 Case dismissed. When could we let Billy appear in public again? Could we ever, without fear, what kind of a life will we try to buy for him? For us, a frantic woman torn by the conflicting emotions of love and fear. Where can she turn for the truth? Is there a chance she cannot have her... Case dismissed. WMAQ 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 might be lost. Today our story begins in a Chicago concert hall, as proud parents hear the finale of a remarkable performance. Quite a sound we have there, Mary Ann. It wasn't really a wonderful day. Honestly, Phil, I've never heard in place of you, Will. Here he comes out to respond. Let's go backstage before the crowd starts leaving. All right, dear. Come on, this way. I know a shortcut. Sounds like school days. I'd rather to mention that I do feel like a schoolgirl. And you look like one too, dear. Well, thank you very much. Oh, I feel wonderful. I'm so proud of our little boy. No regrets, then? About letting Billy play his violin in public? Oh, no, dear. Not any more. Good. I've been hoping you'd say that one of these days. You've been awfully understanding, Phil. I guess I was pretty silly trying to keep Billy's marvelous talent a secret. A pre-blood indeed seen by the public. Nonsense, honey. I was just as apprehensive myself. I don't know. I guess it's because we've always heard about heart-breaking cases of adoption. Her parent comes back later on. Oh, no, Phil. Don't even talk about it. Don't spoil this marvelous evening. Okay. But you must convince yourself sometime, Marion, that those tragedies used to happen. But not anymore. Now we have laws to protect our home. I know, dear. Nothing has happened even though Billy's been in the public eye for more than a year now. You're telling me he's been in the public eye. You should see the size of that trust fund we set up from his earnings. Quite an estate for him after he finishes college and launches his career. That sounds so funny. Finishing college. He's just out of fifth grade. Don't let him hear you speak so lightly of his years, ma'am. I won't. Here's the dressing room, Phil. Who is it, please? Mr. and Mrs. Philip Wentworth Weaver. Dad, Mom! Billy, you were simply wonderful to hear. Billy, your mother and I are very proud of you. Gee, thanks, Dad. That's true, dear. I told your father I'd never heard you play quite as well as you did this evening. Good boy. Gee, I felt good. Especially after my stroke of Sally's pet talk just before the concert. It didn't even make me nervous when that funny lady came in here to see me. Just before the performance started. Funny lady? Sure. Didn't she go and see you? I told her right where you were seeing. Billy, we didn't meet anyone tonight. This lady, why do you say she was funny? I don't know, Dad. Just kind of, well, mysterious. That's a lot of questions about... Billy, what kind of questions? Oh, like, how I got started playing the violin. How long I've been playing is my folks for musicians. Where I was going to play next. How often I'd... Sounds like a newspaper woman to me, Marion. Yes, I suppose. You know, and some kind of personal stuff. Like what my folks are like and what you did for a living, Dad. Hmm, pretty nosy. Yeah, and how I like my father and mother. And if you ever had to thank me. And how far back I can remember. Phil, does that sound like a reporter? What gave you the idea she knew us? She did, the way she talked. You know what she reminded me of? No, dear. What did she remind you of? Of somebody who'd come back to see you. Somebody who hadn't seen you for years and years and years. Out of the mouths of days. And if I'd only known the truth then. But I only dimly suspected it. Phil was sure the woman was a curious newspaper columnist. Perhaps trying to dig up the sensational behind-the-scenes story. The next afternoon after school was out. Billy banged into the house. Hi, Mom. Well, what happened in school today, dear? Oh, you know the usual. Where's the peanut butter? I'll make you sandwich, honey. Well. Anything out of the ordinary? No. That's peanut butter and jelly. Oh, Billy, Billy. I meant at school today. Oh, well, no, Mom. Well, yeah, there was, too. At recess, we were out sliding on the ice in the playground. Uh-huh. Well, when all of a sudden somebody called me from the sidewalk. It was this lady. Was it Billy? Sure. This lady at the concert last night. Billy, what did she say to you? Oh, nothing much. Just that she'd seen me again at the concert tonight. I tried not to tremble. I didn't want to betray my fears to Billy. We never kept the truth of his adoption from him. When he became old enough to understand, Phil and I had explained that he was something special. But other parents had to accept the child they got. But we had chosen him out of them. He was proud of them. And out of it had grown a warm, secure and genuine love to match our own for him. But now, here was something shadowy that might be out of his past. Something to shield Billy from until it could be run to Earth. And I intended to run it to Earth that very night. As I sat in the dressing room with Billy. Please. It's fun having you back. You're in the dressing room with me tonight, Mom. Only I wish Dad could be here, too. If only his plane hadn't been delayed. He still might get home tonight, Phil. I hope so. I'm going to phone the airport after this intermission's over. I keep wondering if that funny woman's going to come here again. The way she said. The, uh, the newspaper woman? Uh-huh. You know what? No, what, Billy? I wish you wouldn't come at all. I don't want to be written up in a newspaper. I don't like her at all. Well, you don't have to talk to her, dear, if you don't want to. Who is it, please? Hello, Billy. I took my stuff. Oh, Mom. It's that lady I've been telling you. Mom. Mom, where are you going? Stay there, Billy. Don't leave the room. It's all right. I'll be right back. Well, okay, Mom. Louise Daniels. You're Billy's mother? Yes, I am. I'd have known you anywhere. Those pictures your husband Dan had. Nearly 10 years ago. But I'd never forget them. I, I haven't changed very much. We looked everywhere for you. Even advertised. We thought you were dead? Yes. I was nearly. Why are you here? I, well, I'm living here right now. I don't mean that. I mean here. I don't know. To cause trouble? No, no, Mrs. Weaver. Not that. Then why? Why? Well, I couldn't help it, Mrs. Weaver. I didn't know anything about Willie's whereabouts. Nothing at all, all those years. Then last January, I read about him. I was in San Francisco. I read in the chronicle about him making his first appearance in a big concert. I, I was so proud. I didn't mean to cause any trouble. Then I don't mean to let you. I didn't have anything bad in mind at all, Mrs. Weaver. I only wanted to see him and talk to him a little. I want you to stay out of our lives, Louise Daniels. I don't want you talking to Billy again. Ever. When are you going back to San Francisco? Well, as soon as I can afford it, Mrs. Weaver. I started a job here yesterday. I'll be leaving soon. All right, you'll check for $75. Will that take you to San Francisco? Why? Why, yes. All right. Leave tomorrow. I gave Louise Daniels a check and watched her disappear. I hoped forever. Child with fear, I took Billy home after the concert, put him to bed, and waited for Phil to arrive from the airport. I told him the whole story. He was terribly worried, too. But he did his best to calm me by explaining how well-protected we were. We went back ten years to the days when Phil's newspaper man friend Ben Daniels learned that he had but a few months to live. But why, Louise had left him, abandoned their infant son Billy. He had begged Phil and me to adopt the child, and we were just as eager. And so, after many steps and technicalities, the court approved and Billy became our son. Not a legal stone left unturned, Phil was telling me now. And I remembered the steady, careful methods of our lawyer, John Dwight, who had since passed away. All these memories brought me more confidence, but still I felt the need for an emergency measure. Phil, we're going to take Billy off the concert stage until we're positive that Louise is gone. At least six months, perhaps a year. It's necessary for good. I don't think we're protecting Billy by hiding him away there. Well, there's another reason, Phil. I don't want Billy earning money. You think she's after that sort of thing? I don't know. She might be. I couldn't tell. We'll simply have to wait and see. We waited. A week passed. Nothing happened. Billy, of course, was curious about why we were turning down appearances for him. We explained that we thought he needed a rest, and that seemed to satisfy him for the moment. Another week passed. I began to feel that Louise Daniels had kept her promise. It left Chicago and returned to San Francisco for good. And then on Friday afternoon, Billy raced into the house shouting, Mom, Mom, guess what? They're funny women. I just saw her across the street. By the time I reached the front window, she was just a vanishing figure. But I knew beyond a doubt it was Louise Daniels who turned to pray upon her. I knew it was only the beginning, so I waited. The next day was Saturday, and in the late afternoon... I'll get it, Mom. No, Billy, don't. Hello? Hello there, is this Billy? Yes, ma'am. Who is this, please? This is an old friend of yours, Billy. What's your name, ma'am? Let me take the phone. Okay, Mom. Who did I don't know? Hello? Who is this speaking, please? Hello? Who is this? Hello? The next week was a night time. First, there were the phone calls every evening at the same time. Hello? Hello? Who's there? Hello? It was hard to shoot, Billy. Our newspaper woman story was wearing thin, especially when he came home from school and said, Mom, that lady we don't like. She tried to talk to me at the playground today, but I ran away. She all began driving Billy to and from school, and I tried to be near the playground at recess time just in case. It was horrible. My head ached constantly. Bill neglected his business. We didn't know what to do because we didn't know what she wanted. All we could do was wait. Finally, it happened. Hello? Who is this? Who is this? Is this you, Louise Daniels? Talk to you and your husband. I'll come to your home tonight at eight. I'm not causing too much suspicion. Then at eight o'clock, she arrives. And after some cool formality, we began to understand the mission. No one bothered you and Billy. Once I'd seen my boy that night, I couldn't help you. You're a very strange woman, Mrs. Daniels. I'm a desperate woman. I haven't a penny to my name. I can't seem to work setting either. I'm not well. I'm sorry to hear that, Mrs. Daniels, but I don't see where we fit into the picture. Surely you can't expect us to tolerate it. It means you have everything you could possibly want. Money, health, a beautiful home, and to have my son. Please, must you drag Billy into this? I don't like you, Mrs. Weaver. But I can't stop thinking how Ben kept him from me. How he allowed the adoption without notifying me. He did it without my approval. Without your approval? But you left him a year before. Abandoned your baby. You must have hidden out. Well, that would be hard to prove, Mrs. Weaver. We searched everywhere. We advertised for you. How can you say things might have been a lot different from me now? He's very talented. He earns a lot of money. He doesn't have to work hard. It would have been so nice for the two of us. I wouldn't have to be almost begging. How can you talk like that, his own mother? Mrs. Daniels, I think the sooner we end this conversation, the better. What did you have in mind? In mind? You didn't come here for nothing. Well, I thought you might be able to help me a little. In what way? I thought I might go down to Florida. I have a sister in Miami. I could make a fresh start to get my health back. Of course, that all takes money. I see. Well, how much, Mrs. Daniels? Well, I hadn't thought too much about that. I think, well, I believe $1,000 would take care of me. $1,000. Mrs. Daniels, my wife and I will consider helping you out. Are we to assume that this would assure us you'll leave this area and, nevertheless, Billy or annoy our family again? It's not easy, Mr. Weaver. Wearing I'll never see the child that was taken away from me without my consent. Oh, how can you say that? But I'll do it. You have my promise. Very well, Mrs. Daniels. My wife and I will make our decision tonight and contact you tomorrow. Still and I talked far into the night. I was so nervous I could hardly speak at first, and I know Phil was wretched too. We felt almost as if we were bargaining for Billy. Yet what were the alternatives? Call the police? But can we prove it's blackmail? Go to another part of the country for a few months. Couldn't she follow us? And even if not, when we returned, wouldn't we always live like the hunted? Send Billy to a hideaway boys' school? And tear our family apart, Marion? We explored every possible way, except the obvious one which seems utterly out of the question that leads to me. Marion, we adopted Billy in a completely legal way. Why are we frightened by this woman? But do we know for sure? It was ten years ago. Louise Daniels was assumed missing, possibly dead. And our lawyer, John Dwight, said for nearly eight years now, how can we be sure this woman has no claim? Dear, if there's any doubt, all we have to do is hire another lawyer to check our court records and make sure we're safe. But Phil, that'll arouse intrigue. Make our problems public. You ought to run the risk of losing, Billy. Do you? You know the answer to that, dear. Phil, I know it's not the decent, honest thing to do. But, well, before we lose our own minds, perhaps our child... let's take the chance that Louise Daniels will stay in Florida and never come back again. You mean, give her the money? Yes, still. Let's give her the thousand dollars. The decision was made. The police came notice. Soon it was morning and that breakfast Phil told me he'd go to the bank and withdraw the thousand dollars in cash. Then he'd call Louise Daniels and arrange a meeting for that night. I wanted to stop him, tell him I changed my mind, but I couldn't find the word. And then Billy came home from his friend's house. Our decision seemed all right again. Hi, Mom. Can I have a donor? Of course you may. Help yourself, dear. Okay. I'm going upstairs and practice for a while. Robbie's mother wanted to know when I was going to play my violin at another concert. But I told her I didn't know for sure. Mom? Yes, dear? When do you think I can play in another concert? Well, dear, I don't know. I simply don't know. Just as quickly our decision to turn sour, when could we let Billy appear in public again? Could we ever, without fear, what kind of a life are we trying to buy for him? For us. And then I knew we were wrong that we had to find out the truth and face up to Louise Daniels to drive away this overhanging crowd. We had to do it with moral courage, not money. I started toward the phone to call Phil and stop him from withdrawing the money from the bank when... Hello? Marion, this is Phil. I've been to the bank. Phil, I was about to call you until you're not... I discovered something you ought to consider here. When I was going through our safety deposit box, I came across our adoption paper. Phil, did you find something wrong? No, quite the opposite, dear. I found our lawyer's letterhead. I completely forgot. It was Dwight and John Dwight had a partner, his son, and I checked and he's still practicing here in Chicago. Honey, we can't go through with that money over. I know that, Phil. I know it now. If you're frightened about reopening the case, we have our answer now. Surely John Dwight's lawyer son can go into the court record and tell us exactly where we stand without tipping our hands? Yes, and exactly where Louise Daniels stand. Meet me at the office as soon as you can, dear. We're going to see John Dwight's son immediately. I do remember you, of course. I was just greenhorn fresh out of law school when Dad handled your adoption case. I wish my memory had been sharper, Mr. Dwight. I'd have remembered your connection with your father's firm and contacted you long before this. Yes, we'd have saved ourselves many sleepless nights, Mr. Dwight. Well, that reminds me. I'd like to clear up a misapprehension for both of them. While I'm very happy you've called on me to investigate your adoption, you could have consulted any other lawyer without fear of publicizing your situation. Keeping a client's confidence is a lawyer's first concern at all times. We've let our emotions get the better of us, Mr. Dwight. Yes, I understand the court. And I think we'd better go about rebuilding your confidence immediately. A trip to the county courthouse should help a lot. Well, Mr. and Mrs. Weaver, I've investigated every procedure in your adoption case. The original petitions made by you and by Billy's natural father, Mr. Daniels, are on file in the court and are in perfect order. Notice of adoption was published in newspapers for the missing parent for the proper amount of time. You and your home were carefully investigated by the Welfare Department during the first six months Billy was in your custody. Then, since the court was thoroughly satisfied with the arrangement, the adoption decree, which we have right here, was made final. What does that mean? Your fears are absolutely groundless, Mrs. Weaver. No one can take Billy from you. This is such a relief. Mr. Dwight, you can't possibly know us. I'm sorry. There, there, Mary. It's going to be all right now, dear. Yes, it is, Mrs. Weaver. But we're not quite through. For your own peace of mind, you don't want to go on being subjected to further annoyance from Mrs. Daniels. But how can we stop her, Mr. Dwight? Several recourses open. But I recommend the direct approach. Can we arrange a conference with Louise Daniels? I think we find it difficult getting her to come here to your office, Mr. Dwight. But dear, she'll come to our home tonight if we call her, as we told her we would. Could you be there too, Mr. Dwight? Yes, I certainly can, Mrs. Weaver. The sooner, the better. My room all day waiting to hear from you, Mr. Weaver. When it got late, I began to wonder if you were going to call me at all. And then you did. Well, I'm real glad. Well, you didn't tell me there'd be anybody else here tonight. Mrs. Daniels, this is our lawyer, Mr. Dwight. How do you do? Lawyer? Say, what is this? What are you trying to do? Mrs. Daniels, we're not trying to force you to stay. But I strongly urge you to stay a moment for your own good. You will want to know where you stand. Well, all right. I'll stay for a minute. Won't you sit down, Mrs. N? No, thank you. Now, what did you want to tell me? Well, first a question, Mrs. Daniels. Why have you persisted in seeing and talking to Billy Weaver this past month? Well, there's no loss as a mother can't see her own son now and then, is there? Mrs. Daniels, do you have any idea you could ever recover custody of Billy? I think I've got a good case. I never gave my consent to this adoption, you know. Someday I might try. You're a privilege, of course. But to save you needless expense, take my word for it. Don't try. I assure you, the proof of your original abandonment of the child is complete and unimpeachable. Furthermore, at the time of the adoption, notification was published in newspapers and all other steps were made to locate and notify you. Later facts verified that, actually, you were in hiding at the time. Because you abandoned Billy, your consent to his adoption was not required. Are you beginning to see where you stand, Mrs. Daniels? Yes, on your say so. You're welcome to check it with any lawyer you wish. You'll find I'm speaking the truth, Mrs. Daniels. Yeah? Oh, you can't blame me for trying. And I think you should be advised of something else, too. These good people, the weavers, have been harassed and molested by you long enough, Mrs. Daniels. The law provides relief from this sort of persecution and rather severe penalties if it persists. Um... What are you planning to do now? I... Well, I've been in touch with my sister in Florida. She has work for me there. She could advance me the money to get there. I think that's what I'll do. Mrs. Daniels, I think you're being wise. Certainly, it's better to leave this scene completely and start fresh than to stay here and make everybody miserable. Well, if there's nothing more, I... That's all, isn't it, Mr. Dwight? Yes, Mr. Weaver. And I think I'd better leave now. I'll show you to the door. No, don't bother. I can find my way. Hello. Well, Mr. Dwight, your hunch was right the true legal facts convinced to. There's no doubt in my mind that we've seen the last of Louise Daniels. Yes, I haven't climbed to a degree. However, now that she's gone, I can tell you that there were several other ways of stopping her had she persisted. Most erects and effective might have been to go to the superior or circuit court of Cook County, where we'd have obtained a restraining order against Mrs. Daniels. If she'd defied an injunction, she'd have found herself in contempt of court and very likely in jail. Well, I'm glad she was sent there. Oh, um, one comment, Mrs. Weaver. Looking back, it was a mistake to give her that $75 stuff for training. You didn't have to. It accomplished nothing. And actually, it may have served to start Louise Daniels' whole course of action. Yes, I can see how wrong I was now, but what was there? Did you hear something, too? Yes, and I see something, too, at the head of the stairs. Hi, Dad. Hi. We're down there. All right, old Mr. Curiosity. You climb right back into bed and go to sleep. Okay, Mom. Only while I just heard that noise, and I wanted to make sure everything was all right in the house. Oh, yes, silly. Everything is all right in our house. Here to summarize today's case dismissed is your counselor, Dean John C. Fitzgerald, of the Loyola University Law School. Dean Fitzgerald. In matters involving adoption, where emotions are strong factors on both sides of the case, one finds a particularly vital area for practicing what we call preventive law. Unless every step of the adoption is based on firm legal ground, the future for natural and adoptive parents becomes hazardous, painful, and sometimes tragic. There is no shortcut to adoption. Had Marion and Phil in today's story fail to follow in good faith any of the well-established steps toward the sound and final decree of adoption, it is conceivable that they might have lost their son Billy to his natural mother. At best, it would have been a long and trying court battle. Recent Illinois legislation has added even more protection for adoptive parents. Only your lawyer can interpret these laws for you. Again, I remind you that the legal points in this 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. This difference in the facts may change the application of the law. If you are in need of legal counsel and do not know a lawyer and if your income exceeds the limit for the legal aid bureau, get in touch with the Chicago Bar Association. The Association maintains as a public service a lawyer reference plan which will refer you to an attorney. Next week WMAQ and the Chicago Bar Association will take you behind the scenes in a matter involving landlord and tenant on case dismissed. Until then, this is your counselor being John C. Fitzgerald wishing for each of you a good night, good luck and good law. Case dismissed. Or plain answers to some common questions about you and the law write to the Chicago Bar Association for your free booklet entitled Know Your Lawyer. Address your request to Chicago Bar Association 29 South LaSalle Street, Chicago 3, Illinois. Case dismissed is written by Robert Carmen and is based on information supplied by the Chicago Bar Association and its lawyer members. All characters are fictitious and a resemblance to any person living or dead is purely coincidental. This is the story of a man alone, Everett Clark, Bruce Lindgren and Charles Flynn. Case dismissed is produced by Betty Ross. Direction is by Herbert LaTolle. Musical effects were transcribed. Sound by Tom Evans. Engineering by Harold Woodaberry. This is Lee Bennett speaking and inviting you to return next Saturday at this same time when we'll bring you a story about the legal rights of landlords and tenants on case dismissed. This is the NBC Radio Network.