05x13 - The Case of the Renegade Refugee

Episode transcripts for the TV show "Perry Mason". Aired: September 21, 1957, to May 22, 1966.*
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Defense attorney Perry Mason defends dozens of falsely accused people during courtroom drama, and he manages to clear all of them, usually by drawing out the real criminal on the witness stand.
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05x13 - The Case of the Renegade Refugee

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(theme song playing)

The director wanted me.

Larry Vander
to see you, Mr. Barlow.

Send him in, Miss Gibsone.

Thank you.

Sit down, Lawrence.

Formal, cold, tone
of impending doom.

I like you better
when you're friendly enough

to call me by my last name.

Lawrence Vander,
international reporter,

author, commentator.

More than a bit distressing
to have to add to that,

"Lawrence Vander, liar."

It becomes obvious I might
as well level with you.

I am not here researching
a feature story

on Space Associates Ltd.

I gathered as much
from your magazine editor

when I called
and checked with him.

The last he heard of you,
you were in Germany

covering a trade conference.

Cliff, I'm close
to what could be

the biggest story
in the past years.

You remember Max Kleinerman?

Max Kleinerman.

One of the top Nazis
in h*tler's Germany?

Only vaguely.

The Allies caught him
and before they could even

photograph him
or fingerprint him he escaped?

Supposedly he was k*lled

in the Battle
of the Bulge?

Yes, yes.

I have proof in black and white

Max Kleinerman was not k*lled
in the Battle of the Bulge.

What?

After he escaped, somehow in
the confusion of the fighting,

he substituted identification
and uniform with a dead soldier

and he got away with it.

Max Kleinerman
is in the United States

in Los Angeles,
an executive working

in your company.

It was something he saw,

something he heard
at the office.

As if...

As if the sky were about
to fall down on him.

When he came home from work,
I was startled.

I told him he looked
like he'd seen a ghost.

All he could say was...

was, "Yes, if the dead past
is a ghost,

I've seen it."

How long ago was this?

Two weeks.

Mr. Mason, my husband
hasn't been the same since.

He hasn't slept;
he jumps at noises.

He keeps looking behind him

as if someone were about
to reach out and grab him.

Mrs. Merrill, exactly what
do you want me to do?

I think something in his past
has caught up with him,

and he plans to... to...

To leave you?

That...

or he plans to commit su1c1de.

Your husband and I
are strangers.

I'm an attorney,
not a psychiatrist.

He must think you can help him

or he wouldn't be
coming to see you.

I saw the notation on his desk.

That's why I came early.

He has an appointment
with you this afternoon.

What time was that, Della?

: , Harlan Merrill,
Space Research.

That's my husband,
Mr. Mason, Harlan Merrill.

BARLOW:
Harlan? Mr. Merrill?

Oh, I beg your pardon,
Mr. Barlow.

I should like the sale
of the American Division

of Space Research Associates Ltd

to be a smooth
and orderly transition.

This, I suspect, will require

the fullest cooperation
of everyone.

Harlan, you and our treasurer,
Mr. Fillmore,

will have the financial
records ready.

How soon will the bonding
company's accountants

finish the audit
on that shortage, Emery?

I would say by the end
of next week, Cliff.

Fine.

Now, our plant supervisor,

Buck Osborn.

Arthur Hennings,
chief engineer.

The production staff of the new
company will be in on Monday.

Yes, Miss Gibsone?

There's a gentleman waiting
in Mr. Merrill's office.

He says it's important.

Excuse me, please.

Miss Dunbrack, on the matter
of the security checks...

All the executive
checks are in,

down through
the departmental foreman.

Good.

Now, before I forget,

for those of you who signed up
for the retreat tonight,

the weekend schedules are ready.

I'll have traveling
directions available

for anyone who needs them.

Forged passport,
phony identifications to match.

The money, please.

Bon voyage, Mr. Smith.

Hey, wait a minute.

These papers, are they...

Good as gold, Mr. Smith.
Good as gold.

In the birth of new citizens
of the world,

I'm an expert midwife.

You'll find
the birth certificate in there

is a work of art.

Good luck.

Oh, excuse me.

Only take a minute
of your time, Mr. Merrill.

I'm getting up some material

on the w*r background
of the company's executives.

Where did you serve,
Pacific?

I'm sorry...
Or was it Germany,

Normandy,
Battle of the Bulge?

I'm very sorry but there's
an important meeting.

They're waiting for me.

Perhaps we can
discuss this later.

Excuse me.

Mr. Merrill?
Yes.

How do you do?
I'm David Gideon.

How do you do?

Uh, your receptionist
was good enough to suggest

that I wait in
the law library.

I hope you don't mind.

No, not at all, sir.

Uh, Mr. Mason was unexpectedly
detained in court,

will be for an
hour or so.

He asked me to
apologize for him.

He'll be back as
quickly as possible.

Well, I-I... I can't wait.

I haven't got time.

Well, I'm sorry, Mr. Merrill,
but the delay was something

Mr. Mason really
couldn't help.

Look, uh, Mr. Gideon,

I'm gonna have
to go away tonight

and I'll be gone
for a long time,

and there's some things

that I must absolutely get done
before I go.

Do you suppose
you could help me?

Me?

Well, I'll do whatever I can,

but I'm not a practicing
attorney yet.

All right.

Look, here's a complete
list of my assets--

property, insurance,
securities.

I want everything put in
my wife's name right away,

just as if I were
never coming back.

Well, there's no
problems with that.

There are regular
transfer instruments.

Of course, you need
your wife's signature.

No, no, without
her knowing.

Oh. Oh, that's different.

Uh... Well, in that case,
you'd need quitclaims

deeding your interest
in real property.

And on the insurance,
you'd have to cash the policies

and buy securities,

listing your wife
as legal owner.

And on securities, that...

No, look, that would
take days, weeks.

I told you,
I haven't got time.

I must be gone by tonight.

Oh. Yeah, well,
there's still a way.

A power of attorney
in Mr. Mason's name.

He could do all of it
for you acting on your behalf.

Could we, uh,
do it right away?

Well, yes, yes,
I suppose so, sure.

If you'll wait
in the next office,

I'll have it drawn up
in a few minutes.
Good. Thank you.

I'm very sorry,
Mr. Mason,

but if I had known
about his wife,

I certainly would have kept
him here until you got back.

But he was in such a hurry,

he was almost, well,
almost desperate.

This was a mistake, David.

You mean I was wrong about
the power of attorney?

No, not wrong.

If that's the way he
wanted his problems handled,

this is fine as far as it goes.

"As far as it goes"?

I must have a letter
of instructions with it.

Specifically detailing
his desires and intent.

But he told me.

And you told me.

Now, suppose he changes
his mind.

Suppose there are
prospective heirs

or other interested parties

who'd want to contest
these actions.

We'd be legally responsible
and liable. I see.

Your next appointment
is waiting.

Did you get ahold of Paul?

No, he's out on
another case.

But he's supposed to call in,
in an hour or so.

Mr. Mason, please,
all this is my fault.

Maybe if I hurry, I can catch
Mr. Merrill before he leaves

and get that letter.

All right, David, catch him.

But bring him back here,
I want to talk to him.

As for the letter,
I know you meant well,

but just for the time being,

suppose you leave
the practice of law to me?

What do you say, legal beagle?

Yes, sir.

Thanks.

(door opens, closes)

HARLAN:
"Tonight. : . Here."

(door opens)

Mr. Merrill.
What do you want?

Sorry, sir,
but I've got to talk to you

about that power of attorney.
Forget it.

Forget it.
I said forget it.
Oh, no, see,
Mr. Mason wants to talk...

Please, Mr. Merrill,
you don't understand.

It's very important...
I'm gonna take care of that.

I'm gonna take care
of it myself tonight.

Don't try to stop me!

Della, David.

Is Mr. Mason in?

When will he be back?

No, no, no,

I'll come back to the office
and wait for him there.

All right, bye. Thank you.

* *

Oh, it's you.

Well, of course it's me.

Well, wait a minute,
where are we?

Is this some sort
of a resort hotel or what?

Resort hotel?

No, this is
the St. Francis Retreat.

A small group of us from
the office come here regularly

on weekend retreats.

You haven't been
with the company long
or you'd know about it.

Then it could be any of you.

What?

What's wrong with you, Harlan?

Look, may I stay here with you,
Mr. Barlow?

There's nothing I can do
about it, Harlan.

You'll have to speak
to Father Paul.

He's the superior.

Go inside and take
the stairs to the left.

Good luck.

Mr. Merrill, you're here
for the first time.

Most of the men
making the retreat

have been here before.

It's an experience
they look forward to,

has a great deal
of meaning for them.

I'm sure you wouldn't want

to spoil it for them
or for yourself.

You're of a different faith.

But for the next hours,

you'll be like most
of the rest of them

in the chance
to stop and take

a sort
of personal inventory,

to think
instead of to speak.

find a little rest
for the body,

and if we're lucky,

maybe a little tonic
for the soul.

Mr. Barlow will be
your retreat captain.

I'll see that a room
is prepared for you.

Thank you, Father.

Mr. Merrill, we never did get
to talk about Germany

and the Battle of the Bulge,
did we?

(bell clangs)

BARLOW:
The dinner bell.

Just a reminder,

after dinner, except
for the Franciscan fathers,

we're not permitted
to speak with anyone

for the balance
of the retreat.

Remember,
no talking, gentlemen.

(footsteps approaching)

It'll be :
in a few minutes, Mr. Merrill.

Time for lights out
and bed.

I was gonna look
for you, Father.

I-I wanted
to talk to you.

That story you told me
to get in here,

a little less
than the truth, wasn't it?

I'm sorry. I...

That bad?

Oh, I've...

I've fallen so low,

dug a hole
for myself so deep

there's-there's
no place to go.

I knew a man once who had
an amazing philosophy.

He always used to say if you dig
straight down,

you'll reach the center
of the Earth.

Keep on digging, you continue
in the same direction,

but now you're climbing up.

Up from what to what?

From fear, Mr. Merrill,
possibly to hope.

Oh, not what-what lies
behind me.

The past doesn't have to make
the future impossible.

Unafraid...

courage to face the impossible.

No, Father, your St. Francis,
hair shirt or no,

did not have to face
the living hell that faces me.

They had to cauterize his eye.

Sear it with a white-hot iron

lifted from the fire.

I'm sure he was afraid,
Mr. Merrill.

But they say that he
smiled and spoke softly,

"Brother fire, God
made you beautiful,

"strong and useful.

I pray you'll be
courteous with me."

(bell clanging)

Lights out.

I'll go pack
and leave.

Oh, you don't have to go.

Would you still say that,
Father, if you knew

that I came here to k*ll a man?

Sleep well, Mr. Merrill.

Hey, what are you doing?!

I don't know
what's going on here,

but remember where we are.

DRAKE:
You know what road this is

and where that exits,
don't you, Perry?

St. Francis Retreat.

GIDEON:
A man runs away
to a retreat.

A desperate man
knowing someone is
ready to expose him

either removes himself
by running away

or else runs
to that someone

if he knows who
that someone is...

And removes him.

(tires screech)

MASON:
He dead, Paul?

Yeah. Is this
Harlan Merrill?

No. He's a well-known
newspaperman.

His name's Lawrence Vander.

Your client, Mr. Merrill,
fought with Vander

and said he came here
to k*ll a man.

All right, Mr. Mason,

suppose this unfortunate death
were not accidental.

You spoke to Merrill?

Do I think he's a m*rder*r?

Mr. Merrill's a funny sort
of paradox.

A man who believes
he's deeply in debt,

knows he can't pay his debt,
yet goes on and on

hoping to pay
it anyway.

You're describing a man

obsessed with guilt
about his past.

Yes, Mr. Mason.

Regardless of what Mr. Merrill
might have been in the past,

I was not describing a man
who is a m*rder*r now.

MASON:
Hello, Andy.

Father Paul, this
is Lieutenant Anderson
of Homicide.

Lieutenant.

Father. Perry.

Father Paul,
I'll take my men away

in just
a few minutes,

but I'm afraid
I'm gonna have to leave

some plainclothesmen behind.

They have orders to stay
out of everyone's way.

We'll be back Monday
when the retreat is over.

Thank you, Lieutenant.

That's very considerate.

I would like to talk
to the men from Space Research,

away from everyone here
on the retreat,

if that's possible.

Very well, Lieutenant.

ANDERSON:
Arrangements
have been made

at the conclusion
of the retreat

to escort you all
back to the offices
of Space Research.

We will see you there
and talk to you then.

You may as well know now...

we've discovered from notes
in his suitcase

that Lawrence Vander
was a newspaperman

on the trail of
a long-missing

n*zi w*r criminal.

Someone he believed was
one of you five men.

Secondly, Lawrence Vander
did not die accidentally.

He was dead
before he fell.

m*rder*d.

David, where did you find this?

On Mr. Merrill's desk.

The second sheet
of a pad.

Someone used
the top sheet
to draw a map.

The impressions
went through.

Someone else was clever
enough to use graphite dust

to make those
impressions legible.

That's how you got here.
How we got here.

And someone was careless enough
to use this second sheet

to write you a note.

I don't know what
you're talking about!

"Merrill, the
deadline is past.

You didn't pay.
Now I talk."

I'm gonna have
to turn this over

to the police.

Do you understand
what that means?

Mr. Merrill,
I can't help you

by illegally
suppressing the truth.

But I can help you

by seeing that the
truth is brought out.

Now, you were
being blackmailed.

Yes.
By Lawrence Vander?

Oh, I don't know.

I, uh...

There were four notes
like that, just like that.

The first two were just,
well, nasty notes

that said that somebody
knew who I was

and then... the third one
ordered me to take $ ,

out of the company's safe

and-and-and leave it
at a certain place.

And did you?

No, I... I couldn't.

That's when I decided
to disappear, run away again.

And I came to your office

and I met Mr. Gideon.

The fourth note, this one?

I found it on my desk
when I was clearing it off.

The impressions were deep
and I...

The blackmailer
had been careless.

You thought you could find him

and put an end
to the blackmailing

for good.
Yes.

By k*lling him?

No, Mr. Mason,

I-I swear I didn't k*ll him.

Why were you being blackmailed?

I can't tell you that.

Who are you?

Mr. Merrill,

if I just know the truth,
I can help you.

Mr. Merrill?

I was an American officer
in Germany.

And in the Battle of the Bulge,

my outfit was run over.

No sleep for days and nights.

They were coming at us
from everywhere, and I...

I panicked and ran
and deserted my men

and left them there to die.

I-I was running down this road.

There was a rolling barrage
coming behind me

and the bursts
were getting closer and closer

and... I fell off the road
into-into this field,

then came the expl*si*n.

When I came to,

my dog tags had been clipped
and...

I was laying there
in a field of dead men.

And I was marked the same
as the rest of them.

Your name?

Lieutenant Philip Kuyper,
First Lieutenant, Infantry.

- - - - - - - ,

Army of the United States.

(sobbing)

Merrill, or Kuyper,
stayed hidden in France.

Then, after the w*r,
he left the country

on a tramp steamer
and jumped ship in Mexico.

And then he crossed the border
back into the United States

and started a new life
with a new name.

And then about a month ago,

Space Research hired him
here in Los Angeles.

A man like Merrill must've found
it hard to live with himself.

Knowing that he had
run away like that.

Well, looking at him and
listening to him, you just knew

that he had d*ed inside
a million times since then.

Perry, something's puzzling me.

The inconsistency
of the blackmail?

That puzzles me, too.

Well, Vander couldn't
have known the truth.

He must've thought that
Merrill was the missing n*zi.

Merrill, aware of his past,

allowed himself
to be blackmailed,

to be pushed into running away.

But the blackmailer
was completely fooled.

He thought he had Kleinerman.

Then Barlow, Osborn,
Hennings or Fillmore--

one of them must be the n*zi.

And the m*rder*r.

Sure, if Merrill isn't both.

Mr. Drake, you're
absolutely sure

of that name, serial
number and organization?

Absolutely, Colonel.

Then there must
be some mistake.

The story you told me is
backwards, completely false.

What?

These are authenticated
division records.

Lieutenant Kuyper
didn't abandon any platoon.

Quite the contrary.

He showed extreme heroism

by running out in face
of enemy fire

to bring back a
wounded soldier.

Oh, no.

What's more,
we have eyewitness statements

from two of his own men,
both of whom survived,

who saw Philip Kuyper

k*lled in action.

Mr. Merrill,
would you come inside, please?

You, too, Perry.

Thank you, everyone,
for your help.

Sorry if we inconvenienced you.

You're free to go now.

Mr. Merrill, I
think you know

why I couldn't let you
go with the others.

One moment,
Andy.

Are you aware that
Harlan Merrill claims

he is not the n*zi
Lawrence Vander was looking for?

Perry, we know
who Harlan Merrill isn't,

and we know who he is.

Are you also aware

that a bonding company
is auditing the books

because $ ,
may have been embezzled

from Space Research
Associates?

Not $ , , Perry.

$ , .

$ , of which
we found carefully hidden

in Harlan Merrill's suitcase,

in the trunk of the car

in which he obviously
planned to run away.

Mr. Merrill,
you're under arrest

for the m*rder of
Lawrence Vander.

Death was due to composite
occipital fractures

inflicted by three

penetrating blows
of a jagged rock

on the head
of the victim.

There was direct laceration
of the cerebellum.

Contrecoup lacerations
of the undersurface

of the temporal
and frontal lobes

with massive
subdural hemorrhage.

Doctor, I show you now,
this rock,

marked People's
exhibit three,

which was found by the police
on the rosary path

above the road where the body
of the deceased was discovered,

and I ask if you
have examined it.

Yes, sir.

We found on it blood,
skin tissue and hair

matching that of the decedent.

The shape of the rock
exactly matches

the destructive markings
of the penetrating wounds.

The wounds themselves contain
mineral traces identical

with the material composition
of the rock.

This was the m*rder w*apon,
Mr. Burger.

Thank you, Doctor.

BURGER:
Now, Mr. Barlow,
let me get this straight.

You said
that Lawrence Vander

was not doing
a magazine article

about Space
Research Associates.

That he admitted to you
that he was actually searching

for a notorious
long-supposed-dead

former n*zi
named Max Kleinerman.

Is that correct?

That is correct.

Vander stated that the n*zi
had assumed a new identity

and was actually one
of the executives of my company.

BURGER:
I think that'll be
all, Mr. Barlow.

Thank you, sir.

Your witness.

MASON:
Mr. Barlow,

did the decedent tell you
why he believed Kleinerman

was an executive
of your company?

Yes, sir.

Vander was on assignment
in Berlin when he learned

that Max Kleinerman's
wife had d*ed.

He went out to her place

and accidentally stumbled
across a letter she'd received.

From Kleinerman.

Did he show you
that letter?

Yes.

Did the letter say
where Kleinerman was,

what he was doing,
who he was?

No, not... not exactly.

Even though the contents

proved it was obviously written
by a husband to his wife,

the letter was unsigned.

A rather moving statement by a
man who had found for himself,

at least, religious
peace of mind.

It had reference to a series
of talks with a Father Paul.

It was postmarked the same zone
as the St. Francis Retreat.

MASON:
So, Vander must have
investigated all the people

that participated
in those retreats.

Yes.

The only organized
group at the retreat

that weekend of the m*rder
who had been there

before Max Kleinerman's
letter had been postmarked,

was a group of Space
Research executives.

Mr. Barlow, aside from
the weekend of the m*rder,

had the defendant
Mr. Merrill ever been

at even one
of those retreats?

Why... why, no.

No, he was new
to the company.

That was the first retreat
he ever attended.

I see.

That's right.

Lawrence Vander had
access to the files

and studied them
at his own request.

I show you
an authenticated photocopy

of a security check report
on one of the executives

of Space Research.

I ask if you can recognize it,
Miss Dunbrack.

Yes. It's a copy
of the security check

on Harlan Merrill.

I put the original of this
in the files about an hour or so

before Lawrence Vander
went through the files.

Then it's possible

that this particular report
was removed from the files

before it was even seen

by any of the executives
of Space Research.

Yes.

BURGER:
Aside from this report that
you're holding in your hand,

was there anything unusual
in any of the reports

on any of the executives
of Space Research?

No, sir.

Would you mind
reading this report

to the
court, please?

"Impossible to grant clearance
to subject Harlan Merrill.

"Birth place, school
records fictitious.

"No verifiable material

further than years back
in subject's life."

BURGER:
Thank you,
Miss Dunbrack.

I think
that'll be all.

Mr. Fillmore, we heard
from a previous witness

that Lawrence Vander had access
to the company files.

That he may have taken
the defendant's records

from those files.

Did Lawrence Vander know
about the money embezzled

from Space Research
Associates?

Yes, sir, he did.

He overheard me telling
Mr. Barlow about it,

but he promised to keep it
as confidential information

until after the bonding company
had finished their audit.

BURGER:
But did he ever ask
you any questions

about the stolen money?

Yes, sir, he did.

Knowing that I was
treasurer of the company,

I had access to the funds
and the books of the company.

He wanted to know if
there was any other person

that had such access.

And what did you tell him, sir?

Well, I told him there
was one other person,

the assistant to
the controller,

Mr. Harlan Merrill.

Mr. Harlan Merrill,
the defendant,

in whose car $ ,
of that stolen money was found.

Thank you,
Mr. Fillmore.

That'll be all.

The two of them were fighting--

Harlan and the dead man.

Oh, I separated them,

then I went back to bed.

Thank you, Mr. Osborn.
That'll be all.

Your witness.

No questions.

JUDGE:
You may step down,
Mr. Osborn.

I call Arthur Hennings
to the stand, please.

That night, the evening talk
so stimulated me,

I was unable to sleep.

It was late, past midnight.

I went downstairs
to the library for a book.

The doors
to the patio were open.

I could hear what sounded
like two angry voices outside.

There was an outcry.

Then silence.

I saw a man coming away
from the rosary path.

He stopped, tossed something
into the bushes,

and then rushed away.

I was curious.

I went down to see what it was
that he'd thrown away.

It was the rock that was used
to k*ll Mr. Vander.

And who was the man,
Mr. Hennings?

The man who threw that rock
into the bushes

and then ran away?

It was the defendant,

Harlan Merrill.

He had no right to do it.
I don't care what anybody says.

Who had no right
to do what, David?

Burger producing a
surprise eyewitness

like a rabbit
out of a hat.

Are you suggesting
Mr. Hennings

should not have been
permitted to testify?

No, no, not that,
but we should have...

you should have been
informed before the hearing.

Burger acts as if the
two of you were enemies

instead of officers
of the court,

both trying to
discover truth.

Not enemies, David--

adversaries.

When both sides
properly prepare a case,

the adversary system
can effectively guarantee

the revelation of all the facts
bearing on an issue.

The more experience
you have with it,

the more you'll find it
a surprisingly scientific method

of trial practice.

Well, in my humble opinion,
Mr. Mason,

you're a courtroom genius,

but where are you going to find
a rabbit to pull out of a hat?

(door opening)
Right
over there.

DELLA:
Perry?

Reports
from Paul Drake's office.

The material on all the
Space Research executives,

plus another wire
from Mr. Drake himself.

Has he located
the two eyewitnesses

the colonel spoke of?

Just finished talking
to the first,

flying to Florida
to see the second.

What did the first
man have to say?

He confirmed
the colonel's story.

Said he personally saw

Lieutenant Philip Kuyper
k*lled in action.

I... I don't understand.

It's not a question
of understanding,

but of facing
the truth.

Paul Drake spoke
to an officer

in the historical section
of the w*r Department.

Records were
carefully searched.

An eyewitness
was interviewed.

But I'm Philip Kuyper.

Philip Kuyper is dead.

Well, there-there must be
some mistake, Mr. Mason.

I-I'm telling you the truth.

In court,
you heard a responsible,

God-fearing witness swear
that he'd seen you

at the scene of the crime
disposing of the m*rder w*apon.

I told you,
I'm telling you the truth!

Now, if you think I'm a liar
and a m*rder*r, all right!

Harlan!

With whom are you angry?

Oh, I don't know.
I don't know.

Myself, I guess.

And it's not anger.

It's-it's-it's shame
and disgust.

I'm sorry I talked that way...
to you, Mr. Mason.

I...

I know you did
the best you could.

Hearing's only
half over.

Why the past tense?

Past tense.

The past has a way of becoming
the present, doesn't it?

When I ran away,
I borrowed from the future.

Books have got to be balanced.

The bill is long overdue, and...

...I got to pay it.

By...

dying for a crime
you didn't commit?

You sound like
you actually believe me.

Look...

whoever you are,
whatever you are,

you're entitled to a fair trial.

You're entitled to counsel
of your own choice.

As your counsel, I regard
every bit of evidence,

no matter how devastating,
in the light of the assumption

that you are not guilty,

and will never be guilty

until the verdict of a jury
can be affirmed

by the highest appellate court
to which your case can be taken.

Harlan...

that overdue bill--

maybe we can get
an extension.

Extension of time?

Mr. Merrill's
creditor is himself.

The conscience deep
down inside him.

Man with a conscience

is a man
who can be helped.

You know,
Mr. Merrill's story

is very much like
another story I know.

This is the story of a young man

who used to love
to laugh and sing.

One day, he decided to go off
and fight in the w*r.

He made quite a show of it,
leaving to fight.

You might almost say
he had a brass band

to see him off.

Did he prove
to be a coward?

Mostly, I guess,
in the eyes of his neighbors.

You see, a short distance
out of town, he got sick.

Desperately sick.

He crawled back into town,

oh, a figure,
a ridiculous figure,

in everybody's eyes.

And in his despair,
he prayed?

Yes, he prayed, Mr. Mason,
and found an answer.

The church he was praying in
was a dilapidated ruin.

He decided himself
to rebuild that church.

Did he?

In a funny sort of way, yes.

He was caught stealing materials

from his own father
to rebuild the church.

Now the poor boy was even more a
source of ridicule than before.

Not just a phony and a coward,
but a thief.

Sick, despised,

disowned, discredited.

But that's not the end
of the story.

No. I guess, actually,
it's the beginning.

You see, in his shame
and degradation,

the laughing, singing boy--

whose name was
Francesco Bernardone--

found himself.

The world now knows him
as St. Francis of Assisi,

the founder
of our Franciscan order.

Father Paul...

you know the true identity
of Max Kleinerman, don't you?

We deal with men here

on a confidential basis,
Mr. Mason.

Don't pry, please.

But you know the man's heart.

I'm not after his name,
just your opinion of him.

I'm afraid that leads

in the same direction,
doesn't it?

You opinion as to whether or not

he might reveal
his own identity,

the fact
that he was a former n*zi.

I don't understand.

If I make it clear
to this man in court

that his continued silence

may cause an innocent man
to go to the gas chamber,

would he then reveal
his true identity?

At the close of yesterday's
testimony, Mr. Hennings,

you made a startling
and unexpected statement.

That with your own eyes

you saw the defendant
dispose of the m*rder w*apon

at the scene
of the m*rder.

Yes, sir, I...

I saw it from the porch
outside the lounge.

MASON:
Let me ask you a
simple question.

Is there any doubt in your mind,
any doubt at all,

that Harlan Merrill

k*lled Lawrence Vander?

Seems rather
a strange question.

I told you what I saw.

Isn't it possible that when
you saw the m*rder w*apon,

you visualized the whole
sequence of events,

so that in retrospect
the defendant only appeared

to have thrown something away?

No, that's not
what happened.

Couldn't you have been
honestly mistaken

in having seen him throw
the m*rder w*apon away?

In, uh, seeing him
on that path?

I was not mistaken.

And I'm just as positive
I'm not mistaken.

The defendant swears
he's innocent.

And, Mr. Hennings,
I believe him.

All right.

Let's try once more,
Mr. Hennings.

Could there have been
certain circumstances

which made it necessary
for you to claim

that you saw the defendant
on the path that night?

I have no idea what
you're talking about.

Well, isn't it true,

that if Mr. Merrill
were guilty,

it would have solved
a problem for you?

Look at the defendant,
Mr. Hennings.

That man is not
a m*rder*r.

"Grant that I may not

so much seek to be loved
as to love."

I'm sure you know
this portion

of St. Francis' prayer,
Mr. Hennings.

"For it is in giving
that we receive,

"it is in pardoning
that we are pardoned,

"and it is in dying

that we are born
to eternal life."

Mr. Hennings,

you have the life of
Harlan Merrill in your hands.

Now,

did you see him throw
that rock away?

Did you see him
on that path?

No.

Very well, you lied.

Why?

'Cause I was afraid.

I was afraid to face the truth.

I'm not afraid now.

I'll take what comes.

Lawrence Vander
was looking for me.

My real name is Max Kleinerman.

(gallery murmuring)

JUDGE (tapping gavel):
Quiet.

Quiet in the
courtroom.

Proceed, Mr. Mason.

Did you k*ll
Lawrence Vander?

No.

Do you know
who did k*ll him?

No.

Between the discovery
of the m*rder

and the time you told your story
to Lieutenant Anderson,

were you contacted
by a blackmailer?

Yes. There was a note
in my suitcase

as I packed to leave
the retreat.

MASON:
What were the contents
of that note?

HENNINGS:
Someone knew who I was

and would expose me unless
I told that story

about seeing Merrill on
the path with the rock.

Now please, Mr. Mason,

I honestly thought
Merrill was guilty,

or I would not have lied.

Believe me.

Who sent you that note?

I don't know.

Your Honor, at this time,

I should like to recall Miss
Winifred Dunbrack to the stand.

Are you married,
Miss Dunbrack?

No, I'm a widow.

I use my maiden name.

Keeping company
with anyone?

No, I'm afraid not.

Never had a date
with Buck Osborn?

DUNBRACK:
Oh, yes.

Yes, just once.

Mr. Barlow?
No.

Mr. Merrill?
No.

Emery Fillmore?
No.

No, Miss Dunbrack?

Santa Barbara, three months ago?

San Diego, two
months ago?

Ojai, one month ago?
Shall I go on?

Well, yes, we have been
seeing each other.

We kept it a secret.

You see, we plan to be married.

That's very interesting.

May I ask what you plan to do
with the wife

and two children
Emery Fillmore now has
in Virginia?

In discussing
your marriage plans,

that little fact apparently
slipped his mind.

Miss Dunbrack,

Lawrence Vander did not take the
security file as you suggested.

You took it.

Now, to whom did you
give that file?

I gave it to Emery Fillmore.

My wife and I have
been separated

for seven years, Mr. Mason.

Divorce is out of
the question.

I'm afraid that the
idea of a marriage

existed only in
Miss Dunbrack's imagination.

MASON:
Giving you Mr. Merrill's
security file

didn't just exist
in her imagination,

did it, Mr. Fillmore?

FILLMORE:
No, it wasn't.

I asked for that.

Harlan Merrill had only been
with the company a short while,

when he mentioned a place that
he had visited in East Germany.

And then later, when I asked
him if it was during the w*r

that he was in Germany,

why, he almost
became frightened,

and swore up and down

that he'd never been
in Europe in his life.

Well, I forgot about
the whole incident

until I heard Vander
telling Cliff Barlow there

about his search
for the missing n*zi.

So, you put two and two together
and decided to, uh,

get Mr. Merrill's file
from Miss Dunbrack.

What then?

Well, nothing as far
as I was concerned.

I gave the file
to Vander.

And was it then you told him

about the money you believed
Mr. Merrill had embezzled?

Oh, yes.

And I was right about that, too.

They found $ , of the money
in his car, didn't they?

Are you a, uh, wealthy man,
Mr. Fillmore?

Hardly.

Most of the money I make goes
to take care of my family.

I keep out just barely
enough to get along on.

Ever heard of a company
called Bruce Electronics?

Why, yes.

That's a little ol' company
I organized a long time ago.

But it's inactive.

Completely inoperative.

Completely inoperative?

Except that it owns , shares
of Howts Milling Company,

which in turn has a brand-new
$ million parts

contract with
Space Research.

A contract you were
responsible for approving.

Well, I...

, shares
at ten dollars a share--

the exact amount of the
still missing $ , .

Now, you embezzled that money
hoping your anticipated profits

from Howts Milling would
enable you to return it

to Space Research
before it was missed.

What upset your plans,
Mr. Fillmore?

The sale of the Space Research
American Division

and... the audit.

Practically had
one foot in prison.

You needed someone on whom
to place the blame.

Along came Vander...

looking for a missing
former n*zi.

And right at hand was the only
other person with access

to the money and to the books.

A man with a past he was hiding.

Conveniently perfect,
wasn't it?

But... well,
I thought Merrill was the n*zi.

So you sent him
anonymous letters,

hinting at his past,
frightening him.

Then you tried to blackmail him
into stealing.

But it wasn't the money
you wanted, was it?

No. No. No.

I wanted him to steal
from the company,

then he would get caught.

But Mr. Merrill wouldn't steal.

So you decided to frighten him
into running away.

And just before you sent him
that last blackmail note,

you stole another $ ,

and hid the money in his car,
did you not?

Well, yes, yes, yes, yes.

But I... but-but I sent Vander
an anonymous note

telling him about the money.

But Merrill went after you

instead of running away
from you.

And Vander became suspicious
when Merrill showed up

unexpectedly at the retreat.

What happened that night

when Vander confronted you
on the rosary path?

Well... nothing.

What happened that night when
Vander suddenly confronted you?!

Well, nothing.

Nothing.

Except...

well, he told me that he knew
that Hennings was the n*zi.

That he'd figured out that...

that I was blackmailing Merrill,
because I had stolen the money.

And he threatened to expose me
to the police.

I offered to make a deal
with him.

Buy him off, give him my share
of the stock, anything.

Any kind of a deal at all!

And then he knocked me down
and I picked up a rock and I...

And then I figured

that when I threw him over
the cliff into the road

that everybody would think
it was an accident.
Sit down, Mr. Fillmore.

Well, everybody should've
thought it was an accident!
Sit down, Mr. Fillmore!

If everybody had've thought
it was an accident,

they would've...
they would've... they...

Oh, I'm so sorry.

Why didn't the security check
show something wrong

with Hennings' background--
show that he was Kleinerman?

Well, like so many others
in the h*tler regime,

he hedged against
ultimate defeat

by carefully planning
his escape in advance.

He painstakingly created a
new identity for himself

in England, where
he previously

had spent years
going to school.

Mr. Mason, would you arrange

for Harlan to surrender himself
to the authorities,

and represent him
at his trial?

Now, Perry?

Paul.

Uh, this, Mr. Merrill,
is the second eyewitness

to the death
of Lieutenant Philip Kuyper.

Lou.

Lou Kouffman.
Yeah.

Hiya, Lieutenant.

I... I thought
you were k*lled.

I-I thought
you were all k*lled.

I-I ran away.

Sure, Lieutenant,
we all ran away.

Including you.

But you ran the other way,
right toward the Germans,

to pick up
Corporal O'Connor.

He was wounded.

Uh, don't you
remember?

Well, you picked him up

and just then a
mortar burst hit.

We saw it.

We saw the two of you
blown through the air.

Gosh, we-we figured
you were both dead.

Harlan, you suffered shock
and concussion

in that mortar blast.

When you came to,
all you could remember was

that you'd been running.

And in your dazed condition,

running meant
just one thing.

For more than years,

you've been living a lie
you created in your own mind.

Paying a debt
that didn't even exist.

Welcome home,
Mr. Philip Kuyper.

(theme music plays)
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