 Autolight and its 98,000 dealers bring you Mr. Frank Lovejoy in tonight's presentation of Suspense Tonight Autolight presents the story about a man who committed a murder and got away with it for quite a while public defender our star mr. Frank Lovejoy Hey hap why is April like an autolight stay full battery? Oh, that's easy Harlow. They're both famous Right hap the autolight stay full has three times the liquid reserve of ordinary batteries And that's why it needs water only three times a year in normal car use But that isn't all the auto light stay full is famous for no sir. It's famous for longer life, too Fiberglass retaining mats around every positive plate to reduce shedding and flaking and give the auto light stay full battery longer life As proved by tests conducted according to accepted life cycle standards So April's the month they know right the month to visit your autolight battery dealer the expert on all makes of batteries To quickly locate him phone Western Union by number and ask for operator 25 I'll gladly tell you the name of your nearest auto light battery dealer where you can get an auto light stay full The battery that needs water only three times a year in normal car use and remember from bumper to tail light You're always right with auto light and now auto light Presents public defender Starring mr. Frank Lovejoy Hoping once again to keep you in suspense The newspapers say it was a matter of conscience. Well, they're wrong dead wrong It wasn't conscience or anything like that It was just the way he looked and talked Conscience I don't have one. I don't think you do either Was a swell morning and they were having a swell parade the whole town was out watching it I was there too. I didn't want to miss anything. I was standing on the north side of 6th Street off of Curtis right by the alley. I Had already spotted this lady in the fur coat She was about five feet from me sort of standing on her toes trying to look over everybody's head. I Looked around to make sure she was alone before I came up in back of her easy. No Just a minute. That's my purse You weren't supposed to notice lady, but now that you have this is a knife And don't make a move don't make one single little move or I'll shove it right in your back. I Said nothing move. I put one arm around her and held her up until the drama and bugle core passed No one noticed when I let her slip to the ground Then I just turned around and walked away the papers called it the armistice day killing It said her name was Tyler and that her husband did something for the county their pictures were all over the front page That night I caught myself a bus for st. Louis and stayed there about a month. It's a pretty good town. I Got back here in time for Christmas and no one bothered me up until a few days ago. Who is it? Mrs. Weaver. Oh What time is it 8 o'clock downstairs? You want to talk to you there from the police department policeman? Yes, policeman. I told him you were sleeping and could they come back later? Or could you call them? They said they wanted to talk to you right now You in any trouble? I don't know. I hope not Tell me I'll be right down. Mrs. Weaver All right, mr. Penn They must have made a mistake or something. Oh, yeah, sure. Are you Philip James Penn? Yes Police. I'm Sergeant Quinn sergeant Lacey I just looking around for my robe. I was coming right down. There's not a robe over there on the chair. Oh By golly it is What uh, what's this all about? What do you want to see me for? I'll just checking a few things pan. Sorry to get you up like this Well, that's okay. I want to get up early today anyhow I usually sleep on Sundays if I can but I had some extra work to do today Oh, where are you working these days pan? I'm not working at all. I'm going to school eight hours a day. Where? Commercial electrical college. How long have you been doing that since last January? I enrolled in the 15th. Why? How do you live? I'd saved a little money. I worked here and there. Oh, where are you from Milwaukee? How long have you been in town? I had a part of a year. I guess say How old are you 31 married? No Ever been in trouble? No, sir ever been arrested. No, sir How about back in Milwaukee? I've never been in any kind of trouble never been arrested. No, sir Do you know Walter Kalaman? Walter Kalaman? Now that name sounds familiar in a way. I can't place it at the moment though. Oh, he places you pretty well Says you worked from once at his place over on 17th 17th and Glen on Kalaman, huh? I worked for him 17th When was this? Can't you remember who you worked for? Well, I told you I haven't worked regular for a long time. I've had lots of jobs here and there around town You had this one around last Christmas pen from the 18th of December through the 5th of January. Oh Yes, the ace haberdashery. Oh, sure. Sure. I clerked there You can't expect me to remember a man's name just like that one. It's so far back. Sure. I remember mr. Kalaman now What about him? Mr. Kalaman store was burglarized last night, Penn Somebody got away with $400 or so. Well, I'll be darned. Mr. Kalaman closed this store at six o'clock last night About ten o'clock. He was out riding with his wife and he says he saw you standing in front of the place Mrs. Kalaman saw you too. Yeah How about it Penn? You're a big tall fella fairly easy to pick out the Kalamans recognized you Oh, I think they made a mistake sergeant. Were you around that store at any time last night? No, sir I sure wasn't not anywhere near it. I was right here in this room in bed last night. Can you prove that? Well, I don't know I haven't tried mr. Kalaman said that you had a key to the store when you worked for him Still have that key. I gave it back to mr. Kalaman when he let me go. He says you didn't give it back Well, then he's mistaken. I gave him back his key whoever got in there last night had a key pen How about putting some clothes on them coming down town with us? Do I have to go? Yeah Well, I I had a lot of things I wanted to do today. I got some studying. I want to finish Don't you believe me? Let's go Phil. I Was afraid to go with them. I I didn't want to have anything to do with cops They asked too many questions and if I answered too many of them they were bound to find out something about About other things It was a little rougher than I expected when we got downtown Besides Kalaman and his wife the guy in the filling station across the street identified me All lady weaver wouldn't back up my story about my being home sleeping And then they went out and looked over my room and found the key to Kalaman store in my coat pocket I I don't know how it got there And everybody remembered I'd been wearing that coat the night before Little while later a man named Hale who said he was from the district attorneys office got me alone in a room And had me go over the whole thing. I Thought he was pretty well convinced for a while. You know you're in a pretty tough spot here Oh, I know I know that illegal entry and burglary. You can get up to seven years. Well, I don't want no seven years Sir, I haven't done anything And there's something else you should know what mr. Kalaman kept his money hidden and one of the boxes on a shelf Downstairs in the store Somebody who had worked there had to take it. Well, why don't they ask somebody else who's worked there? It's just a small place. He only opened it a few months ago. You're the only help. He's ever hired Then you're the only one who could possibly have knowledge of where that money was hidden then Do you want to make a statement? No, sir? I didn't take it. I wasn't around that store. Okay, then that's all They booked me in and I was arraigned a couple of days later. They had a hearing everybody came in and told their little story Philip James Penn you have heard the charges of which you stand accused It's my duty to inform you that it has been determined that the public offense has been committed This is not a trial court. You will have ample opportunity to produce witnesses and defend yourself at the proper time and place Are you represented? No, no your honor. I don't have a lawyer. You have any means whereby you can procure counsel I'm broke your honor. Nobody to help me out. I don't have any money clerk see that office of the public defenders notified I hereby commit the accused to the custody of the sheriff of this county pending the action of the grand jury adjourned Yeah, I was kind of rough out all right They had it about all fixed up against me and I saw myself doing a nice little seven years for a burglary. I hadn't committed Then this fella from the public defenders office showed up When I saw him coming toward myself with a turnkey. There was something familiar about his face And yet I I didn't know him Sure is Jim Yeah County Jails no place to be on a hot day any day I guess Jim. Yeah Now here we go And this is mr. Tyler who wants to talk to you Did you say? Tyler yeah My mind was going a mile a minute, but I couldn't think of anything to say So I just stood there and looked at the guy who was going to handle me in court. I recognized him His picture had been in the paper with a story about about her I Killed his wife Hello, Phil. I'm here to help you Autolight is bringing you mr. Frank lovejoy in public defender tonight's presentation in radios outstanding theater of thrills Suspense a lot of folks get daylight saving time soon I'll have it saving time all the time when you've got an auto light stay full battery in your car Because with an auto light stay full you have the power for quick sure starts every time power that really lasts Say hello, you know what hap fiberglass retaining mats protect the power of every positive plate to reduce shedding and flaking And give the auto light stay full longer life as proved by tests conducted according to accepted life cycle standards And the auto light stay full hardly ever needs water only three times a year in normal car use So friends visit your expert auto light battery dealer Just phone western union by number and ask for operator 25 Now quickly tell you the location of your nearest auto light battery dealer Where you can get an auto light stay full battery And now auto light brings back to our hollywood soundstage Mr. Frank lovejoy in elliott louis's production of public defender A tale well calculated to keep you in Suspense I'll be right down the hall mr. Tyler all right jim. Just call when you need me all right jim Well now the fellow says it was a pretty good trip, but now I have to pay for it Like a smoke Thanks Oh No need to look like that Yeah Thanks At your hearing uh, you told the court that you weren't represented by counsel phil. That's why I came here I'd like to handle your case for you I don't have any money if you're in trouble you have a right to legal counsel Whether you have any money or not we have a law that says that phil You don't have to have any money with me my fees on the county understand that I I guess I do well good sit down phil Sure hot huh? Yeah Well now How about uh Telling me the whole thing Didn't you read the charges? Oh yes, but I want to hear What you have to say about them Well, how do I know you're not from the district attorney's office here trying to time me up somewhere? No, I'm not phil. I'm on your side. I'm representing you Well, you work for the county same as a district attorney. We work pretty hard keeping people out of jail too I'd like you to be very frank with me and tell me everything that happened Well, nothing happened. All right Uh, where were you saturday night son? Phil mrs. Weaver told me that you were out until midnight or better. She heard you come in Phil were you around mr. Callumans store? No Well, where were you son? I just walking and thinking that's all alone. Yeah Tell me what you were thinking about What was on your mind? Were you worried about something? Oh, no I just Thinking about a lot of things what I was going to do Tell me what you mean Oh Just about finishing my course in electrical work and maybe getting a good job someplace and settling down getting married Well, a lot of young fellows go around thinking just about the same things Ever been married? No, you have a girl. No Do you go to church? Sometimes not very often Why did you tell the offices you were home sleeping phil? Well, I was scared I guess What? Are you afraid of policemen phil? I I I I guess so. Oh, why who? I don't know Well, now while you were out walking did you uh stop in any place like for a drink or something? No Did you see anybody you knew somebody who might be able to identify? No, no, I just took a good long walk What time did you leave the boarding house? Well, right after dinner maybe no seven thirty quarter eight. Oh, where'd you go from there? I walked downtown to see if there are any movies I'd like to see there weren't any so I just kept walking around town It was a nice night. Yeah, sure was You walked till after midnight, huh? Phil You had a key to that store You knew where callum and hit his money you were seen in the vicinity of the store the night he was robbed Now if you rob mr. Callum and store, I'll have to know all about it If I'm going to help you. No, sir. I did not rob that store Honest I didn't all right I'll do my best to help you prove it. I'll do everything I can for you. We'll enter a not guilty plea Yeah, plenty of cigarettes. Yeah, mr. Tyler Do I have a chance of getting off? Oh, it depends on how good a defense we put up mostly on whether or not we have all the facts Well, you have no arrest and a dating this one. That's in your favor Marl, I see now you're pretty industrious ambitious sort of fellow All these things will come into account when we get into court We'll find it out together. I have to run along now. I'll be back tomorrow meantime, you just sort of relax and uh Straighten out your thoughts What do you mean? Oh Man hardly ever takes a five-hour walk Maybe you'll have some things to tell me about when I come again We interrupt this program We have interrupted this program to bring you the latest on the prisoner of war exchange in korea Here are the latest names of american prisoners just released by the communists pfc paul o blanton root 2 broadhead kentucky From philadelphia private john m jankiewicz jr 926 north 6th street From greenville tennessee pfc walter mitchell From covington kentucky sergeant orville r mullen Private g morland no home address listed pfc harry purses or purvis also no home address listed Sergeant willy patrick jr Sergeant patrick and the next names coming up are also listed as having no home address as of the moment Sergeant willy patrick jr sergeant albert l howard pfc wilbert m warring war r i n g Sergeant edward g anderson Private lewis ocher scroll that's spelled ok er k s t ro Sergeant george w gray pfc url n wiseman Sergeant william h white sergeant white is listed as a litter patient Corporal padro a herero pfc joe t heath also listed as a litter patient Those 16 names are the names of american prisoners of war released this evening by the communists in korea As later names become available we will interrupt our scheduled programs to bring them to you This bulletin has come to you from cbs radio news. We now resume our scheduled program The truth i'm telling you the truth Where'd you stay in saint louis at the hall hotel how much rent you pay i didn't pay any rent I stayed there with a friend of mine didn't cost me a dime. What's your friend's name jack o brian Is he still there now? Why well i want to wire him and verify this he's in the army now What do you figure the trip cost you just my bus fare nothing more a little spending money He paid for my meals too say in a hundred dollars I had 93 dollars when I left when'd you get back by the middle of december when'd you leave armistice? Armistice day Why'd you uh take a sudden trip on armistice day? Well, I uh, I just wanted to go leave town Why I I don't know mr. Tyler You don't remember the exact day you got back but But you remember the day you left mr. Tyler. I don't I don't go around robbing people. I just don't do it I didn't take that money from mr. Callum and store. I never didn't he harmed anybody mr. Tyler You believe me don't you? Yeah, you feel We went to court the next day Hale the district attorney's man got up and told the jury what he was going to prove and mr. Tyler got up and told him how None of it was true And after that he asked the judge to keep all of the witnesses out of the room except the one that had something to say The judge said that was all right And then the two cops who'd arrested me showed up and told about it And then mrs. Weaver came in and told how I hadn't been home And finally Hale called Callum and in spent 15 minutes or so having him say I was around the store the night It was robbed that I had a key and that I knew where the money was hidden Well, mr. Tyler listened to all of it And then he took his turn you testified mr. Callum and that they accused was in the vicinity of your store the night The money was taken. Yes, sir. And you saw him while you were out driving with your wife. Yes, sir Can you describe the clothing he was wearing at the time? He had on a sport coat Here are gray pants and a blue shirt Oh, what color was the sport coat mr. Callum? Tan was he wearing a hat No hat How close were you when you saw him? Well, I was driving in the outside lane and he was right on the street 20 feet away, I'd say how how fast was your car traveling at the time? We were at the stop street. Then you had a good look at it. Yes, sir. Well, how long a period of time? Maybe 10 seconds just just while we stopped With the court's permission, I'd like to ask the witness to step over in front of the jury Any objections from the prosecution? No objection your honor. All right, mr. Callum And right right there will be fine Now mr. Callum, will you look at the juror sitting directly in front of you? Yes, sir All right, mr. Callum turn around, please Now tell me mr. Callum What does that man look like? He's got gray hair. He's uh Wearing glasses. Can you tell me the color of his suit brown? I think it's tie No his shirt No This is the witness who by his own statement saw the accused for 10 seconds and positively identified him The same thing happened to Callum and his wife and the filling station man Was all over in less than an hour The jury went out and came back and said that I wasn't guilty And finally everybody had left and I was standing there with with him Well son How do you feel? Pretty good, mr. Talley I don't know how to thank you. Don't thank me son. Thank the law the protection What are you going to do now? Go back to school I guess Let me hear from you now and then glad to know how you're getting along I'll do that mr. Talley Well, you can you can go Phil Yeah So long So long Phil yes, mr. Talley Do you uh have anything you want to tell me? No, sir I sort of had the feeling that you were Wanted to say something Mr. Talley, I'll say it once more. I didn't rob callum and store. I know that You're innocent of that charge Oh What are you getting at? I just wondered if there's anything else you'd like to tell me, you know A man might do something in his life sometime that no one else will ever know about but him And he can go through life keeping it inside not telling anybody about it another man Might have an idea or suspect him, but it wouldn't be right to come out and say anything Unless he had some facts Now I have an idea of what the man was like Who killed my wife Might be wrong, but I think I know exactly what he was like, Phil Did you know my wife? Yes, sir Read about it in the papers that night on the bus No, sir Where'd you get the money to go to st. Louisville? Did you get it from my wife's handbag? I didn't I didn't mean to if I'd known she was your wife, sir. I I wish I hadn't killed her sir. I I Don't look at me like that. Mr. Tyler Please please sir. Don't look at me like that Suspense Presented by auto light tonight star mr. Frank lovejoy This is harlow wilcox speaking for auto light world's largest independent manufacturer of automotive electrical equipment Auto light is proud to serve the greatest names in the industry They are members of the auto light family as well as are the 98 000 auto light distributors and dealers in the united states And thousands more in canada and throughout the world Our family also includes the nearly 30 000 men and women in 28 great auto light plants from coast to coast And auto light plants in many foreign countries As well as the 18 000 people who have invested a portion of their savings in auto light Every auto light product is backed by constant research And precision built to the highest standards of quality and performance So remember from bumper to tail light. You're always right with auto light Next week a study in fear as we present graham greens novel of cowardice The man within our star mr. Herbert marshal That's next week on Suspense Suspense is produced and directed by elliot lewis with music composed by lucian morrowick and conducted by love luskin Public defender was written for suspense by e jack newman In tonight's story joseph kerns was heard as tyler Featured in the cast were paulowinslow larry thor lou krugman woodfield connor her butterfield and charles calbert You can buy auto light resistor or standard type spark plugs auto light electrical parts and auto light Day full batteries at your neighborhood auto light dealers switch to auto light. Good night This is the cbs radio network