09x08 - The Case of the 12th Wildcat

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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09x08 - The Case of the 12th Wildcat

Post by bunniefuu »

[STATION BELL RINGING]

Salinas, five minutes.

BURT:
Ellen.

Ellen, come back here.

I did what I had to.
You've gotta go along with me.

No, N-O.

That's my answer,
and it's not gonna change.

Ellen, come back here.

Burt, you scream at Ellen,
she never hear you.

It's not "Burt," it's "Mr. Payne.”
It's not "Ellen," it's "Mrs. Payne."

- And butt out of my business.
- Burt, I know better than you Ellen.

You know,
I promised myself that sometime,

somehow, I'd eat breakfast
or go to scrimmage

or hit the road

or get plastered without you hanging
over me or slobbering over my wife.

- Oh, Unk, have you got a dime?
- Yes.

Thank you.

[INAUDIBLE DIALOGUE]

Operator, this is urgent.

I wanna make a collect call
to a Mr. Perry Mason

at his residence in Los Angeles.

Ellen, there is not much time.

Five after .
Train leaves in a few minutes.

WOMAN [OVER PHONE]:
This is the supervisor.

I'm sorry, we're not permitted
to give out unlisted numbers.

But, operator, this is an emergency.

WOMAN: If you'll give me
your name and number,

I'll try to contact Mr. Mason
and have him call you back.

I'm Mrs. Burt Payne, Ellen Payne,

Operator, I'm in a train station
in Salinas.

There's no time for him
to call me back.

WOMAN: I'll try to reach Mr. Mason
and see if he'll speak with you.


No more time.

CONDUCTOR: All aboard,
for Paso Robles, San Luis Obispo,

Surf Santa Barbara, Ventura,
Oxnard, Glendale and Los Angeles.

All aboard.

[BELL RINGING]

CONDUCTOR:
Aboard!

WOMAN: Ms. Payne, Mr. Mason
will speak with you.

MASON:
Hello, Ellen?

Ellen?

Ellen.

[TRAIN HORN BLARES]

Milk?

Well, how about that.

Real Wildcats.

Jud, take a look at the team
that's leading the league.

Wildcats?

You're a bunch of pussycats.

Tame, purring,
milk-drinking pussycats.

That'll give you an idea
what the rest of the league is like

if these jokers can head the league.

Burt, old buddy,
why don't you make everybody

all goosepimply happy
and just drop dead?

"Ha-ha-ha."

Two-platoon powder puffs.

Back when I used to play ball,
we used to go out there

and we busted our head
and our guts for minutes.

We had a coach
that'd get us so fired up--

Where are you going, coach?

Haven't hit a soft spot, have I?

The only reason I don't toss you
through that window is because,

ha, heaven help me,
I feel sorry for you.

You and your whole team
of pussycats

couldn't make one man big enough
to take me on.

You make me sick.

You've been sick ever since

when they took away
your football uniform.

Nothing's gonna get you well

unless somebody could make you
years younger,

give you some muscle
to take the place of that lard,

maybe get a crowd to send up a cheer
for good old Piledriver Payne.

- You shut up--
- No.

Don't make the mistake
of swinging at me, Burt.

I'm younger than Unk
and I'm bigger than Andy

and I've got a lot less patience
than your wife.

You really are a sorry slob.

For Ellen's sake, I hope somebody
puts you out of your misery.

DOCTOR: My wife nailed me
for a PTA meeting tonight.

- You lucked out.
- You know it.

- Hi, Ellen.
- Come on in.

Doctor, may I see you
for a minute please?

Sure.

Doctor, I've never willingly taken
a pill in my life.

But I'm just exhausted.

I'll give you something
that'll help you sleep.

Now, you take, uh,
two of these tonight.

If you need them next week
before the game, try one at bedtime.

- Don't worry about it. I use them.
- Thank you very much.

Casey, I'm looking for Burt.
Is he around?

He's in the lounge car lapping it up,
where else?

Right now, Casey,
he's over his head in trouble.

He makes his own trouble.

Ellen, look, I'm the coach
of the Wildcats.

I can make myself take it
when Burt sits on the bench

and tells me what plays to run next.

And I can make myself take it when
he books train reservations

and only tells us at the last minute,
but I...

I can't make myself take the way
he treats you.

Please, Casey--

- You have to know how I feel about--
- Not now.

Ellen, honey,
I've been wanting to talk to you.

If Casey don't mind, I'd be obliged

if you'd give me, uh,
maybe five minutes?

Andy, you could talk Notre Dame
into kicking on first down.

[ALL CHUCKLE]

I'll meet you in the lounge.

Oh, and Casey,
it's gonna be all right.

It's taken me a long time,
but I know what I have to do now,

and I've made up my mind to do it.

Listen, honey, you and me,
we've been cat-fishing partners

for a long time, ain't we?

- To our deal.
- Oh, I'll drink to that.

And practically anything else.

Hey, Ski.

Ski, do you know my old fight song?

- No, I don't, Mr. Payne.
- Ski, I'm gonna teach you.

[SINGING]
Down the field our team is marching,

Forward to the fray

[SKI PLAYING HARMONICA]

Victory to our alma mater

Cheer the Blue and Gray

I'm no pup no more, Ellen.
I was when I got married,

and that was nine years
and five kids ago.

And I ain't saved cents.
I don't know what I'm gonna do.

Andy, Burt's not gonna fire you.
That's the liquor talking.

No, he says he's made up his mind.

When we get to Los Angeles,
he's gonna drop me like a hot potato.

He can't.

Down the field our team is marching

Forward to the fray

Victory to our alma mater

Cheer the Blue and Gray

Now, everybody sings.

Down the field our team is marching

Forward to the --

What's the matter?

Can't you sing? Oh, you're pros.

Spirit doesn't count, huh?
All you're interested in is a buck.

Casey, would you and Unk
get him to bed, please?

You and me have to talk, partner.

Casey, get him to take these.

Now...

- Your husband tell you why I'm here?
- He didn't have to.

When I received this telegram
from league headquarters

saying that somebody wanted
to buy percent of my team,

I knew who it was,
that you were still after Burt's interest.

Well, not me, the man I work for.
Harvey Skeen.

I have always made it plain
that I'd never sell.

And I'd never approve
of Burt selling his percent.

- So why are you here?
- You haven't changed your mind?

Why should I?

- That lousy no-good four-flushing--
- Wait a minute.

You mean Burt told you
I had changed my mind,

that I approved of him
selling out to you?

And he got me to stick my neck out
miles with Harvey Skeen, heh.

I even brought the money in cash
like he wanted.

You just don't do that with Harvey.

- One goof like this and--
- What are you going to do?

I'm gonna get to that drunken slob
you call a husband

before they can
get those pills down him.

I'll get some straight answers
if I have to shake his head off.

Oh, and, uh, you can be sure
of one thing, Mrs. Payne.

Burt is gonna pay for this,
not me.

[EXPLODES]

- Lieutenant--
- Hmm?

He says he's a friend of yours.

Good morning, Steve.
They have you covering fires now?

Well, I could ask you
the same question, Perry.

- You know the deceased?
- The deceased?

- Who? Where's Mrs. Payne?
- No, it's not Mrs. Payne.

It's her husband. She's standing
over there taking it pretty well,

considering this is a grisly mess.

They told me at the L.A. Station
there'd been a fire. That's all.

Well, it seems the train
was five minutes out of Glendale

when all at once
there was a big flash,

and the whole drawing room
went up in flames.

Stopped the train, they put out the fire.
They went in and found him.

- Accident?
- Could be. A little too early to know.

- Some kind of a chemical fire.
- Was that the extent of it?

No, we found that in addition
to Mrs. Payne's dead husband,

there was a missing passenger.
It may mean something, it may not.

He's, uh, Judson Warner,
age , , black hair.

- I've got an APB out for him.
- Finished with the pictures.

- Ready to wrap it up here, lieutenant.
- Listen, I think I'll take one more look.

- You mind, Steve?
- Sure, come on.

The fire inspector said
it went up like that.

- Where was the corpse?
- In the lower bunk.

From what we can piece together,
Perry,

the victim must have been drunk.

He could have dropped a cigarette
on the chemical.

His jewelry, cuff links,
tie clasp, belt buckle

was protected to some extent
by his body.

All found with the remains?

Hmm, what little there was
is gone to the morgue.

The chemical fire caused
the primary damage.

We don't know for sure how much
loss or displacement was made

by the high-pressure hoses,
but for all practical purposes,

all we have to work with
is the personalized jewelry.

Why would anyone keep flammable
chemicals in the drawing room?

I don't know, but I'm gonna find out.

Perry, two weeks ago
I never heard of Judson Warner.

What happened two weeks ago?

Well, that's when
the phone calls started coming.

At first my secretary took them.

Then he began making threats,
so I agreed to talk to him.

What kind of threats?

He said that Burt was
in some kind of difficulties,

that damaging publicity could attract
attention of the league,

and, ahh, well,
that's when I should have called you.

There's no point in worrying about
what you should have done, Ellen.

Just give me the essence
of what he told you.

He said he represented
International Enterprises,

that Burt wanted to sell his ten percent
interest of the Wildcats to them,

that they had made a down payment.

But Burt couldn't dispose of
his interest without your approval.

ELLEN: And I told Warner
that I wouldn't agree to it

under any circumstances.

Then why did Warner show up
in the train?

He said that Burt had assured him
I had changed my mind,

that I would agree to him selling
his interest to Harvey Skeen.

He even brought the cash
to pay Burt.

Your husband must have realized
Jud would want it confirmed by you.

So how could he have hoped
to complete the deal?

I don't know. Burt was...

I guess he just hadn't figured it out
that far ahead.

Maybe that's why Burt got so drunk,
because I wouldn't go along with him.

In a way that k*lled him.

[SOBBING]

In a way I was responsible.

Perry, she's on the ragged edge.
She should rest.

- Ellen--
- You didn't know Burt

when we were in college.

Before the gambling,
before the drinking,

before he got to be
a rich woman's husband.

MASON: I understand what you're
going through, Ellen.

- I'll talk with you tomorrow.
- Thank you, Perry.

Oh, like you say last week,
I clean up your father's workshop.

Mr. Mason I know long time.
He is friend of your father.

Yes. Oh, one thing more.

Did Lieutenant Drumm ask you if you
knew Warner prior to last night?

- No.
- Hmm, just remember that he will.

UNK:
I show you out.

Remember, Ellen, get some rest.

[PHONE DIALING]

Yes.

Yes, they just left.

All right, can we be alone?

Perry, looks like I'm keeping
just one step ahead of you today.

- That's the way it looks.
- A coincidence, of course.

Of course.

I'm here on business
for one of my clients.

I'm sure you are.

And I'm sure
you'll find it all very interesting.

I have.

I'd like to see
Mr. Judson Warner, please.

My name is Mason, Perry Mason.

Mr. Skeen is taking
all of Mr. Warner's calls.

Did you check Vegas?

How do you know, you idiot?

Now, when he gets there,
I wanna know it, before the police do.

Moron.

[INTERCOM BUZZES]

Yes?

RECEPTIONIST [OVER INTERCOM]:
Mr. Perry Mason for Mr. Warner.

Uh, send him in.

- Mr. Mason.
- Yes?

- Mr. Skeen will see you now.
- Thank you.

Mr. Skeen, my name is Mason.
I'm an attorney.

I know that. State your business.
I'm a very busy man.

I'll give you five minutes, no more.

MASON:
Good morning, Mr. Skeen.

SKEEN:
Uh, what is your beef?

I have no intention of being timed
like a three-minute egg.

Ha, all right, Mason,
what do you want?

I'm interested in what you want,
the Wildcats.

Sit down, Mr. Mason.

Tell me, do you represent
the Wildcat organization?

Let's not shadow-box, Mr. Skeen.

We can acknowledge that the sparring
is a draw and go on from there.

I represent Mrs. Burt Payne.

Then you know there's a matter of -,
maybe $ , I expect to recover.

Mr. Skeen,
how well did you know Burt Payne?

Well enough to dislike him.

When did you first approach him about
the sale of his interest in the team?

Well, he approached me.

A mutual friend brought him around
about five or six weeks ago.

Payne had dropped over $ , and
the boys were getting tough on him.

He needed money. Big money.

You're not gonna tell me
you handed him $ ,

when you knew he had
to have his wife's approval?

And that every owner in the league
would have to agree to the sale.

You're not going to tell me
you trusted a perfect stranger?

I wouldn't have trusted Burt Payne
with a $ bet.

But I was willing to take my chances
for league approval.

What about his wife's approval?

Burt agreed to deliver that

if Jud could deliver an additional
$ , to him in cash last night.

Did you hear from him in person
or only through Warner?

Yeah, I thought of that.

I got it from Jud.

You don't expect to recover $ ,
in cash from my client

on the basis of what you've told me?

I have a contract, Mr. Mason,
signed and notarized.

Burt Payne agreed that if he failed
to get his wife's okay,

or if I failed to get league approval,

he would pay a percent penalty
and return the down payment.

I'll admit that's not a bad bargain.

I don't make bad bargains,
Mr. Mason.

Unless the police find Judson Warner,
you have made one.

Or are you as anxious as I am
to have the police find him?

Give yourself five minutes,
Mr. Skeen.

Think about that.

Get me Andy Grant.

Harvey Skeen started
as a hod carrier.

He built International into a business
doing $ million a year gross.

He's a tough customer, Perry,
but his record's clean.

Anything on Judson Warner?

Yeah, he's, uh, Skeen's manager
for sports acquisitions.

He makes $ , a year
and spends , .

He's in hock up to his ears.

He spends a lot of time in Vegas
and the ladies love him.

Perry, I--

Mr. Mason,
they take her away, Ellen.

The police,
they come to the practice field

and they won't talk to me,
they won't talk to coach,

- they won't talk to nobody.
- All right, Unk.

Now settle down.

Now, what was she doing
at the practice field?

She won't say nothing.
She's frightened like little girl.

And so I say to her,
"What they are going to do to her?"

She just shake her head.

And I stand in front of car
so she can't go away

and the police tell me
that Ellen k*ll Burt.

How about a statement, Mr. Burger?

Today's successful prosecution
marks

our third narcotics conviction
this month.

And this is just the beginning.

That's my pledge to the people
of this city.

REPORTER:
What about the Payne m*rder case?

Did you get a confession
from Ellen Payne?

No comment.

- Campaigning already?
- No comment.

Get yourself some coffee
and we'll talk.

It is a great day for me, Perry.

You know, I feel so good today
I don't think I could say no to anyone.

I have a feeling, of course,
that you're about to break the spell.

Hamilton, I want you
to release Ellen Payne.

Needs sugar.

Oh, come on, Perry.

You know I have more than enough
to show that Ellen Payne,

with or without an accomplice,
k*lled her husband.

Burt Payne's death
was certainly no accident.

Judson Warner is the key
to this case.

All right, and when we get
Judson Warner, I'll act on that.

At the moment
I happen to have Ellen Payne.

She had no reason to run,
but Judson Warner did.

Judson Warner had to have
left that train at Glendale

before the fire started.

Sure, he could have slugged Payne,

could even have spread
the chemical around.

But he needed an accomplice
to set off that blaze,

an accomplice who was also able
to get volatile chemicals

into the drawing room.

Now, what more logical accomplice
than your client, Ellen Payne?

She had a running battle
with her husband.

And so had half a dozen others.

And she and Judson Warner were,
shall we say, more than friends?

- What do you mean?
- I mean they were alone, together.

At a motel
just a few days before the m*rder.

[CHUCKLES]

Perry, you know perfectly well
you didn't come in here

seriously expecting to get me
to release your client.

Well, I guess I'm getting mellow.

Now when defense counsel
comes to me

and tries to pump me for information,
I let him squeeze out a little.

- Did you k*ll your husband?
- No.

Then why are you behaving
as if you did?

Why is the district attorney
giving me information

I'm unable to get from you?

Perry, I've told you everything.

- Don't lie to me.
- I'm not lying.

MASON: Why was it you could
hardly wait for me to leave

before you drove
to the practice field?

ELLEN: Well, Casey wanted to talk,
to figure out a plan.

MASON:
An alibi?

A lie the two of you could agree on?

ELLEN: He only wanted to help.
I didn't go along with him.

MASON: You must have
a better explanation than that

for your relationship
with Judson Warner.

There was no relationship.

The district attorney
thinks there was.

He can prove you were together
with Warner in a motel

a few days before the m*rder.
I know. I checked.

Now, the police already
have their answer:

You went there to meet with
your husband's k*ller.

ELLEN:
That's not true.

I went there
because Jud Warner insisted.

Unless I agreed to meet him there,

he threatened to go to the league,
make a scandal in the newspaper.

Do you think in my position
I wanted to go there?

I knew how it would look.

I took Unk with me.
He waited in the car.

- Perry, what more can I tell you?
MASON: Everything you know.

Every relationship, every detail,
every nuance.

This isn't a football game, Ellen.
You lose this one, you lose for keeps.

The chemical used in the drawing
room was a peroxide catalyst

that burns rapidly
and ignites with intense heat.

It's odorless, tasteless
and inexpensive.

It's available in small quantities
in drugstores, hobby shops

and about a million other places.

Hi, Della.
These guys, uh, bothering you?

If they do, sergeant,
I'll call a policeman.

- I'm your man. Gentlemen.
- Ha-ha-ha.

With a connection like that, you can
take care of my parking tickets.

Not connections, Paul.
Just beauty and charm.

Now, where were we?

I was about to give you the dope
on the motel.

Judson Warner made the reservation
for his meeting with Ellen Payne.

The interesting thing is that the same
motel was used for other meetings

with Harvey Skeen, Burt Payne
and Andy Grant, the team announcer.

- Who made the reservations there?
- A fella named Stuart James.

- I'm checking him out now.
- Anything on Casey Banks?

Everybody loves the coach.

He has a case on Ellen Payne,
and he hated Burt Payne's guts.

CASEY: Let's run the nine pass
this time. Hit McKeever.

Okay.

Hardly keep my mind
on football game.

Mr. Mason,
what if I told the district attorney

that Ellen and I were
in my compartment,

sat up all night and talked?

- Is that the truth?
- Who's to say if it's the truth?

The important thing is,
I feel Ellen didn't do it.

What you feel doesn't matter.

The truth, the truth that will stand up
in court, that's what matters.

But I want to help her somehow.
I've got to.

The kind of help you wanna give will
only help you into a perjury conviction

and Ellen into the gas chamber.
Now, just forget it.

Just answer my questions.

- Do you know a Stuart James?
- No.

MASON: Had you ever seen
Judson Warner before Sunday night?

CASEY: No.
- Ever hear his name before?

Andy Grant
may have mentioned him

when he told me that Burt Payne
had dropped a bundle in Vegas.

You see, Mr. Mason,
Burt was betting against the Wildcats.

Well, we've hit every place
from Harvey Skeen's hotel

to the Vegas dives
and just can't seem to connect.

Finding a bookie in Vegas should be
as easy as finding gold in Fort Knox.

Sure.

I'll check the Chamber of Commerce
directory under bookmakers,

find one who took bets
for Judson Warner

and see if he'd mind testifying
he makes book for a living.

Ha, ha. I detect a wee bit
of sarcasm there, Paul.

Anyway, Perry flew up to Oxnard
just as soon as you left for Vegas,

and, uh, he's riding the train back
through Glendale to Los Angeles.

Good. Tell him I'll keep in touch.

Wait a minute, Paul. He just came in.
You can tell him yourself.

- Yes, Paul?
- No leads here yet.

But my man in Oxnard is digging
in the direction you gave him.

Good.

If the k*ller left Glendale,
he must have had transportation.

I may have something
from another direction.

Remember Stuart James,

the character
who reserved those motel rooms?

Well, one of my men checked
in San Pedro.

A Stuart James has booked passage

on a South America-bound
freighter Sunday night.

Oh, Stuart James again.

I've got a man on the prowl for him,
but without a description it's rough.

I'll call you as soon as I have anything.
So long, Perry.

I'm gonna tell you gentlemen
just once more

that I will not stand for personal
exchanges in this courtroom.

Proceed, Mr. Burger.

BURGER: Mr. Skeen, will you please
tell this court

when you last heard
from Judson Warner?

Well, he called me from Salinas

just before he was gonna
get on the train

to make the deal
with Mrs. Payne's husband.

Fact is, he laughed.

Said she was standing outside
the phone booth then.

Well, he had reason to laugh.

He was about to take off with
, in cash, my cash.

And to the best of your knowledge

had Judson Warner
ever met Mrs. Payne before?

SKEEN: A couple of weeks ago.
It was in a motel.

Now, Mrs. Frye, you testified

that as soon as the defendant arrived
at your motel,

she went straight to the room
occupied by Judson Warner.

That's right. She went in
and closed the door after her.

- And did you see her again?
- Oh, yes.

She was there about
half an hour or so,

and then I went to check
an adjoining room

and the door opened she came out,

and I could see
Mr. Warner propped up

on the bed with his coat off,

and he called out after her,
"Come back soon, partner.”

"Partner,” that's what he called her.

And then right after that
the lady, uh, the defendant,

told, uh, Casey Banks to get
her husband to take them pills.

And, uh, she gave him
the whole bottle.

The bottle was nearly full.

Doctor, in all the years
you've known the defendant,

has she to your knowledge
ever taken sleeping pills before?

Well, no.

And yet last Sunday night,

only a few hours
before her husband was m*rder*d,

she asked you for sleeping pills?

Objection. No proper foundation laid.

No evidence that the decedent
took any sleeping pills.

Oh, I'll withdraw the question.
Cross-examine, Mr. Mason.

Doctor, did Mrs. Payne ask you
for a full bottle of sleeping pills?

No, she didn't,
but seeing how tired she looked

and knowing the strain
that she'd be under

during the week prior to a playoff,

well, I gave her enough
to carry her through.

Well, the train was just out of Salinas,
and, uh, Ellen and Casey,

they was on a platform talking.

Now, will you tell this court, please,

what you heard the defendant say
at that time.

No. No, sir, I won't.

- Your Honor?
- The witness is directed to answer.

But, judge, Your Honor,
when the district attorney and me

was chewing the fat the other day,
I had the notion I could help Ellen.

But now he's trying to turn
everything inside out,

and it ain't coming out at all
the way I wanted.

Or did the defense counsel
possibly suggest to you

it would be more helpful if you
didn't tell us what the defendant said?

Your Honor,
the district attorney's predilection

for baiting counsel
has reached a point.

Mr. Burger, because of
the close personal relationship

between the defendant
and the witness,

I have given you a great deal of leeway
by declaring this witness unfriendly.

However, the allegations
that you have been making

have no place whatsoever
in these proceedings.

Now, I'm warning you,
and I hope for the last time,

- I will not tolerate any more of it.
- I apologize, Your Honor.

You will answer the question,
truthfully, and in your own words.

[SIGHS]

Well, Ellen said to Casey,
she said, uh...

"I know what I've gotta do,
and I'm gonna do it."

BURGER:
Thank you, sir.

Mr. Grant, what was the relationship
between yourself and the decedent?

Burt had a mean streak a mile wide,
always fighting with somebody.

But I worked at getting
along with him.

Were you working at it
when you introduced him

to the right people in Las Vegas,

when you helped bail him out
by taking him to Harvey Skeen?

When you pretended to the defendant
that you didn't know Judson Warner?

Objection, Your Honor.
Counsel is badgering the witness.

I withdraw the question.
Tell me this, Mr. Grant.

Is it not a fact
that on the night he was m*rder*d,

the decedent told you
he was going to fire you

when you got back to Los Angeles?

GRANT: You don't k*ll a man
just because he's gonna fire you.

MASON:
Answer the question, please?

Well, he threatened to, but, uh, then
he'd doing that off and on for a year.

Mr. Grant, did he on that night
tell you he was going to fire you?

Yeah. Yes, sir, he did.

Yes, I was in the drawing room
with Burt Payne earlier,

right after we pulled out
of San Francisco.

I didn't notice
anything out of the ordinary.

Mr. Banks, I call your attention
to People's Exhibit .

I ask if you saw a bag
similar to this in that drawing room.

BANKS:
Yes, I did. It was on the seat.

And you didn't think
it was out of the ordinary?

- No, sir.
- Why not?

Well, when Ellen's father was alive,

he used a lot of it
for preserving butterflies.

He bought it in a hobby craft store
in San Francisco.

I guess Ellen...

Just happened to buy it there
and just happened to put it on the train

and just happened to have it
in that drawing room

where it just happened to be available
for an accidental fire.

- Objection.
JUDGE: Sustained.

Mr. Burger, there's no jury here,

and I'm certainly not impressed
with these tactics.

I apologize, Your Honor.
Cross-examine.

Mr. Banks, did you see
the defendant purchase the chemical?

No, sir.

MASON: Did you see her carry
that pound bag aboard the train?

No, sir.

Now, you said it wasn't out of the
ordinary for that chemical to be there.

In other words,
there were other occasions

when you've known that chemical
to be purchased in San Francisco

- and brought back to Los Angeles?
- Yes, sir, that's right.

One time, uh, last year when
Ellen missed a San Francisco trip,

I picked some up for her.

The owner of the hobby craft shop
there was a friend of her father's,

and since Ellen took up
her father's hobby--

That's all, Mr. Banks, thank you.
No further questions.

Lieutenant Drumm,
would you please describe for us

the sequence of events that night on
the m*rder train after it left Glendale?

Well, at : , the train pulled out.

At : , according to
the conductor's testimony,

he had a conversation
with Mr. Hazekian

in front of the closed drawing room.
No evidence of fire at the time.

At : , the fire was discovered.

At : , the two cars were on
a siding and under surveillance

by the Los Angeles
Police Department,

and at : , they were boarded by

the Los Angeles Fire Department
and sealed.

Now, Lieutenant Drumm,
was it possible, in your expert opinion,

for the missing Judson Warner
to have left that train

after the fire was set

and before those two cars
were sealed off by the police?

No, sir, the man had to get off before
the train left the Glendale station.

Thank you, Lieutenant.

Cross-examine.

Uh, one moment, please,
Your Honor.

Your hunch on the car rental
was right.

The man who reserved the motel

and reserved space
on the freighter out of San Pedro

reserved a car just last week

to be picked up
early Monday morning in Glendale.

Stuart James.

Lieutenant... Lieutenant...

No questions at this time.

Now, let me be sure
I understand you, Mr. Hazekian.

Is there something bad
with my English?

No, not at all, sir.
I simply want to review your testimony.

You say that you accepted delivery
of the bag of chemicals

before the train left San Francisco,

that the package was given to you
by the parcel service

and that it was addressed
to Mrs. Burt Payne.

UNK: That's right.
- Perry, I did not order that.

BURGER:
All right, Mr. Hazekian.

Now let's go on to the other events
of that Sunday night.

Where were you after you
and Coach Banks

assisted the decedent, Mr. Payne,
to retire, to go to bed?

I know what means "retired.”

I was with Ellen.

I talk, she talk, I talk, she...

Just like when she was little girl.

I see. But was it customary
for Mrs. Payne

to spend the night away
from her husband?

- No.
BURGER: Well, all right, then,

she broke with her usual custom
that Sunday night, didn't she?

Now, you say you were with her
and didn't leave her?

Yes, I stayed.

BURGER:
Except, for that brief period of time

you've already told us about.

You testified that you left the car
in Glendale

to look for the conductor
because the lights were out.

- Now, who told you to do that?
- Ellen.

How long would you say
you were gone, in all?

- Maybe only ten minutes.
BURGER: Ten minutes?

But that's more than enough time
in a deserted car

for a man to arrange that accident
and then leave the car unnoticed.

And even after the train had started,

there's more than enough time
for the accomplice of that man

to drop a lighted match
in that drawing room

and then return to her own where you
then joined her, isn't that correct?

Objection, Your Honor.

It's obvious that the district attorney
is not only leading the witness,

but calling for a conclusion.

JUDGE:
Objection sustained.

Cross-examine.

I'm interested in the problem
with the lights.

Tell me, as well as you can remember,
exactly what happened.

We are in Glendale train station.

The lights go out. I wait.

They don't go on.
So I go look for conductor.

Did he return to the car
immediately?

He came after train start,

and, uh, then we go to box
where is circuit breaker,

he push breaker
and, uh, the lights go on like "poof."

Your Honor,
I'd like to recall Lieutenant Drumm.

I'm sorry, Lieutenant Drumm.

I don't believe your answer
was quite clear.

Well, I'll be happy to repeat it,
Mr. Mason.

We made a complete check
of the chemical origin

from the phone order received
by the supplier

to the residue found on the carpet
of the train aisle.

Did you determine
the properties of the chemical?

For instance, what would ignite it?

Why, a match would set it off.

What about a spark?
Would a spark set it off?

I don't know, Mr. Mason.

It may. It may not.

All right, let's try a little experiment,
lieutenant.

Now with Your Honor's permission,

will the bailiff pull the circuit-breaker

controlling, uh,
this part of the courtroom?

JUDGE:
Bailiff.

BURGER:
Your Honor, I object to this.

Mr. Mason is simply taking off on
another of his grandstand exhibitions.

Overruled. I want to see this.

Proceed, Mr. Mason. Uh, Bailiff.

Now that the power
to this lamp is off,

I'm going to insert these keys

and I'm going to put the
peroxide catalyst on the keys

and across the asbestos.

Now will the court reporter
read back

that portion of Mr. Hazekian's
testimony relating to what happened

after the lights went out,
the conductor returned to the car,

and the train was underway?

[CLEARS THROAT]

Uh, "We go to box
where is circuit-breaker.

He push breaker.

The lights go on like poof."

Now, would the bailiff
please connect the circuit-breaker?

[ALL GASP]

Lieutenant, is it possible that after
the decedent was immobilized,

Judson Warner spread the chemical,
removed a bulb from a lamp socket,

and then when the train
was still in Glendale,

could the k*ller without help
have pulled the breaker,

stepped back into the drawing room,

dropped the decedent's keys into
the dead socket and left the train?

- Well, I don't, uh--
MASON: One moment, lieutenant.

And then when the train
was underway again

and the conductor closed
the circuit-breaker,

couldn't something similar
to what just happened here

have happened in that drawing room
where the decedent's body lay?

Could it have happened that way?

Well, ah, it's possible.

No further questions.

A wire from Paul.

Your Honor,
since the prosecution's case rests

on the demonstrably false assumption

that the defendant helped
Judson Warner off the train

and started the fire--

Your Honor, the prosecution's case

does not rest on
any single assumption, Your Honor.

And the prosecution is not impressed
by Mr. Mason's parlor tricks.

Mr. Burger,
it isn't necessary to shout.

I'm sorry, Your Honor,

but I will resist any motion
by the defense for a dismissal

based on an exhibition
of legerdemain and fireworks.

If the district attorney would
allow me to address the bench,

my intention is to request
a continuance of this case.

A continuance?
On what possible grounds?

Your Honor, earlier today I received
information which reinforces

what is admittedly my theory
of how the m*rder was committed.

By Monday I feel I can bring this
evidence to the attention of the court.

Well, ordinarily I don't like to grant a
continuance in a preliminary hearing.

However, I can't see where my refusal
would further the cause of justice.

You have the weekend
to get your evidence together.

Yes, Your Honor.

JUDGE: This case is continued
until Monday morning at : .

[BANGS GAVEL]

What evidence
could he possibly get?

Maybe he's found Judson Warner.

Put a tail on Mason.

[AUDIENCE CHEERING]

My friend, the bookie,
is supposed to deliver

under the scoreboard
at the peristyle end.

If he's holding $ , bet
for the man

who calls himself Stuart James,

I think our Mr. James
will be there for the payoff.

There's gonna be a payoff
if the Wildcats can hold.

[CROWD CHEERING]

[SCREAMS]

[BOTH LAUGHING]

Ladies and gentlemen, our boy
Homer Adams pounced on that ball

like a catfish going
after a mudflat worm, ha, ha.

Now get going, Paul.

If he shows, we'll grab him
and get him out of here.

We'll try to recover the money
and call you as soon as we're set.

- We'll be at the--
- I don't wanna know.

I want the money and the story
before the police get there. Good luck.

[ALL CHATTERING]

I've lost Mason.

- Have you spotted Drake yet?
MAN: No, sir.

Radio them to close.

[POLICE SIREN WAILING]

Well, you've finally gone too far,
counselor.

Well, Hamilton,
imagine finding you here.

But why the posse?

You're under arrest.

You're charged with conspiracy,
obstructing justice, aiding a fugitive.

- How's that for a start?
- You know better, Hamilton.

Perry, I'm gonna ask you once more,
where is Judson Warner?

And I'm gonna tell you once more
I don't know.

- Does Paul Drake have him?
- Before you answer, let me warn you,

if you lie, I'll have you before
a committee of the Bar Association

and I'll have you in court
Monday morning.

DRUMM:
Easy, Hamilton.

Is Judson Warner being held
by Paul Drake, Perry?

No.

WOMAN [OVER INTERCOM]:
Call on for Mr. Mason.

- Hello?
- Uh, Perry, we're all right.

We found our man and more money
than we've even been able to count.

Let's have the address.

Good work. See you soon.

If you two promise not to open your
mouths for the next minutes,

let's take a little drive.

Your Honor, this crime was
committed by only one person,

a man alone, desperate.

A man who planned
every move in infinite detail,

who saw a chance to escape
with a windfall in cash,

who like every gambler had to take
one more plunge to get even.

He had no accomplice,
only greed and fear.

Your Honor, I move for the dismissal
of the charges against Ellen Payne.

She could not have been
involved in m*rder,

the m*rder of a man
who is not dead.

[AUDIENCE CLAMORING]

I'm toasting myself

because my missus just told me

Number is due
come training-camp time.

[ALL CHEER]

MAN: Congratulations.
WOMAN: Congratulation.

And I make a toast
to all the Wildcats.

I'd ask Paul to make a toast
but, uh, he learned his in the Marines.

Heh, Della, your beauty is surpassed
only by your good judgment.

I pass to Perry.

All right, a toast to the things
for which there are no substitutes:

good friends, happy days,
and victory.

Heh. For myself and for Casey
and for all of us

to Mr. Perry Mason,
the th Wildcat.

[ALL CHUCKLE]
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