Auto Light and its 98,000 dealers bring you Mr. Herbert Marshall in tonight's presentation
of Suspense.
Tonight Auto Light presents a story of justice as we examine a man who was suspected of having
committed a perfect crime.
It's called Murder by Jury, our star Mr. Herbert Marshall.
This is Harlow Wilcox.
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And now Auto Light presents Murder by Jury, starring Mr. Herbert Marshall, hoping once
again to keep you in suspense.
Pardon me, sir.
To be sure I understood you, you did say a snake.
Yes, sir, a snake.
Possibly, Mr. Mason, you could describe the snake.
Yes.
It was gray with a sort of red mottling, dark plum colored.
I see.
Go on, Piers.
Underneath, it was raised up toward me, you know, its head ready to strike.
Well, underneath was grayish, but lighter, almost white in the center.
Now, was there anything else you remember about this snake, Mr. Mason?
It was big.
It was as thick as my two wrists put together.
And then, according to your statement to the police, you seized the snake just below its
head with both hands.
Would you kindly show the jury the position of your hands?
Yes, thank you.
You say that you squeezed with your fingers and dug in with your thumbs.
Is that correct?
Yes, that's about it.
And I felt the snake twisting and squirming underneath, trying to get away, you know.
And then you woke up?
Yes, sir, I woke up.
I was kneeling beside my bed.
And with my wife's neck, which was in my hands, with her throat, I was squeezing.
What did you do when you realized this?
There was nothing I could do.
She was already dead.
I'd killed her.
His name was Edward Mason, and he was on trial for the murder of his wife, Frieda.
I was counsel for the Crown in those days.
It was just about the nastiest case I'd ever had.
One should, I suppose, begin at the beginning.
That was on the first day of the trial.
McCray was defending the accused, and he began his defense by questioning the police inspector
who was in charge of the case.
The inspector was normally a witness for the Crown.
Would you give us a brief account of your investigations, inspector?
I will, sir.
The accused was residing with his wife at the Clendonian Hotel at Chaffam on Sea in
Norfolk.
On the night in question, the manager, two servants, and some guests were aroused by
horrible screams, enigmatic from the Mason room.
On reaching said room, they found it to be opened by Mr. Edward Mason, who appeared in
a state of great excitement.
I'll continue, inspector.
Yes, sir.
He was in a state of great excitement, and while looking, he kept looking at his hands
and saying over and over again, I killed her, or I strangled her.
One or the other, inspector?
No, sir.
He said both, over and over.
Then he never attempted to deny that he had killed his wife.
No, sir, he did not.
Thank you, inspector.
That's all.
Cross examination.
You have before you the statement made by the accused, inspector.
Yes, sir.
I call your attention to the following remarks made by the accused during your questioning.
Yes, sir.
I had had a dream about a snake.
I tried to strangle it, and when I woke up, I found I had strangled my wife.
This was a dream that I'd had before, but I'd never done anything like this.
I'd never killed anyone.
Those are the words of Mr. Edward Mason, are they not?
Yes, sir, they are.
What was your reaction when you heard them?
I thought it was a lot of rubbish.
Objection, my lord.
Objection sustained.
Kindly contain your remarks to a dignity fitting this court, inspector.
I'm sorry, my lord.
I am of the opinion, my lord, that before the Crown's case is concluded, the accused
carefully prepared statement will be termed just such.
A tissue of lies and a complete fabrication.
Thank you, inspector.
That will be all.
Then Mrs. Mason's brother was put in the box.
He was a hefty chap with a bald neck and hands like a pair of warming pans covered with red
hair.
His name was Hector Easterday, and we knew that he didn't like his brother-in-law.
Didn't like him at all.
I thought he was going to be a strong witness for the prosecution, and for a time it looked
as though he would be.
Very well, Mr. Easterday, now tell us, were the police made aware of the fact that Mason
had insured his wife's life for 10,000 pounds?
They knew.
And if you'd known Edward Mason, you'd have realized it was just like him.
He knew what he was going to do to her a long time ago.
Do you think that she had any idea of it, Mr. Easterday?
Objection, my lord.
Counsel is leading the witness.
Counsel will kindly refrain from leading the witness.
Sorry, my lord.
Mr. Easterday, had she ever confided any fears to you?
Well, I wouldn't say that, but she knew.
She knew all right.
And last year there was another woman, and between that and the money, that's why he
killed her.
Thank you, Mr. Easterday.
That will be all.
You spoke of a life assurance policy, Mr. Easterday.
I did.
Did you know that they had each insured the other's life?
Not an uncommon practice for married couples these days.
Also that the insurance was by no means recent.
It was taken out when they were first married and had been successively increased.
Yes, but...
You spoke of another woman, Mr. Easterday.
Did Mrs. Mason tell you about that?
Not, not exactly, but I knew.
Oh?
And how did you know?
I could tell.
Oh, you could tell.
You are then clairvoyant.
You could tell.
Possibly you hired detectives to follow Mr. Mason.
Possibly you followed him yourself.
The defense counsel tore him to bits, made him sound like a nasty-minded, prurient, busy
body who had never liked the accused and never lost the opportunity to blacken his character.
Nevertheless, making a fool out of a witness is a two-edged weapon, and I could see that
the jury, although not in sympathy with Easterday, still felt that there might be more than a
word of truth in what he'd implied.
You couldn't argue away insurance.
He did stand to collect 10,000 pounds by his wife's death, but did he murder?
That's what they were thinking.
You could see it.
And they waited for him to take the witness box.
When my turn came for cross-examination, I made him go through the whole thing again.
When I woke up, I was kneeling beside my bed.
It was my wife's neck, it was in my hands, and it was her throat I was squeezing.
What would you do when you saw this?
There was nothing I could do.
She was already dead, and I had killed her.
I see.
Now, you have admitted small quarrels between yourself and your wife.
I have married.
Life is like that.
You live together, you have differences, and then you make them up.
Most people do.
But there were quarrels which were more serious, perhaps less likely to be made up.
No.
We were happy.
I loved my wife.
You loved your wife, but you killed her.
Quite so.
Now, as far as the insurance is concerned, you gradually increased it until it reached
the amount of 10,000 pounds on your wife's life.
Yes, I did.
As a matter of fact, it was about three or four years ago that I had done rather well
in business, and that's when I increased the premiums.
But more recently, you have been in some difficulty, financially, I mean.
Things have become rather slow, yes.
I couldn't afford to buy any more insurance, I know that.
But you hadn't reduced the amount on your wife.
No, sir, that would have been unsound, quite unsound, and uneconomical.
In fact, then, your business position would have improved considerably in the event of
your wife's death and the money received from the insurance.
I did not say that, sir.
But is it not the case, Mr. Mason?
Nothing could be worth the loss of my wife.
But you did kill her.
Yes, I did.
Do you know the woman referred to by Mr. Easterday?
There was no woman.
Do you wish to refresh your memory, Mr. Mason?
Last year, perhaps it escapes you.
There was no other woman.
You still maintain that the cause of your wife's death was due to the recurrent dream
you had.
Yes, I do.
It went on like that, and I couldn't shake him.
He never contradicted himself and never sounded too glib.
If he was lying, I knew that the court was of the opinion that it was some of the most
perfect and painstaking lying they'd ever heard.
Then Mason's sister was called as a witness.
She was a gray haired, middle class intellectual about two years older than the defendant.
Didn't take long for her to come to her brother's defense.
Will you state in your own words the event that took place between you and your brother,
please?
Indeed, I most certainly will.
I think that it's criminal.
Objection, my lord.
Objection sustained.
Miss Mason, strict adherence to facts is the object of the court.
Kindly abstain from all subjective feeling, if you will.
Well, I was going to say that when we were children, he was eight then, I was only ten,
we slept in the same room.
And one night, it was after we'd gone to see Peter Pan, and Edward was frightened by the
crocodile.
You, you probably remember how frightening that was.
It was that night that he awakened, and he was dreaming that a crocodile was chasing
him, and he tried to strangle it.
And when he woke up, he was strangling me.
It was perfect timing.
The accused gave way, buried his face in his hands and sobbed as though his heart would
break.
The jury, even Mr. Justice Forepaw, were visibly shaken.
I could see the case for the crown disappearing down the drain.
More than that, I could begin to see a man who had committed a perfect murder going scot-free.
Auto Light is bringing you Mr. Herbert Marshall in Murder by Jury, tonight's presentation
in radio's outstanding theater of thrills, Suspense.
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Mr. Edward Mason was given half an hour to recover following his outburst.
Then the trial continued.
His sister remembered every detail of the matter.
And even when I made a go through her story again, she remembered.
He was an awfully strong boy, you know, even at eight.
Very strong.
And I'm sure if nurse hadn't come in when she did, well, I don't really care to think
about what might have happened.
Would you mind telling the court your age, Miss Mason?
Oh, is that necessary, my lord?
Is it necessary, counsel?
There is a point involved, my lord.
Very well.
Recognizing the delicacy of the question, the witness is still directed to answer.
I'm not ashamed of it, of course.
I just...
And your age, Miss Mason?
Fifty-four.
Thank you.
Now, you have every detail of your brother's attack firmly in your mind.
That is so, isn't it?
If I live to be eighty, I shall never forget it.
Yet this was forty-four years ago, and you ask us to believe that the incident is still
indelibly etched in your mind.
Indelibly, sir.
Absolutely.
It was a long time ago, but such an experience is not likely to be forgotten.
Of course I forgave Edward.
It wasn't his fault, and furthermore...
How fortunate that you are still alive to forgive him, Miss Mason.
His wife, more as the pity is not.
No further questions, my lord.
The witness may step down.
It was a telling point for the defense.
They had proved to the jury, at least, that the accused had, years ago, repeated the act
of strangulation during a dream.
The next witness I'd like to forget.
She was a surprise to the Crown and a rather nasty one.
Her name was Amy Burke, an extremely self-possessed young lady in her early thirties.
She had already made a tremendous impression on the court.
Correct me if I am wrong, Miss Burke.
You stated in this court of justice that three years ago you met the accused, Mr. Edward
Mason, at a seaside resort, Broadstairs.
Yes, sir, I did.
Was his wife aware of this meeting?
I don't know.
Well, I don't think so.
She wasn't with him.
Like I told the other gentleman, he was there alone for a few days.
Quite so.
Now, for my benefit, would you repeat the incident which occurred during your first
meeting?
I'd be ever so glad to.
We were walking on the sand.
It was very nice.
Perfectly all right, don't you know?
Talking about his wife, as I remember, she was with friends in Devon.
Yes.
Go on, please.
Well, it was a hot day and we sat down for a bit.
The next thing I knew, he was asleep.
I believe you said with his head in your lap.
Oh, no.
I put his head in my lap while he was sleeping.
He was getting sand in his hair.
Well, it was all perfectly proper and all.
He didn't even know it.
I'm sure of that.
Please continue.
Well, I got a bit drowsy myself and next thing I knew, I was asleep too.
With Mr. Mason's head still in your lap.
That's right.
It was all very proper.
Mr. Mason is a gentleman.
What took place then?
Well, he started to choke me.
It was something horrible.
When I woke up, he was leaning over me with his hands about my throat and I couldn't breathe.
But you managed to fight him off.
Oh, yes.
I managed.
What did he say to you after that?
Well, it was like he was just waking up, you know?
And he was terribly upset.
Tell me about a dream, a snake in it.
Of course, I was dreadfully angry and frightened, you can imagine.
Oh, yes.
But after he paid you 10 pounds to soothe your feelings, the anger subsided, did it
not?
He was a gentleman about it, if that's what you mean.
So much so that you didn't pursue the matter further.
A stranger tries to murley when pays you 10 pounds not to report the matter to the police.
No, it wasn't the 10 pounds.
He was sorry.
It wasn't well and I could see that and I felt sorry for him.
This took place three years ago, miss Burke.
That's right.
And yet here you are today, nobly springing to his defense.
The event must have made quite an impression on you or perhaps Mr. Mason did.
Mr. Mason is a gentleman.
He didn't want me to come here at all.
I said I had to after I read about what happened.
Mr. mccray over there talked him into letting me come here.
He's a gentleman, he is.
I put it to you, miss Burke, that your whole story is a lie, that it never happened.
Although I don't doubt that you are familiar with the accused.
I put it to you that your testimony has been bought and paid for and that you have deliberately
purged yourself in the witness box.
It's a ruddy insult.
Colonel Mallor, I protest.
The council is badgering the witness most unfairly.
Silence in the court.
Mr. Payton, you will confine yourself to stated fact and refrain from badgering the
witness.
Yes, Mallor.
Can I go now?
Not for a moment, miss Burke.
Did you see Mr. Edward Mason again after that day?
I never set eyes on him again till today in court, and that's the truth.
And you ask us to believe that this story you just told us is given of your own volition,
that you at no time given a prepared statement by interested parties that this event actually
took place.
I wouldn't be likely to forget it.
It's true, every word of it.
Very well.
That's all, miss Burke.
The witness is excused.
Dr. Regal, to the witness box, please.
McCray had us.
I knew what was coming.
It was perfect.
And there wasn't a thing that I could do to prevent it.
Dr. Regal was a small, intense little man with heavy glasses.
The jury looked at him and they were impressed.
When he said he'd tell the truth and nothing but the truth, they believed him.
They would have believed him even if he'd been the biggest liar on earth, which unhappily
he wasn't.
Dr. Regal, will you tell us if you recognize anyone in this courtroom?
Yes, sir.
That young lady over there.
Miss Burke.
I believe that is her name.
Anyone else?
The gentleman there.
The accused, Mr. Mason?
Yes, sir.
Will you tell the court upon what occasion you had the opportunity of meeting these two
people?
Well, it was about three years ago.
I have the date in my attendance diary.
Just a moment.
Ah, the 16th of July.
That was it.
Mr. Mason brought the young lady to my office during the afternoon.
Miss Burke?
Yes, sir.
It was half past three.
He asked me to look at her throat.
I see.
And what did you find when you looked at her throat?
Bruises.
They were not dangerous, but I treated them.
And after that?
I never saw them again.
The bill was paid?
Yes, Mr. Mason paid.
In cash before he left.
Thank you, doctor.
That will be all.
Cross-examine.
No questions.
That was all.
There wasn't any use in cross-examining what was so obvious in truth.
Counselor of the defense made a brilliant and short summation.
I made a not so short, and I'm afraid far from brilliant summation, for the Crown.
Mr. Justice Forebaugh gave his instructions, and the jury never hesitated.
They retired for only a few moments.
With your worship's permission, we have already reached a verdict.
Very well.
What is your verdict?
We find the accused, Mr. Edward Mason, not guilty of the charge.
What?
He's guilty!
He's a dirty murderer!
He killed my sister, and I say he's guilty!
He ought to be hanged!
Sergeant Adonis, put that man under arrest.
Silence!
The dead woman's brother thought that Mason was guilty, and I knew he was one of the most
cold-blooded, successful murderers we ever failed to hang.
It was about six months later that we found the proof, and then it was too late.
I talked it over with the director of public prosecutions in his office.
There's nothing we can do.
I suppose had I been on the jury, I should have brought in the same verdict.
We have to assume the man was innocent.
He was guilty, sir.
My dear fellow, surely Mason didn't start to plot the murder of his wife at the age of
eight?
My dear fellow, you must...
No, no.
But he did decide to about three years ago, and he took a precaution before he did so.
I don't follow.
He knew his sister remembered the strangling incident during their childhood, and all he
had to do was to repeat the dream strangling with someone else.
The Burke woman?
But how did she...
Oh, from her point, it was all quite innocent.
She didn't know what was in his mind.
He didn't go too far with her, just enough to produce some convincing bruises.
Then he took her to the doctor and paid the bill.
That was all true.
Well?
You remember, he admitted at that time doubling his wife's insurance.
Then he sat back to wait until he felt the moment had come to kill her.
Assuming you're right, there's the Burke woman.
If he never saw her again, how did he know where to find her to appear for him?
He didn't look for her, sir.
She was telling the truth, but he knew where to find her right.
Those three witnesses did the job for him.
His sister he could always find.
The doctor, easily traceable, a medical directory, but Miss Burke.
A girl like that might...
Well, she might move about a great deal.
She did.
So the method he adopted to keep in touch with her was to send her 10 pounds a month
anonymously.
So long as she kept him notified as to her whereabouts, he would continue to send her
the money.
Well, if she had to notify him when she moved, surely she must have known who he was.
Not at all, sir.
A post office box under an assumed name.
He kept it up for three years and she didn't ask any questions.
Why should she?
Blas, you're certain of all this?
I'm afraid I am, sir.
Well, it seems a pity you didn't have the information during the trial.
We didn't know anything about her until McCray brought her in.
And we can't try Mason again for the same offense.
He's done it, Peyton.
The perfect murder.
It was about two months later that I saw the paragraph hidden away on an inside page of
the Times.
I made a telephone call and then went to the office of the director of public prosecutions.
I'll be blown.
It appears that Mr. Edward Mason had been staying at a little hotel in Cornwall.
And yesterday when the maid came in with his morning tea, she found the window unlatched
and the balcony rail broken.
It's a 50 foot drop to the rocks below.
Mason?
He wasn't in his room.
We found the body below.
I'll be blessed.
Justice.
I'll be blessed.
Is it your side, you think?
I don't know.
Probably an accident.
Since there was no sign of foul play, possibly he stumbled and fell.
But there is one curious coincidence.
What's that?
The dead woman's brother, Hector Easterday.
Yes?
Well, it's a rather curious coincidence.
Hector Easterday occupied the room next door.
Suspense presented by Auto Light.
Tonight's star, Mr. Herbert Marshall.
This is Harlow Wilcox again.
Remember, you now have a wonderful opportunity to do your favorite local or national recognized
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Next week, a story based on fact.
The search for an animal capable of destroying a city whose bite, if not immediately treated,
is 100% fatal.
It's called The Barking Death.
Our star, Mr. William Powell.
It's next week on Suspense.
Murder by Jury was written by Michael Gilbert and adapted for suspense by Anthony Ellis.
Suspense is produced and directed by Elliot Lewis with music composed by Lucian Morawick
and conducted by Lut Bluskin.
Featured in the cast were Joseph Kearns, Ben Wright, William Johnstone, Herb Butterfield,
Richard Peel, Norma Varden, Betty Harford, and Keith McConnell.
Herbert Marshall may soon be seen co-starring with Janet Leigh and Tony Curtis in the Universal
International Cinemascope Technicolor picture, Men of Iron.
And remember, next week, Mr. William Powell in The Barking Death.
This is the CBS Radio Network.