 Case dismissed! What a horrible mess, Kate! To see this poor guy lying there cold and the officer saying he's dead, and then to hear them pinning it on me and know that nobody, absolutely nobody, will stand up and say I had nothing to do with it. To be innocent, but without a witness, with no one to support your story. Today, a young man learns an important lesson but almost too late to have his. Case dismissed! WNAQ, in cooperation with the Chicago Bar Association, presents case dismissed. This is the story of your legal rights, how vital to preserve and protect them, how easily they may be lost. Our story begins as lawyer Robert Cason talks before his community civic club. Friends, I'm very happy your committee invited me to represent the legal profession in your series on morals in our modern society. It's a real privilege. But, believe me, it's quite an assignment. I've decided to narrow our sights tonight to the subject of our responsibility to our fellow man, as jurors and witnesses. Which brings me to mind the prospective juror who confided to the judge, your honor, I couldn't possibly serve as a juror. One look at that fellow convinces me he's guilty. Here, here, says the judge! That's the district attorney! I'd like to talk first about your duty to serve as a witness. I'll tell you a real life story. Only the name of my client has been changed to protect him from further embarrassment. It's just about this time a year ago. You're a young fellow named Larry Dexter. You're on your way up with the first class accounting firm. You've spent several days at home nursing a bad spring cold. Then you're back in good shape and all set to return to work. Unfortunately, that date has a big circle around it on your calendar. Yes, you're an avid sports fan. And this is the opening day of the baseball season. So where are you on this balmy April afternoon? At the office? Oh, no. Yes, you were yielded temptation. You go to the ball game. It's a good day for the home team. And finally, you leave the ballpark, mighty happy about the 1954 prospects. You walk several blocks to a residential section, or you normally park your car at ball games. It's away from the crush of fans and fenders. Just before you get there, you pause for a light to change. Finally, it tells you to walk. Out of the corner of your eye, you see some daredevil pedestrian start out across the other intersection, against the light. Now, there's a fool you tell yourself. You see him make a dash for it and... You lend a hand, of course, as much as you can. In a matter of moments, a crowd that didn't exist before has collected from everywhere. A doctor takes over with the injured man. A badly frightened young driver is trying to be helpful. About this time, somebody shows up with a camera and starts taking pictures he thinks may sell to an insurance company. That starts you thinking. Let's stay out of any photos. Aren't you supposed to be at home recuperating from that cold? What would the boss say? What are you doing near the ballpark, Larry? You better go along home now before you get involved. You've done all you can. You've done your duty. You tell your wife Kay about the foolish pedestrian crossing against the traffic light. Then you read about the accident in the next morning's newspaper. After that, it leaves your mind for several weeks until your wife reads you a notice from the Sunday personal column. At North Deacon Street in Elderberry Boulevard on Tuesday, April 20th at 5 p.m. please contact Attorney Charles Sabian immediately. Well, you'd better offer yourself as a witness, dear. Are you kidding? Why, no, why would I be kidding about that? Well, I guess you've forgotten I was supposed to be home in bed nursing a cold that day. The fine thing, if I show up as a witness and the boss finds out I was at the ballgame. Oh, but, darling, that's not the point. Look, here's a young man probably facing a trial and being falsely accused of running down another man. You can help him prove it's unjust that it wasn't his fault. Oh, so can a dozen others, Kay. Well, there weren't a lot of people around that corner, but there must have been plenty to prove his case. See, he doesn't need me. You're not going to be a witness? Of course not. Well, you're not really as unfeeling as you make out, of course. You do think about the possibilities. The driver does have a few psychological strikes against him, especially his youth. Were there really enough other witnesses around to prove his case? It startled you when the headlines leaped at you from your neighborhood paper. Sues for $25,000 damages. Wow, how about that, Kay? That car accident? Yeah, that crazy guy socking the poor kid driver with a big lawsuit. And he brought it all on himself. But didn't I tell you, dear, they need you as a witness? Well, I've been thinking about it, Kay. Maybe I was wrong about that traffic light. Now, Larry, you know very well that you came home and told me that it was red against the pedestrian before you even started running across the street. Sure, sure, sure, but what happens if one of those smart lawyers gets me all confused? You know how it goes? No, I don't, Larry. Look, if you tell the truth and nothing else but and just keep a cool head, how can they hurt your testimony? Well, look at it this way, honey. Say I could have been wrong. Wouldn't that be just as rough on the victim? And besides, he's the injured party here and he needs the money. Kid's probably got insurance, so it won't hurt him personally, even if he loses the case. Oh, now you're just making up silly excuses. You can't really believe what you're saying. Maybe not, but I can't see myself getting involved either. You'll win that case without me, don't worry. Larry, that accident case is coming up in court next Monday. Aren't you going to reconsider? Look, if it's Monday, it's absolutely out of the question. Even if I wanted to be a witness, the company is sending me to Omaha on Monday. The whole week you're in Omaha, you keep wondering how the case turned out. Let's face it, you have a guilty feeling in the fit of your stomach. You try to find some details in the local newspapers, but there's nothing. Then you're back home again and when you inquire, you try to sound casual. Oh, by the way, honey, did you happen to hear how that accident case came out? Yes. Well, what happened? The boy driver won his case. The other man didn't collect a cent. You see what I mean? See what? What I told you all along. Okay, I don't want to be an I told you so, but didn't I say he'd get off the hook without any help from me? He didn't need me as a witness, doesn't that prove it? Larry, I don't want to argue with you, but honestly, I don't think it proves the same. Well, friends, Larry Dexter's losing bout with his conscience doesn't point much of a morph. Yet. But there's a second chapter to the story. We've learned one thing, though. Larry may be a great sport when it comes to baseball, but he's a poor one in the game of life. A couple of months later, we pick him up as he leaves Wrigley Field after a bitter battle between the Cubs and the Milwaukee Cousins of Braves. This time, you make your way to your favorite parking spot without event. You drive a short distance, and then because it was a long double header, the pains of hunger strike you in a rather large way. You decide to stop at a familiar little bar and grill for a hamburger and coffee. The place is practically deserted. Two customers are sitting at the bar. The bartender is doing verbal battle with one of them. Just the same, mister. The less I see you around here, the better it's going to be. Look, it'll be a cold day when I take orders from an ordinary bartender. I happen to own this place, charm. I can keep you out of here. Yeah, maybe you'd like to try putting me out right now. Forget it, Frank. Can't we talk business before I have to head back for Milwaukee? It depends. A big still pair will shut up for a while. You better shut up yourself, mister. Step outside and let's settle this muscle. Oh, be quiet. Now, be quiet. Finally, you catch the bartender's eye, and he leaves his private scrap and comes over to your table to take your order. What seems to be the matter over there? Oh, just some smart character looking for trouble. What can I get you? A couple of hamburgers and coffee. Cream? Yeah. Okay, coming right up. The bartender owner turns out to be the chief cook, too. He disappears into the kitchen and you idly eavesdrop on the pair at the bar. Two very different types. I wish you'd have a drink, Harris. No, thanks. I've got to get back to Milwaukee. Anything wrong with my company? Well, I know. Not at all, only. Well, I just don't drink. Well, why the grand rush back to Milwaukee? Well, my wife and I, we've got a date with some friends. I should be back there by eight, at least. I sure wish you could give me some idea about that artwork before I leave, though. No, sure, Harris. I'm sorry, but you're out of luck on this contract. You're giving it to somebody else? We already gave it, my friend. Oh, but you gave me the impression... Look, I don't care what impression you got. The deal's set. Now, we'll be glad to see your stuff for the next campaign, but that won't be till August. Next August. Thanks a lot. Well... I have to leave so soon, pal. Be glad to buy you a drink. No, thanks. See you again one of these days. Yeah, fine, fine. Oh, and thanks for treating me to the ball game, Harris. Forget it. Well, goodbye. So long. So long, sucker. You can't help but get a few private notions about this lone character at the bar. Let you forget them as the combination bartender's chef brings your hamburgers and coffee. He goes back behind the bar and starts washing dishes. The customer has other ideas. So you're the guy who thinks you can put me out of here, huh? Oh, why don't you be nice and quiet, miss? Sir, I'm not looking for any trouble. What's the matter? Any yellow? Backing down, big stoop? Look, John the cop comes by almost any time now. You want me to call him in here and have you taken out? I thought you were the guy who could bounce me. What's the matter? Lose your nerve? Oh, now why don't you go somewhere else? You don't like it here, anyway. Sure I like it here, stupid. I'm getting another drink. No more. What? I said no more. Get your hands out of that dishwater and get me a drink right now. Now look, mister. Yeah, take my glass. Hey! Oh, cut my hand, will ya? I'm coming around here. What? What all that dish should mean? Nice shot, stupid. You just smashed your own front window. Yeah, well, now I'm going to smash you. Shut it back of that guy. I warned you. Shut it out, you guys. Stay away from here. Get him out of here. Hey, hey, get back, you guys. Shut up. Shut up. Wake this up. I told you to shut up. No, you don't. Put that egg straight out. Let me have that. Break it up. No, stop it. Well, hope you're satisfied. Bartender's out cold. Yeah. It really must have broke him. You mean you're really quite a troublemaker. What's the big idea of trying to crowd him with this big egg tray? Lucky I grabbed it, you'd have split his skull. He's kind of quiet, isn't he? Yeah, let's see. Yeah, awful quiet. I don't like this. I think his head struck the metal table leg when he went down. What? What do you think we'd better do? Get some water. Maybe that'll bring him around. Yeah, OK. Hey, not out in the kitchen. What's the matter with that guy? You get that water behind the bar? Holy smoke. This fella is really out like a light. What's going on in here? Who broke that front window? Oh, officer, forget the window. There's a man pretty seriously hurt here, I think. Some character hit him. The guy's out in the kitchen getting some water. I see. There's nobody out here. Oh, you're kidding, officer. No, but somebody is. Let's have a look at Barney. He sure isn't coming out of this very fast. No. Hmm. Well, mister, Barney's not going to come out of this one at all. What do you mean? Barney's dead. No. What were you doing with that ice tray? Me? What? Well, I took it away from this other guy. He was going to cross the bartender with it. So it's off your table, wasn't it? Sure. What were they doing fighting over near your table? It just happened. Where was this other man sitting? Right up there at the bar. He's been wrangling with a bartender for nearly half an hour. Where's his glass on the bar? I don't know. Oh, sure, sure. He threw it into the dish water. That's what made the bartender blow his top. Uh-huh. Well, where's this man now? I told you, officer. He went out to the kitchen. He must have run right out the back door. I don't know. Why'd you do it, mister? What? I? Officer, you're making a mistake. I was just sitting here eating a hamburger and minding my own business when this row broke loose, practically on top of me. Okay. All I know is I walk in, I see a man holding a big ice tray, bending over a dead man with a well on his head. There's nobody else in the place. But there was. I don't know where you're going to get him, mister. But if I were you, I'd start collecting my witnesses. How that word would haunt you for the coming days. The next 24 hours are a nightmare enough. You're taken to the police station and booked for a manslaughter. At this point, your wife calls me to be your counsel. You appear in municipal court where bail is set at $20,000. This, your company raises for you. Your case is presented to the grand jury. You're innocent, yet you have no witnesses. The grand jury brings in an indictment for manslaughter. Next, you are arraigned before the chief justice of criminal court. The people of the state of Illinois versus Lawrence Dexter. Lawrence Dexter? Yes, sir. An indictment, 541297, your charge with a crime of manslaughter. Your honor, on behalf of Lawrence Dexter, we will waive the reading of the indictment and enter a plea of not guilty to the charge. Court sets the date of the trial of the defendant, Lawrence Dexter, for Thursday, June 18, 7 o'clock. What a mess. What a horrible mess, Kay, to see this poor guy lying there cold and the officer saying he's dead and then to hear them pinning it on me and know that nobody, absolutely nobody, will stand up and say I had nothing to do with it. Oh, don't torture yourself, darling. Oh, I know how terrible you must feel, but things have happened so fast. Oh, they can't do anything to an innocent man, dear. You'll just have to wait till the truth comes out. But will it? Right now, I couldn't look more guilty if I'd been framed. Unless that man who struck the bartender gives himself up, I think I'm a gone goose. And you know what manslaughter means? Up to 14 years, Kay. Oh, darling, stop it. Stop thinking that. You go home now and get some sleep. Tomorrow morning, you have an appointment with our lawyer. I know Mr. Jason can clear you. Larry Dexter's wife, Kay, had more faith in my legal talents than I did right at that moment, I'm afraid. And even after her husband and I went over the whole story that following morning. And that brings us up to right now, Mr. Jason. Well, I won't mislead you, Larry. We face grave difficulties with either one of our possible courses of action. Clearing you or bringing in the guilty man. Well, that last possibility seems pretty remote, considering I never saw the man before yesterday. I don't know his name, and I have no idea where he lives. You're sure the name didn't slip out in the argument? No, sir. Wait a minute, not in the argument, but when he was talking with this fellow who had taken him to the ball game, I think I heard the other fellow call him Frank, just once. Frank? Yes. And I kind of gathered he was in advertising, the way they talked about buying artwork and campaigns and so forth. An advertising man named Frank. Not very helpful when you stop to figure how many advertising Franks there probably are among Chicago's three and a half million. No, that's true. Perhaps we're out of luck there. I am impressed by the possibility of finding an artist named Harris among Milwaukee's 600,000. Sure enough, the witness. He left before the fight, but at least he could vouch for the fact that this other man was present. Yes, and even more important. He could identify this man and establish that he'd been calling with the bartender, thereby setting up a background for Mansler. Well, I'm sure he called this Milwaukee man Harris several times, and I gathered this Harris either was an artist or represented an art production studio, some sort. The chances are strong that our unknown Milwaukee man won't realize he's a witness in this criminal case, since he had no knowledge of the fight and he wouldn't be likely to read about it in his newspaper. Knowing the man who fled as a business contact, he may not wish to testify and be responsible for putting the man in hot water. We could subpoena him, of course, if we find him. But lawyer subpoena reluctant witnesses only as a last resort. Out of anger, they may prove to be antagonistic and do the case more harm than good. But in this case, he's the only witness I've got. So we must find him. And, if necessary, take the chance of legally forcing to testify. Of course, the fact that he lives in another state is one more problem. Getting him to testify here in Illinois can be mighty difficult. It sounds as if we have our trouble cut out for us even if we find him. And that's headache enough in itself, I fear, Larry. It may not be too easy tracking down this artistic Mr. Harris within the confines of our large Wisconsin neighbor. It isn't easy. I go to Milwaukee the following day. I check the classified phone book and telephone all the commercial art studios. I even find three or four Harris's. I go and talk with each of them, but none qualifies as our missing witness. I return to my telephone and start all over again. The Milwaukee Advertising Club. Any members named Harris, artist? Oh, yes, I've already talked to him. Any others? I see. Well, thank you very much. Calls to the advertising agencies. The newspaper art departments. The artist clubs and organizations. The art schools and departments. Finally, I run out of ideas. Except the big idea. The real telephone marathon. Calling all the Harris's in the Milwaukee telephone book. All the names from A to Z. Then finally it's all over. And our witness is still missing. Meanwhile, you and your wife are badly frightened of the date for your trial looms closer. I just phoned the police again, honey. Nothing new? Nothing. They sound like I'm kidding when I ask if the man's turned himself in. Oh, maybe you're just imagining that, dear. I'm not imagining the day of my trial. You know, I'm beginning to believe in retribution, all right. Retribution? Well, somebody else could have used an extra witness not so long ago, and I let him down. Now I need just one. Oh, don't think of it that way, darling. You didn't mean any harm. What's that about pay him in his own coin? My coins are sure coming back to me. If I ever get another chance, I'll get it. Larry Dexter. This is Robert Jason, Larry. Oh, have you found him? No, I'm sorry to say I haven't. Oh, the way things are going up in Milwaukee, I may have to ask for a continuance on the trial date. Can you do that? Oh, yes, but we can't delay forever. I received no response from either newspaper advertisement so far. But I've gotten excellent help from both newspapers. In fact, they're going to run human interest news stories telling the background of your case and the urgent need for the witness. Say, that's terrific cooperation. It could be the answer to our problem. If the witness is willing to appear. If not. Well, let's not consider that right now. What I want you to think about is whether the name you heard might be something similar to Harris, but not exactly. Now, do you recall anything different about the pronunciation? No, I'm pretty sure he pronounced it just plain Harris. You know, like Harris Tweed. Ability. What's that, Mr. Jason? That Harris is his first name. Brother. But you can't call everybody in Milwaukee with the first name of Harris. No, but I can cover. Just keep your fingers crossed, Larry. I'll call you tomorrow or tonight if something breaks. Robert Jason speaking. Yes, sir. Mr. Jason, I read in today's paper about that killing down in Chicago. I want to talk to you about it. I think I can shed some light on the situation. I'll be up there on the next train. What's your name, sir? Chandler. Chandler? Yes, sir. Harris. The whole story, Mr. Jason. The fellow I was with, the one who was quarreling with the bartender, his name is Frank Hudson. The other man who came in and sat down at the table, well, I can't say what happened after I left, but, well, up until then, this other fellow wasn't causing any trouble at all. He was just sitting there eating a hamburger. Would you be willing to come to Chicago and appear as a witness for my client? Gee, that would probably get me into the newspapers, wouldn't it? Yes, I'm afraid it would, Mr. Chandler. That's too bad. How's it going to look for me? The papers won't mention what I was doing in that tavern. Actually, I was just trying to sell Mr. Hudson some commercial artwork. I don't drink myself. Well, sir, I can't honestly say that it won't cause you some embarrassment, Mr. Chandler, but you can see our side of it. A man's freedom is at stake. That's right. I'm sorry. I guess it's natural to think first of yourself. No one blames you. Of course I'll be a witness. Do you want me to come down to Chicago tonight? And so the scales of justice returned to normal balance for you. Because an honest man puts your welfare ahead of his own convenience. Inwardly, it makes you squirm, Larry Dexter, because you've dodged your own responsibility to a fellow man with so much less personal convenience at stake. Yes, Harris Chandler's testimony brings the arrest of Frank Hudson and his ultimate confession of his part in the bartender's death. Court has been advised that since there has been a confession on the part of another party, the state in the case of Lawrence Dexter has moved to dismiss the indictment. Case dismissed. Larry! Yes, thanks to a swell guy named Harris Chandler. And a persevering lawyer named Robert Jason. That's for sure. How does Frank Hudson stand in this picture now, Mr. Jason? In pretty serious circumstances, Larry. He'll soon face trial for manslaughter. Makes me shiver to think how easily that might have been yours truly. Don't think about it, dear. Just think how wonderful it is to be completely out of the case. Correction, not completely out, honey. This boy is going to learn to be a witness. Here to summarize today's case dismissed is your counselor, Dean John C. Fitzgerald of the Loyola University Law School. Dean Fitzgerald. The duty to act as a witness and to serve on a jury is not a duty merely to one's government but also to one's fellow man. In tonight's story, Larry decks to learn that lesson the hard way. Unfortunately, there is a widespread tendency to shirk these two civic responsibilities. Those who dodge jury service or avoid appearance as a witness usually do so in the belief that they cannot spare the time and that someone else can do the job just as well. It is your duty to act as a witness for your own sake as a citizen, for the sake of your fellow man, and for the sake of your government. There are very few civic functions that you are called upon to do in an official or seemingly official way. This is one of them. It's not only an obligation, but it's an interesting and educational experience. The help to your fellow man is beyond description as Larry decks to learned, but probably the most important aspect of your service is the strength you give to a bulwark of one of our cherished institutions, our courts. In times such as these, when much of the rest of the world offers concrete examples of the horrors perpetrated on people by mock trials, we must be vigilant to see that our system is strengthened and kept vital. The faithful discharge of our duty to act as a juror or witness to keep our courts strong and prevent injustice to anyone is a very small price to pay for the benefits of our constitutional system. As always, I must remind you that the legal points in tonight's story are based on Illinois law and may not apply in your state. May I point out too that the facts in your situation will probably differ from the facts presented in this story, since in the facts may change the application of the law. Next week, WMAQ and the Chicago Bar Association will consider some of your legal rights in operating a small business on Cate's dismiss. Until then, this is your counselor, Dean John C. Fitzgerald, wishing for each of you a good night, good luck and good law. Case dismissed. If you are in need of legal counsel and do not have a lawyer, please do with the Chicago Bar Association. The association maintains, as a public service, a lawyer reference plan which will refer you to an attorney. Case dismissed is written by Robert Kerman and is based on information supplied by the Chicago Bar Association and its lawyer members. All characters were fictitious. Any resemblance to any person living or dead is purely coincidental. Members of the cast were Burl Bonn, Carlton Caddell, Marshall Kent, Jack Lester, Claire Baum and Gil Ferguson. Case dismissed is produced by Betty Ross, direction by Herbert Leto. Musical effects were transcribed down by Tom Evans, engineering by Harold Witteberry. This is Lee Bennett speaking, inviting you to return next Saturday at this same time when we'll bring you a story about some legal rights involved in small business problems on Case Dismiss. This is the NBC Radio News.