The Fugitive (1963) s03e04 Episode Script

Trial by Fire

You want something? Edmund hotel.
Is this man staying here? His room, which one is it? Uh, 12.
Kimble! Narrator: A qm production.
Starring david janssen as dr.
Richard kimble.
An innocent victim of blind justice, Falsely convicted for the murder of his wife, Reprieved by fate when a train wreck freed him En route to the death house.
Freed him to hide in lonely desperation, To change his identity, to toil at many jobs.
Freed him to search for a one-armed man He saw leave the scene of the crime.
Freed him to run before the relentless pursuit Of the police lieutenant obsessed with his capture.
The guest stars Charles aidman.
Frank aletter.
Jacqueline scott.
Also starring barry morse as lieutenant philip gerard.
Announcer: Operator, I want to call stafford, indiana.
Kl 52074, please.
Occasionally, a fugitive must make contact with reality.
To escape the loneliness of flight, To preserve his sanity.
For richard kimble, contact with reality Consists of an occasional telephone conversation With his sister.
Tonight's call, however, could mean a great deal more.
Hello? Hello, donna.
Oh, I'd been praying you'd call.
It's been over two months this time.
What's wrong? Is dad all right? Yeah.
He's fine.
Uh, it's a little slow but he's fine.
Listen, uh, something's come up.
What? A witness.
We've got a witness.
I don't understand.
Well, um, a man who says he saw that man.
Uh, the one-armed man.
Go on.
Well, um, we got a letter, Oh, I guess about a week ago from this man in chicago And he says that he was here, in stafford that night.
And he was, uh, driving down your street when he, uh- Well, he says that he saw him.
Donna, we've had so many crackpots.
Yeah, I know, but this man is not a crackpot.
He's a- a captain in the army, Um, his, uh- his name's eckhardt.
I, uh- Well, I phoned a private investigator In chicago to check on him, And, uh, he- he checks.
Why now? After so long? Well, I don't know.
Now I think he's a little bit sorry He said anything because he told this private investigator, A mr.
Christopher, that, uh, he doesn't want to testify.
So, um, I mean, we don't know what to do next.
And that's why I had to talk to you.
Where can I find this christopher? Uh It's 436 mason avenue In chicago.
I'll leave tonight.
Are you all right? Yeah.
Yeah, I'm all right.
Say hello to len, kiss the kids for me.
Thanks, donna.
Why would gerard phone me unless he'd Somehow found out about dick's call last night? There could be a lot of reasons.
But the next time he calls, You know absolutely nothing about anything.
I don't know.
Maybe I was wrong to tell dick about it.
Now he's getting involved himself, The risk might be too great.
Well, if you ask me, He can probably use a piece of good news.
But what if eckhardt doesn't testify, And this whole thing falls through? If it falls through, dick is in no worse shape than he is now.
We'll We'll have killed the only hope he's had in two years.
A terrible risk.
Not much as long as no one knows.
But it is a small town.
A loose remark.
I haven't even told my secretary.
Well, len's out of town.
I'll be careful with the kids.
Listen, you'll, uh- You'll call me just as soon as you hear anything.
Of course.
Goodbye.
I didn't know you were waiting, lieutenant.
I was curious.
You ordered a copy of the kimble transcript from the court clerk.
It's a small town.
You've been retained by the family? They haven't had any real counsel in almost two years.
I don't see why they'd need counsel now.
Unless they're thinking about another appeal.
You're fishing, lieutenant.
Yes, I suppose I am.
Besides, you know as well as I do, there's no sense In filing unless you've some sort of new evidence.
And there couldn't be any new evidence, could there? I mean, after all, he is guilty, isn't he? Thank you.
Lieutenant, something wrong? I don't know.
But it might be an idea to keep an eye on burt green.
A lawyer representing kimble Shouldn't be looking that pleased with himself.
J.
J.
, don't you have a game this morning? I thought you'd, uh, gone out already.
They don't need me.
Weren't they expecting you? Yeah, I guess so.
Why aren't you there? Because to tell you the truth- I'm just not a red-hot ball player.
You just gonna lie here and read about it? That's better than lousing up the family image, isn't it? I'd like to see captain eckhardt, please.
Are you a friend of his? Well, not exactly.
Uh Mr.
Christopher's been talking to him about me.
I don't know him and my father's getting dressed.
It's important to me.
Can I wait? My dad's a hero, Did you know that? Who's there, j.
J.
? Somebody to see you.
What did you say your name was? J.
J.
, you have some school work to do? Like "get lost"? I think this gentleman would like to talk to me in private.
I'll be in the kitchen.
That, uh, detective, christopher, Didn't tell me you were planning to come here yourself.
It's kind of a surprise.
You see, my family gets a lot of mail about me.
Some from cranks and some from people Who just want to feel important.
And some from people who'd like to help but can't.
I'm sorry, dr.
Kimble, but I- I'm not making this up.
Why did you wait so long to tell anyone about it? You look in the center drawer of that, uh, desk, Under some papers, you'll find a magazine.
Somewhere around the middle of it, There's an article about you.
I saw it for the first time in a barber shop A week ago, Saturday.
That'd be my wife.
I'll get it.
J.
J.
, Were you listening? Well, I-I already knew.
I heard you and mom talking about him.
You didn't mention it to anyone, did you? Of course not.
J.
J.
, you understand this has got to be kept secret? Give me credit for something, will you? I should never go shopping without you, jim.
Marion, this is dr.
Kimble.
I know.
Taking a chance, coming here like this, aren't you? I mean- now, it's all right.
He knows.
Dr.
Kimble believes that I may have made up all this up.
No, I just meant that after so long a time, I didn't see how- My, uh, father lived in stafford.
I went there because he suffered a stroke.
He didn't recognize me.
Anyway, as I was, uh, leaving, I turned the corner and I saw this man Running out of a house.
There was another car ahead of me.
Almost ran him down.
He, uh, looked a lot like that picture in the magazine, Including the one arm missing.
You were behind my car? I even got a pretty good look at you When you stopped and went into the house.
And why didn't you stop? Well, why should I? I didn't know there'd been a murder.
You must have read about it in the papers the next morning.
I had to catch a plane that night.
The next morning when the story must have come out, I- I was in europe with my wife and son.
There was nothing about it in the camp news Or the german papers.
I didn't know there'd been a murder Until I saw that magazine last week.
You see, I'm here for separation- Uh, disability retirement.
What's wrong, dr.
Kimble? You still don't believe me? Well, uh, It's hard to believe that you do exist.
But it's all true, believe me.
They said you refused to testify.
Well, that's right, I- But I'll sign a sworn statement, anything.
That's not good enough.
We need you in court.
Jim, I must say something.
Last week, Two days after my husband Wrote that letter to your sister, He was offered a job.
A good job With one of the big electronic firms on the coast.
Now, let me explain, marion.
And now with this hearing and the trial and all that, Well, they just won't wait for him.
He has to accept this week.
Now, isn't that for me to decide, marion? Dr.
Kimble, my husband is 43 years old, A career officer, With citations any soldier would be proud of, And now he's being retired.
Unfit for active duty, How they worded it.
You said something about a Disability retirement.
Ah, it's my leg.
Half a dozen operations and all I got to show for it Is a lot of sick leave.
My husband is a very unselfish man, dr.
Kimble.
He's waited a long time and I'm his wife.
And I know what he's been through.
Oh, I'm- I'm very sorry.
Well, I'm sorry too.
I mean, I wish there were- Were another way.
You see, this is the first chance I've seen to Go back.
To start.
I can't force you to testify.
Dr.
Kimble.
Before, you were, uh, just a name, A picture in a magazine.
Well, it's different now.
All right, I'll testify for you.
There wasn't time to check with you.
Green grabbed this plane just before it took off.
I had to decide right there and then.
Guess I blew it.
That's right.
He's in chicago, and we're here.
Well, at least I scared some information Out of his secretary.
He went to meet some guy named eckhardt.
And you were saving it? Where is he? Been a long time, dick.
Thanks for coming, burt.
I, uh- I need this authorization signed so I can appear for you.
Tell me now.
Positive.
Double positive.
I just spent three hours with your captain eckhardt.
We went over everything twice.
I even tried to trip him up.
You've got yourself a bona fide witness, dick.
What happens next? I pick up my things at eckhardt's And, uh, catch the next plane back to stafford.
And, uh, I want you to come back with me.
Now? As an attorney, I'm also an officer of the court, And I am under an obligation to advise you to turn yourself in.
Besides, we've got the wheels turning, And I want you back there.
I thought it would take months.
Well, as soon as I get off that plane I'm going straight to my office And draw up a writ of coram nobis.
Coram nova? Heh.
Nobis.
It asks the court to hold a hearing And test the new evidence.
First thing in the morning, I present the writ in the superior court.
Why the rush? Well, I promised eckhardt I'd try to speed things up.
He may be able to get a delay on that job he's been offered.
I'd feel a lot better if he could.
More important than that, you're entitled to your freedom.
The quicker the better.
We'll get an immediate hearing, I'm sure of that.
And when the court hears what we've got, I'm positive we'll get a new trial.
That's, uh- That's all there is to it? It sounds so simple.
What's wrong, dick? I don't know.
You see, I've been looking for that one-armed man for so long, It doesn't seem real.
Like he never existed.
Eckhardt exists.
He's all we need.
Now sign that and we'll get on our way.
I can't go back with you, burt.
Not just now.
I hope you understand.
All right.
Thanks.
Either donna or I'll be in touch with you here after the hearing.
Meanwhile, you try to relax.
Cab driver.
I'm sorry, I'm off duty now.
On the other hand, what can I do for you? I want you to take us back To the exact spot you picked up that last fare.
You think this eckhardt is mixed up in the kimble thing? I think he figures somewhere.
No matter what he claims.
Can you get any more speed out of this? How can you be so sure That green just came from seeing kimble? I'm not.
Well, so big deal, you lost.
Why, he's a lousy pitcher, that's all.
Oh, that one time he got lucky.
Are you kidding? I have to use your phone.
I'm glad you got back.
Lieutenant gerard was here.
I didn't tell him anything.
Yeah, I have to use the phone.
Yeah, in a minute.
Look what happened- We don't have a minute! Hang up, j.
J.
This is important.
I'll call you back.
Everything around here is important.
Operator.
Are you sure this is the place he came out of? I guess so.
Don't guess.
Yeah, that's it.
I better phone for more men.
No.
No time.
Just keep an eye on the street.
Pull up there and wait.
No, no, operator, I'm pretty sure it's on avadale street.
Th- that's it.
Thank you.
You want something? Edmund hotel.
Is this man staying here? His room, which one is it? Uh, 12.
Kimble! And according to the transcript, uh, Richard kimble saw the one-armed man Running away from his house.
In stafford, a man has worked through until morning, Preparing to set in motion The ponderous machinery of the law.
In chicago, another man continues the pursuit Begun so long ago.
We'll be there in plenty of time.
Your plane doesn't leave for an hour.
I got a feeling he's still here in chicago.
That lawyer came here to see him for a reason.
Phil, I've had everyone alerted since last night.
But chicago's a little bigger than stafford, remember.
horvath.
Yeah.
This morning? Okay, I'll tell him.
Your office called and left a message about kimble.
It seems that green has filed a writ Asking for a hearing on a new trial.
They say on what grounds? Well, it seems they have a witness.
Named eckhardt.
Johnson, I've gotta see the warden.
Come on, now.
It's important.
I got something he'd love to hear about.
I, uh, can't remember exactly what I thought When I saw that man running out of the house.
The one with an arm missing.
I remember thinking there might be trouble.
But then the other man, kimble, Stopped and went into the house.
All I knew is that I had to get to the airport In order to make it back to germany on time.
You said your father lived on oak lane, captain? That's right.
In an apartment house.
I see.
Well, oak lane is a through street.
Now, if you were headed north, Why go to the next street, beacon? I was parked at the end of the block, as I remember.
I figured it was easier to turn right and then right again Instead of making a u-turn.
Besides, it would be against the law.
Do you drink, captain? I object, your honor.
May I remind you this is only a hearing, mr.
Green.
If this line of questioning is pertinent To the events of that night, then proceed, mr.
Donaldson.
It is.
Thank you, your honor.
Were you accustomed to drinking Any form of intoxicating beverage, captain eckhardt? I used to take a drink before supper sometimes.
I still do.
Just one? Maybe two.
Possibly three or more? Not very likely.
What about that night? That night? Captain, isn't it possible you'd had a few drinks? You were in a hurry.
As you rushed to get to the airport, Things got a little fuzzy.
You couldn't be certain exactly what you saw.
That night at the airport I grabbed a sandwich before I got on the plane.
I'd missed supper.
I didn't have time to eat or take a drink Even if I wanted one.
No further questions, your honor.
Anything more you'd like to add, mr.
Green? It's all been said and re-said, your honor.
I couldn't shake him.
Maybe his story is legitimate.
Maybe.
Can you tell how he'll decide? I'll almost bet on it.
Hello? Long distance? Yes, this is lieutenant gerard.
All right.
Put him on.
It is the opinion of this court That the evidence presented by the witness Would indeed seem to merit a new trial.
However, since the defendant, richard kimble, Is in contempt of the laws of the court by remaining at large, No definite ruling can now be made.
It's all right.
It only means that dick will have to come in Before they'll order a new trial.
The attorney for the defendant is hereby instructed That if the defendant surrenders himself, A stay of execution will be granted by the court And a ruling will be issued.
Hearing adjourned.
That's very interesting, warden.
I'll tell the deputy prosecutor And we'll fly up there tonight.
Yeah, and, uh, thank you.
Oh, what was the verdict? As we expected.
No ruling until he surrenders.
But we're not worried.
No.
No reason you should be, from what I've heard.
Excuse me.
Something's wrong.
I'd like to know who that phone call was from.
How do we, uh, Contact dick? You didn't have to come, donna.
I wanted to.
Does dad know yet? Uh No, uh, we've kept the papers from him so far.
I mean, uh, the strain on his heart, And, uh, Not until everything is certain.
You talk to the judge again, burt? Yeah.
I made a plea about the special circumstances, I even tried some legal maneuvering, but it was no-go.
Dick, you've got to come in if you want another chance.
Everything's riding on eckhardt.
He was solid as a rock in that courtroom this morning.
You're that sure, burt? I am.
But I'm not so sure about donna.
Well, uh, heh.
Maybe it's just my imagination, but, uh, After the hearing, lieutenant gerard Got this phone call.
And, uh, well, I don't know, It may not have had anything to do with this, But, uh, I just have a feeling.
I checked all over about that phone call.
I couldn't find out anything.
It may be nothing, but, uh- But what? I don't know.
I mean, what could he have? I'd like a little more time, burt.
Tomorrow morning.
All right.
I can understand that.
With gerard and Did eckhardt come back to chicago? Uh, he was on the same train with us.
You want to name a time? Courthouse, tomorrow, noon.
Keep checking, will you, burt? I'm sorry if I- If I made things worse being so nervous.
It's all right.
Gerard can do that to you.
How do we know you're not just making this up? We've gotta have something stronger Than just your word for it.
Would a witness do it? Who? Bartender named felix.
Over on third avenue.
That's where I met the captain.
And a waitress saw us too.
Okay.
We'll let you know.
Now, wait a minute.
Heh.
I'm not offering this for free.
We'll talk to the warden, the parole board.
You do that.
Because I figure going on that stand ought to be worth A big slice of my time.
What he's gonna say won't change eckhardt's testimony.
But it changes our hero image.
If I put that convict on the stand, There's a very good chance They won't buy one word the captain says.
So if kimble turns himself in J.
J.
What are you doing here? I want to see your father.
Well, he's eating breakfast.
Go on up.
I'd rather he came down here.
Sure.
The court order situation is getting very complicated.
I don't know what could be done about it.
Bill.
Did you both get messages I sent you last night? Yes, just a few minutes ago.
He's due in at noon today to surrender? That's what I wanted to talk to you about.
If you have anything new I'd like to hear about it.
I guess you would, But we're under no obligation to hand you our case.
If we've got something, you'll find out in court.
That's the way it goes? You know the law.
And so do you.
You know I could be back here in half an hour With an affidavit of discovery.
I doubt if you can, burt.
But you can try if you want to.
Let him see it.
All right.
The report's in my office.
I'll meet you there.
Thank you.
You're running short of time.
I know.
I wanted to talk to you once more before I turn myself in.
What about? Anything, everything.
You see after I surrender, that's it.
After that it's all you.
Uh, j.
J.
, why don't you go upstairs And see if your mother needs any errands to run.
No, I want to stay.
Is there something you can't say? What's wrong, dad? Look, if you have any doubts, please tell me, Now.
You're not gonna pull out on the guy, are you? Of course not.
You see, my sister Feels there's something wrong.
Now what do you mean "wrong"? Well, she doesn't know exactly it's just that- She doesn't like the way lieutenant gerard is acting.
Look, I gave you my word that I'd testify for you, didn't I? It even cost me a good job.
I'm sorry, I didn't know.
Well, forget it.
I- I hadn't planned to tell you.
J.
J.
, not a word to mother.
She doesn't know yet.
Well, uh, my bus will be leaving pretty soon.
Thanks.
Goodbye.
Goodbye.
I know, but I can't do it.
I just can't do it.
But it's almost like he's just walking into a trap.
Maybe.
But there's still the chance That the jury will believe eckhardt.
A chance? Burt, we're talking about dick's life, Not some lottery ticket.
Donna, I told dick.
I am not just a lawyer.
I am part of the legal machinery.
I cannot help him avoid arrest.
At least tell me how I can get in touch with him.
Hello.
Yes, I know who you are.
Yes, he's with my husband now.
They're downstairs somewhere.
Oh, tell my brother not to come in.
Uh, do you understand? Tell him not to come.
Yes, well, what is it? Does the name eddie bragg mean anything to you? Well, uh- No, I don't think so.
Who is he? I-I think your husband probably knows.
Just tell my brother to stay there, all right, mrs.
Eckhardt? Yes, yes.
I'll do that.
I was just coming to get you.
What for? Well, they don't want dr.
Kimble to come now.
Where is he? Why, he already left.
What's the matter? Well, I didn't understand.
It was about some man.
Uh, eddie bragg.
It's that, uh, salesman.
Oh, jim, what are we gonna do? Stop kimble.
We've got to stop him.
I don't get it.
Dad, wait, I'm coming with you.
He did say "bus," didn't he? Yeah.
Dad, what's this all about? We'll head for the south side terminal.
Where did he say the bus leaves the highway? Not until the 7a junction just outside of stafford.
He thinks we'll have a tough time catching it.
We'd better get moving.
They're gathering out there.
I know.
Shouldn't you tell them he isn't coming? We're not sure he isn't coming.
I recognized you.
What? If it was me, I'd never turn myself in.
I don't care who my witness was.
I just thought you'd like to know.
You wanna know about eddie bragg? All right, j.
J.
I'll tell you.
You start with a lot of pain.
I mean, real pain.
The first time in a field hospital You're screaming, begging them to stop it.
And they stop it.
But the pain comes back and they stop it again.
And later, an operation, another operation.
Every time the pain, And every time they stop it.
One day you get a different kind of pain.
Only this time you stop it yourself.
Do you understand, son? I was hooked.
You? Eddie bragg is a pusher.
A dope pusher in chicago.
I stopped there on my way back to stafford Two years ago, three days before that kimble thing.
Made a contact with him, Bought some morphine.
A week's supply.
I thought I'd kicked the habit.
I had this one relapse.
I haven't touched it since.
That's the truth.
But if they've got bragg, They'll say I was on narcotics that night.
That I was just dreaming, seeing things.
Looks like they must have gotten through to kimble.
I doubt it.
Green doesn't look that confident.
He ought to be here by now.
There's the interstate bus.
I never saw bragg again.
I- I put it out of my mind.
I know saying I'm sorry isn't going to help.
Why did you even start, knowing what you did? Well, the odds against it coming out were so great.
You could have told me, let me decide.
Look, I'm still willing to go on the stand.
Even with bragg, they might believe me.
And if they don't? Look, my dad stuck his neck out for you.
He tried.
They could have found out about him, But he tried.
And he's still ready to go through with it.
What do you call that? You're right, j.
J.
Come on, let's get out of here.
Well, I've got better things to do Than stand out here like a fool.
Kimble isn't gonna show.
Thank god.
Come on.
I'll drive you home.
You reached him? Oh, the trouble I caused everyone, I- Don't apologize.
I know how hard it must have been for you to tell dick.
I think he understood.
Did your son know? No.
I figured he wasn't old enough, But I was wrong.
He's bigger than I thought.
Lieutenant? How do you feel about kimble now? Even though there won't be a trial, The captain did see the one-armed man.
Take the word of a junkie? You're not serious.
He can't really believe that about captain eckhardt.
He has to.
A witness has seen the one-armed man.
Richard kimble has had confirmed What he had almost begun to doubt himself.
And a phantom seen by two men can be seen again.

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