All language subtitles for Perry Mason s08e28 Grinning Gorilla

The so -called McNaughton rule, as a
test for criminal responsibility, holds

there is accountability if the defendant
knew abstractedly that what he did was

wrong. How do you separate knowledge
from feeling and doing, or knowledge

understanding?

What do we mean by defective reason as a
bar to know it?

In response to your question, I would
prefer a yardstick equating

in terms of substantial capacity either
to understand the...

criminality of conduct or conform that
conduct to the requirements of the law.

I have time for one more question.

Ward Toyama, attorney.

Now, Mr. Mason, in the area of criminal
libel of a public official, in the

absence of inferred or expressed malice,
does a constitutional guarantee of free

speech render a statement privileged,
even if that statement is false?

Excellent question, Mr. Toyama, and
certainly one of current interest.

I suggest the answer is yes. In March of
1964, the United States Supreme Court

held that under the Constitution...

Bayama?

Frank Jones, the G .I .B.

Central Defense Intelligence Bureau,
United States of America.

Am I supposed to be impressed or
frightened?

Well, let's just say you're reassured
enough to sit here for a few minutes and

talk.

I'll let you talk, Mr. Jones.

I'd like to ask you one question, Mr.
Toyama.

The answer is no. I'll get out of the
car and leave.

No one will know we've talked.

No one will know what you answered.

What's the question, Mr. Jones?

How far are you prepared to go in
defense of your country and the things I

you believe in?

Would you anonymously risk your
reputation?

No, perhaps he wouldn't like it.

Mr. Grant, I understand from the war
that the Yamas have an export license

could act as a tipping agent for some
merchandise I'm sending to the Far East.

Are you telling me or asking me?

Look, Harry, you just run this business
for my father. You don't own it.

That's right, I run it.

I got sick. It was a patsy for every
family and overseas relief agency with a

couple of crates of used clothes to send
to the old folks in the Orient.

Well, those days are over and done with
now, fear you.

Howdy, I promise, Mr. Jones. You wanted
to be a lawyer, not a businessman.

Fine, go out and sue somebody.

But stop being a gratis volunteer. It
nearly bankrupted your father before he

retired. Mr. Grant, this merchandise is
being sold in the Far East.

I still got nothing to do with Toyama's.
We're not selling it.

You've got it all wrong. I'm involved in
this.

Yeah, I'll bet you are.

But you can forget it.

I'm running a business, not a charity.

This is business. My business.

I'm going all the way to the Gulf of
Siam with that cargo.

Tell him, Mr. Grant.

It's true.

Of course, and I'm delighted.

And Ward is involved in the business end
of this venture, Mr. Grant.

All right, so he's involved, but not
Toyama's.

Ward's father owns this business.

The only time we see Ward is when he
comes around to pick up Sally here for a

date.

Who are you shipping anyway?

Why do you need our license?

And how are we involved?

Oh, I'm afraid it's a rather delicate
matter.

Miss Joshi, check with the shipping
clerk, please. Find out if today's will

calls are ready to go.

Yes, sir.

I'll see you before I leave, Sally.

Hello?

It's a matter of saving time, Harry. The
merchandise is sold and the buyers are

in a hurry.

You know what the red tape is like,
processing a brand new export license.

It's worth a good deal to me to avoid
delay.

For your personal services and arranging
for Tiamat to act as a licensed

shipping agent, I'm prepared to pay $5
,000.

There you see? I told you it's not
charity.

I'll be back later with the papers for
you to sign, huh?

What do you say?

When charity begins at home, why not?

I don't know.

But Thomas Norton is used to making
trips up and down the coast here.

All the way to the Gulf of Siam.

I don't know.

I'm prepared to pay well, Captain
Bonham.

Your port of destination is on the
restricted list, you know that? Yes.

That means I will have to have a copy of
your export license, certified built of

lady. An affidavit what you ship is not
on the list the government calls

contraband items. You know that too?

Yes, of course.

What is it you ship?

Farming implements.

That's the war.

Look, Captain Barnum. Save it, Mr.
Toyama. The government inspects your

I look at one thing only, the bill of
lading and the affidavit.

My meaning is clear?

You have the papers.

Is there anything else? That's all for
me, but I do not make the decision. You

will have to ask Mrs. Norton.

The ship occurs.

Mrs. Norton?

Pass the cash in advance out of the
balance on unloading. Yeah.

I have a check.

Take that here, check.

I'm not sure.

I'm not sure at all.

For what, me, or whether you're making
enough profit?

Compulsive do -gooding runs in your
family, not in mine.

You're not mixed up in some crazy
crusade, are you?

That's my concern.

Is it?

This is a small business, but it
supports me and it takes care of your

And the legal practice you're not
building up, it may have to support you,

Now, this isn't the usual participation
in some cause.

This is big time, boy.

Harry, there's a big fight going on all
over the world. A fight for men's minds.

And this country's got to win that
fight.

We've got to convince, not coerce.

We've got to show them that we care not
just for ourselves, but for everybody.

Really care.

I can't tell you more. I shouldn't have
told you as much.

You've never really thought much of the
things I believed in or worked for, but

your signing those papers means a great
deal to me.

Did you bring the money?

Five thousand in cash.

Mr.

King, Mr. Albert King. Oh, you're Ward
Dayama.

I've been expecting you. I have the
papers.

Good. Licenses, affidavits, clearances?
All processed in order. Good. What's the

name of the ship?

The Thomas Norton out of Los Angeles.

Oh, Otto Varnum's cup.

You know Captain Varnum? Yeah, I knew
Varnum when it was first made for old

Norton himself.

They carried a shipment of supplies that
I furnished for an abortive operation

down in the Caribbean several years ago.

Someone wrong, orders got filed out, and
the ship met with resistance.

Old man Norton was blown right off the
bridge.

Well, Otto's a good man.

I gather from these papers that I am
selling you two carloads of farming

implements.

Yes. Well, I'll make sure that all the
crates are labeled properly.

You'll also make sure that the cargo is
trucked to the dock and loaded with oil

and tank.

Timely dockside delivery.

And the guarantee of no trouble from the
inspector.

Why should there be trouble?

Toyama Imports have been shipping to the
Orient for 20 years without any

trouble.

Yes, of course.

Cool. When do you sail?

Friday night.

Friday.

I must have the information by Friday,
Mr. Drake. You don't want much.

You give me a name that could be phony,
a description that could fit at least

200 ,000 different guys, and you want to
know all there is to know about this

Frank Jones by Friday.

There may be nothing wrong with him. He
may be perfectly legitimate.

Nothing he or anyone else said or did?

Let's just say I've got a sensitive nose
for smelling out certain kinds of

deals. And dealers.

All right.

We'll start by checking to see if he is
legitimate.

Now, can you tell me where he lives?

Well, what he's supposed to do for a
living.

Anything at all we can get started on.

I think he claims to be some sort of
intelligence agent.

Oh, no.

For the United States, of course.

Your passport and immunization paper,
please. Sorry.

Oh, this is my best mate, Frank Jensen.

Mr. Jensen, you will have someone show
Mr. Priyama to his cabin.

I shall be on the bridge with the pilot.

When the tourists are on board, we'll
get on the way.

Mary?

Yes, sir.

Show Mr. Priyama to cabin C and on the
way show him the dining room and the

passenger lounge.

This way, sir. Watch your step.

Gordon, Inspector, check to know if your
cargo is in your cabin.

We're going to be pretty busy to repair
the harbor.

A piece of it like this takes a lot of
eyes.

Let's repair the channel. If you like,
I'll throw you around the ship.

If you want anything, just ask for me.

Mr. Jensen.

This way, sir.

Of course, meet Mr. Jensen. Has he been
with the Citroen?

Oh, yeah, a long time, but off and on,
nothing regular.

This is the combination, 500 dollars.

The other two passengers are in the now.

Good evening, sir. Would you care to
join us for a cup of coffee?

Plenty of time to unpack.

Come on in. We'll drink a toast and
coffee to the trip, Mr. Doyama.

Let me take my bag down to the cabin out
there in the lounge.

Yes.

Mr. Ward Toyama, Miss Ursula Quigley,
Captain Ursula Quigley. Army of Heaven

Mission Society.

Creamy sugar, Mr. Toyama?

No, nothing.

Business trip, Mr. Toyama?

Yes. You go to Japan often?

Japan? Wait a minute, this ship isn't
going to Japan. Just Miss Quigley and I.

You will be continuing on.

Is something wrong, Mr. Toyama? Don't
look so startled, Mr. Toyama.

It's only a slight detour on the way to
the Gulf of Siam.

Oh, I see.

I'm sorry, Mr. Toyama. I hope it's of no
great inconvenience.

But I'm afraid the detour is all my
fault.

Your fault?

Yes. You see, our Far East office is
located in Tokyo.

And I have this shipment of supplies and
religious materials that must get to

Yokohama as quickly as possible.

I was referred to Mr. King, and he made
the arrangements for this ship to make

the delivery.

We're so very grateful to him.

Oh, not to me, Miss Quigley. I have
business in Tokyo, so I only ask.

It's a favor to me as well. So Captain
Barnum is really the one who deserves

thanks. You...

Taking

a ship from Zahava in a vault like this
is like running a needle in the dark.

I've got no time to argue. You've got to
be taking the mission north.

clear understanding that this ship was
going directly to the Gulf of Siam. So

will, after we stop at Yokohama. I've
got a delivery date to meet.

I'm sorry.

We need the money.

You assured me we'd make that date.

You're a lawyer, Mr. Toyama.

Schedules and routes subject to change.

That's printed right in the shipping
contract. I don't care what's written on

the contract. You gave me your word
personally. You and Captain Barnum.

also a disclaimer in that contract of a
freightman.

The ship is not bound by anything not
written into the contract.

You mean to tell me, Mr. Attorney, you
haven't even read the contract?

I don't know.

I'll fight fraudulent misrepresentation.
As soon as I can, I'll tie this old

scow up in enough litigation to dry dock
her for the next 50 years. Well, don't

forget.

Show your export license and your sworn
to affidavits when you claim the delay

spoiled those, uh...

Farm implements.

Right,

right, don't.

Frank Jones?

I ain't Jensen. I was told he was in the
cabin area.

He's back that way.

He had me gagged and tied. He dragged me
into that closet.

Last week, he was a well -heeled
shipper.

Today, he's first mate on a tramp
steamer.

Boy, as soon as we got up to this cabin
and you weren't here, I really let him

have it.

I told him he wasn't fooling me because
I know the truth.

What truth?

Ward, he's as phony as a $3 bill.

Frank Jones was fired from the
government service three years ago.

There's a federal warrant issued for his
arrest.

Harry, I know it's too late. You won't
help, but I'm sorry.

I'll apologize. You won't help either.

Go talk to the captain. Stop a hit or do
something.

You're just going to let them use you?

Not me. My father.

We signed the application and those
affidavits with my father's agent.

Don't you understand?

The company could lose its license. We
could be run out of business.

I could be disqualified. We could both
be put in prison.

Well, there must be something we can do.

The only way we can stop this ship is to
force a full confession from Frank

Jones. All right, let's go, Jones. No,
wait a minute. I couldn't get into any

more trouble than I am in now.

You stay out of this. You stay here in
the cabin.

We double -checked the ship from out
astern again.

The first mate is not on board. You sure
you have told us everything?

I told you all I remember.

We had a fight.

I was knocked out. That's all.

The Coast Guard searches for the body
now.

We are putting back into the harbor.

A representative of the Los Angeles
District Attorney will wait for you on

dock. District Attorney?

Yeah. It's a matter for the police now.
You are under arrest, Mr. Toyama.

Captain Goff?

Correct. Never mind.

What?

Why didn't you let me tell him the whole
truth?

Who Jensen really was and what he did?

You can't.

All they know now is that I had a fight
with a first mate.

Some of you fell overboard.

It was an accident.

The most they can do is charge me with
involuntary manslaughter. So?

Don't understand.

They found out I knew him.

If they found out I knew about the
cargo, they'd find out I went out on

looking for him to force him to clear
me.

They'll charge me with first -degree
murder.

I went to see Ward off to say goodbye,
you know.

And Mr.

Jensen, the first mate, showed me to
Ward's cabin.

Now, I thought he looked familiar.

And then I remembered. A government
investigator had showed me a photo of

some time ago.

He was wanted.

Well, I demanded to see the captain, and
I guess that's when he became

suspicious because of the way I looked
at him, because that's when he struck

and then he locked me in that closet.

Do you believe your request to see the
captain is what made him attack and

imprison you?

Yes, I suppose he panicked, that's all.

Mr. Grant, how do you suppose he was
going to explain your unauthorized

on the ship?

If you don't believe me, Mr. Mason, Mr.
Grant, that's only one of the many

questions the district attorney will
ask.

I can't very well defend Ward Toyama
unless I'm fully aware of his

How do I know what he was involved in?
Or if he was involved in anything?

And I don't know what Mr.

Jensen thought or why he did what he
did.

But I'll tell you this, Mr. Mason.

When Jensen fell overboard to his death,
there was no intent to kill on the part

of Ward.

True, he fought with the man.

But what happened was accidental.

Mr. Grant, if you're going to paraphrase
the penal code definition of accidental

and excusable homicide, I suggest you
find language less susceptible to the

inference that you're giving a rehearsed
performance.

I'm sorry I wasted your time.

You can send me a bill for your good
advice.

Mr. Drake. Mr. Grant.

Mr. Drake, this is all my private
investigating, Mr. Grant.

You had no right to report what happened
between us. I was a client. You had no

right to say anything.

I haven't said anything, either to Mr.
Mason or the authorities.

I found out you were coming here to see
Perry about representing Ward Toyama. So

I asked to have you see me before you
left. Nothing else.

Mr. Grant.

Mr. Grant.

We are only trying to help you and Ward
Toyama.

It was excusable homicide.

An accident and nothing more.

I'm not sure where you fit in, Mr.
Grant, but you might as well know.

Frank Jensen's body was snagged in a
fishing trawler's net.

The authorities were able to examine it
without the usual deterioration.

Before he was thrown overboard, Frank
Jensen was already dead, his head

in by repeated blows of a blunt
instrument.

I did what I would have considered an
act of unforgivable stupidity in a

I bought a story without bothering to
check it out.

Not even a phone call?

To whom?

This was to be the kind of operation
that had to be undercover, which meant

government would have had to deny it.

Even if I wanted to and had no way to
start looking for confirmation.

It made all the arrangements. He had
handed over considerable funds to me.

It just had the feel of being right.

Oh, you were a major order, all right.

But a father with an export license and
a reputation for years of philanthropic

endeavor.

That's another thing.

He knew about my father.

He had him subdued. I hardly bothered to
check the cargoes.

I agree he filled out the petition and
convinced me.

You think this Frank Jones or Jensen,
whatever his name, was interested only

personal profit?

Medical supplies?

Antibiotic serums?

Technically contraband to be transported
overland from a port in the Gulf of

Siam to a country where we couldn't
openly ship the stuff.

Frank paid King $100 ,000 for that
stuff.

I thought he used government money. I
was going to be the big brother, Uncle

Sam's guardian angel, giving the
underprivileged what they so desperately

needed. Giving.

All Frank wanted was fat profit.

He bought the stuff himself and he
planned to sell it, not give it away.

We're wasting time.

The one and only person who can support
this fairy tale of mine can't testify.

He's the man I'm charged with killing.

Do you think you killed him?

No.

No?

He was off balance, but alive.

Struggling, fighting, and kicking, and I
hit my head and he fell overboard into

the water.

That's not true.

What? I checked the ship and discovered
there was only one place that fits your

description.

The only place where the two of you
could have been fighting.

From that point, even if he fell
backward in the widest possible arc, all

could have hit was another deck below,
not the water.

Then if our supposition is correct, then
it's

possible that someone smashed in his
head as he lay stunned on that lower

And only then was he shoved overboard
into the water.

That won't help.

Even if that's what did happen, the
district attorney will claim I did it.

I'm sure he will.

Well, well.

We forget who and concern ourselves only
with where.

Where? Where what, Mr. Mason?

Where he fell on the deck? No.

Where he fell in the water.

Now, when you encountered the defendant
there on deck in the fog, did he say

that he was looking for someone?

Yes. Mr. Toyama asked me if I had seen
this man.

Miss Quigley, didn't the defendant tell
you the name of the man he was looking

for?

Yes, he did. It was the first mate, Mr.
Jensen.

Thank you.

You're with us, Mr. Mason.

No questions.

He grabbed me and yelled a name.

The first mate's name, Frank Jensen?

No, Frank Jones.

But then he said he'd met the first
mate.

And I told them Mr. Jensen was in
midships from the cabin area.

I see.

Thank you, Mr. Smith.

Rockies out, Mr. Mason.

No questions.

I stopped the ship for an immediate
search of the area.

I radioed the Coast Guard and notified
the port authorities.

But in that fog, we have no luck.

But the next day, after the fire had
lifted, you were notified that the Coast

Guard had found a body.

Now, did you identify that body, Captain
Barnum?

Ja, it was my mate, Frank Jensen.

Thank you, sir.

Your witness, Mr. Mason?

No question.

I therefore move, Your Honor, that the
defendant, Ward Toyama, be bound over

trial in the Superior Court on a charge
of criminal homicide.

Before I rule on the motion, is it your
intention to present a defense at this

time, Mr. Mason?

No, Your Honor.

Defendant is bound over for trial in
Superior Court on a charge of criminal

homicide, and the information will be so
endorsed.

Defendant is remanded to the custody of
the sheriff.

Court adjourned.

Well, I never thought I'd live to see
the day.

Not disappointed, are you?

No, a little surprised.

You never even tried, Perry.

What's more, you sounded like a broken
record. No questions, no questions, no

questions. That's not like you.

Perhaps this will explain it. What's
this?

A copy of my petition to the federal
district court for a writ of habeas

Habeas corpus? Tomorrow morning at nine
in the chambers of Judge Edward Simpson

in the federal building.

On what possible grounds?

Ward Toyama is being illegally
restrained. By you.

Illegally restrained? What's the matter
with you, Perry?

Neither this judge nor any judge in the
state of California is competent to

preside over a trial of Ward Toyama.

Why, that's ridiculous. You know better
than that, Perry.

Yes, I do.

And so would you tomorrow morning.

See, I'm going to attempt to prove that
Frank Jensen was killed outside Los

Angeles Harbor on the open seas.

On a ship of United States Registry.

Now, wait a minute. How are you... If
Ward Toyama is to be tried for murder...

It will only be in the United States
District Court.

Outside the harbor on a United States
ship, as you know, the commission of a

crime is a violation of federal law.

The state of California has no
jurisdiction to touch them.

See you in the morning.

You called and said you had to see me.

You had to talk.

All right.

Talk.

When will you talk?

It concerns the cargo being shipped
under your license.

So what about it?

That cargo belonged to Frank Jensen.

Frank Jensen is dead.

What's it got to do with me?

Well, Frank paid for it, but he never
owned it. Title, ownership, was and

is in the name of the House of Toyama.

Go on.

Well, I thought you might wish to
disassociate yourself from it.

And, um...

Let me handle it for you. You want me to
assign to you the two carloads of

farming implements that are in the hold
of the Thomas Norton?

Well, the cargo is on board, and it's
been cleared for export.

The ship is ready to sail, and there's a
guy on the other end just waiting to

buy it. It seems a shame not to go
through with the deal. A very profitable

deal.

Well, I'm afraid it can't be done, Mr.
King.

You see, I've canceled my request for a
license on that shipment.

Since it never has left the country, I
no longer have any responsibility for

Well, that's not quite true, and I think
you know it.

You see, your name was on the bill of
rating as an agent for the house of

Toyama. Now, I have already arranged for
another export license, but I need an

assignment for that cargo, and I'm
prepared to pay for it.

I was paid $5 ,000 for the use of the
license and my name.

Now you're offering me more money not to
use either my name or the license.

$5 ,000.

In cash.

Criminal defenses cost money, you know,
and that loss of some of yours just

might need help.

You're offering me $5 ,000 to assign to
you something I never actually own.

Well, I explained that to you, Mr.
Grant. Your name was on the bill of

but there's no other proof of ownership.

Now, I've already prepared an assignment
for the cargo.

You can have the cargo, Mr. King.

You can sign this.

Not your paper, ma 'am.

This gets you and the House of Toyama
off the hook.

In return for consideration, I return to
you.

All right, and title to the shipment of
farm implements. The shipment that you

had delivered to me.

You also acknowledge that my activity
was as your agent, and this contract

terminates my agency on your behalf.

All right.

You've got a deal.

The petition and the answer are in total
disagreement as to exactly where the

murder took place.

Consequently, whether subject matter
jurisdiction lies with the state or the

federal government. May I suggest, Judge
Simpson, since the petition, the

affidavits, and the return raise issues
of fact, that you order a hearing to

make findings of fact before you reach a
conclusion on the issuance of the writ.

Mr. Berger?

Well, that seems perfectly reasonable,
Your Honor.

Fine, then I'll continue the order
remanding the prisoner to your custody,

Berger.

Now, will you gentlemen stipulate as to
a mutually agreeable time?

Well, this afternoon would be fine with
me, Your Honor.

Or tomorrow morning at the very latest?

Impossible, Your Honor. I'll need at
least three days for my expert witnesses

conclude their tests and make
determinations.

But, Mr. Mason, that ship is loaded with
cargo.

A cargo deliverable on a time of the
essence contract.

It might involve a severe hardship if
that ship were prevented from sailing.

What would you suggest, Mr. Berger?

Well, since the testimony of the captain
and the seaman is already a matter of

record, and if Mr. Mason has decided now
that he wants to cross -examine them, I

would suggest that it be done by
deposition today so that the ship can

Mr. Mason? Your Honor, the ship will be
a part of my case.

Anticipating this, I ask that you sign
this prohibitory injunction keeping the

ship in the harbor for at least three
days prior to hearing.

And I further request that the hearing
be held on board the ship itself in

to make possible introduction of the
ship as evidence in the case.

Your request is granted, Mr. Mason.

Yes, I do have an export license.

It's in the name of the society, of
course.

We're always making overseas shipments
of mission supplies, food, and clothing.

Ms. Quigley, during the past 24 hours,
has anyone contacted you and tried to

make arrangements to use that export
license?

Believe me, I know how important your
license is, and I guarantee the

information will not be used to
embarrass you or the society.

Yes, as a matter of fact, Mr. Drake, I
have been contacted.

Well, would you mind telling me about
it?

Well, I don't know if... Miss Quigley, a
man's life may depend on your answer.

Oh, dear me, you mean poor Mr. Toyama?

Yes. Well, I don't imagine there's
anything really wrong in my telling you,

since there's nothing really wrong in
the arrangements that we made.

The, uh...

The arrangements, Miss Quigley?

Oh, yes, of course.

That shipment of farming implements in
the boat?

Well, since they had already been
cleared for export, I arranged to have

out under our license in return for free
passage and shipment of our goods to

Yokohama. With whom did you make the
arrangements?

With Captain Barham, of course.

Hello, Captain Barnum.

You wanted to see me?

Yeah. Here, sit down, won't you?

I prefer to stand.

Well, I prefer to sit.

This injunction, you did it?

Yes. My contacts.

If I do not sail, I cannot deliver on
time. We will lose money. I'm sure the

courts would hold you blameless of
liability for any breach of time

a contract.

On my costs?

The crew?

Food? Dock charges?

Who will pay for those?

Not the shippers.

Not the courts. You, Mr. Mason? Mr.
Toyama?

My client is entitled to his day in
court.

Even so you know that the killing took
place inside the harbor.

I do not know that. I expect to prove
just the opposite, Captain.

How can you prove what is not true?

One, the alarm for the missing mate had
not yet been sounded.

Two, Ward Toyama had not yet been
discovered unconscious on the deck at

the pilot left your ship outside the
harbor.

If I testify by deposition as the
district attorney suggests.

Then I can only say what I know.

Only what I know personally.

Then, Mr. Lawyer, maybe what you say is
the truth.

That Frank Jensen was killed outside the
harbor after the pilot left.

You personally don't know.

But there is evidence that proves
otherwise. Is that what you're

No threat.

I just tell you.

Suppose there is someone aboard the ship
who heard something fall to the lower

deck.

Who heard and saw board Toyama come down
the companionway from the upper deck.

Who heard and saw him a minute later go
back up the companionway to the upper

deck. And all this before the pilot
left. My deposition and Smithy's is all

district attorney wants.

Ours alone.

And it says only that the killing is
outside the harbor.

So, we take up this injunction, yeah? By
this somebody, I take it you mean

someone... who's deliberately remained
quiet, someone who was hoping to get a

profitable cargo on its way, someone
such as Mrs. Norton.

Well, Captain Barnum, please give the
lady my regard and tell her I shall be

pleased to hear her testify at the
hearing three days from now on board

ship.

Your Honor, Mr. Mason had a flight to
Washington.

He called me and asked me to assure the
court, if necessary, he would... Sorry,

Judge Simpson.

I was delayed by traffic from the
airport.

Would you like a few moments before we
begin, Mr. Mason?

Uh, no, Your Honor.

Petitioner is ready.

Good morning, Mr. Mason.

State of California is ready, Your
Honor. This is a petition for a writ of

habeas corpus ad subgeocentum.

On the grounds the petitioner is under
the jurisdiction of the federal courts

rather than the courts of the state of
California.

If granted, he will be tried for the
alleged criminal offense in a federal

court.

If not, he will be subject to procedure
already commenced in the state courts.

Now, since the petitioner has asserted
the affirmative issue, the burden of

persuasion is his.

Your honor.

Mr. Berger. The state contends, of
course, that this petition submitted by

Mason was and is wrongful in that its
purpose was simply to delay and to

the prosecution and the witnesses
involved in this case. The state

however, that it could solve this whole
matter of jurisdiction most

expeditiously through the testimony of a
single witness.

And I ask permission to call that
witness at this time.

Prior to the submission of petitioner's
case, as originator of the application

for the writ, petitioner defers to the
judgment of the court in any order of

presentation of evidence.

Call your witness, Mr. Berger.

Mrs. Esther Norton, please.

Nana, after I heard whatever it was fall
from the upper deck, I heard and saw

Mr. Toyama come down the companionway.

He disappeared the fog in the direction
of whatever it was that fell.

And what did you see after that?

He reappeared and quickly went back up
the companionway to the upper deck.

In relation specifically to the time the
harbor pilot left the ship, when did

all this occur?

It happened before the pilot left the
ship, while we were still inside the

harbor. Thank you, Mrs. Norton. Cross
-examine, Mr. Mason.

Your husband, after whom the ship was
named.

Was an officer in the Naval Reserve, was
he not, Mrs. Norton? Yes, he was.

After he left the Navy, he bought and
skippered this ship until his death.

Some years ago, in a joint operation in
the Caribbean, your husband and this

ship were both unofficially recalled to
duty. This was the operation in which

your husband lost his life, was it not?

Yes. Through some mix -up in orders, the
ship all but ran aground into a lethal

crossfire.

Though wounded, your husband heroically
managed to get the ship out.

He saved everybody, except himself.

As an active naval officer years before,
he'd been decorated with the Navy Cross

for bravery under fire.

Do you know the background of Ward
Toyama, the petitioner? He, too, was a

officer.

A young helicopter pilot in the Korean
conflict.

Evacuating the wounded, unarmed and
alone, he landed behind enemy lines.

He was hit three times by enemy fire,
but he carried two injured Marines

his helicopter and flew them both to
safety.

Just as your husband, he was awarded the
Navy Cross for bravery under fire.

Just as your husband, he was a man in
the same tradition of honor and courage.

Would you now lie and dishonor this
man's name?

I've told the truth. There's nothing
else I can say.

Look for the question.

Your Honor, the direct testimony of one
witness who's entitled to full

credibility is sufficient for proof.

On the basis of Mrs. Norton's testimony,
I move that the petition for a writ of

habeas corpus be denied.

Your Honor, I intend to introduce
witnesses to impeach the testimony of

Norton. Mr. Mason, you had your
opportunity to cross -examine this

You chose instead to try to get Mrs.
Norton to change her testimony. But she

elected not to perjure herself for your
war hero.

You have no basis for impeachment.

Testimony -inferring bias may be
established either by cross -examination

other witnesses.

And cross -examination is not a
prerequisite to the calling of other

Your Honor, I repeat my motion.

I move that the petition for a writ of
habeas corpus be denied.

Your motion is denied.

Mr. Mason, I somehow get the feeling you
petitioned this hearing on purely

technical grounds, concerned with issues
other than jurisdiction.

The only issue with which I'm concerned
is justice.

Call your first witness.

Mr. Smith, in your testimony at the
preliminary hearing,

You said that when Ward Toyama asked you
where the cabin area was, you did not

at that time know Frank Jensen's
whereabouts.

That's right. Where was Frank Jensen the
last time you did see him? In the cargo

hold. Mad as anybody I've ever seen. I
see him near one of them crates.

He probably opened one of the boards to
look inside, I guess.

Was Frank Jensen present during the
entire loading time?

Well, he was there the first day when we
laid the bottom layer of crates in the

hold. To your knowledge...

Did Frank Jensen examine any crates in
the first or bottom layer put down in

hold? Yeah, sure.

I seen him open one of them crates. Was
he present during the balance of the

loading? No, only when the cargo was
inspected and located.

Now, in terms of the first or bottom
layer as opposed to the top or

final layer, what crates did the
inspector look into?

He hardly bothered at all once he knew
the name of the ship or what was the

house of Toyama.

He just looked at a couple of top
crates.

The crate Frank Jensen opened after the
ship sailed.

Where from the bottom to top was that
crate?

About halfway down, I guess.

The crate Frank Jensen opened, the one
which made him angry, is that it?

It looks like it.

When you saw Frank Jensen standing near
that crate, did he say anything to you?

He only yelled at me to tell Captain
Varden he wanted to see him. The

that is, right away in the cargo?

Yes. He gave me the message.

I was with the pilot.

The fog was very bad.

I could not leave the pilot nor the
breach.

There was already one bad distraction
from that toyama.

Distraction? He was complaining about
the route I had almost to push him from

the bridge.

But it was no distraction to be visited
by Albert King on the bridge, now was

it?

But I... Because after you received
Frank Jensen's message, you sent for

King.

Yeah. Captain, what is inside that
crate?

What is written there? Farming
implements.

Is it possible that the crates in the
hole contained contraband?

Contraband you agreed to deliver to
Yokohama without Mrs. Norton's

Contraband that from Yokohama was to
have been transhipped behind Aaron

for a large profit? A profit you would
then have shared with your partner,

Albert King?

I... Captain, what is in that crate?

It's... It's medical supplies.

dobs to leak rifles.

Medical supplies, Captain?

You lie to me. You lie to me, King!

Yes, yes, I agreed to sell medicinal
supplies to Frank Jones.

Mostly stale, rejected, proprietary
drugs and medicines, which were

for the scrap heap anyway, but which he
could have unloaded for a profit.

All the crates on that ship were
supposed to be loaded with medicinal

except for a few on top, which had
farming implements in them, just in case

inspector looked.

And the rest of the shipment were crates
of these?

No, no.

Medicinal supplies are what I sold,
that's all.

Is that why you went to Harry Grant to
negotiate for title to the cargo?

What? The $5 ,000 which you gave to him.

He, uh... Gave that $5 ,000 as a
contribution to Far East Relief, along

$5 ,000 he accepted from Frank Jones.

But your conference with him, your
conference was held at my request, Mr.

That was recorded and witnessed by Miss
Sally Stoky.

Also at my request.

But I... I... You lied to Captain
Barney. Medical supplies were one thing,

you knew he would never agree to
transport illicit arms.

And Frank Jensen or Frank Jones, you
lied to him too, didn't you?

But I didn't kill him. I didn't. But you
lied to him.

Why? To get even for what happened a few
years ago?

What? In the same action in which
Captain Thomas Norton lost his life.

This ship supposedly carried another
cargo in addition to men.

It was intended to carry desperately
needed supplies.

Supplies you furnished.

Supplies for which you've never been
paid.

Why? It was all a frame.

There were empty crates on that ship.
Frank deliberately changed the orders.

He sent that ship into a trap, expecting
it to be blown to bits so that nobody

would know he had stolen and resold the
supplies.

When he put himself in your hands,
unaware that you knew what had happened,

decided to get even by double -crossing,
Frank.

But when your plan was jeopardized, when
you realized from Otto Burnham that

Frank had opened the crates... What did
you do?

I...

Why, suppose you tell us what he didn't
know.

Mr. King came to talk to me.

He offered to split the profits with me.

He told me everything.

I went below to look for Frank.

I met him on the lower deck.

And when you met Jensen on the lower
deck, after you'd been told who he

was, what happened then, Mrs. Norton?

I told him I was going to take the ship
back to Los Angeles and turn him over to

the authorities.

He knocked me down and went up the
companionway.

Where he encountered and fought with
Ward Toyama.

He fell almost at my feet.

You picked up some heavy, blunt object
close at hand?

With it, you struck and killed him,
didn't you?

Before you rolled his body overboard.

He was the man responsible for my
husband's death.

Yes, the matters referred to in your
question are covered strictly on a

statutory basis.

But the grounds specified in the code
are not exclusive.

Now, is there another question?

Mr. Mason.

Mr. Toyama?

In a trial for criminal conspiracy, can
the testimony of a witness who is a

party to the action be excluded as a
vicarious admission of an agent against

principle? Mr. Toyama, why concern
yourself with an agency relationship?

Penal Code 1322 provides that neither
husband nor wife is a competent witness

for or against the other in a criminal
action.

In other words, Mr. Toyama, don't you
think it's about time you married that

girl?