Boomerang! Page #9

I must ask you again,

is this the man? Mr. Rogers?

- Yes, sir, I'm sure.

- Mrs. Lukash?

Yes, sir.

Your Honor, I don't want to imply

that this identification is not in good faith...

but it was

a particularly dark night...

and the basis

for the identification seems to be...

that the murderer wore a dark coat

and a light hat, a fairly common combination.

Oh, there's one there.

There's another.

One of our distinguished witnesses has one.

As a matter of fact,

if I'm not mistaken...

you wore such a combination

this morning yourself, Your Honor.

There could be no mistake

in your identifications?

The identification seems to be unanimous

and conclusive, Your Honor.

But on the night

of October 25...

under approximately

the same conditions...

I and seven of my assistants

reran the crime.

We reenacted it not once,

but seven times...

so that each of us could

see it from a different point.

- Herb? Phil?

- No.

- Dan?

- Mm-mmm.

- How about you, Smitty?

- Everything all right, chief?

- Anything wrong, chief?

- Huh? No.

Let's try it again, boys.

Switch positions.

Your Honor, I have here

the sworn statement...

of each of my assistants...

that not once during

all the reenactments...

could any of them definitely state that he

recognized the man portraying the murderer.

Although, in each case,

he knew him well.

Are you still certain of your identification,

ladies and gentlemen?

- You, Mrs. Lukash.

- Well, I, uh-

- Thank you very much.

- Well, I'm certain.

Would you take the stand,

please, Miss Nelson?

- What's he putting her up there for?

- Quiet!

- If he lets that dame-

- Shh!

- Well, she's nothing but a-

- All you're going to do is hurt yourself!

Miss Nelson,

your testimony states...

that on the evening

of the murder...

- you stood in the window of the Coney Island Caf.

- Yeah.

And that you could

definitely state that...

the man you saw

through the window...

at 7:
20 on the evening

of September 29...

was the accused, John Waldron?

- That's what I said.

- I may be assuming...

but isn't it possible that such an attractive

young lady as yourself...

- might have several gentleman friends?

- Mm-hmm.

Mm-hmm.

And isn't it possible...

that these friends in passing

the restaurant might wave to you...

- through the window?

- Mm-hmm.

And isn't it also possible,

Miss Nelson...

that it was not John Waldron,

but another of your friends...

- who waved to you through the window that night?

- No.

Your Honor, in the course

of examining the evidence in this case...

I also visited

the Coney Island Caf.

And, upon her advice, I stood behind

the counter in the exact spot...

where Miss Nelson states that she saw

John Waldron on the evening of September 29.

From this point, the window of the caf

is obscured to a point...

of four and a half

to five feet by steam.

It is possible, however,

to see dimly through the window.

But one of my men passed the window

while I watched...

and although I know this man well,

it was impossible for me to recognize him.

Miss Nelson, did you know

that rewards for information...

leading to the arrest and conviction

of the murderer total $8,000?

- I did not.

- Your application for the reward is already on file.

Miss Nelson,

before you answer me...

please remember that not only

is the man's life in jeopardy...

but that you might

be sent to prison for perjury!

Now, was it Waldron

you saw through that window?

Was this the man?

- Well, I'm not absolutely sure-

- Thank you, Miss Nelson.

That's all. I would like Miss Katherine Manion

to come to the stand, please.

What's Harvey trying to do?

- What?

- What's he doing?

Giving O'Shea a lesson

in trial procedure.

- Miss Manion, you are an employee of the Plaza Theater?

- Yes, sir.

And in your capacity

as cashier...

you naturally pride yourself

on your memory for faces?

Yes, sir, I-I do.

And you can definitely state

that the accused, John Waldron...

did not enter your theater

on the night of September 29?

Yes, sir.

Thank you. Miss Manion,

this is my assistant, Mr. Stone.

How do you do?

- Was he in your theater on Tuesday night of last week?

- Oh, no, sir.

Your Honor,

at 8:
13 on Tuesday night of last week...

observed by two reliable

witnesses and myself...

Mr. Stone bought a ticket

to the Plaza Theater from Miss Manion.

- Well, I-

- We're all human, Miss Manion.

That's all. Thank you.

Your Honor, I think...

we can state at this point that the evidence

of the eyewitness is subject to question.

Very interesting,

but scarcely conclusive.

Well, I agree with the court.

If I've shown that the witnesses

might have been mistaken...

they might as easily

have been correct.

But as I've stated, Your Honor,

there are certain aspects of this case...

which are confusing.

- Do I have the court's permission to continue?

- Proceed.

Thank you. I would like Dr. William Rainsford

to take the stand, please.

Stand up. Raise your right hand.

Do you swear the evidence

you are about to give to be the truth...

the whole truth, and nothing but the truth,

so help you God?

- Name, please?

- Dr. William Rainsford.

- Where you been, Dave?

- Overslept. What's the score?

Dr. Rainsford, I realize that you

were retained by the police department...

to examine John Waldron, and have therefore

already formed an opinion of him.

But as a physician

and psychiatrist...

you will admit that in a state

of exhaustion approaching hysteria...

a man is highly susceptible

to suggestion.

Certainly. Though, I have some doubt

as to its application to the accused.

I didn't ask you that, Doctor.

I asked you for your professional opinion.

In that event,

I should have to answer yes.

That's all, Doctor.

Thank you.

I would like Chief Robinson

to take the stand, please.

Raise your right hand.

Do you swear that the evidence

you are about to give to be the truth...

the whole truth, and nothing but the truth,

so help you God?

- Name, please?

- Harold F. Robinson.

Sit down.

Chief Robinson, you were present during

the entire questioning of John Waldron...

and you state that nothing was done

to force a confession from the accused.

He confessed of his own free will.

There was no physical violence.

But you did implant

the idea in his mind?

He confessed himself.

Yet, at 11:
55 a.m.,

after hours of questioning...

Dr. Rainsford

said to the accused...

"You made him

the personification...

of every handout, every word of advice,

and in a rage you shot him."

- Is that correct?

- Yes, but-

- That's all, Chief.

- That's not all!

You're excused, sir.

Thank you.

Your Honor, while I feel

that the validity...

of the defendant's confession

may be challenged...

I'm forced to admit that it too falls

in the category of the inconclusive.

Both the testimony

of the eyewitnesses...

and the confession itself would be subject

to long argument at a trial.

And there are even more concrete pieces of

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