Original subtitles

Which nobody can deny Which nobody can deny For he's a jolly good fella

Professor Tate, I've been applying myself.

Sometimes I'm happy to be proven wrong.

Even about you.

We've all been applying ourselves, Professor, but your class, so

hardly seems like work.

If it's hardly like work, then you have missed the true fascination.

Professor, a nightcap.

Oh, that's enough. No, no, no.

Professor, now, tonight, tonight, you can't order around these poor,

students or your overworked teaching assistants.

Tonight, Professor, let us show you how we really feel about you.

Professor, you have no idea how important you are to us or how you've

our lives.

Here's to you, sir.

succumb to such blatant flattery, but this time I'll make an exception.

Here.

Here's to all the good friends that I've made here.

Cheers.

Ah, well.

I think it is time for... I've actually done it. Easy,

easy. The party's just begun.

It's okay. Now let's go.

You blouse and drunk.

You're going to pay for this.

You're going to pay.

Ben. Ben Matlock. Professor, take what happened.

What happened is they've got me locked up in here like some common criminal.

Well, Professor, if they think you've committed a crime, they'll lock you up

whether you're common or not. But I haven't committed any crime.

Not really.

Professor, what are you doing here?

I don't really know. They booked me for driving under the influence of alcohol,

minor property damage.

Apparently, I struck a dog.

Were you driving under the influence?

Well, I had a few glasses of champagne.

A few?

I don't remember what happened, Ben, so I can't.

But obviously, all these charges are mere allegations, and unless and until

they are proven in a court of law, my presumption of innocence remains intact.

That's right.

Hi, Frank.

Ben, you're up early. Early bird gets the worm.

Frank, I'd like you to meet my law professor from Harvard. Right now, he's

visiting professor out here at Baxter. Lieutenant Daniels, Professor Erskine

Tate.

You're the reason I missed breakfast, Professor Tate.

How's that, officer? I'll explain in my office, Bill Nye.

This is a report from Forensic State that went over your vehicle.

They found blood in human hair.

On the front fender, that match sample's taken from the victim. Also, fragments

of a headlight glass taken from the victim's clothing.

Victim? Victim. Are you suggesting the professor hit somebody?

And ran, as in hit and run.

That's impossible.

I've never even had one citation for a moving violation.

Last night, sir.

And about ten minutes after 11, one James Donaldson, a postal employee, was

down by a car at the intersection of Central and 34th.

And guess what?

It was Mr. Donaldson's hair and blood that was found on Professor Tate's car.

Here is the report.

Well, surely you must know this is all circumstantial, haven't you?

Oh, really, Professor?

Young man, I have forgotten more about evidentiary procedure than you could

possibly imagine.

So you can save your intimidation for somebody else.

Frank, could I have a word with my client?

Okay, Ben.

Professor, you're not in a classroom now, so you're going to have to behave

yourself. I did not hit anyone. This is all circumstantial. And besides, he is

offensive. He can be a lot worse than that.

Now, calm down unless you want to be the oldest man in the Georgia State road

gang.

Frank, you know, the professor has a point about circumstantiality. Now, if

that's all you've got on him... Not quite, Ben.

Not quite.

All right, gentlemen.

Take your places in front of the numbers on the floor.

No talking.

Face front.

Good.

Hello, Mr. Gaines. Over here.

They can't see you, so point the gentleman out for me, please.

And take your time. I want to be sure.

You are positive?

Yeah. Well, thank you very much, sir.

That's it, Charlie. You want to move him out?

All right, Ben. I'm booking your brilliant legal mind for homicide.

I shouldn't have done what they said. I would have remembered.

You've apparently forgotten everything I ever taught you in my classes.

Your approach is wrong. The defense must develop its own attack.

Questions like these.

Was this street adequately lit? Was this postman in a crosswalk? How was the

victim dressed?

Was there a causal connection between the driving and the death?

The DA's going to have some questions of his own.

Like, um...

Why did your station wagon have traces of the victim's clothing and blood on

bumper? How much had you been drinking?

Why is it you can't remember how your car ended up on someone's lawn in the

middle of the night? Questions like that.

Must you do that?

Helps me think.

I can't concentrate while you're playing that thing.

I can't concentrate without it.

Matlock, if you please.

Professor, this isn't a classroom.

Young lady, I am trying to focus on the issues at hand.

You can call me Charlene, and the issue at hand is whether or not you ran this

man down. I did not run this man down.

Are you sure?

I... I...

If you don't remember, how can you be so certain?

Your job is to defend me, young lady, not lecture me.

I would never presume to do that.

I'll be in my office if you need me.

Good thing she doesn't work for the D .A., huh?

Ben.

I am terribly sorry about what happened to that poor man.

But somehow I would remember if I'd hit someone.

Everybody wants to believe that, Erskine. Nobody more than I.

Why don't you go home and get some sleep?

Yeah.

And naturally, I won't discuss the case with anyone.

Good idea.

He was your favorite professor, and I ought to go easy on him.

No, I think he deserved it.

So I like the story about the mule. You got to get his attention first.

Now that you have it, maybe you can take it a little easy. He's in a difficult

position. Oh, I know, Daddy. It's just that all my life I've heard what a

wonderful teacher he was.

He never told me he was such a pain.

First can can sour on you.

But without him, I would never have gotten through law school.

I tried to quit once.

He threatened to beat the hell out of me.

I owe him a lot.

Well, do you have any clues as to how to defend him?

Not yet.

One thing brings the right chimes. I've had dinner with him a few times.

He's had a drink or two.

He doesn't drive 20 miles an hour. It's more like 10.

According to the police report, whoever hit that fellow is doing around 70.

I think we should keep an open mind.

Especially me.

If it rings the right chimes.

Yeah, I was just closing. Matter of fact, I'd have been almost gone.

Only a customer came in late.

Yeah. Bus pulled up over there on the corner. This guy gets off and starts

across the road.

Long come this blue station wagon going like hell.

Hits the guy and he lands over there.

You saw the whole thing?

Yeah, yeah, yeah.

Standing right here, I ran over to help him, but he was dead already.

This customer, you think he's going to?

How about the time I turned around, he was gone. You know how some people don't

like to get involved.

Did you recognize him?

No, not really.

He left.

But if he hadn't come in, oh, did I miss the whole thing?

Must have been terrible seeing a man get hit like that.

Oh, awful.

Do I know you?

We've never met.

Could have sworn I'd seen you before.

But you're not sure?

A lot of folks come in here.

That's what I thought.

He finally found his hat, which was on the piano, drank some more champagne and

staggered out into the night.

And that's the last you saw him that night, Professor Williams? No, I saw him

cross the parking lot, get into his car and drive away.

You mean that you saw that he was intoxicated and you let him drive?

Well, I tried to argue him out of it, but I couldn't.

He's a very stubborn man, you know.

I heard him arguing with Mr. Billings. He was trying to talk him out of another

drink, but he insisted on having one.

And about what time was this?

I'm not sure.

But I know he was pretty drunk by the time he finally left.

I remember he didn't know where his hat was, but it was right there on the

piano, right in front of him.

So you were there when he left?

Oh, yeah.

I remember he couldn't even find his hat, and it was right in front of his

Really? Yeah, on the piano.

Then we walked him outside, figuring maybe, you know, the fresh air would

him. Who's we?

Me and Mr. Billings.

Did you see him get into his car?

Yeah.

Anybody else see him?

The guard in the parking lot. You must have seen him. Why is that?

Well, I mean, he was there on duty.

Where's the cream for my coffee?

They didn't have any real cream. Just some of that white oily stuff in the

little container.

You know I like cream in my coffee. I'm sorry, Professor.

Look, I can't drink this without cream.

Make you feel better if I don't drink mine?

Morning, Ben.

Morning, Tyler.

There's those police forensics reports on the Tate case.

If you ask me, it's open, shut, and locked up.

Look at it. Am I right or am I right? Ask him.

Who him?

Professor Tate.

This is Tyler Hudson, our investigator.

Naturally, Professor, when I referred to the case as being open and shut and

locked up, I was just referring to the prevailing theory.

And, as you know, disproving prevailing theories is the name of our game.

Does he always talk this much?

Yeah.

We're just checking the bus schedule, clocking some of the arrivals. Most of

them seem to be on time. Was the bus late that night?

Matter of fact, it was. Ten minutes late.

Victim was a postal employee.

That was his regular bus that let him off at this corner every night at 11 o

'clock. Except... Except the night he was killed.

The bus was ten minutes late.

So what?

Tell him about the second eyewitness.

I was coming to that, Professor.

Tyler, is there anything in the police report about a second eyewitness?

No. Well, there was one.

Pulled into that gas station, then pulled out after the man was hit.

I'd sure like to talk to him. Ben, I don't mean to tell you your business,

in this case, one eyewitness is enough.

Let's go.

Where are we going?

See a man about a doll.

Nobody at home.

There's a tire track.

Yeah, the car stopped right here.

Yeah, it just stopped.

I mean, there's no skid marks.

The man's supposed to be speeding. Why didn't he just run into the house?

You know, I don't know.

Neither do I.

Did the forensic report say anything about hair or traces of the dog on the

No, just human hair, human blood. This could be significant.

The police may have just missed it. I need to talk to that other witness.

Well, what do you got for me?

Well, the gas station attendant said he is driving a red 86 Chevy Camaro.

Got a license plate number?

He didn't get it.

Oh, well, that's no problem. There's only about a half a million of those

scattered throughout the country. It has chrome valve covers and side pipes.

Gas station attendant knows his car, says there can't be many of them.

Check the custom shop.

I got you.

What are we going to do?

We do nothing.

We stonewall.

You lied to us.

You told us we were going to side swipe a bus and get tossed out of school. You

never said anything about...

killing anybody.

It was an accident.

It was no accident. You set this whole thing up. You knew all along. You used

us. Shut up.

Now, it's too late.

The only thing that will save your neck is if Tate is convicted.

I started barging in, but I did have one last question.

Oh, yes, of course.

Um, now, originally there were a dozen students at the party. That's right.

Why did the others leave?

They all had papers to complete.

And you two had finished yours?

Oh, yes.

No wonder they're your star students.

Well, thank you.

And then when I came into Billings' office, they all looked very, very

I heard them arguing about something as I came down the hall, but I couldn't

quite make out what it was.

What else?

Oh, not much.

Oh, I did interview the campus security guard who said that he saw Tate leave.

Did he get a good look at him?

Not really.

He's about 50 yards away.

He did say that Professor Wave goodnight.

We're 50 yards away?

Yeah. Why?

Did he say whether or not he had on his glasses?

Actually, he said he wasn't.

Erskine can't see 50 yards without his glasses.

So what do you think?

I don't think the professor was driving that car.

We've been subpoenaed. Well, of course you have. You're a witness. What about

you? Well, not yet.

But I'm sure they'll get around to it.

Excuse me.

Excuse me.

I'm looking for Professor Tate's office.

Mr. Matlock?

That's right. James Billings.

This is Eric Lane and Wesley Wallace.

Oh, yes, yes, yes.

So which way is his office?

Well, he hasn't been in recently.

Oh, I know. He asked me to pick up a few things for him.

Well, if you have the time, we'd like to hear about the case.

You sure I'm not interrupting?

Oh, not at all. Oh.

You know, Erskine's been after me to come over here and lecture.

I just never found the time to tell you the truth. I don't know what I'd say.

Just what is your line of defense?

Well, I've always felt that the wrong Holmes is taught in law school.

It ought to be Sherlock, not Oliver Wendell.

The most important thing he ever said, if you eliminate the impossible,

whatever's left, no matter how improbable, must be the truth. How would

apply to the Tate case?

Well, first off, I'd try to touch on things that don't add up, like the fact

that his car never actually hit the dump, why the car stopped where it did,

things like that. I'd try to raise the question in the jury's mind that maybe,

just maybe, Professor Tate wasn't driving the car at all.

He was identified in the lineup.

Oh, I know. I know. And he was seen leaving the party. The campus guard said

waved to him from 50 yards away. Hell, Erskine can't see 50 yards. He wouldn't

have waved.

Fascinating.

Yeah, well, if I can prove that, then I'll get into the improbable. But what's

that?

Oh, I haven't narrowed that down yet.

But let's speculate, just for the purpose of conjecture.

There was a conspiracy.

What kind of conspiracy?

Well, let's say for whatever reason, the three of you wanted to get rid of

Professor Tate.

What?

Just for the purposes of discussion, let's see if I can build a case on

supposition. Now, my daughter interviewed the three of you, and you

recalled the same details.

Now, it's very difficult to get eyewitnesses, three, to recall the same

unless they've been coached. But as lawyers, they're already trained in

observing and recalling.

Of course, of course, of course, of course.

But if I were to start with that thought, that the three of you wanted to

rid of Professor Tate, then I'd have to raise certain questions.

For instance, what if you drugged his champagne?

What if one of you put on his hat and coat, walked to the car, waved goodnight

to the guard?

What if you then drove around to the back and the other two brought Professor

Tate to the car? And you drove that car to the intersection and waited for that

bus to show up.

What if the bus was late?

Then one of you would have to drive across to the service station and keep

owner there so that he didn't go home. Stayed open so that he could be that all

-important eyewitness.

Things like that.

It's just conjecture.

Well, I know you've got more important things to do than to listen to me, so

I'll see you in court.

Where did you say the professor's office? Oh, it's the third door on the

Thank you.

Morning, Ben.

Hi, Lloyd. This is a tough one for you. You think you know someone, you find out

you don't.

I know him.

Morning, Lloyd.

Hope you're prepared.

Hi. Where's the professor?

Oh, Erskine's late for everything.

Larry.

I'm keeping an open mind.

Ben, I've got good news. Yeah.

Sutterfield versus the state of Missouri.

I've almost forgotten about this case, but it has an important precedent in it.

Erskine. And don't let me have about Hammerville versus Young.

Erskine. And more importantly, Wilson versus Davenport. Erskine.

Okay.

This is not moot court at Harvard. This is a jury trial.

I'm bringing a bunch of case law in here to confuse this jury.

You'll be up the creek without a shadow of a paddle.

Save it for appeal.

It's that bad, isn't it? I'd practice looking innocent.

It's nice to see I have a curing thing.

No, they wouldn't miss this in the world.

Yep.

Gang's all here.

Mr.

Gaines, you heard the creature break, and then what? Then I saw the man get

of the car and look down at the guy he hit and jump back in and drove off.

Can you identify that man that drove off?

Yes, I believe so.

If he's in this courtroom, would you please point him out?

It looked like Mr.

Tate.

Indicating the defendant.

No further questions.

Your Honor, before I examine my next witness, I'd like to move that Mr.

Wallace be excluded from the courtroom.

Granted.

Mr. Wallace, would you wait outside, please?

Why don't you go inside and watch the show?

I'm a witness in this case.

You are a witness in Ben Matlock's case?

Yeah.

That man is a devil in the courtroom. I have seen him cut up witnesses like a

surgeon.

How do you know so much about him?

He ruined my brother's life.

How?

He sent him up.

And for all things, perjury.

Now, Mr. Gaines, you were standing here that night, and the accident took place

over here. Is that correct?

Yes, it is. Huh.

Mr. Gaines, the man who got out of the car, what was he wearing?

A trench coat and hat.

When you identified Professor Tate in the lineup, what was he wearing? A

coat and tweed hat.

Did you recognize him?

No.

So, would you say that we have clearly established that someone wearing a

coat and a tweed hat got out of that car?

Objection. Calls for supposition.

Your Honor.

Sustained.

The record already shows the witness said it looked like Mr.

Tate.

Now, what time do you close up at night?

11 o 'clock.

But the accident took place at 10 minutes past 11. Why were you late

Objection. Relevancy.

Your Honor, I am about to establish relevancy.

Overruled.

Proceed, Mr. Matlock.

Why were you open late, Mr. Gaines? As I was closing, a man came in. His engine

was conking out, so I took a look.

Oh, so you and the driver of this car saw the accident? Well, I don't know

he saw. I ran into the streets to see about the guy who was hit.

I turned around and yelled to the man in the car to call for help.

He took off.

Could you identify this man?

No, sir.

Was there anything special about the car that would enable you to recognize it

again? Yeah. Yeah, it was an 86 Chevy with side pipes.

Have you seen the car since that night?

Yes, sir, I have.

Where was that?

It was in a student parking lot out at the university.

What's the license plate number?

RME 339.

Would you please tell the court who took you to the university to identify that

car?

You did.

So just because my brother hung in with his buddies, he's now doing 20 years.

I went up to see him one time and I haven't been back since.

Why? I was too painful, man.

The boy had lost 20 pounds. Someone had bit off part of his ear. All his hair

fell out. He had chewed his fingernails down to the knuckle. It is pitiful what

jail will do to a person, and all because of perjury. Wesley Wallace?

Man.

Mr. Wallace, after Professor Tate's birthday party, did you drive directly

No. I gave Mr.

Billings and Eric Lane rides to their apartments, and then I drove home and

to bed.

You didn't stop anywhere else? No, sir. Not for food or gas?

What kind of car do you drive?

86 Chevy.

With those special side pipes? Yeah. License plate RME339?

Yeah.

Mr. Wallace, you're currently finishing your third year of law school, is that

correct? Yes, I am.

Then you're aware that giving false testimony under oath is a serious crime.

Yes. Mr. Wallace, we've just heard testimony that it was, in fact, your car

pulled into that gas station the night of the accident.

Your car has been positively identified by Mr. Gaines. Now...

I'm going to give you an opportunity to reconsider your testimony.

What were you doing in that gas station?

My engine was misfiring.

So it just happened. that you rolled into this gas station 15 miles from home

the exact same moment somebody ran down the victim. Yes. Why didn't you come

forward as an eyewitness?

I didn't want to testify against Professor Tate.

So you perjured yourself?

Risked ruining your career?

Yes. Ran a strong possibility of going to jail, all for Professor Tate? Yes.

That's very noble.

Except we have you to thank for the eyewitness testimony against Professor

Isn't it true that gas station was closing when you rolled in there? Yes.

Isn't it true that had you not gone in there, the gas station attendant would

have been gone and would not have seen the hit and run? I suppose so. Isn't it

true that you lied to this court because you were part of a conspiracy to frame

Professor Tate? No. Isn't it true that that particular night the victim's bus

was late and you had to improvise some way to keep the gas station attendant

there so he could see somebody dressed like Professor Tate? Get out of that

Objection.

Assumes facts, not in evidence. Calls for speculation.

Sustained.

Mr. Wallace, unless you tell the truth now,

you will never be able to walk into a courtroom as long as you live

without shame for what will happen to Professor Tate here.

It's dishonorable, if indeed, for a man like Professor Tate to be convicted of a

crime he did not commit.

Now...

Who was driving that car the night of the murder?

Professor Tate.

No further questions.

Mr. Burgess?

No questions, Your Honor.

Court will recess until 2 .30.

Really think this was a conspiracy?

Yes. They did it? Yes.

Why didn't you tell me?

Professor, I didn't want you grading me on my theory.

Just my results.

I flunked the course.

I misread him.

Ben, you did get it out in the open.

Well, I guess we better go hit the book.

Mr. Lane, do you recognize this paper?

Yes, I do. That's my thesis for Professor Tate's class on...

Right to attorney.

You wrote this paper?

Yes. Oh, and I see you have an A. Congratulations.

Thank you. It must be particularly gratifying to you since your transcript

that your academic record was, well, much lower.

I've been applying myself.

That's certainly true. I mean, you were on the verge of flunking out last

semester, isn't that so?

Yes.

You'll notice on this thesis of yours that I've marked a few passages in red,

and I was wondering if you wouldn't mind reading the first of these out loud.

For the most part, and with only a paucity of exceptions, primarily the

states, the extension of right to counsel was desultory prior to 1932.

Not until the Supreme Court's decision in Powell versus the state of Alabama

it clear that pro forma appearance by counsel...

Mr. Lane, isn't this the exact wording in your thesis?

Yes.

I've been reading Justice Smith's dissenting opinion in State of Alabama

Jenkins, 1937.

Can you explain why your paper is identical to the published opinion of

Smith's?

No. Isn't it true that you plagiarized your paper?

I don't know. Isn't it true that you plagiarized several other papers as

And before you answer, let me tell you that we've checked and we found where

you've copied them from.

Think very carefully before you answer.

Isn't it true that your papers are plagiarized?

Yes, it's true.

Who graded these papers which were responsible for keeping you in law

They were for Professor Tate's class.

Ah, but you know that Professor Tate does not grade his own papers. Who

these papers for Professor Tate?

Mr. Billings.

No further questions.

Mr. Burgess, I have no questions of this witness, Your Honor.

You may step down.

Your Honor, we call James Billings to the stand.

Mr. Billings, when did you first meet Professor Tate?

At the beginning of last semester when he took over the Halvern Chair of Law.

And you specifically asked to be his teaching assistant?

That's right.

You must have been honored when he accepted you for that position. Yes, I

Oh, by the way,

Is that your real name, Billings?

Yes, of course.

It was never changed?

Well, actually, it was changed when I was quite young.

My mother changed our name.

It was originally Blaine.

I see.

Why did she do that?

I don't know what her reasons were, Mr. Matlock. My mother never confided in me.

I was only seven years old at the time.

Your Honor, Mr. Matlock seems to be on another one of his patented fishing

expeditions. That's right, Your Honor.

And if you'll bear with me a moment or two, I'm going to reel in a big one.

Very well, but please come to the point.

Yes, sir.

Now, Mr.

Billings, or Blaine, your mother changed your name.

Where was your father?

He was dead.

Under what circumstances did he die?

He committed suicide.

Would you tell the jury what precipitated that act?

I was very young. I really don't remember.

Isn't it true that several high -ranking officials in your father's bank were

found guilty of fraud?

Yes, I believe so. Isn't it also true that the banker most culpable was a vice

president named Arthur Blaine who killed himself?

Yes. And didn't you blame the special prosecutor brought in to try the case?

Didn't you blame that man, Erskine Tate, for the death of your father? No.

Why didn't you tell him who you were?

Because it would have been embarrassing to Professor Tate and to me if I had

broached the subject.

Besides, it was a long time ago.

Revenge is a dish that tastes better cold, isn't it?

I wouldn't know.

Mr. Billings, isn't it true that you knew...

that students Wallace and Lane had plagiarized their paper.

No. But you're something of a legal scholar.

But I still didn't spot it.

Instead of throwing them out of school, you forced them to go along with your

plan to drug Professor Tate and frame him for murder.

Mr. Matlock, you know as well as I do that none of this has any basis in fact.

I know this.

I know you killed an innocent man.

to satisfy your warped need for revenge.

Objection! Sustained.

Your Honor, at this time I'll ask the court's indulgence for that unusual but

vital witness in this case we discussed in chambers.

Your Honor, the prosecution restates its objection for the record.

So noted.

Proceed.

I ask Messrs. Wallace and Lane to stand and Mr. Billings to step down.

Your Honor, it's essential to our case.

Step down.

Mr. Billings, do you recognize that dog?

No. It was thought the dog was hit by Professor Tate's car.

But when the forensics people went over the car, they found traces of human

hair, human blood, but no traces from the dog.

What would you deduce from that, Mr. Billings?

I wouldn't.

Well, obviously, the dog was not hit by Professor Tate's car.

Apparently, somebody beat the dog with something. You wouldn't have any idea

with what.

No. You know what I think?

I think you drove that car up on that long, the dog came for you, and you beat

that dog with probably a tire iron.

This animal can't testify in the traditional sense.

But I don't think he's forgotten who beat him savagely.

And left him for dead beside Professor Tate's car.

Stop him!

Didn't you beat this dog senseless?

Yes! Get him away from me! Isn't it you and Professor Tate's car?

Yes! Wait! Don't answer the question.

Will the defendant please rise?

Has the jury reached a verdict?

Your Honor, we find the defendant not guilty.

Court is adjourned.

Good work, Al.

Again.

I told you, never any doubt.

That was quite a stunt you pulled.

That wasn't a stunt.

That's the same dog, a trained attack dog.

If Billings hadn't hit him when he had, he'd never walked out of that yard.

Son of a gun.

Well, I guess I ought to thank you. I suppose you ought.

I'll settle for a handshake.