04x21 - The Attorney

[bunniefuu]

[theme music]

Alright, take your positions.

[dramatic music]

[engine rumbling]

[music continues]

[car honks]

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FBI. Hold it!

[g*nshots]

[dramatic music]

Check the rest.

[theme music]

[male narrator] "The FBI."

A Quinn Martin Production.

Starring Efrem Zimbalist Jr.

Also starring, Philip Abbott.

William Reynolds.

With guest stars Tim O'Connor..

...Linden Chiles..

...Edward Asner..

...Louise Latham..

...Dawn Wells.

And special guest star Arthur Hill.

Tonight's episode "The Attorney."

With the confiscation of over

$50,000 worth of ill*gal gambling equipment

the FBI's year long investigation

into the activities

of Manhattan g*ng leader Arnold Toby

seemed to have reached a successful conclusion.

But in view of what was to develop

out of Toby's arrest, the case in fact had scarcely begun.

[upbeat music]

[applause]

[mellow music]

- You're having fun? - Alright.

If you've seen one gangster's birthday party

you've seen them all.

[knock on door]

Oh, happy birthday, darling.

[moaning]

Okay.

[indistinct chatter]

[knock on door]

Sorry, closed. Come back tomorrow.

[indistinct chatter]

I don't understand it. What's the matter?

- Is Mr. Toby here? - Mr.. H-here?

Oh, no, no, no. He, he maybe at home, but..

[speaking in foreign language]

We have agents at the back door too.

Well, I simply.. Uh..

[indistinct chatter]

[applause]

Well, uh, you guys are late?

You haven't even got a drink yet.

Hello, Toby.

- Yeah. What is it? - Uh, FBI.

You're under arrest for interstate gambling.

'You have the right to remain silent, the right to council.'

Under arrest?

Richard!

Richard!

- Now, what? - Well, just ignore him.

If he wants to talk to you, he'll come over here.

He's your client not your king.

Well, he's also our host tonight.

I better see what he wants.

[Toby] Can they do this to me?

- Can who do what, Arnold? - Oh, you talk to 'em.

They say they're from the FBI. They wanna take me in.

Good evening. I'm Mr. Toby's attorney.

- May I ask your credentials? - Of course.

And your warrant?

Well, everything seems to be in order, you've been charged with

interstate transportation and aid of racketeering.

Oh, no. Richard, for heaven sake, every time--

Arnold...we fought hard for your rights.

Let's take advantage of it.

'Let me speak for you, will you, please?'

I'll follow you downtown

and arrange bail for you as soon as you're booked.

You'll be out in, oh, 20 minutes to half an hour.

Alright.

[instrumental music]

[dramatic music]

[bell ringing]

[music continues]

What's the trouble, Pete?

Oh, she give you baloney again?

She sure did.

I can't see why you put up with that.

You're not afraid of a little old wizened up housekeeper

are you, a big guy like you.

Yeah.

[laughs]

Maybe that's why everybody likes you, Pete.

You never get mad.

Oh, I get mad sometimes.

I've never seen it.

'Oh, wait now. Yes, I have.'

Yes, I have, once.

When you were telling me about your daughter.

Yeah.

Can I join you, Pete.

Oh, well...sure.

Mr. Holland?

[chuckles]

How about a trade, huh?

Baloney for cheese.

Okay.

You know that was funny just now.

You...mentioning your daughter like that.

Yeah.

Where is she now?

I never see her any more.

I guess she's still in Manhattan, some place.

Mm. With that gangster?

I bet you don't even remember his name now.

I remember.

No, kidding.

You know, there's a story in today's paper about.

Guess, it'll will really tickle you.

FBI just arrested him finally.

- Toby? - That's what it says.

That's him.

I hope he gets a 1000 years

for turning my girl into a..

Uh-huh.

With the lawyer he's hired

he probably won't even come to trial.

That's Richard T. Bender, Pete.

'Defends all the big hoots, springs them all..'

'Toby's safe, as long as he has Bender.'

Well, if somebody were to, uh, scare Bender off.

I don't see how anybody could do that.

Threaten him.

Listen, those guys are the biggest cowards on earth.

Somebody send them a little note, he'd run like a rabbit.

And Toby would go to jail for the rest of his life.

W-w-what kind of note?

Well, I don't know.

Let's see now..

What would you write?

[dramatic music]

Is that enough?

What have we got?

No, no. You read it to me.

"Dear Richard Big Shot Bender

Quit the Toby case or I'll k*ll you."

That's perfect.

Uh, no more beer for me, Mr. Holland.

- I brought it for you. - No, no, no.

Now write the envelop.

The envelop.

And it goes to Bender..

...Todd building..

...New York City.

Really, you think this'll scare him off, huh?

Maybe, maybe not.

We can't tell until we try.

We might have to take a shot at him.

Oh, I don't mean we'd hit him, Pete.

To show him we mean business.

I couldn't do that.

Why not?

For one I've to use a g*n, I don't want any part of it.

I don't like g*ns.

Alright...no g*ns.

But you really ought to get over that feeling, Pete.

Here..

Hmm, take it.

Come on, Pete. It's not loaded.

[dramatic music]

Now, get a good grip on it.

Now, you, you aim it at my hand.

'Come on.'

[music continues]

Now pull the trigger.

Was that so bad?

I don't like 'em.

Well, if that's the way you feel about it.

I'll write letters

but, uh, g*ns are-are something else.

You're doing just great.

Real fine.

[dramatic music]

[knock on door]

[music continues]

- Mrs. Bender. - Yes.

I'm Inspector Erskine with the FBI.

He is Mr. Colby.

Oh, yes, you, uh, you were talking

to Richard at Toby's Rathskeller.

Well, come in.

You were expecting us, weren't you, Mrs. Bender?

- Well, somebody called. - Oh, yes, sir.

That was Richard. It's..

Well, he's on the telephone.

Just let me tell him that you're here.

Dear, when those men arrive--

Dear, they're here.

Oh..

- Mr. Erskine, isn't it? - Mr. Bender.

- Mr. Colby? - Yes, sir.

Oh, come in. Come in.

Now..

I understand you received an extortion letter, Mr. Bender.

Yes, it was sent to my office.

I've been working at home on the Toby defense.

So I have a, a messenger bring my mail here.

May we see the note, please?

Short and sweet, anyway.

Your wife seemed surprised to see us.

Really?

Well, the fact is I, uh

I phoned your local agent about this.

- Sit down, please. - Thank you.

It may have startled Edith to have an inspector

from Washington respond to a routine call like that.

Do you consider this a fair routine, Mr. Bender?

- Don't you? - No, sir. No, I don't.

Mr. Colby, when you've been in the business of defending

unpopular clients as long as I have

death threats lose a good deal of their romance.

I've received hundreds of them.

As you gentlemen well know.

We'd like our laboratory to look this over

if you don't mind?

[Richard] 'Of course.'

Oh, uh, one thing more.

We found that in this cases, any kind of publicity

can be rather detrimental.

So we'd appreciate it if you'd keep this to yourself

for the time being at least.

That's just a suggestion naturally?

Naturally.

Inspector, would you tell me

what in the world do you think I could possibly gain

through publicity?

Sympathy for your client, for one thing.

[chuckles]

You know it's the oddest thing.

But every once in a while, I get the feeling

that...I'm in a fencing match of some sort.

With an opponent who's very good.

And who'll give me the beating of my life

if I'm not careful.

We'll be in touch with you, Mr. Bender.

Thank you.

[dramatic music]

Come in, boys. I've been expecting you.

[music continues]

Ah!

[dramatic music]

- How's it going? - Oh, okay, I think, Art.

Oh, we've been making comparison

with the extortion notes we have in file.

No similarities yet but of course, it's

it's still early.

We did isolate the make and model of the machine.

Well, that's a break.

Yeah, the note was typed on a Walden 620 portable.

Uh, good. The more breaks the better.

We're gonna need all we can get om this case.

Listen to this New York Chronicle.

"Richard Bender, nationally known criminal trial lawyer

"said today he received a mail death threat

"because he's agreed to defend New York hoodlum

"Arnold Toby in his forthcoming anti-racketeering trial.

"No one, the outraged and eloquent Bender declared

"has the right to prejudge an American citizen.

"And I will defend that precious concept

as long as I have a breath in my body."

It's gonna be rather a long time.

But to the psychotic who sent that note

it could be an open challenge.

And Bender's intelligent enough to realize that.

Well, he obviously feels that the value

in this kind of notoriety outweighs the risk involved.

Provided, of course, we save his legal neck

by picking up the extortionist in time.

So Mr. Bender, a man has been a thorn in our side

in case after case, can walk into court

without any, uh, undue anxieties

and free a criminal we've been after for five years.

That's about it.

[dramatic music]

You know, Richard...it's true.

You mystify me every now and then.

But most of the time I don't understand you at all.

Well, let's see if we can do something about that, Arnold.

What seems to confuse you?

Oh, how about this for openers?

Mm-hmm.

Well, in my sun circle, that's known as a ploy.

A ploy?

A tricky strategy, a maneuver

to create sympathy for you.

Suppose this nut decides to take you at your word

and he kills you..

Oh, I don't think there's much chance for that.

Councilor, if there's any chance at all

we're in a lot of trouble.

The government has a very good case against me

I need you.

You're also a...a close friend.

Right. Right.

Do you have any idea, who's behind this?

None at all.

Well, I'm gonna scot around and see what I can find up.

Arnold, don't scot around.

Don't do anything.

The FBI is handling this.

Richard, all I'm wanna do is find out who's behind this.

If he's harmless forget about him.

Listen..

You just relax.

And let me take care of my business

I'll let you take care of yours.

Okay?

I don't tell you what to say in the court room, do I?

Have a drink on the house.

[dramatic music]

[knock on door]

- Ms. Carol Morton? - Yes?

We're with the FBI. May we come in, please?

Well...what do you want? I was just going out.

Do you own a portable typewriter

a Walden model 620?

No.

I have a copy of the sales slip

from the, uh...Circle Avlet Company in New York.

Is this your signature?

It might be.

Anybody can copy a signature.

I see, uh...otherwise you just can't recall

whether you bought a portable typewriter last year.

Alright.

I bought a portable typewriter last year.

May I see it, please?

No.

It was stolen.

Oh.

If you find you've just misplaced it

and happened to run across it

I'd appreciate it if you'd give me a call at this number.

[dramatic music]

Thank you. You've been most helpful.

Thank you.

[music continues]

[music continues]

Call the office.

I want a discrete surveillance on the girl as soon as possible.

Well, do you know where I can reach him.

This is his daughter and it's..

Yes. Oh, may I have that number again, please?

Personally I think every man ought to have a hobby, Pete.

Now, I'm not a very good wood carver, but I enjoy it.

I'll tell you who's really good at it though.

My son.

I didn't know you had a son, Mr. Holland.

Oh, yeah. Uh-huh. Patrick.

He died in 1962.

Oh, I'm sorry to hear that.

It was an accident.

[phone ringing]

Excuse me a minute, Pete.

Hello.

Hello. Is Mr. Zacharias there, please?

Uh, yes, he is. Just a moment.

It's for you, Pete.

Some lady.

Hello?

Hello, papa. This is Carol.

Papa?

- Hello? - Hello.

How are you?

I'm fine. How are you?

I'm fine.

'Uh, papa.'

Papa, d-do you still have that-that typewriter

I sent you a year ago last Christmas?

The typewriter, sure.

Well...have you used it lately?

Have I used it lately, why?

Papa...did you write a nasty letter to somebody?

Did you threaten someone?

'Papa, are you there?'

- 'Papa?' - Uh-h, no.

W-what are you talking about?

Well, the FBI has been here.

The F..

Papa, what are you mixed up in?

'If you're trying to get back at Arnold then so..'

Papa?

What happened?

What was that about the typewriter?

I got to go home.

Mm, wait a minute!

The FBI has been to see my daughter.

She bought me the typewriter.

You mean they traced it to her already through the note?

I'll throw it away.

No, no. Wait! Pete! Pete! No, wait!

That-that's the dumbest thing you can do.

Now, I'm your friend. Isn't that true?

- Yeah. - Okay.

Now you go on home and you hold up.

You stay there. You understand?

I'll drop by tonight and I'll pick up the typewriter

and bring it back here.

I'll take it apart.

And I'll get rid of the pieces one at a time.

So they'll never find it. Now how's that?

[chuckles]

Thank you, Mr. Holland.

Now, listen you, you go on home, Pete.

Remember.

Don't touch that typewriter until I get there.

[dramatic music]

[music continues]

I'll tell you how I feel about that, John.

I'm paying you for the results not for the efforts.

Now, I want the clown who wrote Debendor

if you can't locate him for me

I'm gonna go some place else, that's it.

Alright, John.

Alright I'll talk to you about it later.

[knock on door]

Come on, baby, sit down, sit down.

Now, what's the matter?

- Please be careful. - Of what?

I'm scared to death my dad's got some crazy idea up his sleeve.

The old character that works out at the power plant in Brooklyn.

He's harmless.

I think he already wrote a letter to your attorney.

A threat? Was it a threat?

I don't know.

I mean it's just a nutty thing he might do.

'Oh, Arnold, you know he's always hated you'

'for what he thinks you've done to me'

I bought him a type writer and today the FBI came

to see me about it.

Well, well, what do you know about that?

'Maybe he's not so harmless after all.'

What was his name again?

Peter Zacharias.

You won't hurt him, will you?

We're not gonna hurt him, just gonna watch him that's all.

Just watch him.

- What have we got? - Take a look.

'Different type writer different paper.'

'But the phraseology is too close to be accidental.'

Oh, same pattern all over again.

- Who wrote this one? - Dennis Michael Holland.

His son Patrick m*rder*d a woman in 1962.

He asked Richard Bender to represent the boy.

Bender declined, two weeks later he sent him that note.

Our agents made the arrest.

He was convicted of extortion.

- Released on parole last July. - What happened to the son?

He was sent to the electric chair.

Your heading back to New York this afternoon.

- Aren't you? - Yes.

Well, you better locate this Holland as soon as possible.

- Any sign of him? - Well, his car is gone.

I talked to the woman next door.

She said that Holland works at the Bay Power Plant .

This is his day off.

She thinks she saw him as recently as half hour ago

out by the garages.

Were you able to get in touch with Bender?

I just missed him at the office.

I suppose he and his wife are on their way back to Westchester.

Let's take a drive out there I think

he ought to be filled in on this.

If Holland shows up notify us right away.

[dramatic music]

[music continues]

If there is a connection between Holland

and the Morton girl we haven't been able to find it yet.

She's been going with Toby for these last several years.

You tracked down the other three type writers?

None of them could have written the extortion letter.

Incidentally...about an hour

after the girl visited Toby at the Rathskeller.

We got an informant's report that.

Somebody in Toby's organization

had called in two hit men from Boston.

'Word is Toby wants to do a favor for an old friend.'

Named Richard T Bender?

Named Richard T Bender.

[dramatic music]

[music continues]

Well, inspector. What's, uh, happening?

We got some leads Mr. Bender.

We'd like to talk over with you.

Richard you know you left the door open.

No, I may have left it unlocked

'but I certainly remember pulling it shut.'

- Well. - 'Mrs. Bender.'

Stand back.

[intense music]

[music continues]

Freeze.

Drop it.

Alright turn around.

Inspector.

Inspector.

Mr. Ward, good morning.

Oh, I just got in. How is he?

[Lewis] 'Why can't I get up if I feel alright.'

Because you don't feel alright.

Doctor Cruz, this is, Mr. Ward.

- Mr. Ward. - How's he doing, doctor.

Oh, he'll be able to go home in a couple of days.

b*llet lodged in the fleshy part of the shoulder no broken bones.

Although he lost a considerable amount of blood.

Can I talk to him now?

Don't see why not?

He'll let you know if he gets tired.

- Yes. - Excuse me.

- Umm. - Did you search his car?

Yes, sir, there's no sign of the type writer.

But we found something else almost as interesting.

When I took his g*n I noticed the grip was improperly fitted.

The screw was loosened indicating the original set

had been replaced for some reason.

So we started looking and sure enough

we found it in the glove compartment.

Plenty of latents, none of them matched Holland's.

- Alright, Tom. Thanks. - Yes, sir.

- How do you feel? - I wanna get outta here.

Everybody at the bureau sends their best.

You know, you gave us a couple of bad moments there, Lewis.

'Well, I'll try to be more thoughtful next time.'

You know, the..

The galling part is that, Holland wasn't alone in this.

We found out the latent prints on the original grips.

I know. Tom told me.

What do you think it means?

An elaborate frame up of some kind?

Well, uh, girlfriend of Toby's named Carol Morton

is mixed up at somehow.

I've sent Tom over to interview her again.

That's the girl you traced the typewriter too.

'Hmm.'

And they're not her prints?

No, they don't match.

Her real name's Zacharias.

'She knows something about the Bender extortion.'

And whatever it is, she's told Arnold Toby.

But the thing is..

It doesn't time with Holland.

Because even though he's out of it

Toby still hasn't called his trigger men off.

And we haven't been able to locate those men yet.

Not yet.

[instrumental music]

[music continues]

[knock on door]

Again?

Do you have any idea what time it is?

May we come in?

Sorry to disturb you so early, but this is urgent.

You should be sorry.

You still don't have any idea where that typewriter is?

Of course, I don't.

And what did you and Arnold Toby talk about

when you went to see him yesterday.

It's none of your business.

No more games, Ms. Morton.

Unless you cooperate, you could turn out to be

an accessory to m*rder.

And what is that supposed to mean?

Shortly after your conversation..

Somebody in Toby's organization

called in two K*llers from out of town.

Two K*llers?

Yes.

But he..

He, what?

He promised.

You know who wrote that extortion letter, don't you?

I think you better tell me.

Would he go to jail?

I don't know.

I told Arnold, my father was behind it.

- It's Peter Zacharias? - Yes.

Present address on Telford, uh..



But I'm sure he's at work by now at the Bay Power Plant.

Thank you.

[dramatic music]

Dispatcher fill you in?

Yes, he called a few minutes ago.

I've send agents to Zacharias' home address.

We're on our way to the Bay Power Plant now.

I'll let you know as soon as any of us locate him.

Bay Power Plant.

Well, that's one connection with Holland.

Yes, sir.

Okay, Tom. Thanks very much.

NY-40 clear.

He's tryin' to locate Zacharias at work.

[intense music]

Somebody here wanna see me?

- Mr. Zacharias? - Yeah.

Well, Mr. Zacharias, I'm afraid I've got some bad news for you.

Some bad what?

It's nothin' to worry about, she's gonna be alright, but..

Well, sir, your daughter had an accident

and she's been calling for you.

She's dead.

Oh, no, no, she's alright, she's in Mercy Hospital.

Come on, get in, we'll drive you there, you'll see.

[engine turn over]

- Well, how'd it happen? - Okay.

[dramatic music]

Hey!

Mercy Hospital's the other way, you gotta turn around.

Now, you just relax.

Hold it!

[tires screeching]

[tires screeching]

[intense music]

Just picked up by two men in a light-blue sedan.

Straight ahead.

[engine revving]

[g*nshots]

[g*nsh*t]

[tires screeching]

[g*nsh*t]

[rumbling]

[g*nsh*t]

[intense music]

Hold it! FBI!

[g*nsh*t]

[g*n firing]

Put you hands behind your head.

Over here.

Alright, Zacharias. FBI.

[instrumental music]

Then Holland evidently intended to replace

the original grip for the g*n

And leave it here after he'd m*rder Edith and me.

That was the way he planned it.

He purchased the g*n, by the way by using the name..

...Peter Zacharias.

Wouldn't he have had to k*ll poor Mr. Zacharias too

sooner or later, so that he couldn't tell

what really happened.

Would seem so.

Oh, by the way, I don't know

whether you're ready for this or not.

But he's asked me to defend him.

Oh, Richard, really?

No word of honor.

I told him, I couldn't, of course.

But it would have been interesting, wouldn't it?

Well, at least he fits your requirements, he's unpopular.

Almost as unpopular as Toby, huh?

Well, Mr. Erskine..

Thanks again for everything.

Mrs. Bender.

And take care of that shoulder.

See you in court.

Mr. Colby.

[male narrator] Dennis Michael Holland was convicted of assaulting

a federal officer and extortion.

Prosecution of Peter Zacharias was declined.

His two assailants were tried in state court

on charges of attempted m*rder.

And was sent to state prison.

Arnold Graham Toby was convicted of

inter-state transportation in aid of racketeering.

And was sentenced to a federal penitentiary.

[instrumental music]

[theme music]

[music continues]