Pinky Page #8

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has made it perfectly clear...

that my client in effect

is to be tried because she is a Negro...

and because a Negro cannot be permitted

to inherit property in this community.

- (Murmuring)

- (Gavel Pounds)

(Judge Walker) That is

a harsh fact, but we must face it.

Though many of us

may criticize this bequest...

I do not believe any of us

who knew Miss Em... and most

of us knew and loved her...

can accept the contention

that she was insane.

I do not believe counsel

for the plaintiff can prove...

that undue influence

was exerted by my client.

I think most of us know how diffcult it

was to infiuence Miss Em in any respect.

We need not look too far

for a motive in making this bequest.

She was a proud woman

who'd leave no debt unpaid.

This was a real obligation.

She took the only means open to her

of paying for my client's services...

through the provisions

of her will.

The expressed wishes of the dead

should not be set aside...

to gratify the greed

or the prejudice of the living.

Your Honor,

this is a small country town.

We've always thought

that what happened here

was our own private concern.

This is no longer true...

just as it is no longer true

that our country as a whole...

can exist

entirely to itself.

What is done in our courts

in cases such as this...

has become a matter of moment

in the eyes of the world.

Let us examine our conscience. Let us

look into our attitude and our tradition.

Let us take care,

lest it be said of us that here...

there is neither law

nor justice.

Your Honor, we're all anxious

to get to the bottom of this

as quickly as possible...

before the temperature of this room

reaches the boiling point.

Fortunately, there is one witness

who is qualifed to testify...

on the only matters

of pertinence to this hearing...

the question of Miss Em's sanity

and the question of undue infiuence.

Incidentally, he will be

the defense's only witness.

He was Miss Em's physician, in constant

attendance during her last illness.

He was also her confdant,

witnessed her will...

and is the executor of her estate...

Dr. Joseph McGill.

Your Honor, I disagree with

my esteemed opponent's notions...

of what is or isn't

pertinent to this hearing.

But I am perfectly willing to have

Dr. McGill take the stand at this point.

- Very well. Call Dr. McGill.

- Do you think that's...

Oh, let him put his witness

on frst. We'll close with ours.

Dr. Joe doesn't seem

to be here, Your Honor.

Well, take a look in the corridor.

See if he's there.

- He ain't out here, Your Honor.

- Well, that bein' the case...

we'll have to proceed with

the plaintiff's witnesses.

- Are you ready, Mr. Stanley?

- Yes, Your Honor.

- Better fnd Dr. Joe and bring him here.

- Yes, Judge Walker.

Money and a man, I believe,

is what caused the trouble.

The usual thing.

Well, we picked 'em both up, along

with the man they was fghtin' over.

judge Walker heard the case.

That's all I know about it.

Yeah, money and a man.

Thank you. Your witness.

Chief Anderson, what was

the fnal prison sentence

imposed on my client?

- Why, Judge Walker,

you know there wasn't any.

- So she was cleared.

Is that correct?

- Well, I wouldn't exactly say that.

- You wouldn't?

You generally always let 'em off with

a good talkin' to, like you give her.

You know how it is.

(Chuckles)

- If you put them n*ggers in jail

every time somethin' happens...

- That'll do.

Your Honor, this witness's

testimony should be ignored

and stricken from the record...

- As totally irrelevant to the hearing.

- Your Honor, I object.!

just a minute! The court is capable

of deciding any questions of relevancy.

Motion denied.

Call the next witness.

Well, for one thing,

on my last visit...

this girl simply wouldn't

leave the room.

And I could see that Cousin Em

actually didn't dare to dismiss her.

Then Cousin Em began

to talk about makin'a will.

Well, I tried to cheer her up,

but she turned to this Pinky

and said, "What do you think?"

as if... as if she didn't dare

to make up her mind alone...

which was never

like Cousin Em... never.

- What did the girl say?

- Oh, she spoke up, bold as you please...

and said Cousin Em had better

make a will if she was ever goin' to.

- That's the part I mentioned to you.

- Impudent, yes...

but the way she said it...

a threat too.

And I'm just glad that Cousin Em was

allowed to die a natural death in her bed.

I think everyone in this courtroom

understands what you mean, ma'am.

Did you notice anything peculiar

about her condition that day?

Oh, yes. She closed

her eyes while I was talkin'.

She kept droppin' off

in a stupor. She was doped!

And then she told me

she was subject to fts...

that half the time she was

clean out of her mind.

Poor soul. Poor soul.

Thank you, Mrs. Wooley.

Your witness.

Mrs. Wooley, you have testifed

that my client's tone was threatenin'.

Now, Miss Em must've made some

sort of reply if she was threatened.

- What were Miss Em's next words?

- I don't remember. She was doped.

Didn't she say Pinky's opinion

was sensible because that agreed

with what she thought herself?

Were you there, Judge Walker, or are you

just bein' primed by that girl over there?

- Did you ever hear such...

- Uh, answer the question, please.

- Isn't that what Miss Em said?

- I'd certainly remember it if she had.

- Mrs. Wooley, do you know

the penalty for perjury?

- I object!

Your Honor, I object to this attempt

to intimidate the witness!

She's answered the question.

She doesn't remember.

And now, if my opponent will stop

putting words in the mouth of the dead...

No personalities, gentlemen.

It's hot enough in here as it is.

- Will Your Honor please

rule on my objection?

- Objection sustained.

- Thank you!

- (All Laughing)

Didn't I tell you he's a good'n?

Didn't I tell you he's a good'n?

So, Aunt Dicey, you were there in

the room when she was writing her will.

Yes, sir.

Sittin' right there...

like I always done

when my Pinky's out.

And Miss Em was still writin'

when I left to take the wash uptown.

'CauseJudge Walker

and some is mighty particular

when they gets their wash.

- (Spectators Laughing)

- I understand, Aunt Dicey.

- You know what a hypodermic is?

- Yes, sir.

Did you ever see your granddaughter

stick one of those things in Miss Em?

Yes, sir.

I see her do it twice.

- What happened?

- Miss Em...

talked to herself for a while.

You mean raved?

(Aunt Dicey)

Kind of mumbled, like.

Then she go off to sleep

like she a little baby.

Now, just one more

question, Aunt Dicey.

What makes you think it was her will

that Miss Em was writing that day?

- I know it was, sir.

- Well, you see, Aunt Dicey,

this is a court of law...

and you're sworn

to tell the truth before God.

Some of us think this will may have

been written at some other time...

while your granddaughter

was present.

Did Miss Em tell you

she was writing her will?

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