MovieChat Forums > The Maltese Falcon (1941) Discussion > How could they ever convict . . . (spoil...

How could they ever convict . . . (spoilers, of course)


. . . her? There was probably no physical evidence that she ever shot Miles. Is her, "I didn't mean to at first" confession to Spade worth anything? He'll say she confessed; she'll not only deny it, but'll she'll deny it believably with that schoolmarm way and hitch in her voice. She is after all, "only" a woman, and woman don't kill men in cold blood. And Miles was, after all, killed with Thursby's gun.

I say that not only does she not get the chair, she's not even getting the 20 years in Tehachapi. She's going to walk.

What do you think?





I want the doctor to take your picture so I can look at you from inside as well.

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Present day, absolutely zero chance of her even getting to court. 1941 however, in a town where police work you over all night and Spades is a respected private detective whose testimony would hold some weight, then perhaps.

The police did find the gun used in the murder, it's possible her prints are on it. They'd also be able to show motive by confirming the Falcon back story with Ciro etc.

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Well she's completely lost her head by the end of the movie. She begs him to let her go and plays on her supposed (and maybe real?) love for him and he says he loves her but he's going to send her away forever and she could get executed. Then the police come and are going to ask her about it. It's definitely before the time she would have been told she could have a lawyer and that is she said anything it could be used against her. By the time she calms down and thinks rationally and realizes that they can't prove anything, she'll probably have said way too much and can't back down from it. Even if she claims self-defense, it's still shooting him which is more than they had before. Throw in her association with the others and the fact the men are all going to be blaming her for things and she doesn't have much of a chance.

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Actually there's very little she could even offer to make a legitimate claim of self-defense. Archer had a gun, sure, but according to Polhaus it was still holstered when the body was discovered and showed no sign at all of having been fired.

Like Spade said, Archer wasn't a fool, but when it came to certain species of females he had an advanced degree in Dipsh*t. 

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"Miles may not have had much brains, but he had too much years experience as a detective to be caught down a blind alley by the guy he was tailing with his gun at his hip and his overcoat buttoned!
But he'd have gone up there with you, angel. He was just dumb enough for that!"

One of the best lines of this brilliantly written film. It continually astounds me just how good "The Maltese Falcon" is.

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You are a good man, sister.

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CSI has really distorted how necessary "physical" evidence is to make a case, especially back in the days before Miranda rights. Brigid has a truth problem in that she can't tell the truth to save her life (literally, by the end of the film). Early on, when nobody knows her or what she's up to, it's fairly easy for her to lie her way out of situations, but things start to get difficult for her the more of the plot Spade uncovers and the more jilted former cohorts show up. By the end, she looks thoroughly guilty just because of all the lies she's told.

There is also the problem that she has means, motive and opportunity. She was the only tie between Miles and Thursby, and they have her gun. She could argue that Wilmer killed him, but the police got everybody in the plot and everybody's about to start telling on each other. And she's not the only one in that group who can lie well. And Wilmer had a different gun.

Don't be too sure that a woman would automatically get off for murder in that time period. Women were hanged just like men for homicide back in the 1930s and 40s, and appeals ran out a lot sooner. Brigid puts on a nice act, but she is what was unkindly referred to in that time period as a "soiled dove." Her record is going to speak for itself and it won't be nearly as pretty as her face.

Innsmouth Free Press http://www.innsmouthfreepress.com

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I'm not really even talking so much about the physical evidence, although of course, I did mention it.

No, I'm just talking about how adept she is at lying, and how everyone wants to believe her. As you said,

the police got everybody in the plot and everybody's about to start telling on each other

Well, exactly. And they're all going to tell different stories, all blaming each other, and probably not all of the blame will land on her. There'll be plenty of blame to go around, not just for Miles, but for Thursby and Jacoby as well, neither of which were her doing. And again, as for Archer, the only one who knows who killed Archer is Spade himself.

Let's look at what "actually" happened here - that's in quotes because in these film noirs, it's always so tough to know who's telling the truth or not. But let's assume that Gutman was coming clean with the whole story as they waited around for the Falcon. In point of fact, Wilmer killed Thursby and Jacoby. In that wait-around scene, the three of them have already decided that Wilmer is going to be the fall guy. Why not just stick with that plan, especially since it's the truth anyway?

As for Archer, Gutman and Cairo certainly think that Thursby killed him, and obviously, Thursby's already dead, so that makes that neat. The dame'll say exactly the same. So that's all three murders, tied up nicely with a bow, before Spade comes along and tries to pin it on the dame. More importantly, as Spade himself said, "I can show Bryan, our DA, that if he goes around tryin' to collect everybody he'll have a tangled case, but if he sticks to Wilmer here, he can get a conviction standing on his head."

Making her the fall guy for Archer's death only complicates matters. Meanwhile she will deny it vehemently, and all three of them are likely to stick to the story that Thursby killed Archer himself. Her attorney could probably say that Spade was a jilted lover, and that that's why he's lying about her being the one. That's quite enough doubt for me.




I want the doctor to take your picture so I can look at you from inside as well.

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Not all the blame *should* fall on her. She only killed Archer. And yes, the DA could get a conviction on Wilmer for Miles, too, but it wouldn't be in character for either the DA or the Lieutenant. They both made it clear they wanted to get at the truth *and* get everyone involved.

In addition, the Lieutenant has a hard-on for bringing down Spade, whom he is convinced is dirty. The woman with whom Spade was obviously involved would do, even if he weren't now the most credible witness in the whole shebang. Look at how he just plops her fur coat on her shoulders and gives her a little shove when arresting her. He's immune.

Besides, most of that stuff from Gutman about how they were going to make Wilmer the fall guy was 1. a lot of lying back and forth about how the rest of them were going to amicably split the loot from the sale of the Falcon and 2. entirely predicated on getting the real thing. Since they didn't get it, there's no way Gutman and Cairo will stick to the deal of protecting Brigid, too. They'll just say they don't know who killed Archer, which makes Spade's story look more credible, not less. That way, if they make bail (because how much can the DA really make stick on them?), they're free of both Wilmer and Brigid, and can run off to Istanbul on their hopeless quest.

The thing is that Brigid's allure is based on her appearing to be innocent, but she's anything but innocent and she doesn't have the money to get a good lawyer who will help her maintain the facade in court. All it takes is counting up the guys she was involved in just in San Francisco alone to kill her reputation with a jury. So, she's basically screwed. It's really more a case, as Spade puts it, of whether she hangs or gets a long prison prison sentence.

Innsmouth Free Press http://www.innsmouthfreepress.com

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I thought that too after watching last night on TCM. She could say Miles came on to her or was angry at her when he found out what was really going on with her story.

She would likely walk IMHO. Would have made a good sequel!

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If only Hammett hadn't been so unreasonable. I wonder - what if Spade had decided not to send her up?

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I feel like a jury would convict her, partly because of the repeated lies. Effie would corroborate Spade's story, and then there's the stories of the police officers who tried to arrest Spade. While there might not be a lot of hard evidence, with so many witnesses and facts abounding throughout the place, Spade's true story would be hard to cut through with one of Brigid's lies. She lied often, but never really well, and Sam would dismantle anything she threw out there.

The bottom line is that the hard evidence might not be there, but Effie and Sam alone could produce a chain of events so convoluted that their explanation would be the only logical one to follow. Combine that with Brigid's duplicity, and she would look bad to any jury. As a final nail in the proverbial (possibly literal) coffin, the police probably picked up Gutman and Cairo as well. 10 to 1 Kaspar Gutman tries to trade Brigid for a lighter sentence (and 10 to 1 Sam manages to get him to implicate Brigid before getting his deal in hard ink).

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I watched it for the first time last week and watched it again tonight. I thought it was too contrived that a calculating con woman would so readily confess to lies and conspiracies and murder with just a few mild questions from Spade. In like three different scenes he was able to get her to blurt out these startling admissions and then someone would later be saying how crafty and dangerous she was. It didn’t seem she was dangerous at all. Spade would laugh at her and say something sarcastic to her and she’d confess to everything she’d been hiding. If that’s how she was in police interrogation she’d definitely find herself in the Tehachapi Women’s Prison for 20 years

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I think Spade was a rare one for her; most guys went grinning ear-to-ear and licking their lips, ala Miles, and never saw through her deceptions because they were hot and bothered. Spade kept his cool and never fell for her. She was terrified of him because of his ability to refuse her charms; it doesn't happen that often, after all, so it was throwing her off of her game.

Spade's just that good, too, I guess.

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California never had the chair. At that time it would have been the gas chamber.

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