Anatomy of a Murder Page #6

in the state of their digestions...

...or their proclivities

for sleeping on the bench.

For myself, I can digest pig iron...

...and while I might appear

to doze occasionally, you'll find...

...that I'm easily awakened...

...particularly if shaken gently

by a good lawyer...

...with a nice point of law.

We will now take up the criminal docket.

Case Number 1:

The People versus Clarence Madigan.

Breaking and entering in the nighttime.

Will the defendant rise and come forward?

That's me, Your Honour.

"State of Michigan, Court of Iron Cliffs.

I, Mitch Lodwick, prosecuting attorney...

"... come into said county

and give the court to understand...

"... that Clarence Madigan, alias 'One-Shot

Madigan,' alias 'Smoky Madigan'...

"... did enter the dwelling of Casper Katz...

"... and did there commit the felony

of larceny on said premises."

Does Mr. Madigan have an attorney?

No. A man's got to have money

to ask them fellows the time of day.

Mr. Madigan, if you're impoverished,

it's my duty to appoint an attorney...

...on your behalf.

I wouldn't bother, Your Honour.

I stole the whiskey. I'm guilty as hell.

It was a full case of expensive bourbon.

Did you sell this whiskey?

No. I drank it.

- All of it?

- You bet, Judge.

Are you aware that it will be necessary

to punish you for this crime?

It was worth it.

I'll accept your plea of guilty.

You'll be sentenced later.

- You may now return to your place.

- Thanks, Your Honour.

Case Number 2:

The People versus Frederick Manion.

The charge:
Murder.

Paul Biegler for the defendant.

My formal appearance is already on file.

Which of these men is your client,

Mr. Biegler?

None of them.

Mr. Sheriff, will you produce the prisoner?

I'm afraid I can't do that, Your Honour.

Perhaps someone should explain.

I'm not clairvoyant.

The defendant is in Detroit

being examined by a psychiatrist.

Shouldn't the court have been consulted...

...before the defendant

was allowed to leave its jurisdiction?

We're dealing with the Army in this matter.

They only gave us one crack

at one of their psychiatrists.

The court was not present

and it was urgent...

...to get the defendant to the psychiatrist.

What does the attorney for the People say?

It was done with my knowledge,

Your Honour.

I've always heard this Upper Peninsula

of our fair state...

...was a queer place.

If it's customary here to allow a man

charged with first-degree murder...

...to wander about at will,

I don't suppose it behoves an outsider...

...to point out that the law makes

no provision for such quaint liberalism.

The defendant is in the care of a deputy

and will be returned this afternoon.

We'll formally arraign the defendant

on his return.

For the sake of the docket,

can you give me a clue as to his plea?

The defendant will waive reading

of the information and stand mute.

A plea of not guilty will be entered.

The case of Frederick Manion

will be placed first on the trial docket.

Can you hurry it up?

If the judge hears the prisoner

was lounging at the railroad station...

...he'll really give it to me.

It'll just take a minute. Come over here.

Lieutenant, how did things turn out?

I was temporarily insane.

- Did he tell you that?

- Yeah.

He said he'd write you a letter,

but I took notes on my own.

- The doctor's name was Smith.

- Smith?

Anatole Ludwig Smith

or Ludwig von Smith, I hope.

- Name like that would impress the jury.

- Just plain Matthew Smith.

He said when I shot Quill...

...I was suffering from

"dissociative reaction."

Dissociative reaction.

Sounds pretty good, doesn't it, Parn?

What does it mean in English?

It means I had an "irresistible impulse"

to shoot Quill.

That's okay, isn't it?

Did he say you knew the difference...

...between right and wrong

when you shot Quill?

I don't think he said anything about that.

Is that important?

We'd better not keep the sheriff waiting.

You'd better go.

You ever heard of a Michigan court

accepting irresistible impulse as insanity?

No. Maybe we'd better switch

to self-defence.

Even Mitch Lodwick

would make a monkey out of us on that.

Damn strawberry soda.

- Here, do you want a peanut?

- No, thanks.

Tomorrow is Saturday.

We just have the weekend before the trial.

When do we start working?

Tomorrow morning. Early.

- Pauly!

- Hey, listen to this, Parn.

Never mind that. Just find:

"People versus Durfee,

That's it. I have it right here in the A.L.R.

Listen.

"The right and wrong test,

though deemed unscientific...

"... is adhered to by most of the states,

but..." Listen to this.

"But, the fact that one accused

of committing a crime...

"... may have been able

to comprehend the nature...

"... and the consequences of this act...

"... and to know that it was wrong,

nevertheless..."

Dear, sweet, endearing word,

"nevertheless."

"Nevertheless, if he was forced

to its execution by an impulse...

"... by an impulse,

which he was powerless to control...

"... he will be excused from punishment."

Why, the Michigan Supreme Court

did accept irresistible impulse, Parn.

This is precedent.

I think we got a hold of something here.

Good old Durfee, 1886. How about that?

Give me a pad.

By the saints, this strawberry soda pop

is beginning to taste like whiskey.

Don't get drunk yet.

We've got to convince a jury...

...that our client was irresistibly impulsed.

Remember that.

Ladies and gentlemen of the jury.

Before we proceed, it will be necessary

for me to examine you...

...on your qualifications to sit as jurors.

Please remember that you are under oath.

Are all of you citizens?

Will you please raise your hand

if you are not?

Are there any justices of the peace

or law enforcement officers among you?

No.

Are any of you related by blood

or marriage to a law enforcement officer?

No.

So much for qualifications.

I will now examine for cause.

Does anyone have business pending with

the prosecuting attorney, Mitch Lodwick?

No.

Does anyone have business pending

with Paul Biegler, attorney for the defence?

No.

Is anyone acquainted with the defendant...

...seated there on Mr. Biegler's left?

Will the defendant's wife please stand?

- Do any of you know Mrs. Manion?

- No.

Thank you, Mrs. Manion.

You may be seated.

Counsel may challenge the jury for cause.

Before counsel's challenge, may I introduce

Mr. Claude Dancer to the court?

Mr. Dancer is an assistant attorney general

from Lansing.

Because of the peculiar nature

of this case...

...I asked the attorney general

for Mr. Dancer to sit with the prosecution.

Your reputation precedes you, Mr. Dancer.

- It's a privilege to have you in my court.

- I'm sure it'll be instructive.

Do any of you have any business pending

before the attorney general's office?

No.

I must apologise

for my disparaging remarks...

...about the Upper Peninsula

and its customs.

I've seldom seen a murder jury selected

and sworn in less than half a day.

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