Llanowen Plus presents They Stand the Cue.
Five years and seven months ago, Johnny Chalmers was born.
Now because a man named Roberts isn't dead the way everybody said he was, Johnny's future
hangs in the balance.
His mother, Mary, and his real father, Fred Chalmers, both seek his custody.
Speaking for the mother, attorney Meyer H. Weinstein makes his opening statement to a
jury selected from our studio audience.
A jury without prejudice for or against either party in this action.
To Johnny it is like a game.
Grownups talking a lot.
One of them even likes to write down words.
You have to be quiet though.
You always have to be quiet.
But attorney William Wines has no intention of being quiet in his effort to win the custody
of Johnny for Fred Chalmers.
Presiding over this trial, the splash of evidence and fact is Judge A. Bradley Eben of this
city.
Welcome to They Stand the Cues.
You know, sometimes a situation comes to trial that would stump even old King Solomon himself.
Well, I'll see if I can explain it to you.
First of all, Mary and Tom Roberts were married so far, so good.
Then Tom went overseas and was later reported dead.
Later, Mary married Fred Chalmers and they had a son.
But they were all in for a big shock because Tom showed up very much alive and the second
marriage had to be annulled.
Well, that made it tough for everybody concerned because they couldn't agree on the custody
of the boy.
So now they have all come to court asking it to decide the child's fate.
The worst part of it is that both the mother and the father have a reasonable claim to
the boy's custody.
Well, Hollis Burke has a pleasant claim to your attention right now.
We hope you enjoy They Stand the Cues, presented by the creators of Lanolin Plus Beauty Products.
These products include Lanolin Plus Lipstick, Lanolin Plus Shampoo, Lanolin Plus Liquid
Makeup, Lanolin Plus Hand Lotion, Lanolin Plus Liquid Skin Cleanser, Lanolin Plus Cleansing
Cream for Dry Skin, Lanolin Plus All Over Body Lotion, Lanolin Plus Sudden Date, the
new instant cleanser, beautifier, and conditioner for the hair, a lifesaver when you have a
sudden date, and Lanolin Plus Liquid, the favorite basic beauty preparation of millions
of women, the wonderful way to stop skin dryness overnight and forever keep it away through
continued use.
Now back to They Stand the Cues, where Attorney Weinstein brings the mother of Johnny to the
stand in an effort to establish her claim for the sole custody of the boy.
Will you state your name, please?
Mary Nielsen Roberts.
Your address, please?
1459 North Dearborn.
You are the wife of Tom Roberts?
Yes, sir.
We know that both counsel and the witness would keep their voices up and speak, and
the last juror in the box will be able to hear what they say.
Thank you, Your Honor.
You're welcome to.
Are you married to Tom Roberts?
Yes, sir, I am.
When was the first time you met Tom?
Well, I met Tom the first time when he came to live with the Chalmers.
The Chalmers lived right next door to where the Champaign.
Where was that?
Champaign, Illinois.
Yes, sir.
Continue, please.
Well, I was just a little girl then, and I guess Tom didn't know I was next door, but
I knew he was there.
And he started to go to school at the university.
I guess I must have only been about 14.
And let me ask you this.
Was Fred Chalmers friendly with Tom?
Oh, yes, they were very good friends.
They always had been very good friends.
Fred kind of looked up to Tom.
I guess we all did.
He was, oh, a big shot on the campus.
Oh, just everybody in the town loved Tom.
And how did you feel about Tom?
Oh, I loved him, too, but I was so young then, and I suppose kind of ugly.
And let me ask you, Mary.
Did you marry Tom before or after he returned from service?
Tom went into service with Fred, did they not?
Yes, they both enlisted in about, oh, I guess 1941 at the beginning of the Pearl Harbor.
And he came back in 1945.
That's when you and Tom got married?
Well, I was 24 then, and I guess he noticed me for the first time.
We probably noticed you were more beautiful now than when you were a little girl with
pigtails, I presume.
Now, Mary, tell me, after you married Tom, where did you live?
Well, Tom got a very good job with a paper in Chicago, a newspaper.
He's a newspaper man.
And we came to Chicago, and we took a furnished apartment, lived in Chicago.
And how long did you live with Tom there?
Well, Tom was only with me for three months.
In January, he had another good offer from a wire service to go to Germany and to stay
there until I could get there to stay with him.
You told me as a wire correspondent, isn't that correct?
Yes, for the wire service.
And what did you do then while Tom was gone?
Well, I stayed in Chicago, and I waited for him to let me know when I could come and join
him.
And then on March 2nd, I received a wire from the State Department to tell me that Tom had
been killed.
He had gone over into the German section, the Russian section of Germany, and been shot
down.
And then you went to Champaign and renewed your acquaintance with Fred?
Well, Fred just lived next door.
I had to go back and see my family.
I felt so horrible.
I felt I needed some companionship and that they would understand.
I went back, and of course, Fred felt badly too because he loved Tom, and they'd always
been very close.
So this way, at least there were more than just one mourning him.
And tell me, when did you marry Fred?
Well, I couldn't bear Champaign too much longer.
I had to come back to Chicago where Tom and I had been so happy together.
This was about a year after, or 11 months after Tom had been reported killed.
Well, I came back to Chicago right away, but then Fred came to Chicago and lived near me.
And of course, I knew them very well, so we were together quite a bit.
And I married Fred in 1948.
And then Johnny was born?
Yes, Johnny was born a year after.
He's five now.
And tell me, Johnny's five now?
Tell me, when was the next time you heard from Tom, your first husband?
Well, Tom arrived back October 1st.
Mrs. Chalmers had told us that she found out he was alive and he was coming to see her.
Of course, it was a terrific shock, and I didn't know how I was going to feel about
him.
I never had forgotten him.
Fred always knew that I loved Tom, and we had had a nice marriage, and I really didn't
know what I was going to do when I saw Tom.
I had to wait, so Fred and I just decided not to even think about it until we were all
together and we were able to find out how we felt.
And then you met Tom?
Yes.
And you renewed your acquaintances, and the boy went back to you, is that it?
Yes.
Your witness.
Is there any cross-examination, Mr. Warrens?
It's your plan, isn't it, Mrs. Roberts, to take Johnny with your first husband to Rome?
Well, Tom has had this marvelous offer in Rome.
It would be a wonderful thing for all concerned, especially for Johnny.
And that will mean that Johnny won't see his father anymore, won't it?
Well, yes it does, but now it's not good for Johnny to be in the atmosphere of him.
I object to that.
I think you should permit the witness to answer the question.
She has answered, Mr. Warrens.
Yes, I have.
I have the answer, but in any event, in the future, permit the witness to answer it, Mr.
Warrens.
I'll permit the witness to answer, but I don't want any speeches.
Now, when was the first time that you told your second husband, Fred, that you were planning
to take his boy out of the United States?
Well, he came to see us one night with a present for Johnny, a Christmas present, and he saw
the suitcases, and of course we had planned to tell him as soon as possible.
You hadn't told him, had you?
Well, it had only been a couple of days that we'd known about it, and we hadn't had a chance
to tell him yet.
Had you made any preparations for travel, applied for passports, anything like that?
Oh, yes, we did that immediately.
It was the first thing we had to do.
So you had time to plan for passports and a trip to Europe, but not time to tell your
son's father that you were taking him away.
Is that right?
I'll object to that as I argument it, Your Honor.
Overall, I think it's proper cross-examination.
The witness may answer.
Will you answer?
Well, we intended to tell him as soon as possible.
We weren't trying to run off without letting him know.
We would never do a thing like that, but it was so tense when he was around all the time
that I think both of us didn't want to face it.
When your first husband came back, you had thought he was dead and had married again
in good faith.
When your first husband, Fred, came back, you returned to your first husband, didn't
you?
Yes, sir.
I still loved him.
And without any remonstrance on the part of your second husband, Fred.
And he let you take the boy with him, didn't he?
Yes, he did.
The boy was living with you.
Yes, sir.
Well, he stepped in, that's your second husband I mean, and you told him all of a sudden that
you were planning to take the boy to Europe.
Yes, sir.
And then he took the boy home with him.
Yes, they had a...
Tom and Fred had an awful fight.
They said some horrible things to one another.
Johnny wasn't there.
Well, they did take the boy home.
Yes.
He became angry and took the boy.
The boy was playing at the Wilsons just down the hall.
And he went over and took him and without even telling me...
And he's been with his father ever since.
Yes, he has.
And your father's made no effort to remove him outside the jurisdiction of this court
or take him to some other part of the country where you can't find him, has he?
I have some objections to it.
The court please.
Goes to the stage.
He's here, I think.
I think the jury will decide.
Well, at least he hasn't planned to take him out of the country, has he?
Well, I don't know.
I haven't talked to him about it.
You don't know.
But you have.
Well, we haven't taken him yet.
We made plans for him.
We intend to take him.
We made plans for him and we intended to do it the correct way by telling the father and
making sure that he...
You intend to do it if this court awards you custody in this case, don't you?
Yes, I want the boy with me.
I couldn't leave him here and go.
Your husband is working in Chicago now, isn't he?
Yes, he is.
But this would be better for Johnny over there.
Stopping to go to another country, isn't he?
Any redirect, Mr. Weinstein?
No redirect, Your Honor.
Well, you may step down then, Mrs. Roberts.
Have you any further witnesses, Your Honor?
Yes, Your Honor.
I have a husband, Tom.
You take the stand, Tom.
Tom, Tom.
Would you raise your right hand, please?
You, Mr. Solomon, swear to tell the truth, the whole truth, nothing but the truth, and
I'll help you.
I do.
Please stand up, please.
Will you state your name, please?
Tom Roberts.
And your address?
1459 North Dearborn.
You're the husband of Mary who just testified?
That's quite correct.
Tom, let me ask you how long you've been in this country prior to your arrest?
I've been in this country for about a year.
I've been in this country for about a year.
I've been in this country for about a year.
I've been in this country since October 1, 1954.
If I recall correctly, you were a captive on the other side of the ocean?
Yes, that's correct.
I was a prisoner of the Germans behind the Iron Curtain, most prisoner of the Russians
behind the Iron Curtain, most of the time in the eastern zone of Germany for seven years.
For seven years, Tom.
And while you were there, what treatment was accorded to you?
Well, it wasn't very pleasant, I can tell you that.
I'm not allowed to say too much of that because I might implicate too many people that are
yet behind the Iron Curtain.
I understand.
Do you understand, Tom, or did you know that you were considered dead while you were over
there?
I was informed that so far as the free world knew, I was dead.
You understood that?
That's right.
So, Tom, let me ask you, when did you return?
I was permitted to get in touch with the outside world on September 28.
My first move at that time was to attempt to get in touch with my wife.
I called her at a last known address and they had no record of her whereabouts, so I called
her parents, the Nielsens in Champaign.
It was then that I learned the news that my wife had married my best friend and the best
man at my wedding, Fred Chalmers, and that they had a five-year-old son.
The Nielsens suggested that I call Fred's mother, Mrs. Chalmers, who was then living
in Chicago, so that she might break the news to them.
Object to what was suggested.
Let him tell what he did.
Sustained.
Just state what you did, please.
Very good.
I called Mrs. Chalmers and she promised to inform my wife and Fred of my whereabouts
that I was alive.
I immediately caught a plane from Zurich to Paris and straight on to Chicago.
Now what was your reaction?
Had you made any decision regarding Mary or Fred?
Well, at first I was pretty angry.
I was pretty hurt to think that I had been forgotten.
But then I realized...
Object to what decisions he made.
Sustained.
Jury will disregard.
Should have told him, said and did.
Just tell us what you said and did, your reactions there.
All right.
By the time I got to Chicago, I got to Chicago, took a taxi cab to the Chalmers' apartment.
And what happened then, Tom?
I walked up the front walk.
I was pretty hesitant, but I rang the doorbell and Mary opened the door.
We stood in the foyer, I don't know how long.
We were in each other's arms.
Then we realized that Fred was waiting for us.
We stepped in to say, to meet him.
It was then that I met Johnny for the first time.
There was a great deal of tension, an atmosphere of tension.
He was a man who had been my best friend, had been the best man at my wedding, and now
was married to Mary, who had been my wife.
There was an impossible situation between us.
I felt this, and so I only stayed about an hour and left.
Now tell me, Tom, did you decide on anything at that time?
Not at that time.
The next day, Mary arranged to meet with me, and it was at that time, when we had lunch
the next day, that she informed me that she could no longer stay as Fred's wife as long
as I was alive.
And so we went back together, and on October 14th, the marriage was annulled between Fred
and Mary.
You were in my office, and I had the FRA complaint.
Yes.
Now will you tell the court and jury briefly what happened on December the 15th, Tom, please?
On December the 15th, Mary and I were packing in anticipation of going to Rome, where I
had an assignment for my wire service.
Fred walked in with a present, a Christmas present for Johnny.
He saw us packing and asked us what we were doing, and we told him.
And he said, did this mean that we were taking his boy away from him out of the country?
He said he had to be realistic, that I had lost seven years, I had my life to make up,
and I had a family to support at this time.
He told me that I couldn't take his son out of the country and away from where he could
see him, that this was no way to treat his son.
I told him then that he couldn't give me orders, that I'd been taking orders where I couldn't
answer back for too long to take them when I could do something about it.
One word led to another, and we wound up in a fist fight.
And Fred took the child away and left.
That's correct.
Your witness.
Mr. Roberts, you are now employed by wire service in Chicago, Illinois.
Yes, sir.
Are you not?
No, sir.
And you could continue with that wire service, could you not?
Oh, yes, sir.
You haven't been discharged?
No, sir.
And if you did continue with that wire service, Johnny could see both his mother and his real
father, not to mention his grandmother and yourself.
Is that not true?
Well, that's quite true.
And nevertheless, you have undertaken to make arrangements to take this boy to Rome.
Is that not true?
That's quite true.
Do you consider Europe a safe place in which to raise this lad at this time?
If I didn't consider Rome a safe place for Mary's son, I certainly wouldn't take them
there.
You do consider it a safe place?
Yes.
Did you find Europe a safe place?
Well, unfortunately, I did.
I'll object to that, Your Honor.
Sustained.
All right.
You don't know how long you'll be in Rome, do you?
No.
Or where else you may be assigned?
No.
I'm open to any assignment they give me.
And will take it?
Yes.
I feel it my duty to take whatever assignment is given me.
This is my job, and I have a certain amount of responsibility to my profession and to
my country.
I feel that this is the job I can do best.
Now it pays more money, doesn't it?
It certainly does, and I'm glad of that because I want to take care of my family.
I want to give them the best.
Did you ever make any, have any conversation with Fred as to whether if he stayed in this
country he would be willing to contribute to the support of his son, even though he
was living with you and your mother?
I'd subject it to you, Your Honor.
Well, I think it's proper for the rule.
Well, I certainly don't anticipate any time in the future when I won't be able to take
care of my son.
Not if you go to Rome at a high salary.
That's right.
Have you made any study plans for his education in Rome?
I understand there are very fine educational facilities for English-speaking children in
Rome at this time.
When did you first tell Tom, if you ever did tell him, I mean, Fred, if you ever did tell
him that you intended to take his boy away from him and away from the country in which
he was born?
Well, it was unfortunate that we were...
Well, it was that night that he came and called on you, wasn't it?
That's correct.
All right, now when did you first tell Johnny that you were going to take him away from
his father in the country?
We told him immediately that I had this offer and that he would be going to Europe.
And he was happy about it.
Going to see the world.
He was happy and looked forward to it.
Very much so.
And he didn't mind leaving his father?
That's subjective to you, Your Honor, as to whether he did or didn't.
All right, I'll withdraw it.
I shouldn't ask what the boy meant.
Now, did he give any indication or did he say anything about being willing to leave
his father?
No, sir.
We'd been trying to figure out what was the best way to break the news to both Johnny
and to Fred that they wouldn't be...
Pretty tough problem, wasn't it, to figure out how to break news that you're taking the
boy away from his father into another country?
Of course it was.
I wish some other way of breaking this news had been allowed than it was that night.
You'd known Fred a long time.
I'd known him since 1934.
A friend of his before you were a friend of the girl that you both married?
A very good friend.
That's all.
I'd just like to ask one question, Mr. Roberts.
Yes, sir.
You're a foreign correspondent.
Yes, sir.
Is your assignment in Rome as permanent as that sort of thing is?
Nothing is terribly permanent.
I am assigned there to cover politics and to cover interesting news assignments that
break in Rome.
I may be transferred.
Thank you.
That's all.
Thank you.
Is there anything further from the petitioner?
I'm here, I'm here.
You're right.
Does a sudden date throw you for a loop like this?
Well, a last minute engagement with no time for a shampoo or a beauty shop appointment
is enough to set anybody topsy-turvy.
And that's when the wonderful new Lanolin Plus product for the hair is available.
Now, all you do is spray a very small amount of sudden date through your hair and then
brush it vigorously.
And if you use it as directed, the results should be like this.
Excessive oiliness and dirt brush out in seconds.
Curls tighten and loose ends find their proper place.
Your hair is sparkling thanks to the silicones in sudden date.
It's an entirely new product.
Sudden date contains no lacquer and no stickiness.
It's a lifesaver when you have a sudden date.
So get yours today.
It's only a dollar and a quarter plus tax wherever cosmetics are sold.
Attorney William Wines brings Johnny's grandmother to the stand, hoping to give the court some
kind of an idea as to what sort of home the boy would have if his father is given custody.
What is your name?
Marion Chalmers.
You are the mother of Fred Chalmers, the respondent in this case.
Yes.
And you believed yourself for some years to be the mother-in-law of the woman who believed
herself to be his wife.
And you are the grandmother of Johnny Chalmers, the little lad who was in the courtroom until
we started to take the evidence in this case.
Is that true?
The Nielsen family, that's your family, with Mary, your daughter, live next door to the
Chalmers family in Champaign, Illinois.
That's true, isn't it?
Yes, we live next door to Mary and her family.
Mary and your son grew up together.
That's right.
Now, when did Tom Roberts first come into the lives of you people, you and your son
and Mary?
Well, he first came to our house to live when he was going to the university.
All right.
Now, what was the relation at that time, if you can tell us briefly, between these three
young people, Mr. Thomas Roberts, Mr. Frederick Chalmers, and Miss Mary Nielsen?
Well, when Tom was staying at our house, he didn't know Mary too well.
Mary would come in and out like she had always done, but Fred and Mary were, my son and Mary
were more or less like brothers and sisters.
Let me ask you, is your husband living?
No.
When did he die?
He died when Fred was nine years old.
What effect did that seem to have on Fred?
Well, if the court please, I have no objection to some leading questions, but he's asking
too many leading questions.
Well, we'll commit him this one, counsel.
Thank you, your honor.
You may ask.
Well, it deeply affected Fred.
He felt lost and deserted.
And even up until a few days ago, I thought he had lost his father and had passed and
become dim in his memory.
But he said, my father was dead.
He was dead.
He was dead.
He was dead.
He was dead.
He was dead.
He was dead.
He was dead.
He was dead.
He was dead.
He was dead.
He was dead.
He was dead.
He was dead.
But then, mother, he said, isn't it strange, but I lost my father and now my son is going
to lose his.
Well, I'll disclaim that conversation, your honor.
Now, let me ask you, Mrs. Nielsen.
When did you first hear that Tom Roberts was dead.
Well, Mrs. Nielsen had called me.
I think you're confusing me I'm Mrs Chalmers.
Mrs Nielsen had called me to tell me that Tom had had called her and he was alive and
she thought it would be a good idea if I'd go over and tell. Fred and Mary because
the awful to tell them such a thing on the phone and did you listen you were the one who
broke the news to Mary that Tom was not dead what happened at that time well I.
I went to their apartment I told them to please sit down that I had something very shocking to
tell them. And I told them Tom was alive and and I.
Looked at Mary and here she had a look of joy in her eyes and.
Fred he was. Full of despair it was a terrible thing to have to tell them.
I. Couldn't stand it so I left the room and went into where little Johnny was sleeping.
I looked at him lying there so innocently and wondered what all this was going to do to him.
Now one more question of the court awards the custody of Johnny Chalmers to his father.
Johnny Chalmers to his father. And if his mother and her husband go to Rome can you
give Johnny the care of a. Woman in the home and you stay home when you look after him
hope for. Why I've taken care of Johnny lots of times when when Mary and Fred went on
vacations I haven't for two weeks at a time and. Well I have to all I have is grandmother
that's all I know with this but I want to see any questions for the.
John.
Can bring. Here. Of my cross examine.
You know. We try to do our duty all we want is certain facts to determine the aspects
of this case now let me ask you Mr Chalmers. Freddie was your only child wasn't
he that's right you love Freddie very much deeply and.
When he was nine years older you say his father died and you raised him both as
a father and a mother isn't it. And. You also stated that whatever Freddie
wanted he could have as far as you're concerned well anything within reason I give
a child now how did you feel about the marriage between Fred and
Mary. Well at first I was a little doubtful about how successful it would be
because well Fred had always adored Mary but I knew Mary had sort of
a knight in shining armor in their mind one of those things and and when they got
married I was a little doubtful as they say but then after they were married for
a year and especially when the baby came my. Head was so happy little Johnny so
it's very good well it became a perfect marriage and I feel marriage. When we ask
you Mrs Chalmers can you picture a situation. Where it wouldn't be
absolute torture for your son to see Johnny and see the resemblance of Johnny to
his mother and not see his mother. Wouldn't that be torture to you. And torture to
your son. To. Objection calls for conclusion speculation whether it be
torture to say if the court please I think it is a proper question only because he
asked for reactions on the part of this mother and I'm entitled to the same
reaction that you're now asking for the reaction on the part of the child no not
by sustaining the son Fred I meant not the child John well the reaction of someone
else that even our time now Mr Chalmers. You stated that you were
dubious about this marriage as a whole between Fred and Mary didn't you well in
a way because. Fred adored Mary but she took him so casually all the time and
in fact I was surprised that she finally accepted him but I was very happy I love
Mary almost like my own daughter and you state that you adored your son didn't you
yes you admit that Mary adored her son didn't you. Yes I'm sure she does this is
true. How can you lovingly child the way you do.
Think of or try to assist your son from taking away Mary's boy and she loves and
she is not anybody she's testifying and truthfully answer questions that are put
to it checks and sustain the boys with her you're on Jackson's estate no further
questions you may step down Mr Chalmers.
How do you all know I guess you're probably wondering what in the world
a Western outfit like this has to do with landline plus products and I can tell you
I have played I guess and all probably a hundred or more Western pictures and of
course in every Western picture there's a big fight. Now believe me when I tell
you the portions of those fights can get pretty rugged you're fighting on splintery
floors or a dirt street and it can be murder on your hands so if you're smart you
use hand lotion I did long before I had anything to do with this program I used
lanolin plus hand lotion simply because it seemed to protect my hands better you
know you're right Jim you see lanolin plus hand lotion gives more lasting
protection to the hands because of the penetrating action of lanolin plus it
rubs into the skin not just over it so that it actually makes the skin softer
and smoother and you know Jim I'll bet your cowboy fight scenes aren't any
harder on the hands and daily exposure to harsh detergents and harsh soaps and
weather changes and work and you know lanolin plus hand lotion is the only
really good protection against that that I have found and besides that you know
lanolin plus hand lotion is the only hand lotion in the world that contains
lanolin plus. The handy applicator pump that delivers just the right amount is
free with every bottle so get lanolin plus hand lotion only a dollar plus tax
wherever cosmetics are sold.
Now comes Fred Chalmers Johnny's real father though normally mild-mannered he
welcomes this chance to fight for the custody of his boy and prevent his
leaving this country for Rome. Why are you ready to proceed thank you your
honor will you tell the ladies and gentlemen of the jury your name age
please. Fred Chalmers 35. Your business sir? I'm in the insurance business. You are
the father of Johnny Nielsen Chalmers are you not? Yes sir I am. You were born in
Champaign in the house next to the Nielsen home. Yes sir I was. And have known
Mary Nielsen as long as you can remember is that not? As long as I've lived. Not quite
as long you're a little older about three years isn't that right? Now and you met
Tam Roberts when you were a freshman and he was a senior in the University of
Illinois down there that's true is it not? Yes it is sir. He took a room as a
student room or a lodger in your mother's home. Yes sir. Your father died
when you're nine years old and your mother took in rooms. Yes sir. And it was
through you was it not that he met Mary Nielsen? Yes sir it was. And the three of
you were friends and nobody was serious up until 1941 the inception of the Second
World War is that right? Well serious sir. It appears to me that counsel is doing
the testifying he's giving the answers. Let's just sustain you while I'm leading this. I know I didn't realize that there was anything to speak about but you were all
friends until 1941. Yes sir we were. In 1941 you and Tom went to war. Yes sir we did.
When did you get back from the war? Well I was discharged medical discharge. Excuse me I need to get that last question. When did he get back from the war?
I returned in September of 1943 with medical discharge received as a basis of
injuries in the South Pacific. And when did Tom return from the war? I believe it
was late 1945. And it was after that that he and Mary were married? Yes sir Tom had
gone to Chicago and come down to visit my mother and myself in Champaign and
that's... Were you present at the wedding? Yes sir I was the best man. When did you
first hear that Tom Roberts was no longer living? Well it was shortly after
the 1st of March in 1947. And after that you married Mary? Some 15 months later yes sir.
And when and then you came to Chicago? Then we had came to Chicago yes sir. When was Johnny born?
Johnny was born in June of 1948. Now tell me something about how you and Johnny
got along together. Well we were by nature of the insurance business that I
have I was able to spend a great deal of time with Johnny perhaps more so than
an average father working eight hours a day. We spent a great deal of time
reading to him. He took him to ball games, to the park. When did you
first learn that there was a plan to take him to Europe? Well on December 15th
of this year. When Tom came back had you ever remonstrated with Tom or Mary as
to Mary's going back to Tom? Well we sort of had an agreement sir that after the
initial shock to try to talk this thing out and see where all three parties stood.
The boy was with you until... with them until you heard that they were going to
take him to Europe. That is right sir. Anything further Mr. Weinstein?
Fred in your opinion was Mary a good mother to the child? Yes sir she was.
Was Tom as far as you know good to the boy? Well I'm hardly in a position to judge
Johnny never said anything that to the contrary. Johnny didn't say that Tom
mistreated him? No sir he didn't. Now during the time when Tom when Tom was
reported dead and you were taking Mary out wasn't it true Fred that on many of
these occasions she rebuffed your advances and told you that she was still
in love with Tom and could think of no other man? Well we had discussed that
there were not a number of proposals if that's what you mean sir. Mary
accepted the first serious proposal of marriage. But did she tell you that she
was still in love with Tom? Yes sir she did. That is true. Now let me ask you
Fred isn't it true that on one occasion you offered after Tom returned and they
had been living Mary and Tom had been living together with Johnny you told
Mary that as far as you were concerned that Tom could adopt the boy isn't that
true? No sir. Well isn't it true that you told Mary that an ideal arrangement for
you would be for you to have the boy six months and Mary to have the boy six
months? That is correct sir. That is correct. And if that arrangement was agreed
to you would be happy with that kind of an arrangement wouldn't you? Yes sir I
would. Now. Let us go back a little. And ask you this you always wanted Mary
didn't you? I suppose so sir. You felt frustrated. When Tom started courting
Mary quite seriously didn't you? Well I guess you might put it that way sir.
Mr. Witness I don't see anything to laugh at this is rather a serious matter. Were
you or were you not? Well if you meant if you mean impairing my business and my
job or anything no sir it did not go quite that deep. Funny because it impaired
a lot of things. Now. At that time you were very resentful when Mary married Tom.
No sir I wasn't resentful. You weren't happy about it were you? No sir. Now isn't
it true at the altercation on December the 15th that when you fought with Tom
there was bitterness and hatred in your heart? Isn't that true? Well the
bitterness perhaps developed after I did not go there with bitterness in my heart
necessarily it developed into that and everything years past came out at that
particular time. Just answer Mr. Wayne. Yes sir. Wasn't there always a tenseness
between the three of you when you met since Tom's return? Yes sir there was. And
Fred. Let me ask you Fred. Isn't it true that when you took Johnny.
After this quarrel when you took Johnny that you had vengeance in your heart and
hatred in your heart? No sir. You had no intention of taking Tommy before then
did you? No sir. What caused you to suddenly develop the desire to take Tommy?
Sir I wanted to keep the boy with me I didn't want him to go out of the country
until this was settled by some in custody awarded to someone. Well then who told
you to take the law upon yourself? Well look in as much as there was no decision
sir I felt. That objection is well taken on the authority of people versus Billy
Wilson I sustain it. I'll withdraw it your honor. You did take the law into your
own hands did you not? Yes sir. Mr. Chalmers you didn't return the boy at all did
you? No sir only to notify them that I had the boy. That is all no further. Anything
further Mr. Warrens? No your honor. Do you have any further witnesses? No further
witnesses. The rest of the petitioner and for the respondent. I do. If the court
please I would like to put on one response one rebuttal very briefly. Just one
question your honor. Very good. Very good. Proceed to the issue. You're the same Mary
Roberts who previously testified. Mary I want to ask you one question. Did you
agree to let Fred take the boy six months and you to have the boy six months would
you agree to that kind of an arrangement? No I wouldn't I couldn't give Johnny up
for six months at a time I don't think I should be expected to. What good would it
have to do to have you put that on. Any further testimony? That is all. Alright anything
further? You may step down. Nothing further from either side are you gentlemen
prepared to proceed? Ladies and gentlemen of the jury by agreement of counsel Mr.
Wines representing the respondent will open and Mr. Weinstein representing the
petitioner will close. Mr. Wines. Thank you your honor may it please the court Mr. Weinstein.
Ladies and gentlemen of the jury. Thank you as if this approaching Christmas season you bring to this court your intelligence your wisdom and I am sure your compassion because this case needs intelligence wisdom and compassion. The facts are very simple.
They're starkly simple they're tragic. What are those facts? Mary Nielsen.
Nice girl now a nice young woman. Fell in love with Tom Roberts.
A lot of sympathy for Tom he's been seven years in a concentration camp perhaps we can't
expect him to act as you or I would act.
She gets word that he's dead. Believing that word she marries his best friend the man who was best friend at her wedding. It turns out that Tom isn't dead and he comes back. Fred realized that he wasn't Tom's wife though neither he nor Mary knew that. He made no remonstrance when he knew that a boy normally belongs with his mother.
I don't gain say that a little five year old boy. He let Mary take the boy away from him and live with him with her and her. First husband only real husband in Chicago until a night came when he found out. That Tom Roberts and Mary without even having told him.
So they say they intended to and no doubt did. We're going to take that boy not only away from his father. Away from his friends away from the country in which he was born and take him to a foreign country. Tom Roberts himself knows what it is better than any of us.
Don't look at the dangers of living in a foreign country yet he wants to take not his son. But his best friend's son. Away from his best friend. Away from. The boy's father away from the land that you and I love and transport him beyond the seas to a destiny that we can only imagine.
And conjecture. In spite of the fact. That he not only can get but now has a job in Chicago and with a little unselfishness can stay here where his boy can have both father and mother I say find the issues in favor of Fred.
Shell. The story and steam. To one. Ladies and gentlemen of this jury.
Council is well noted for his brilliant talks and for his oratorical ability. I don't intend to be an orator before you but I just want to.
Review just one or two of the facts that appeared before you heard the testimony as intelligent as I am perhaps more so you've seen and heard the witnesses. One of the factors remember.
I can't yell as loud as Mr Wynon but I want to impress this fact. That's the father. The father says to the mother you take the boy six months I'll take the boy six months but the old story of King Solomon.
Who said to both parents are cut the baby and have. The boy for six months from the loving care of a mother and the other factors remember I asked both the grandmother.
And Fred Chalmers. Both of them. Is Mary and was Mary a good mother to Tom to Johnny and his Tom. A good father.
A good father. To the boy a force to both of them answered without any hesitation yes no question about. Ladies and gentlemen we are interested primarily with one factor.
One factor and one factor only. The best interest and the best welfare of this boy. Who is best fitted to take care of a little infant such as that the issues it appears to me is not between the mother and the father.
The issues here appear to be between the mother and her mother along who shall take care of the infant not the mother or the father but the mother or the mother in law because Fred certainly is going to work during the day and who's going to take care of that child his mother don't deny she's a very fine little lady she's raised Fred very beautifully but that does not
take away from the fact that nobody can raise a child like a loving and a doting parent a mother take away from a child a mother love and you remove something that's of such great importance and ladies and gentlemen talking about a great importance your decision in this case is not as simple as it might appear just to affecting these individuals it may affect
hundreds and thousands of other cases not similar to this where a father unexpectedly returns but we're broken up homes and there's a child to be decided his future is to be decided where does he go to the mother or to the father your decision the decision in this case will bear great importance ladies and gentlemen I say to you I leave it to your good common sense to your judgment
to your conscience to determine that one question not a question in favor of my client not a question in favor of the defendant a question in favor of that child put that child where that child belongs put him in the custody of his mother that's where he should stay thank you very much
ladies and gentlemen of the jury in habeas corpus cases such as this one the decision is made by the court not by the jury but in this case the court has requested your advisory verdict upon the issue presented by the pleadings and the evidence if you find from the evidence that it is for the best interests of Johnny Chalmers that his custody be awarded to the petitioners Tom and Mary Roberts
you will so find and advise the court if you do not so find you will find and advise the court that the custody of Johnny Roberts should remain with the respondent Fred Chalmers I have prepared what I call two forms of verdict which will take to the jury room and having voted to sign the proper one Mr. Bailiff
come this way please and when you watch the step the jury and the jury alone determines the outcome of each episode of they stand accused now this jury which is selected from members of our studio audience deliberates in secret on the basis of the evidence in the testimony we hope that you our audience at home will reach your own decision in this and every case to come before us so will you write to us in care of the Dumont Network
Chicago eleven Illinois.
Well that does it. He's finished.
And not bad. Beautiful. But that's not a portrait of me.
I know you're a fraud I'm not that pretty on the contrary you know the beauty of that canvases all yours you see I think you're not just as you really are and not as you would let yourself become through carelessness but I'm not careless you've just made me too useful.
I'm as I'm Mrs it is a lion's and crow's feet but they do not belong on your face believe me you could soften them almost as easily as I have done in painting your portrait.
And so they are as unattractive and wrong on your face as the oily shine on the face of your friend Madam Currier whom I think only last month you would expect me to pay the greasy shiny face just because she has neglected her skin but she has an oily skin we and you have a dry skin neither condition is a part of your natural beauty it is not you at your best.
Neither condition is a part of your natural beauty it is not you at your best. The alluring beauty of that canvas is you as you could be as you should be. Well if I am to paint your as a beauty I guess I must help you to be as beautiful as your portrait here.
Lanolin plus liquid. Whether your problem is skin dryness or skin oiliness lanolin plus liquid can end your worries facial lines crow's feet uneven makeup rough skin texture the common signs of skin dryness now when the skin is too oily an unpleasant shininess and a facial attraction to dirt and grime are usually apparent.
The penetrating action of lanolin plus liquid supplies needed cholesterol and esters to dry skin. Lanolin plus liquid will stop skin dryness overnight and will free you from dry skin worries as long as you continue its use.
You see oily skin is caused by an excess of a substance called sebum. Now lanolin plus liquid dissolves this clogging excess sebum so that you can just tissue it away. Then lanolin plus liquid mixes with the remaining natural oils on your skin and by nature deshines your skin.
So whether your skin is dry or oily why don't you make the lanolin plus skin test. Now here's how you do it. Before you go to bed at night apply lanolin plus liquid to one half of your face from the forehead to the neck. Leave the other side of your face as it is. Then the next morning apply your usual makeup in the usual way. Don't favor either side of your face.
The skin on the lanolin plus side should be soft and smooth and lovely. Contrast its loveliness with the effect on the other side of your face. But go a step beyond your own judgment. Ask that man in your life whose admiration you want most to caress your face with his fingertips. Let him tell you which side is most attractive to his touch. He'll find it instantly.
If you want your skin to be softer and smoother, if you want a fresher more youthful look, just ask for lanolin plus liquid wherever cosmetics are sold. The price is only a dollar plus tax and the fortune couldn't buy more beauty benefit for your skin.
Now back to the courtroom where the jury is preparing to offer its verdict.
Mr. Foreman, has the jury reached a verdict?
We have, your honor.
Would you be good enough to hand it to the bailiff, please?
The verdict is as follows. We, the jury, find and advise the court that the custody of the relator, Johnny Roberts, should be awarded to the petitioner, Mary Roberts.
Ladies and gentlemen of the jury, it's been a hard decision to make, to take this child from his father to you.
I have the final responsibility, however, in this case, and I know of you have given this decision everything that you had.
However, I disagree with you.
And in this particular instance, I am going to award the child to his father with the understanding that the court will retain jurisdiction. And when and in the event Mrs. Roberts returns to this country, then we will reopen the matter at that particular time. And when she is here, I assure her she shall have full right at all times of visitation of this child.
Thank you very much for your efforts here. Court stands adjourned.
What's the story behind this full date book? Well, it's simple. Soft, smooth lips. Intriguing, desirable lips. Lips of brilliant, lasting beauty.
Lanolin Plus lipstick is the only lipstick with the living beauty colors of youth. Plus indelium to help those colors stay on your lips longer. Plus Lanolin Plus to keep your lips soft and smooth and asked for.
So get your Lanolin Plus lipstick only a dollar plus tax wherever cosmetics are sold.
Next week on They Stand Accused, a juvenile delinquent implicated in a robbery and a murder stands trial for his life.
They Stand Accused has originated live from Chicago through the facilities of station WGN-TV in association with the DuMont Television Network.
Any resemblance of characters in tonight's past to any person's living or dead is purely coincidental.
Gowns by Bonwit Teller.
This is the DuMont Television Network.