"Possibly."
"Well, let's—"
"Probably, as a matter of fact."
"As a matter of fact, Mr. Constantine, I would like to read now from page 211 of the transcript, so that we can see whether it was possibly or probably or just what it was, shall we do that?"
"I'm willing to concede that…"
"On page 211, and I'm quoting from the transcript now, we have the following exchange:
Question: Please explain the 'marksmanship' references.
Answer: In the movie, the sergeant says, 'You're a regular Annie Oakley.'
Question: And what is the reference in your play?
Answer: In my play, there's a dialogue between the psychopathic colonel and the nurse. I'd like to read it if I may.
Because I'm an old man, sister, a very old man, practically decrepit.
Your records show you're only fifty-two, sir.
That's old, sister. I'm shot. I'm as shot as some of those poor bastards out there. Listen to those guns, sister, listen to those guns.
Question: Do the words Tou're a regular Annie Oakley' appear in your play?
Answer: Not specifically.
"That's the end of the testimony, Mr. Constantine. Do you remember it now?"
"I remember it."
"Do you still feel a similarity exists here?"
"No, I do not, and again I must say that this claim has already been withdrawn, which is why it does not appear on the chart. If the evidence were all as flimsy as these two examples, the entire case would be absurd. You've picked on two points which have already—"
"These two points are flimsy and absurd?"
"That's why they were withdrawn."
"Mr. Constantine, didn't you also say that another similarity between the play and the movie was the fact that both Private Colman and Corporal Janus wear eyeglasses?"
"I did."
"And that this is another malevolent example of—"
"Did I say malevolent?"
"No, that's my word, Mr. Constantine. But you do feel this similarity indicates copying by Ralph Knowles, who wrote the screenplay based on the novel."
"My character Corporal Janus wears eyeglasses. Driscoll's character Private Colman does not wear eyeglasses. Yet in the movie, we have Private Colman wearing eyeglasses. Now if that doesn't indicate…"
"Do you still claim…"
"The similarity exists."
"It's not one of the flimsy and absurd ones?"
"It is an indication of either deliberate or unconscious copying. Alone, it might not be significant. But when we look at the other similarities, the fact that both men are troublemakers, and the homosexual references, and when we add the eyeglasses to that…"
"You're not suggesting that Private Colman is homosexual."
"In the book he is."
"But not in the film?"
"The film has taken my homosexual colonel and used him instead. I believe I've already explained the blending of two characters to form one in the book, and the subsequent separation in the film."
"And you still wish to claim this matter of the eyeglasses as a similarity?"
"I wish it to remain, yes."
"Remain where, Mr. Constantine? It does not appear on your chart, which you said earlier was a complete list. Do you now wish to add it to that list?"
"Yes."
"Very well. Would you like to add any others, Mr. Constantine. We'd like to be perfectly clear as to what you've alleged."
"No, that's all."
"You do not wish to add any other similarities to this list?"
"I do not."
"I wonder if I might now ask you, Mr. Constantine, why you chose to include in your list several similarities which you regarded as flimsy and absurd?"
"I don't know why. The examination had been going on for a long time. I was tired and…"
"Mr. Constantine, do you remember asking for time to go over your charts and lists in an attempt to determine whether or not you had covered everything?"
"When do you mean?"
"During the pretrial examination."
"I don't remember."
"And after you had studied your charts and lists — I believe you were gone for close to an hour, Mr. Constantine — you came back and said, and these are your exact words which I'm reading from the transcript, 'There are several other similarities I'd like to mention.' One of those similarities was the man in bandages, isn't that so?"
"Perhaps. You and Mr. Willow seemed determined at that point to get me to say this was a complete list, so I…"
"Yes, you said you wanted a chance to study it. Which you did, Mr. Constantine. For close to an hour, isn't that correct?"
"I suppose so, but…"
"Without any pressure from Mr. Willow, or me, or anyone. Isn't that so?"
'It was a very hot day, and everyone seemed to be—"
"Please, Mr. Constantine, I will have my question answered. Were you under any pressure when you reviewed your charts and came back to add the man in the bandages?"
"I've already answered the question."
"You've answered it by saying it was hot and you were tired and Mr. Willow and I were pressuring you."
"I said you seemed determined to have me say it was a complete list. I did not mention anything about being pressured."
"Were you being pressured?"
"I was being interrogated."
"Mr. Constantine, I am suggesting that you were not being interrogated when you left the room and spent an hour alone with your charts."
"That was merely an extension of the interrogation. I knew the interrogation would be waiting for me when I returned, and you and Mr. Willow had made it clear that if I didn't list each and every similarity at that time, the opportunity—"
"Can you tell me, Mr. Constantine, who decided to withdraw these similarities which you now consider flimsy and absurd?"
"Your Honor," Brackman said, rising, "I fail to see the purpose of this line of questioning. These similarities have been withdrawn. Does Mr. Genitori wish them to be claimed again? The witness has testified that he no longer considers them valid. Why, then, does Mr. Genitori—"
"He is examining as to the witness's credibility," McIntyre said. "I will allow it."
"If your Honor please," Genitori said. "Mr. Constantine, I repeat my question. Who decided to withdraw these similarities which you now consider flimsy and absurd?"
"Your Honor," Brackman said, "those were not the witness's words. He said something about…"
"I said if all the evidence were as flimsy as those two examples—"
"Yes, you did say the examples were flimsy," Genitori interrupted, "and absurd."
"I said the case would be absurd, the case"
"If all the examples were as flimsy as these two which have now been withdrawn," Brackman said. "That is what the witness said."
"The record will show exactly what he said, Mr. Brackman."
"In any case," Arthur said, "Mr. Brackman and I decided after deliberation to withdraw these specific claims. I think that answers your question."
"Yes, it does," Genitori said. "Now, if I understand this correctly, Mr. Constantine, there are five alleged similarities on Plaintiff's Exhibit Number 8, to which you now wish to add Private Colman and his eyeglasses, which makes a total of six alleged similarities between your" play and the movie."
"Yes. Plus those that appear in the book as well, of course."