Night of January 16th

Act Two

Scene: Same scene as at the opening of Act I. KAREN sitting at the defense table, as proudly calm as ever. When the curtain rises, the BAILIFF raps.

BAILIFF: Court attention!

[JUDGE HEATH enters. EVERYONE rises]

Superior Court Number Eleven of the State of New York. The Honorable Judge William Heath presiding.

[JUDGE HEATH sits down, BAILIFF raps, and EVERYONE resumes his seat]

JUDGE HEATH: The people of the State of New York versus Karen Andre.

FLINT: Ready, your Honor.

STEVENS: Ready, your Honor.

JUDGE HEATH: The District Attorney may proceed.

FLINT: If your Honor please, the prosecution has one more witness to introduce. Mr. John Graham Whitfield!

CLERK: John Graham Whitfield!

[MR. WHITFIELD comes in, followed by NANCY LEE.MR. WHITFIELD is tall, gray-haired, perfectly groomed, a thorough gentleman with the imperious manner of a wartime generalissimo. NANCY LEE walks in slowly, head downcast. WHITFIELD pats her hand affectionately as if to encourage her, as they part; he walks to the witness stand, and she takes a chair at right]

CLERK: You solemnly swear to tell the truth, the whole truth and nothing but the truth so help you God?

WHITFIELD: I do.

FLINT: What is your name?

WHITFIELD: John Graham Whitfield.

FLINT: What is your occupation?

WHITFIELD: I am president of the Whitfield National Bank.

FLINT: Were you related to the late Bjorn Faulkner?

WHITFIELD: I was his father-in-law.

FLINT: It is obvious, Mr. Whitfield, that you are well qualified to pass judgment on financial matters. Can you tell us about the state of Mr. Faulkner's business at the time preceding his death?

WHITFIELD: I shall say it was desperate, but not hopeless. My bank made a loan of twenty-five million dollars to Mr. Faulkner in an effort to save his enterprises. Needless to say, that money is lost.

FLINT: What prompted you to make that loan, Mr. Whitfield?

WHITFIELD: He was the husband of my only daughter; her happiness has always been paramount to me. But my motives were not entirely personal: realizing the countless tragedies of small investors that the crash would bring, I considered it my duty to make every possible effort to prevent it.

FLINT: Is it possible that you would have risked such a considerable sum in Mr. Faulkner's enterprises if you believed them hopelessly destined to crash?

WHITFIELD: Certainly not. It was a difficult undertaking, but I had full confidence that my business acumen would have prevented the crash -- had Faulkner lived.

FLINT: He, therefore, had no reason to commit suicide as far as his business affairs were concerned?

WHITFIELD: He had every reason for remaining alive.

FLINT: Now, Mr. Whitfield, can you tell us whether Mr. Faulkner was happy in his family life, in his relations with your daughter?

WHITFIELD: Mr. Flint, I would like to state that I have always regarded the home and the family as the most important institutions in our lives. You, therefore, will believe me when I tell you how important my daughter's family happiness was to me -- and she had found perfect happiness with Mr. Faulkner.

FLINT: Mr. Whitfield, what was your opinion of Mr. Faulkner?

WHITFIELD: It is only fair to admit that he had many qualities of which I did not approve. We were as different as two human beings could be: I believe in one's duty above all; Bjorn Faulkner believed in nothing but his own pleasure.

FLINT: From your knowledge of him, Mr. Whitfield, would you say you consider it possible that Mr. Faulkner committed suicide?

WHITFIELD: I consider it absolutely impossible.

FLINT: Thank you, Mr. Whitfield. That is all.

STEVENS: Mr. Whitfield, were you very fond of your son-in-law?

WHITFIELD: Yes.

STEVENS: And you never disagreed with him, never lost your temper in a quarrel?

WHITFIELD: [With a tolerant, superior smile] Mr. Stevens, I never lose my temper.

STEVENS: If my memory serves me right, there was some kind of trouble at the time you made that stupendous loan to Mr. Faulkner. Wasn't there something said to the effect that you denied making the loan?

WHITFIELD: Purely a misunderstanding, I assure you. I must admit that Mr. Faulkner made a . . . somewhat unethical attempt to hasten that loan, which was quite unnecessary, since I granted it gladly -- for my daughter's sake.

STEVENS: You said that your fortune has been badly damaged by the Faulkner crash?

WHITFIELD: Yes.

STEVENS: And your financial situation is rather strained at present?

WHITFIELD: Yes.

STEVENS: Then how could you afford to offer a fifty thousand dollar reward for the arrest and conviction of "Guts" Regan?

FLINT: Objection! What has that got to do with the case?

WHITFIELD: Your Honor, I would like to have the privilege of explaining this.

JUDGE HEATH: Very well.

WHITFIELD: I did offer such a reward. I was prompted by a feeling of civic duty. The gentleman commonly known as "Guts" Regan is a notorious criminal. I offered that reward for evidence that would make his arrest and conviction possible. However, I agree with Mr. Flint that this has nothing to do with the present case.

STEVENS: Mr. Whitfield, can you tell us why you left for California in such a hurry before the beginning of this trial?

WHITFIELD: I think the answer is obvious. My daughter was crushed by the sudden tragedy. I hastened to take her away, to save her health, perhaps her life.

STEVENS: You love your daughter profoundly?

WHITFIELD: Yes.

STEVENS: You have always made it a point that her every wish should be granted?

WHITFIELD: I can proudly say yes.

STEVENS: When she -- or you -- desire anything, you don't stop at the price, do you?

WHITFIELD: We don't have to.

STEVENS: Then would you refuse to buy her the man she wanted?

FLINT: Your Honor! We --

WHITFIELD: Mr. Stevens!

STEVENS: You wouldn't stop if it took your entire fortune to break the first unbreakable man you'd ever met?

FLINT: Your Honor! We object!

JUDGE HEATH: Sustained.

STEVENS: Now, Mr. Whitfield, are you going to tell us that your money had nothing to do with Mr. Faulkner dismissing Miss Andre? That no ultimatum was delivered to him?

WHITFIELD: [His tone is slightly less kindly and composed than before] You are quite mistaken in your insinuations. My daughter was no more jealous of Miss Andre than she would be of Mr. Faulkner's soiled underwear. All men have some at one time or another!

STEVENS: I'd be careful of statements such as these, Mr. Whitfield. Remember that your daughter paid for what Karen Andre got free!

FLINT: Your Honor! We --

[WHITFIELD jumps to his feet; his face is distorted; he is shaking with fury. JUDGE HEATH raps his gavel, but to no avail. NANCY LEE jumps up, crying hysterically through WHITFIELD's speech]

NANCY LEE: Father! Father!

WHITFIELD: Why you . . . you God-damn, impudent . . . Do you know who I am? Do you know that I can crush you like a cockroach, as I've crushed many a better --

STEVENS: [With insulting calm] That is just what I wanted to prove. That is all. Thank you, Mr. Whitfield.

FLINT: Your Honor! We move that the defense counsel's outrageous remark which led to this incident be stricken out!

JUDGE HEATH: The remark may go out.

[WHITFIELD leaves the stand and sits down next to NANCY LEE; she takes his hand and holds it affectionately, showing great concern]

FLINT: [Loudly, solemnly] The people rest.

STEVENS: Move that the case be dismissed for lack of evidence.

JUDGE HEATH: Denied.

STEVENS: Exception . . . Ladies and gentlemen of the jury! We cannot pass judgment on Karen Andre without passing it on Bjorn Faulkner. He had put himself beyond all present standards; whether it was below or above them, is a question for each of us to decide personally. But I'll ask you to remember that he was the man who said he needed no justifications for his actions: he was the justification; the man who said that laws were made for the fun of breaking them. If you'll remember that, you will understand that the life into which he was thrown in his last few months was as impossible to him as that of a tiger in a vegetarian cafeteria. And to escape it, he would be driven to the most desperate means - - including suicide!

[STEVENS pauses, then calls]

Our first witness will be James Chandler.

CLERK: James Chandler!

[CHANDLER, middle-aged, precise, dignified, enters and takes the stand]

You solemnly swear to tell the truth, the whole truth and nothing but the truth so help you God?

CHANDLER: I do.

STEVENS: Your name?

CHANDLER: James Chandler.

STEVENS: Your occupation?

CHANDLER: Handwriting expert of the New York Police Department.

[STEVENS takes the letter read by INSPECTOR SWEENEY and hands it to CHANDLER]

STEVENS: Do you recognize this letter?

CHANDLER: Yes. It is the letter found in Mr. Faulkner's penthouse on the night of his death. I have been called upon to examine it.

STEVENS: What were you asked to determine?

CHANDLER: I was asked to determine whether it was written by Mr. Faulkner.

STEVENS: What is your verdict?

CHANDLER: This letter was written by Bjorn Faulkner.

STEVENS: Your witness.

FLINT: Mr. Chandler, it has been called to your attention during the inquest that Miss Andre was in the habit of signing Faulkner's name to unimportant documents, at the time she was employed as his secretary. Have you compared those signatures with Faulkner's real ones?

CHANDLER: I have.

FLINT: What is your opinion of them?

CHANDLER: I can compliment Miss Andre on her art. The difference is very slight.

FLINT: With Miss Andre's knowledge of Mr. Faulkner, is it possible that she could have forged this letter so perfectly as to escape detection?

CHANDLER: It is not probable; but it is possible.

FLINT: That is all.

[CHANDLER exits]

STEVENS: Siegurd Jungquist!

CLERK: Siegurd Jungquist!

[JUNGQUIST enters and takes the stand. He is a man in his late thirties, a little timid in a quiet, reserved way, with a naive face and questioning, as if constantly wondering, eyes. He is Swedish and speaks with an accent]

CLERK: Do you solemnly swear to tell the truth, the whole truth and nothing but the truth so help you God?

JUNGQUIST: I do.

STEVENS: What is your name?

JUNGQUIST: Siegurd Jungquist.

STEVENS: What is your occupation?

JUNGQUIST: My last job was secretary to Herr Bjorn Faulkner.

STEVENS: How long have you held that job?

JUNGQUIST: Since beginning of November. Since Miss Andre left.

STEVENS: What was your position before that?

JUNGQUIST: Bookkeeper for Herr Faulkner.

STEVENS: How long did you hold that job?

JUNGQUIST: Eight years.

STEVENS: Did Mr. Faulkner give you Miss Andre's position when she was dismissed?

JUNGQUIST: Yes.

STEVENS: Did Miss Andre instruct you in your new duties?

JUNGQUIST: Yes, she did.

STEVENS: What was her behavior at that time? Did she seem to be angry, sorry or resentful?

JUNGQUIST: No. She was very calm, like always, and explained everything clearly.

STEVENS: Did you notice any trouble between Miss Andre and Mr. Faulkner at that time?

JUNGQUIST: [Amused, with a kindly, but superior tolerance] Herr Lawyer, there can be no more trouble between Herr Faulkner and Miss Andre as between you and your face in the mirror!

STEVENS: Have you ever witnessed any business conferences between Mr. Faulkner and Mr. Whitfield?

JUNGQUIST: I never been present at conferences, but I seen Herr Whitfield come to our office many times. Herr Whitfield he not like Herr Faulkner.

STEVENS: What makes you think that?

JUNGQUIST: I heard what he said one day. Herr Faulkner was desperate for money and Herr Whitfield asked him, sarcastic-like, what he was going to do if his business crash. Herr Faulkner shrugged and said lightly: "Oh, commit suicide." Herr Whitfield looked at him, very strangely and coldly, and said, very slowly: "If you do, be sure you make a good job of it."

[An ATTENDANT enters and hands a note to STEVENS. STEVENS reads it, shrugs, astonished; then turns to JUDGE HEATH]

STEVENS: If your Honor please, I would like to report this incident which I consider as a hoax and whose purpose I would like to determine. A man has just called on the telephone and insisted on talking to me immediately. When informed that it was impossible, he gave the following message just brought to me.

[Reads note]

"Do not put Karen Andre on the stand until I get there." No signature.

[The crash of her chair pushed back so violently that it falls makes all eyes turn to KAREN. She stands straight, eyes blazing, her calm poise shattered]

KAREN: I want to go on the stand right away!

[Reaction in the courtroom]

FLINT: May I ask why, Miss Andre?

KAREN: [Ignoring him] Question me now, Stevens!

STEVENS: [Very astonished] I'm afraid it's impossible, Miss Andre. We have to finish the examination of Mr. Jungquist.

KAREN: Then hurry. Hurry.

[She sits down, showing signs of nervousness for the first time]

JUDGE HEATH: [Rapping his gavel]I shall ask the defendant to refrain from further interruptions.

STEVENS: Now, Mr. Jungquist, where were you on the night of January sixteenth?

JUNGQUIST: I was in our office in the Faulkner Building. I was working. I been working late for many nights.

STEVENS: What did you do when you heard of Mr. Faulkner's death?

JUNGQUIST: I want to call Herr Whitfield. I telephone his home in Long Island, but butler say he not home. I call his office in town, but no answer, no one there. I call many places, but not find Herr Whitfield. Then, I call his home again and I have to tell Mrs. Faulkner that Herr Faulkner committed suicide.

STEVENS: And when you told her that, what were Mrs. Faulkner's first words?

JUNGQUIST: She said: "For God's sake, don't give it to the newspapers!"

STEVENS: That is all.

[KAREN jumps up, ready to go on the stand]

FLINT: Just one moment please, Miss Andre. Why such hurry? Whom are you expecting?

[KAREN sits down reluctantly; without answering]

Mr. Jungquist, you have been employed by Bjorn Faulkner for over eight years, haven't you?

JUNGQUIST: Yes.

FLINT: Did you know all that time how crooked and criminal your boss's operations were?

JUNGQUIST: No, I did not.

FLINT: Do you know now that he was a criminal and a swindler?

JUNGQUIST: [With the quiet dignity of a strong conviction] No, I do not know that.

FLINT: You don't, eh? And you didn't know what all those brilliant financial operations of his were?

JUNGQUIST: I knew that Herr Faulkner did what other people not allowed to do. But I never wonder and I never doubt. I know it was not wrong.

FLINT: How did you know that?

JUNGQUIST: Because he was Herr Bjorn Faulkner.

FLINT: And he could do no wrong?

JUNGQUIST: Herr Lawyer, when little people like you and me meet a man like Bjorn Faulkner, we take our hats off and we bow, and sometimes we take orders; but we don't ask questions.

FLINT: Splendid, my dear Mr. Jungquist. Your devotion to your master is worthy of admiration. You would do anything for him, wouldn't you?

JUNGQUIST: Yes.

FLINT: Are you very devoted to Miss Andre, too?

JUNGQUIST: [Significantly] Miss Andre was dear to Herr Faulkner.

FLINT: Then such a little matter as a few lies for your master's sake would mean nothing to you?

STEVENS: We object, your Honor!

JUDGE HEATH: Objection sustained.

JUNGQUIST: [With quiet indignation] I not lied, Herr Lawyer. Herr Faulkner is dead and cannot tell me to lie. But if I had choice, I lie for Bjorn Faulkner rather than tell truth for you!

FLINT: For which statement I am more grateful than you can guess, Herr Jungquist. That is all.

[JUNGQUIST exits]

STEVENS: [Solemnly] Karen Andre!

[KAREN rises. She is calm. She steps up to the stand with the poise of a queen mounting a scaffold. The CLERK stops her]

CLERK: You solemnly swear to tell the truth, the whole truth and nothing but the truth so help you God?

KAREN: [Calmly] That's useless. I'm an atheist.

JUDGE HEATH: The witness has to affirm regardless.

KAREN: [Indifferently] I affirm.

STEVENS: What is your name?

KAREN: Karen Andre.

STEVENS: What was your last position?

KAREN: Secretary to Bjorn Faulkner.

STEVENS: How long have you held that position?

KAREN: Ten years.

STEVENS: Tell us about your first meeting with Bjorn Faulkner.

KAREN: I answered his advertisement for a stenographer. I saw him for the first time in his office, on an obscure side street of Stockholm. He was alone. It was my first job. It was his first office.

STEVENS: How did Faulkner meet you?

KAREN: He got up and didn't say a word. Just stood and looked at me. His mouth was insulting even when silent; you couldn't stand his gaze very long; I didn't know whether I wanted to kneel or slap his face. I didn't do either. I told him what I had come for.

STEVENS: Did he hire you then?

KAREN: He said I was too young and he didn't like me. But he threw a stenographer's pad at me and told me to get down to work, for he was in a hurry. So I did.

STEVENS: And you worked all day?

KAREN: All day. He dictated as fast -- almost faster than he could talk. He didn't give me time to say a word. He didn't smile once and he never took his eyes off me.

STEVENS: When did he first . . .

[He hesitates]

KAREN: When did he first take me? That first day I met him.

STEVENS: How did that happen?

KAREN: He seemed to take a delight in giving me orders. He acted as if he were cracking a whip over an animal he wanted to break. And I was afraid.

STEVENS: Because you didn't like that?

KAREN: Because I liked it . . . So when I finished my eight hours, I told him I was quitting. He looked at me and didn't answer. Then he asked me suddenly if I had ever belonged to a man. I said, No, I hadn't. He said he'd give me a thousand kroner if I would go into the inner office and take my skirt off. I said I wouldn't. He said if I didn't, he'd take me. I said, try it. He did . . . After a while, I picked up my clothes; but I didn't go. I stayed. I kept the job.

STEVENS: And you worked, and lived, and rose to success together ever since?

KAREN: For ten years. When we made our first million kroner, he took me to Vienna. We sat in a restaurant where the orchestra played "Sing, Gypsy." When we made ten million, he took me to Delhi. We stood on the shore of the Ganges, on the steps of an old temple where human slaves had been sacrificed to gods . . . When we made twenty-five million, he took me to New York. We hired a pilot to fly a plane above the city -- and the wind waved Bjorn's hair as a banner over the world at his feet.

STEVENS: Can you tell us the extent of Mr. Faulkner's personal fortune at the height of his success?

KAREN: No, and he couldn't tell you himself: he had no personal fortune. He took what he wanted. When he owed money to one of his companies -- it was crossed off the books and debited to the accounts of several other concerns. It was very simple. We prepared all the balance sheets ourselves.

STEVENS: Why did a man of Mr. Faulkner's genius resort to such methods?

KAREN: He wanted to build a gigantic net and to build it fast; a net over the world, held in his own hand. He had to draw unlimited sums of money; he had to establish his credit. So he paid dividends out of his capital, dividends much higher than we actually earned.

STEVENS: When did Mr. Faulkner's business difficulties start?

KAREN: Over a year ago.

STEVENS: What brought Mr. Faulkner to America, this time?

KAREN: A short term loan of ten million dollars from the Whitfield National Bank was due and we could not meet it. We had to have an extension. Whitfield refused it. Until his daughter came into the question.

STEVENS: How did that happen?

KAREN: Bjorn met her at a party. She made it obvious that she was greatly interested in him . . . Then, one day, he came to me and said: "Karen, we have only one piece of collateral left and you're holding it. You'll have to let me borrow it for a while." I said: "Certainly. What is it?" He said it was himself. I asked: "Nancy Whitfield?" and he nodded. I didn't answer at once -- it wasn't very easy to say -- then, I said: "All right, Bjorn." He asked: "Will that change things between us?" I said: "No."

STEVENS: Had Mr. Faulkner proposed to Miss Whitfield?

KAREN: No. She had proposed to him.

STEVENS: How did that happen?

KAREN: He told me about it. She took him for a drive and stopped on a lonely road. She said that they were lost, that she had kidnapped him and wouldn't release him. He answered that the ransom she wanted was not in circulation. Then she turned to him pointblank and said: "What's the use of pretending? I want you and you know it. You don't want me and I know that. But I pay for what I want, and I have the price." He asked: "And what is the price?" She said: "The extension of a certain ten million dollar loan which you'll need to save your business. If you stay out of jail as a swindler, it can be only in the custody of Mrs. Bjorn Faulkner!"

[NANCY LEE jumps up, trembling with indignation]

NANCY LEE: It's a lie! It's a shameless lie! How can you --

JUDGE HEATH: [Striking his gavel] Quiet, please! Anyone disturbing the proceedings will be asked to leave the courtroom!

[WHITFIELD whispers to NANCY LEE and forces her to sit down, patting her hand}

STEVENS: What was Mr. Faulkner's answer to that, Miss Andre?

KAREN: He said: "It will cost you an awful lot of money." She answered: "Money has never meant anything to me." Then he said: "Will you always remember that it's a business deal? You're not buying any feeling; you're not to expect any." And she answered: "I don't need any. You'll have your money and I'll have you." Such was the bargain.

STEVENS: Was Mr. Whitfield eager to accept that bargain?

KAREN: Bjorn said he thought Mr. Whitfield would have a stroke when his daughter's decision was announced to him. But Miss Whitfield insisted. She always had her way. It was agreed that the loan would be extended and that Whitfield would give Bjorn unlimited credit.

STEVENS: In other words, Faulkner sold himself as his last security?

KAREN: Yes. And like the others, it meant nothing to him.

STEVENS: Did you resent that marriage?

KAREN: No. I didn't. We had always faced our business as a war. We both looked at this as our hardest campaign.

STEVENS: Why did Mr. Faulkner dismiss you two weeks after his wedding?

KAREN: He was forced to do that. Whitfield refused to advance the money he had promised.

STEVENS: What reason did he offer for that refusal?

KAREN: The reason that Bjorn was keeping a mistress. It was Miss Whitfield's ultimatum: I had to be dismissed.

STEVENS: And did Mr. Whitfield grant the loan after you were dismissed?

KAREN: No. He refused it again. He attached what he called "a slight condition" to it.

STEVENS: What was that condition?

KAREN: He wanted the controlling interest in Bjorn's enterprises.

STEVENS: Did Faulkner agree to that?

KAREN: Bjorn said that he'd rather gather all his stock certificates into one pile -- and strike a match.

STEVENS: And did Mr. Whitfield grant the loan?

KAREN: No, he didn't grant it. Bjorn took it.

STEVENS: How did he do that?

KAREN: By forging Mr. Whitfield's signature on twenty-five million dollars' worth of securities.

STEVENS: How do you know that?

KAREN: [Calmly] I helped him to do it.

[Reaction in the courtroom. STEVENS is taken aback; FLINT chuckles]

STEVENS: Did this help Mr. Faulkner?

KAREN: Only temporarily. Certain dividend payments were coming due. We couldn't meet them. Bjorn had stretched his credit to the utmost -- and there was no more to be had.

STEVENS: How did Mr. Faulkner take this situation?

KAREN: He knew it was the end.

STEVENS: What were his plans?

KAREN: You don't find men like Bjorn Faulkner cringing before a bankruptcy commission. And you don't find them locked in jail.

STEVENS: And the alternative?

KAREN: He was not afraid of the world. He had defied its every law. He was going to leave it when and how he pleased. He was --

[The spectators' door at left flies open. A tall, slender, light-eyed young man in traveling clothes rushes in]

REGAN: I told you to wait for me!

[KAREN leaps to her feet with a startled cry. FLINT, WHITFIELD, and several OTHERS jump up. Startled voices exclaim]

VOICES: Regan! "Guts" Regan!

KAREN: [Desperately] Larry! Keep quiet! Please! Oh, please, keep quiet! You promised to stay away!

[JUDGE HEATH raps his gavel -- to no avail]

REGAN: Karen, you don't understand, you don't --

KAREN: [Whirling toward JUDGE HEATH] Your Honor! I demand that this man not be allowed to testify!

FLINT: Why not, Miss Andre?

STEVENS: [Rushing to KAREN] Wait! Don't say a word!

KAREN: [Ignoring him, shouting desperately over the noise] Your Honor . . . !

REGAN: Karen!

[To STEVENS]

Stop her! For God's sake, stop her!

JUDGE HEATH: Silence!

KAREN: Your Honor! This man loves me! Hell do anything to save me! He'll lie! Don't believe a word he says!

[She breaks off abruptly, looks at REGAN defiantly]

REGAN: [Slowly] Karen, your sacrifice is useless: Bjorn Faulkner is dead.

KAREN: [It is a wild, incredulous cry] He's . . . dead?

REGAN: Yes.

KAREN: Bjorn . . . dead?

FLINT: Didn't you know it, Miss Andre?

[KAREN does not answer. She sways and falls, unconscious, on the steps of the witness stand. Pandemonium in the courtroom]

CURTAIN