The Fugitive (1963–1967): Season 3, Episode 4 - Trial by Fire - full transcript

You want something?

Edmund Hotel.

Is this man staying here?

His room, which one is it?

Uh, 12.

Kimble!

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
in tonight's story:

Charles Aidman.

Frank Aletter.

Jacqueline Scott.

Also starring Barry Morse
as Lieutenant Philip Gerard.

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.