Original subtitles

Deep in the vaults at Television City in Hollywood was this can of film, which

was found by a dedicated young man named Bob Haxby.

It contained Raymond's talent test to play Perry Mason.

But we discovered he was also tested for the role of Hamilton

Berger, the DA.

Now look at this film.

Can you believe this? Seriously, this hasn't been opened since 1956.

Ah, what a joy to find it. This is his test.

No one has seen this film since 1956, over a half century ago.

Yes?

Hamilton Burger?

Fine, send him in.

Well, if it isn't the brand new district attorney himself.

Good afternoon, Mr. Mason.

Is this an official or social?

Well, I hope it's going to be social.

Fine.

Have a chair.

Thank you.

A cigarette?

Why, thanks.

It won't be necessary to take down what I'm going to say, Mr. Mason.

But it will be necessary to take down what I am not going to say.

And the only way we can do that is to have a record of what I did say.

I think you ought to know.

I've been checking on you.

Yes, I know.

Here's a copy of the report you got on me this morning.

I heard you had a reputation for resourcefulness.

Did you come here to discuss my reputation?

In a sense, yes.

I came here to tell you I think you're a fine attorney and that I admire the way

you work.

If you don't mind, I'll thank you when you're entirely finished.

Sad experiences have taught me that words of praise are usually preliminary

kick in the pants.

Oh, no kick in the pants this time.

Just shaking hands, waiting for the bell to ring, and then out we come fighting?

And saying I'm going to fight according to the Marquess of Queensberry.

Oh, sure, it's my job to get convictions.

But I wouldn't like to awaken at three o 'clock in the morning with a nightmare

of an innocent victim screaming in the gas chamber.

That's why I don't mind fighting you. And if I win, my conscience will be

But don't be too sure. I'm not infallible.

But since you're being frank with me, and you're the first DA who has been,

be frank with you.

I don't ask a man if he's guilty or innocent.

When I represent him, I take his money and handle his case.

Guilty or innocent, he's entitled to his day in court.

But if I should find out that one of my clients is really guilty of murder,

without being legally or morally justified...

I'd make him plead guilty and trust to the mercy of the court. You mean any man

you knew to have committed a murder, you would... Remember what I said.

If any person is legally or morally justified in killing, I'll save that

from the penalty if it's humanly possible.

That's where we disagree, Mason.

That's why we sit at different tables in the courtroom.

That's why I want you to produce Hazel Fenwick.

I don't know where she is.

That may be true.

But you still might be able to produce her.

I can't risk my witness in such a danger.

It's our job to protect her.

And if you fail?

It's a risk we must take.

I understand.

And I'm not really worried about the woman.

It's those nightmares you might have at three o 'clock in the morning.

All right, Mason.

You've declared the war.

I'll give you two hours to produce that witness, or you'll be in yourself a

contempt of court.

Well, good evening, or rather good morning.

Where's the girl?

She didn't show up.

Are you sure, Della?

Positive. Oh, by the way, we did have a visit from the police.

What did you tell them?

I figured you'd found out they were coming and ditched the girl.

That gave me a chance to, well, be sort of sassy when they asked me what I was

doing here at three in the morning.

I told them I was studying to become a detective.

Because so many were incompetent, there should be room for one intelligent one.

Della, how soon did you get here?

Five minutes after you telephoned me.

Three minutes before Paul.

Ten minutes before I woke up.

Oh, by the way, Paul left this for you. Oh.

What did you do to get rid of the police?

I let them look everywhere but under my coat.

Glad you drew the line someplace.

There is such a thing as invasion of privacy.

I wasn't sure, but I thought the Constitution must say something about

What did these mean, Perry?

Six instead of seven.

It means nothing's going to happen for a few hours.

So, we might as well go out and find some late spot on Main Street and

celebrate.

Harry.

Remember, you told me to dress in a hurry.

This coat covers a multitude of sins.

If I took this off, in a nightclub, I'd be arrested.

Well, it might as well be for that as for murder.

Murder?

Do you know a good lawyer?

We may need one.

Harry.

Good evening. Or rather, good morning.

Where's the girl?

She didn't show up.

You sure, Della?

Positive.

But we did have a visit from the police.

What did you tell them?

I figured you found out the cops were coming and ditched the girl.

That gave me a chance to be sassy with them when they asked me what I was doing

here at 3 o 'clock in the morning.

I told them I just dropped in to study.

That I often did some night studying because you wanted me to become a

detective.

They asked me why.

So I said, you said so many detectives were incompetent.

There should be lots of room for an intelligent one.

That'll help.

How soon did you get here?

Five minutes after you telephoned me, three minutes before Paul Drake, and ten

minutes before I woke up.

Paul left that for you.

What did you do to get rid of the police?

I let them look everywhere but under my coat.

I'm glad you drew the line somewhere, Della.

Such a thing as invasion of privacy.

I wasn't sure.

But I thought the Constitution must say something like that.

What do these mean?

Six instead of seven.

They mean that nothing's probably going to

happen for a couple of hours.

So why don't we go to some late joint and celebrate?

Perry, remember?

You told me to get dressed in a hurry.

This coat hides a multitude of sins.

So hadn't we better stay here?

If I took this off in a nightclub, I'd get arrested. Oh, come on.

Might as well be arrested for that as for murder.

Murder?

Yeah. You know a good lawyer?

Perry!

Well, my chair a comfortable track?

Fine for me. It might be a little hot for you.

Oh, don't worry about me.

They call me Iron Pants. Oh!

Did you wear them last night at 6 o 'clock? If so, where?

Well, offhand, I don't remember.

Then start thinking.

All right.

How long do I keep thinking?

Till you think of an answer.

What happened?

Who's going to catch the boys pinching penny candy all through next week while

you're waiting?

Barry, I want to give you the breaks, but this is a murder.

And you're in a different position than you usually are in a murder case.

Cigarette?

Just, uh, where were you at 6 o 'clock last night?

I can't answer that.

Why not?

Would violate a professional confidence. You were interested in a gun, Smith &

Wesson.

Having a number S6088.

What's that?

A gun that was used for a murder.

If I had been interested in that gun, and at the present moment I'm not

to admit that I was, Lieutenant, it would have been because of its

evidence in a civil matter. I had no inkling it was used in a murder. Then

why were you interested in the gun?

Sorry, Lieutenant, I can't answer that. But I'll answer any question I can. All

right, when did you first see the gun?

And why were you tracing it?

Privileged communication.

The numbers on that gun were ground off by a nice little emery wheel.

And the grindings of the metal looked like a very fresh job.

Indeed. Except that one number was overlooked.

Okay, listen to me. You, Mason, listen, Perry.

That gun was used to murder Pitkin.

And I can establish definitely the barrel had your fingerprint on it.

Now come clean, Perry.

And I'll do everything I can to get you a square deal at headquarters.

And with the district attorney?

Well... Trank, you know as well as I do that D .A. would give up three murder

convictions just to find me guilty of spitting in a public place. With your

fingerprints on a murder gun, he could throw the book at you.

Let him throw.

I've handled his curves before.

Well, I gave you a chance.

You're a witness, Mr. Mason.

You go by the name of Miss Yvonne Manco?

Yes. You have another name?

No. You were really married to Monroe Baxter, were you not?

Yes, but now that I'm a widow, I choose to keep my maiden name of Yvonne Manco.

I see. You don't want to bear the name of your late husband.

It's not that.

Yvonne Manco is my professional name.

What profession?

Dancer. You were, however, married to Monroe Baxter.

Yes. On shipboard?

Yes. Was there any previous ceremony?

No.

Miss Manko, are you familiar with what is referred to as a common law marriage?

Yes. Have you ever gone by the name of Mrs. Baxter?

Yes. Prior to this cruise?

Yes.

In other words, this is not the first time he pretended to jump overboard and

drown in order to smuggle in diamonds.

That's right. And in other words, you knew that again you were engaged in an

illegal enterprise.

I'm not stupid.

I know that.

After this investigation started, you had some contact with the district

attorney's office?

Naturally.

It's a witness for the prosecution.

Naturally.

And was it not through the offices of the district attorney that arrangements

were made so that you could testify in this case and still be held harmless and

not prosecuted for smuggling?

Well... Please answer the question.

Well, there was no definite agreement.

Why? That would have been unwise.

Oh? Why?

It was agreed by all that would be unwise.

By all? Whom do you mean? Whom do you include?

Everybody.

Customs people, the police, the district attorney, my own lawyer.

Oh, I see.

They told you it would be unwise to have a definite agreement to this effect.

But they gave you every assurance that if you testified as they wished, you

would not be prosecuted for smuggling. Your Honor, I object. That calls for

conclusion from the witness when Mr. Mason says, as they wish.

Your Honor, I'll put it this way.

Was there some conversation as to what you were to testify to?

The truth.

Who told you that?

Mr. Berger, the district attorney.

And was any assurance given you that if you so testified, you would be given

immunity from a smuggling charge?

If I testified to the truth, yes. And before this assurance was given you by

these people, You had told them what the truth was?

Yes. And it was the same story you have just told on the witness stand here?

Yes, certainly. So that when the district attorney says to tell the

understood that he meant the same story you have just told here on the witness

stand? Yes, I've said that. So then, the assurance that was given you was, if

you would tell the same story you have just told on the witness stand, you

be given immunity from smuggling. That was my understanding. Then you did make

deal with the district attorney.

Well, it was not... Not that...

Rude. That, Miss Manco, is all. And thank you.

You're a witness, Mr. Mason.

You go by the name of Miss Yvonne Manco? Yes.

Have you another name?

No. You were married to Monroe Baxter, were you not?

Yes.

Now that I'm a widow, I choose to keep my maiden name. It'll be Von Manko. Oh,

see. You don't wish to bear the name of your late husband. It's not that.

Von Manko is my professional name.

What profession?

Dancer.

You were, however, married to Monroe Baxter.

Yes. On shipboard?

Yes.

There have been no previous ceremonies?

No. Are you familiar with what is referred to as a common law marriage?

Yes. Have you ever gone by the name of Mrs. Baxter?

Yes.

Prior to this cruise?

Yes. In other words, this is not the first time that Mr. Baxter pretended to

jump overboard and drown in order to smuggle in some diamonds.

That's right. And in other words, you knew that once again you were engaged in

an illegal enterprise.

I'm not stupid.

Oh, I know that.

Now, after this investigation was started, you had some contact with the

district attorney?

Naturally. He's a witness for the prosecution.

Naturally. Was it not through the office of the district attorney that

arrangements were made so that you could testify in this case and yet be held

harmless and not prosecuted for smuggling?

Well... Please answer the question.

Well, there was no definite agreement.

Why?

That would have been unwise.

Why?

It was agreed by all to be unwise. What do you mean by all? Whom do you include?

Everyone. Customs people, district attorney, police, my own lawyer.

I see.

They told you it would be unwise to enter into an agreement to this effect.

But nevertheless, they gave you every assurance that if you would so testify

they wished, you would not be prosecuted.

Your Honor, I object.

That calls for a conclusion from the witness when Mr. Mason says, as they

Your Honor, I withdraw the question.

I'll, um... I'll put it this way.

Was there any conversation as to what you were to testify to?

The truth.

Who told you that?

Mr. Berger, the district attorney.

Had you been given some assurance that if you so testified, you would be given

immunity from the smuggling charge?

If I testified to the truth, yes.

Before you were given this assurance by these people, had you told them what the

truth was?

Yes. And that was the same story you've just told here on the witness stand?

Yes, certainly.

So that when the district attorney said, tell the truth, it was your

understanding he meant tell the same story you've just told here? Yes, I've

that. So then your assurance was that if you would tell the same story you've

just told here, you would be given immunity?

That was my understanding.

So then you did make a deal with the district attorney?

Well, it was not... not that

crude.

Thank you. That'll be all.

Thank you.