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00:03BBC television presents Tony Hancock in...
00:08Hancock's half hour.
00:16APPLAUSE
00:25In your own words, are the events leading up to the apprehension of the prisoner John Harrison Peabody?
00:31Certainly.
00:32I was on patrol car duty on the night of the 27th when we received a radio message that the
00:36officers of the Hathaway Jewelry Company had been burgled.
00:39We proceeded at once to their premises in Brook Street.
00:41As we pulled up outside the store, the criminal leapt from the door carrying numerous articles of jewellery.
00:47Items 1 to 37, Miller.
00:49We immediately gave chase, and after a brief struggle, he was taken into custody and charged with a felony.
00:53Thank you very much. No further questions. You're with us.
00:56Very well done, isn't it?
00:59Just like the verdict is yours.
01:02Inspector Jones, the prisoner made a statement when he arrived at the police station, did he not?
01:07He did, sir.
01:07Now, what did he say in that statement?
01:10He said, er...
01:12You've got the wrong bloke gum.
01:14I was passing the shop when the burglar alarm went, and this geezer rushed out and dropped the stuff.
01:21I was just about to go round to the police station with it when your lot arrived.
01:26You were wearing plain clothes at the time, were you not?
01:29Quite right, sir.
01:30Now, Inspector Jones, what reason did the prisoner give for running away when you arrived?
01:37He said he thought we were teddy boys.
01:43Did you hear that? He said he thought they were teddy boys. That's a smack in the eye with them.
01:46Oh, goodness gracious!
01:47I haven't laughed so much.
01:52I'm surprised that the foreman of the jury is setting such a bad example.
01:56I thought at least he would show a little decorum.
01:58Pardon your honour. I thought it was rather amusing, that's all.
02:01It just slipped out. I couldn't help it.
02:03I mean, you had a little giggle yourself.
02:06I did not have a little giggle.
02:07Yes, you did. I saw you.
02:10Brought the end of your wig round to cover your mouth up.
02:15Please be quiet.
02:17This is a very serious case.
02:18It will shortly be your duty to judge this man.
02:21Please show the necessary intelligence and restraint required by the responsibility bestowed upon you.
02:31You're not putting up with that. You're the foreman of the jury.
02:33He shouldn't make you look a Charlie in front of everybody. Go on, tell him.
02:36I bet you remind you of me, lad.
02:39That I am the foreman of the jury.
02:40And as such, you shouldn't make me look a Charlie in front of everybody.
02:46Mr. Foreman, I would remind you that I'm the judge in this courtroom.
02:49And as such, I can replace you with somebody I regard as more competent.
02:57Tell him he can't talk to you like that.
02:59My friend says you can't talk to me like that.
03:02I'm not the slightest bit interested in what your friend says.
03:05I'm fully aware of my powers in this court. I know exactly what I can or what I can't do.
03:09I've been a judge now for over 20 years.
03:11And furthermore, if you and your friend do not behave yourselves in a manner befitting members of the jury,
03:16I will have you both turned out of this courtroom and charged with contempt.
03:25Tell him you'd like to see him try.
03:27I'd like to see, you tell him.
03:32You were going to say something?
03:33No, no, no, nothing. Nothing at all. No, no, no.
03:36May we continue?
03:37Yes, by all means. You carry on, Mush.
03:40Thank you. Please continue.
03:42Thank you, my lord.
03:44Exhibit number one, please.
03:47Now, those were the items of jewellery found on the prisoner's person.
03:51Those are the same ones, sir.
03:52Thank you, Inspector Jones.
03:53Perhaps the jury would like to see them.
03:56The jury have already seen them once, and as we're pressed for time, I don't think we need to see
04:00them again.
04:01How do we know it's the ones we saw before? Tell them we want to see them again.
04:03How do we know the ones we saw before? We want to see them again.
04:07I assure you that they're the same ones that you saw earlier.
04:10Excuse me, they're the same ones we saw earlier.
04:12That's up to us. We're the jury.
04:13That's up to us. We're the jury.
04:15Ask him if he wants a fair trial or not.
04:16Do you want a fair trial or not?
04:18This is a fair trial.
04:20The President has not complained.
04:22At all due respects, me lad. Nobody's asked the poor blighter.
04:25Don't you worry, mate. I'll see you get a fair trial.
04:28No withholding of evidence while I'm the foreman.
04:30We are not withholding evidence.
04:32No? Well, what about another look at the exhibits, then?
04:34Hands up anybody else who wants the butchers of the evidence.
04:37There you are. You're out voted.
04:39Had a bit of an election if you're lost in the closet, eh?
04:44Oh, very well. I'll show the exhibits to the jury.
04:46And tell my wife I'll be able to late tonight.
04:59Have you finished? Time is pressing and the rest of the jury want to examine it.
05:03Please put it back on the tray.
05:06Yes, of course not.
05:10No, what's wrong?
05:11It's stuck, Your Honor. I can't get it off.
05:13Oh, no. Why can't I have ordinary juries to do as I tell them like other judges?
05:17Why does it always have to be me? Pull it, man.
05:20Well, I am pulling it, but he won't budge.
05:22You've got a bar of soap up there.
05:25No, I haven't.
05:28Oh, what a farce.
05:29Very well. Show it to the rest of the jury, then try to get me off your finger.
05:33Continue, Mr. Perjard.
05:35Thank you, my lord. I shall proceed with my final address to the jury.
05:38Very well. My lord.
05:40Members of the jury, it is the law of this land that in order to secure a conviction, the prosecution
05:47must prove beyond any shadow of doubt that the prisoner is guilty as child.
05:54Now this, I respectfully beg to admit, the prosecution has failed to do.
05:59You must not...
06:03Have you finished?
06:05I'm trying to get the ring off.
06:06Now, the defending counsel is talking to you.
06:08You must listen to the counsel.
06:10Get the ring off afterwards.
06:11Oh, very well then, as long as I know where I stand.
06:13You mind starting again, please?
06:16Oh, really? Do I have to?
06:19Yes, I'm afraid so.
06:20Well, I was saying that the prosecution has failed to prove its conviction and that if you are in any
06:29doubt whatsoever, you are bound by law to find my client not guilty.
06:33Oh, I've got you. That's fair enough. I don't mind going along with that.
06:38May I ask a question, my lad?
06:40Yes, what is it?
06:41Have you got a bit of butter? I could have this on you.
06:44Keep pardoning Sid Stenley. You're making the mockery in this courtroom.
06:47How you were ever elected foreman that I shall never know.
06:50That's not very nice, is it?
06:51Ask him how he got to be made a judge.
06:53How did you get to be made a judge?
06:54That should be good.
06:56Carry on, Mr. Pritchard.
06:58And no more interruptions, please.
07:00Thank you, my lord.
07:01And so, members of the jury, I submit that the evidence put forward by the prosecution is not conclusive of
07:08guilt.
07:09And I further submit that no jury could be asked to commit on such flimsy grounds.
07:16And, with that fact established, I suggest that you have no alternative but to find my client not guilty that
07:23he be discharged from this court a free man without a stain on his character.
07:31Very good. That was an excellent speech, my good man. You'll go far.
07:35Well, a very engaging personality.
07:37Oh, thank you very much.
07:40Right, next.
07:43May I be permitted to decide on the procedure in this court?
07:47Or perhaps you would like to borrow my wig and take over?
07:49If you've had enough, I don't mind telling you.
07:51Sit down!
07:55Mr. Spooner, would you care to sum up for the prosecution?
07:59Certainly, my lord. Oh, I don't like him.
08:02Dead smarmy. Certainly, my lord. Oh, swipe me. Here's a crawler for you.
08:07I was very much impressed with my learned friend's appeal for this man's innocence.
08:12Very much impressed with my learned friend's appeal for this man's innocence.
08:15I'll give him a kick up the wig.
08:20Very moving, eloquent, sentimental, maudlin rubbish.
08:25I object. It's not up to you to object or not to object.
08:28Mind your own business. Continue, Mr. Spooner.
08:31Thank you, my lord.
08:32The facts are quite plain.
08:33This man was caught red-handed outside the shop with the proceeds on him.
08:36He was also identified with the night watchman. It's an open and shut case.
08:40I therefore submit that you have no alternative to define him guilty as charged
08:43and to put this vicious criminal beyond the reach of decent society.
08:48Members of the jury, you have heard the evidence in this case.
08:53I will remind you that you are the sole judges of the fact.
08:57I will now ask you to retire and consider your verdict.
09:01May I ask a question, my lord?
09:02Oh, what is it?
09:03How long have we got?
09:05I don't understand you.
09:06Well, I've seen this on television, you know.
09:07I mean, we go out and then the bloke with the earphones comes on
09:10and then we come in and tell you our verdict.
09:13So, actually, how long have we got?
09:15We've got as long as you want.
09:17That can't be right. They only get two minutes on television.
09:20I don't care how long they get on television. This is not the same thing.
09:23And they said their programme is authentic. You don't know where you are.
09:27Will you please go and consider your verdict?
09:30Usher, please.
09:32I will take this jury to some private and convenient place
09:34and shall not suffer anyone to speak to them,
09:36neither shall I speak to them myself
09:37and lest it be to ask them if they'd be agreed upon their verdict.
09:40Have a bar of soap sent in, will you?
09:43Get a hair cream or something.
09:44Perhaps you've got an idea, wouldn't you think?
09:46All right.
10:04There you are, ladies and gentlemen. You heard what the judge said.
10:06There's no hurry. We can take as long as we like.
10:08We shan't be disturbed. Our time is our own.
10:10Oh, good. Let's have a game of cards.
10:13Put those things away.
10:14We're here to decide whether that poor wretch out there is innocent or guilty.
10:17Oh, let's cut for it and get off out.
10:18Anything under a seven is guilty.
10:21Well, it ain't anything under a seven is guilty.
10:23What sort of justice is that?
10:25What's the point of all these things?
10:25All that going out there with lawyers and wigs and things,
10:28if all you've got to do is cut for a seven or under.
10:30This is the old bailey mate, not the dodge house.
10:33Oh, come on, hurry up. We don't want to be here all day.
10:35Now, wait a minute. We mustn't be hasty.
10:37It's essential for the course of justice that we deliberate this slowly and carefully before reaching a decision.
10:41Agreed?
10:42Agreed.
10:43Right. Guilty.
10:45Oh.
10:47Well, you didn't wait long about that, did you?
10:49In my opinion, just an open and shut case. The man's obviously guilty.
10:52Well, I think he's innocent. What do the rest of you think?
10:54Guilty. Guilty. Guilty.
10:55Guilty.
10:56Guilty. Guilty.
10:58Guilty. Guilty.
11:00Guilty.
11:01Et tu, Brute.
11:02Well, blimey, let's face it. They all say guilty. We'll be here for weeks if we disagree.
11:06Guilty.
11:07Come on, let's not get off quick. Get down to the pub. Have a couple of pints at the wig
11:11and gavel.
11:13That is not the attitude. We're here to ensure that justice is done. That's what we're being paid for.
11:18We're getting paid?
11:19Well, of course we're getting paid thirty shillings a day.
11:22Thirty bump a day?
11:23What, seven and a half quid? That's more than I get outside.
11:26Well, in that case, not guilty. Let's keep it going as long as we can.
11:32Well, I can't say I agree with your motives, but I agree with your decision.
11:34Right. Two not guilty. Is there any advance on two not guilty?
11:51Justice?
11:52Of course I've got a sense of justice, but this is a watertight case. I can't see that there's anything
11:57to discuss.
11:58But there's loads to discuss. I reckon we've got a good six or seven days of non-stop chat in
12:01front of us.
12:03Really, this is too much. He must be guilty.
12:05He is not guilty.
12:06Of course he is.
12:07He isn't. He is.
12:08Are you looking for a punch-up at a break?
12:09Oh, all right.
12:10Please, please, please, please.
12:12Oh, God.
12:13Sidney, please. You'll have the wallopers in here in a minute.
12:16A punch-up at the old Bailey. Whatever next.
12:19Ladies and gentlemen, control yourselves and realize that I am the foreman.
12:22Yes, but he's talking a lot of nonsense. He wants to keep us here all week.
12:25The man is obviously guilty, and I...
12:27Ah, ah, ah.
12:30Who's the foreman?
12:32You are.
12:32Here we are, then.
12:33Yes, but I can't see...
12:35Ah, ah, ah, ah.
12:36Yes, but I can't...
12:37Ah, ah, ah.
12:38But I can...
12:39Ah!
12:42We're not leaving this jury room until we've reached the unanimous decision.
12:46From all of us.
12:47Now, then.
12:49Well, look at the score.
12:51Two not guilties, and ten say guilty.
12:53I think a discussion is called for to elaborate our point of view.
12:56Yeah, yeah, yeah.
12:57Guilty!
12:57I'll slosh you.
12:59I am the foreman. I shall speak.
13:02Ladies and gentlemen, we're gathered here today to witness the joining together...
13:05No, that's wrong.
13:08Ladies and gentlemen, we're gathered here today to sit in judgment of a fellow human being.
13:12But before we have the temerity, nay, audacity,
13:20to take it upon ourselves to judge another.
13:22Surely we must first judge ourselves.
13:29Are there any of us so pure, so free from sin in our own personal wives' lives?
13:41We cannot.
13:43If we can.
13:44Dispassionately.
13:45Nay.
13:47Objectively.
13:49Nay.
13:52Adjectively.
13:53Nay.
13:54Nay.
13:55Dispassionately.
13:57Nay.
14:04Dispassionately.
14:05then never interrupt anybody when they get into a crescendo it can be very nasty please don't do
14:10that again where was i you were submitting yes therefore i submit what was i submitting i don't
14:15know well there it is it's gone now i've forgotten what i was submitting well good now perhaps you'll
14:19be quiet let somebody else have a go all right then i'll extend to him the courtesy that he
14:26didn't extend to me that will show you how much better brought up i am than he was out of
14:31the
14:31two of us in comparison with each other carry on ladies and gentlemen all i have to say is that
14:41the evidence points unequivocally do you mind that lady's here unequivocally oh yes all right just
14:48watch it go on carry on unequivocally to this man's guilt now ten of us believe him to be guilty
14:54the
14:55will of the majority should prevail and as in any democracy and therefore therefore sir you should
15:00reverse your verdict to one of guilty yeah i see that's the way the winds burn is it well we'll
15:05have a go around the table what about you madam you with the hat on yes what do you think
15:09guilty guilty
15:10guilty put him away he's a menace send him away for as long as the law allows make an example
15:15of him
15:15there's too much namby-pamby treatment of these thugs bring back the cat that'd show them i do it
15:21myself if you men haven't got the courage put him away guilty guilty so much for the so much for
15:29the
15:29gentler sex right well really i don't know no no i'm not sure but i always felt that he was
15:36guilty
15:37but that is not good enough you must be sure this could have been your own boy your own flesh
15:44and
15:44blood the little boy you bounced upon your knee it could be him to send away for 15 years to
15:50a darkened
15:50cell no sun to light his morning out on the moors with the mist swirling around his ball and chain
16:02breaking up huge boulders into little pieces and then cementing little pieces back in the big boulder so
16:12what of his child at home what of his mother putting him to bed where's daddy mummy is he coming
16:20home tonight hush child eat your crust of dry bread and don't drop the crumbs on the sacking that forms
16:27your bed close mommy is that a tear i see trickling down your thin pale face there's nothing joe drink
16:35up
16:35your spoonful of milk go to sleep but where's my daddy where they put my daddy shut up we got
16:42you
16:47i've already got you i'm after him where is my daddy where is my daddy when are they going to
16:53bring my
16:54daddy back to me i'm not guilty i see that's the way things are shaping is it well stale mate
17:12oh good
17:12and let's have a let's have a game of cards here shall we a small party get some booze in
17:16get some
17:16more birds oh shut up you licentious fool i suggest we go back and tell them we can't agree on
17:22a verdict
17:23then what happens we can all go home oh no mate i'm not having that go home 35 a day
17:28is he kidding
17:29i can't stop here forever i've got a farm to run there's crops to get in well that's charming isn't
17:33it you're prepared to send a man to jail for 15 years so that you can get your spuds in
17:37the equation of human kindness 15 years in jug equals two ton of king edwards
17:43but he's guilty he deserves to go to prison well i think he's innocent good heavens why man why do
17:49you
17:49persist in saying he's innocent in the light of all the evidence against him caught red-handed
17:55identified why why well he's got such a nice face that's impossible we'll be here all night
18:07send in 12 dinners will you ask if they'll send a bit of lard in with you
18:37good grief man how could it have been his twin brother
18:43well it's the thought it's happened before what about the corsican brothers one was good one was
18:46bad and i say we've got the good one but he hasn't even got a brother well that doesn't matter
18:51we've
18:51all got doubles there's a bookies runner down our way looks exactly like you thank you very much
18:59it isn't you is it no it isn't well there you are then oh this is ridiculous we're getting
19:05absolutely nowhere we've been locked in this confounded room for seven hours now seven hours
19:11and what theories have you concocted twin brothers doubles blackouts he was drugged by a gang of
19:23international crooks he's the rightful heir to a european throne and they want him out of the way
19:28so they can put his uncle on well it's quite possible his father used to sell onions we don't know
19:36anything about his family background we don't know what his father did when he got off his bike at
19:38baloy well he went straight up to the shadow put the crown on ran the old flag up grand duke
19:43of burgundy
19:44you never know what do you mean duke of burgundy they all come from brixton i might have been exiled
19:52i give up i give up i don't want to talk to him anymore keep him out of my sight
19:58it's eight three one retirement this room's getting me down i want some fresh air i'm suffocating in here
20:12lovely view isn't it london at midnight soon i'll see it over my farm how much longer are we going
20:16to be hard to tell great things are going could be weeks weeks but i've got to be on my
20:19farm tomorrow
20:20well there we are it's deadlock isn't it nine three go lead how much longer do you think we'll be
20:26oh nine three could take months a new case in mexico took three years three years that's impossible oh
20:32straight up went through three revolutions and nine changes of government two of the jury went
20:37bonkers with claustrophobia three died of old age and four were divorced by their wives for desertion
20:42you married yes i am then i hope she's patient so yes a long time in it you'll leave
20:51who's uh who's looking after the farm while you're away then my wife oh a country girl oh she's a
20:57londoner
20:58oh londoner eh i suppose she knows much about farms then no she doesn't
21:04expect it'll be a right mess when you get back
21:08dead chickens all over the place
21:11cattle lying on the backs with the legs sticking up in the air
21:17how long you've been married then a week week eh ah well i wouldn't worry about it if she loves
21:23you
21:23you know three years ain't so long for a hot-blooded young bride at 21 you'll leave
21:30thunder eh especially she's probably plowed up the cornfields and put the pigs out to graze
21:36complete chaos financial ruin still i must admire you you stick to your principles you're a brave
21:41man you're gonna be out there in ten minutes everybody said not guilty but you stick to your
21:46principles highly commendable ruined but not dishonored
21:57good luck to you poor devil i changed my mind yes sir why there's not enough evidence not guilty
22:05well done seven five anybody else wavering ah you won't get the rest of us we're as determined as you
22:10are yes all right then we shall just stay here and sit it out
22:21oh it's a long long time from may to september
22:53i can't stay any longer this room is trying to remain let me out let me out
23:01oh no let me out please let me out
23:14six all i think
23:20i think you're beginning to crack up another go yes i think that's a good idea
23:25ladies and gentlemen score is now six all
23:29i should not go through the facts of this case again say to suggest to you there is some element
23:33of doubt in this boy's guilt as shakespeare said in the merchant of vienna when portion accused
23:41charlock holmes of pinching a pound of meat
23:46the quality of mercy is not strained it droppeth as the gentle rain from heaven upon the place beneath
23:58it is twice blessed twice blessed the sign of good
24:06it blessed him that gives and in the takes take the case of doubting thomas who was sent
24:11to coventry for looking through a keyhole at lady godiva
24:14can anybody prove he was looking at her can anybody prove it was he who shouted out get your haircut
24:22of course not this is sheer supposition does magna carta mean nothing to you did she die in vain
24:37brave hungarian pheasant girl who forced king john to sign the pledge at runnymede and close the
24:43boozers at half past 10. he's all this to be forgotten my friends it is not john harrison
24:50peabody who is on trial here today but the fair name of british justice and i ask you to send
24:55that
24:55poor boy back to the loving arms of his poor white-headed old mother hey free man i thank you
25:04all right hands up all those who say not guilty
25:07all right ten two we're leading just these two to go come on all you think you are the man
25:12is
25:12innocent it's obviously obviously oh very well i can't stand it anymore all right all right have
25:18it your have it your own way let the criminal go free i don't care let him loose let him
25:23loose so
25:24that he can rob other people's shops other people's houses your house maybe i don't mind
25:27not guilty then or anything you'll do that's 11 1. hey curly what about you oh do what you like
25:33i don't
25:34care there you are i've been a unanimous verdict of not guilty we can all go home oh what's the
25:40matter
25:41what's the matter now i've just been thinking about what he said about letting him loose to rob
25:50people's shops and other people's houses i i couldn't have that on my conscience i'll have to change my mind
25:55guilty oh no very good boy you are 11-1 we're off with you no no let's go back to
26:04guilty that's
26:05all right with me i'll go along with that guilty now now who says guilty yes yes there you are
26:10there
26:10you are we all agree guilty now it's over we can all go wait a minute the camera is not
26:16yet not guilty
26:18guilty but he is guilty we all agree he's guilty your friend says he's guilty i don't care what
26:22he said they've got another five days work here not guilty oh no we cannot go through this again i
26:27know no no tell her what i'll do if everybody chips in 30 bob to compensate me for my loss
26:32of earnings
26:33are coming with you gentlemen gentlemen we have reached the unanimous verdict british justice has
27:03triumphed again
27:04corpora rise
27:09who speaks as your foreman i'm the foreman have you agreed on your verdict we have how fine should
27:15the prisoner guilty or not guilty guilty 12-0 and that is the verdict of you all it is i
27:23will pass
27:23sentence after the recess court is adjourned uh just one moment mr foreman the ring if you please
27:31oh yes certainly will that it's gone well i had it on my finger i i shook hands with everybody
27:39that
27:39i had it on the finger but it's disappeared where can it have gone to you it can't have flown
27:43away
27:43i want to take it if the ring has disappeared this is a very serious affair this ring was exceedingly
27:49valuable is the police inspector in court
28:08corporal rise
28:11carry on mr fallsworth put up the accused
28:25you are charged with conspiring to steal a diamond ring valued at 20 000 pounds
28:29how do you plead i'm the foreman guilty
28:33prison centers would be shorter than this job i want to get back to my pigs what about my wife
28:38it's not my fault who had the ring who's gone
28:40so
28:43so
28:51so
28:53so
28:56so
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