Unashamed: A Romance (1938) Script

Oh, you needn't bother.

I had on my service lipstick. Yeah? Well, I'm not going to .. hic!


You'd better take it easy. You're beginning to smell like a bar.

Oh, I can take care of myself alright.


How was it? You were wonderful darling.

You and Joan dance so beautifully together.


Don't be silly. Your own sister?

Let's get out of here.

Just as lovely as ever. You haven't changed a bit in two days.

It seems like two years.

Why haven't I heard from you? Where have you been?

Away on business.

We decided not to tell your people how things are just yet so I didn't write.

Let's tell them now.

Darling, I can't go to your father now when I'm a nobody.

When I have nothing but a reputation for playing cards and riding Polo ponies.

That doesn't matter. Of course it matters.

Even if I tell your father I've decided to settle down. To give up gambling.

To go in business for myself. It won't matter to him. He wouldn't believe it.

It matters to me and I believe you.

But, Joan.

Joan. You'd better give me up. I'm not good enough for you.

Why, Harry.

No Joan. No, don't give me up. Don't let me go.

My whole future is in your hands. You are my hope. My salvation.

Why, of course I won't give you up.

Harry, you're always in my heart, always in my thoughts.




Harry, this is my brother. I know him.

Hello, Harry. Hello, Dick.

I didn't know you knew him. I didn't know you knew him.


You know when a younger brother puts on long trousers he turns into a boy.

Don't think he doesn't force me. Don't you, darling.

Not any more than you need.

I've got to keep my eye on you.

Don't you think I ought to, Harry?

If I had a sister as lovely as yours I'd never take my eyes off her.


Come on, darling. You know, he'll start preaching in a minute.

Oh no. You little sweet.

Oh Joan, cut it out. You don't like to be teased?

No. Alright.



Come on, handsome. I'm going to take you home and put you to bed.

I say, Swift. Yeah?

Well, what are you doing out here?

Enjoying the moonlight? Nope.

Just talking to three million dollars.

And not bad looking, either.

Ah! What's that?

Get up. We're going riding.

I'm not. What?

Are you going riding?


Wake up!


Do you remember anything at all about last night?


Now just because I like a man .. It depends on the man.

You are my sister. What of it?

Well, I want to take care of you and protect you.

Can you get that through your thick head?

It's seeped through a little.

What is it?

Well he's no good. That's all.

Nobody knows where he comes from. All we know about him is he's ..

A gambler who plays Polo and raises the devil with women.

I don't believe it.

Now Dick, you're going to be married and Marjorie forgave you.

This is different.

You are my sister.

And you're more careful about me than the girl you're going to marry?

Well, I know all about Marjorie. I'm not going to harm her.

Nobody is going to hurt you.

Nobody. Ever.

Alright. Go back to sleep.

I'm going to go riding alone.

Bye. Goodbye.

Good morning, father. Hello, dear.

That's all I want, Adams.

Did you have a good time last night, dear?

Perfectly wonderful.

Tell me darling. How long have you been running around with this Harry Swift?

Not long.

That's different. I thought it was serious.

Are you being the stern parent?

No, but I'm not going to be a darned fool either.

Joan, you don't know much about fathers, do you.

I know a lot about you.

I don't want to be sentimental and talk like a darned fool.

But for 23 years I've been trying very hard to make you happy.

You've been wonderful.

As far as I can see that's going to be my job for the rest of my life.

Keeping any eye on you. Seeing you don't fall on your nose.

Or stub your toe. Any of the things girls do.

You see?

You think I'll stub my toe?

I'm going to take darned good care that you don't.

Now, you wrap that up in your cigarette and smoke it.

Alright Dad, I will.

Darling, keep away from that man Swift.

He's no good.

Some of these .. and ..

Some of those.

And a dozen roses.

And that bunch there.

And .. For Miss Ogden?

Of course.

And some of those.

Let me see.

Hello Sis. Hello.


Looks like a flower shop.

It smells like ..

"Because of you it is springtime in my heart."


Springtime in his heart?

Why, I think it's beautiful.

Yeah, if he had a heart.

Now listen, Sis. Sis, wait a minute.

Now listen. You know, that bird is after your money.

Why you've got a girl. Go and preach to her and let me alone.

Another breath of spring?

Say it again.

I love you.

Let's get out of here. Where?

How about my place, darling? You've never seen it. Come on.

Sir, are you luring me?

Oh, you know that .. Darling.

Because I love you doesn't make me an idiot.

Of course I'm not going to your rooms at this time of night.

What did he want? I don't know. He said it's personal.

He wrote something on the back of the card.

Well, tell him to come in. And I don't want to be disturbed until he goes out.

Come in.

Mr Ogden?

I've come to ask a great favor from you.

I want your girl to leave my boy alone.


My boy goes around with your girl all the time.

They place Polo, they dance.

I tell you Mr Ogden, it's no good.

Won't you sit down?


Maybe it's better we should talk friendly.

I think so too, Mr Schmidt.

Will you have a cigar?

Thanks. Not now. After we've finished talking maybe so. I hope so.


Mr Ogden, you have a boy, yes?

You are fond of him?

He means a great deal to you?

Yes. A great deal.

I have a boy too.

I think you know him, Mr Ogden.

He calls himself Harry Swift.

But he was christened August Schmidt.

He is ashamed by that name now.

All my life I pay for that boy, everything.

He's a college boy.

Regular clothes, they aren't good enough for him.

He's got tailors and shirt-makers.

Mr Ogden, he even has his doors made to order.

I pay his gambling bills.

But I do all that because in here, I say to myself ..

Someday he wakes up.

Someday that boy comes back to Papa and the grocery store.

And then he marries a nice little German girl.

And gives me a lot of grandchildren.

Then we'll all be happy. I see.

That's my dream.

And I see now he is with your daughter all the time.

Mr Ogden, you have a lot of money.

If that boy of mine gets money he will never come back to me. Never.

That's what I've come about.

Make your girl give up the boy.

Send him back to me.

I'm an old man.

Give me the great happiness in my old days.

Let me take my boy back.

I don't want him. Take him back by all means.

Thank you.

Now maybe I take that cigar, yah?

Thank you.

Dad, I want a lot of money.


Oh, I beg your pardon. Joan.

My dear, if I'd arranged your arrival it couldn't have been more opportune.

This is my friend, Mr Heinrich Schmidt.

How do you do, Miss. How do you do.


Mr Schmidt came to ask me a great favor.

He wants me to make you give up his son.

Well, that ought to be easy.

I don't know his son.

He's the young fellow you've been running around with.

His name is Harry Swift.

Yes, Miss Ogden. He is my boy.

Well how could his name be Swift? It isn't his name.

He just takes it like he takes everything else he wants.

Just reaches out his hands and takes it.

Well, lots of people do that.

If they don't like their own name they change it.

He is ashamed of his own.

Please, Miss. Send him back to me.

I think I had better attend to this.

Leave it to me.

Yah. That's better.

I'll go.

Goodbye, young lady.

So you're Harry's father?

Yah. I am his father.

And that is what I'm thinking about all the time.

I am his father.

Well, what are you going to do about it?

I don't care what his father is.

Don't you care what kind of a son he is?

Dad, I don't care what he's been.

His family, his women.

His past is over.

I'm just looking forward to a beautiful future.

I hope you get it.


Joan. I'm not going to let you marry that man.

I'm 22 years old. Yes.

But you don't get any money if you marry without my consent before you're 25.

I don't care. It's 3 million dollars.

Don't you want the money? Yes, but I want him too.

You can't have both.

Oh darling, darling. Don't be a fool. This man hasn't got a nickel.

Except what he makes playing bridge or wheedles out of his poor old father.

How are you going to live?

I thought you loved me.

I do.

Oh, suffering catfish. Now don't make me act like a stern parent.

Don't you know I want to hold you in my arms and comfort you and protect you.

I don't want to hurt you.

You are my little girl.

Well then, Dad. Don't. Don't.

Joan .. you can't have that man.

[ Door knocks ]

Wait. Wait, I'm coming.

Hello, Pop.

August, you come home?

I want to have a talk with you, Pop. I want to have a long talk with you.

And I want to see you too.

Come on in the sitting room.

Just as cosy as ever.

Yah, it's a nice place but kind of empty.

I don't like living here alone, August.

I want you to come back.

Well I'd like to come back, Pop. You know that.

Only I've got to make my way in the world.

I've got to amount to something.

Now, you want me to be a big man, don't you?

You wouldn't want my education wasted, would you?

Maybe if I hadn't educated you, you would be with me now.

I know, Pop.

Here's what I must see you for tonight, Pop. I've got the biggest chance to ..

If it's more money: no.


Beautiful, ain't she.



What I came for is to see if you'd let me have two thousand dollars.

Well, I answer that very quick: No.

But I need it, Pop. No, you don't.

You think you do but you don't.

Playing along with rich people.

Well I've fixed it so you don't go around with them no more.

I go and see Mr Ogden today. Yah, and I see the girl too.

You did what? I go and see Ogden today.

What did you tell him?

You didn't say I was your son, did you? Sure. Yah, I tell him that.

I've a good mind to .. Yah, go on.

Hit me. It wouldn't be the first time.

But if you ever do it again.

You don't get a cent of my money. Never.

Pop, you know I wouldn't hit you.

Only, what did they say when you told them that? What happened?


The girl says she don't care.

The Papa looked kind of funny.

I don't think the Papa likes you.

Ha .. I know that.

But I'll make him.

You mean you want to pay the Papa two thousand dollars so he'll like you?

Of course not.

Don't you see, Pop?

I must get established in some kind of a business. Have an office.

What do you do in an office? Smoke cigarettes?

Don't you understand, Pop?

The girl is crazy about me.

Thinks I'm wonderful.

And she's worth three million dollars.

Think of it, Pop. A girl worth three million dollars crazy about me.

She'll do anything I tell her to do.


Nope. I won't loan you money for nothing like that.

Why not?

Your rents come in. You're making plenty of money, aren't you?

Well, I'm doing pretty good.


You know that if mother were here she'd tell you to do it.

Yah, she would say it.

Also she would say it if you said:

"Papa, give me your right eye".

Your Mama would say ..

"Give it to the boy if he wants it."

"You don't need but one eye."

Don't you love me anymore, Pop?

Yah, that's the trouble.

All the time since you was a little fellow, I love you.

I never cared for anything in the world but you.

August, I tell you my heart is aching with love for you.

You sure I'll get my money back? Of course you'll get it back.



I'll get it for you.

You stay here with Papa tonight.

I get you the money first thing in the morning.

That will be fine, Pop.

I'd love to stay here tonight.

My old room.

Just like when I was a kid.

Yah. That's good.

I'm so happy.

My August is home again.

Mr Swift.

I came as soon as I got your message, Mr Ogden.

I won't ask you to sit down.

What I have to say to you will take but a minute.

In the first place.

If you've thoughts to marry my daughter, put them out of your mind immediately.

You can't have her.

Why not?

I don't like you, Mr Schmidt.

Swift .. if you don't mind.

Your name is Schmidt isn't it?

And your father is a grocer.

That's my business and his.

If I choose to change my name for business purposes that is my affair.

And what is your business?

I'm a promoter.

Are you doing well? Well enough.

Have you something you'd like promoted?

I sent for you to tell you to keep away from my girl.

I won't do that. I'll not let you marry her.

Yes, she told me.

But she is of age.

You can't stop her. How will you live? You have no money.

I have enough.

I made two thousand dollars today. How?


See here, Mr Ogden.

I'm not after your money.

I'm in love with your daughter.

And whether you consent to our marriage or not doesn't matter.

We can get along.

You don't believe that, eh?

See that?

That will keep us going.

Come on, Mr Ogden. I'm not a fortune hunter.

Let Joan and me be married. I would rather see her dead.

You are no good and I know it.

You can't have her.

Now get out.

Good evening. Good evening.


You are lovely.


I hated to go away like this.

They'll worry about me.

I don't know what they'll think.

Don you see darling? That's part of the plan.

I want them to worry about you a little.

Think how glad they'll be to see us when they come back in the morning.

Maybe they won't see us.

Of course they will.

Everything is going to be alright. Everything.

Believe me. I know what we're doing.

Dad. - What? Dad.

What's the matter? She's not home yet. It's 3 o'clock.

Maybe she ..

You know darned well she isn't. She wouldn't do a thing like that.

Do you know when Joan went for dinner or out for an evening and didn't tell us?

Well, did you? No, I didn't.

Don't you see? Something has happened. Nothing is missing from her room.

You know darned well she won't go away without clothes. Not even a toothbrush.

Where you going?

I'm going to find her. That's what I'm going to do. Find her.

Are you still worried, dear?

A little.

I wonder what father will say.

What can he say? We've been ..

Do I seem a terrible sinner?

You are the sweetest thing in the world.

Now stop worrying.

You know what your father will do? What any father would do.

He will be horrified and insist that we be married immediately.

Of course.

He'll force us to get married. Think of it.

And we can have all my money.


Yes. So we can.

But .. it won't be my money or your money.

It will be our money.

Our lives.

Our happiness.

I'm so glad we've done this.

I knew you would be.

And now I want you to do just as I tell you and everything will be fine.

We'll tell him what's happened.

But not a word about getting married.

Do you see, darling?

But we are going to be married, aren't we?

Of course we are.

Only don't you see? If we pretend we don't care anything about it ..

He'll insist on our being married immediately.

So that's it. That's it.

Now don't forget. Let me do all the talking.

No matter what I say to him, don't pay any attention.

It's only to force him to make us get married.

I see. A shotgun wedding.

That's it.

A shotgun wedding.

We went away yesterday afternoon.

We went to a hotel together father.

We were there all night.

And now I suppose you want to go out and get married?

Yes, if you will give us your consent.

You'll never get that.

Dad, don't say that. We must be married.

My dear, you've made one terrible mistake.

I won't let you make any more.

Darling, can't you see he's trying to force my consent so he gets your money?

I don't care about her money.

Then why don't you take her away and marry her like a decent man?

Tell me to go to the devil. She's of age.

I was thinking of her.

I can't give her the luxuries you've always given her.

After all, it's her money.

Don't you see, dear? That's all he wants, is your money.

Dad, it isn't. He loves me. He wants to marry me.

I won't let you. He'd ruin your life.

I tell you dear, he's no good.


Look at him.

Would a decent man stand there crying: "I want the money for her"?

I can't deprive her of luxuries.

Can't you see what he is?

Come on Joan, let's get out of here. Yes, get out. But get out alone.

Dad, I can't find ..


Oh, Joan.

Oh, Joan.

Where have you been?

I've looked for you everywhere. All over the city. All night.

The police stations, the hospitals.


There was a girl in the morgue. I thought for a minute ..

How could you do this to me?

My dear, I didn't understand.

I wouldn't do anything in the world to hurt you.

What's he doing here?

I came with her.

We've been away together. Do you understand?

Your sister and I have been away together.

We want to get married but your father won't give his consent.

Well, what are you going to do about it?

You did that to my sister?

Now you get out of here. Do you hear me?

Dad, careful of what you're doing. Dad, we love each other.

Not without her. I won't give her up. She won't. You can't have her.-

I can.

My dear, what's happened has happened. It will soon be forgotten.

No-one will ever know. Daddy, he loves me. I love him.

We'll keep it quiet. Hush it up. I've taken a good deal from you two.

All I want.

You'll hush it up. You'll keep it quiet. No-one will know. Scum, get out.

I'll get out but I won't keep quiet.

Dad, he only talks that way because he loves me. That's all.

I'll tell at the hotels and the clubs. Everywhere.

Joan Ogden spent a night with me in a hotel.

She is mine!

Tell them that, too. Tell them that!

Well, it's my life isn't it.

I wouldn't take Dallas with all his reputation.

All he wanted me to do was the unwritten law. Hide behind my sister's skirts.

I kicked out Andrews for the same reason.

But you are our friend, Mr Trask. You've known us all our lives.

We can't bring Joan into this thing.

We've got to keep her clear of all this filth and dirt.

I'm begging you to help us.

I love Joan just as much as you do. You don't suppose I want to see her in it.

Then find some way to keep her out.

Get some other defence. Do something. What defence have you?

I don't know. Find something. You're a lawyer.

I killed a rat to keep him away from my sister.

I'm not going to let you or any other lawyer in the world drag her into it.

She's got to be kept out of it. Do you understand?

You've got to keep her out of this.

He won't let you do it, eh?

He's going to tell you what defence we're going to put up for him is he?

Why, that boy is a minor.

He has no say in the eyes of the law. You know that.

The unwritten law. It's the only defence you have.

I can make a jury cry its eyes out with that story.

Then do it.

And your daughter? I'm fighting for my son.

That's all that matters. My boy's life.

Oh, Joan.


Where are you going?

To Harry's funeral.

Joan, you mustn't go there, dear.

I can't let you do that? Why not?

Father, if I were being buried, wouldn't you go to my funeral?

Yes. But I love you.

How do you think I feel about Harry?

Do you think there's anything I wouldn't do to show the world my love for him?

Because of that man, she's turned against me, against her brother.

Against her bringing up.

Everything in the world. Well.

Girls in love do that.

What about my boy?

Trask, you've got to save him.

I don't care what he says. Don't discuss it with him.

You are right.

His only defence is the unwritten law.

Do you know what that will mean to Joan? She is to blame. It's her fault.

Whatever is said about her she will live down and it will be forgotten.

It doesn't matter if they put my boy in the chair.

Nineteen years old.

Everything in the world to live for.

Put me on the stand. I saw it. I know what caused it. I'll tell the truth.

Put me on the stand.

Well, life goes on I guess.

Yah, yah.

Hans, pull up the shades.

I don't know why I bother but I guess I got to keep the business running.

Better leave the door open. It smells a little.

Well, nobody has to ask if I keep Limburger.

A little piece for me perhaps, Mr Schmidt?

Nein. I got no appetite.

Hans, it's a nice business. We make money.

But my boy ain't here no more.

He is never going to stand where I'm standing with a nice white apron on him.

He's gone.

And all for what?

He didn't hit the girl over the head.

She went with him because she wanted to.

And for that they killed my boy.

Well, I am going to be there when they put that murderer in jail.

I'm going to look right straight into his white face when they kill him.

That's my dream now.

He's dead and buried and I'm glad of it.

Do you hear that, Marjorie? Glad of it.

My dear.

My dear.

Well Dick, what are we going to do?

What are we going to do? I have a great lawyer.

If Joan would only .. Joan is out of this.

I'm not going to have my sister's name dragged into this at all.

But what about us, Dick?

You said we were going to be married.

Oh, I don't know. It's all gone crazy. Everything.

Why did you shoot him?

Why did you?

I had my reasons. But I am in this too.

I am part of you.

You are the man I love, Dick.

Can't you talk even to me?

There is nothing to talk about, Marjorie.

I have the greatest lawyer in the world. He'll get me out of it somehow.

We have nothing to worry about, dear.

I am going to Joan. That's what I'll do.

I'll go to Joan. Joan had nothing to do with it I say.

It had nothing to do with Joan.

Alright, Mr Ogden. Time is up.

Joan, I've just left the man I love .. in prison.

I have just seen the man I love.

In his grave.

Oh, Joan dear.

We love each other so.

He means everything to me and he's your brother.

What are you going to do?

Don't ask me! Don't ask me anything.

My brother has robbed me of everything in the world I ever wanted. Everything.

But he's your brother. That makes it worse.

What right had he to kill him?

I won't do a thing for him.

Nothing, nothing, nothing! Oh, Joan.


Isn't there anything I can say that will break down this calm of yours?

Haven't you any feelings? It's your brother.

He killed my lover. Alright. He did.

But if you hadn't made him your lover he wouldn't have killed him.

Joan. Listen to me.

We've spent days getting a jury in.

They have sworn to give your brother an even break.

They are going to treat him fairly and they don't even know him.

You were brought up with him.

You played together.

He's your own flesh and blood.

And right or wrong, you've got to remember that.

All I want you to do is to go into that court.

Sit beside your own flesh and blood and look at him ..

As though you didn't hate him.

That's all I have to do?

Just sit there day after day and listen to the way Harry was killed.

I'll have all that horror brought back to me.

And sit next to the man that killed him.

And smile at him.

That's what you want me to do? That's exactly what I want.

Alright, Mr Trask. I'll do it.

But that's all I'll do.

I'm very sorry lady, but there is no more room. No-one else can go in.

As I already explained to you gentlemen, this case is extremely simple.

I promise you to prove two things.

First, that Harry Swift is dead from a bullet wound through the heart.

And second, that his death was caused by a pistol.

Fired by Dick Ogden.

That gentlemen is our whole case.

I finish my opening address to you.

It is the shortest on record.


There is another matter I must mention to you before I call my witnesses.

Judge Ambrose himself, when he charges you, draw your attention to this matter.

But I feel at this time.

I should tell you gentlemen.

There is no such thing as "the unwritten law".

Remember that, gentlemen.

All through this trial.

There is no such thing as "the unwritten law".

Our laws are made for us by people of our own selection. Our legislators.

They are made effective by the signature of the governor of the state.

Nowhere do we find legislators saying ..

"This is the law."

"But we won't bother to write it down or annoy the governor .."

"By asking him to validate it to make it effective."

That, gentlemen, does not happen.

If we want a law to be a law we make it so.

In other trials for murder men have set up their defence ..

As "crazed by grief" or disappointment or surprise, they killed a man.

And sometimes they got away with the plea.

Once in a while but not as often as they used to.

In foreign countries they are even more liberal.

Only recently over there I believe a lady killed her husband.

She shot him through the stomach as he hadn't been home for a couple of days.

And the jury with wild shrieks of acclaim said:

"Madam, go free."

"You are a rich beautiful widow. Marry again by all means."

And if you don't like your next husband .. kill him too.

It's alright .. it's the unwritten law.

A woman has a right to be happy.

But gentlemen.

I know that you are not 12 hysterics and I know that no such plea will move you.

From your stern sense of justice, or make you violate the oath you've taken.

I don't know if this is the defence of this young man.

I don't know what his defence will be.

But I do want to warn you gentleman that perhaps they will say ..

That this boy killed a man in defence of his sister's honor.


Look at his sister.

She's not a trembling little schoolgirl.

She is three years older than he is.

She is a woman used to society. A woman of fine social position.

Gentlemen, she is a woman capable to taking care of her own honor.

If she wants to take care of it.

I ask you to look at her as she sits there.

Calm. Cool. Contained.

Ready for any emergency which might come up in this trial.

Is there one of you who can say a man's life must be taken to defend her?

Her honor is her own.

And the shortest word in the English language will protect any woman's honor.

And that word is: "No".

Why, gentlemen. We must not set up any precedent ..

Regarding the defence of a woman's honor or what they choose to call their honor.

I guess every time a man took a girl out and was late in getting home with her ..

Or perhaps didn't get home at all with her that night.

Is he to be shot and killed for that?

Confidentially, gentlemen.

It would be pretty tough on all of us now, wouldn't it.

Your Honor.

I move that all those remarks be stricken from the record.

I think myself, Mr Harris ..

I realize Your Honor the error of my remarks and I withdraw them.

Gentlemen of the jury, consider my remarks as unsaid.

Only .. there is no such thing as the unwritten law.

Dr Osgood.

Do you swear to tell the truth, and nothing but the truth, so help you, God?

I do.

You name is James W. Osgood and you are the Medical Examiner of this city.


What was the cause of death?

He had been shot through the heart.

Does a wound of that sort cause instant death?

It is the most instant thing you can imagine.

Alright. Somebody shot him through the heart and killed him. Was that it?


Any questions you gentlemen wish to ask?

Or are you satisfied that this boy was killed instantly?

Alright, doctor. That's all. Thank you.

Your witness, Mr Trask. I have no questions.

Alright, doctor.

I've got to get out of here. My wife is going to have a baby.

Captain Timothy Riorden.

Do you swear to tell the truth, and nothing but the truth, so help you, God?

I do.

Suppose you tell us all you know about this case, Captain.

At about ten-thirty in the morning of August 13th.

I was notified a man had been murdered in the residence of Mr Richard Ogden.

I object.


Well Captain, can we put it this way:

You were notified that a man had been killed at the home of Richard Ogden?

And that was it, wasn't it? No. I was told a man was murdered.

Nobody said anything to me about being killed.

Captain, what His Honor means is we do not want your opinion at this time.

Well, you're asking me what I know and I'm telling you.

Counsellor, if you want me to, I'll admit a man had been killed.

Is that better? I think that will do very nicely.

You went to the Ogden home and you found a dead man?

Judge. If they let me tell it in my own way we'll get through with this quicker.

My wife is in the hospital having a baby. I'm in kind of a hurry.

I hope it's a boy, Captain. It doesn't matter, sir.

I got five or six boys now.

As I was saying, I went to the house and found a fellow laying on the floor dead.

And there was a pistol laying there too.

And in the room was Mr Ogden.

Who is the defendant.

The girl that was his sister. She was sitting next to him.

And the two officers that telephoned for me to go up there.

Did you ask them what had happened? Yes.

Of course you understand that is just a matter of form, Your Honor.

Any fool could see what had happened.

Is that how you knew it?

Your Honor, I object to these interruptions.

The witness just said any fool could understand it.

I asked him if that's how he knew it.

That's all.

Your Honor, I'm having a terrific race with the stork.

I don't mind Mr Trask having his little joke.

But you know, Judge. Alright, Captain. What happened then?

Well, I sent for the Chief Medical Examiner.

And then I asked them who done it.

And none of them said nothing.

Then I took all their fingerprints.

And I found fingerprints on the pistol too.

Whose fingerprints were they?

Young Ogden's.

And when I seen that I turned to him and I said ..

"Why did you kill him?" Just a moment, Captain. One moment.

Did you caution this young man?

Did you tell him that anything he may say can be used as evidence against him?

Mr Trask.

I've been on the police force for 14 years.

And I say them words in my sleep.

But there is no doubt in your mind that the pistol was handled by the defendant?

My mind has got nothing to do with it.

There was only one set of fingerprints found.

They young fellow's.

Later on we examined the bullet that was in the heart and found ..

That it had been fired from that same pistol.

That's all.

No questions.

Amanda Jones.

Oh Judge. It is twins!

Do you swear to tell the truth, and nothing but the truth, so help you, God?

Man, you talk awful fast.

He wants to know if you will tell the truth.

Yes, sir.

You are employed in the Ogden home as cook?

I certainly am. How long you been employed there?

Twenty years.

On the morning of August 13th.

You remember that day? No, sir.

I remember there was a 13th day of August. Is that what you mean?

I mean the day the man was killed in your house. You remember that day?

It seems like I do, kinda.

You mean to say that a man being killed in your own house ..

Hasn't left an impression on your memory?

I told you that I kinda remembers it. Alright.

Now before the shooting, the defendant went in the kitchen.

The which? The young man there.

Why Mr Sheriff, if you mean mister Dick, why don't you say mister Dick?

Sure he come into the kitchen.

Did he go from the kitchen to the garage and come back with a pistol in his hand?

No, sir.

What did he come into the kitchen for? Why Mr Sheriff, your honor.

The poor little lamb came into the kitchen to get a glass of milk.

Just like a little baby he wanted a glass of milk.

Do you know what perjury is?

Yes, sir.

Well aren't you committing perjury now?

Me? In these hard times?

Lordy, Judge. I can't support the husband I already got.

You know I can put you in prison if you don't tell the truth.

You certainly can.

You certainly can put almost anybody anybody in prison that you want to.

You took that poor lamb that ain't done nothing to nobody and got him in jail.

Strike that out.

Do you solemnly swear you didn't see Richard Ogden with a pistol in his hand?

No, sir.

I never seen that boy with nothing in his hand but a glass of milk.

That's all.

I said that's all. You can go.

Gentlemen, I told you this case was going to be very simple.

You've heard it all.

Your Honor. The people rest.

Your Honor it is almost noon and I'm hungry.

Perhaps we could now adjourn for lunch?

Your Honor, I object most seriously to an adjournment at this time.

Proceed, sir.

I ask this case be dismissed for lack of evidence.

There is no proof that a murder has been committed at all.

Motion denied.

Your Honor will at least note my exception.

I had already anticipated that.


I'm not going to talk about this case at all.

I'm going to let the facts from my witnesses speak for themselves.

Your Honor, I assure you that in my defence I am relying on no laws.

That are not written.

Like you gentlemen, I was amused.


And a little bit shocked.

At the District Attorney's remarks and what he chose to call the unwritten law.

To say the least, his views are a bit unusual.

How a mother must love a son like that.

What a pride his sister must take in his views on the sanctity of maidenhood.

The decency of young womanhood.

And when his wife goes down on her knees beside her bed at night.

Can't you imagine her prayer to the Almighty God as she looks to heaven?

Oh Lord, I thank thee for a husband like this.

But now Your Honor if the District Attorney still wants his lunch ..

Let him go and get it.

The court is now adjourned until 2 o'clock.

Do you swear to tell the truth, and nothing but the truth, so help you, God?

I do.

Sit down, Dick.

Your name is Richard Ogden Junior.

You are the defendant in this case? Yes.

You are charged in the indictment with ..

Dick, I am afraid we'll have to speak a little louder.

One of the jurors doesn't seem to hear so very well.

Can you hear better now, sir?

Yes, thank you. I can hear fine now.

You are charged in the indictment with shooting Harry Swift through the heart.

Is that true?

Yes, sir.

Why did you kill him? There was no reason. I didn't mean to.

If you didn't mean to, why did you shoot him in the heart?

I didn't know I was going to shoot him at all. The pistol just went off.

You mean .. it was an accident?

Of course it was.

How did it happen?

Honestly, Mr Trask. I don't know.

Dick, don't you see that that answer is absurd?

We object. The counsel is instructing his witness.

He is intelligent enough to tell his story in his own way.

Objection sustained.


Tell these gentlemen exactly what happened as near as you can recall it.

Well it was, just another case of a ..

A fool with a pistol. He didn't know it was loaded.

I'm not asking you to make excuses, Dick.

Tell the jury exactly what happened.

What were you doing with a gun in your hand? Where did the pistol come from?

Those are the things they want to know.

Yeah .. I'd like to know about them too.

And you are going to know about them.

Go on, Dick.

Well, it was just after breakfast.

Dad an Joan had gone into the library.

I went upstairs for something and when I came back again ..

Harry was in the room talking to them. What were they talking about?

I don't know.

I think Harry was telling Dad how well Joan was learning how to play Polo.

I see.

How did you get from the subject of Polo to pistols?

I don't know exactly.

I'd been out before breakfast shooting at a target.

Where is this target you were shooting at?

Back in the hills about 8 or 10 miles out of town.

Do you go there often? Pretty often.

Go on. Go on.

Well, I was telling Harry how many bulls-eyes I'd been making.

He asked me what kind of a gun I had.

I told him I didn't know exactly.

It was one of Dad's. I hadn't noticed the name particularly.

He was kidding me. He said he didn't think I could hit anything.

I got.

Kind of mad at this and told him I was a darned good shot.

He and Joan were both laughing at me.

He said he didn't think I even had a pistol.

So I pulled it out of my pocket to show it to him and ..

Go on. What happened then?

I don't know.

Honestly, I don't know.

It just exploded in my hand and Harry said "I'm shot".

Mr Trask, I'd tell you if I knew but I can't remember.

I was so scared and ..

Kind of sick.

And there was no quarrel between you and Harry Swift at all?

No, sir.

You had no reason for wanting to shoot him?

Of course not.

That's all, Dick.

Your witness, Mr Harris.

You're sure there was no quarrel between you and Harry Swift? - Yes, sir.

You are certain the pistol went off accidentally? - Yes, sir.

And you are equally certain both of those statements are true?

Yes, sir.

Boy, Here is the pistol.

Show us how the accident happened.

You can take it in your hand safely.

This time it isn't loaded.

Now then.

Show the jury how it went off .. accidentally.

I don't know. I don't know how it went off.

Well, let's see you pull the trigger.

You've been practising with it. You've used it.

You know how to pull the trigger don't you?

Well, pull it.

Thanks very much.

And still you say that you had the pistol in your hand ..

And without pulling the trigger or doing anything else it went off accidentally?


You say that in spite of the effort it took you to pull the hammer back at all?

I can't explain it but that's how it happened.

I'm a little mixed on this. Let me get it straight.

You say you took the pistol out of your pocket and accidentally it went off ..

And accidentally the bullet went through his heart and killed him. Is that it?


Well, I'll ask you to look at this pistol. It's not an automatic, is it?

No, it isn't.

Well, do you think it could go off if you just moved it around a little?

Suppose you try that?

I object. I object!

The District Attorney has already had this poor boy pull the trigger once.

And brought back to him all the horror of the accidental killing of his friend.

I've a right to make the defendant try with this pistol as many times as I can.

If he's telling the truth let him show just once ..

How it is possible for this hammer to fall accidentally.

I'll go further than that.

If the defence can show, either by this witness or an expert they wish to use ..

That it is possible for this pistol to be discharged accidentally ..

I myself will drop the prosecution and ask for acquittal.

That's all, young man. Dick.

I have only one more question to ask you.

You did not kill your friend intentionally? - No, sir.

And that pistol was discharged accidentally? - Yes, sir.

And you had no reason whatever for wanting to kill your friend?

No, sir.

That's all.

And still you say this pistol did go off accidentally? - Yes, sir.

And you can't make it go off accidentally any more, can you?

No, sir.


No more questions.

This court is now adjourned until 10 o'clock tomorrow morning.

Listen, chief. Don't hit me in the eye.

But why don't you call the girl?

Call the boy's sister? You're crazy.

No, he's not crazy. That's been in the back of my mind for a couple of days.

She is not living at home. She's staying at a hotel alone.

And she doesn't speak to her father and doesn't talk to the boy except in court.

I've been watching that girl.

She's not with him. Awful risky.

What's risky about it|? If she defends her brother they won't believe her.

We got that joy.

They don't believe the old man and they don't believe the boy.

And if she comes out with the truth.

If we get the real story of that murder from her lips.

Well .. I'll sleep on that.

Son, I'm glad to see you using your head.

It would be pretty fine your idea and suggestion ..

Put that boy in the chair, wouldn't it. You bet it would.

Alright, listen. Here is the way we'll work on that.

I can't help it, father.

And you can say that after being in court day after day?

I've done all you've asked me to. I've sat there and listened to a lot of lies.

What good have they done? As much good as lies every do.

Dick tried to save you.

Dick saved me alright. He smashed my whole life.

Joan, tomorrow the District Attorney will likely call you as a witness.

What are you going to say? What must I say?

I want you to save your brother.

I want you to say that this man would not leave you alone.

I won't do it!

Harry was everything that was good and kind to me. I won't do it.

Joan, remember when Dick was a little boy ..

Father, I remember everything. Every day of our lives.

I can't forgive him and I won't lie for him.

What are you going to say? I'll tell them the truth.

What is the truth? For no reason, Harry was killed.

Do you honestly believe your brother had no justification in this killing?

I know it was a cold-blooded murder for no reason at all.

If they ask, I'll tell them that.

Can you see what that testimony will do?

I don't care. Wait. Wait.


Sit down.

Mr Ogden, you're not doing any good here.

You'd better go home.

Joan and myself will discuss this thing quietly and ..

Maybe we can find a way out.

Go on.

It's no use pleading with me, Mr Trask.


I can see that.


How old were you when ..

Dick was born?


What kind of a baby was he?

He was sweet.

That's not going to do you any good at all.

You don't mind me asking a few questions, do you ..

I've got to make some sort of an appeal to the jury you know.

I don't know much about that part of your lives.

You were three, you say?


That was the year your mother died?

There is no use trying to arouse my sympathies by that.

Mother died when Dick was born and I do not remember one single thing about it.

No. Of course you don't, my dear.

Of course you don't.

Since that time you've had governesses and all sorts of people ..

Take your mother's place.

No. My father did that. Oh, I see.

So, since Dick was born, your father has been father and mother to both of you?


You feel very bitterly towards him, don't you Joan?

I don't feel anything.

It's going to be pretty hard on your daddy, isn't it.

Because unless you can save Dick, he is going to the electric chair.

A pretty sad finish for your father.

He's given his entire life making you two children happy.

Not much reward in this for him is there?

You cold and estranged.

Dick with his entire life ahead of him.

A girl in love with him.

A girl that your father loves and wants to take into the family.


What will you say to the District Attorney when he puts you ..

On the witness stand tomorrow morning and asks you ..

"Why did your brother kill Harry Swift?"

I'm going to tell him the truth.

Then I can't save him.

No appeal can save him.

He'll be locked up in the death house and he won't be able to see anyone.

He won't even know when the end is coming.

You and your father.

Will come and see him just once.

There will be guards watching you.

And you will speak to him through a grating six feet away.

And Joan.

You won't be able to kiss him goodbye.

Then one morning at dawn they will come to him. They'll say: "Come on, Dick".

"It's time."

After a little walk down a corridor ..

They lead him into the execution chamber and place him in the chair.

The Warden will say to him: "Dick".

"If you've got anything to say, this is your last chance."

Only an all-seeing God may know what reply he'll make to that question.

I don't know.

Then they'll put a metal cap on his head.

With wires sprouting out from it.

And they'll put a metal band on his wrist.

And they'll clamp it to the arm of the chair like this.

They'll put another metal band on his shaven bare ankle and there he will sit.

Like this.

And the Warden from another room will give a signal. A man will pull a lever.

And your brother will burn to death as the current goes through his body.

Like this.

I can't help it, Mr Trask. I can't help it.

My brother murdered Harry Swift and I won't lie to save him.

Do you swear to tell the truth, and nothing but the truth, so help you, God?


Your name?

Joan Ogden.

And you are living?

I'm staying at a hotel.

Then you are not living with your father or under his care?


And the defendant is your brother? Yes.

You were home on the morning of August 13th when Harry Swift was murdered?

Don't answer that question yet.

We object.


Oh, alright.

Miss Ogden, were you in the room when Harry Swift was shot? - Yes.

And you saw the shooting? Yes.

I want you to consider your answer to this question carefully, Miss Ogden.

Was that shooting accidental?


Your brother shot Harry Swift deliberately? - Yes.

You understand perfectly what you are saying? - Yes!

You testify in this matter as you're not willing to perjure yourself? - Yes.

And again, you say your brother ..

I tell you I saw my brother shoot him in cold blood for no reason at all.

That's all.

If it please Your Honor.

I respectfully request the court be adjourned until tomorrow morning.

Your Honor, I object to an adjournment at this time ..

Before I've had an opportunity of cross-examining the witness.

I see no reason at all why we should not adjourn.

I am quite sure, Mr Trask.

That your very able cross-examination of this witness ..

Will be just as effective .. tomorrow.

The court is now adjourned.

Dick. Wait a minute, Mr Trask.

I want to talk to my sister. Are you crazy?

Don't you know she's just condemned you to death?

That's just why I want to talk to her.


I just want to tell you that everything is alright.

I don't know what else you could have done loving him the way you do.

That's what I stopped you for.

To try to make you understand that ..

No matter what you've said or done.

It's alright with me.

I know you couldn't help it.

Maybe if it had been me I'd have done the same thing. I don't know.


You are my little sister.

Just as you've always been.


Whatever you did. You had to do.

And it's alright.

Goodbye, Joan.

Goodbye, Mr Trask. See you tomorrow.

Yes. Yes, I've seen it, Mr Ogden.

Let me go! I've got to speak to him! Mr Trask, I've got to talk to you.

I haven't time to talk to you. I've got to be in court in 20 minutes.

You've got to listen to me.

I've seen everything. I've read the newspapers.

I've seen the picture of the death house. What are you going to do?

You've got to save my brother. What are you going to do?

That is funny.

That's the first laugh I've had since this trial started.

I've got to save your brother?

You've put your brother in the electric chair as surely as the warden does it.

You've done nothing but arouse hate for that boy.

I told you not to go to that funeral.

I begged you to sit beside him in the court and be tender.

I had to have sympathy.

You sat there.

With a hard face and killed that.

And now you come to me at the last moment whimpering like a beaten pup ..

And cry: "save my brother".

You put your brother where he is because of your own rotten love adventures.

You sat there on the witness stand and testified.

That your brother didn't shoot Harry Swift accidentally.

That he killed him deliberately and in cold blood.

You put your brother in the spot he is.

You get him out.

I'll do anything. I'll do anything.

I wonder if you would.


How brave are you?

I don't know.

If I could show you a way to save your brother's life ..

I'll do anything, anything. I wonder.

I wonder if you would have the courage.

Sit down, Joan.

Joan, there is just one way to save your brother's life.

If we succeed he'll go free.

But your life will be wrecked.

You will be jeered at.

Sneered at.

People will call you foul names when they see you on the street.

I don't care!

And if we fail, your brother will go to the electric chair.

And still people will scream at you and curse at you.

Either way .. you're going to lose.

I don't care.

Mr Trask, I don't care.


Alright, Joan.

Your Honor, before beginning the cross-examination of Miss Ogden ..

I will introduce newly found evidence that has been brought to my knowledge.

You are reopening the case for the defence?

Temporarily, Your Honor.

I will proceed with the examination of this young woman later.

I will allow that.

Your Honor, I object.

Suppose we wait and see what the witness will disclose?

Thank you.

Heinrich Schmidt.

Mr Schmidt, will you take the stand, please.

Do you swear to tell the truth, and nothing but the truth, so help you, God?

I do.

Your name?

Heinrich Schmidt.

I keep a grocery and delicatessen store at 965 Main Avenue.

How long have you kept that store?

I've been in that place about 25 years.

You are well known in the neighbourhood? Yah, they all know Papa Schmidt.

Once, they wanted me to run for Alderman.

But I am too smart. I didn't do it.

Mr Schmidt.

Did you ever know a young man by the name of Harry Swift?

Yah, but that wasn't his real name. No?

What was his real name?

August Schmidt.

Oh, same name as your own?

Yah. He was my boy.

I tell you gentlemen, he took that other name because he ..

Judge, I am an honest man. I cannot lie about things.

My boy was ashamed of me and my business.

Some bad feeling between you and your son?

No, nothing like that.

I lent him 2,000 dollars the day before he was killed.

We were good friends, I was always lending him money.

So you talked to him the day before he was killed?


Did he tell you what he wanted this money for?

He wanted to make a front. What for?

He wanted to get himself an office.

I tell you gentlemen, he tells me that this girl ..

What girl? That one over there.

You mean .. Miss Ogden? Yah.

He tells me she was crazy for him.

He says if he marries her he gets 3 million dollars.

Did your son tell you Miss Ogden was in love with him? - Yah.

Was he in love with her?

I don't know.

She ain't bad looking and she's got three million dollars. I guess maybe ..

I object to this line of examination.

I think it is admissible.

Go on, Mr Trask.

What else did your son tell you?

He tells me he got a chance to get up in the world.

He says he makes Mr Ogden like him by and by after he gets the girl.

Did your son tell you that Miss Ogden was in love with him?


Why not? He was a nice looking fellow.

All my boy had to do was whistle and the girls came running.

All of them. That's a lie, it's a lie!

We'll let you tell us all about in just a moment, young woman.

You told me you loaned your son 2,000 dollars the day before he was killed.

Yah. The police gave it back to me.

The police gave you back 2,000 dollars?


Did they give you anything else?

Some letters. What kind of letters?


Anything else? Yah. One other thing.

I show it to you.

A receipted hotel bill for Harry Swift and wife the night before he was killed.

He wasn't married.

He didn't have any wife.

These rich people. Keeping up with them.

They want excitement. Noise.

This is what come of it.

He goes to a hotel with that girl.

He didn't drag her there.

She wanted to go. And they killed him for that?

My boy loses his life for that no-good woman.

You're a liar. She is good. She's always been good.

You say what you like about me but keep your dirty tongue still about my sister.

Let her name alone.

Sit down.

Your Honor.

I want to deeply apologise for this outburst on the part of my client.

I trust the court will understand it was only prompted by this boy's great ..

Tender protective love for his sister.

The jury will disregard counsel's explanation.

Don't let it happen again, Mr Trask.

That's all, Mr Schmidt.

As a matter of fact, you don't know who was with your son at that hotel ..

Or why he was killed or anything about it, do you.

I know what's in my heart.

Unfortunately that's not evidence.

That's all.

Now then, Miss Ogden.

Will you take the stand please.

Miss Ogden, the last thing you told the jury was ..

Your brother shot Harry Swift for no reason at all. Shot him in cold blood.

Did your brother say anything?

Yes. He yelled at him ..

"Tell them that too. Tell them that."

What did he mean by that?

Well it came out of an argument.

Father had called Harry ..

Well, he said some pretty hard things to Harry and naturally ..

Harry said if he didn't let us alone he'd tell everything.

Do you know what Swift was going to tell them?

Yes. That we'd been away overnight together.


For a little thing like that your brother killed him?


Shot him in cold blood for no reason at all.

You're the bright boy that suggested this.

Well I thought .. That's it. You didn't think.

Miss Ogden, let's get back to the beginning please.

You say you went away with Harry Swift and were gone for the night? - Yes.

When you returned in the morning you were with your lover? - Yes.

Did you tell your father this?


Was your brother present? I object to that question.

I think Mr Harris, I'll allow that.

I asked you Miss Ogden if your brother was there ..

When you made this disclosure about your relations with Mr Swift to your father.

Oh no. He came in later.

What did he say when he saw you?

Well, I didn't see that it was any of his business.

But the little fool, why he was crying and carrying on.

He said he'd been all over town looking for me. He called at the police station.

He even visited the morgue and saw the body of a dead girl he thought was me.

Why he was so excited. He wanted to know where I'd been.

What did you tell him?

Well, I told him not to be so silly.

That Harry and I had been away together. That was about all.

What did he say to that? He made an awful fuss about it.

And he was so unfair to Harry.

Why, he accused him of wrecking my life and ..

Ruining my sense of morals and ..

You know, things like that.

And then suddenly without any warning whatever he made a wild rush at Harry.

You mean with the pistol his hand?

No, he didn't have anything in his hands then.

But he made this rush at Harry and naturally I thought he would hurt him.

So, in defending himself, Harry sort of ..

Pushed him in the face and he went down on the floor.

Are you sure Miss Ogden, that he didn't strike your brother in the face?

Well, possibly he did.

And the blow knocked your brother down?

I think so, or he tripped on something. But anyway he went down on the floor.

Then he got up and he ran out of the room.

What happened then? After your brother left the room?

Nothing. Nothing.

I just told my father not to be an old fogey.

And I think I said something about marriage was old fashioned and ..

And I didn't believe in it anyway.

Then my brother came back into the room.

What was your father's answer to your remarks about marriage?

After your brother came back into the room.

Well, he sort of took me by the shoulders and shook me.

He wanted to know what happened to me. He said I'd not talked like that before.

Was that the truth? You never had talked that way before?

Oh, I guess it was.

Then what changed you? Why did you begin to speak that way so suddenly?

Well, Harry and I had talked it over and Harry didn't believe in marriage.

And he convinced me that there wasn't anything to it anyway.

What did your brother say to that?

He didn't say anything for a minute or two. He just stood and stared at me.

The what happened? Well ..

Harry said he felt we'd better go and as we neared for the door, Dick stopped us.

He said: "Joan, this isn't you".

"My little sister Joan acting like this."

Now, he knew it was me. Just silly. That's all.

And then he turned to Harry in the most outrageous way ..

And accused him of wrecking my life and ruining my morals.

He got between us and the door and refused to let me go.

Honestly, Mr Trask. You've never heard such goings-on about nothing.

Nothing at all.

And then when I said I was going and it was none of his business at all ..

Without any warning whatever ..

He pulled out a pistol and shot Harry.

Miss Ogden, is this the truth? Yes.

Then your brother shot your lover deliberately and in cold blood?


Miss Ogden, I want you to realise what you've said before you leave this stand.

Do you realize that your testimony may send your brother to the electric chair?

Do you understand that? Yes.

And you still think that your brother should go to the electric chair?


That's all, Miss Ogden. Can I go now?

Yes, unless the District Attorney wishes to question you further.


I hope you get yours. You will someday.

If you were mine, I'd kill you.

I guess they freed him. I guess so.

Well, I'm glad he got off. A just murder.

Well .. you win.

Thank you, Harris. Thank you.

My boy, you're free. You're free.

In spite of your sister.

No, not in spite of her but because of her.

That's right, Ogden.

If Joan hadn't deliberately torn every vestige of decency from her character ..

Your boy would be .. What do you mean "deliberately"?

Joan was willing to do anything.

I explained to her our one chance to save him ..

Was for her to get herself so low and despised by that jury that ..

In contrast to Dick, they set him free.

It worked.

But I'm afraid that Joan has pad a price the world will never give back.

Oh, I knew it, Dad.

Where is she now? Where is she?

I sent her home, where she belongs.



Well Joan, how can I ever ..? It doesn't matter, Dick.

Nothing matters now. You're free.


T-G o