the jury, you will disregard the witness's response.
I ask the court to reconsider its ruling on that last motion.
On what ground? Your honor, the prosecution is trying to prove...
That John novak had planned an assault with intent to kill.
And I am trying to show on the contrary...
That John novak was not planning anything remotely connected with assault.
And that at the time of the attack,
he suffered a sudden mental and emotional dislocation.
While the court appreciates counsel's earnestness,
it must remind him of the laws of evidence.
We are concerned with facts, not opinions.
The court denies counsel's request to reconsider its ruling. Kindly proceed.
Opinions, your honor, are sometimes facts in themselves...
And have an important bearing on the truth.
If the court would only try to understand and not hinder the defense,
we might be able to get at that truth.
Mr. Douglas, I've been very patient with you.
But I must warn you, if you make another remark of this kind, you'll be held in contempt.
Proceed.
Mr. hart, what did Mr. novak look like when he was in your store?
I don't know. He looked like any other farmer...
That comes to town on Saturday afternoon.
Of course. But I mean his face. Didn't you notice anything unusual?
It was unusually clean for a farmer, if that's what you mean.
What I mean is unimportant. We're trying to ascertain the facts.
- Yes, sir. - Was he scowling as he came in?
- Oh, I wouldn't say so. - Was he frowning? Crying?
He was smiling, Mr. Douglas. Smiling from ear to ear.
Twenty years. Hmm. Throws a man's life away like a chewing gum wrapper.
Water under the bridge, Dave. Forget it.
Forget it, nothing. I'm going to fight for a new trial.
On what grounds? Well, I'll figure something.
Maybe I'll use his charge to the jury. It was dynamite.
What did he say that was wrong?
It's not what he said. It's the way he said it.
Sure, his words were impartial, but his tone was, "hang novak. Hang novak."
But, Dave, how can you prove a tone of voice?
I don't know. I'll have to figure something.
What are you doing tonight? Well...
Well what? I've gotta be home.
Gotta be? Mom and dad... it's their anniversary.
Oh, I see. Boy, he sure slammed the book with you.
You must be black and blue all over.
Don't waste your sympathy on me. Novak got it where it hurts.
Sure. Tough break all around.
Well,
- I'll be seeing you. - Look, darling,
I don't blame you for feeling low, but cheer up.
You're not scraping the bottom of the ocean yet.
Thanks. Maybe I can meet you later. Where will you be?
Like you said... At the bottom of the ocean.
Will you call me at 9:00 and tell me which one?
Mmm, if I can navigate to a phone.
Please call. I'll look up at the fishes with you.
Might. Might not. Well, happy anniversary.
Dd
Cathy? In my room, dear.
My, what a lovely sight to come home to.
Thank you, sir.
You're very welcome.
Ah-ah.
Bite. Oh, idiot.
That's right. Tastes much better without the paint.
Where's the girl? In her room, I guess.
How'd things go today?
Like every other day. Wound up the novak case.
Oh, good. Mom?
Oh. Hello.
How are you, darling?
Fine, thanks.
Mom, can I borrow your garnet earrings?
You know where they are.
Going to be home for dinner tonight? Might. Might not.
Bracelet too? You thief!
Earrings, bracelet? What are you primping for?
A date. With whom?
Don't you trust your daughter?
To the end of the earth.
If I nap too long, will you... I'll wake you.
I don't care what he's like here at home.
In court he's a horror. Oh, you exaggerate.
Go sometime and see for yourself.
You couldn't drag me there with wild assyrian oxen.
Why? All I know is...
He's a wonderful husband and a loving father.
Tsar Ivan the terrible was a wonderful husband and a loving father too.
Oh, Ellie, please.
No, really, mom.
Something happens to dad when he puts on his black robe and sits on that bench.
People as people don't exist for him anymore.
They're defendants, witnesses, lawyers...
Without names or feelings.
Dad stops being a human being and becomes a talking law book.
Now, Ellie, look. Try to have as much understanding for him...
As you want him to have for others.
But, mom... And I still insist...
He makes a better husband than Ivan the terrible.
I bet Ivan remembered his 20th wedding anniversary.
Oh, dad remembers. Just didn't want to spoil my fun.
You act like a couple of kids.
Why didn't you say something?
I didn't want to spoil his.
What a family. Nobody spoils nobody's fun.
Except mine. I'm Ellie in the middle.
What's the matter?
Well, I had to turn down a date for tonight.
He's all alone. Well, bring him here. Bring him here for dinner.
I can't. Why?
It happens to be Dave Douglas, and you know how father feels about him.
And how do you feel about this Mr. Douglas?
I don't know.
But I think that if it doesn't end up with church bells,
I'm gonna be the saddest broken-hearted daughter you've ever had.
Then he's someone I want to know.
Oh, he's wonderful, mom.
He's honest. He's got more courage than a paratrooper.
He's handsome.
Oh, mom, what am I gonna do?
You're a student of the law, Ellie.
Is there anything that says a mother and daughter can't conspire?
Yes. Yes, I know.
Look, Jim, you've just got to find him.
No, he's not at home, and I tried the bar at the hotel.
Please, Jim, I'm counting on you.
Calvin! Thought you could put one over on me, did ya?
Come on, girl. Snap into it.
Put on your prettiest dress. Look at your parents.
Who else is coming to this fancy dress dinner party...
That you thought you were going to surprise me with?
You know so much, figure that out too.
Store-bought Martinis. What's the matter with the way I make 'em?
Nothing. I just thought you'd be interested...
In finding out which were more economical...
Out of the bottle or the homemade kind.
After three Martinis, who's interested in economy?
It's been 20 good years, Cathy.
Twenty happy years.
What would you wish for the next 20?
More of the same. Nothing else?
Can't think of a thing.
You'll get nowhere with flattery, Mrs. Cooke.
Oh, well, if you force me to the wall,
I will admit I've been thinking a vacation... vacation? From one another?
Oh, of course not, idiot. Together.
I bet Willow beach is on your mind.
Oh, Calvin, could we? It would be wonderful.
A second honeymoon.
I wish I could say yes, Cathy.
But my calendar's filled with cases...
That'll take me through the summer and into the fall...
And then I have to begin all over again.
Of course, Calvin. I know.
But next spring for sure.
- Mrs. Cooke? - Oh, I'm sorry, Julia.
- It can't be helped. - It won't be rare.
I don't know how you can tell the number of drinks you get out of a bottle.
Depends on how much ice you use.
You answer it, dear.
What's the matter with Julia? It's part of the surprise.
What surprise?
If it isn't judge Wilder, it's got to be Charles Dayton.
This is a surprise.
Let me look at you, Calvin. Why, you haven't changed a bit.
Well, neither have you.
By George, it's been a long time.
Let me have your coat.
Where's Cathy?
Cathy, my love. Congratulations.
Thank you, Walter. How are you?
Still envious of him. Otherwise, fine.
What'll you have, Walter? We're drinking Martinis. That all right?
Splendid. Where's that child of yours, little Ellie?
Little Ellie is a first-year law student, doctor.
Astounding. You know, the rate of growth these days is frighteningly abnormal.
Why, six months ago you were that high.
Don't be silly, doctor. You haven't seen me since I was 10.
Impossible. Well, how've you been?
Oh, just fine, thanks.
Walter. Thank you.
Will you have some Sherry, Ellie?
Not with the rate of growth these days, thank you.
- I'll take a Martini. - Seems fair.
Ellie, any word on your call?
Not yet. Jim Wilder's searching all over.
What are you two whispering about?
Women always have secrets, Calvin.
It's an established biological fact.
Mrs. Cooke, dinner is served.
Let's take our drinks in with us.
Julia will be tapping her foot in a minute.
Is it true what I read about you in the newspapers?
Have you actually photographed brain waves now?
Yes, indeed.
The first thing you know, you'll be seeing them on television...
If that's your idea of fun.
You sit over there, Walter. Thank you.
You know, right now, I wish I were 25 years younger.
Why, doctor?
Come to think of it, you know, that's right.
When you're 150 years old, I'll only be 175.
You see, Ellie, the value of a scientific mind?
Well, with all of my science, I never was able to mix a Martini like yours, Calvin.
Why, thank you, Walter.
- To Cathy. - To Cathy.
Never mind, Julia.
Hello, Ellie. Thanks, Jim.
Are you sober, darling? I kinda wish I weren't.
Courage, my boy. As Caesar said to Cleopatra, "Nemo me impune lacessit."
Or, roughly translated, "if you love the gal, what can they do to you?"
This is the land of the free.
- My dear Cathy. - Hello, Jim.
The years battle against you in vain.
How are you, Calvin?
Good to see you, Jim. Twenty years.
Yeah. You've really earned congratulations.
How's your chess game these days?
Not so bad. Well, hello.
How are you, doctor? You look terrible.
Well, thank you, judge.
Mother, this is David Douglas.
Hello, Mr. Douglas. How do you do, Mrs. Cooke?
Well, sit down, everyone. You know each other, dad?
Yes, of course. Good evening, Douglas.
Judge. And Dr. Walter Morrison.
The Walter Morrison?
This man believes everything he reads in the papers.
What a distinguished company we are.
Youth, beauty, intellect, me.
Better get your coat, Ellie. It's getting kinda cool out.
Oh, Ellie, perhaps Mr. Douglas would like a drink.
Will you have some coffee or Brandy? No, thank you.
I didn't know you and Ellie were acquainted.
Oh, uh, Ellie said something about a wedding anniversary.
Congratulations, Mrs. Cooke. Thank you.
And you too, sir. Thank you.
Are you sure you have to go, Mr. Douglas?
Well, Ellie and I had planned... Why don't you stay?
I'm afraid not.
I didn't realize you taught criminal law.
I don't exactly. I just give some supplementary lectures.
Have you read borden's new book?
The philosophy of law? I've read it.
Ready, David. What did you think of it?
It's all right. Good night, Mrs. Cooke. It was nice meeting you.
I hope we see you again soon. Thank you.
I thought it was a very good book.
I didn't. Good night, all.
What didn't you like about it?
The judge who wrote it, mostly.
Seriously, that book was written as if the author was still wearing a powdered wig.
It's-it's a hundred years behind the times.
It ignores every modern principle of law.
The progress made by men like justice cardozzo and justice Holmes.
Ah. Holmes sweet Holmes.
What principle does it ignore?
The principle that for a judge,
the law written in the statute books is only a blueprint for justice,
not justice itself.
Don't be impatient with us, my boy.
Justice isn't blind. She's merely blindfolded.
Not justice. Only certain judges.
- Shall we go? - I'm ready.
Come again, Mr. Douglas.
Thank you. Good night.
- Good night. - Good night.
Good night, everybody.
You know, there's one aspect of human reproduction that I never thought about.
People not only produce children but problems.
I'm not worried about Ellie.
Wouldn't it be wonderful if science found a medicine...
To bridge the differences between generations?
Or maybe it wouldn't be so good.
Well, as p.T. Barnum used to say, "Nemo me impune lacessit."
Roughly translated, "how about a game of chess?"
Oh, not now, Jim. Go ahead, dear. I'm sure Walter won't mind.
Why, of course not.
Cathy and I have some old love stories to talk over.
Well, all right. Under protest.
Walter, I do want to talk to you about a friend of mine.
A woman of about my age...
Professionally, or, uh, are you trying to marry me off again?
She tells me that in the last six months or so...
Oh, for example, if she goes to reach for a glass like...
Like this, uh,
her fingers don't coordinate or something.
Mm-hmm. Yes, that's interesting.
And every once in a while she has terrible headaches.
How about her eyes? Do they bother her at all?
Yes. Yes, she tells me that occasionally...
Oh, not very often... Things seem to fade away.
Mm-hmm. And her hearing. Does she think she hears noises that no one else hears?
Yes. Yes, that's exactly what my friend said. She...
That sounds rather frightening, doesn't it?
Oh, I don't think so.
But maybe you'd better come to Philadelphia tomorrow...
To my office.
Walter, I don't want to worry Calvin.
Don't let him know I'm coming to see you.
What? And make him jealous? I-I wouldn't dare.
Calvin? Hmm?
Do you think we've lost touch with Ellie a little?
You can't keep in touch with anybody unless they tell you what's going on.
Obviously, she's known this Douglas fellow for months.
Morning, judge. Good morning, Mrs. Cooke.
Good morning, doctor. Good morning.
Has she talked to you about him?
In a way, yes. Well, she hasn't talked to me.
Perhaps because she's afraid you'd object.
Good morning. Good morning.
I certainly do object.
Mind you, I don't intend to tell Ellie whom she may or may not see.
After all, this isn't 1880.
But that young man is opposed to everything I stand for,
everything I've been taught to believe in.
Good morning, Mr. barr. Good morning, Mrs. Cooke.
Other people respect my opinion. No reason why my own daughter shouldn't.
Yes, Calvin. Oh, I may be going to Philadelphia today.
What for? Shopping.
Good morning, Mr. pope. Good morning, Mr. Cooke.
Thank you.
How's your grandchild today? Growing like a weed.
Give your daughter our best wishes.
Yes. Thank you, ma'am. And a very good day to you, sir.
Thank you. Thank you. Good-bye.
I never see you giving Mr. pope any money.
Is he doing this as a public service?
I have a very complicated business arrangement with him.
By the way, I know why you're going to Philadelphia.
You do? Certainly.
To buy me a birthday present. It's obvious.
That's right. Now, look, dear.
You gave me a pen and pencil set for our anniversary.
The pencil can be for my birthday.
Yes.
Bye.
There's a lot of double-talk on the radio today about health and modern living.
Every time you twist the dial, you hear a happy voice say,
"aren't you glad you're living today?"
What's it smell like? Oh, horrible.
You're right. It's asafetida.
And now? Still smells horrible.
You know, I sometimes wonder how people ever lived in the poor old days...
When the vitamin was nothing but a gleam in some scientist's eye.
Feel anything? Yes.
And now? Yes, I-I think so. I...
How about now? Yes.
And now?
I... oh, of course not.
What are you trying to do, trick me?
No, I'm afraid you're too smart for me, Cathy.
Ouch! Sorry.
Of course modern living is a wonderful thing.
Do you realize that a hundred years ago...
There weren't even second-hand cars for sale?
Don't move, Cathy.
And if a man had dandruff, the only thing the poor fella could do was wash his hair...
Or chop his head off.
I haven't seen anything like this since I had my first permanent.
And there's another thing.
I shudder to think of our mothers struggling through life with straight hair.
And how the men ever got their pay raise without brushing their teeth...
Well, you know what, it's a mystery to me.
To this day, I still don't understand...
How my grandfather and grandmother got around to getting married,
what with her dishpan hands and his tattletale gray.
Why, there wasn't even a bar of soap around guaranteed to win your sweetheart's love.
All right, miss green.
Of course, there isn't anything I can say now, Cathy,
until all the x-rays have been developed and I get the lab reports.
But from what I can tell, you have nothing to worry about.
But my headaches, Walter, and my eyes.
Oh, I think they're only temporary disorders. Nothing organic.
You know, at your age, one must expect a few minor difficulties.
When will I know for sure?
Mm, by tomorrow.
By tomorrow, all the election returns will be in.
Walter, about the fee, I don't want Calvin to know...
You've paid it. No, really.
Do you want a receipt?
Then you'll telephone tomorrow.
Sometime before dinner. Good-bye. And don't worry.
Good-bye, Walter. And thank you for everything.
Good-bye. Good-bye, miss coble.
Miss coble, will you come in, please?
Yes, doctor?
Miss coble, have copies made of all Mrs. Cooke's pictures and her history.
Send them out immediately air mail special...
To Dr. George mcdermott in San Francisco, Dr. Henry Levi in Denver...
And Dr. frank standish in Boston.
What time did Ellie get in last night?
Shortly before you did. She seems...
Pretty fancy hours for a girl her age.
Maybe you should have a talk with her.
I think you should, Calvin. But not about the hours she's keeping.
She's very disturbed. Mm-hmm.
Did you buy out all of Philadelphia yesterday?
You will talk to her tonight, won't you?
Right after dinner. What'd you buy?
Nothing. Stores didn't have what I wanted.
Morning, Mr. Moore. Morning, Mrs. Cooke.
Good morning, Mr. pope. Good morning.
Good morning, Mrs. Cooke. Good morning, judge.
Thank you.
How's the grandchild?
A little cranky this morning.
Cutting his first biter.
His first tooth! Well, congratulations. Thank you, ma'am.
See you tomorrow. Thank you.
Just what is this complicated business arrangement you have with him?
Oh, it's nothing, dear. I buy the flowers from him wholesale.
Well, why not?
A bunch of flowers every day for 365 days...
Yes, multiply that by 13 years, seven months.
I could've bought a whole greenhouse by now.
Good-bye, dear. Good-bye.
Ellie. What are you doing here?
I want to talk to you. Right now.
Don't you have a class this morning?
Some things are more important.
In less than two minutes I have to open court.
If I can cut a class, I should think you could delay sending some poor soul to jail.
I don't like that, Ellie. It sounds like...
Like somebody else.
That's exactly who I want to talk about.
Can't now, darling. When?
Pardon me, judge. There's a message for you to call operator 23.
Philadelphia.
Thank you.
I'll call during recess. Thank you, Dan.
I'll tell you what. You come back here at 4:00,
and we'll talk to your heart's content.
Fair enough?
Come on. Say it's fair.
Fair.
But don't think you're going to change my mind...
By appealing to your exalted position as my father.
No. Just to your good sense.
Oyez, oyez, oyez. Turn 'em up.
All men or persons having anything to do before the honorable,
the judge for the court of common pleas here hold on this day,
let them come forward and they shall be heard.
God save the commonwealth and this honorable court.
Is the prosecution ready to resume in the case of the commonwealth v. Winter?
Ready, your honor. Is the defense ready?
Ready, your honor. And do you stipulate the jury is in the box?
So stipulated. So stipulated.
Pardon me, your honor.
I wish to call as next withess George Johnson.
George Johnson. Tell him I'm in court now. I'll call him back later.
Do you solemnly swear that the testimony you may give...
In the cause now pending before this court...
Shall be the truth, the whole truth and nothing but the truth, so help you, god?
I do.
- State your name. - George Johnson.
Uh, recess for five minutes.
Recess for five minutes.
This is what we call an encephalogram. It's like an X-ray.
You see this shadow here?
That is the area which has been affected.
These pictures, with my tests of smell, touch and balance,
together with other tests, all go to make up the diagnosis.
Well?
Calvin, we've known each other a long time.
Almost our whole lives.
Say it straight, Walter.
There are many names for Cathy's condition.
And when an illness has a lot of names,
it means that we don't know very much about it.
I don't have to know what it's called.
However, Cathy's symptoms are fairly indicative.
She's had them for over a year.
A year?
She never told me.
She didn't even want you to know that she came here yesterday.
If she'd told me, I could've sent her to a doctor long ago.
I'd have brought her here to you. She'd be over it by now.
She should've told me.
She's always pretended that she's stronger than she is.
She-she thinks I resent it when she's sick.
Calvin... it's not true, Walter.
It wouldn't have made any difference.
But a year... Calvin!
It was hopeless even then.
Now wait a minute, Walter. You said yourself no one knows much about this.
Calvin, we can't even operate. But that's just your opinion.
Now, I respect you, Walter, but it can't be. It's not possible.
Tell me who the best men are. I'll try them all.
I've already taken care of that.
Miss coble, I'm ready for that conference call.
Copies of the X-ray plates and Cathy's medical history left here yesterday by air...
To Dr. standish in Boston, Dr. Levi in Denver and mcdermott in San Francisco.
We've consulted together on many cases, Calvin.
They're considered the top men in the field.
In a moment we'll hear what they have to say.
I don't believe it. How can it be? All of a sudden.
Just the other day she said she wanted to go away for a trip.
Willow beach.
Walter, there must be other specialists besides these men.
Have a cigarette, Calvin.
I haven't smoked in years.
My father smoked cigars, but I never liked them.
How was she yesterday? Was she in pain?
Your call is ready now, doctor.
Calvin, I want you to listen to this.
Use the extension there.
Hello, gentlemen. This is Walter Morrison.
Did you all receive the plates and records I sent you yesterday?
Good. Dr. standish, will you please speak a little louder? I can hardly hear you.
Can you hear all right, Dr. mcdermott? Good.
The patient's husband is listening in.
I've already given him my opinion.
Dr. Levi, will you start, please?
As far as I can see, the pictures tell the story, Walter.
There's no doubt in my mind that it's a neoplastic situation.
The intercranial pressure will undoubtedly get worse.
The readings on the spinal manometer clinch it for me.
And the location of the lesions should cause anesthesia in the right extremities momentarily.
I had a case recently like this.
There were spasms of acute pain that increased steadily in frequency and intensity. Considering the area involved, you can't touch it, Morrison.
I agree. Surgery is absolutely useless.
Death is indicated at any time.
What do you... what...
Calvin,
I wish there were something I could do.
What happens now?
Nothing, perhaps, for a short time.
There'll be certain symptoms, of course,
such as lack of coordination.
But when her right arm and leg completely lose their sense of feeling and go numb,
soon after that she'll pass into the final stages.
Pain?
A great deal.
I'm giving you a bottle of full-strength demarine... 20 tablets...
And a prescription for 20 more.
When it gets really rugged, give her two.
They'll relieve her for an hour or so.
But no more than two pills within any 12-hour period.
They're very toxic.
Are you listening?
- Yes. - I'm also giving you a letter of instructions...
To your local doctor.
It has a complete description of the case.
Walter,
what's the best way of breaking it to her?
There is no best way.
Yes, I know, but she's got to be told the truth.
Why? What do you mean?
You don't have to tell her, Calvin.
Lie to her?
I've never lied to her in my life.
It's only a lie of omission.
She'd see it on my face.
Then you'd better learn to pretend.
This is her life, Walter.
How can you let someone you love not know she's going to...
There may be a hundred things she wants to do or say.
You can't... it will only add pain to her pain, Calvin.
Can't you see that?
I only want to do the right thing.
The right thing is to save her whatever suffering you can.
I don't know.
Suppose I don't tell her, and suppose she finds out?
It'd be a million times worse, Walter.
The thing that's always made our life so...
So good is the truth between us.
If she finds out tomorrow, you'll have given her one day more of peace.
If she finds out a week from tomorrow,
you will have given her a week more of peace.
That you wouldn't give Cathy to make her life easier.
As your friend, I beg you. Now give her the most precious gift you have...
Silence.
I don't know.
Then I'm going to show you something.
I didn't want to, but it's something you've got to see...
Before you make up your mind one way or the other.
Yes, sir?
Miss coble, I'll be on the third floor.
Come with me, Calvin.
This man is a patient of mine.
He's in the last stages of what Cathy has.
Walter, I...
What is it, Calvin?
Nothing.
You're late, father. I've been waiting over an hour.
I'm sorry, Ellie. I-I was delayed.
I can't talk to you now.
But you have to. Well, you promised, and I waited.
Some other time, Ellie, please.
No. You can't put me off again.
I'm in love with Dave Douglas, and he's in love with me, and you've just got...
What's the matter, dad? Aren't you feeling well?
No, Ellie. I'm all right.
He's really wonderful, dad.
You can't let little differences of opinion stand in the way of...
Ellie, please, I...
I want to be by myself for a while.
You're not even willing to try.
How can you be so selfish?
So inconsiderate of other people's feelings...
Not now, Ellie. I don't want to talk about it now.
Can't you understand? You don't have to shout.
I understand perfectly.
Calvin, darling.
I have the most terrible confession to make to you.
Yesterday was the first time in my life I ever told you an untruth.
I did go to Philadelphia, but not to shop.
I went to see Walter Morrison.
I've been worried about... oh, you know, a headache now and then.
Just silly little things.
Well, Walter just telephoned,
and there's nothing the matter with me, darling.
Nothing at all.
Oh, tha... that's fine.
He did prescribe a little vacation though, but that can wait.
I have tickets for the concert tonight, so come on upstairs and get dressed.
And afterwards you're going to take me to a place I've always wanted to go...
And never had the nerve to ask... The valley inn.
It's a roadhouse, darling, where people go for all sorts of interesting reasons.
Will you take me, darling? Please?
I base my motion for a new trial...
On the grounds that the language used in your charge to the jury...
Was designed to give the impression that you thought the defendant was guilty.
I resent your choice of the word "designed."
I assure you that I know the law and what is proper judicial language.
I'm not suggesting that you consciously tried to sway the jury,
but you couldn't avoid expressing subconsciously,
in tone and in language, what you really believed.
This is absurd. How can you base a challenge on a judge's subconscious?
May I ask you a few questions, sir?
Of course.
I have here a leaf from your calendar...
Of the date of the novak trial.
It was found and given to me.
Is this your handwriting?
Yes. Do you remember when you drew that and wrote those words?
Yes. I remember very well. It was just before the district attorney's summation.
There's one more question I'd like to ask you, judge Cooke.
And on your answer depends the validity of my request for a new trial.
Ask it.
It occurred to me that those words "20 years"...
Might have referred to your 20th wedding anniversary, which happened to be on that date.
Well, of course they refer to that.
Do you remember what you were thinking at the time?
Could it have been the wedding anniversary?
Or was it the novak sentence?
It was the novak sentence.
I had decided that if the jury found him guilty,
what he deserved was 20 years, and there's no violation of the law in that, Mr. Douglas.
Not literally, but by your own admission...
As to the time and meaning of those words "20 years,"
I plead with you to consider how your charge to the jury might have been affected.
A judge is a human being, and I'm convinced...
That in spite of your best efforts to be impartial,
your belief in novak's guilt crept into your speech.
Well, in all my years of practice, this is the most absurd...
Mr. Douglas, in light of your argument,
I will reexamine my instructions to the jury.
Is that all? Yes, sir.
I'm sorry... please go now.
I hope you believe me, sir. There was nothing personal. My obligation to novak...
You've made your point, Mr. Douglas.
Uh, bring in a copy of my charge to the jury in the novak case, please.
Yes, sir.
Why'd you have to tell him?
Are you suggesting I should have lied to him?
Well, of course not, but...
There are no "buts." I'm accountable.
I'm sorry.
Would you get me ridgeville, 322, please?
Here you are, sir. Oh, thank you.
"Ladies and gentlemen of the jury,"
in a case of this character, it's up to the jury to find the truth,
"to make the charges and countercharges, the evidence and the arguments."
Hello, Cathy?
I've got a job for you. Start packing.
That's right. We leave tomorrow morning for Willow beach.
Yes, a sort of second honeymoon.
Yes, dear, yes. Of course it's all right.
Jim Wilder has agreed to take over my calendar.
Are you pleased?
Good. See you soon.
"If you agree that the evidence that's presented by the prosecution..."
Is true beyond a reasonable doubt,
"then you must find the defendant John novak guilty as charged."
"If you agree...”
That the evidence that's presented by the prosecution is true,
"then you must find John novak guilty."
If youagree, you must find novak guilty.
Would you get me judge Wilder's office, please?
If you agree...
Jim, on that novak case, Douglas was in to move for a new trial.
Yes.
No, I think you're wrong, Jim.
I have decided to Grant it.
He's not selfish, and he's not trying to avoid a discussion about David.
Now, you let me handle this in my way,
and by the time we get back from Willow beach...
I don't want to wait that long.
Do you remember when you first wanted your driver's license?
Remember what he said? Yes, but after all that...
And the time you wanted to go to the winter carnival at dartmouth?
Well, you went, didn't you? Well, of course...
Well, this will be the same thing, Ellie.
A father and daughter are very close,
but after all, I have known him a little longer than you have.
Well, I still don't see why I can't talk to him myself.
Something's worrying your father, Ellie.
I don't know what it is, but...
The novak case, I guess. Oh, well.
This vacation will do him a lot of good,
so you let me talk to him while we're away.
Well, I suppose that anybody that can talk him into going to the valley inn...
Can talk him into anything.
Thank you.
It seems different from the way I remember it.
Yeah. I thought it was much bigger.
Everything was bright and grand that day.
Remember how nervous you were?
I was not. Oh, except when the clerk said...
Do you have a reservation?
Exactly.
I'm judge Cooke. I sent you a wire.
You didn't have to. The place is practically empty.
I remember how embarrassed I was.
I was hoping he wouldn't ask...
The bridal suite? Exactly.
Sign here, please.
That crate of eggs don't seem too fresh to me.
Then send 'em back. Okay.
Thank you. Here you are. Suite a.
Front.
Can't send 'em back. Got omelet for our lunch special.
Then change the menu.
I already changed it once from chops to omelet.
Then change it back again.
- Okay. - Ambition is a treacherous Jade.
Twenty years ago I ran this elevator.
Then I wanted to be a desk clerk.
Then I wanted to be the manager.
But my biggest dream was that maybe someday I'd be the owner.
Little did I think that my good fairy would satisfy my every wish.
Want a kewpie doll?
No. I'm a big girl now.
Come right in, folks.
Oh, Calvin, do you remember?
It was right there you won that lovely ashtray for me... 10 cents.
Ten cents? That ashtray cost me six-and-a-half dollars.
And my reputation as a ballplayer.
Lady, guess your weight?
Want the man to tell you how much you weigh?
No. Let's keep that my little secret.
Step right up, folks. Your guess is as good as mine.
Hey. Hey, you with the eyes.
Hey, girls, what's your big hurry?
Fall fatally flat... five times.
I'll take the blond.
Still going on. I bet it's still fun too.
Come on, three throws for a dime. Aim for the pigs.
Come on, mister. Try your hand.
Show the beautiful lady how good you are.
What for? This one doesn't even give away ashtrays.
Tell you what, mister. The first three balls on the house.
As a matter of fact, I think the last time I threw a ball was right here 20 years ago.
Same pigs? Their great-grandsons.
Do you mind moving back a little, dear?
I beg your pardon, but aren't you being a little bold?
I beg your pardon. I thought you were someone I knew.
Is this man bothering you, lady? No more than usual.
Bet you can't get that pig down.
I'm in complete agreement with you, miss downing.
Oh, you know my name? Yes, and that you play the piano.
Better than you throw a ball. Granted.
Let me try it.
Ah, you don't want to.
'Fraid I'll beat you? Come on.
All right.
All right now. Watch out, everybody.
I did it!
Thank you, uh, very much.
Try the tunnel of love.
It's romance, education and relaxation.
See the exhibits while you relax.
Calvin. Calvin.
No, go back and then come this way.
No, Cathy. Go back and then come this way.
Do you know the way out?
Sure, lady. It's easy. Follow us.
Tricky, wasn't it?
What's the matter, Cathy?
Oh, Calvin, take me back to the hotel, please.
What happened? I don't know.
I don't know. My head hurts. I...
Oh, Calvin, I don't feel very well. Taxi!
Taxi!
Still bad?
It'll go away in a minute.
I've got something in my bag that'll help it.
Some, uh... some aspirin.
Here, dear.
This will make you feel better.
Thanks.
Calvin.
Yes, dear?
What time is it?
Almost morning. Sun's coming up.
You feeling better?
I'll be all right. Have you any more aspirin?
I think so, but...
I'll see.
Dear, I'm sorry I've spoiled the trip.
Nonsense. You did nothing of the sort.
There, uh...
There aren't any more aspirin, dear.
I could get some from the night clerk.
Don't bother.
I think I'll...
I think I just want to sleep.
Calvin.
No, no. It was a terrible attack, Walter.
I don't know how she stood the pain.
Well, yes, yes. I gave her the pills, but they didn't seem to do her any good.
Yes, sometimes the effect of the demarine doesn't last.
No, no, Calvin. They're very toxic.
No more than two in any 12 hours.
Is she comfortable where you are?
Good. What about her right side?
Well, try it without letting her know what you're doing.
Control yourself, Calvin. You've got a job to do.
Calvin, I don't want to hear you talk like that.
You still got a lot to live for. What about Ellie? What about your work?
Now you listen to me, Calvin. Do you hear me?
All right. All right now.
Oh, that crazy driver. He didn't even stop.
Look at that dog. He really mangled it.
What did they do to you?
He's badly hurt, that dog.
Whose dog is it? He's mine, officer.
Well, we can't let him suffer.
You'd better put him out of his misery.
I've had this dog for 10 years.
I know how you feel, old-timer. I've got a dog of my own. But it's better this way.
Stand back, everybody. Stand back.
Cathy. I'm out here, darling.
What are you doing out of bed?
I feel ever so much better.
I've even ordered breakfast.
The pain's completely gone.
Well, that's wonderful. It's probably the sea air.
They ought to bottle it.
- Calvin? - Yes, dear?
I've been thinking. What about?
About Ellie and David Douglas.
I gather, my dear, that you promised Ellie you'd work on me,
that you'd connive and persuade and plead...
Calvin, we wouldn't have dreamed of leaving Ellie alone when she had the measles.
No. Well, being in love is much more serious.
At a time like this, a girl needs someone to talk to.
These can be the most bewildering days of her life.
Do you want to go home?
Don't be disappointed, dear. It's been a rare holiday.
But I would like to be with Ellie.
So would I.
Something seems to be wrong with the car.
Tired?
How far do we still have to go?
Well, we're making pretty good time.
We ought to be home about 8:00.
It's just past 5:00 now.
It must be later than that. It's so dark.
The motor's been missing on the way up.
Would you take a look at it, please?
Pull up in here out of the rain.
Keep the motor running.
There's a lunch counter inside, dear. How about a cup of coffee?
No, thanks, dear. I... I think I'll just sit here.
Where is the nearest drugstore?
Huh? A drugstore. Is there one nearby?
Well, which way you heading? Ridgeville.
Well, the nearest drugstore is at Paramount...
About 20 miles up the way you're going.
Hmm. Spark plugs are all right.
Kill the motor. I'll check the fuel pump.
How long will that take? Well, it's hard to say.
Well, uh, get at it as quickly as you can, will you?
I'll get on it right now.
We'll have to wait here a few minutes.
You might as well come inside.
Better get out this way, dear. Keep out of the rain.
Have a cup of hot coffee, dear. It'll do you good.
All right. Good evening, folks.
Good evening. Two coffees, please.
Is your headache pretty bad?
Not too bad. I'm just anxious to get home.
There's a drugstore a few miles up the road.
We'll be able to get something there that'll relieve it.
Say, mister, it'll speed things up if you'll give me a hand.
Will you... you go ahead, dear.
I'll be all right.
There you are, lady.
Thank you.
It-it's too hot.
- May I have a glass of water, please? - Sure.
What's the matter, lady? You feeling sick?
A little, yes. Shall I call your husband?
No, don't. I...
I'll be all right.
Is there anything I can do for you?
If you would, yes.
Will you put in a long-distance telephone call for me, please?
Ridgeville, 322.
How much longer will it take?
Oh, not too long if this is where your trouble is.
Now, how late does that drugstore stay open?
Usually closes about 7:00.
Just a moment, please. Here's your call, lady.
Thank you.
Hello, mom. Where are you?
Yes, we got dad's wire. Julia has dinner ready.
Mom? What's the matter? Well, you sounded so funny.
Have you got a cold or something?
No, darling, I'm all right.
Don't wait dinner for us.
I just didn't want you to worry. I...
Yes. Yes, dad's here. I'll let you talk to him.
Good-bye, dear. I love you.
It's Ellie. I... told her we might be a little late.
- Hello, Ellie. - Hello, dad.
What's the matter with mom? She sounded so...
What? Well, why not tonight?
What's the matter with the car?
Look, I can get David and we'll drive up for you.
No, now don't do that. Wait for us at home.
I-I didn't say we wouldn't, but it's possible.
- What happened? - Dad?
Hello? Hello?
Operator, we've been cut off. Please.
I'm sorry. I... I'm so clumsy.
That coffee was hot. How's your hand?
It doesn't hurt.
I'd better get some butter for it. No, never mind.
You should put something on it before it blisters.
No, really. It doesn't hurt at all.
I didn't even feel it.
I...
I'm all right.
If she has to lie down, I have a room. You can spend the night.
Perhaps we'd better, dear. I'll go on to the drugstore.
No, don't. I... I want to go home, please.
Thank you.
Yes.
Oh, thank you.
She said they'd hung up. What time will they get here?
Dad said he didn't know.
And I think mom was crying.
Something's happened. I know it.
I had a feeling all along... Now don't you start crying.
Hello, operator, will you try and trace that call?
It was from judge Cooke.
I don't know. Probably a gas station somewhere on the Willow beach-Fairmont road.
About 80 miles from here. Yes, I'm sure you can.
It's terribly important. I'll hold on.
How much do I owe you? Oh, about 3.50 will cover it.
Three-fifty out of five. Never mind the change.
Oh, thank you, sir. You'd better step on it...
If you want to get to that drugstore before it closes.
Judge Cooke! Judge Cooke, there's a...
There's a call.
Too late now.
Keep your eye on him today, will you, David?
Yes, I know, but the doctor thinks it'll be good for him to get back to work.
Well, maybe tonight.
You come over, ahd we'll have a talk with him after dinner.
Isn't he down yet? Just a minute, David. He'll be right down, Julia.
Here he comes now. I'll talk to you later, David.
Right. Good-bye, darling.
Good morning, dad. Good morning.
- It's a beautiful day. - Yes. It's beautiful.
Breakfast is ready.
Oh, I... I don't care for any, thank you.
We have plenty of time. Yes, I know, but I...
I don't feel like eating.
Oh, well, at least have a cup of coffee while I phone for a cab.
Don't bother, Ellie. I... I prefer to walk.
Oh, but dad, not on your first day out.
Why? I feel fine.
Well, t'll walk with you then.
Wait half a sec till I get my jacket.
If you don't mind, Ellie, dear, I'd...
I'd rather you didn't today.
Well, good morning, judge.
Good morning, thanks.
Morning, judge. Glad to see you up and about.
Thank you.
Good morning, judge. Oh, good morning, Mr. pope.
No, thank you. But, judge...
Morning, your honor.
Well, good morning, judge. Welcome back. Have a chair.
I'll only take a few minutes of your time.
Yes. Something I can do?
Mr. Dayton, I want you, as district attorney of the county,
to issue an indictment charging one Calvin Cooke...
With the murder of his wife, Catherine.
What? I wish to make a full confession.
You're sick. You don't realize what you're saying.
Mr. Dayton, will you take my statement now,
or do you wish to do it later?
But, judge, you're in no condition to...
If you don't issue the indictment, I'll go to the state Attorney General.
And if he refuses, I'll publicly confess to the newspapers.
I've committed an act of murder, and I must be tried for it.
Well?
Yes, judge?
Ellie, I don't know what to say.
Don't, dad. You don't have to say anything.
You know I loved your mother. I know.
Dr. Morrison said there was nothing they could do for her.
I know. I know.
The first thing we have to do is get you back home.
There won't be any trouble raising bail.
No, Ellie. I don't want you to.
Oh, dad, you've been through so much.
Why do you make it so hard for yourself?
Have you seen a lawyer yet?
I don't need one.
There's no case for me.
You've got to have a lawyer.
Will you talk to Dave Douglas?
Ellie, try to understand. I'm guilty.
There's no question of defense.
I've committed a crime. What you did was no crime.
That's not true, Ellie. Anybody would've done the same thing.
That's not the issue.
My motives only explain what I did.
They don't excuse it.
I'm not gonna let you be your own prosecutor and judge.
I'm gonna see Jim Wilder.
Ellie.
I'm sorry, dad. Mr. crane.
Ellie... I forbid it.
Did you ask mother whether she wanted to...
No.
And I'm not gonna ask you.
Open the door, please.
No.
Since he's confessed, it won't be a jury trial.
It'll be up to the judge. Up to you, Jim.
You can let him off with manslaughter or a suspended sentence.
I'm afraid it won't work that way, Ellie.
You've got to, Jim. It's his only chance. You're his friend.
That's the very reason why I must disqualify myself.
Jim, if dad were about to jump off a bridge or shoot himself,
you'd stop him, wouldn't you? Of course.
Well, that's just what he's doing now, and you won't raise a finger.
Ellie, it's impossible. Believe me.
Another judge will be sent in. He'll be a good man, honest and just...
And your conscience will be clear.
Everything will be nice and legal and regular.
But my father will be sentenced to prison.
Ellie, child...
Thank you, officer.
Oyez, oyez, oyez. All men or persons having anything to do...
Before the honorable, the judge of the court of common pleas;
the court of oyer and terminer and general jail delivery;
the court-appointed session of the peace here hold on this day;
let them come forward and they shall be heard.
God save the commonwealth and this honorable court.
The people of the commonwealthof Pennsylvania v. Calvin Cooke.
Is the prosecution ready, Mr. Dayton?
Ready, your honor.
Does the defendant intend to act as his own counsel?
Yes, your honor, and I am ready.
You may proceed, Mr. Dayton.
"The said Calvin Cooke is accused by the district attorney..."
Of and for the county of shoreham, commonwealth of Pennsylvania,
by this indictment of the crime of murder, a felony, committed as follows:
That the said Calvin Cooke, on or about the 23rd of may, 1948,
at and in the county of shoreham, commonwealth of Pennsylvania,
did willfully, unlawfully and feloniously...
"And with malice aforethought, murder one Catherine Cooke, a human being."
How does the defendant plead?
Guilty.
If it please your honor, I would like to say a few words in this matter.
- Who is addressing the court? - David Douglas, a member of the bar of this city.
What's your interest in this case, counsel?
Your honor, I've known the defendant for a considerable period of time,
and I'm familiar with the facts in this case,
and therefore, I would like to ask the court to appoint me as counsel.
Your honor, I am perfectly capable of acting in my own behalf.
May I respectfully refer the court to the people v. Chesser,
29 advanced California reports page 826,
in which the supreme court of that state held that where a man pleads guilty...
Of the charge of murder and refuses to have counsel,
the court must appoint counsel in order that the defendant be given his entire rights...
Under the law. The court is familiar with the cited case and others.
Your honor, that same case made an exception...
Where the defendant knows his rights under the law.
I have been a member of the bar, a judge on the bench...
I know the defendant by reputation,
and I assume he is qualified to handle his own defense.
However, this court will rule...
That justice would best be served by the appointment of attorney.
Further, I hereby designate Mr. David Douglas...
From the bar of this city.
Thank you, your honor.
Now with the court's permission, I would like to change the defendant's plea...
From guilty to not guilty by reason of...
Your honor, according to the rules of law,
I can discharge any counsel appointed by the court.
If Mr. Douglas moves to change my plea,
then I refuse to accept him.
I am guilty, and that's the way it will stand.
Under the circumstances, I withdraw my motion to change the plea.
Has there been anything added to this confession?
No, your honor.
Dad, please. Ellie, dear,
I know what I'm doing. Don't try to interfere.
Uh, before sentencing the defendant,
is there any legal reason why the sentence should not be pronounced at this time?
May it please the court to delay the pronouncing of sentence...
Until I have had a chance to show that there was no premeditation...
And that there are extenuating circumstances in this case?
Your honor, this is completely irrelevant.
Judge Cooke, you are the defendant here. I will determine such questions.
As a judge, you know that I must hear any evidence...
Which might help me to arrive at a just sentence.
Does the commonwealth have any objection...
To the introduction of evidence at this time?
None, your honor.
You may proceed, Mr. Douglas.
I would like to call as witness Dr. Walter Morrison.
Dr. Walter Morrison?
You're merely wasting the court's time, Douglas.
Please, dad. Let David do what he can.
Shall be the truth, the whole truth...
And nothing but the truth, so help you, god? I do.
State your name. Walter Morrison.
Dr. Morrison, what is your profession?
Your honor, the prosecution stipulates that Dr. Morrison...
Is a distinguished neurologist and brain surgeon, and accepts him as an expert.
Thank you, Mr. Dayton.
Dr. Morrison, we have been given to understand...
That judge Cooke's wife was suffering from an incurable ailment...
From which she might have died at any time.
Is this correct? Yes.
Did her illness also involve intense pain,
which perhaps might not be alleviated by medicine? Yes.
Wouldn't you say that it's a natural desire to want to end that pain in someone beloved?
Why... is it or isn't it?
Why, ves, it is a natural desire.
Dr. Morrison, do I understand you to imply...
You are in favor of mercy killing?
May I respectfully submit, your honor, that Dr. Morrison's opinion of mercy killing...
- Is not relevant to the question. - Of course it isn't, counsel.
But since the purpose of the testimony...
Is to permit the court to inform itself as fully as possible,
I am very much interested in the witness's opinion.
Please answer my question.
There are many who approve of mercy killing, your honor.
The court knows that, doctor. But what's your opinion?
Well, it's a little difficult to answer.
Well, please try.
Then I must say that, personally, I am opposed to it.
Under any circumstances?
Under any circumstances.
Walter, how can you possibly...
The defendant will remain silent.
Dr. Morrison, would you say that immediately before the death of his wife,
judge Cooke was in a normal state of mind?
Your honor, this is apart from the question of my guilt.
My alleged state of mind...
For the last time, I warn the defendant...
To address the court through his counsel. Proceed.
Dr. Morrison, will you please answer the question?
In my opinion, judge Cooke was not in a normal state of mind.
On what do you base that opinion, doctor?
I spoke to him on the same day that he...
On which his wife died.
He phoned me from Willow beach to talk about Cathy... Mrs. Cooke.
And what did he sound like on the phone?
He broke down. He...
He talked as though he were emotionally unbalanced.
In my opinion, he was.
Then I have no further questions, your honor.
Dr. Morrison, what did he say that gave you the impression he was emotionally unbalanced?
He said that...
He said that he was thinking of doing away with himself...
And his wife.
Counsel, did I understand you to contend there was no premeditation?
- Yes, your honor. - Well, the witness's response...
Seems to indicate that there was.
No. No, your honor. That statement doesn't indicate premeditation.
Judge Cooke could have said something like that only if he were under severe mental stress.
He wasn't planning anything. He was confused and beside himself.
It's this interpretation that I ask the court to consider when passing sentence.
Well, either interpretation is possible.
You may continue.
I have no further questions, your honor.
- David. - Does the commonwealth have any questions?
Uh, no questions.
Quiet in the courtroom.
If it please the court, may I ask Dr. Morrison one more question?
You may.
Dr. Morrison, is there any possibility...
That Mrs. Cooke might have died before the accident occurred?
Well, surely, counsel isn't suggesting...
The witness give an opinion about something he couldn't possibly know.
I withdraw the question, your honor.
Doctor, is there any way of finding out...
Whether Mrs. Cooke might have died of her illness...
During that ride before the time of the crash?
Why, yes. An autopsy would reveal the cause of death.
Then if it please the court, in view of the seriousness of the charge...
And the type of punishment which is possible,
I move that the court postpone sentence on the defendant...
Until such time as an autopsy can be performed.
Commonwealth have any objection?
None, your honor.
It is so ordered.
This matter is continued for two days...
Until the 23rd of June at 10:00 in the morning.
Court's adjourned.
You said you were opposed to mercy killing, Walter. Why? Why?
Because there are 10,000 laboratories working at this minute all over the world.
What is incurable today is curable next Wednesday.
Six months from now... Six months. Six years.
Meanwhile, Cathy was in agony.
What would you have done?
I don't know, Calvin.
It doesn't matter. It's all over now.
There's no point in torturing yourself.
While we were driving through the rain,
I looked at Cathy.
She was asleep.
I said to myself, "now she has no pain.
She's at peace for the moment."
I knew then I didn't want her ever to have pain again.
I was sure it was the only thing to do.
And I was right, Walter.
I was right, wasn't I?
Are you sure the coroner said he'd call you?
Yes. He...
Sit down, boy. You're wearing out the carpet.
I knew a man once who walked himself right through the floor.
Disappeared for three weeks.
Oh, come on, darling. Stop worrying.
Why does he insist on staying in jail?
Why won't he let you change the plea?
To what?
Anything.
Not guilty by reason of insanity.
Well, if he did that, darling, then as a defendant,
he'd be denying his whole philosophy as a judge.
Coroner ought to be finished by now.
Uh, ridgeville, 245.
I remember when I was teaching Calvin in law school.
He was considered quite a radical in those days.
Hello, this is Dave Douglas, judge Cooke's attorney. Have you...
Well, let me talk to Dr. Boyd.
The assistant says Dr. Boyd isn't finished yet.
Hello, Dr. Boyd? Yes, I'm sorry to have bothered you, but I...
Yes, well, please let me know as soon as you've finished.
Only the first part of the autopsy is completed.
Wh-what did they find?
Your mother didn't die as a result of the illness.
Dr. Boyd, did Mrs. Cooke die as a result of her illness?
No.
Did she die as a result of the automobile accident? No.
Then, Dr. Boyd, will you please tell the court...
What she did die of?
We went through the usual procedure, and we found that death was caused...
By an overdose of demarine.
There'll be order in the court.
Dr. Boyd, in your opinion,
was Mrs. Cooke alive or dead before the time of the accident?
According to our analysis, she was dead.
I have no further questions, your honor.
The prosecution have any questions?
Well, I must admit to a certain confusion at this point.
Does counsel mean to imply that his client is not guilty of the charge,
or that he is guilty of committing the act by other means?
Your honor, I would like to call two more witnesses who will answer Mr. Dayton's question.
And ultimately, we may ask leave to change the plea.
This is somewhat irregular,
but the court will permit the interrogation.
I call William Pearson to the stand.
Yep. I seen this lady before. Where?
She came into my drugstore at Willow beach.
- And what did she do there? - She gave me a prescription to fill.
Of what? Demarine. 20 tablets.
What are you trying to show, counsel?
That sometime during her stay at Willow beach,
Mrs. Cooke discovered the truth about her illness.
That's just a guess, counsel.
That much is, but her finding the prescription and getting it filled is fact.
Which leads us where? To my next witness.
I saw her put some pills into a glass of water.
Did you see where she got them from?
Yes, sir. Her handbag.
- Did you see the container? - It was a bottle.
I found it later when I was cleaning up.
It had "demarine” written on it,
just like the drugstore man said.
That's all, your honor.
Has the prosecution any questions?
None, your honor. Witness may step down.
Your honor, I move to change the plea from guilty to not guilty,
and for a dismissal of the case.
The court will permit the plea of guilty to be withdrawn.
However,
the defendant, an honored member of society,
has publicly confessed his intentions to murder a fellow human being,
to commit what is commonly called "mercy killing."
What about these intentions?
I raise the question because the defendant is a judge,
and as a judge, he has an influence on the community.
In this regard, there is a danger that others may follow his example...
And act to take a human life for a similar reason.
To them I say that while I pronounce the defendant legally innocent,
I must in all conscience pronounce him morally guilty.
Case is dismissed.
Your honor.
Quiet the court.
Quiet in the courtroom. Quiet in the courtroom.
Your honor. Yes, judge Cooke?
May it please the court to permit me to make a statement?
Well, technically, there is no case any longer pending before this court.
However, I see no reason why I shouldn't Grant your request.
Your honor, I am grateful for the court's statement of its conscience.
Ever since the death of my wife, I have been deeply troubled,
not only because I lost someone who was dear to me,
but because I couldn't decide in my own mind as to whether I had done the right thing,
whether any man has the right to take another's life for any reason.
In the last few minutes I find that I did not take a life,
so I stand before this court legally free, legally innocent.
Yet, your honor, you asked the question.
Am I not morally guilty?
Yes.
My intentions were to kill.
I stand morally convicted.
You might ask, your honor, what I will do to expiate this guilt.
Must I never again sit in judgment on other men?
Shall I give up my life's work?
My answer is no, your honor.
And I will tell you why.
It was not so long ago that I sat in this court on that bench...
And refused to consider as relevant...
The intentions of another man.
Since that time, in this same court,
I have sat as a defendant.
In doing so,
I have learned that intentions are important.
I have learned that a man can be, like myself,
legally innocent, yet morally guilty.
And by the same token, I now believe it possible...
For a man to be legally guilty and morally innocent.
A man's heart must be considered.
I hope I will be permitted to remain on the bench.
And if I am, then henceforth in this court,
a man shall be judged not alone by the law,
but by the heart as well.
Subtitles Diego Moraes(oakislandtk) www.opensubtitles.org