05x04 - The Case of the Malicious Mariner

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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05x04 - The Case of the Malicious Mariner

Post by bunniefuu »

(theme song playing)

(waves crashing,
wind howling)

(wind whistling)

Panjong, I think...

Cargo secure, Mister?

As of now, sir.

Look, Ca-Captain
Bancroft,

this shiny new coat of paint
isn't gonna fool the weather.

This tub's rotten
from stem to stern.

She needed a major overhaul

before I ever signed
on at Yokohama.

The water is shoaling.

It wouldn't take much of a coral
head to sink this rust bucket.

I know every reef and shoal
in this area, Mister.

That's how I got the owner's
bonus money for fast crossing.

Part of the crew jumped
ship at Formosa, Captain.

We're shorthanded.

May I suggest, sir,

this heavy weather has put
us a little off course.

Mr. Griffin,
I was making this run

while you were still in rompers.

If you sail as my first officer
one more time,

you'll learn that if I want
your advice, I'll ask for it.

Is that clear?

Yes, sir.

Very well.

Now lay below with Sheng.

Have him check the hold.

This cargo's worth
a million and a half dollars.

I don't want it shifting.

Below deck's all snug,
Mr. Griffin.

Yeah, small thanks
to Bancroft.

You sailed under him
before, Sheng.

Is he usually this reckless?

You excuse, please.

I lucky to have berth
of second mate.

If wish to keep, it's not wise

to talk about captain
behind back.

It's not my business
he runs ship with much risk.

Well, it is when it's your own
neck he's risking and mine.

(clattering and thudding)

I'll be all right.

Can't leave the bridge.

You've already
left it.

(clattering)

MacLEAN (over phone):
Engine Room. MacLean.

She's off, Mac.

Keep all pumps going

and get me a damage report
as soon as you can.

Give it to you right now, Griff.

She's holed bad forward
and taking a lot of water.

How far down is the hole?

Right on the water line,

but she's deep-laden
and taking every drop.

Mac, if we jettison, could we
get a collision mat on her?

BANCROFT:
Jettison?

No. No.

Command you... abandon ship.

No. No, wait.

Yeah, that's right.

Full speed ahead.
Full speed.

Shore up everything forward
of A- , and keep pumping.

He's in no shape
to command.

Captain, I'm assuming
command of the ship.

Man the lifeboats.

Man the davits.

No, wait.

Ah, my ship, my cargo.

Stand by to jettison cargo
in number one hold.

Rig out booms.

You heard me, Mister.

Stand by to
jettison cargo!

Abandon ship.

Mains... My ship.

My cargo.

You harbor pilots have a
ticklish job, Captain Lansing.

I understand you did
a pretty good job yourself.

Come right, easy.

Midship your rudder.

(ship horn blows)

Stop engines.

Stop engines.

Put out one, two,
three lines.

Put out one, two,
three lines, Mr. Sheng.

SHENG:
Lines one, two,
three out, sir.

That's well.

Make her fast.

Hold her fast
and double up all lines!

SHENG:
Aye, aye, sir.

(sighs)

Well, it's been
a pleasure, Mr. Griffin.

I hope they don't go
too rough on you.

Thank you,
Captain Lansing.

I'll try and keep
my guard up.

Right.

(ship horn blowing)

MacLEAN:
Engine room. MacLean.

Finished with engines, Chief.

We're tied up snug.

Good lad.

I'll stand ye a drink ashore.

You'll no doubt need it when
the captain gets done with you.

You've got a deal, Mac.

And, Mac,
thanks for all you did.

Ship's secure, Mister.

With your permission,

desire to wish you
luck with old man.

I don't know how
to say it in Chinese,

but, uh, I'm sure obliged
to you, Mr. Sheng.

Well, I, uh...
I'd better get it over with.

Get what over
with, Mister?

Reporting we're docked
and secured, sir.

I'm aware of that.

I told you
I wanted no part

of you or the ship
while you were on board.

Now that we're docked,

get your gear together
and get off my ship!

Captain, I only did
what had to be done.

That's your opinion.

I'm gonna make you sorry for it
the longest day you live.

(door slams shut)

Stop treating me like
a sick man, Janeel.

Nothing the
matter with me,

and I don't
need a checkup.

Well, it won't hurt
to play it safe, will it?

I've got an ambulance waiting

and a doctor at the hospital
to look you over.

Mr. Janeel's
right, Captain.
Let me help you.

You're the one
that's gonna need help

before I finish
with you, Mister.

Taking over my command.

Ignoring my orders
like I was a cabin boy.

Now, now, Captain.

Well, you won't
get away with it.

Not while I'm alive,
you won't.

I'll fix him.

You just see
if I don't.

I'll have him brought
up for mutiny.

I'll have his license
revoked so fast,

he won't know
what hit him.

For doing a job?

What does
that mean?

Well, you're forgetting
one thing, aren't you?

Whether you like it or not,
he saved my ship.

Ah...!

(siren blaring)

Look at that.

A bucket full of rusty bolts
under a new coat of paint

and I had
to ship cargo on it.

Oh, Mr. Griffin, I can
be checking the holds

while you're looking
for your brother.

Got the manifest?

Not that I'll need it.

I know every
crate by heart.

And, Mr. Griffin, I'd
go a little easy on him

if he were my brother.

Yeah, but he's not.
He's mine.

Ease off, Charlie!

I've just about had it!

You've had it?

Look, I shipped my cargo
on this rusty hooker

because the rates were low
and every dime counted.

And when I heard
they were leaving Japan

without a first mate,
I practically blackjacked Janeel

into flying you over there
before she sailed.

I never asked you to.

I never asked you
to do anything for me.

You're my older brother,
not my nurse.

Now, just once and for all,
Charlie, get off my back.

Let me make my own mistakes.

I'll face 'em.

Just worry about yourself.

Yeah, I did, and
that was my mistake.

I wanted you on board
to protect my interests.

You protected
them, all right.

A textile mill worth
a million and a half,

and you dump it
overboard like ballast.

Well, Logan?

Nothing left
of the machinery

in the holds.

Not a piece.

I hocked my shirt to make a
down payment on that machinery.

I sent Logan over there
to dismantle and crate it.

I brought him back here
to reassemble it.

Well, you tell him
how he's gonna do it

on the bottom of
the Pacific Ocean?

Well, go on, tell him!

It was jettison,
or lose the ship, Charlie.

Now what are you popping off
about?

The stuff was insured.

Well, I see you're as ignorant
about maritime insurance

as you are about
everything else.

Look, you'd better get yourself
a good lawyer, buster,

because I'm gonna
stick you for this.

I suppose a businessman
like your brother

has to be ruthless at times,
Jerry.

Right now,
he has a fortune at stake.

And my future.

Hauling me before a
Coast Guard hearing
for incompetence.

Now, why? His cargo
was fully insured.

No, not against an act of God,
such as a storm at sea.

You see...

My young friend, Mr. Gideon
here, is an impetuous,

if not always an imprescriptible
student of law.

What Mr. Mason means is
that he's curious to see if,

after all the extra tutoring
he gave me,

I actually passed the course
in maritime law.

Wait a minute, David.

You mean, in
an act of God,

my brother can't collect
anything on his policy?

No, no, I didn't say that.

You see, the ship herself
was also insured.

Now, when you saved her

by jettisoning cargo,

you benefited
both her owner Janeel

and the insurance underwriter,
but since it would be unfair

for them to gain
through your brother's loss,

what is known
as the "general average" clause

enters the picture.

Under that clause,
the cargo loss

will average out
among all three parties.

Your brother will recover
one-third of the value

from the insurer,
one-third from Janeel,

and will contribute
the remaining third himself.

Uh, in other words, Charlie
loses a half a million

but not the entire
million and a half?

Oh, unless he can make you
the scapegoat,

in which case he collects
the full amount from Mr. Janeel.

Janeel?

Yes, David's right.

Legally, you were Janeel's agent

at the time
you jettisoned the cargo.

Now, if the Coast Guard
investigation shows

that the ship could have been
saved without sacrificing cargo,

then Janeel, as your employer,
is responsible.

So I'll have him to fight
as well as my brother.

(sighs)

Mr. Mason, would you be willing
to act as my counsel

in this mess?

Well, I'll be glad to,

but I must warn you,
it won't be an easy battle.

There are at least three forces,
all of them pushing

from different directions
toward the middle.

That's where you are, Jerry,

right in the middle.

(chuckles)

Hello, Skipper.

Wenzel.

Thought you were
in a jail in Yokohama.

Ah, yes, I know.

That's what I want
to talk to you about.

Well, I don't.

Get out.

Now, you listen to me.

I didn't pay a fine
and buy me a plane ticket home

to have you just give me
the runaround.

We're going to have this out
right here and now.

If you have any complaints,
take them up with Janeel.

I have nothing
to say.

Now, get out.

(wry chuckle)

Get out, before I
have you thrown out.

Oh, no, you don't.

Yelling for help
was always

an old favorite trick
of yours, wasn't it?

Well, it worked in Yokohama,
but it won't work here.

At least not till I find out
what's behind the deal.

What deal? I don't know
what you're driving at.

You're lying, Bancroft.

Why did you leave me
in Japan, huh?

Why?!
What's the matter
with you?

Let go of me, you...

Look, you'll talk if I have
to b*at it out of you!

Do you hear me?

Ow!

Ow. (sighs)

Bancroft.

Bancroft!

* *

Hi.
Hi, Julie.

Is, uh, Janeel in?

He sent for me.

Yes, he is--

with Captain Bancroft.

Uh-huh.

Jerry.

Jerry, don't let them
push you around.

They can be pretty
rough-- I know.

Why, saving that ship
was wonderful.

They should
thank you, not...

Fire me?

If they fire you,
I'll quit.

(chuckles softly)

I'll tell him
you're here.

Well, hello, my boy.

Captain Bancroft wants
to talk to you.

Go right in.

I'll be back later,
in case anyone calls.

I wanted to see you.

I've decided to help you.

You?

My testimony is all you need.

As much as I hate to admit it,
if it weren't for you,

we might have all wound up
on the bottom.

I'm still not fond
of you, Mister,

but you saved the Trader
the only way possible,

and I'm going to say so
to the Coast Guard.

In your opinion,
could the repairs have been made

without jettisoning cargo,

Mr. MacLean?

Perhaps no,
perhaps yes.

I'm an engineer,
not a deck officer.

The fact that Griffin
got us home safe,

uh, is good
enough for me.

Thank you.

Mr. Mason.

Uh, no questions.

JUDGE:
Witness may stand down.

ATTORNEY:
I call Mr. Fred Wenzel.

Mr. Wenzel, you have been
called by the complainant,

Mr. Charles Griffin,
as an expert witness.

Now, since a Coast Guard
investigation

is not a prosecution,

but an impartial determination
of the cause

of the accident resulting
in damage to the vessel

and loss of its cargo,
we are primarily concerned now

with your qualifications
as a merchant marine officer.

(clears throat)

years at sea,

nine of them under
Captain Bancroft

as mate of the
Janeel Trader.

Uh, well, you have
the rest on file.

Based on the testimony

given here today and
the circumstances

of the Janeel accident,
is it your opinion

that Mr. Griffin
acted of necessity

when he
jettisoned cargo?

WENZEL:
Well, sir,
I'd say that the...

the ship and the cargo
both could have been saved.

I know that I could
have done it.

Would you tell us how?

Well, yes,
of course, sir.

May I have your permission
to, uh, use the model?

Yes, of course.

Thank you, sir.

Well, uh, it's really
quite simple.

I would, uh, have shifted
the forward cargo aft.

Now, that would have put her
down by the stern deep enough

to have got a collision mat
over the hole forward here.

Then I would have re-trimmed
cargo and sailed for home.

Why, you're crazy.

The ship would have
been on the bottom

by the time we shifted
those crates aft.

Swab handler
in a First's uniform.

Panicked by a little
salt water in the bilges.

Hey, sit down.

But he's wrong--
dead wrong.

In that wind and sea,
it couldn't be done.
(knocking on table)

Counsel will restrain his client
from any further outbursts.

If the board please,
may I suggest

that this sort of conflict
could be quickly resolved

by the one real expert
on the Janeel Trader.

I believe
Captain Bancroft's testimony

will completely exonerate
my client.

I haven't had an opportunity
to question Captain Bancroft.

I would like to hear him
on this subject myself.

JUDGE:
The witness may be excused.

Thank you, sir.

I call the master
of the Janeel Trader,

Captain Bancroft.

Will Captain Bancroft
please come forward?

* *

Well, thank you anyway.

Any luck, Julie?

No.

I've tried everyplace.

(slamming)

The hospital,
his home address.

Nobody's seen him
all day.

Jerry, do you think

he's deliberately
keeping out of sight?

You know, even
if he decided

to change his
testimony and lie,

he should have
had guts enough

to come to
that hearing.

Jerry, what are you
going to do?

Julie, I've been out
to that ship

three times looking for him.

I'm going to wait there
this time.

I'll catch him
if I have to wait all night.

MAN:
Hey, Vogel.

Did you just see somebody
out there by that freighter?

Nope, nobody.

I swear I saw a guy.

Maybe he went aboard.

Well, I suppose it could be
a deckhand standing watch.

Come on, let's check.

Hey, buddy,
snap out of it.

(groaning)
Hey.

Did you see anybody
come aboard just now?

Standing watch,
you said.

I'll take
a look around.

You stay here.

Can I help you, mister?

Oh, I'm just looking for
Captain Bancroft, that's all.

Well, he must be
around somewhere.

He came aboard
an hour ago.

Well, maybe...
maybe he's below deck.

Hold it, you.
Hey.

Hey, what's
the big idea?

What is this?

You know what it is.

VOGEL:
You almost got
away with it.

Lieutenant Anderson
of Homicide is expecting me.

My name is Mason.

ANDERSON:
Perry, you made fast time.

All right, Officer,
you can go now.

Not that it'll help
much, I'm afraid,

but Griffin did
ask for you.

Can you add anything to what
you told me on the phone?

Was anyone else
found aboard?

Only the deckhand,

so drunk we've got him
under medical care.

Griffin, uh, was still
holding the m*rder w*apon

when he was caught.

He looked like he'd
been in a fight,

he resisted arrest,
and Bancroft was dying.

Dying?

Hmm, that's
the clincher.

He d*ed just a moment
after the private patrolman

brought Griffin back
to look at him.

Griffin's up
on deck now.

You were sure right
about my being

in the middle
of trouble.

Big hero.

I save a ship
and I end up being

a m*rder suspect.

Perry, I didn't k*ll
him, believe me.

I do believe you.

But there's a big difference

in being innocent
and being able to prove it.

Well, how do I prove it?

What do you want me to do?

At the moment, there's
nothing much you can do.

They're going to hold you
on suspicion of m*rder.

You say you want to help
Griffin, Mr. Janeel.

Will you testify that
Bancroft had promised

to appear in his favor at
the Coast Guard hearing

and that it was you who
had persuaded Bancroft

to make that
promise?

How did you know that?

Well, if Griffin
were found negligent,

you'd be liable
for the cargo's full value,

but if Bancroft testified that
the cargo had to be jettisoned,

then the general average clause

would have reduced
your liability to a third.

Okay, sure,
I twisted the captain's arm.

If he wrecked Griffin,
he wrecked me.

Is that what you want me to say?

Exactly.

You see,
the prosecution may claim

that Bancroft had changed
his mind again

and meant to testify
against Griffin,

that Griffin k*lled him
to prevent that.

That change of testimony
could have cost you

a million and a half dollars.

Well, Bancroft did not change
his mind

about testifying for Griffin.

He would have stabbed himself
in his own wallet

because, you see, he owned
a small share of the ship, too.

Mr. Janeel...
this cablegram just came.

I thought it might be important.

Well, Mr. Mason,
listen to this.

It's from the underwriter's
agent in Yokohama.

"Pacific Island Salvage
and Towing Company

"have divers exploring
coral head where ship holed.

"Prospects excellent

we can salvage
entire jettisoned cargo."

Pacific Island Salvage
and Towing Company-- got it.

I can probably fly there
by way of Guam.

Book the earliest flight,
Paul, and contact

the insurance underwriter's
detective agency.

They'll give you
a hand.

Now, keep a close watch
on the salvage operation.

Something puzzles me
about that ship going aground.

Perhaps more
than the storm was involved.

Hmm, like what?

Oh, seamen shipped
before the accident.

Then the theory Wenzel had

about shifting cargo
without sacrificing it.

I'd like to know
if Griffin had time

to shift any cargo before
the ship went down.

Before I leave,
and speaking of Wenzel,

I've had three different
operatives on him.

Any reports?
Uh-huh.

He's a real,
two-fisted bottle man.

He started the day drinking
breakfast in a waterfront bar.

Then, into another bat roost

for a mid-morning
-proof coffee break.

Right now, he's starting
a quart of lunch

in a joint called
Neptune's Cave,

and he's still sober.

Has he been in contact
with anyone?

Charles Griffin
or his man, Logan?

What did your men find out?

Nothing.
Absolutely nothing.

Drunk or sober, Mr. Wenzel just

isn't talking.
That's too bad.

I was hoping to learn
something from him.

Well, if this, uh,
salvage thing can wait,

I'll take a whack at him myself.

Oh, no. I want you on your way
as soon as possible.

Well, off to the far Pacific.

Sayonara.

And, uh,
sukiyaki to you, too.

All of you.

(laughs)

Say, Mr. Mason, uh,
about this Wenzel guy.

What about him?

Mind if I try
talking to him?

Paul's had some
pretty good men on the job.

Well, I can still try.

Is he old enough
to get into a bar?

Oh, come on, now.

What do you say, Mr. Mason?

All right, David.
Go ahead.

See what you
can come up with

after diving
into Neptune's Cave.

Oh, and, David...

don't forget your snorkel.

(door closes)

* *

(grunts)

(laughing)

Ah, the next time, tiger,

bring a little muscle
with you, huh?

Hey, Kelly. Kelly.

Fill her up again
here, will you?

(sighs)

Miss me, baby, huh?

Mm.

Oh, no.

No, I...
I don't believe it.

(laughing)

Hey, Kelly,
c-c-come here.

Come here, will you?
Look.

Joe College slipped
his leash, huh?

(laughing)

Mister, you
are drunk.

What?

You're not only drunk,
you're a cheap phony.

Lookit here, you...
You cheated.

You cheated. You cheated.
You lifted your elbow

when you were
arm wrestling
that sailor,

otherwise,
he'd have won.

Oh.

Cheated, huh?

Yeah.
All right.

How'd you like
to try, huh?

Hmm?

Sure. Why not?

All right.

(forced chuckle)

(grunts)

(grunts)

(patrons murmuring)

Yeah, you, you know,

you're, you're
all right, kid.

You're, you're, you're
all right. Yeah.

Huh.

As a matter of fact,
the drinks are on me.

Go on, Kelly. Ah!

Anything but that.

* *

Like you said
back in L.A.,

"We've got it made."

If I can raise this many
with the barge,

I can salvage
the whole works

when I bring in
the bigger equipment.

Yes, lucky this stuff was
dumped in shallow water.

(mechanical whirring)

(clattering)

Hey, look out!

(speaking native language)

Scrap iron.
No machinery.

Just a bunch
of worthless junk!

And Wenzel believes

Captain Bancroft
deliberately
framed him

into being arrested
in Yokohama.

Well, that's about
it, Mr. Mason.

That's all I got.

Except for a hangover.

Well.

Did Wenzel have any idea

why Captain Bancroft
wanted him out of the way?

No, not for sure.

But either the captain
wanted to sail without
a first mate at all

or for some
reason, he wanted
to get rid of Wenzel

to make room for Jerry.

Either way, it'd indicate
something unusual

about that return trip
from Japan,

and something special about
that crated machinery aboard.

I wonder if...
(door opens)

Perry, Mr. Logan's outside,

and the long distance
operator's on the line.

A couple of seconds,
she should be through to Paul.

Good.

Uh, bring Mr. Logan in,
will you please, Della?

And, uh, would you stay
on the other phone

while I talk to Paul?
DELLA : Mr. Logan?

Hello?

Hello?

Hello, Paul?

Right.

No, Mr. Logan's here now.

I sent for him as soon
as I received your message.

Do you have the
identification numbers

of the crates
that were salvaged?

A- - .

A- - .

C- - .

But, Perry...

there was no machinery.

Just crates full of nothing
but scrap iron.

Scrap iron?

Hold it a moment.

Well, Mr. Logan?
Impossible!

The numbers check,

but I personally supervised
the packing of those crates.

And, I tell you,
they contained machinery.

Could you hear that, Paul?

Yeah. And if he's
telling the truth,

somebody in Yokohama
pulled a gypsy switch.

The real cargo was diverted,

and substitute crates
full of junk

were delivered
to the freighter

with identical markings
and numbers.

No doubt of that, Paul.

Hold it again.

I'll need full information
on that machinery, Mr. Logan.

Point of origin, the trucking
company that hauled it,

the route and pier destination.

How soon can you get it for me?

Well, I have it all right here.

Thank you.

Paul, fly on to Yokohama
and backtrack that shipment.

If possible, I want to know
exactly how it was diverted

and by whom.

Oh, Mr. Mason.

Mr. Griffin.

Have you been to
see my brother?

Yes.
Is he all right?

All right? Yes,
he's all right.

(sighs) This is the
third time today

I've been to the county jail
with permission to see him,

but he refuses
to see me.

That's his legal privilege.

Why should he refuse
to speak to me?

Well, that's a singular
question, Mr. Griffin,

considering
the trouble he's in,

and considering that you started
this whole train of events.

I did what I did only
for financial reasons.

He knows that.

He also knows
he's held for m*rder.

That's why I want to
see him, Mr. Mason.

Why I want to see you.

I want to help him.

At this moment, the only
person who can help him

is a fellow
named Paul Drake,

and he's in Yokohama.

Hi, Perry.
This is Paul.

With the help of a top
detective agency here,

I traced that machinery
to a waterfront warehouse,

but it's gone now.

Gone? Gone where?

It was shipped out by freighter
day before yesterday.

The agency played a hunch,

and we backtracked
a well-known waterfront crook.

The agency was right.

And also, right on the heels
of the Yokohama Police.

Perry, you're not
going to like this,

but here's something else.

The Yokohama Police have
been digging into this mess.

And not just for the Los Angeles
District Attorney's Office,

but on their own,
and they've come up

with a blockbuster
on young Griffin.

Now, we don't know
if he was acting

for Captain Bancroft
or on his own,

but it was Griffin
who supervised

the loading of that substitute
cargo of junk.

Decedent had been struck
heavily on the head

between the frontal
and left parietal

with massive
subdural hemorrhage

and extensive tissue
destruction.

Would this cause
instantaneous death, Doctor?

Not necessarily
instantaneous,

but inevitable
within minutes.

Thank you, Doctor.
Cross-examine.

Doctor, you say that death was
not necessarily instantaneous,

but was inevitable
within minutes.

How many minutes?
minutes?

minutes?
That would depend.

One man might survive
such a skull injury

a few minutes longer
than another.

Then it is possible,
is it not,

that Captain Bancroft
suffered the fatal blow

sometime prior to the arrival
of Mr. Griffin

and lay dying as Mr. Griffin
entered the cabin?

Yes, it's possible.

Thank you, Doctor.

No further questions.

This portion fitted exactly

into the cranial depression
which caused death.

There were blood traces here

matching the victim's
AB blood type.

The lab also found
human hair identical
to that of the decedent.

In my opinion, this
was the m*rder w*apon.

Were there
any other findings

in connection with
this w*apon, Lieutenant?

LIEUTENANT:
Yes, sir. The
clearly defined

fingerprints of the
defendant, Mr. Griffin.

BURGER:
Thank you, Lieutenant.
That'll be all.

Mr. Griffin swore
he hadn't k*lled him.

He said he found the
dolphin on the floor

and was putting it
back on the desk.

But when I walked in,
he was holding it in his hand.

Thank you, Mr. Vogel,
that'll be all.

Your witness.

Mr. Vogel,
it has been stated

that, um, the search
aboard ship revealed

no other person, other
than a drunken deckhand,

supposedly on watch.

Now, before that search,

could anyone have
left the ship unnoticed

while you were
apprehending Mr. Griffin?

Well, not a chance.

I left my partner,
Connor, watching the deck.

MASON:
No further questions, Mr. Vogel.

In other words, Mr. Janeel,
despite the fact

that Griffin had usurped
Captain Bancroft's command

and humiliated him
by ignoring his orders,

you ask us to believe
that Captain Bancroft
had dropped

his resentment for mere
financial consideration?

Well, it wasn't mere to him.

He owned a three-percent
share of the ship.

We had to pay for a cargo
worth a million and a half.

He stood to lose $ , .

BURGER:
Even though salvage

would reduce the loss
to virtually nothing?

Well, nobody knew about salvage
until after the m*rder.

Besides, the whole
thing was a fraud.

The real cargo was
still in Japan.
Exactly.

It was a fraud
perpetuated by Griffin

when he arranged
for the substitution
of that worthless cargo.

And later by Captain Bancroft

when he then recklessly
operated his ship.

Objection, Your Honor.

Leading the witness,
calling for a conclusion.

I think we can allow
that question, Mr. Mason,

as long as Mr. Burger
doesn't pursue it.

BURGER:
Very well, Your Honor.

Now, Mr. Janeel,

did you have any inkling
of the involvement

of Griffin or Bancroft or both
in the substitution of cargo?

I didn't know
about the substitution.

That all came out
after Bancroft was k*lled.

Now, if you're trying
to get me to say

that they were in on it,
he and Griffin,

and that they fought over
division of the spoils...

I'm not trying to get you
to say anything, sir,

except what you know personally.

That will be all.
Your witness.

Mr. Janeel,
what was your opinion

of Captain Bancroft
as the ship's master?

I'll object to that,
Your Honor.

That's improper
cross-examination.

It deals with matters
not covered on direct.

If it pleases the court,

Mr. Burger did open the door
by eliciting testimony

touching upon the captain's
reckless handling of the ship.

Objection overruled.

The witness may answer.

'Course he had
his personal faults,

but his seamanship
was above reproach.

MASON:
Would you call
that consistent

with running a ship at
full speed on a stormy night

in shoal water?

No, if anything,
he tended to be overcautious.

Of course, our contract
with Mr. Charles Griffin

had an early delivery
bonus rider,

and if we earned the bonus,

of course,
the captain would share in it.

MASON:
Thank you, Mr. Janeel.

That'll be all.

Mr. Griffin, as brother
of the defendant,

you've been adjudged
a hostile witness.

You will answer my questions
with a simple "yes" or "no."

You've heard testimony
here that Captain Bancroft,

because of a considerable
financial involvement,

recanted his threats
against your brother.

Now, isn't it true
that you had a far greater

financial involvement
than Captain Bancroft?
Yes.

Wouldn't it have been
to your advantage, then,

if Captain Bancroft
had re-reversed himself

and taken his original stand
against your brother?

Yes, but...

Did you, by payment
or by promise of payment,

persuade Captain Bancroft
to agree to appear

against your brother
at the Coast Guard hearing?

I'm onto your tricks.

You're saying that Jerry k*lled
Bancroft to shut him up.

Well, you're not
going to get me

to put my own brother
in the gas chamber!

The witness
will control himself.

He will make no statements

except those in response
to questions asked by counsel,

and he will make his answers
responsive.

But he has no
right to...

Mr. Griffin, you will be silent,
or I'll hold you in contempt.

Go ahead, Mr. Burger.

I ask you again, sir:

Did you make any such deal
with Captain Bancroft?

No.

That'll be all.

Your witness.

Mr. Griffin, you say you made
no deal with Captain Bancroft,

but did you try
to make such a deal?

What is your reason for this
line of questioning, Mr. Mason?

Well, Your Honor will recall
that news of possible salvage

or that later news of the
cargo's fraudulent substitution

had not come to light.

It occurs to me that Captain
Bancroft might have refused

a deal to take a stand
against First Officer Griffin,

a refusal which would
apparently have cost

this witness
a half a million dollars.

If you're trying
to get me cleared

by accusing Charlie
of k*lling Bancroft,

I don't want
that kind of defense.
Shut up, Jerry.

Shut up, do you hear?
Order, gentlemen, order.

Uh, Your Honor, in view
of the hour and the emotion

of my client
and his brother,

I believe that further
cross-examination

of this witness
should be postponed.

The point is well-
taken, Mr. Mason.

Mr. Burger?

I certainly have no objection,
Your Honor.

This court
stands adjourned

until :
tomorrow morning.

(inaudible)

What does
your watch say, David?

Uh, ten minutes
to : , exactly.

Not a moment too soon.

Where in the world
did they go?

I'm going to walk as far
as the gangplank and back.

Time it for me,
will you, David?

Yes, sir.

Less than five minutes,
there and back.

And no watchmen.

Look again.

Part of their job is
to check warehouses.

I think
we've seen enough.

May I ask what the citation
is for, Officer?

Yes, sir.

If this is your car,
it's illegally parked

at a standpipe, which is
the same as a fire hydrant.

But it would be
rather easy

to miss at night,
wouldn't it?

Well, yes, ma'am, but
like I tell everyone,

you can see it
if you look.

Your Honor, before I resume
my cross-examination

of Mr. Griffin, I should like
to recall a witness.

Your Honor,
may I ask

Mr. Mason which witness
he wishes to recall

and his purpose
for making such a request?

My purpose is to
establish certain facts

in the interest
of justice,

facts which came into my
possession only last night.

The witness in question
is Special Officer Vogel.

As usual, Mr. Mason couches
his reply in such fashion

as to give me very little
to do but consent.

JUDGE:
Clerk will recall Mr. Vogel
to the stand.

Mr. Vogel, you and Mr. Connor
patrol the pier

once an hour.

You customarily arrive
ten minutes before the hour

and then spend the next
six or seven minutes

making a round
inside the pier warehouse.

Is that correct?

That's the routine, yes.

Now, on the night of the m*rder,
during your : round,

you saw Captain Bancroft
go aboard the ship.

During your next round, you saw
the defendant go aboard at : .

Now, you and Mr. Connor

were inside that warehouse
for several minutes

prior to that.

Yes, that's right.

MASON:
Now, during those
several minutes,

someone could have
left the ship

and the pier, unseen by
either you or Mr. Connor

or Mr. Griffin as he arrived?

Well, I guess
that could have happened.

Thank you.

May it please the court,
I am now ready to resume

my cross-examination
of Mr. Griffin.

All right, I will cite
a hypothetical question and...

ask your opinion
as to its feasibility.

A man insures his cargo,

then substitutes junk
for that cargo.

Now, if the ship
were to sink,

would he not collect
full insurance,

all the while secretly holding
the original cargo

for future clandestine sale?

I wouldn't know.

A scheme like that
would never occur to me.

Well, still hypothetically,

in order to be sure
the vessel would sink,

would not the man have had
to enter into collusion

with the ship's captain,
collusion to navigate recklessly

with intent
to cause the ship to founder?

Why ask me?
I told you I...

You did not visit with Bancroft

aboard the ship
on the night he was m*rder*d?

No, I did not.

I have here a copy
of a traffic citation

written at : on the night
of the m*rder--

a citation for illegal parking
near the entrance to the pier.

It was issued to an automobile
registered under your name.

Would you care to change
your answer, Mr. Griffin?

I... I didn't use
my car that night.

I loaned it to Frank Logan.

(gallery murmurs)

JUDGE (pounding gavel):
Bailiff.

Bring that man to the bench.

All right, I, I did go to see
Bancroft on the ship that night.

On behalf on your employer,
Charles Griffin?

No, he-he had nothing
to do with it.

It was personal.

Bancroft and I talked
for a little while,

but he was alive
when I left him.

BURGER:
And what time was it
when you went aboard?

A little before
: , and I left

no more than
ten minutes later.

Your Honor, I request
that this man be held
in temporary custody

while we make
a complete investigation

of these new aspects
of the case.

If Your Honor please,

I must remind the court
that I have not yet been given

the opportunity
to cross-examine this witness.

I beg your pardon,
Mr. Mason.

Please proceed.

Your Honor.

Now, in regard
to your talk

with Captain Bancroft,
Mr. Logan,

was it about a phone call
you'd received

from Kobe, Japan?
How did you know that?

MASON:
That phone call was
from an accomplice

warning you of the
preparations to salvage

the jettisoned cargo.

Wasn't that why you
had to see Bancroft,

because a successful
salvage operation

would've exposed
your cargo deal?

Now, w-wait a minute, listen.

You and Bancroft were
partners in that deal.

The defendant's only involvement
was to carry out

Bancroft's orders without
knowing what those orders meant.

Now, is it not true that you
and Bancroft devised that fraud

because of his other plans--

plans to scuttle the ship?

Look, I, I had nothing to do
with scuttling that ship.

That was strictly
Bancroft's doing.

As for the cargo, I...
I refuse to answer.

The law says a man
can't be forced

to incriminate himself.

Your Honor, I believe
I can substantiate

much of my charge
against this witness,

but with the help
of Mr. Janeel.

With the court's permission,

I would like to recall
Mr. Janeel to the stand.

Mr. Janeel to the stand.

You will step down.

Mr. Janeel,
you were unaware

of Bancroft's
participation with Logan

in the cargo swindle?
Absolutely.

That's why I don't see
how I can help you.

You were also unaware
of Bancroft's plan

to sink the Janeel Trader?
Most certainly.

Well, you don't think I had

anything to do with that,
do you?

Oh, but I do,
Mr. Janeel.

Your company was in
a precarious financial position.

Now, I have here
expert depositions
proving conclusively

that despite its good
outward appearance,

the Janeel Trader was
in need of repairs

so extensive that you
couldn't possibly afford them.

The depositions also stated

that you were about to have
your license revoked.

But we would've
had the ship fixed

after Bancroft
delivered that cargo.

See, that's why he
was so reckless.

There was a... a bonus
for early delivery.

Even with the bonus,

you could scarcely
have afforded the repairs.

So, uh, tell me, Mr. Janeel,

where did you expect to get
the money to pay for a new ship?

What?

The ship you discussed
with Acme Maritime.

Oh, no, no.

The ship you could afford
only if you collected

insurance money after sending
the Janeel Trader to the bottom.

Please, please...

MASON:
Oh, I know, Bancroft agreed
to scuttle the ship for you.

But he also made a deal
with Logan to switch cargo.

Now, you didn't know
about that, did you?

No. He double-crossed me.

I found out.

I... I was furious. I...

Listen to this, Mr. Janeel.

You left your home
on the night of the m*rder.

Drove to the pier at : .

You went aboard,
overheard talk

between Logan and Bancroft.

It was then that you realized
that Bancroft

had tried to line his pockets
at the risk of your plans.

You waited until
Logan had gone,

confronted Bancroft
with his duplicity,

and then you k*lled him.

(stammering)

I was in a blind rage.

I hit him,

before I knew what I was doing.

But I didn't mean
to k*ll him.

I didn't...

I didn't mean to.

You know, Janeel cut
his schedule pretty thin.

He must've gone ashore
only a minute or so

before I showed up.

Any later, and I'd
have seen him.

The two guards
would've also.

He was pretty lucky
up to that point.

I just can't imagine
Captain Bancroft

trying to sink his own ship.

He and his whole crew
could've been drowned.

Well, Bancroft knew
every reef and shoal.

He intended to ram
her on a coral head,

then sail out to deep water
and let her founder.

And for the crew,
it would only have been
a short haul back to land.

No wonder he was so
angry with Jerry--

for keeping her
in shallow water.

I still want to pay
for your services, Mr. Mason.

With that machinery covered
by theft insurance,
I can afford it.

I'm sure you can.

But I'm equally sure
your brother wouldn't allow it.

GIDEON:
But there's one item

you might wish to pay for.

CHARLES:
What item is that?

Mr. Mason's
parking ticket.

(all laughing)

(theme music plays)
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