Original subtitles

All right, take your positions.

The FBI.

A Quinn Martin production.

Starring Ephraim Zimbalist Jr.

Also starring... Philip Abbott, William Reynolds, with guest stars

Tim O 'Connor, Lyndon Childs, Edward

Asner, Louise Latham, Don Wells, and special guest star

Arthur Hill.

Tonight's episode, The Attorney.

With the confiscation of over $50 ,000 worth of illegal gambling equipment, the

FBI's year -long investigation into the activities of Manhattan gang leader

Arnold Tobey seemed to have reached a successful conclusion.

But in view of what was to develop out of Tobey's arrest, the case, in fact,

scarcely begun.

You having fun?

All right.

If you've seen one gangster's birthday party, you've seen them all.

Happy birthday, darling.

Sorry, closed. Come back tomorrow.

I don't understand.

What's the matter?

Is Mr. Toby here? Mr.

Here? Oh, no, no, no.

We have agents at the back door, too.

You haven't even got a drink yet. Oh, Toby?

Yeah, what is it?

FBI.

You're under arrest for interstate gambling.

You have the right to remain silent, the right to counsel.

You're a rat.

Richard!

Richard!

No. 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'd better see what he wants.

Can they do this to me?

Can who do what, Arnold? Well, you talk to them.

I said they're from the FBI. They want to take me in.

Good evening. I'm Mr. Toby's attorney. May I see your credentials?

Of course.

And your warrant?

seems to be in order.

You've been charged with interstate transportation and aid to racketeering.

Richard, for heaven's sake, every time the government... We fought hard for

rights. Let's take advantage of them.

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.

What's the trouble, Pete?

Did she give you bologna again?

She sure did.

I can't see why you put up with that. You're not afraid of a little old

-up housekeeper, are you? A big guy like you?

Yeah.

Maybe that's why everybody likes you, Pete. You never get mad.

Oh, I get mad sometimes.

I've never seen it.

Wait now. Yes, I have. Yes, I have.

Once.

When you were telling me about your daughter.

Yeah.

Want to join you, Pete?

Oh, well, sure,

Mr. Holland.

How about a trade, huh?

Bologna for cheese.

Okay.

It was funny just now you mentioning your daughter like that.

Yeah.

Where is she now?

I never see her anymore.

I guess she's still in Manhattan someplace.

Hmm. I bet gangster.

Bet you don't even remember his name now.

I remember.

No kidding.

There's a story in today's paper about him. Guess that'll really tickle you.

FBI just arrested him, finally.

Toby? That's what it says.

That's him.

I hope he gets a thousand years for turning my girl into a...

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. No, no.

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

Well, somebody would have scared Bender off.

I don't see how anybody could do that.

Threaten him?

Listen, those guys are the biggest cowards on Earth.

Somebody sent him a little note and he'd run like a rabbit.

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

What kind of note?

Well, I don't know.

Let's see now.

What would you write?

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 kill you. That's

perfect.

No more beer for me, Mr. Allen. I brought it for you. No, no, no.

All right, the envelope.

Where's the envelope?

And it goes to Bender.

Todd Building, New York City.

You really think this will scare him off, huh? Maybe, maybe not.

Can't tell until we try.

Might have to take a shot at him.

No, I don't mean we'd hit him, Pete.

Just show him we mean business.

I couldn't do that.

Why not?

If I want to have to use a gun, I don't want any part of it. I don't like guns.

All right.

No guns.

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

Here.

Take it.

Come on, Pete.

It's not loaded.

Aim it at my hand.

Come on.

Pull the trigger.

Was that so bad?

I don't like them.

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

I'll write letters.

But guns are something else.

You're doing just great.

Real fine.

Mrs. Bender?

Yes. I'm Inspector Erskine with the FBI. This is Mr. Colby.

Oh, yes, you were. You were talking to Richard at Toby's Rascal.

Welcome in.

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

Somebody called.

Oh, yes, sir. That was Richard.

When 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 messenger bring my

mail here.

May we see them up, please?

Short and sweet, at any rate.

Your wife seemed surprised to see it.

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

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.

Of course.

Oh, one thing more.

We've found that in these cases, any kind of publicity can be rather

detrimental. So we'd appreciate it if you'd keep this to yourself, for the

being at least.

That's just a suggestion, naturally.

Naturally.

Inspector, would you tell me what in the world you think I could possibly gain

through publicity?

Sympathy for your client, for one thing.

You know, it's the oddest thing.

But every once in a while, I get the feeling that... I'm in a fencing match

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.

Come in, boys.

I've been expecting you.

How's it going?

Oh, good evening, Art.

Oh, we've been making a comparison with extortion notes we have on file.

Not familiar yet, but 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.

Ah, good.

The more breaks, the better.

We're going to need all we can get on this case.

Listen to this New York Chronicle.

Richard Bender, nationally known criminal trial lawyer, said today he

male death threat because he's agreed to defend New York hoodlum Arnold Tobey 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.

That'll 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 and 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 who's been a thorn in our side in case after case

can walk into court without any undue anxieties and free a criminal we've been

after for five years.

That's about it.

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't do something about that, Arnold.

What seems to confuse you?

How about this for openness?

Mm -hmm.

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

A ploy?

A tricky stratagem.

A maneuver.

To create sympathy for you.

Suppose this nut... He decides to take you at your word, and he kills you.

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

Counselor, 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 close friend.

Right, right.

Do you have any idea who's behind this?

None at all.

Well, I'm going to scout around and see what I can find out.

Arnold, don't scot around.

Don't do anything.

The FBI's handling this.

Richard, all I want to do is find out who's behind this.

If he's harmless, forget about him.

Listen.

You, just relax.

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 courtroom, do I?

Have a drink.

Miss Carol Morton?

Yes? We're with the FBI.

May we come in, please?

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 a sales slip from the Circle Outlet Company in New York.

Is this your signature?

It might be.

Anybody can copy a signature.

I see.

In other words, you just can't recall whether you bought a portable typewriter

last year.

All right.

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 happen to run across it, I'd appreciate

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

Thank you. You've been most helpful.

Thank you.

Call the office.

I want a discreet 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 woodcarver, but I enjoy it.

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

Didn't you know you had a son, Mr. Hull? Oh, yeah.

Patrick.

He died in 1962.

Oh, I'm sorry to hear that. It was an accident.

Excuse me a minute, Pete.

Hello.

Hello. Is Mr. Zacharias there, please?

Yes, he is.

Just a moment.

It's for you, please.

Some lady.

Hello?

Hello, Papa. This is Carol.

Papa?

Hello?

Hello.

How are you?

I'm fine.

How are you?

I'm fine.

Papa, do you still have that typewriter I sent you a year ago last Christmas?

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?

What are you talking about?

Well, the FBI has been here.

Yeah.

Papa, what are you mixed up in?

If you're trying to get back at Arnold in some way... Papa?

What happened?

What was that about the typewriter?

I gotta go home.

Wait a minute.

The FBI's 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'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, 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

find it.

Now, how's that?

Thank you, Mr. Holmes. Now, listen, you go on, old Pete.

Remember, don't touch that typewriter until I get there.

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

I'm paying you for the results, not for the effort.

Now, I want the clown who wrote the vendor. If you can't locate him for me,

going to go someplace else. That's it.

All right, John.

All right, I'll talk to you about it later.

Come on, baby. Sit down. Sit down.

Now, what's the matter?

Please be careful.

Of what?

Scared to death my dad's got some crazy idea up his sleeve.

The old character that works out in the power plant in Brooklyn?

He's harmless.

I think he already wrote a letter to your attorney.

The threat?

Was it the 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

Bought him a typewriter.

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?

I'm not gonna hurt him.

Just gonna watch him, that's all.

Just watch him.

What have you got?

Take a look.

Different typewriter, different paper, but the phraseology is too close to be

accidental. Yeah, same pattern all over again.

Who wrote this one?

Dennis Michael Holland.

His son, Patrick, murdered a woman in 1962.

He asked Richard Bender to represent the boy.

Bender declined.

Two weeks later, he sent in 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.

You're heading back to New York this afternoon, aren't you?

Yes. You'd better locate this Holland as soon as possible.

Well, his car is gone.

I talked to the woman next door.

She said that Holland works at the Bay Power Plant, but this is his day off.

She thinks she saw him as recently as half an hour ago out by the garages.

Were we able to get in touch with Bender?

I just missed him at the office. I suppose he and his wife are on their way

to Westchester now.

Let's take a drive out there. I think you ought to be filled in on this.

If Holland shows up, notify us right away.

There is a connection between Holland and the Morton girl. We haven't been

to find it yet.

She's been going with Toby for these last several years. You tracked down the

other three typewriters?

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

hitmen from Boston.

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

Named Richard T. Bender?

and Richard T. Bender

Well, Inspector, what's happening?

We have 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.

Where's Mr. Bender?

Second.

Ward, good morning.

Tom, I just got in. How is he?

Why can't I get up if I feel all right? Because you don't feel all right.

Dr. 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. A bullet lodged in the fleshy

part of the shoulder. No broken bones, although he lost a considerable amount

blood. Can I talk to him now?

Go see why not.

He'll let you know if he gets fired. Yes. Excuse me.

Tom, did you search his car?

Yes, sir. There's no sign of the typewriter.

But we found something else almost as interesting. When I took his gun, 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.

All right, Tom. Thanks. Yes, sir.

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

We found other latent prints on the original gun grips.

I know. Tom told me. What do you think it means?

An elaborate frame -up of some kind?

Well, a girlfriend of Toby's named Carol Morton's mixed up in it somehow.

I've sent Tom over to interview her again.

That's the girl you traced the typewriter to? Hmm.

And they're not her prints.

Well, they don't match.

Her real name's Zacharias.

She knows something about the Bender extortion.

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

But the thing is, it doesn't tie in with Holland.

Because even though he's out of it, Tobey still hasn't called his trigger

off.

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

Yet.

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.

Still don't have any idea where that typewriter is?

Of course I don't. Then what did you and Arnold Tobey talk about when you went

to see him yesterday?

None of your business.

No more games, Miss Morton.

Unless you cooperate, you could turn out to be an accessory to murder.

And what is that supposed to mean?

Shortly after your conversation, somebody in Toby's organization called

killers from out of town.

Two killers?

Yes.

But he... He what?

He promised.

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

I think you better tell me.

Will he go to jail?

I don't know.

I told Arnold my father was behind it.

That's Peter Zacharias.

Yes. Present address on Telford, 135 Telford Avenue in Brooklyn.

But I'm sure he could work by now at the Bay Power plant.

Did the dispatcher fill you in?

Yes, he called a few minutes ago.

I've sent 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.

NY40 clear.

Trying to locate Zacharias at work.

Somebody here want to see me? Mr. Zacharias?

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

Some bad what?

It's nothing to worry about. She's going to be all right. But also, your

daughter had an accident. She's been calling for you.

She's dead?

She's all right. She's in Mercy Hospital.

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

Okay.

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

You just relax.

Hold it!

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

Straight ahead.

Put your hands behind your head.

Over here.

All right, Zacharias. FBI.

Then Holland evidently intended to replace the original grip for the gun

leave it here after he'd murdered Edith and me. That was the way he planned it.

He purchased the gun, by the way, using the name Peter Zacharias.

Wouldn't he have had to kill poor Mr.

Zacharias, too, sooner or later, so that he couldn't tell what really happened?

It 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.

Mr. Bender.

And take care of that shoulder.

See you in court.

Mr. Colby?

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 murder and

were sent to state prison.

Arnold Grant Tobey was convicted of interstate transportation in aid of

racketeering and was sentenced to a federal penitentiary.