Philo Vance: High Hat Murder Case 03/29/1949

0:00Welcome to Choice Classic Radio, where we bring to the greatest old-time radio shows. Like us on Facebook, subscribe to us on YouTube, and thank you for donating at choiceclassicradio.com. The radio is on the right side of the radio. Yes, Mr. Vance. Miss Williams is measuring there. No, I'm sorry, Mr. Vance. She's not threatening Arton Du for you. Yes, please come in my private office, Miss Williams. Yes, sir.

1:01Yes, Mr. Vance. I want you to take some notes on the white Willow murder case, Miss Williams. Make a copy for me and send a copy to Mr. Markham, please. I always send a copy to the district attorney, Mr. Vance. Good. Oh, before I begin, there'll be a Miss Sarah Payton and a see me in a few minutes. Yes. She telephone for an appointment. When she arrives, ask her to come right in. Will you please... She's out in the outer office now, Mr. Vance. She said her appointment wasn't until noon, so she preferred to wait. She said... Well, ask her to come in now. Will you please, Miss Williams? The notes can wait. Certainly, Mr. Vance. Miss Secondant. Miss Payton, would you come in, please? Oh, thank you very much. How did you do, Mr. Vance? I'm Sarah Payton. Oh, hello, Miss Payton. Please sit down. All right, Miss Williams, please. Yes, Miss Vance. Now, Miss Payton, what can I do for you? For one thing, Mr. Vance, you can look at me. Oh? Did you... Did you ever see a more ordinary looking woman in your life? I beg your pardon? Well, I'm sensible about it, Mr. Vance. I should be.

2:01After all, I'm not a child. I'm 34 now. I don't see how. How that affects your or how it can be important? Well, it is. Believe me, it is. I've got to tell you some facts first. Please listen. Of course. Well, when I was a child, I was just a child. I wasn't as pretty as little girls generally are. I was just a child, very plain child. I went to dancing school. But the boys had to be either bribed or threatened to dance with me. Go on, please. Well, it was the same in school. I went to proms, sure, and dances, and I tried to be friendly. But the other girls were always more attractive. The boys always wanted to be with them. They never wanted to be with me. I went through my life like that, Mr. Vance. Being just one of the people, everybody sees every day that... Nobody pays any attention to. Are you sure you wanted to see me, Miss Payton? I'm a private investigator. I know, Mr. Vance. And I'm quite sure I want to see you.

3:04About a year and a half ago, I inherited quite a bit of money. Now, I believe I'm going to be murdered. Murdered, eh? You're all the calm about that, Miss Payton. If I am, it's because it doesn't matter greatly to me, Mr. Vance. You see, during the past year, I've had all the happiness anyone could possibly ask for. What happens to me now? Isn't terribly important. Well, that sounds like you've come to me to see that I do not prevent your murder. Well, that's partly correct. I want to pay you, Mr. Vance, not to investigate my murder if I'm killed. I see. In other words, you don't want your murderer caught by me if he succeeds in eluding the police. That's it exactly. He's clever, but your clever tool is to Vance. And I don't want him caught. Miss Payton, this is the strangest proposition ever made to me. I'm sorry, I have to turn it down. I was afraid you would, but there's no harm in trying. Who was it you think will murder you? Oh, no, Mr. Vance. After all, you wouldn't help me. Why should I help you?

4:20Samuel, sit still just a minute. I want to see if this sweater I'm making will fit you. Seems to be the right width across the shoulders. Must you do that now, Matilda? Well, I do, if I ever expect to finish the sweater. I think maybe I ought to give it an extra inch or so with my shrink. Give it two extra inches, but leave me alone. Well, I'm sorry, Samuel. I didn't mean to annoy you. Oh, it isn't you. It's that sister of mine, Sarah. What am I going to do about her? Nothing. Why should you do anything about her? She's living her life the way she wants it. She's old enough to know what she's doing. I can't sit by and let her throw herself away on that... that chigalow. How a girl can let herself be talked into... I can't understand it. I just can't understand it. That's because you're a man. I'm man enough to do something about that situation. I'll tell you that. I bet she's even left him all of her money.

5:20Wouldn't surprise me any if she changed her will and left everything to him. Not everything, Samuel. You know she'll leave you something. I know. I don't know anything. She inherited a lot of money. She'll leave him the money you wait and see. Seems to me that something ought to be done about him, Samuel. Don't you think? No, I don't. I think something ought to be done about my sister. Oh, say it again, Joe. Just once more. I love you, Sarah Darling, you're the son and the stars. You're everything. You're lying, but it sounds so good. It sounds so wonderful. You didn't mind buying you that easy chair. I was hoping you'd like it. Mind. I never mind anything you do, Sarah Darling. You know something? I've never been so happy in my life as I've been this last year. You just made it perfect for me. I don't care what happens after this.

6:24I'm glad. You got a right to be. I guess I should be too sensible to believe that a man like you would fall in love with me. But I don't want to be sensible. Can you understand that? I understand only you, Darling. Yes, I believe you do. Well, Sarah, let me finish. I've been sensible all my life and all my life has been dull, miserable. The one time I forgot to be sensible, I remembered to be happy. That's when you came into my life, Joe. You've been wonderful for me. Sarah Darling, I'm delighted. What else can I say? Nothing. There's nothing I want you to say. I have to run now. Please, please, please love me a little while longer. Forever, Darling. I'll see you to the door. Tonight? Dinner in the theatre.

7:26Seven o'clock, Joe. At my apartment. Of course. Goodbye, Darling. Goodbye. Oh, brother. Are you kidding? Very pretty, Seen, Joe. You're getting to be quiet on actor. Oh, shut up. Please, please, please, Joe. Love me a little while longer. Oh, nuts. That's supposed to be a smart, Dame. I'm glad I'm stupid. Well, you're shut up, Diane. It's tough enough making love to that girl without being reminded of it when she's not around. I don't know if you minded as much as you say. What? I said I don't know if you minded as much as you say. Look, you know I've got to make love too. You know what kind of money we're playing for. Oh, you do it too good, Joe. You do it like a minute. Maybe you want all that dough and you want her too. And what happens to me if that happens? It's not gonna happen. It better not. I don't have to remind you that we're a team, you and I. Do I, Joe? Look, will you shut up? Yeah, when I'm finished. Joe, you and I are a hundred buck dance team. We never were anything else. We'll never be anything more. It was me that spotted this gal. Me that planned.

8:28Sure it was you. So why great. Why does it look like you're doing some planning of your own? Well, don't do it, Joe. Your mind ain't used to working. It could be unhealthy if you started using it this late in life. Remember what I say, Joe. It could be very unhealthy. Bands. Oh, Bands. In here, Markham. My private office. Come on in. I'm on the way. How are you, Bands? Very well, thank you, Markham. And very surprised that you're a visit. Don't give me that, Bands. Nothing surprises you ever. Won't you sit down my complimentary friend? Your complimentary friend happens to be a very busy district attorney at the moment. There's been a murder, Bands. A woman named Sarah Payton. Sarah Payton, eh? Well, that was to be expected. You mean you knew she was going to be murdered? No, but she did. She was in to see me to pay me not to look for her murderer.

9:28What? I won't explain it now, Markham, but that's what happened. Tell me the details. All right, I'll give them to you as far as we know them. She was found dead in her one-room apartment, shot to death. Her body was in one corner, and a man's top hat was on the studio bed in another corner of the room. Really? Yes. Sergeant Heath is checking it now. Heath's done quite a bit of investigating and found out some very important information. Such as the fact that there was a jiggle-oh mixed up with Miss Payton? Well, yes, but Bands. How did I know she practically told me, Markham? No mystery about it, believe me. Tell me what else Heath found out. Well, this jiggle-oh, his name is Joel, is a professional dancer part of the team of Joseph and Deanne. Small time, as I understand it, Miss Payton's brother gave us that information. Her brother? Who's he? Over legitimate Bands, woolen business, quite substantial, married, has been for 15 years. He told us about this, Joel. Yes, so you said. And there was a top hat on the bed in the murdered woman's apartment, eh, Markham? Yes, we reason that the murderer was somebody Miss Payton knew. He came in, they quarreled, and he shot her.

10:28Then, believing the noise of the gun would attract neighbors, he fled, forgetting his high hat. Very possible, of course, Markham. Er, what are you looking for, Vince? My hat, Markham. Just because your murderer forgot his is no reason why I should go out investigating him without mine. Give me a little help on these lifts, Deanne. Jump when I lift you. Jump? All I gotta do is jump. Joe, I'm so jumpy now, I don't know what I'm doing. Let's stop rehearsing. I can't keep my mind at what I'm doing. Okay, that suits me. Mike, that's off for now. Okay. What's the use of rehearsing this dance act anyhow? A couple of weeks we'll have all the dough we need now that your girlfriend got knocked off. Maybe you got something there. I'm not going to do it. I don't know what we need now that your girlfriend got knocked off. Maybe you got something there. How did you know about it getting killed if I got to ask you? I read it in the papers. It wasn't in the papers. How did you know about it? I heard it in the radio. It wasn't on the radio.

11:28Look, you want to stop this clowning and talk like you and me are supposed to talk? We're partners, remember? Sure, I remember, only there are some things you... How do you do? I'm Phil O'Vance, may I come in? Who's stopping you? Thank you. You're Joseph and Diane, I imagine. I wanted to talk to both of you about the death of Miss Sarah Payton. What about it, Vance? You knew she was murdered. Sure, I knew what he told me about. I told you. You knew it. You said you read it in the papers. Don't give me that shit. Excuse me, but it doesn't really matter what either of you said. How did you know about Miss Payton, Joe? I had a date with her last night. When I got to her joint, I found she had been knocked off, so I screamed. And you, Miss Diane? I was following Joe. I didn't trust him. I gathered bad. If you didn't precede him, I don't imagine the police will be too interested in you. Of course, there's a little matter of proving whether you were there before or after your friend here, but that will be taken care of later. It's okay with me. They, um, find the will yet? Yes, as a matter of fact, they did. I went to Miss Payton's apartment with the District Attorney and we found the will together.

12:29You and Heret quite a lot of money, Joe. No, Kidden. Isn't that nice? You don't seem very excited about it. I expected it. Anything else you want with its vans were rehearsing our act. I think you've already done quite a good act where I'm concerned, Joe. Yes, I knew I'd find you here. Hello, Markham. May I present the dance team of Joseph and Diane. The District Attorney, Mr. FX Markham. Hello. How do you do? Vans, I'm glad you're right here on the ground floor for the finish of this case. The finish? So soon? We think so. Remember the high hat we found on the bed in the murdered woman's apartment? Yes, of course. Well, Sergeant Heath has succeeded in tracing it. It belongs to Joseph here. What? Joseph, I'm arresting you for murder. What is this? It's a frame. I didn't leave my hat in that damn apartment. I'm now, Joe. We know you were friendly with the woman. We know you inherited from her. We've got quite a case against you, Joe. Have you, Markham? I doubt it. Vans, who's side of you on? Yours, of course, but I'd rather you didn't make any mistakes, Markham. It is quite possible, of course, that you did find Joe's hat in Miss Payton's apartment.

13:30Of course, we found it there on the bed. I repeat, it's quite possible that you found it there, but I can tell you quite definitely that he didn't leave it there. This is District Attorney Markham. The high hat murder case got its name from a hat that led us to Joe, a dancer. The topper was found on the bed in the apartment of murdered Sarah Pater, a woman who had tried to pay follow Vans at one time, not to investigate her murder. Vans has asked me to release Joe and his partner Diane, but will not clarify his remark that Joe did not leave his hat in Miss Payton's apartment. We are watching Joe's rooms, and one of my men just phoned and said that Samuel Pater, the murdered woman's brother, has just gone in to visit the dancer. He should be there.

14:30Stand up, your dirty rat. Stand up and take what's coming to you. Relax, will your Payton a cop slip me off? They know I had nothing to do with killing your sister? I know better. Maybe they can't prove anything on you, but I'm not going to try. I'm going to beat it out of you. You'll admit it when I'm through it. Don't be silly, Payton, you're out of your class. You think so? But what do you think now? All right, so he's not to pull around, payton somebody's life, look at her. Sure you. Maybe that first smacked it into the trick, but I'll be saving you. Daylight, cut it off. Quit it, you talk dope. I will see. I need to do this, but... Hello, Markham, this is Joe. The dancer, you know. Yes, I know, what is it? That dead Dame's brother, Sam Payton, just came up to visit me. I know that too. We've got men watching your apartment.

15:31You have? Then you better have one of them come up and cut this bird away. I had to knock some sense into his head. But that ain't all. No, what is all? As he fell on the floor, something dropped out of his back pocket, Markham. A gun, pal. What? Maybe you better get somebody up here right away, huh? Are you ready, Smith? Yeah. Well, this is advance. We're going to shoot a bullet out of the gun we took from Samuel Payton into that cotton bail. And if it matches the bullet we found in his sister, we're no plenty. Yes, I suppose you will. Well, let's get on with this, Markham. Right. Let it go, Smith. Right. That bullet's in the bail of cotton, Smith, shot at, man. Let's get it out. I'll take the gun, Smith. See what's made fine, Markham. I'd like a look at it too. Of course. The bullet will be embedded in the cotton bail, but it can be removed easily. We use cotton, because it won't destroy any markings on the bullet. Some day I'd like to be able to tell you something you don't know, Vance.

16:32Markham, there are a lot of things that fall into that category, believe me. I'll get that bullet out with this pocket knife of mine. And there we are. Ugby thing, isn't it? It could be very beautiful if it matches the bullet that killed Sarah Payton, Vance. I mean, it would solve this case beautifully. I hope you're right, my friend. Where's the microscope, Markham? In the next room, it's all set up with the bullet from his patent already under the microscope. It won't take a second then to find out whether we have the murder gun. And the murderer? Yes, I know. Through here, Vance. Right, you are? Markham, let me smell that gun that Smith just fired, will you? Of course, here it is. There'll be a strong odor of cordite, you know. There should be. And there is. There's also a suspicion of another odor. Really? Well, metal can have its own peculiar smell, I suppose. I've put this bullet under the microscope, Vance. Want to take a look? I most certainly do.

17:35What are you mean about, my friend? The bullet markings match, Markham. Murder bullet was undoubtedly fired from the same gun Joe reports having taken, from Mr. Samuel Payton. Vance, when you have that look of concentration on your face, you're thinking so perhaps I'd better not interrupt. But I would like to know what it is you're thinking about. To be honest, it's about this visit we're making to Mr. Samuel Payton and his wife. I could have sent Heath to arrest Payton. After all, the murder gun did drop out of his pocket after Joe had clipped out. That's Joe's story, Markham. Did you ever think that that might be an excellent way of getting rid of the murder gun? Joe may have had the gun all the time and merely told you it had fallen out of Payton's pocket. If I ask that is possible, isn't it? It's very likely, I'd say. Well, we'll find out very shortly. This is the Payton home. Coming, Vance? Definitely.

18:35I've Joe planted the murder gun so that it would seem Payton had advance. How does that tie up with your theory that he didn't leave his top hat on the murdered woman's bed? It doesn't. But about the hat and the bed, Markham. Joe's in show business. Show people have a superstition about hats on beds. They'd no more think of leaving their hat on a bed than they'd think of jumping out of a window. Oh, I see. Of course it is possible that Joe knew we'd think the hat was a plant if it were found on a bed, so he put it there purposely to clear himself. But that's unlikely. Vance, nothing is on the list. Mr. Payton, this is Philo Vance and I am District Attorney Markham. Oh, yes, I have been expecting you to come in. I'm afraid we're going to have to ask you to come with us, Mr. Payton. I've been expecting that, too. You knew we'd check the gun Joe took from you and find that it had fired the bullet that killed your sister? I thought so, my head. We're pretty thorough, Mr. Payton. However, to be perfectly fair about this, I'd like to know one thing. Yes? Did you bring that gun to Joe's room?

19:36Yes, I did. The gun's mine. I'm your man, Mr. Markham. I murdered my sister. Keep playing, Mike. We're paying you by the hour. Joe, show up sometime, brother. You know, it's a funny thing. What's about time you showed up your big clown? How long? Oh. Mr. Vance. Hello, Diane. Isn't Joe here? No, you want him? Not particularly. There were some things I wanted to ask him, but they weren't terribly important. No, I don't imagine they were. You got a confession from Mr. Payton. That's a good work, Ben. Well, thank you. That is, if Mr. Payton is the murderer, which I doubt, I think I'll wait for Joe. It's okay with me.

20:36Piano ball to you? Not at all. Very rhythmic, I'd say. You dance? Not very well. Want me to teach you? Come on, come here, it's easy. Put your right arm around me. That's good. No, you just think where you want me to follow? I'll follow. See? Easy, isn't it? Why? Why is it? Well, what perfume is that you're wearing, Diane? It's called for this. Like it? Very much. Always use it. All the time. Why? Why? Because if that's true, it practically absorbs you from the murder of Sarah Payton. You want to see Mr. Payton Vance? Why, he's confessed. Yes, I know. It sort of throws out your theory that Joe planted the gun, doesn't it? That, it definitely does, Markham.

21:37I still want to talk to him, though. This cell is right down the line. Incidentally, in his confession, he gave the motive. He knew his sister had left him some money at her will and he wanted it immediately. Simple motive, isn't it, Markham? This whole case is a lie. I'm not sure if it's true. Simple motive, isn't it, Markham? This whole case is terribly simple. At the moment, I don't know why I bother you with it. Well, it was no bother. But it isn't solved yet, my friend. Hold Vance, please, not that. We don't often get a murderer to confess with so little trouble. You got a confession, all right, Markham? But was it from the murderer? This the cell? Uh, the next one. Oh, I think Mrs. Payton is with him now. That bother you, any? Not at all. Hello, Payton. Hello, Vance. Markham. I've got the keys. I'll open the cell door. All right. This is my wife. Mr. Bans, Mr. Markham, Mrs. Payton. How do you do? Mr. Bans, is there anything you can do for my husband?

22:37He isn't a murderer. I've been trying to tell that to the district attorney, Mrs. Payton. Oh, you have? Then there's hope for him? I think so. Why should that be hope for me? I killed my sister, I admit it. Oh, okay. I know I'm sorry, Matilda, but there isn't anything. Here, take my handkerchief. I have one of my own in my bag. Delicate perfume, your wife, uses Mr. Payton. What's the difference whether it's delicate or not? What are you two on here? Has she always used it, Mr. Payton? Yes, yes, always. She hasn't made out, she likes it. Now leave her alone. I'm sorry, but we can't. You see, I'm very certain that despite your confession, it was your wife who killed your sister. Oh, killed your sister.

23:38Bands, I've got to know one thing. Only one mark them? One thing at a time, let's make that. Now you told me that Sarah Payton came to you and asked you not to look for a murderer in the event that she was killed. Why would she do that? Because she suspected the Joe would kill her eventually, Markham. And she didn't want him caught. I don't understand that. In order to understand that, you'd have to understand the woman. She was a plain woman. She wasn't ugly, just nondescript. Everything about her was plain the way she looked, the way she dressed her hair, everything. But that idea of how you're not catching her murderer was decidedly not plain, Vance. No, it was. You see, Markham even Mr. Payton's mind was just run of the mill. She wasn't clever and she wasn't stupid. All her life, she'd either been ignored or disregarded by men. Please go on. Then she inherited a lot of money. Even that meant nothing to her. She didn't know what to do with it. Vance was simple. Money wasn't important. You may not believe it, Markham, but it's hard to cultivate expensive habits when you're not used to them. I believe it, all right? But I also believe we're getting away from why she didn't want her murder or caught. Well, she believed that her jiggle, though, our friend Joe would kill her eventually. He came on the scene soon after she inherited all that money and he gave her what she told me was the only happiness she'd ever had in her life.

24:41She was content to pay for that happiness with her life. It was all right with her if he killed her? Yes, and she didn't want him caught after he killed her. She was quite willing that he'd get away with her murder. He could have killed her for the money she left him, of course, but why didn't she just give him the money? That would have saved her life. It wouldn't have been very much of a life, Markham. If she'd given him the money, she'd never have seen him again and she knew it. Oh, that makes sense now. Women of funny creatures, Vance? There's an epic remark, my friend, that must have been made centuries ago. Man's a funny creature, too. Take Samuel Payton. He was willing to go to the chair for a murder his wife committed. How did he know she had killed his sister? The gun. She used his gun. But she carried it to Sarah Payton's apartment and her handbag. And anything a woman carries in her handbag gets the perfume of the bag on it. Yes, I've noticed that when you found that Mrs. Payton's perfume matched the odor of the gun, you knew you'd found your killer. That's right. Despite her husband's confession, he tried to shield her, knowing she'd killed his sister for the money that was left him. She tried to cover the murder by getting Joe's high hat and leaving it at the scene of the crime. But we saw through that. Quite an emotional sequence, wasn't it, Markham?

25:43Quite. But like all things when you work on the vents, it reached a very satisfactory end. Yes, Markham. I think you can safely say that this is the end of the high hat murder case.