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Series: Radio City Playhouse
Show: Witness for the Prosecution
Date: Apr 25 1949

CAST:
ANNOUNCER
LEONARD VOLE
MAYHERNE, Vole's lawyer
ROMAINE, Viennese accent
JANET, Miss French's maid
NEWSIE
GUARD
EMILY FRENCH, elderly
JUDGE
PROSECUTOR
MRS. BENDOVSKI, working class
UNDERTAKER

MUSIC:

DRUM ROLL ... THEN BEHIND--

ANNOUNCER:

The National Broadcasting Company presents RADIO CITY PLAYHOUSE, Attraction Thirty-Four.

MUSIC:

ORCHESTRA ... UP FOR THEME ... THEN OUT

ANNOUNCER:

Tonight we bring you a story with an unusual twist -- a story by Agatha Christie titled "Witness for the Prosecution." Our featured players include: Arnold Moss as Mr. Mayherne, the lawyer; David Gothard as Leonard Vole, the accused; and Lotte Stavisky as Romaine, the witness for the prosecution -- in this, Attraction Thirty-Four, on RADIO CITY PLAYHOUSE.

MUSIC:

SOARING INTRODUCTION ... OUT BEHIND--

SOUND:

CLOCK FINISHES CHIMING MIDNIGHT ... KEY IN LOCK ... FRONT DOOR UNLOCKS AND OPENS ... JANET'S STEPS IN BEHIND FOLLOWING--

JANET:

(TO HERSELF, WITH DISAPPROVAL) Why, the light's still on in the parlor and it's midnight. Surely Mr. Vole hasn't stayed with Miss French till this hour.

SOUND:

STEPS OUT

JANET:

(CALLS) Miss French?! Are you still up?! You should have been in bed long ago! (HORRIFIED GASP, YELLS) Miss French! Nooooo!

MUSIC:

BRIDGE ... THEN BEHIND NEWSIE--

NEWSIE:

Read all about it! Hatchet murder committed in Hillsdale! Police arrest Leonard Vole as suspect! Read all about it! Hatchet murder in Hillsdale!

MUSIC:

UP FOR BRIDGE

SOUND:

TWO SETS OF FOOTSTEPS TO JAIL CELL

GUARD:

(BORED) His cell's right here, Mr. Mayherne.

MAYHERNE:

Thank you.

SOUND:

METAL CELL DOOR UNLOCKS AND OPENS

MAYHERNE:

Good afternoon, Mr. Vole.

VOLE:

(DISTRACTED) Oh, hello, Mr. Mayherne.

GUARD:

You have thirty minutes.

SOUND:

CELL DOOR CLOSES ... GUARD'S STEPS AWAY

MAYHERNE:

I've come to talk with you. (NO RESPONSE) Mr. Vole?

VOLE:

(ABSENTLY) Yes-yes? (RECOVERS) Sorry, Mr. Mayherne. I - I just can't seem to realize yet I'm charged with murder. Murder! Such a horrible crime, too. It looks bad for me, doesn't it?

MAYHERNE:

It does look kind of black. (BEAT) Mr. Vole, we're gonna make a determined effort to get you off.

VOLE:

You think I'm guilty, don't you? I know you do. (URGENT) But I swear I'm not. I - I didn't do it, Mr. Mayherne. I didn't do it.

MAYHERNE:

Very well then, I'll accept your assurance, but - I must know the worst. I must know just how damaging the case against you is likely to be. Now, Mr. Vole, the utmost frankness. You understand that?

VOLE:

Yes. I'll be completely honest with you.

MAYHERNE:

Very well. I want you to tell me exactly how you came to make the acquaintance of Miss Emily French.

VOLE:

It - it was one day on Main Street. I saw an elderly lady trying to cross the road in heavy traffic. She dropped her packages. I picked them up out of common courtesy and offered to help carry them home.

MAYHERNE:

And she was grateful?

VOLE:

Yes.

MAYHERNE:

Mm hm.

VOLE:

Of course, she was dressed so poorly I had no idea she'd turn out to be as wealthy as she was.

MAYHERNE:

But you did find out. Now, the first aim of the prosecution will be to establish that you were low financially at that particular moment. You were, weren't you?

VOLE:

Yes. I'd been having a lot of bad luck.

MAYHERNE:

Yes, of course. Now remember, I'm looking at this from the point of view of the prosecution. Now, why did you -- a young man of thirty-three, good-looking, fond of sport, popular with your friends -- devote so much of your time to an elderly woman with whom you could hardly have anything in common?

VOLE:

Well, I - I'm one of those persons who can't say no. And, believe me or not, after a few visits I found myself getting genuinely fond of the old lady. I'd been an orphan and I suppose I enjoyed being pampered and--

SOUND:

SCENE FADES OUT ... FLASHBACK BEGINS

EMILY:

Now, they really aren't anything much.

VOLE:

Why, Miss French, they - they're the nicest pair of socks I've ever had. You actually knitted them yourself?

EMILY:

Oh, yes, yes.

VOLE:

It must have been quite a job.

EMILY:

No. What else have I to do with my time?

VOLE:

Well, I can't tell you how I appreciate--

JANET:

(INTERRUPTS, STERN) Miss French?

EMILY:

Yes, Janet?

JANET:

It's almost ten o'clock.

EMILY:

Well?

JANET:

Don't you think you should retire?

EMILY:

Now, Janet, stop worrying about me.

JANET:

But it isn't good for you to stay up late.

EMILY:

Now, Janet, you go on to bed. Mr. Vole and I have a few things to discuss.

JANET:

I'll stay up until you're ready to retire, Miss French.

EMILY:

(EXHALES WITH FRUSTRATION)

VOLE:

(BEAT, AS JANET EXITS, LIGHTLY) I don't think Janet likes me, Miss French.

EMILY:

(CHUCKLES) Janet's been with me for almost thirty years. She's become very attached to me. I suppose she may be a bit jealous of you.

VOLE:

Of me?

EMILY:

Yes. She knows how fond I am of you. And I am, you know. Why, you seem like an adopted son to me.

VOLE:

(EXHALES WITH PLEASURE) You're very kind. But I mustn't keep you up any longer.

EMILY:

Oh, no. No, don't go. There really is something I want to talk to you about, Something very very important.

SOUND:

SCENE FADES OUT ... FLASHBACK ENDS ... TRANSITIONAL PAUSE

VOLE:

It was then she asked me to look after her business affairs.

MAYHERNE:

Mm hm.

VOLE:

She understood very little about money matters and was worried over some investments.

MAYHERNE:

Now wait a minute, Mr. Vole. Janet McKenzie says her mistress was a good business woman, and that's substantiated by the testimony of her bankers.

VOLE:

I can't help that! It's what she told me. And I swear to you that my dealings were all perfectly fair and aboveboard. The prosecution can't get hold of a thing on that score.

MAYHERNE:

Well, you relieve my mind very much. I pay you the compliment of believing that you're far too clever to lie to me on such an important point. Of course, whether the jury will take that view is another matter.

VOLE:

I've been completely truthful, Mr. Mayherne.

MAYHERNE:

Well, now there's one more question. Did Miss French know that you were married?

VOLE:

Oh, yes.

MAYHERNE:

Did you ever take your wife to see her?

VOLE:

(PAUSE) No.

MAYHERNE:

Well, why not?

VOLE:

(DECISIVE) I'll make a clean breast of it. Somehow Miss French had gotten the idea that Romaine and I didn't get along; that we were living apart.

MAYHERNE:

You didn't give her that idea?

VOLE:

No. No, not at all. But I let her go on believing it because-- Well, she was fond of me. But she - she wasn't interested in the struggles of a young couple. (BEAT) Mr. Mayherne, I wanted to borrow some money from Miss French -- for Romaine's sake more than for mine.

MAYHERNE:

Did you borrow it?

VOLE:

I never had a chance to. Surely that's the strongest point in my favor! I wanted to borrow money from her, but her death ruined that completely.

MAYHERNE:

(PUZZLED) Aren't you aware, Mr. Vole, that Miss French left a will in which you are the principal beneficiary?

VOLE:

What?! Good-- Good lord, what are you saying? She left me her money?!

MAYHERNE:

You pretend to know nothing of this will?

VOLE:

Pretend?! There's no pretense about it.

MAYHERNE:

(EXHALES) I certainly hope we can prove that.

VOLE:

(REALIZES) Now I'm beginning to see how things stand. They'll say I got her to make a will leaving me her money; that I went there that night when there was no one in the house--

MAYHERNE:

You're, uh-- You're wrong about there being no one in the house.

VOLE:

How's that?

MAYHERNE:

You see, it was Janet's night out, but she returned for a few minutes about 9:30 to get some kind of a blouse pattern she'd promised a friend. She used the back stairway, but she swears she heard voices in the parlor. And that one was Miss French's. And one was a man's.

VOLE:

At half-past nine? Half-past nine-- But then I'm saved!

MAYHERNE:

What do you mean?

VOLE:

I was home again by half-past nine. My wife can prove that.

MAYHERNE:

Your wife?

VOLE:

Yes! I left Miss French about five minutes to nine and arrived home about 9:20. Thank heaven for Janet McKenzie's blouse pattern.

MAYHERNE:

(UNHAPPY) Mr. Vole, was there anyone else who saw you come home at that time to substantiate your wife's testimony?

VOLE:

No, no. But it's lucky for me Romaine was there.

MAYHERNE:

In fact, it appears to be the only thing in our favor at the moment. (BEAT, NOT CONFIDENT, DUTIFUL) Well, goodbye, Mr. Vole. May I say that I believe in your innocence in spite of the many facts against you and, er, I hope to prove it and vindicate you completely.

MUSIC:

BRIDGE

SOUND:

KNOCKING ON DOOR ... NO ANSWER ... MORE KNOCKING ... FRONT DOOR OPENS

ROMAINE:

What is it?

MAYHERNE:

I'd like to see Mrs. Leonard Vole, please.

ROMAINE:

Yah?

MAYHERNE:

I'm Henry Mayherne, Mr. Vole's lawyer. Is Mrs. Vole in?

ROMAINE:

I'm the one you wish to see, I believe.

MAYHERNE:

Oh, you're Mrs. Vole? Why, I thought--

ROMAINE:

(CHUCKLES, AMUSED) You expected me to be different.

MAYHERNE:

Well--

ROMAINE:

I'm afraid I am not the typical housewife. I was an actress in Vienna before I met Leonard.

MAYHERNE:

I see. Well, Mrs. Vole, I've just come from your husband. I know how upset you must be, but, if you don't mind, I'd like to talk with you.

ROMAINE:

Yes. You may come in.

MAYHERNE:

Thank you very much.

SOUND:

FRONT DOOR CLOSES

ROMAINE:

Sit down, Mr.--?

MAYHERNE:

Mayherne.

ROMAINE:

Mayherne.

MAYHERNE:

Thank you.

ROMAINE:

I - I know that you will try -- how do you say? -- to spare me as much as you can? But I want to know everything. Do you understand? I want to know the worst.

MAYHERNE:

Very well, Mrs. Vole. I'll be perfectly frank with you. The case is quite black against your husband. Everything is against him. Except one thing.

ROMAINE:

And what is that?

MAYHERNE:

Miss French's maid will testify that she heard voices -- those of Miss French and a man -- talking in the parlor at 9:30. However, Mr. Vole says that he returned home at 9:20, and that you were here when he arrived. Now if we can establish that--

ROMAINE:

(INTERRUPTS) I see. He wants me to say he came in at 9:20 that night.

MAYHERNE:

Well, he did come in at that time, didn't he?

ROMAINE:

That's not the point. Will my saying so acquit him? Will they believe me?

MAYHERNE:

Well, it would certainly be helpful if we had another witness, but--

ROMAINE:

But you do not.

MAYHERNE:

Well, to be honest with you, I must say that the jury isn't apt to put too much faith in the testimony of a devoted wife. Nevertheless--

ROMAINE:

(LAUGHS, MERRILY) Did he tell you I was devoted to him?

MAYHERNE:

Well, no, he never--

ROMAINE:

Ah, yes, I see. He did. (WITH CONTEMPT) How stupid men are.

MAYHERNE:

Now, look, Mrs. Vole, I know that under the circumstances--

ROMAINE:

(INTERRUPTS, SAVAGE) You know nothing about the circumstances. I hate him, I hate him, I hate him! I would like to see him dead!

MAYHERNE:

(TAKEN ABACK) This is quite--

ROMAINE:

(TRIUMPHANT) Perhaps I shall see it. Suppose I tell you that he did not come in that night at 9:20, but at 10:20! Suppose I tell you there was blood on his coat! What if I stand up in court and say all these things?!

MAYHERNE:

(WEAKLY) You, uh, cannot be asked to give evidence against your husband--

ROMAINE:

(INTERRUPTS, COOL) He is not my husband.

MAYHERNE:

(STUNNED) He--? What do you mean?

ROMAINE:

My name is Romaine Heigler. My real husband is alive, but in a madhouse. So Leonard and I could not marry. I'm glad now. Very glad!

MAYHERNE:

I see, but-- May I ask why you're so bitter against Leonard Vole?

ROMAINE:

(MOCKING) Yes, you would like to know. But I shall not tell you. I will keep my secret. I'm free now to play a lone hand!

MAYHERNE:

(BEAT, QUIETLY) Then there seems no point in prolonging this interview.

ROMAINE:

Oh, wait. Tell me one thing. Did you honestly believe Leonard was innocent when you came here today?

MAYHERNE:

I did! (BEAT) I still believe so.

ROMAINE:

Oh, you poor little man.

MUSIC:

FIERY BRIDGE

VOLE:

(AGITATED) I - I don't understand her attitude, Mr. Mayherne. I can't explain it. You've given me the shock of my life.

MAYHERNE:

I must say, it's extraordinary; the whole thing. An extraordinary woman. Very dangerous.

VOLE:

She's the only person who can testify that I came home at 9:20. And I did come home then, I swear to you I did.

MAYHERNE:

Mr. Vole, I - I sincerely believe you. If for no other reason because there's too much evidence against you. (DISMISSIVE) Ahhh, this woman is obviously trumping up the whole story.

VOLE:

Of course she is. But will the jury believe her?

MAYHERNE:

That's the question. (CLUTCHING AT A STRAW, SLOWLY) But perhaps she won't testify. She was fiery with me, but I don't think she'll dare to tell such lies in court.

VOLE:

You don't sound too convinced of that, Mr. Mayherne.

MAYHERNE:

(BEAT) Well, perhaps I don't. Janet McKenzie's testimony will be damaging enough. If they think to call Miss Heigler to the stand-- Well, you can only wait and hope. Wait and hope.

MUSIC:

BRIDGE ... NOT VERY HOPEFUL

SOUND:

COURTROOM CROWD MURMURS ... GAVEL BANGS ... CROWD QUIETS BEHIND--

JUDGE:

Order in the court! Order in the court! The counsel for the prosecution may continue.

PROSECUTOR:

How long were you in the employ of Miss Emily French, Miss McKenzie?

JANET:

Thirty years.

PROSECUTOR:

And over that period of time you became somewhat of a companion as well as a maid?

JANET:

Yes. Miss French confided most of her personal affairs to me.

PROSECUTOR:

And did she speak to you at any time concerning the prisoner Leonard Vole?

JANET:

Indeed she did! He wormed himself into Miss French's affections good and proper!

SOUND:

COURTROOM CROWD MURMURS ... IN BG

MAYHERNE:

Your Honor, I object. That statement is irrelevant to the question.

JUDGE:

Objection sustained.

SOUND:

GAVEL BANGS A FEW TIMES ... CROWD QUIETS BEHIND--

JUDGE:

Silence in the court! Continue!

PROSECUTOR:

Miss McKenzie, was Miss French under the impression that Mr. Vole was married?

JANET:

No, she was not. She told me that she was thinking of marrying him.

SOUND:

COURTROOM CROWD MURMURS ... GAVEL BANGS ... CROWD QUIETS BEHIND--

JUDGE:

Order in the court!

PROSECUTOR:

Now, Miss McKenzie, when Miss French's will was read it was learned that she had named Leonard Vole as her principal beneficiary. Were you aware of this fact previous to the opening of the will?

JANET:

Yes. She told me about it the day she made the will. And she told Leonard Vole, too. He helped her draw up the will.

MUSIC:

BRIDGE [...]

JUDGE:

Very well, Miss McKenzie, you may step down. Will the state proceed to call its next witness?

SOUND:

COURTROOM CROWD MURMURS ... MAYHERNE AND VOLE'S VOICES SPEAK LOW

MAYHERNE:

Sorry, Mr. Vole, I couldn't shake her. I'd hoped to be able to break her down.

VOLE:

But she made up half she said on the stand. I - I swear she did. Janet hates me, Mr. Mayherne.

MAYHERNE:

Obviously. Well, maybe the jury will realize she has no reason to love you and will discount her testimony accordingly.

VOLE:

It looks bad for me, doesn't it?

MAYHERNE:

Could be worse. We may be all right yet.

PROSECUTOR:

If it please the court, our next witness, your Honor. Will Miss Romaine Heigler please take the stand?

MUSIC:

BRIEF ACCENT FOR A TRANSITION

PROSECUTOR:

Your name is Romaine Heigler?

ROMAINE:

Yes.

PROSECUTOR:

You are an Austrian subject?

ROMAINE:

Yes.

PROSECUTOR:

For the last three years you have lived with the prisoner and passed yourself off as his wife?

ROMAINE:

Yes.

PROSECUTOR:

Besides that, do you recall the night of Tuesday, March eighteenth?

ROMAINE:

Very clearly.

PROSECUTOR:

Where were you?

ROMAINE:

At my home.

PROSECUTOR:

The home you shared with the prisoner?

ROMAINE:

Yes.

PROSECUTOR:

And where was he that night?

ROMAINE:

He was at home until a quarter to eight.

PROSECUTOR:

Where did he go then?

ROMAINE:

To the house of Emily French.

SOUND:

COURTROOM CROWD MURMURS BRIEFLY

PROSECUTOR:

Did he take anything with him?

ROMAINE:

Yes. He took a pair of gloves -- and a hatchet!

VOLE:

(EXPLODES) No! I deny that!

SOUND:

COURTROOM CROWD MURMURS

JUDGE:

Silence!

SOUND:

GAVEL BANGS A FEW TIMES ... CROWD QUIETS BEHIND--

JUDGE:

Silence! I will have no emotional outbursts!

PROSECUTOR:

And what time did he return to your home?

ROMAINE:

At twenty minutes past ten!

VOLE:

(EXPLODES) That is a lie, and you know it! I returned--!

SOUND:

COURTROOM CROWD MURMURS ... GAVEL BANGS A FEW TIMES ... CROWD QUIETS BEHIND JUDGE--

VOLE:

I returned at twenty minutes past nine!

JUDGE:

If there are any more of these displays from the defendant, I shall hold you in contempt of court! The prosecution will continue.

PROSECUTOR:

Miss Heigler, will you please tell the court, in your own words, what transpired when the prisoner returned at twenty minutes past ten?

ROMAINE:

When he came home, his shirt pants were stained with blood. I asked him what had happened. At first he pretended he had fallen and hurt himself. Ah, but I soon saw this was not true! Finally-- Finally he admitted that he had killed Emily French!

VOLE:

(EXPLODES) No! She's lying, I tell you!

SOUND:

COURTROOM CROWD MURMURS ... GAVEL BANGS A FEW TIMES ... CROWD QUIETS BEHIND JUDGE--

JUDGE:

Mr. Vole, one more outburst and I will have you removed from the courtroom!

PROSECUTOR:

Please continue your testimony, Miss Heigler. The prisoner admitted the murder of Emily French?

ROMAINE:

Yes! When he came home he had a wild stare in his eyes. He grabbed my wrist so tightly, I - I cried out in pain. And he slapped my face several times. And he told me to shut up before the neighbors heard me. He told me he had killed her for her money -- and if I ever breathed a word, he'd kill me, too! His exact words were, "Watch your step. It's even easier to commit a second murder!"

SOUND:

COURTROOM CROWD MURMURS

MUSIC:

BRIDGE

SOUND:

METAL CELL DOOR SHUTS

VOLE:

Oh, Mr. Mayherne. I didn't expect to see you again this evening.

MAYHERNE:

Well, I came because, uh-- Because a rather strange thing has happened. When I reached my apartment I found this letter. It's signed by a Mrs. Bendovski. Ever hear of her?

VOLE:

Bendovski?

MAYHERNE:

(YES) Uh-huh.

VOLE:

No.

MAYHERNE:

Well, listen to what she has to say.

SOUND:

LETTER UNFOLDED

MAYHERNE:

(READS) "Dear Mr. Lawyer. If you want that painted Heigler woman showed up for what she is -- her and her pack of lies -- you just come to Five Sixteen Gay Street, Greenwich Village tonight. It'll cost you two hundred dollars, so don't come unless you're willing to pay. Ask for Mrs. Bendovski." (BEAT, TO VOLE) Are you sure that name means nothing to you?

VOLE:

No. I never heard of her.

MAYHERNE:

Well, did Miss Heigler ever mention her at any time?

VOLE:

Not as I can remember. She's probably just a crackpot trying to get some easy money.

MAYHERNE:

Yes, perhaps. And yet the way things stand now we've nothing to lose. (DECISIVE) I'm going to pay Mrs. Bendovski a visit this evening.

MUSIC:

BRIDGE

SOUND:

CREAKY OLD APARTMENT DOOR SQUEAKS OPEN

MAYHERNE:

Mrs. Bendovski?

MRS. B:

So it is you, dearie. Nobody with you, is there?

MAYHERNE:

No, no. I'm - I'm alone.

MRS. B:

Good, good. I don't go in for playing tricks. Nor for people who play them. Come in.

SOUND:

STEPS IN ... APARTMENT DOOR SHUTS

MRS. B:

You'll have to forgive the looks of my room. I don't exactly live in what you would call the lap of luxury. (CHUCKLES) Didn't no one ever tell you it ain't polite to stare, Mr. Mayherne? A proper sort of gentleman like you, too.

MAYHERNE:

Oh, excuse me, I--

MRS. B:

(INTERRUPTS, SARDONIC) Ah, you are wondering why I hide my beauty behind this veil, hm? Well, I will give you a little peep.

MAYHERNE:

(GASPS, DISMAYED) Oh, no.

MRS. B:

Soooooo, you are anxious not to kiss my scarlet face, huh? (CACKLES) Well, I don't wonder, I don't wonder. And yet would you believe now -- I was a pretty girl once? Even you might have taken a shine to me.

MAYHERNE:

Uh, look--

MRS. B:

(INTERRUPTS, DEADLY SERIOUS) And it is all her fault, do you understand that? She is the cause of this! She took the only man I have ever loved away from me! Yes! Her! When I went after Max -- yes, and I was after her, too -- she threw vitriol in my face. Vitriol! Have you ever thought what it would be like to have your - your face burned off of you? And she laughed! She laughed! I have had it in for her ever since. And now at last--

MAYHERNE:

(INTERRUPTS) Tell me, what is this information you say you have?

MRS. B:

Well, what about the money?

MAYHERNE:

It's your duty to give information. You can be called on to do so.

MRS. B:

Oh, no. You hand me two hundred -- and perhaps I can give you a hint or two. (BEAT) Huh?

MAYHERNE:

What, er, kind of a hint?

MRS. B:

Well, what would you say to a letter? A letter from her. Never mind how I got hold of it. That is my business. It will do the trick. But the money--

MAYHERNE:

I have the money. Here. (SOUND: RUSTLE OF BILLS COUNTED OUT) I'll put it on the table.

MRS. B:

(SATISFIED, REACHES) Aha!

MAYHERNE:

(NO) Uh-uh-uh-uh. Don't touch it. Let me see your evidence first.

SOUND:

RUSTLE OF A BUNDLE OF LETTERS PULLED OUT ... THEN HANDLED BEHIND--

MRS. B:

Here we are. A whole bundle of letters in her handwriting. It is the first letter you want. (CACKLES) That will do the trick! (CACKLES) Just you read it.

MUSIC:

BRIDGE

MAYHERNE:

(WITH GUSTO) Your Honor, ladies and gentlemen of the jury, I charge that the testimony of Romaine Heigler has been a malicious fabrication from beginning to end!

ROMAINE:

What?!

MAYHERNE:

Yes! I accuse Romaine Heigler of inventing her testimony to send an innocent man to his death!

ROMAINE:

Oh, this is absurd!

MAYHERNE:

Miss Heigler, do you deny that you're in love with a man other than Leonard Vole?!

ROMAINE:

Of course I deny it! What a ridiculous statement! I was completely faithful to Leonard Vole until he became a barbaric murderer, and threatened to kill me, too!

MAYHERNE:

And you still maintain that the defendant confessed committing the crime?!

ROMAINE:

Of course I do! I swore to it yesterday! And it is true! What are all these utterly foolish questions about?!

MAYHERNE:

(QUIETLY) They're about just this, Miss Heigler. I offer as evidence to the court this letter written in your own handwriting.

SOUND:

RUSTLE OF LETTER UNFOLDED

MAYHERNE:

It reads as follows. (READS, SLIGHTLY MELODRAMATIC) "Max beloved, the fates have delivered him into our hands. He has been arrested for murder. But yes! The murder of an old lady. Leonard, who would not hurt a fly! At last I shall have my revenge. The poor chicken! I shall say that he came in that night with blood upon him. That he confessed the crime to me! I shall hang him, Max! And when he hangs, he will know and realize it was Romaine who sent him to his death! And then happiness, beloved! Happiness at last!"

SOUND:

COURTROOM CROWD MURMURS ... GAVEL BANGS A FEW TIMES ... CROWD QUIETS BEHIND--

JUDGE:

Silence! Silence in this court!

MAYHERNE:

(BRISK, MATTER-OF-FACT) Your Honor, I have in the court three handwriting experts of excellent reputation who are ready to testify that this letter was written by none other than Romaine Heigler. May I call them to the stand?

JUDGE:

Yes, you may call them.

MAYHERNE:

Will the--?

ROMAINE:

(INTERRUPTS, DEFEATED) Oh, that won't be necessary.

MAYHERNE:

Why not, Miss Heigler?

ROMAINE:

(SOBERLY) I'll tell the court.

MAYHERNE:

Tell them what?

ROMAINE:

The truth.

MAYHERNE:

What is the truth, Miss Heigler?

ROMAINE:

Everything you have said is true. I wrote that letter.

MAYHERNE:

Yes, yes. Go on.

ROMAINE:

Everything Leonard said was true. I lied.

MAYHERNE:

What did you lie about, Miss Heigler?

ROMAINE:

My testimony was all a lie. Leonard did return home at twenty past nine, as he testified. I invented the whole story; I admit it. (TEARFUL) I wanted to destroy him. I - I wanted to send him to his death. So I could be free. I - I didn't want you to believe that he was innocent.

MUSIC:

BRIDGE

SOUND:

BUSY CITY TRAFFIC BACKGROUND

VOLE:

Fresh air! Can I really believe it, Mr. Mayherne? I'm actually free!

MAYHERNE:

Very happy to say that you are indeed acquitted.

VOLE:

Oh, things looked so black for me yesterday, I--

MAYHERNE:

You had the closest of all possible shaves. But no need to think of past troubles now. You're a very fortunate man, Mr. Vole. Of course, this business of Miss Heigler may have been a bit of a shock, but-- I'd say you're well off without her.

VOLE:

Oh, I've learned my lesson with her. I - I shan't be such a fool with another woman. But I don't even give her a thought any more. I'm free! That's all that matters. Let's cross the street here, shall we?

SOUND:

TRAFFIC GROWS LOUDER AS THEY CROSS THE STREET

MAYHERNE:

She gave you a very close call, but as I told you before, I believe that justice is always done in the end, and now-- (ALARMED) Mr. Vole! Watch out!

SOUND:

DURING ABOVE, HONKING CAR HORN, SQUEALING TIRES ... THEN SPEEDING CAR HITS VOLE ... CRUNCH! BROKEN GLASS! ET CETERA

MUSIC:

HUGE ACCENT! FOR VOLE'S DEATH ... THEN OUT

SOUND:

FUNERAL HOME SETTING ... ALL DIALOGUE IS HUSHED AND SUBDUED

UNDERTAKER:

(GENTLE, SOLICITOUS) Oh, yes, Mr. Mayherne. You defended Mr. Vole, didn't you?

MAYHERNE:

Yes, I did.

UNDERTAKER:

Come this way. He's in this room on the left. (BEAT) Tragic, wasn't it, his untimely death?

MAYHERNE:

Yes, he had everything to live for. It's ironic, really, to escape death so narrowly in the courtroom only to walk outside and meet it in the street.

UNDERTAKER:

Fate just had it in for him, I guess.

MAYHERNE:

Many people see him?

UNDERTAKER:

Oh, there have been, but they've 'most all gone now. I think there's only one left -- a relative of some sort.

SOUND:

ROOM DOOR OPENS

ROMAINE:

(WEEPS ... THEN IN BG)

UNDERTAKER:

In there, Mr. Mayherne.

MAYHERNE:

Thank you.

SOUND:

ROOM DOOR CLOSES

MAYHERNE:

Er, pardon me. I hope you won't think that I'm intruding.

ROMAINE:

(STOPS WEEPING, TEARFUL) No. Come in, Mr. Mayherne.

MAYHERNE:

(HUSHED SURPRISE) Miss Heigler!

ROMAINE:

(A FINAL SOB)

MAYHERNE:

I didn't recognize you in that veil.

ROMAINE:

Go on. You did not expect to find me here.

MAYHERNE:

No, quite frankly, I didn't. But then--

ROMAINE:

Go on. Say it.

MAYHERNE:

Well, after what's happened, I - I suppose nothing you do should surprise me. Considering what you have done, or tried to do to him. I hardly thought you'd make a mockery of his death.

ROMAINE:

By wearing the veil of mourning?

MAYHERNE:

Yes.

ROMAINE:

Strange. I thought you were cleverer than that, Mr. Mayherne.

MAYHERNE:

What?

ROMAINE:

It's not the first time you have failed to see through a veil.

MAYHERNE:

What are you talking about?

ROMAINE:

The woman in Gay Street. Do you remember?

MAYHERNE:

Why, you--? (REALIZES, HUSHED) Miss Heigler?!

ROMAINE:

(QUIET CHUCKLE) You never guessed that I was Mrs. Bendovski.

MAYHERNE:

But-- But that's impossible!

ROMAINE:

No. Have you forgotten I was an actress?

MAYHERNE:

Well, yes, I know, but-- I mean her face-- Her face was--

ROMAINE:

Oh, that was easy enough. The light in the room was too bad for you to see through the veil and know it was only makeup.

MAYHERNE:

But why? Why?

ROMAINE:

Why did I play a lone hand? Because I loved him. Because I had to save him.

MAYHERNE:

But why such an elaborate comedy as that? Why didn't you simply testify in his favor?

ROMAINE:

No. The evidence of a woman devoted to him would not have been enough. You hinted as much yourself. They would not have believed me.

MAYHERNE:

Perhaps, but--

ROMAINE:

But if I testified falsely against him and you forced a confession from me that it was all a lie, then I would be damned in the eyes of the law and the jury would feel bound to acquit him.

MAYHERNE:

And, er, the bundle of letters?

ROMAINE:

I wrote them all myself.

MAYHERNE:

What about the man called Max?

ROMAINE:

He never existed.

MAYHERNE:

I see. (BEAT) I'm afraid I misjudged you, Miss Heigler. But I still think we could've got him off by the normal procedure.

ROMAINE:

I - I dared not risk it. You had no evidence to prove Leonard's innocence. You - you merely believed it.

MAYHERNE:

And you. You knew it. (BEAT) I see.

ROMAINE:

(EVENLY) My dear Mr. Mayherne, you do not see it at all. On the contrary. I knew he was guilty.

MUSIC:

CURTAIN

ANNOUNCER:

You have just heard "Witness for the Prosecution" by Agatha Christie, adapted for radio by Agnes Eckhart.

MUSIC:

CLOSING THEME ... THEN BEHIND ANNOUNCER--

ANNOUNCER:

In tonight's play Arnold Moss was heard as Mr. Mayherne, Lotte Stavisky as Romaine Heigler, David Gothard as Leonard Vole. Other players included Hester Sondergaard, Ethel Browning, Edgar Stehli, Arnold Robertson, and Frank Milano. Music was composed and conducted by Dr. Roy Shield. RADIO CITY PLAYHOUSE is supervised for the National Broadcasting Company by Richard P. McDonough. Next week you will hear another exciting play, Thomas Burke's classic "The Hands of Mr. Ottermole," Attraction Thirty-Five on RADIO CITY PLAYHOUSE.

MUSIC:

UP FOR THEME ... THEN OUT

ANNOUNCER:

Bob Warren speaking. This is NBC, the National Broadcasting Company.

MUSIC:

NBC CHIMES