Original subtitles

The so -called McNaughton rule, as a test for criminal responsibility, holds

there is accountability if the defendant knew abstractedly that what he did was

wrong. How do you separate knowledge from feeling and doing, or knowledge

understanding?

What do we mean by defective reason as a bar to know it?

In response to your question, I would prefer a yardstick equating

in terms of substantial capacity either to understand the...

criminality of conduct or conform that conduct to the requirements of the law.

I have time for one more question.

Ward Toyama, attorney.

Now, Mr. Mason, in the area of criminal libel of a public official, in the

absence of inferred or expressed malice, does a constitutional guarantee of free

speech render a statement privileged, even if that statement is false?

Excellent question, Mr. Toyama, and certainly one of current interest.

I suggest the answer is yes. In March of 1964, the United States Supreme Court

held that under the Constitution...

Bayama?

Frank Jones, the G .I .B.

Central Defense Intelligence Bureau, United States of America.

Am I supposed to be impressed or frightened?

Well, let's just say you're reassured enough to sit here for a few minutes and

talk.

I'll let you talk, Mr. Jones.

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

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

you believe in?

Would you anonymously risk your reputation?

No, perhaps he wouldn't like it.

Mr. Grant, I understand from the war that the Yamas have an export license

could act as a tipping agent for some merchandise I'm sending to the Far East.

Are you telling me or asking me?

Look, Harry, you just run this business for my father. You don't own it.

That's right, I run it.

I got sick. It was a patsy for every family and overseas relief agency with a

couple of crates of used clothes to send to the old folks in the Orient.

Well, those days are over and done with now, fear you.

Howdy, I promise, Mr. Jones. You wanted to be a lawyer, not a businessman.

Fine, go out and 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.

I 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.

But 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. Grant.

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.

Who are you shipping anyway?

Why do you need our license?

And how are we involved?

Oh, I'm afraid it's a rather delicate matter.

Miss Joshi, check with the shipping clerk, please. Find out if today's will

calls are ready to go.

Yes, sir.

I'll see you before I leave, Sally.

Hello?

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 and arranging for Tiamat to act as a licensed

shipping agent, I'm prepared to pay $5 ,000.

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.

But Thomas Norton 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 Bonham.

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 built of

lady. 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.

That's the war.

Look, Captain Barnum. Save it, Mr. Toyama. The government inspects your

I look at one thing only, the bill of lading and the affidavit.

My meaning is clear?

You 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. Norton.

The ship occurs.

Mrs. Norton?

Pass the cash in advance out of the balance on unloading. Yeah.

I have a check.

Take that here, check.

I'm not sure.

I'm not sure at all.

For 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

And the legal practice you're not building up, it may have to support you,

Now, this isn't the usual participation in some cause.

This is big time, boy.

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.

You've never really thought much of the things I believed in or worked for, but

your signing those papers means a great deal to me.

Did you bring the money?

Five thousand in cash.

Mr.

King, Mr. Albert King. Oh, you're Ward Dayama.

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 Norton out of Los Angeles.

Oh, Otto Varnum's cup.

You know Captain Varnum? Yeah, I knew Varnum when it was first made for old

Norton himself.

They carried a shipment of supplies that I furnished for an abortive operation

down in the Caribbean several years ago.

Someone wrong, orders got filed out, and the ship met with resistance.

Old man Norton 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 farming

implements.

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

You'll also make sure that the cargo is trucked to the dock and loaded with oil

and tank.

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 20 years without any

trouble.

Yes, of course.

Cool. 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

200 ,000 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.

Your passport and immunization paper, please. Sorry.

Oh, this is my best mate, Frank Jensen.

Mr. Jensen, you will have someone show Mr. Priyama to his cabin.

I shall be on the bridge with the pilot.

When the tourists are on board, we'll get on the way.

Mary?

Yes, sir.

Show Mr. Priyama to cabin C and on the way show him the dining room and the

passenger lounge.

This way, sir. Watch your step.

Gordon, Inspector, check to know if your cargo is in your cabin.

We're going to be pretty busy to repair the harbor.

A piece of it like this takes a lot of eyes.

Let's repair the channel. If you like, I'll throw you around the ship.

If you want anything, just ask for me.

Mr. Jensen.

This way, sir.

Of course, meet Mr. Jensen. Has he been with the Citroen?

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

This is the combination, 500 dollars.

The other two passengers are in the now.

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 and coffee to the trip, Mr. Doyama.

Let me take my bag down to the cabin out there in the lounge.

Yes.

Mr. Ward Toyama, Miss Ursula Quigley, Captain Ursula Quigley. Army of Heaven

Mission Society.

Creamy sugar, Mr. Toyama?

No, nothing.

Business trip, Mr. Toyama?

Yes. You go to 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 is all my fault.

Your fault?

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.

Oh, not to me, Miss Quigley. I have business in Tokyo, so I only ask.

It's a favor to me as well. So Captain Barnum is really the one who deserves

thanks. You...

Taking

a ship from Zahava in a vault like this is like running a needle in the dark.

I've got no time to argue. You've got to be taking the mission north.

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

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 Barnum.

also a disclaimer in that contract of a freightman.

The ship is not bound by anything not written into the contract.

You mean to tell me, Mr. Attorney, you haven't even read the contract?

I don't know.

I'll fight fraudulent misrepresentation. As soon as I can, I'll tie this old

scow up in enough litigation to dry dock her for the next 50 years. Well, don't

forget.

Show your export license and your sworn to affidavits when you claim the delay

spoiled those, uh...

Farm implements.

Right,

right, don't.

Frank Jones?

I ain't Jensen. I was told he was in the cabin area.

He's back that way.

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 $3 bill.

Frank Jones was fired from the government service three years ago.

There's a federal warrant issued for his arrest.

Harry, I know it's too late. You won't help, but I'm sorry.

I'll apologize. You won't help either.

Go talk to the captain. Stop a hit or do something.

You're just going to let them use you?

Not me. My father.

We signed the application and those affidavits with my father's agent.

Don't you understand?

The company could lose its license. We could be run out of business.

I could be disqualified. 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, Jones. No, wait a minute. I couldn't get into any

more trouble than I am in now.

You stay out of this. You stay here in the cabin.

We double -checked the ship from out astern 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

dock. District Attorney?

Yeah. It's a matter for the police now. You are under arrest, Mr. Toyama.

Captain Goff?

Correct. Never mind.

What?

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 a first mate.

Some of you fell overboard.

It was an accident.

The most they can do is charge me with involuntary manslaughter. So?

Don't understand.

They found out I knew him.

If they found out I knew about the cargo, they'd find out I went out on

looking for him to force him to clear me.

They'll charge me with first -degree murder.

I went to see Ward off to say goodbye, you know.

And Mr.

Jensen, the first mate, 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

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 struck

and then he locked me in that closet.

Do you believe your request to see the captain is what made him attack and

imprison you?

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

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

on the ship?

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

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.

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

When Jensen fell overboard to his death, there was no intent to kill 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.

I'm sorry I wasted your time.

You can send me a bill for your good advice.

Mr. Drake. Mr. Grant.

Mr. Drake, this is 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

in by repeated blows of a blunt instrument.

I did what I would have considered an act of unforgivable stupidity in a

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

government would have had to deny it.

Even if I wanted to and had no way to start looking for confirmation.

It made all the arrangements. He had handed over considerable funds to me.

It just had the feel of being right.

Oh, you were a major order, all right.

But a father with an export license and a reputation for years of philanthropic

endeavor.

That's another thing.

He knew about my father.

He had him subdued. I hardly bothered to check the cargoes.

I agree he filled out the petition and convinced me.

You think this Frank Jones or Jensen, whatever his name, was interested only

personal profit?

Medical supplies?

Antibiotic serums?

Technically contraband to be transported overland from a port in the Gulf of

Siam to a country where we couldn't openly ship the stuff.

Frank paid King $100 ,000 for that stuff.

I thought he used government money. I was going 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.

We're wasting time.

The one and only person who can support this fairy tale of mine can't testify.

He's the man I'm charged with killing.

Do you think you killed him?

No.

No?

He was off balance, but alive.

Struggling, fighting, and kicking, and 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 one 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

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

And only then was he shoved overboard into the water.

That won't help.

Even if that's what did happen, the district attorney will claim I did it.

I'm sure he will.

Well, well.

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.

You're with us, Mr. Mason.

No questions.

He grabbed me and yelled a name.

The first mate's name, Frank Jensen?

No, Frank Jones.

But then he said he'd met the first mate.

And I told them Mr. Jensen was in midships from the cabin area.

I see.

Thank you, Mr. Smith.

Rockies out, 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 fire had lifted, you were notified that the Coast

Guard had found a body.

Now, did you identify that body, Captain Barnum?

Ja, it was my mate, Frank Jensen.

Thank you, sir.

Your witness, Mr. Mason?

No question.

I therefore move, Your Honor, that the defendant, Ward Toyama, be bound over

trial in the Superior Court on a charge of criminal homicide.

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.

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

Habeas corpus? Tomorrow morning at nine in the chambers of Judge Edward Simpson

in the federal building.

On what possible grounds?

Ward Toyama is being illegally restrained. By you.

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.

Why, that's ridiculous. You know better than that, Perry.

Yes, I do.

And so would you tomorrow morning.

See, I'm going to attempt to prove that Frank Jensen was killed 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 is to be tried for murder...

It will only be in the 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 them.

See you in the morning.

You called and said you had to see me.

You had to talk.

All right.

Talk.

When will you talk?

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

is in the name of the House of Toyama.

Go on.

Well, I thought you might wish to disassociate yourself from it.

And, um...

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 Norton?

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

Well, that's not quite true, and I think you know it.

You see, your name was on the bill of rating 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 $5 ,000 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.

$5 ,000.

In cash.

Criminal defenses cost money, you know, and that loss of some of yours just

might need help.

You're offering me $5 ,000 to assign to you something I never actually own.

Well, I explained that to you, Mr. Grant. Your name was on the bill of

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.

You can sign this.

Not your paper, ma 'am.

This gets you and the House of Toyama off the hook.

In return for consideration, I return to you.

All right, and title to the shipment of farm implements. The shipment that you

had delivered to me.

You also acknowledge that my activity was as your agent, and this contract

terminates my agency on your behalf.

All right.

You've got a deal.

The petition and the answer are in total disagreement as to exactly where the

murder took place.

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. Berger?

Well, that seems perfectly reasonable, Your Honor.

Fine, then I'll continue the order remanding the prisoner to your custody,

Berger.

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

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. Berger?

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

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

to make possible introduction of the ship as evidence in the case.

Your request is granted, Mr. Mason.

Yes, I do have an export license.

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

We're always making overseas shipments of mission supplies, food, and clothing.

Ms. Quigley, during the past 24 hours, has anyone contacted you and tried to

make arrangements to use that export license?

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, 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 shipment of farming implements in the boat?

Well, since they had already been cleared for export, I arranged to have

out under our license in return for free passage and shipment of our goods to

Yokohama. With whom did you make the arrangements?

With Captain Barham, of course.

Hello, Captain Barnum.

You wanted to see me?

Yeah. Here, sit down, won't you?

I prefer to stand.

Well, I prefer to sit.

This injunction, you did it?

Yes. My contacts.

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

a contract.

On 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.

Even so you know that the killing 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 pilot left your ship outside the harbor.

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 killed outside the harbor after the pilot left.

You personally don't know.

But there is evidence that proves otherwise. Is that what you're

No threat.

I just tell you.

Suppose there is someone aboard the ship who heard something fall to the lower

deck.

Who heard and saw board 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 Smithy's is all

district attorney wants.

Ours alone.

And it says only that the killing is outside the harbor.

So, we take up this injunction, yeah? By this somebody, I take it you mean

someone... who's deliberately remained quiet, someone who was hoping to get a

profitable cargo on its way, someone such as Mrs. Norton.

Well, Captain Barnum, please give the lady my regard and tell her I shall be

pleased to hear her testify at the hearing three days from now on board

ship.

Your Honor, Mr. Mason had a flight 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.

Good morning, Mr. Mason.

State of California is ready, Your Honor. This is a petition for a writ of

habeas corpus ad subgeocentum.

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, the burden of

persuasion is his.

Your honor.

Mr. Berger. The state contends, of course, that this petition submitted by

Mason was and is wrongful in that its purpose was simply to delay and to

the prosecution and the witnesses involved in this case. The state

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. Berger.

Mrs. Esther Norton, please.

Nana, after I heard whatever it was fall from the upper deck, I heard and saw

Mr. Toyama come down the companionway.

He disappeared 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.

In relation specifically to the time the harbor pilot left the ship, when did

all this occur?

It happened before the pilot left the ship, while we were still inside the

harbor. Thank you, Mrs. Norton. Cross -examine, Mr. Mason.

Your husband, after whom the ship was named.

Was an officer in the Naval Reserve, was he not, Mrs. Norton? 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

crossfire.

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

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

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.

Look for the question.

Your Honor, the direct testimony of one witness who's entitled to full

credibility is sufficient for proof.

On the basis of Mrs. Norton'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

Norton. Mr. Mason, you had your opportunity to cross -examine this

You chose instead to try to get Mrs. Norton to change her testimony. But she

elected not to perjure herself for your war hero.

You have no basis for impeachment.

Testimony -inferring bias may be established either by cross -examination

other witnesses.

And cross -examination is not a prerequisite to the calling of other

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've ever seen. I see him near one of them crates.

He probably opened one of the boards to look inside, I guess.

Was Frank Jensen present during the entire loading time?

Well, 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

hold? Yeah, sure.

I seen him open one of them crates. Was he present during the balance of the

loading? No, only when the cargo was inspected and located.

Now, in terms of the first or bottom layer as opposed to the top or

final layer, what crates did the inspector look into?

He hardly bothered at all once he knew the name of the ship or what 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?

About halfway down, I guess.

The crate Frank Jensen opened, the one which made him angry, is that it?

It looks like it.

When you saw Frank Jensen standing near that crate, did he say anything to you?

He only yelled at me to tell Captain Varden he wanted to see him. The

that is, right away in the cargo?

Yes. He gave me the message.

I was with the pilot.

The fog was very bad.

I could not leave the pilot nor the breach.

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?

But I... Because after you received Frank Jensen's message, you sent for

King.

Yeah. Captain, what is inside that crate?

What is written there? Farming implements.

Is it possible that the crates in the hole contained contraband?

Contraband you agreed to deliver to Yokohama without Mrs. Norton's

Contraband that from Yokohama was to have been transhipped behind Aaron

for a large profit? A profit you would then have shared with your partner,

Albert King?

I... Captain, what is in that crate?

It's... It's medical supplies.

dobs to leak rifles.

Medical supplies, Captain?

You lie to me. You lie to me, King!

Yes, yes, I agreed to sell medicinal supplies to Frank Jones.

Mostly stale, rejected, proprietary drugs and medicines, which were

for the scrap heap anyway, but which he could have unloaded for a profit.

All the crates on that ship were supposed to be loaded with medicinal

except for a few on top, which had farming implements in them, just in case

inspector looked.

And the rest of the shipment were crates of 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?

What? The $5 ,000 which you gave to him.

He, uh... Gave that $5 ,000 as a contribution to Far East Relief, along

$5 ,000 he accepted from Frank Jones.

But your conference with him, your conference was held at my request, Mr.

That was recorded and witnessed by Miss Sally Stoky.

Also at my request.

But I... I... You lied to Captain Barney. Medical supplies were one thing,

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 kill 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 Norton 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,

decided to get even by double -crossing, Frank.

But when your plan was jeopardized, when you realized from Otto Burnham that

Frank had opened the crates... What did you do?

I...

Why, suppose you tell us what he didn't know.

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

was, what happened then, Mrs. Norton?

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?

With it, you struck and killed 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?

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

principle? Mr. Toyama, why concern yourself with an agency relationship?

Penal Code 1322 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?