06x28 - The Case of the Witless Witness

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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06x28 - The Case of the Witless Witness

Post by bunniefuu »

Now, to the political news.

Attention focused this morning
on the pre-convention caucus

meeting in the Los Angeles Hotel

to select nominees
for the slate of state officers.

Of particular concern is
the nominee for the office

of lieutenant governor.

Most experts agreed the shoo-in
for the job was the man

who has unsuccessfully sought it
for the past years,

Victor Kendall,
publisher of "The Clarion."

But a sudden dark horse
has loomed into contention.

The feeling in informed circles
is that the party needs

to create a new image,

an image of unshakable
integrity.

Will that new image take
the form

of the most highly respected
judge in the state,

Judge Daniel Redmond, of the
District Court of Appeals?

To make men pay for faults
they have not committed

is an extension
of a legal fiction

that was wrong
/ centuries ago

when the doctrine just exploded
full-flower on the scene

as an axiom of common law.

I think it was wrong then.

I find it no easier
to accept today.

Judgment is affirmed.

Court adjourned.

Mr. Mason,

I'm sorry your first experience
in my court was a losing one.

You argued well.

But unfortunately
you argued the wrong law.

Candidly, Your Honor,

I think as little of the legal
precedent you cited

as you did of the one I cited.

If "Jones vs. Hart" was wrong
years ago,

you think "Priestly vs. Fowler"
was just as wrong years ago?

Don't you think so?

It's still the law, Mr. Mason.

Words on paper.
The oxcart in an atomic age.

As you know,
the law is more than a record

of upheld decisions.

It's a testament to the people
who created those words

I like that argument.

Use it when you have
your rehearing

before the State Supreme Court.

The State Supreme Court
has never overruled

a decision of yours,
not once in years.

I doubt if they will
in this case, either.

But there's always a first time.

Good luck, Mr. Mason.

Chalk it up to the wrong judge
on the wrong day, Perry.

What do you mean?

Well, if he had even
a remote chance

for that nomination
as lieutenant governor,

he should have heard
about it hours ago.

Pleasant or not, I think that's
really what was on his mind.

No, not Daniel Redmond.

Nothing could or would interfere

with his impartial consideration
of a case.

I'd take an oath any day
on his absolute integrity

and devotion to the bench.

[Footsteps approaching]

These decisions need
your signature right away.

Thank you, Marian.
I'll sign them in a minute.

That law symposium

at the University of
San Fernando Valley--

write them I'll be free
to attend and participate.

But you were holding off
until you found out

whether you were going
to get the nomination.

They can set their own date.

Marian,

at best that nomination was only
a one-in-a-million long-sh*t

that didn't come in.

It didn't mean that much to me,
not really.

- [Door opens]
- Yes, sir.

Mr. Torrey, you've come
from the caucus. Have they--

Congratulations!

Mr. Nominee
for lieutenant governor!

Aren't you going
to say anything?

Nothing to say!

It didn't mean that much to him,
not really.

Mr. Weston, let me commend you
on your conduct

as a witness this past week.

The area of m*llitary contract
negotiation is a complex one.

Your understanding
and cooperation

have been of inestimable help.

Thank you, Senator Deering.

All right, Mr. Wall,

suppose you continue the questioning.

Senator Deering, I ask permission
to deviate from our agenda.

Now, I've obtained some
Navy procurement information,

dating back to March of ,
that's of utmost importance.

I should like
to question Mr. Weston

about the facts involved.

Well, now, Mr. Wall,
I don't know--

Mr. Wall, does this matter
concern marine engines?

Yes, it does, Senator.

Seems to me I remember
some talk years ago

about marine engines.

They may have explained it
to everyone's satisfaction,

but where that many millions

of the taxpayer's money was concerned,

it wasn't explained to my satisfaction!

Senator Deering,
I'm sure you're going to feel

that a scandal of this nature
is rightly the concern

of every dedicated
public servant.

All right, ask the questions.

The years you spent in
Washington during World w*r II,

you were, Mr. Weston, employed
by the accounting department

of the United States Navy?

Yes, the Navy.

You were employed there during
the month of March ,

were you not?

Oh, that is...

Oh, come on now, Mr. Weston.

Specifically,
were you or were you not

employed by the Navy
in Washington in March of ,

when several million dollars'
worth of marine engines

belonging to the Navy were
fraudulently appropriated?

I know the Navy had a lot
of those engines, all right.

I don't know. That is--

If necessary
to obtain all the facts

we may be prepared
to offer you personal immunity.

I refuse to answer.
That's right!

I take the th Amendment!

A witness can't select
the questions he will

or will not answer.

Once he answers
one material question,

he waives the th Amendment.

That's not fair!

You talk about immunity,
and then you say

I can't take the th!
What is this?!

Mr. Wall, this line of inquiry
is very promising

and must, at any cost,
be continued

despite the fact
that your witness

is obviously startled
and unprepared.

Mr. Weston, I want to give you
every opportunity

to refresh your memory,

and, if you like,
consult an attorney.

This hearing stands adjourned

until tomorrow morning
at : am

Hello, Victor.

Your Honor.

A little formal, aren't you?
It used to be "Dan."

I hope you aren't going
to let politics reduce us

to a status
of painful politeness.

You expected the gracious loser

to graciously close ranks
and b*at drums for the winner?

I would have, Victor.

In the past I have, too,

when the man
who b*at me out was,

well, if not the better man,

at least a man fit for the job.

Trying to be both judge
and jury, aren't you?

So I'm not fit, am I?
I gather you think you are.

I wouldn't have permitted myself
to be considered

for the nomination
if I thought my past

could come back to haunt me.

Now, Look here, Mr. Kendall,
you can't--

It's all right, Marian.

What are you talking about,
Victor?

The Senate hearings in town.

One of my reporters
dug out the fact

that apparently these hearings
are aimed at you!

That's ridiculous!

It would be even more ridiculous
to have the nominee

for the second highest office
in the state exposed as a crook.

You said something
about my past.

What do you mean?

"The rock of integrity!"

That's what they call you,
isn't it?

Well, it's just possible

that rock has
a great big cr*ck in it,

a cr*ck of dishonor, Your Honor!

Prosecution for fraud
against the government,

for which there's no statute of
limitations, would frighten me.

I'm surprised it obviously
doesn't seem to frighten you.

Notice the look of panic
on your friend's face.

My what?

Friend.

Didn't you know him years ago?

Didn't you know him
when you were in

the U.S. attorney general's
office in Washington?

A Mr. Martin Weston?

Weston?

You know him?

Washington, years ago.

I don't know.

There's something familiar
about the face. Something...

Marian, this Weston,

see if you can get me
his address.

I've done nothing wrong.

But I do want to find out
what this is all about.

Please, get me his address.

It's not fair.
No sir, it's not fair.

You meet a distinguished friend
you haven't seen in years

and what happens, huh?

He comes in,
and he drags a gentleman

out of his favorite bar,
that's what.

I couldn't talk to you
in that bar.

And I'm afraid you've had
more than enough to drink.

I must protest!

That's what you think,
Your Honor!

This is very important to me,

Weston.

Does our knowing each other

casually in Washington
years ago

have anything to do
with those Senate hearings

you're involved in?

You mean you don't remember?

Heh, that's a shame.

You see, there was a group of us
at a party, a very nice party,

all very refined types.

And we cheated little ol' Uncle Sam

out of a considerable number
of Navy engines.

Of course, you wouldn't
know about that, would you?

Now, look, Weston!

If you please!

Look, please,
those Navy engines...

years ago we--we were two
bright young men in government.

With...bright futures.

And...then brightness
went out for me.

That's right. I envied you.

Respect!

A good man, Judge Redmond!

A man everybody looks up to
and--and trusts.

An honest man!

The biggest crook.

You don't know
what you're saying!

Don't know what I'm sayin', huh?

That's what you think!

But I know! Heh heh.

Yes, sir, I--I know!

I got my cut, all right.

But so did you!

Weston!

Weston!

Weston!

If you're--if you're looking
for Mr. Weston,

I'm afraid he's not well
at the moment.

I saw the story in the paper.

Thought I'd talk to him.

He's drunk again, I suppose.

Yes.

It's a shame he doesn't have
your strength, Daniel.

But then few people do.

Madge!

It's Madge-- Madge Eberly!

It's only years, Dan.

For a moment I didn't think

you wanted to remember
that many years back.

Assistant city attorney

to assistant
United States attorney general,

and now a famous judge.

It's been a long road.

And lonely?

I don't know, Madge.

Perhaps at times.

Did you know that
I almost proposed to you

in Washington years ago?

Knew it, expected it,

was disappointed
when it didn't happen.

Now you know.

Madge, I...

There was even one night
at a party,

you tried so hard to impress me
with your romantic ardor

that you spent over an hour
discussing the finer points of,

what was it?

Oh, yes, statutory fraud.

Wait a minute, Madge.

Weston said something
about a party.

I seem to recall a night
that you took me to a party.

At Gus Sawyer's apartment,
of course.

That was the night you met
Martin Weston and Gus Sawyer.

Lobbyists are so generous.

Gus gave me a flacon
of perfume that night.

Madge, please!

That night.

It's coming back to me now.

Wasn't I talking about fraud,

talking about how stupid
some people were

in their attempts
to cheat the government?

That's right.

You were explaining it all
to Martin Weston and Gus Sawyer.

Of course! Of course!

That's what Weston
was babbling about.

A tempest in a teapot!

Was it, Dan?

Well, of course. You were there.

You know I was only answering
some questions about a case

I'd handled in court.

Do I?

What are you trying to say?

The "loner,"
the man who needed nobody--

not me, not anybody!

Are you saying
how you want help, Dan. My help?

I'm sorry, Madge.
Perhaps I'd better leave.

Dan, I'm not bitter, really.

As a matter of fact,

now that I'm a California
resident I've even opened up

my own business, a gift shop,
Dan, this week.

Now that I can,
I'll even vote for you.

Gus Sawyer, the lobbyist.

You know, I've always been
dying to ask you, Dear,

how much of a pay-off
did he arrange for you?

[Door opens]

[Footsteps]

Evening, Judge.

I heard something out here
and thought it might be you.

Quinn? Is that you, Quinn?

Yes. I couldn't locate you
at your club,

figured you might be here.
I'm glad we caught you.

- Come on in.
- We?

That's right.
Gus Sawyer's here with me.

Well, well, well.

Daniel come to judgment.

It's good, very good to see you,
Your Honor.

Get out of my chair!

Afraid I'll contaminate it?

Quinn, you know what this man
said about me once?

He said,
"Someday, Gus Sawyer's

"going to slide into hell
on the melted grease

of his own bloated evil!"

Thank you, Quinn,
you've made my day complete!

A threatening blackmailer,
an hysterical alcoholic,

a vindictive woman,

and now you bring this--this
cheap panderer to corruption!

Oh, now, Danny Boy,
take it easy.

You know something?

I'll bet they make you captain
of the debating team

up at federal prison.

- Why, you--
- Dan!

Quinn, what's--what's going on?!
What's happening?!

Don't you know yet?

I don't know
what I know any more!

The fact that one night
years ago,

I answered
a few simple questions,

something's become kind of--
of a nightmare!

Simple questions, Dan?

years ago someone devised
a foolproof scheme

to defraud the government
of a fortune.

That scheme was put in operation
and succeeded.

Everybody connected
with that scheme profited.

Everybody.

This is what Weston
is going to testify about?

Yes. How do you plan
to stop him?

Why should I?
I have nothing to do

with whatever
he's involved with!

You and only you are the one he
plans to name publicly tomorrow!

Now, you'd better stop him.

You're out of your mind, Quinn!
Name me? For what?!

Don't play games, Dan,
especially with us!

I'm the one that paid you off,
remember?

Judge Daniel Redmond!

Your appointment to the bench--

it was bought and paid for!

I called Quinn,
told him your price.

He gave me $ , .

As you might guess, Judge,

I obviously used it
where it did the most good.

Who told you I wanted you
to buy me a judgeship? Who?!

The man that's going
to crucify you

the minute he opens his mouth
and talks--

Martin Weston!

[Knocking at door]

Weston.

Weston, listen to me.
I've got to talk to you!

Immunity. That's what I said.

Immunity...

Weston, please.

Did--did you call Gus Sawyer
years ago--

You'll pay, buddy!
You'll pay, pay, pay...

Weston! Weston!

[Mumbling]

[Coughs]

Man: Won't do much good.

He's that way every night.

He usually sleeps it off
by morning.

Then he's fine, Judge Redmond.

I'm James Wall, Your Honor,

counsel and special investigator

for the United States
Senate Sub-committee

on Business and Procedure.

I wanted to speak with you,
Mr. Wall, find something out.

Well, that makes us even,
Your Honor.

Because I've been looking
for you.

Here's a subpoena,
Judge Redmond.

Suppose we talk it out
in the hearing room.

Just after Martin Weston
finishes what he has to say.

Weston: engines...

Navy engines...heh.

Fraud...

Morning, Della.

Along with your lovely face
and soothing voice,

I could use a cup
of steaming hot coffee.

Mason: Well, that was fast.

What is it, Della?

Marian Lamont, Judge Redmond's
secretary, is outside.

To see me?

She's on the verge
of a collapse, Perry.

She's frightened,
badly frightened.

Something about Judge Redmond
in trouble.

Bring her in.

Mr. Mason, please,
I must see you!

Come in, Miss Lamont.

The judge has no family

and no one that you could call
a close friend.

And I didn't know who else
to turn to, Mr. Mason.

Won't you please help?

Well, did the judge ask you
to come to see me?

No. And he'd be furious if
he knew that I came to see you.

But I had to!

I've been his secretary,
Mr. Mason, for years.

years with the finest,
most unselfish man

that I have ever known.

He should've let me go when I
had my heart att*ck years ago.

But he didn't.

Even though
it meant more work for him,

he insisted upon helping me.
And I have got to help him now.

Miss Lamont, there are certain
standards of legal behavior--

He's in trouble, Mr. Mason,
desperate trouble!

- He needs help!
- What kind of trouble?

I don't know for sure.

It has something to do
with that Senate hearing

that they moved here
from Washington.

Whatever it is that they're
trying to uncover,

I'm afraid that the judge
may be involved.

I find that difficult
to believe, Miss Lamont,

Judge Redmond and scandal.

He cancelled his calendar

and dictated letters
this morning.

The first was his withdrawal

as a nominee
for lieutenant governor.

And the second letter,
Mr. Mason, was his resignation

as a judge of the
District Court of Appeals.

Della, get Paul.

Come on, Miss Lamont.

Hi, Perry.

Good morning, Paul.

Miss Lamont,
this is Paul Drake,

a private investigator
who works with me.

It will save time
if he's with us.

He should be in his chambers.
That's where I left him.

Marian, what are these gentlemen
doing here?

I asked them to come.

Why?

I...Dan, please.

Miss Lamont was concerned.

She thought you might need
some assistance, Judge Redmond.

I appreciate her concern
and your response to it.

But I'm afraid
the effort was wasted.

I thank you anyway.
Good day, gentlemen.

I understand you didn't plan
an active political campaign,

that you intended
to remain on the bench.

I'm sure Marian unburdened
herself to you completely.

I'm tired. I'm upset.

I'm in no mood to undergo one of
your famous cross-examinations.

Even the devil
has his advocate.

I assume your case
is better than his.

That assumption
is the first step

in the unlawful solicitation
of a client!

I suggest you leave,
Mr. Mason, now.

So that you can roll over
and play dead?

Is that what you want?

You have no right to meddle!

On the contrary!

Not only a right but a duty!

A duty to maintain the respect
due the courts of justice

and judicial officers.

"Words on paper." Isn't that
the expression that you used?

Let me read you something.

Part of a decision handed down
by a very famous judge--

"Truth is found only
where dedicated men

"are free to enquire after it.

"If we refuse to fight
for the dignity of truth,

we have substituted
expediency for justice."

"Kleeman vs. Craig."

Presiding--Judge Daniel Redmond.

witnesses are prepared
to corroborate

Martin Weston's testimony,
at this moment

in a Senate hearing

that--that I planned
the fraudulent appropriation

of government property.

And that my...

my "payoff"...

was appointment to the bench
as a judge.

Is it true?

No.

All right, Paul, start digging--
here and in Washington.

Use an army if you have to.

All right, Perry.

The two letters Judge Redmond
dictated this morning--

- have you mailed them yet?
- No.

- Tear them up.
- Yes, sir, Mr. Mason.

I don't understand.

"If we refuse to fight
for the dignity of truth,

we have substituted
expediency for justice."

Did you mean that?

Of course.

If I'm going to represent you,
I'll need all your trust.

Redmond, you won't get
away with this, believe me!

Get away with what?

Weston--he didn't show up
this morning!

As a disinterested publisher
of the news, Mr. Kendall,

aren't you jumping to a
conclusion that Judge Redmond

is responsible?

You may get away
with hiding Weston

but you won't hide the truth!

Not even the great Perry Mason
can help you with that.

[Whispering]

Ladies and gentlemen,

these hearings
are temporarily postponed.

Mr. Martin Weston,

the sub-committee's
principal witness,

has just been found
in his apartment--dead!

[Murmuring]

Weston's death
is very convenient for you.

How did you arrange it?

That's a serious accusation,
Mr. Kendall.

Save it for
the courtroom, Mason.

Redmond, I'm going to ride
the police on this

until they're saddle-sore!

And if you had anything to do
with Weston's death,

I guarantee,
if it's the last thing I do,

I'll see every last dirty fact
brought to light!

You can take him.

Well, Doc?

Death by poison.

Possible su1c1de?

Always possible.
My guess is no.

It, uh, wasn't the kind of
poison most people would likely

have around the house
or have easy access to.

Well, what was it?

Can't tell for sure
until I do a post mortem.

But I'd guess morphine sulfate.

Sounds familiar.

Specific for chest pains
related to heart trouble.

Be very interesting to find out
if Martin Weston

was that severe a cardiac case.

Here. Take a look at this.
It's all right.

We've already lifted
the few prints that were on it.

Hard to tell.

We'll have to run
a chemical analysis on it.

However, it could very easily
be morphine sulfate.

We found it under the bed.

Who is Marian Lamont?

I don't know.

But I'll find out.

I keep thinking about
what Kendall said.

Is it possible there was something...

something unusual
about Weston's death?

We'll find out soon enough
if there was.

Now, did Weston say anything
to you when you went back

to see him?

Yes, he kept muttering
something about, uh,

immunity. Yes, immunity.

Then when the sub-committee
counsel showed up--Mr. Wall--

Weston said something about
"You'll pay.

You'll pay."

Your earlier visit,
after you'd seen Kendall,

Weston intimated that you'd been paid off.

Did Madge Eberly
make that same accusation?

- Yes.
- Gus Sawyer? Quinn Torrey?

They all made reference
to the same allegation of fraud.

That's all it was-- an allegation?

Now, look here, Mason!

Save the fight!

Just remember,
I'm with you, not against you.

Heh heh. I'd like to watch you
working in court sometime,

if I ever--

when I get out of this mess.

Let's go over the facts again.
years ago. Washington, D.C.

You were
an assistant attorney general.

Madge Eberly took you to a party
at Gus Sawyer's house.

Start there.

I'd just successfully prosecuted
a fraud case in procurement.

Now, as I recall, Weston was
very curious about the facts,

some of the accounting
procedures involved.

Weston was at the party.
You explained to him

the mistakes that led
to the discovery

and conviction on that fraud?

That's right. And that's all!

I merely pointed out,
in detail, the stupid mistakes

made by this man that
I'd just prosecuted!

By getting a recital from you
about what shouldn't be done,

they work out a concept
of what could be done.

Now, you had no idea
that there was a plan for fraud

or that it was about to be
put into practice?

I never dreamed of it!
Quinn Torrey says there was.

You never personally profited
from it?

How could I?
I knew nothing about it!

- You didn't call Weston?
- No.

You didn't ask him
to call Gus Sawyer

about making you a judge?

No, no, no, no!

[Intercom buzzer]

[Lifts phone]

Yes, Della.

Bring him in.

[Sets phone down]

The moment of reckoning.

Judge Redmond.

This is Lt. Anderson,
homicide, Los Angeles Police.

I'm, um, I'm sorry to interrupt.

That's all right, Lieutenant.

Your Honor, I'm afraid I'll have
to ask you to come with me.

I assume you have a warrant?

Yes, Your Honor.

The charge?

m*rder.

But...

Wait a minute.
What's this about?

The first degree m*rder of...
Martin Weston.

Mr. Kendall,
you are the publisher of

"The Daily Clarion?"

That's right.

Now, on the day before
Martin Weston was discovered

in his hotel room m*rder*d,

did you have occasion
to visit the chambers

of the defendant,
Judge Daniel Redmond?

I did.

And would you, please,
tell this court, Mr. Kendall,

what you said to the defendant
on that occasion?

I told him that I was aware
of what was to be brought out

in the course of the Senate
Sub-committee Hearings

on Business and Procedure
in Los Angeles.

And that was what?

Your Honor, I object to
the question on the ground

it assumes facts
not in evidence.

The witness is just about
to put the facts into evidence,

Mr. Mason.

Just hearsay.

The witness has
no first-hand knowledge

of the Senate committee's work.

Your Honor, this is nonsense.

The testimony of the witness
on this point--hearsay or not--

is a necessary prelude
to his testimony

on how the defendant reacted.

I object to the question,
further,

on the ground that
the information to be revealed

was obtained illegally.

Illegally?! Come on, Mr. Mason.

We're concerned
with the reaction and the intent

of the defendant
after the witness spoke to him.

I take it then, Mr. Burger,

you are asking the court--
in lieu of proper foundation--

to take judicial notice of the
Senate hearings and witness'

knowledge of those hearings?

Exactly, Your Honor!

Judicial notice cannot be taken

of facts not common knowledge
or easily verified.

However, defense will stipulate

as to the admissibility of
the evidence on one condition.

What's that condition,
Mr. Mason?

That the witness swear
he was not politically motivated

in illegally obtaining
the information and,

further more, that it was
not obtained in collusion

with the Senate committee.

Mason knows full well
that's a loaded question!

I refuse to answer it!

Exercising your privilege
as a journalist?

That's right, Your Honor.

Mr. Mason, I'm going to permit
the witness to answer

Mr. Burger's question
without regard to his source

of information.

We are concerned not with what
the committee was going to do,

but only with what defendant
may have believed

the committee would do.

Mr. Kendall.

I told Dan Redmond that the
Senate subcommittee was about

to question him in regard
to his participation

in criminal fraud against
the United States government.

Were you questioned
by anyone else

concerning what happened
that night in Washington

years ago?

Yes, sir. Counsel for
the Senate committee,

Mr. James Wall,
also questioned me.

What did you tell
Mr. James Wall?

The truth--

that I was present
with Daniel Redmond

while a plan was worked out
to defraud

the United States government.

Burger: Thank you, Miss Eberly.

Your witness, Mr. Mason.

Miss Eberly, you were present,
and you heard this plan.

Tell me--
did you also profit from it?

Burger: Your Honor, I request
that this witness be advised

of her privilege against
self incrimination!

Your Honor, may I ask the court
to clarify for me

whether or not the privilege
against self incrimination

can be invoked only for those
offenses subject to prosecution

in the same forum?

This is a state court.

Can a witness here rely on
a rule that would make possible

subsequent prosecution
in a federal court?

Your Honor, the question
the defense counsel

asked the witness goes
far beyond the area of fraud.

It lays the groundwork
for malice aforethought

and premeditation
in a m*rder charge.

Your Honor,
since the district attorney

has virtually stipulated
that the witness had a motive

for the m*rder of Martin Weston,
I withdraw the question.

And I'm finished
with the witness.

Call your next witness,
Mr. Burger.

I found this glass on
the night table beside the bed.

There was what appeared
to be the remnants of a drink

still in the glass.

What was done with the glass,
Lieutenant?

Well, the contents
were poured and sealed

for toxicological examination

and the glass itself was dusted
with contrast dusting powder

so that possible fingerprints
could be photographed.

Burger: Now, what did
the toxicological tests reveal

about the contents
of that glass?

Well, it contained--
besides water--

whiskey and traces of a drug
called morphine sulfate.

And what about fingerprints?

identifiable sets--

the prints of the decedent,
Martin Weston,

and prints of the defendant,
Daniel Redmond.

I show you now
this medicine container,

marked for identification
People's exhibit .

I ask if you recognize it.

Yes, sir. It was found under the
bed on which decedent was lying.

I notice the container
has some pills left in it.

Were they checked?

Yes, sir. Both in our lab
and with the druggist

who issued the prescription.

And with what results?

The medicine contained
morphine sulfate.

And to whom was it sold?

To a Miss Marian Lamont.

But it was picked up for her
at the druggist's

by her employer,
the defendant Daniel Redmond.

Doctor, did you perform
a toxicological examination

on the remains of Martin Weston?

Yes. Prior to his death,
Martin Weston

absorbed at least / of a gram
of morphine sulfate.

What is morphine sulfate?

An alkaloid, frequently
prescribed for pain relief

in heart conditions.

Would morphine sulfate dissolve
in a drink of, say,

whiskey and water?

Doctor: Yes.

Burger: Was there anything else
in your examination

worthy of note?

Doctor: Yes, I found
a blood alcohol level of . .

Burger: Is that regarded
as high?

Yes. Normally the person have

great difficulty
in walking and talking.

He would probably be nearing
the state of unconsciousness.

Well, Doctor, is / of a gram
of morphine sulfate

ordinarily considered
a fatal dose?

Ordinarily not.

But if a non-fatal dose is
absorbed with a substantial

amount of alcohol, the alcohol
would accentuate the effects

of the morphine sulfate,
converting a non-fatal dose

into a fatal dose.

Martin Weston
was obviously drunk

drunk almost to the point
of unconsciousness.

I stood there in the open
doorway, watching for a moment.

It didn't begin to dawn on me
then what he was doing or why.

But I watched Judge Redmond
lift Weston up

and force the liquid
in his glass down his throat!

Well, here we go. I'll start
with Sacramento first.

Memo to the State Bar,
for comment by the governor,

February , Daniel Redmond
proposed to fill a vacancy

on the bench.

Here's some capsulized reports
on Mr. Gus Sawyer,

one of the busiest men
Sacramento has ever seen!

Item--lobbyist.

Item--fixer.

Item-- heh, you name it,
you got it.

Brother Gus not only had
the weight to throw around,

he threw it.

Did you check out any of his
specific lobbies or job fixing?

I did thoroughly
and got nowhere.

Everybody
was uncomfortably evasive

about what Gus Sawyer
did or did not do for them.

Despite the fact that
he registered as their lobbyist,

one outfit denied ever knowing
dear old Gus,

much less hiring him.

All of which adds up
to one great big zero.

No, Della, zeros. But with
a one in front of them-- %

You spotted something!

Yes, I have. Washington, Paul.
Am I right?

On the nose.
There's no question.

There was absolutely nothing
in the Navy records

pointing to fraud in .

What?

It's not hard to find fraud

if you know
what you're looking for.

And they're really
tearing those records apart

back in Washington.

An hour ago,
their job was made easier.

What happened an hour ago?

I got a tip
that Quinn Torrey and counsel

paid a visit to the local office
of the federal attorney general.

Torrey's attorney must have advised him

that the truth would come out
anyway and he'd be smart

to cop some sort of a plea.

Now, I'm not sure.
But I've been told

that Quinn Torrey made
a full confession to that fraud.

Naming?

Naming Judge Daniel Redmond.

On advice of counsel,
I make the following statement.

"The night of March , ,

"I was present at the residence

"of Gus Sawyer
in Washington, D.C.,

"when Daniel Redmond
was involved in a discussion

"of a unique method of handling
marine engine procurement.

I was not..."

"I was not aware that the
method, which I put into effect,

"involved statutory fraud.

"Subsequently, purely as
a token of personal friendship,

"and in no way involved with
the procurement in question,

"I employed Gus Sawyer to
represent my company for a year.

"I paid for a mortgage due
on the home of Martin Weston.

"And... I contributed
to a campaign

"to have Daniel Redmond
appointed

to the California bench."

May the record show, please,
that on advice of counsel,

the witness
has nothing further to say.

He has said quite enough.

Your witness, Mr. Mason.

Mr. Torrey,
did you give Madge Eberly

the money to open
the gift shop she now operates

in Los Angeles?

Answer "no."

No.

Mason:
In , did Daniel Redmond

ever personally ask
for your help in any way?

[Whispering]

No.

Then how did you know he wanted,

as a token of friendship,
of course,

your help in becoming a judge?

[Whispering]

Gus Sawyer told me.

years ago, a couple of days

after that party in Washington,

Marty Weston called me--
he was all upset--

to say that Redmond hadn't told
him the complete truth,

that the procurement deal
could conceivably involve

fraud against the government.

Not that it did,
but that it could.

And I asked him what Redmond
planned to do about it.

And Marty told me very bluntly

that Redmond had stated
he'd do absolutely nothing

if he was appointed
a judge in California.

Did you tell this
to Mr. Quinn Torrey?

Yes. We talked about it
at the time.

I told him that I thought
that Redmond was bluffing.

But, well since he was
such a good friend,

why not give him what he wanted?

And did you?

Well through me Quinn made
some contributions

to certain political campaigns.

Everything strictly above-board,

with the suggestion
that Daniel Redmond

would make an excellent judge.

Obviously, these people agreed.

Very well, Mr. Sawyer.
Now, just who were these people?

Well, I never did keep records,
Mr. Burger.

It's so many years ago, I--

I just don't remember now.

How very convenient.

Cross-examine, Mr. Mason.

As a paid lobbyist, did you
report on your income tax

all the monies
that were put into your hands?

Of course not.

Only that part of it that
was mine, personal income.

How much did Quinn Torrey
contribute

toward making Daniel Redmond
a judge?

Well, that wasn't exactly--

How much?

$ , .

How much of that $ , did you
report on your income taxes?

None of it. I was under salary
to Mr. Torrey.

And all the money
was to be disbursed.

Was your contract with
Quinn Torrey an exclusive one?

No. I worked
for lot of other companies.

Including, in ,
the Arlington Industries?

I'm looking at a lobbyist
registration report

you filed that year.

Yes, I believe
I did represent them.

At a retainer of $ , .

That's right.

Is it?

I have here a deposition
from Mr. Arlington,

president of the company.

He swears he never met you,
doesn't know you,

never employed you.

Are you sure
that was his $ , ?

Well, there must be
some mistake.

When was Daniel Redmond
made a judge?

In...April of .

A month after that famous
Washington party?

Yes.

According to this notarized
and authenticated statement

from Sacramento,
Daniel Redmond's appointment

to the bench was considered
and forwarded for comment

to the State Bar
in February ,

a month before that party!

What?

The decision to appoint him
had already been made

a month before the party.
The formal appointment

and the public announcement
wasn't made

until a month after the party!

Well, I--I don't understand.

Can it be the $ ,
you reported getting

from Arlington Industries
was actually the $ ,

Quinn Torrey gave you to buy
Daniel Redmond a judgeship

he'd already been given?

Is it possible Daniel Redmond
never asked Martin Weston

to be made a judge?

Is it possible Martin Weston
never called you

and told you he had?

Is it possible you invented
the whole story

just to steal $ ,
from Quinn Torrey?

I don't remember.

Of course you don't remember!

Of course
I offered Weston immunity.

That's a normal procedure.

Besides, his part in the fraud
was minuscule

more that of a spectator,
profiting after the fact,

rather than that
of an actual participant.

I certainly didn't feel
any breach of public trust

was involved.

If his involvement
was so minuscule,

so small, so remote
from the felony,

how did you plan to induce him
to become a willing witness?

Ah, there! There were
the Navy records, of course.

Of course. But exactly what
Navy records, Mr. Wall?

Oh, now that, Mr. Mason,

I'm afraid is privileged
information.

You can't turn around in this
case without stubbing your toe

on somebody's privilege.

But I think this is one
privilege too many, Mr. Wall.

That's not for you to decide.

No, but Senator Deering can decide.

I've spoken to him.

He's ready to appear
and testify, if we need him.

Mm-hmm. I see.

Were there any Navy records?

Records mentioning
Martin Weston,

Daniel Redmond, or anybody?

Were there records even
indicating that there

had been a fraud?

Not exactly.

Mason: What do you mean by
"not exactly?"

I did have...well, a document,
a confidential report

based on an investigation
made in Washington.

Do you still have it?

No, I had to give it back.

That document gave you
all the information you needed

to question Martin Weston?

No, not all.
More or less just a statement

that a fraud had been committed.

And that it involved
Martin Weston, Daniel Redmond,

and some marine engines.

The bulky folder you referred to
during the hearings,

the one the newspaper photos
pictured you holding--

that was just window dressing,
wasn't it?

Yes. But there was enough
of truth there to warrant

the questioning.
You can't deny that!

And neither could Weston!

Weston didn't deny it
at the hearing.

Did he deny it later
when you paid him a visit?

Not really. He just...

Mason: Just "what?"

He said the document
was a complete forgery

and that he could prove it.

He laughed.

He admitted he had participated
in a fraud back in ,

And then challenged me,

dared me to produce one single
bona fide record to prove it!

Could you?

No.

So you returned
the forged document

to the person
who had given it to you.

Yes. I told him that we would
handle the investigation

ourselves from then on,
fully and completely!

And what did Mr. Kendall say?

Nothing. He just--

Mason: That's right.

The man who gave you
that forged document,

that man was Victor Kendall.

You found out about the fraud

when Madge Eberly
told you about it?

Yes.

Told you for a price!

A gift shop for her and for you,

amm*nit*on that would destroy
a political opponent.

I knew Redmond was not really
involved in that fraud,

that his appointment was beyond
any shadow of wrongdoing.

I only wanted to force him
out of the race.

years

I worked for that nomination!

Quinn Torrey came to see me
about a month ago,

with a deal for the nomination.

He warned me then that the party
was considering Redmond,

that he'd throw his support
behind Dan.

I turned him down.

Then that woman, Madge Eberly,

gave me a chance
to destroy them both.

But only with that forged report

could you've fooled Wall
into questioning Weston.

When Wall showed him the report,
Weston knew he was safe.

And when Madge Eberly
later admitted to him

what she'd told you about it,

Weston knew enough
to turn the tables.

Then he started
blackmailing you.

Yes. He--

he threatened to do to me what
I was trying to do to Redmond.

He wanted to destroy
my reputation, destroy me!

And so you stole
from Daniel Redmond's chambers

a container of pills he'd picked
up for his secretary?

I knew that...Dan knew about
Marian's heart trouble,

the medicine she took.

Yes.

Yes, I knew what those pills
would do to a man

who drank as much as Weston.

And to destroy Daniel Redmond
and to save your own neck,

you k*lled Weston.

Yes.

The Defense rests, Your Honor.

[Humming]

Hi, Miss Lamont!

Oh! Hello, Della, Mr. Drake.

Marian, we have a luncheon date
with our esteemed boss.

Have you, by any chance,
seen the gentleman?

Mr. Mason?

The same.

Of all the antiquated,
horse-and-buggy concepts of law,

that one takes the cake!

I tell you, Dan,
the fellow-servant doctrine,

in the age of workmen's
compensation law

is like Christopher Columbus
piloting a space ship to Mars!

Respondeat superior, huh?

I suppose that makes sense.
Of course.

Perry, your syllogistic
space ship just blew a tire!

Mixed metaphors!
You're fumbling, Dan,

just fumbling!

Oh, fumbling, am I?

Here. Read Holmes,
Cardozo, Meecham,

then tell me that I'm fumbling.

Well, we're back in business!
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