08x29 - The Case of the Wrongful Writ

[bunniefuu]

(theme song playing)

MASON:
The so-called M'Naghten Rule,

as a test for criminal
responsibility,

holds there...

is accountability
if the defendant knew,

abstractly,
that what he did was wrong.

How do you separate knowledge
from feeling and doing?

Or knowledge from understanding?

What do we mean by defect of
reason as a bar to knowing?

In response to your question,

I would prefer a yardstick

equating accountability in terms
of substantial capacity

either to understand
the criminality of conduct

or to conform that conduct

to the requirements of the law.

I have time
for one more question.

Ward Toyama, attorney.

Mr. Mason,

in the area of criminal libel
of a public official,

in the absence of inferred
or express malice,

does the constitutional
guarantee of free speech

render a statement privileged,

even if that statement is false?

An excellent question,
Mr. Toyama.

And certainly one
of current interest.

I suggest the answer is yes.

In March of ,

the United States Supreme Court

held that
under the constitution...

Mr. Toyama?

Frank Jones,

C.D.I.B.

Central Defense
Intelligence Bureau,

United States of America.

Am I supposed to be impressed
or frightened?

Well, let's just say
reassured enough

to sit here for a few minutes
and talk.

Go ahead and talk, Mr. Jones.

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

If the answer is no,

I'll get out of the car
and leave.

No one will know we've talked.

No one will know
what you answered.

What's the question,
Mr. Jones?

How far are you prepared
to go in defense of your country

and the things
I know you believe in?

Go on.

Would you anonymously
risk your reputation?

Perhaps even your life?

Mr. Grant,
I understand from Ward

that Toyama's has
an export license and could act

as a shipping agent
for some merchandise

I'm sending to the Far East.

Are you telling me,
or asking me?

WARD: Look, Harry, you just run
this business for my father.

You don't own it.

That's right, I run it.

Before your father got sick,
he was a patsy

for every family
and overseas relief agency

with a couple of crates
of used clothes

to send the old folks
in the Orient.

Well, those days are over
and done with now, period.

Harry, I promised Mr. Jones...

You wanted to be a lawyer,
not a businessman.

Fine, go out sue somebody,

but stop being
a gratis volunteer.

It nearly bankrupted your father
before he retired.

Mr. Grant, this merchandise

is being sold in the Far East.

That's still got nothing to do
with Toyama's.

We're not selling it.

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

Yeah, I'll bet you are.

Well, you can forget it.

I'm running a business,

not a charity.

This is business, my business.

I'm going all the way
to the Gulf of Siam

with that cargo.

Tell him, Mr. Jones.

It's true.

Of course, and I'm delighted.

And Ward is involved
in the business end

of this venture, Mr. Grant.

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

Ward's father
owns this business.

The only time we see Ward

is when he comes around to pick
up Sally here, for a date.

(chuckles)

What are you shipping anyway?

Why do you need our license?

And how are we involved?

Well, I'm afraid this is
a rather delicate matter.

Miss Choshi,

check with the shipping clerk,
please.

Find out if today's
will calls are ready to go.

Yes, sir.

WARD: I'll see you before
I leave, Sally.

HARRY:
Well?

It's a matter of saving time,
Harry.

The merchandise is sold
and the buyers are in a hurry.

You know what the red tape
is like

processing
a brand-new export license.

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

For your personal services

in arranging for Toyama's to act
as a licensed shipping agent,

I'm prepared to pay $ , .

There, you see? I told you.
It's not charity.

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

What do you say?

When charity begins at home,
why not?

I don't know.

The Thomas Norden is used
to making trips

up and down the coast here.

All the way
to the Gulf of Siam...

I don't know.

I'm prepared to pay well,
Captain Varnum.

Yeah?

Your port of destination
is on the restricted list.

- You know that?
- Yes.

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

certified bills of lading,

an affidavit what you ship
is not on the list

the government calls
contraband items.

- You know that, too?
- Yes, of course.

What is it you ship?

Farming implements.

(laughs)
Sure.

Well, look, Captain Varnum...

Save it, Mr. Toyama.

The government
inspects your cargo.

I look at one thing only...

the bills of lading
and the affidavit.

My meaning is clear?

You'll have the papers.
Is there anything else?

That's all for me,
but I do not make the decision.

You will have to ask
Mrs. Norden-- the ship is hers.

Mrs. Norden?

Half the cash in advance, Otto,

-the balance on unloading.
-Ja.

I have a check.

A cashier's check.

I'll prepare the contract.

I'm not sure.
I'm not sure at all.

Of what? Me? Or whether
you're making enough profit?

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

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

That's my concern.

Is it? This is a small business,
but it supports me

and it takes care
of your father.

And the legal practice
you're not

building up, it may have
to support you, too.

Now this isn't the usual

participation in some cause.

This is big time, boy.

(sighs)

Harry, there's a big fight
going on all over the world.

A fight for men's minds.

And this country's got to win
that fight.

We've got to convince,
not coerce.

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

but for everybody.

Really care.

I can't tell you more.

I shouldn't have told you
as much.

Harry,

you've never really thought much
of the things I've believed in

or worked for,

but your signing those papers
means a great deal to me.

Did you bring the money?
$ , in cash.

Mr. King? Mr. Albert King?

Ah, you're Ward Toyama.

I've been expecting you.

I have the papers.

Good. Licenses, affidavits,
clearances?

All processed, in order.

Good.
What's the name of the ship?

The Thomas Norden,
out of Los Angeles.

Oh, Otto Varnum's tub?

You know Captain Varnum?

Yeah, I knew Varnum
when he was first mate

for old man Norden himself.

They carried a shipment
of supplies that I furnished

for an abortive operation
down in the Caribbean

several years ago.

Something went wrong.
Orders got fouled up

and the ship met
with resistance.

Old man Norden was blown
right off the bridge.

Well, Otto's a good man.

I gather from these papers

that I am selling you
two carloads

of, uh, farming implements.

Yes.

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

You'll also make sure that the
cargo's trucked to the dock

and loaded aboard on time?

Timely dockside delivery,

and the guarantee of no trouble
from the inspector.

Why should there be trouble?

Toyama imports have been
shipping to the Orient

for years
without any trouble.

Yes, of course.

Oh, uh, when do you sail?

Friday night.

Friday.
I must have the information

by Friday, Mr. Drake.

You don't want much.

You give me a name
that could be phony,

a description that could fit
at least , different guys,

and you want to know
all there is to know

about this Frank Jones
by Friday.

There may be nothing wrong
with him.

He may be
perfectly legitimate.

Nothing he, or anyone else,
said or did?

Let's just say
I've got a sensitive nose

for smelling out certain kinds
of deals and dealers.

All right.
We'll start by checking to see

if he is legitimate.

Now can you tell me
where he lives?

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

Anything at all
we can get started on?

I think he claims

to be some sort
of intelligence agent.

Oh, no.

For the United States,
of course.

Mr. Toyama.
Mr. Jensen!

Your passport and immunization
papers, please.

Oh, yes.

This is my first mate,
Frank Jensen.

Mr. Jensen,

you will have someone show
Mr. Toyama to his cabin.

I shall be on the bridge
with the pilot.

When the stores are on board,
we'll get underway.

- Smitty?
- Yes, sir.

Show Mr. Toyama to Cabin C,

and on the way,
show him the dining room

and the passenger lounge.

This way, sir.
Watch your step.

The port inspector checked and
okayed your cargo, Mr. Toyama.

The rest of your luggage
is in your cabin.

We're gonna be pretty busy
till we clear the harbor.

Pea souper like this,
takes a lot of eyes.

Once we clear the channel,
if you like,

I'll show you around the ship.

If you want anything,

just ask for me.

Mr. Jensen.

SMITTY:
This way, sir.

Smitty, your first mate--
Mr. Jensen--

has he been with the ship long?

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

This is the combination
lounge and dining room.

The other two passengers
are in there now.

WOMAN:
Good evening, sir.

Would you care to join us
for a cup of coffee?

Plenty of time to unpack.
Come on in.

We'll drink a toast, in coffee,
to the trip, Mr. Toyama.

Smitty, take the bag
down to my cabin.

- I'll stay here in the lounge.
- Yes, sir.

Mr. Ward Toyama,
Miss Ursula Quigley,

Captain Ursula Quigley.

Army of Heaven Mission Society.

Cream and sugar, Mr. Toyama?

No, no, thank you.

- Business trip, Mr. Toyama?
- Yes.

Do you visit Japan often?

Japan? Wait a minute.

This ship isn't going to Japan.

Just Miss Quigley and I.

You will be continuing on.

Is something wrong, Mr. Toyama?

Don't look so startled,
Mr. Toyama.

It's only a slight detour

on the way to the Gulf of Siam.

Oh, I see.

I'm sorry, Mr. Toyama.

I hope
it's of no great inconvenience.

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

- Your fault?
- URSULA: Yes.

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

and I have this shipment of
supplies and religious materials

that must get to Yokohama
as quickly as possible.

I was referred to Mr. King,
and he made the arrangements

for this ship
to make the delivery.

We're so very grateful to him.

(laughing):
Oh, not to me, Miss Quigley.

I have business in Tokyo,
so I only asked.

It was a favor to me, as well.

So, Captain Varnum is really the
one who deserves your thanks.

Excuse me.

Mr. Toyama, taking a ship
from the harbor

in a fog like this is like
threading a needle in the dark.

I got no time to argue!

You got a beef,
take it to Mrs. Norden.

Now wait a minute.
We had a clear understanding

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

So it will...
after we stop at Yokohama.

I've got a delivery date
to meet!

I'm sorry.

We need the money.

You assured me
we'd make that date!

You're a lawyer, Mr. Toyama.

"Schedules and routes
subject to change.”

That's printed right
in the shipping contract.

I don't care
what's written on the contract!

You gave me your word,
personally.

You and Captain Varnum.

There's also a disclaimer in
that contract of affreightment.

The ship is not bound
by anything

not written into the contract.

Do you mean to tell me,
Mr. Attorney,

you haven't even read
the contract?

Contract or no,

I'll file suit for fraudulent
misrepresentation.

As soon as I can, I'll tie this
old scow up in enough litigation

to dry-dock her
for the next years.

Well, don't forget.

Show your export license
and your sworn-to affidavits

when you claim the delay
spoiled those, uh...

farm implements?

(foghorn blows loudly)

Oh, excuse me, Miss Quigley.

Startling,
isn't it, Mr. Toyama,

how sounds become magnified,

almost... almost
frighteningly distorted

when your sense
of vision is impaired?

The first mate, Mr. Jensen--
have you seen him?

Why, yes, I have.

He's, uh, near the cabin area.

(foghorn blowing)

Frank? Frank Jones.

Oh.

Frank Jones?

I mean Jensen. I was told
he was in the cabin area.

He's back that way.

(foghorn blowing)

(foghorn blowing)

(knocking)

(rhythmic metallic rattling)

(muffled grunting)

(foghorn blowing)

HARRY:
He knocked me down.

As soon as he had me gagged
and tied,

he dragged me into that closet.

Last week,
he was a well-heeled shipper.

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

Boy, as soon as we got up
to this cabin

and you weren't here,
I really let him have it.

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

What truth?

Ward, he's as phony
as a three-dollar bill.

Frank Jones was fired
from the government service

three years ago.

There's a federal warrant
issued for his arrest.

(sighs)

Harry, I know it's too late.

It won't help, but I'm sorry.

Well, apologizing
won't help, either.

So, go talk to the captain,
stop the ship, or do something.

You're just going
to let them use you?

Not me. My father.

Look, you signed the application
and those affidavits

as my father's agent.

Don't you understand?

The company could lose
its license.

We could be run out of business.

And I could be disbarred.
We could both be put in prison.

Well, there must be something
we can do.

The only way
we can stop this ship is

to force a full confession
from Frank Jones.

All right, let's go do it.

- No, wait a minute.
- Ow!

I couldn't get into any more
trouble than I am in now.

You stay out of this.

You stay here in the cabin.

(yelling)

We double-checked the ship
from bow to stern again.

The first mate is not on board.

You sure
you have told us everything?

I told you all I remember.

We had a fight.

I was knocked out.
That's all.

The Coast Guard searches
for the body now.

We are putting back
into the harbor.

A representative
of the Los Angeles

district attorney will wait
for you on the dock.

District attorney?

OTTO: Yeah. It's matter
for the police now.

You are under arrest,
Mr. Toyama.

- Captain...
- Yeah?

Harry.

Uh, never mind.

Ward, why didn't you let me
tell him the whole truth?

Who Jensen really was
and what he did?

You can't.

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

Somehow, he fell overboard.

It was an accident.

The most they could do
is charge me

with involuntary manslaughter.

So?

Don't you understand?

If they found out I knew him,

if they found out
I knew about the cargo,

if they found out I went out
on deck looking for him,

to force him to clear me...

they'll charge me
with first degree m*rder.

HARRY:
I went to see Ward off,

uh, to say good-bye, you know.

And, um, Mr. Jensen,
the first mate,

uh, showed me to Ward's cabin.

Now I thought
he looked familiar,

and then I remembered.

A government investigator
had showed me a photo of him

some time ago.

He was wanted.

Well, I demanded
to see the captain.

And I guess that's when
he became suspicious

because of the way
I looked at him,

because that's when he, uh,
struck me and, uh...

and then he locked me
in that closet.

You believe your request
to see the captain

is what made him att*ck
and imprison you?

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

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

your unauthorized presence
on the ship?

Well, if you don't
believe me, Mr. Mason...

Mr. Grant,

that's only one
of the many questions

the district attorney will ask.

I can't very well defend
Ward Toyama

unless I'm fully aware
of his involvement.

Well, how do I know
what he was involved in?

Or if he was involved
in anything?

And I don't know
what Mr. Jensen thought,

or why he did
what he did. (laughs)

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

When Jensen fell overboard
to his death,

there was no intent
to k*ll on the part of Ward.

True, he fought with the man.

But what happened
was accidental.

Mr. Grant, if you're going

to paraphrase the penal code
definition of accidental

and excusable homicide,
I suggest you find language

less susceptible
to the inference

that you're giving
a rehearsed performance.

(Harry laughs)

I'm sorry I wasted your time.

You can send me a bill
for your good advice.

Mr. Drake.

Mr. Grant.

Mr. Drake does all my private
investigating, Mr. Grant.

You had no right to report
what happened between us.

I was a client.

You had no right
to say anything.

I haven't said anything,

either to Mr. Mason,
or the authorities.

I found out you were coming here

to see Perry
about representing Ward Toyama,

so I asked to have you see me
before you left, nothing else.

Mr. Grant?

Mr. Grant,

we are only trying to help you
and Ward Toyama.

It was excusable homicide.

An accident, and nothing more.

I'm not sure
where you fit in, Mr. Grant,

but you might as well know,

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

The authorities were able
to examine it

without the usual deterioration.

Before he was thrown overboard,

Frank Jensen was already dead.

His head smashed in by repeated
blows of a blunt instrument.

WARD: I did what I would have
considered an act

of unforgivable stupidity
in a client.

I bought a story without
bothering to check it out.

Not even a phone call?

To whom?

This was to be
the kind of operation

that had to be undercover,

which meant the government
would have had to deny it.

Even if I wanted to,

and had known where to start
looking for confirmation...

He'd made all the arrangements,

he had handed over
considerable funds to me.

It just had the feel
of being right.

Oh, you were made-to-order,
all right.

You had a father
with an export license

and a reputation for years
of philanthropic endeavor.

That's another thing.

He knew about my father.

He even said
they'd-they'd hardly bother

to check the cargo.

That really filled out
the picture and convinced me.

You think this Frank Jones
or Jensen-- whatever his name--

was interested only
in personal profit?

Medical supplies--
antibiotics, serums--

technically contraband,
to be transported overland

from the port
on the Gulf of Siam to a country

where we couldn't
openly ship the stuff.

Frank paid King $ ,
for that stuff.

I thought
he used government money,

and I was to be the big brother,
Uncle Sam's guardian angel,

giving the underprivileged
what they so desperately needed.

Giving. All Frank wanted
was fat profit.

He bought the stuff himself,

and he planned to sell it,
not give it away.

(Ward laughs)

We're wasting time.

Are we, Ward?

The one and only person

who can support this fairy tale
of mine can't testify.

He's the man
I'm charged with k*lling.

Do you think you k*lled him?

No. No.

He was off-balance, but alive--

struggling,
fighting and kicking--

when I hit my head, and he fell
overboard into the water.

That's not true.

What?

I checked the ship,
and discovered

there was only place
that fits your description.

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

From that point,
even if he fell backward

in the widest possible arc,

all he could have hit
was another deck below,

not the water.

Then...

If our supposition is correct,

then it's possible

that someone smashed in his head

as he lay stunned
on that lower deck,

and only then was he shoved
overboard into the water.

Ah, that won't help.

Even if that's what did happen,

the district attorney will claim
I did it.

I'm sure he will.

- So?

We forget who and concern
ourselves only with where.

Where? Where what, Mr. Mason?

Where he fell on the deck?

No. Where he fell
in the water.

Now, when you encountered
the defendant there on deck

in the fog, did he say
that he was looking for someone?

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

Miss Quigley...

didn't the defendant tell you

the name of the man
he was looking for?

Yes, he did-- it was
the first mate, Mr. Jensen.

Thank you.
Your witness, Mr. Mason.

No questions.

He, uh, he grabbed me,
yelled a name.

BURGER: The first mate's name,
Frank Jensen?

No. Frank Jones.

But then he said
he meant the first mate,

and I told him Mr. Jensen
was amidships,

in the cabin area.

I see.

Thank you, Mr. Smith.

Cross-examine, Mr. Mason.

No questions.

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

I radioed the Coast Guard and
notified the port authorities,

but in that fog we have no luck.

But the next day,
after the fog had lifted,

you were notified that the
Coast Guard had found a body.

Now, did you identify that body,

- Captain Varnum?
- Ja.

It was my mate, Frank Jensen.

BURGER:
Thank you, sir.

Your witness, Mr. Mason.

No questions.

I therefore move, Your Honor,
that the defendant,

Ward Toyama, be bound over
for trial in the Superior Court

on a charge
of criminal homicide.

JUDGE:
Before I rule on the motion,

is it your intention
to present a defense

at this time, Mr. Mason?

No, Your Honor.

Defendant is bound over
for trial in Superior Court

on a charge
of criminal homicide,

and the information
will be so endorsed.

Defendant is remanded
to the custody of the sheriff.

Court adjourned.

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

You're not disappointed,
are you?

No, a little surprised.

You never even tried, Perry.

What's more, you sounded
like a broken record.

"No questions, no questions,
no questions."”

That's not like you.

Perhaps this will explain it.

- What's this?
- A copy of my petition

to the Federal District Court
for a writ of habeas corpus.

- Habeas corpus?
- Tomorrow morning at :

in the chambers
of Judge Edward Simpson

in the Federal Building.

On what possible grounds?

Ward Toyama is being
illegally restrained-- by you.

(laughs):
Illegally restrained?!

What's the matter
with you, Perry?

Neither this judge nor any judge
in the State of California

is competent to preside
over a trial of Ward Toyama.

Well, that's ridiculous.

You know better
than that, Perry.

Yes, I do.

And so will you
tomorrow morning.

See, I'm going
to attempt to prove

that Frank Jensen was k*lled

outside Los Angeles Harbor
on the open seas,

on a ship
of United States Registry.

Now, wait a minute,
how are you...

If Ward Toyama's
to be tried for m*rder,

it will only be in
a United States District Court.

Outside the harbor,
on a United States ship,

as you know,
the commission of a crime

is a violation of federal law.

The State of California has
no jurisdiction to touch him.

See you in the morning.

Well, you called and said
you had to see me,

you had to talk.

All right... talk.

(sighs):
Well, it, uh...

it concerns the cargo being
shipped under your license.

So, what about it?

That cargo belonged
to Frank Jensen.

Frank Jensen is dead.

What's it got to do with me?

Well, Frank paid for it,
but he never owned it.

Title, ownership...

-was and still is in the name
of the House of Toyama. -Go on.

Well, I... thought
you might wish to...

disassociate yourself from it,

and, um...

(chuckles nervously):
let me... handle it for you.

You want me to assign to you
the two carloads

of farming implements
that are in the hold

of the Thomas Norden?

Well, the cargo is on board

and it's been cleared
for export.

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

just waiting to buy it--
it seems a shame

not to go through with the deal.

A very... profitable deal.

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

You see,
I've canceled my request

for a license on that shipment.

Since it never has
left the country,

I no longer have
any responsibility for it.

Well, that's not quite true.

And I think you know it.

You see, your name
was on the bill of lading

as an agent
for the House of Toyama.

Now, I have already arranged
for another export license,

but... I need an assignment
for that cargo,

and I'm prepared to pay for it.

I was paid $ ,
for the use of the license

and my name.

Now you're offering me
more money

not to use either
my name or the license.

Five thousand.

In cash.

KING (over speaker):
Criminal defenses cost money,

you know, and that...

boss's son of yours
just might need help.

You're offering me $ ,

to assign to you something
I never actually owned?

Well, I explained that
to you, Mr. Grant.

Your name was
on the bill of lading,

but there's no other
proof of ownership.

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

You can have the cargo,
Mr. King,

if you sign this...

not your paper.

(sighs)

This gets you
and the House of Toyama

off the hook.

In return for, uh,
consideration...

I return to you...

all right and title

to the shipment
of farm implements--

the shipment that you
had delivered to the ship.

You also acknowledge
that my activity

was as your agent...

and this contract terminates
my agency on your behalf.

(papers rustling)

Al right.

You've got a deal.

The petition and the answer
are in total disagreement

as to exactly where
the m*rder took place,

and consequently, whether
subject matter jurisdiction

lies with the state
or the federal government.

May I suggest, Judge Simpson,
since the petition,

the affidavits and the return
raise issues of fact,

that you order a hearing
to make findings of fact

before you reach a conclusion
on the issuance of the writ.

Mr. Burger?

Well, that seems perfectly
reasonable, Your Honor.

Fine. Then I'll continue
the order remanding the prisoner

to your custody, Mr. Burger.

Now, will
you gentlemen stipulate

as to a mutually agreeable time?

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

Or tomorrow morning
at the very latest.

Impossible, Your Honor.

I'll need at least three days
for my expert witnesses

to conclude their tests
and make determinations.

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

a cargo deliverable on a
"time of the essence” contract.

It might involve
a severe hardship

if that ship were
prevented from sailing.

What would you suggest,
Mr. Burger?

Well, since the testimony
of the captain and the seaman

is already
a matter of record...

and if Mr. Mason has decided now

that he wants
to cross-examine them,

I would suggest that it be done
by deposition, today,

so that the ship can leave.

Mr. Mason?

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

Anticipating this,
I ask that you sign

this prohibitory injunction
keeping the ship in the harbor

for at least three days
prior to hearing.

And I further request
that the hearing be held

on board the ship itself
in order to make possible

the introduction of the ship
as evidence in the case.

Your request is granted,
Mr. Mason.

Yes, I do have
an export license.

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

We're always making
overseas shipments

of mission supplies,
food and clothing.

Miss Quigley,
during the past hours,

has anyone contacted you
and tried to make arrangements

to use that export license?

Uh, believe me, I know
how important your license is,

and I guarantee the information
will not be used

to embarrass you or the society.

Yes, as a matter of fact,
Mr. Drake,

I have been contacted.

Well, would you mind
telling me about it?

Well, uh, I don't know if...

Miss Quigley, a man's life
may depend on your answer.

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

- Yes.
- Well, I don't imagine

there's anything really wrong
in my telling you,

since there's
nothing really wrong

in the arrangements
that we made.

The, uh... the arrangements,
Miss Quigley?

Oh, yes, of course.

That, uh, shipment of farming
implements in the boat--

well, since they had already
been cleared for export,

I arranged to have them go out
under our license,

in return for free passage

and shipment of our goods
to Yokohama.

With whom did you make
the arrangements?

Why, with Captain Varnum,
of course.

Well, Captain Varnum.

- You wanted to see me?
- Ja.

- Sit down, won't you?
-I prefer to stand.

Well... I, uh, prefer to sit.

- This injunction-- you did it?
- Yes.

My contracts!

If I do not sail,
I cannot deliver on time.

We will lose money.

I'm sure the courts
would hold you blameless

of liability for any breach
of time covenant in a contract.

And my costs?

The crew? Food? Dock charges?

Who will pay for those?!

Not the shippers!
Not the courts!

You, Mr. Mason?!
Mr. Toyama?!

My client is entitled
to his day in court.

Ja. Even though you know
that the k*lling took place

inside the harbor!

I do not know that.

I expect to prove
just the opposite, Captain.

How can you prove
what is not true?!

One-- the alarm
for the missing mate

had not yet been sounded.

Two-- Ward Toyama had not yet
been discovered unconscious

on the deck at the time
the pilot left your ship

outside the harbor.

Ah. If I testify by deposition,

as the district attorney
suggests,

then I can only say what I know.

Only what I know personally.

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

That Frank Jensen was k*lled
outside the harbor

after the pilot left!

You personally don't know,

but there is evidence
that proves otherwise.

Is that what you're threatening?

No thr*at.
I just tell you.

Suppose there is someone
aboard the ship

who heard something fall
to the lower deck,

who heard and saw

Ward Toyama come down
the companionway

from the upper deck,

who heard and saw him
a minute later

go back up the companionway
to the upper deck,

and all this
before the pilot left.

My deposition and Smitty's is
all the district attorney wants.

Ours alone.

And it says only
that the k*lling

is outside the harbor!

So... we tear up
this injunction, ja?

By this somebody,
I take it you mean someone

who has deliberately
remained quiet,

someone who was hoping
to get a profitable cargo

on its way.

Someone such as Mrs. Norden.

Well, Captain Varnum,

please give the lady my regards,

and tell her I shall be pleased
to hear her testify

at the hearing
three days from now

on board that ship.

(door slams shut)

Your Honor, Mr. Mason
had to fly to Washington.

He called me and asked me
to assure the court

if necessary he would...

Sorry, Judge Simpson.

I was delayed by traffic
from the airport.

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

Uh, no, Your Honor.

Petitioner is ready.

BURGER:
Good morning, Mr. Mason.

The State of California
is ready, Your Honor.

This is a petition for a writ of
habeas corpus ad subjiciendum,

on the grounds the petitioner

is under the jurisdiction
of the federal courts

rather than the courts
of the State of California.

If granted,

he will be tried for the alleged

criminal offense
in a federal court.

If not, he will be subject

to procedure already commenced

in the state courts.

Now, since the...

petitioner has asserted
the affirmative issue,

burden of persuasion is his.

- Your Honor.
- Mr. Burger.

The State contends, of course,
that this petition

submitted by Mr. Mason
was and is wrongful,

in that its purpose was simply
to delay and to harass

the prosecution and the
witnesses involved in this case.

The State believes, however,

that it could solve this whole
matter of jurisdiction

most expeditiously through the
testimony of a single witness,

and I ask permission to call
that witness at this time,

prior to the submission
of petitioner's case.

As originator of the application
for the writ,

petitioner defers
to the judgment of the court

in any order of presentation
of evidence.

Call your witness, Mr. Burger.

Mrs. Esther Norden, please.

Then after I heard whatever
it was fall from the upper deck,

I heard and saw Mr. Toyama
come down the companionway.

He disappeared in the fog
in the direction

of whatever it was that fell.

And what did you see after that?

He reappeared and quickly
went back up the companionway

to the upper deck.

BURGER:
In relation specifically

to the time the harbor pilot
left the ship,

when did all this occur?

MRS. NORDEN:
It happened before the pilot

left the ship.

While we were still
inside the harbor.

Thank you, Mrs. Norden.

Cross-examine, Mr. Mason.

Your husband,
after whom this ship was named,

was an officer
in the Naval Reserve,

was he not, Mrs. Norden?

Yes, he was.

After he left the Navy,
he bought

and skippered this ship
until his death.

Some years ago in a joint
operation in the Caribbean,

your husband and this ship

were both unofficially
recalled to duty.

This was the operation
in which your husband

-lost his life, was it not?
- Yes.

Through some mix-up in orders,

the ship all but ran aground
into a lethal cross fire.

Though wounded, your husband
heroically managed

to get the ship out.

He saved everybody.

Except himself.

As an active naval officer
years before,

he'd been decorated
with the Navy Cross

for bravery under fire.

Do you know the background
of Ward Toyama, the petitioner?

He, too, was a naval officer.

A young helicopter pilot
in the Korean conflict.

Evacuating the wounded,
unarmed and alone,

he landed behind enemy lines.

He was hit three times
by enemy fire,

but he carried two injured
marines aboard his helicopter

and flew them both to safety.

Just as your husband,

he was awarded the Navy Cross
for bravery under fire.

Just as your husband,

he was a man in the same
tradition of honor and courage.

Would you now lie

and dishonor this man's name?

I've told the truth.

There's nothing else I can say.

No further questions.

Your Honor,

the direct testimony
of one witness

who is entitled
to full credibility

is sufficient for proof.

On the basis of Mrs. Norden's
testimony,

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

Your Honor,

I intend to introduce witnesses

to impeach the testimony
of Mrs. Norden.

Mr. Mason,
you had your opportunity

to cross-examine this witness.

You chose instead
to try to get Mrs. Norden

to change her testimony.

But she elected not to perjure
herself for your w*r hero.

You have no basis
for impeachment.

Testimony inferring bias
may be established

either by cross-examination
or by other witnesses,

and cross-examination
is not a prerequisite

to the calling
of other witnesses.

BURGER:
Your Honor, I repeat my motion.

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

Your motion is denied.

Mr. Mason,
I somehow get the feeling

you petitioned this hearing
on purely

technical grounds,

concerned with issues
other than jurisdiction.

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

is justice.

Call your first witness.

Mr. Smith,

in your testimony
at the preliminary hearing,

you said that
when Ward Toyama asked you

where the cabin area was,
you did not at that time

-know Frank Jensen's
whereabouts. -That's right.

Where was Frank Jensen
the last time you did see him?

In the cargo hold,
mad as anybody I'd ever seen.

I'd seen him
near one of them crates.

He'd pried open
one of the boards--

to look inside, I guess.

Was Frank Jensen present
during the entire loading time?

Well, uh, he was there
the first day

when we laid the bottom layer
of crates in the hold.

To your knowledge,

did Frank Jensen examine
any crates in the first

or bottom layer put down
in the hold?

Yeah, sure.

I seen him opening up
one of them crates.

Was he present during
the balance of the loading?

No, only when the cargo
was inspected and okayed.

Now, in terms of the first
or bottom layer

as opposed to the, uh, top

or, uh, final layer,

what crates did the, uh,
inspector look into?

He hardly bothered at all
once he knew what the name

of the shipper was--
the House of Toyama.

He just looked at a couple
of top crates.

The crate Frank Jensen
opened after the ship sailed,

where, from the bottom to top,
was that crate?

'Bout halfway down, I guess.

MASON:
The crate Frank Jensen opened--

the one which made him angry--

is that it?

Sure looks like it.

When you saw Frank Jensen
standing near that crate,

did he say anything to you?

Well, he yelled at me
to tell Captain Varnum

he wanted to see him,
the captain, that is,

right away in the cargo hold.

Yes. Smitty gave me the message.

I was with the pilot.

The fog was very bad.

I could not leave the pilot
nor the bridge.

There was already
one bad distraction

-from that Toyama.
- Distraction?

He was complaining
about the route.

I had almost to push him
from the bridge.

But it was no distraction

to be visited by Albert King
on the bridge,

now was it?

I..

Because after you received
Frank Jensen's message,

you sent for Albert King.

- Ja.
- MASON: Captain,

what is inside that crate?

What is written there--
farming implements.

Is it possible that the crates
in the hold contain contraband?

Contraband you agreed to deliver

to Yokohama without
Mrs. Norden's knowledge?

Contraband that from Yokohama
was to have been transshipped

behind the Iron Curtain
for a large profit,

a profit you would then
have shared

with your partner Albert King?

I-I...

Captain, what is in that crate?

It-It...

It's medical supplies.

MASON:
Used, obsolete r*fles.

Medical supplies, Captain?

You lied to me!

You lied to me, King!

Yes, yes,

I agreed to sell medicinal
supplies to Frank Jones.

Mostly stale, rejected
proprietary dr*gs and medicines

which were scheduled
for the scrap heap anyway,

but which he could've
unloaded for a profit.

All the crates on that ship
were supposed to be loaded

with medicinal supplies, except
for a few on top, which...

which had farming implements
in 'em,

just in case
an inspector looked.

And the rest of the shipment
were crates of, uh, these.

No. No!

Medicinal supplies
are what I sold-- that's all!

Is that why you went
to Harry Grant

to negotiate for title
to the cargo?

KING:
What?

The $ , which you gave
to him,

he, uh, gave that $ , as a
contribution to Far East Relief,

along with the $ ,
he accepted from Frank Jones.

But your conference with him--

your conference was held
at my request, Mr. King--

and it was recorded and
witnessed by Miss Sally Choshi,

also at my request.

But I.. I..

You lied to Captain Varnum.

Medical supplies were one thing,

but you knew he would never
agree to transport illicit arms.

And Frank Jensen--
or Frank Jones--

you lied to him, too,
didn't you?

But I didn't k*ll him. I didn't!

But you lied to him.

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

What?

In the same action
in which Captain Thomas Norden

lost his life,

this ship supposedly carried
another cargo

in addition to men.

It was intended to carry
desperately-needed supplies,

supplies you furnished,

supplies for which
you've never been paid.

Why?

It was all a frame.

There were empty crates
on that ship.

Frank deliberately
changed the orders.

He sent that ship into a trap,

expecting it
to be blown to bits,

so that nobody would know
he had stolen

and resold the supplies.

When he put himself
in your hands,

unaware that you knew
what had happened,

you decided to get even
by double-crossing Frank.

But when your plan
was jeopardized,

when you realized
from Otto Varnum

that Frank had opened
the crates,

what did you do?

...Well, I...

MASON: Suppose you tell us
what he did, Mrs. Norden?

Mr. King came to talk to me.

He offered to split
the profits with me.

He told me everything.

I went below to look for Frank.

I met him on the lower deck.

And when you met Jensen
on the lower deck

after you'd been told
who he really was,

what happened then, Mrs. Norden?

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

and turn him over
to the authorities.

He knocked me down

and went up the companionway.

Where he encountered and fought
with Ward Toyama.

He fell almost at my feet.

You picked up some heavy,

blunt object close at hand

and with it,

you struck and k*lled him,
didn't you,

before you rolled
his body overboard?

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

Yes, the matters referred to
in your question

are covered strictly
on a statutory basis,

but the grounds specified

in the code are not exclusive.

Now, is there another question?

WARD:
Mr. Mason?

Mr. Toyama?

In a trial
for criminal conspiracy,

can the testimony of a witness
who is a party to the action

be excluded as a vicarious
admission of an agent

against his principal?

Mr. Toyama,

why concern yourself
with an agency relationship?

Penal Code provides
that neither husband nor wife

is a competent witness
for or against the other

in a criminal action.

In other words, Mr. Toyama,

don't you think it's about time
you married that girl?

(laughter)

(theme song playing)