"Now, to the political news." "Attention focused this morning on the pre-convention caucus meeting in the Los Angeles Hotel to select nominees for the slate of state officers." "Of particular concern is the nominee for the office of lieutenant governor." "Most experts agreed the shoo-in for the job was the man who has unsuccessfully sought it for the past 12 years," "Victor Kendall, publisher of "The Clarion."" "But a sudden dark horse has loomed into contention." "The feeling in informed circles is that the party needs to create a new image, an image of unshakable integrity." "Will that new image take the form of the most highly respected judge in the state," "Judge Daniel Redmond, of the District Court of Appeals?" "To make men pay for faults they have not committed is an extension of a legal fiction that was wrong 21/2 centuries ago when the doctrine just exploded full-flower on the scene as an axiom of common law." "I think it was wrong then." "I find it no easier to accept today." "Judgment is affirmed." "Court adjourned." "Mr. Mason," "I'm sorry your first experience in my court was a losing one." "You argued well." "But unfortunately you argued the wrong law." "Candidly, Your Honor," "I think as little of the legal precedent you cited as you did of the one I cited." "If "Jones vs. Hart" was wrong 250 years ago, you think "Priestly vs. Fowler" was just as wrong 126 years ago?" "Don't you think so?" "It's still the law, Mr. Mason." "Words on paper." "The oxcart in an atomic age." "As you know, the law is more than a record of upheld decisions." "It's a testament to the people who created those words" "I like that argument." "Use it when you have your rehearing before the State Supreme Court." "The State Supreme Court has never overruled a decision of yours, not once in 20 years." "I doubt if they will in this case, either." "But there's always a first time." "Good luck, Mr. Mason." "Chalk it up to the wrong judge on the wrong day, Perry." "What do you mean?" "Well, if he had even a remote chance for that nomination as lieutenant governor, he should have heard about it hours ago." "Pleasant or not, I think that's really what was on his mind." "No, not Daniel Redmond." "Nothing could or would interfere with his impartial consideration of a case." "I'd take an oath any day on his absolute integrity and devotion to the bench." "[Footsteps approaching]" "These decisions need your signature right away." "Thank you, Marian." "I'll sign them in a minute." "That law symposium at the University of San Fernando Valley-- write them I'll be free to attend and participate." "But you were holding off until you found out whether you were going to get the nomination." "They can set their own date." "Marian, at best that nomination was only a one-in-a-million long-shot that didn't come in." "It didn't mean that much to me, not really." " [Door opens]" " Yes, sir." "Mr. Torrey, you've come from the caucus." "Have they" "Congratulations!" "Mr. Nominee for lieutenant governor!" "Aren't you going to say anything?" "Nothing to say!" "It didn't mean that much to him, not really." "Mr. Weston, let me commend you on your conduct as a witness this past week." "The area of military contract negotiation is a complex one." "Your understanding and cooperation have been of inestimable help." "Thank you, Senator Deering." "All right, Mr. Wall, suppose you continue the questioning." "Senator Deering, I ask permission to deviate from our agenda." "Now, I've obtained some Navy procurement information, dating back to March of 1943, that's of utmost importance." "I should like to question Mr. Weston about the facts involved." "Well, now, Mr. Wall, I don't know" "Mr. Wall, does this matter concern marine engines?" "Yes, it does, Senator." "Seems to me I remember some talk years ago about marine engines." "They may have explained it to everyone's satisfaction, but where that many millions of the taxpayer's money was concerned, it wasn't explained to my satisfaction!" "Senator Deering, I'm sure you're going to feel that a scandal of this nature is rightly the concern of every dedicated public servant." "All right, ask the questions." "The 4 years you spent in Washington during World War II, you were, Mr. Weston, employed by the accounting department of the United States Navy?" "Yes, the Navy." "You were employed there during the month of March 1943, were you not?" "Oh, that is..." "Oh, come on now, Mr. Weston." "Specifically, were you or were you not employed by the Navy in Washington in March of 1943, when several million dollars' worth of marine engines belonging to the Navy were fraudulently appropriated?" "I know the Navy had a lot of those engines, all right." "I don't know." "That is" "If necessary to obtain all the facts we may be prepared to offer you personal immunity." "I refuse to answer." "That's right!" "I take the 5th Amendment!" "A witness can't select the questions he will or will not answer." "Once he answers one material question, he waives the 5th Amendment." "That's not fair!" "You talk about immunity, and then you say" "I can't take the 5th!" "What is this?" "!" "Mr. Wall, this line of inquiry is very promising and must, at any cost, be continued despite the fact that your witness is obviously startled and unprepared." "Mr. Weston, I want to give you every opportunity to refresh your memory, and, if you like, consult an attorney." "This hearing stands adjourned until tomorrow morning at 10:00am" "Hello, Victor." "Your Honor." "A little formal, aren't you?" "It used to be "Dan."" "I hope you aren't going to let politics reduce us to a status of painful politeness." "You expected the gracious loser to graciously close ranks and beat drums for the winner?" "I would have, Victor." "In the past I have, too, when the man who beat me out was, well, if not the better man, at least a man fit for the job." "Trying to be both judge and jury, aren't you?" "So I'm not fit, am I?" "I gather you think you are." "I wouldn't have permitted myself to be considered for the nomination if I thought my past could come back to haunt me." "Now, Look here, Mr. Kendall, you can't" "It's all right, Marian." "What are you talking about, Victor?" "The Senate hearings in town." "One of my reporters dug out the fact that apparently these hearings are aimed at you!" "That's ridiculous!" "It would be even more ridiculous to have the nominee for the second highest office in the state exposed as a crook." "You said something about my past." "What do you mean?" ""The rock of integrity!"" "That's what they call you, isn't it?" "Well, it's just possible that rock has a great big crack in it, a crack of dishonor, Your Honor!" "Prosecution for fraud against the government, for which there's no statute of limitations, would frighten me." "I'm surprised it obviously doesn't seem to frighten you." "Notice the look of panic on your friend's face." "My what?" "Friend." "Didn't you know him years ago?" "Didn't you know him when you were in the U.S. attorney general's office in Washington?" "A Mr. Martin Weston?" "Weston?" "You know him?" "Washington, 20 years ago." "I don't know." "There's something familiar about the face." "Something..." "Marian, this Weston, see if you can get me his address." "I've done nothing wrong." "But I do want to find out what this is all about." "Please, get me his address." "It's not fair." "No sir, it's not fair." "You meet a distinguished friend you haven't seen in 20 years and what happens, huh?" "He comes in, and he drags a gentleman out of his favorite bar, that's what." "I couldn't talk to you in that bar." "And I'm afraid you've had more than enough to drink." "I must protest!" "That's what you think, Your Honor!" "This is very important to me," "Weston." "Does our knowing each other casually in Washington 20 years ago have anything to do with those Senate hearings you're involved in?" "You mean you don't remember?" "Heh, that's a shame." "You see, there was a group of us at a party, a very nice party, all very refined types." "And we cheated little ol' Uncle Sam out of a considerable number of Navy engines." "Of course, you wouldn't know about that, would you?" "Now, look, Weston!" "If you please!" "Look, please, those Navy engines... 20 years ago we--we were two bright young men in government." "With...bright futures." "And...then brightness went out for me." "That's right." "I envied you." "Respect!" "A good man, Judge Redmond!" "A man everybody looks up to and--and trusts." "An honest man!" "The biggest crook." "You don't know what you're saying!" "Don't know what I'm sayin', huh?" "That's what you think!" "But I know!" "Heh heh." "Yes, sir, I--I know!" "I got my cut, all right." "But so did you!" "Weston!" "Weston!" "Weston!" "If you're--if you're looking for Mr. Weston," "I'm afraid he's not well at the moment." "I saw the story in the paper." "Thought I'd talk to him." "He's drunk again, I suppose." "Yes." "It's a shame he doesn't have your strength, Daniel." "But then few people do." "Madge!" "It's Madge" " Madge Eberly!" "It's only 20 years, Dan." "For a moment I didn't think you wanted to remember that many years back." "Assistant city attorney to assistant United States attorney general, and now a famous judge." "It's been a long road." "And lonely?" "I don't know, Madge." "Perhaps at times." "Did you know that I almost proposed to you in Washington 20 years ago?" "Knew it, expected it, was disappointed when it didn't happen." "Now you know." "Madge, I..." "There was even one night at a party, you tried so hard to impress me with your romantic ardor that you spent over an hour discussing the finer points of, what was it?" "Oh, yes, statutory fraud." "Wait a minute, Madge." "Weston said something about a party." "I seem to recall a night that you took me to a party." "At Gus Sawyer's apartment, of course." "That was the night you met Martin Weston and Gus Sawyer." "Lobbyists are so generous." "Gus gave me a flacon of perfume that night." "Madge, please!" "That night." "It's coming back to me now." "Wasn't I talking about fraud, talking about how stupid some people were in their attempts to cheat the government?" "That's right." "You were explaining it all to Martin Weston and Gus Sawyer." "Of course!" "Of course!" "That's what Weston was babbling about." "A tempest in a teapot!" "Was it, Dan?" "Well, of course." "You were there." "You know I was only answering some questions about a case" "I'd handled in court." "Do I?" "What are you trying to say?" "The "loner," the man who needed nobody-- not me, not anybody!" "Are you saying how you want help, Dan." "My help?" "I'm sorry, Madge." "Perhaps I'd better leave." "Dan, I'm not bitter, really." "As a matter of fact, now that I'm a California resident I've even opened up my own business, a gift shop, Dan, this week." "Now that I can, I'll even vote for you." "Gus Sawyer, the lobbyist." "You know, I've always been dying to ask you, Dear, how much of a pay-off did he arrange for you?" "[Door opens]" "[Footsteps]" "Evening, Judge." "I heard something out here and thought it might be you." "Quinn?" "Is that you, Quinn?" "Yes." "I couldn't locate you at your club, figured you might be here." "I'm glad we caught you." " Come on in." " We?" "That's right." "Gus Sawyer's here with me." "Well, well, well." "Daniel come to judgment." "It's good, very good to see you, Your Honor." "Get out of my chair!" "Afraid I'll contaminate it?" "Quinn, you know what this man said about me once?" "He said, "Someday, Gus Sawyer's" ""going to slide into hell on the melted grease of his own bloated evil!"" "Thank you, Quinn, you've made my day complete!" "A threatening blackmailer, an hysterical alcoholic, a vindictive woman, and now you bring this--this cheap panderer to corruption!" "Oh, now, Danny Boy, take it easy." "You know something?" "I'll bet they make you captain of the debating team up at federal prison." " Why, you" " Dan!" "Quinn, what's--what's going on?" "!" "What's happening?" "!" "Don't you know yet?" "I don't know what I know any more!" "The fact that one night 20 years ago," "I answered a few simple questions, something's become kind of-- of a nightmare!" "Simple questions, Dan?" "20 years ago someone devised a foolproof scheme to defraud the government of a fortune." "That scheme was put in operation and succeeded." "Everybody connected with that scheme profited." "Everybody." "This is what Weston is going to testify about?" "Yes." "How do you plan to stop him?" "Why should I?" "I have nothing to do with whatever he's involved with!" "You and only you are the one he plans to name publicly tomorrow!" "Now, you'd better stop him." "You're out of your mind, Quinn!" "Name me?" "For what?" "!" "Don't play games, Dan, especially with us!" "I'm the one that paid you off, remember?" "Judge Daniel Redmond!" "Your appointment to the bench-- it was bought and paid for!" "I called Quinn, told him your price." "He gave me $10,000." "As you might guess, Judge," "I obviously used it where it did the most good." "Who told you I wanted you to buy me a judgeship?" "Who?" "!" "The man that's going to crucify you the minute he opens his mouth and talks" "Martin Weston!" "[Knocking at door]" "Weston." "Weston, listen to me." "I've got to talk to you!" "Immunity." "That's what I said." "Immunity..." "Weston, please." "Did--did you call Gus Sawyer 20 years ago" "You'll pay, buddy!" "You'll pay, pay, pay..." "Weston!" "Weston!" "[Mumbling]" "[Coughs]" "Man:" "Won't do much good." "He's that way every night." "He usually sleeps it off by morning." "Then he's fine, Judge Redmond." "I'm James Wall, Your Honor, counsel and special investigator for the United States Senate Sub-committee on Business and Procedure." "I wanted to speak with you, Mr. Wall, find something out." "Well, that makes us even, Your Honor." "Because I've been looking for you." "Here's a subpoena, Judge Redmond." "Suppose we talk it out in the hearing room." "Just after Martin Weston finishes what he has to say." "Weston: 100 engines..." "Navy engines...heh." "Fraud..." "Morning, Della." "Along with your lovely face and soothing voice," "I could use a cup of steaming hot coffee." "Mason:" "Well, that was fast." "What is it, Della?" "Marian Lamont, Judge Redmond's secretary, is outside." "To see me?" "She's on the verge of a collapse, Perry." "She's frightened, badly frightened." "Something about Judge Redmond in trouble." "Bring her in." "Mr. Mason, please, I must see you!" "Come in, Miss Lamont." "The judge has no family and no one that you could call a close friend." "And I didn't know who else to turn to, Mr. Mason." "Won't you please help?" "Well, did the judge ask you to come to see me?" "No." "And he'd be furious if he knew that I came to see you." "But I had to!" "I've been his secretary, Mr. Mason, for 20 years." "20 years with the finest, most unselfish man that I have ever known." "He should've let me go when I had my heart attack 3 years ago." "But he didn't." "Even though it meant more work for him, he insisted upon helping me." "And I have got to help him now." "Miss Lamont, there are certain standards of legal behavior" "He's in trouble, Mr. Mason, desperate trouble!" " He needs help!" " What kind of trouble?" "I don't know for sure." "It has something to do with that Senate hearing that they moved here from Washington." "Whatever it is that they're trying to uncover," "I'm afraid that the judge may be involved." "I find that difficult to believe, Miss Lamont," "Judge Redmond and scandal." "He cancelled his calendar and dictated 2 letters this morning." "The first was his withdrawal as a nominee for lieutenant governor." "And the second letter, Mr. Mason, was his resignation as a judge of the District Court of Appeals." "Della, get Paul." "Come on, Miss Lamont." "Hi, Perry." "Good morning, Paul." "Miss Lamont, this is Paul Drake, a private investigator who works with me." "It will save time if he's with us." "He should be in his chambers." "That's where I left him." "Marian, what are these gentlemen doing here?" "I asked them to come." "Why?" "I..." "Dan, please." "Miss Lamont was concerned." "She thought you might need some assistance, Judge Redmond." "I appreciate her concern and your response to it." "But I'm afraid the effort was wasted." "I thank you anyway." "Good day, gentlemen." "I understand you didn't plan an active political campaign, that you intended to remain on the bench." "I'm sure Marian unburdened herself to you completely." "I'm tired." "I'm upset." "I'm in no mood to undergo one of your famous cross-examinations." "Even the devil has his advocate." "I assume your case is better than his." "That assumption is the first step in the unlawful solicitation of a client!" "I suggest you leave, Mr. Mason, now." "So that you can roll over and play dead?" "Is that what you want?" "You have no right to meddle!" "On the contrary!" "Not only a right but a duty!" "A duty to maintain the respect due the courts of justice and judicial officers." ""Words on paper." Isn't that the expression that you used?" "Let me read you something." "Part of a decision handed down by a very famous judge" ""Truth is found only where dedicated men" ""are free to enquire after it." ""If we refuse to fight for the dignity of truth, we have substituted expediency for justice."" ""Kleeman vs. Craig."" "Presiding--Judge Daniel Redmond." "3 witnesses are prepared to corroborate" "Martin Weston's testimony, at this moment in a Senate hearing that--that I planned the fraudulent appropriation of government property." "And that my... my "payoff"... was appointment to the bench as a judge." "Is it true?" "No." "All right, Paul, start digging-- here and in Washington." "Use an army if you have to." "All right, Perry." "The two letters Judge Redmond dictated this morning-  have you mailed them yet?" " No." " Tear them up." " Yes, sir, Mr. Mason." "I don't understand." ""If we refuse to fight for the dignity of truth, we have substituted expediency for justice."" "Did you mean that?" "Of course." "If I'm going to represent you, I'll need all your trust." "Redmond, you won't get away with this, believe me!" "Get away with what?" "Weston--he didn't show up this morning!" "As a disinterested publisher of the news, Mr. Kendall, aren't you jumping to a conclusion that Judge Redmond is responsible?" "You may get away with hiding Weston but you won't hide the truth!" "Not even the great Perry Mason can help you with that." "[Whispering]" "Ladies and gentlemen, these hearings are temporarily postponed." "Mr. Martin Weston, the sub-committee's principal witness, has just been found in his apartment--dead!" "[Murmuring]" "Weston's death is very convenient for you." "How did you arrange it?" "That's a serious accusation, Mr. Kendall." "Save it for the courtroom, Mason." "Redmond, I'm going to ride the police on this until they're saddle-sore!" "And if you had anything to do with Weston's death," "I guarantee, if it's the last thing I do," "I'll see every last dirty fact brought to light!" "You can take him." "Well, Doc?" "Death by poison." "Possible suicide?" "Always possible." "My guess is no." "It, uh, wasn't the kind of poison most people would likely have around the house or have easy access to." "Well, what was it?" "Can't tell for sure until I do a post mortem." "But I'd guess morphine sulfate." "Sounds familiar." "Specific for chest pains related to heart trouble." "Be very interesting to find out if Martin Weston was that severe a cardiac case." "Here." "Take a look at this." "It's all right." "We've already lifted the few prints that were on it." "Hard to tell." "We'll have to run a chemical analysis on it." "However, it could very easily be morphine sulfate." "We found it under the bed." "Who is Marian Lamont?" "I don't know." "But I'll find out." "I keep thinking about what Kendall said." "Is it possible there was something... something unusual about Weston's death?" "We'll find out soon enough if there was." "Now, did Weston say anything to you when you went back to see him?" "Yes, he kept muttering something about, uh, immunity." "Yes, immunity." "Then when the sub-committee counsel showed up--Mr." "Wall" "Weston said something about "You'll pay." "You'll pay."" "Your earlier visit, after you'd seen Kendall," "Weston intimated that you'd been paid off." "Did Madge Eberly make that same accusation?" " Yes." " Gus Sawyer?" "Quinn Torrey?" "They all made reference to the same allegation of fraud." "That's all it was-- an allegation?" "Now, look here, Mason!" "Save the fight!" "Just remember, I'm with you, not against you." "Heh heh." "I'd like to watch you working in court sometime, if I ever-- when I get out of this mess." "Let's go over the facts again." "20 years ago." "Washington, D.C." "You were an assistant attorney general." "Madge Eberly took you to a party at Gus Sawyer's house." "Start there." "I'd just successfully prosecuted a fraud case in procurement." "Now, as I recall, Weston was very curious about the facts, some of the accounting procedures involved." "Weston was at the party." "You explained to him the mistakes that led to the discovery and conviction on that fraud?" "That's right." "And that's all!" "I merely pointed out, in detail, the stupid mistakes made by this man that I'd just prosecuted!" "By getting a recital from you about what shouldn't be done, they work out a concept of what could be done." "Now, you had no idea that there was a plan for fraud or that it was about to be put into practice?" "I never dreamed of it!" "Quinn Torrey says there was." "You never personally profited from it?" "How could I?" "I knew nothing about it!" " You didn't call Weston?" " No." "You didn't ask him to call Gus Sawyer about making you a judge?" "No, no, no, no!" "[Intercom buzzer]" "[Lifts phone]" "Yes, Della." "Bring him in." "[Sets phone down]" "The moment of reckoning." "Judge Redmond." "This is Lt. Anderson, homicide, Los Angeles Police." "I'm, um, I'm sorry to interrupt." "That's all right, Lieutenant." "Your Honor, I'm afraid I'll have to ask you to come with me." "I assume you have a warrant?" "Yes, Your Honor." "The charge?" "Murder." "But..." "Wait a minute." "What's this about?" "The first degree murder of..." "Martin Weston." "Mr. Kendall, you are the publisher of" ""The Daily Clarion?"" "That's right." "Now, on the day before Martin Weston was discovered in his hotel room murdered, did you have occasion to visit the chambers of the defendant, Judge Daniel Redmond?" "I did." "And would you, please, tell this court, Mr. Kendall, what you said to the defendant on that occasion?" "I told him that I was aware of what was to be brought out in the course of the Senate Sub-committee Hearings on Business and Procedure in Los Angeles." "And that was what?" "Your Honor, I object to the question on the ground it assumes facts not in evidence." "The witness is just about to put the facts into evidence," "Mr. Mason." "Just hearsay." "The witness has no first-hand knowledge of the Senate committee's work." "Your Honor, this is nonsense." "The testimony of the witness on this point--hearsay or not-- is a necessary prelude to his testimony on how the defendant reacted." "I object to the question, further, on the ground that the information to be revealed was obtained illegally." "Illegally?" "!" "Come on, Mr. Mason." "We're concerned with the reaction and the intent of the defendant after the witness spoke to him." "I take it then, Mr. Burger, you are asking the court-- in lieu of proper foundation-- to take judicial notice of the Senate hearings and witness' knowledge of those hearings?" "Exactly, Your Honor!" "Judicial notice cannot be taken of facts not common knowledge or easily verified." "However, defense will stipulate as to the admissibility of the evidence on one condition." "What's that condition, Mr. Mason?" "That the witness swear he was not politically motivated in illegally obtaining the information and, further more, that it was not obtained in collusion with the Senate committee." "Mason knows full well that's a loaded question!" "I refuse to answer it!" "Exercising your privilege as a journalist?" "That's right, Your Honor." "Mr. Mason, I'm going to permit the witness to answer" "Mr. Burger's question without regard to his source of information." "We are concerned not with what the committee was going to do, but only with what defendant may have believed the committee would do." "Mr. Kendall." "I told Dan Redmond that the Senate subcommittee was about to question him in regard to his participation in criminal fraud against the United States government." "Were you questioned by anyone else concerning what happened that night in Washington" "20 years ago?" "Yes, sir." "Counsel for the Senate committee," "Mr. James Wall, also questioned me." "What did you tell Mr. James Wall?" "The truth-- that I was present with Daniel Redmond while a plan was worked out to defraud the United States government." "Burger:" "Thank you, Miss Eberly." "Your witness, Mr. Mason." "Miss Eberly, you were present, and you heard this plan." "Tell me-- did you also profit from it?" "Burger:" "Your Honor, I request that this witness be advised of her privilege against self incrimination!" "Your Honor, may I ask the court to clarify for me whether or not the privilege against self incrimination can be invoked only for those offenses subject to prosecution in the same forum?" "This is a state court." "Can a witness here rely on a rule that would make possible subsequent prosecution in a federal court?" "Your Honor, the question the defense counsel asked the witness goes far beyond the area of fraud." "It lays the groundwork for malice aforethought and premeditation in a murder charge." "Your Honor, since the district attorney has virtually stipulated that the witness had a motive for the murder of Martin Weston, I withdraw the question." "And I'm finished with the witness." "Call your next witness, Mr. Burger." "I found this glass on the night table beside the bed." "There was what appeared to be the remnants of a drink still in the glass." "What was done with the glass, Lieutenant?" "Well, the contents were poured and sealed for toxicological examination and the glass itself was dusted with contrast dusting powder so that possible fingerprints could be photographed." "Burger:" "Now, what did the toxicological tests reveal about the contents of that glass?" "Well, it contained-- besides water-- whiskey and traces of a drug called morphine sulfate." "And what about fingerprints?" "2 identifiable sets-- the prints of the decedent, Martin Weston, and prints of the defendant, Daniel Redmond." "I show you now this medicine container, marked for identification People's exhibit 2." "I ask if you recognize it." "Yes, sir." "It was found under the bed on which decedent was lying." "I notice the container has some pills left in it." "Were they checked?" "Yes, sir." "Both in our lab and with the druggist who issued the prescription." "And with what results?" "The medicine contained morphine sulfate." "And to whom was it sold?" "To a Miss Marian Lamont." "But it was picked up for her at the druggist's by her employer, the defendant Daniel Redmond." "Doctor, did you perform a toxicological examination on the remains of Martin Weston?" "Yes." "Prior to his death, Martin Weston absorbed at least 2/10 of a gram of morphine sulfate." "What is morphine sulfate?" "An alkaloid, frequently prescribed for pain relief in heart conditions." "Would morphine sulfate dissolve in a drink of, say, whiskey and water?" "Doctor:" "Yes." "Burger:" "Was there anything else in your examination worthy of note?" "Doctor:" "Yes, I found a blood alcohol level of 0.34." "Burger:" "Is that regarded as high?" "Yes." "Normally the person have great difficulty in walking and talking." "He would probably be nearing the state of unconsciousness." "Well, Doctor, is 2/10 of a gram of morphine sulfate ordinarily considered a fatal dose?" "Ordinarily not." "But if a non-fatal dose is absorbed with a substantial amount of alcohol, the alcohol would accentuate the effects of the morphine sulfate, converting a non-fatal dose into a fatal dose." "Martin Weston was obviously drunk drunk almost to the point of unconsciousness." "I stood there in the open doorway, watching for a moment." "It didn't begin to dawn on me then what he was doing or why." "But I watched Judge Redmond lift Weston up and force the liquid in his glass down his throat!" "Well, here we go." "I'll start with Sacramento first." "Memo to the State Bar, for comment by the governor," "February 1943, Daniel Redmond proposed to fill a vacancy on the bench." "Here's some capsulized reports on Mr. Gus Sawyer, one of the busiest men Sacramento has ever seen!" "Item--lobbyist." "Item--fixer." "Item-- heh, you name it, you got it." "Brother Gus not only had the weight to throw around, he threw it." "Did you check out any of his specific lobbies or job fixing?" "I did thoroughly and got nowhere." "Everybody was uncomfortably evasive about what Gus Sawyer did or did not do for them." "Despite the fact that he registered as their lobbyist, one outfit denied ever knowing dear old Gus, much less hiring him." "All of which adds up to one great big zero." "No, Della, 2 zeros." "But with a one in front of them--100%" "You spotted something!" "Yes, I have." "Washington, Paul." "Am I right?" "On the nose." "There's no question." "There was absolutely nothing in the Navy records pointing to fraud in 1943." "What?" "It's not hard to find fraud if you know what you're looking for." "And they're really tearing those records apart back in Washington." "An hour ago, their job was made easier." "What happened an hour ago?" "I got a tip that Quinn Torrey and counsel paid a visit to the local office of the federal attorney general." "Torrey's attorney must have advised him that the truth would come out anyway and he'd be smart to cop some sort of a plea." "Now, I'm not sure." "But I've been told that Quinn Torrey made a full confession to that fraud." "Naming?" "Naming Judge Daniel Redmond." "On advice of counsel, I make the following statement." ""The night of March 26, 1943," ""I was present at the residence" ""of Gus Sawyer in Washington, D.C.," ""when Daniel Redmond was involved in a discussion" ""of a unique method of handling marine engine procurement." "I was not..."" ""I was not aware that the method, which I put into effect," ""involved statutory fraud." ""Subsequently, purely as a token of personal friendship," ""and in no way involved with the procurement in question," ""I employed Gus Sawyer to represent my company for a year." ""I paid for a mortgage due on the home of Martin Weston." ""And..." "I contributed to a campaign" ""to have Daniel Redmond appointed to the California bench."" "May the record show, please, that on advice of counsel, the witness has nothing further to say." "He has said quite enough." "Your witness, Mr. Mason." "Mr. Torrey, did you give Madge Eberly the money to open the gift shop she now operates in Los Angeles?" "Answer "no."" "No." "Mason:" "In 1943, did Daniel Redmond ever personally ask for your help in any way?" "[Whispering]" "No." "Then how did you know he wanted, as a token of friendship, of course, your help in becoming a judge?" "[Whispering]" "Gus Sawyer told me." "20 years ago, a couple of days after that party in Washington," "Marty Weston called me-- he was all upset-- to say that Redmond hadn't told him the complete truth, that the procurement deal could conceivably involve fraud against the government." "Not that it did, but that it could." "And I asked him what Redmond planned to do about it." "And Marty told me very bluntly that Redmond had stated he'd do absolutely nothing if he was appointed a judge in California." "Did you tell this to Mr. Quinn Torrey?" "Yes." "We talked about it at the time." "I told him that I thought that Redmond was bluffing." "But, well since he was such a good friend, why not give him what he wanted?" "And did you?" "Well through me Quinn made some contributions to certain political campaigns." "Everything strictly above-board, with the suggestion that Daniel Redmond would make an excellent judge." "Obviously, these people agreed." "Very well, Mr. Sawyer." "Now, just who were these people?" "Well, I never did keep records, Mr. Burger." "It's so many years ago, I" "I just don't remember now." "How very convenient." "Cross-examine, Mr. Mason." "As a paid lobbyist, did you report on your income tax all the monies that were put into your hands?" "Of course not." "Only that part of it that was mine, personal income." "How much did Quinn Torrey contribute toward making Daniel Redmond a judge?" "Well, that wasn't exactly" "How much?" "$10,000." "How much of that $10,000 did you report on your income taxes?" "None of it." "I was under salary to Mr. Torrey." "And all the money was to be disbursed." "Was your contract with Quinn Torrey an exclusive one?" "No." "I worked for lot of other companies." "Including, in 1943, the Arlington Industries?" "I'm looking at a lobbyist registration report you filed that year." "Yes, I believe I did represent them." "At a retainer of $10,000." "That's right." "Is it?" "I have here a deposition from Mr. Arlington, president of the company." "He swears he never met you, doesn't know you, never employed you." "Are you sure that was his $10,000?" "Well, there must be some mistake." "When was Daniel Redmond made a judge?" "In..." "April of 1943." "A month after that famous Washington party?" "Yes." "According to this notarized and authenticated statement from Sacramento, Daniel Redmond's appointment to the bench was considered and forwarded for comment to the State Bar in February 1943, a month before that party!" "What?" "The decision to appoint him had already been made a month before the party." "The formal appointment and the public announcement wasn't made until a month after the party!" "Well, I--I don't understand." "Can it be the $10,000 you reported getting from Arlington Industries was actually the $10,000" "Quinn Torrey gave you to buy Daniel Redmond a judgeship he'd already been given?" "Is it possible Daniel Redmond never asked Martin Weston to be made a judge?" "Is it possible Martin Weston never called you and told you he had?" "Is it possible you invented the whole story just to steal $10,000 from Quinn Torrey?" "I don't remember." "Of course you don't remember!" "Of course I offered Weston immunity." "That's a normal procedure." "Besides, his part in the fraud was minuscule more that of a spectator, profiting after the fact, rather than that of an actual participant." "I certainly didn't feel any breach of public trust was involved." "If his involvement was so minuscule, so small, so remote from the felony, how did you plan to induce him to become a willing witness?" "Ah, there!" "There were the Navy records, of course." "Of course." "But exactly what Navy records, Mr. Wall?" "Oh, now that, Mr. Mason," "I'm afraid is privileged information." "You can't turn around in this case without stubbing your toe on somebody's privilege." "But I think this is one privilege too many, Mr. Wall." "That's not for you to decide." "No, but Senator Deering can decide." "I've spoken to him." "He's ready to appear and testify, if we need him." "Mm-hmm." "I see." "Were there any Navy records?" "Records mentioning Martin Weston," "Daniel Redmond, or anybody?" "Were there records even indicating that there had been a fraud?" "Not exactly." "Mason:" "What do you mean by "not exactly?"" "I did have...well, a document, a confidential report based on an investigation made in Washington." "Do you still have it?" "No, I had to give it back." "That document gave you all the information you needed to question Martin Weston?" "No, not all." "More or less just a statement that a fraud had been committed." "And that it involved Martin Weston, Daniel Redmond, and some marine engines." "The bulky folder you referred to during the hearings, the one the newspaper photos pictured you holding-- that was just window dressing, wasn't it?" "Yes." "But there was enough of truth there to warrant the questioning." "You can't deny that!" "And neither could Weston!" "Weston didn't deny it at the hearing." "Did he deny it later when you paid him a visit?" "Not really." "He just..." "Mason:" "Just "what?"" "He said the document was a complete forgery and that he could prove it." "He laughed." "He admitted he had participated in a fraud back in 1943," "And then challenged me, dared me to produce one single bona fide record to prove it!" "Could you?" "No." "So you returned the forged document to the person who had given it to you." "Yes." "I told him that we would handle the investigation ourselves from then on, fully and completely!" "And what did Mr. Kendall say?" "Nothing." "He just" "Mason:" "That's right." "The man who gave you that forged document, that man was Victor Kendall." "You found out about the fraud when Madge Eberly told you about it?" "Yes." "Told you for a price!" "A gift shop for her and for you, ammunition that would destroy a political opponent." "I knew Redmond was not really involved in that fraud, that his appointment was beyond any shadow of wrongdoing." "I only wanted to force him out of the race." "12 years" "I worked for that nomination!" "Quinn Torrey came to see me about a month ago, with a deal for the nomination." "He warned me then that the party was considering Redmond, that he'd throw his support behind Dan." "I turned him down." "Then that woman, Madge Eberly, gave me a chance to destroy them both." "But only with that forged report could you've fooled Wall into questioning Weston." "When Wall showed him the report, Weston knew he was safe." "And when Madge Eberly later admitted to him what she'd told you about it," "Weston knew enough to turn the tables." "Then he started blackmailing you." "Yes." "He-- he threatened to do to me what I was trying to do to Redmond." "He wanted to destroy my reputation, destroy me!" "And so you stole from Daniel Redmond's chambers a container of pills he'd picked up for his secretary?" "I knew that..." "Dan knew about Marian's heart trouble, the medicine she took." "Yes." "Yes, I knew what those pills would do to a man who drank as much as Weston." "And to destroy Daniel Redmond and to save your own neck, you killed Weston." "Yes." "The Defense rests, Your Honor." "[Humming]" "Hi, Miss Lamont!" "Oh!" "Hello, Della, Mr. Drake." "Marian, we have a luncheon date with our esteemed boss." "Have you, by any chance, seen the gentleman?" "Mr. Mason?" "The same." "Of all the antiquated, horse-and-buggy concepts of law, that one takes the cake!" "I tell you, Dan, the fellow-servant doctrine, in the age of workmen's compensation law is like Christopher Columbus piloting a space ship to Mars!" "Respondeat superior, huh?" "I suppose that makes sense." "Of course." "Perry, your syllogistic space ship just blew a tire!" "Mixed metaphors!" "You're fumbling, Dan, just fumbling!" "Oh, fumbling, am I?" "Here." "Read Holmes, Cardozo, Meecham, then tell me that I'm fumbling." "Well, we're back in business!"