Mr District Attorney 39-06-16 (055) The Restaurant Racket

Summary

Podcast Summary: "Mr District Attorney 39-06-16 (055) The Restaurant Racket"

Podcast Information:

• Title: Harold's Old Time Radio
• Host/Author: Harolds Old Time Radio
• Episode: Mr District Attorney 39-06-16 (055) The Restaurant Racket
• Release Date: June 4, 2025
• Description: A dramatization of a legal battle from the Golden Age of Radio, featuring gripping courtroom drama and intricate character interactions.

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1. Introduction to the Case

The episode opens with Harrington setting the scene from the District Attorney's office, recounting the two-month investigation leading to the capture of Duke Orlando at the municipal airport. Harrington emphasizes the diligent efforts of the DA's team in assembling the case against Duke and his involvement in a restaurant racket.

• Harrington (00:18): "Two months in which the District Attorney and our entire staff have been working day and night piecing together the evidence we have collected against Duke Orlando and his restaurant."

2. Witness Testimony: The Ohio Kid

A pivotal moment in the episode is the testimony of Ohio Kid, a key witness who has turned state's evidence against Duke Orlando. Under direct questioning by the District Attorney, Ohio Kid reveals the extent of Duke's criminal activities, including threats and orchestrated crimes.

• District Attorney (00:59): "Are all the statements you have made so far the truth? The things you described actually took place as you said?"

• Ohio Kid (01:12): "Yes, they did."

Ohio Kid details Duke's orders for violent actions, such as bombing Mr. Tony's house, and implicates Duke as the mastermind behind various criminal operations, including murders linked to the restaurant racket.

• Ohio Kid (01:29): "Yeah, the Duke said if any restaurant owner don't want to join, just. I'll just show him how badly they need protection."

3. District Attorney’s Summation

As the trial progresses, Harrington updates listeners on the imminent closing of the case. The District Attorney delivers a compelling summation aimed at persuading the jury of Duke Orlando's guilt.

• District Attorney (02:42): "We have proved that Duke Orlando ruthlessly ordered the bombing of Mr. Tony's house, knowing that a little seven-year-old innocent child would be killed or maimed."

He methodically outlines the evidence, including the planned murder of Professor Toulon and the elimination of former associate Lucky Lynch, painting a picture of Duke as a cold and calculating criminal.

4. Verdict and Sentencing

Following the summation, the jury reaches a unanimous verdict. Harrington narrates the tense courtroom moment as the guilty verdict is announced.

• Harrington (06:21): "We find the defendant, Duke Orlando, guilty of the crime of murder in the first degree as charged."

The judge promptly sentences Duke to death by electric chair, solidifying the DA's case.

• Judge (06:37): "The sentence of the court, Duke Orlando, is that you should be confined to state's prison. And that on Sunday in the week beginning June 11, you'll be put to death in the mode and manner prescribed by the laws of this state."

5. Post-Trial Interactions: Duke and the Ohio Kid

After the sentencing, Duke Orlando engages in a profound dialogue with the Ohio Kid in their shared cell. This interaction reveals Duke's vulnerability and regret, adding depth to his character.

• Duke Orlando (07:33): "I won't be here long, kid. But you're here for life. Life in the cell is a long time."

• Ohio Kid (07:38): "Life in a cell, Duke, ain't nearly so long as the time you're dead."

Their conversation touches on themes of fear, regret, and the consequences of their past actions, highlighting the human side of the criminal narrative.

6. Reflections and Character Development

Duke's introspective remarks indicate a break from his hardened exterior, suggesting remorse and self-awareness.

• Duke Orlando (07:41): "Duke, will you talk with me a couple of minutes? Maybe I'm getting soft. I don't know."

• Duke Orlando (09:49): "I think I'd like a nice little place where I could stay and never go nowhere. Just stay there and eat peanuts and maybe play the vic and have a few friends. Just talk, Liz."

These moments provide listeners with a nuanced view of Duke, transforming him from a one-dimensional villain to a complex individual grappling with his fate.

7. Conclusion: The Final Walk and Aftermath

As the episode draws to a close, Duke is led to his final moments before execution. The somber mood underscores the gravity of justice served.

• Judge (10:07): "We're putting you in a cell where you'll be nice and comfy. Right near the death house. Sorry, Duke. Time to take a little walk. Your last walk."

• Harrington (10:42): "So long, Duke."

The episode concludes with a somber reflection on the outcome of the trial, emphasizing the end of Duke Orlando's criminal endeavors and the restoration of order through the legal system.

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8. Exclusion of Advertisements and Non-Content Sections

The latter part of the transcript features advertisements and promotional content for upcoming radio shows, which have been intentionally omitted from this summary to maintain focus on the substantive content of the episode.

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Key Takeaways:

• Diligent Investigation: The DA's office showcases meticulous investigative work, highlighting the importance of perseverance in building a strong legal case.

• Impact of Witness Testimony: Ohio Kid's decision to testify is central to the prosecution's success, illustrating the power of credible witness accounts in the judicial process.

• Character Depth: Duke Orlando's interactions post-verdict reveal the potential for personal transformation, adding emotional resonance to the narrative.

• Justice Served: The episode underscores the triumph of justice, with Duke facing the consequences of his actions, reinforcing societal trust in the legal system.

Notable Quotes:

• Harrington (00:18): "Two months in which the District Attorney and our entire staff have been working day and night piecing together the evidence we have collected against Duke Orlando and his restaurant."

• District Attorney (02:42): "We have proved that Duke Orlando ruthlessly ordered the bombing of Mr. Tony's house, knowing that a little seven-year-old innocent child would be killed or maimed."

• Duke Orlando (07:33): "I won't be here long, kid. But you're here for life. Life in the cell is a long time."

• Judge (10:07): "We're putting you in a cell where you'll be nice and comfy. Right near the death house. Sorry, Duke. Time to take a little walk. Your last walk."

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This episode of Harold's Old Time Radio masterfully blends courtroom drama with deep character studies, offering listeners a compelling narrative that explores themes of justice, redemption, and the human condition.

Transcript

[Duke Orlando]

Packages by Expedia. You were made to be rechargeable. We were made to package flights, hotels and hammocks for less. Expedia made to travel.

[District Attorney]

Mr. District Attorney.

[Harrington]

Radio friends, this is Harrington. I'm speaking to you from the District Attorney's office. Two months have gone by since we captured Duke Orlando at the municipal airport. Two months in which the District Attorney and our entire staff have been working day and night piecing together the evidence we have collected against Duke Orlando and his restaurant.

[Duke Orlando]

Right.

[Harrington]

The Ohio Kid. The Duke's torpedo has supplied us with much of the connecting links that we needed. He has turned state's evidence, which means he'll be a witness for the District Attorney. The District Attorney has been in court for the past five days. And this morning he was going to call the Ohio Kid to the stand.

[District Attorney]

Kid, I want to remind you that you have sworn to tell the truth while in the witness chair. Are all the statements you have made so far the truth? The things you described actually took place as you said?

[Ohio Kid]

Yes, they did.

[District Attorney]

You heard Mr. Tony, the restaurant owner on the witness stand say that he was threatened by Lucky lynch and yourself. That Lucky said if he didn't join your employer's protective society, something real bad was going to happen to him or to his family.

[Ohio Kid]

Yeah, Lucky said that.

[District Attorney]

Did Duke Orlando give him orders to say that?

[Ohio Kid]

Yeah, the Duke said if any restaurant owner don't want to join, just. I'll just show him how badly they need protection.

[District Attorney]

And how did you show Mr. Tony?

[Ohio Kid]

You know, you heard Mr. Tony tell how we bombed his house.

[District Attorney]

Who's we?

[Ohio Kid]

Nucky lynch and me.

[District Attorney]

Who told you to bomb Mr. Tony's house?

[Ohio Kid]

The Duke.

[District Attorney]

Was that the only time the Duke ordered you to do something like that for him?

[Ohio Kid]

No. He was the boss of the whole racket. He gave us the orders on every job we pulled. The BB killing the Toulon murder.

[District Attorney]

Order in the court.

[Harrington]

Well, radio friends, the case of the People vs. Duke Orlando is in its final moments. While he was on the witness stand, the Ohio Kid disclosed the entire inside details of Orlando's restaurant racket. Now it looks as though we have a closed case against him. The District Attorney is in court now making a summation to the jury.

[District Attorney]

And so, gentlemen of the jury, there can be no doubt in your minds that Duke Orlando is guilty of the crime as charged. Look back on the facts that have been disclosed here in court. We have proved that Duke Orlando ruthlessly ordered the bombing of Mr. Tony's house, knowing that a little seven year old innocent child would be Killed or maimed. We have proved that he coolly planned the death and disappearance of Bebe, the union official. That he carefully engineered a scheme to get rid of his former right hand man, Lucky Lynch. That he. But it's not necessary for me to go on. I know, as intelligent citizens of this community, that you will not hesitate for one moment that you will render a verdict of murder in the first degree. Juke Orlando is as guilty of the murder of Professor Toulon as. As if he actually wielded the blow.

[Harrington]

Harrington speaking. No, the DA is still in court. Court recessed about five minutes ago. Yes, I expect him any minute. Well, I doubt if he'll have time for that today. Right. Goodbye.

[District Attorney]

Oh, Harrington.

[Harrington]

Well, how'd it go, Da?

[District Attorney]

I think we've got the case clinched. And of course there's still a summation for the defense. However, I'm not worried. If Lester were still defending the Duke, I wouldn't be quite as sure of the outcome. Lester might get around the tremendous amount of evidence we brought out, but I don't think Stanton, his new attorney, will be able to. I'd like to. District Attorney speaking. He does? That's slightly irregular. Well, all right. I don't see any harm. I'll be down to see him shortly. Harrington. Duke Orlando wants to see me.

[Harrington]

Don't tell me he wants to come clean now.

[District Attorney]

I don't know, but I'll find out soon enough. I've got some work to clean up, but as soon as I'm through, I'll be paying Duke Orlando a visit.

[Duke Orlando]

Hello, Da. They like my new quarters?

[District Attorney]

Not quite as nice as your own place, Jupe.

[Duke Orlando]

Ah, they even got springs in the bed.

[District Attorney]

You won't be here long enough to worry much about that.

[Duke Orlando]

Trial's pretty near over, ain't it, Thea?

[District Attorney]

Yes, but what did you want to see me about?

[Duke Orlando]

Well, I decided to give you a break.

[District Attorney]

That's nice of you, Orlando.

[Duke Orlando]

Yeah, I thought so. I'm going to confess.

[District Attorney]

Why?

[Duke Orlando]

Well, I don't think my mouthpiece doing so good. If you don't do something fast, we're gonna lose this case. I don't think he has my interest at heart.

[District Attorney]

You don't, eh?

[Duke Orlando]

Ah, so I thought I'd confess. Then you could let me off easy.

[District Attorney]

What gave you that idea?

[Duke Orlando]

Well, it saved you a lot of trouble.

[District Attorney]

It would have before this trial started. I gave you your chance when Lucky lynch died. You could have given up then. It's too late now, Duke. I've got you dead to rights. You're going to the Electric chair.

[Duke Orlando]

Still dreaming, DA huh? Well, too bad you won't take me up on this confession idea. Have made it very easy for you. And you could have let me off easy.

[District Attorney]

Nothing can make it easy for you now, Duke. It certainly won't be easy for you to listen to that jury's verdict.

[Judge]

Gentlemen of the jury, have you reached a verdict?

[Harrington]

We have, your honor.

[Judge]

What is that verdict?

[Harrington]

We find the defendant, Duke Orlando, guilty of the crime of murder in the first degree as charged.

[Judge]

Duke Orlando, have you any legal cause why judgment and sentence should not be passed upon you at this time?

[Duke Orlando]

No, your honor.

[Judge]

The sentence of the court, Duke Orlando, is that you should be confined to state's prison. And that on Sunday in the week beginning June 11, you'll be put to death in the mode and manner prescribed by the laws of this state.

[Duke Orlando]

In the electric chair. No. No.

[Ohio Kid]

Hey, sit down, Duke. You've been walking up and down for an hour. It gets me nervous. Sit down, will you?

[Duke Orlando]

I can't sit. I can't. Every time I sit I think of the chair. It ain't so easy being quiet with that on your mind.

[Ohio Kid]

I guess it ain't plenty dark in these cells, ain't it, Duke? Funny they put you in the cell right next to mine.

[Duke Orlando]

I won't be here long, kid. But you're here for life. Life in the cell is a long time.

[Ohio Kid]

Life in a cell, Duke, ain't nearly so long as the time you're dead.

[Duke Orlando]

Yeah, I guess you're right, kid.

[Ohio Kid]

Duke, will you talk with me a couple of minutes? Maybe I'm getting soft. I don't know.

[Duke Orlando]

Sure, I ain't feeling so good myself. I'll even go further. I'm a fool. I've always been a fool. Like. Like a rubber tire, you know. You pump up full of air. Just a lot of air that don't last.

[Ohio Kid]

I never thought I'd hear you say something like that, Duke.

[Duke Orlando]

Well, I never did neither. But this is different. Sitting here and thinking. You scared, kid? Yeah. So am I.

[Ohio Kid]

Hey, Duke, did you ever fall for a nice dame? A regular dame?

[Duke Orlando]

Once.

[Ohio Kid]

What happened?

[Duke Orlando]

She threw me over when she found out who I was. Did you ever know him?

[Ohio Kid]

Nah, but I think I seen one once. Never got to know her though. I guess there is good dames though.

[Duke Orlando]

Ever played baseball when you was a kid?

[Ohio Kid]

Nah, not much. There wasn't any room on the street. Did you?

[Duke Orlando]

Sure. I played a swell game too. The other kids used to call me Home Run Orlando. Yeah, we had a good bunch of fellas. Sure, I Used to play baseball every Saturday. We had a swirl team.

[Ohio Kid]

Have you got anybody who cares about you whether you're burned or not?

[Duke Orlando]

Nah.

[Ohio Kid]

I ain't either. Why are we here today and other guys outside?

[Duke Orlando]

I don't know, kid. I guess. I guess we're here because we didn't use our brains. We tried to be too smart. I can't figure it out. Life, you know, is all complicated, Scott. Me licked.

[Ohio Kid]

Duke, if you was to live your life all over again, what would you do?

[Duke Orlando]

You got me there. Let's see.

[District Attorney]

I don't know.

[Duke Orlando]

I think I'd like a nice little place where I could stay and never go nowheres. Just stay there and eat peanuts and maybe play the vic and have a few friends. Just talk, Liz.

[Judge]

But not long. Duke, come on. Put a move on. You're coming with me. We're putting you in a cell where you'll be nice and comfy. Right near the death house. Sorry, Duke. Time to take a little walk. Your last walk.

[Duke Orlando]

Did no reprieve come? Didn't I get no stay?

[Judge]

Nope. Nothing's here but your death warrant.

[Harrington]

So long, Duke.

[Ohio Kid]

Sorry. You're going, pal.

[Duke Orlando]

The last mile.

[District Attorney]

Extra. Extra. Read all about it, Duke. Orlando dies in electric chair. District Attorney Wright's finished a restaurant record here. Read all about it. Restaurant record ended by District Attorney. Mr. District Attorney is a dramatization by Phillips H. Lord. All names of characters used in this program are, for obvious reasons fictitious. Mr. District Attorney, subsequent to tonight will come to you once a week in half hour form commencing June 27, 10 to 10:30pm Eastern Daylight Saving Time. It will not be heard during the intervening week. We present now Fred Waring Radio in a brief chat with Paul Douglas. He'll tell you about Pleasure Time, which is scheduled to be heard over These stations at 11 o' clock Eastern Daylight Saving Time beginning next Monday.

[Fred Waring]

Are you scared?

[Paul Douglas]

Yes, I am.

[Fred Waring]

Well, Fred, you've always been noticed for the noted for the shortest half hour in radio. And Pleasure Time's going to be a new departure for you and the Pennsylvanians. But don't you feel that producing a new show every day is going to be a tough assignment?

[Paul Douglas]

On the contrary, Paul. I'm very pleased with the idea of five 15 minute spots a week. For this reason we've always had twice as many ideas as we've had time in which to present them. And this is the opportunity we've been looking for to produce all the ideas we've been keeping on the waiting shelf.

[Fred Waring]

Well, I can understand that, Fred. But what puzzles Me is, how do you ever expect to work that enormous gang of yours into a 15 minute show? My memory serves me right. There's Donna Day, Stuart Churchill, Poly McLintock and Fern. Two bees and a Honey.

[Paul Douglas]

And the Les Paul Trio with Jimmy Atkins and Pat, Patsy Garrett and Gordon Goodman and Jane Wilson.

[Fred Waring]

And the Glee club.

[Paul Douglas]

Yes, and the Glee Club.

[Fred Waring]

That adds up to a lot of entertainment.

[Paul Douglas]

Well, that's not all, Paul. We plan to introduce a number of new features, too. Both script and musical.

[Fred Waring]

For instance?

[Paul Douglas]

Well, with a new idea we hope will be an entertaining way of presenting the baseball results of the day.

[Fred Waring]

Oh, you told me about that. With music.

[Paul Douglas]

Yes, of course, that features you, Paul.

[Fred Waring]

Well, I'm glad you met.

[Paul Douglas]

And among the featured instrumentalists will be Eric Sedei. He's a violinist and arranger. And he's a boy, tops among the English musicians, just arrived in this country. Formerly with Ray Noble, I believe.

[Fred Waring]

I met him the other afternoon. I've heard of him from Continental Records. But now, how about an inkling of these script plans?

[Paul Douglas]

Well, I won't tell all, but I will tell you one thing. Poly will be heard in a new role.

[Fred Waring]

The role of a great lover, astounded poly McLintock.

[Paul Douglas]

Paul, that astounded is in parenthesis there. Oh, you speak in an astounded tone.

[Fred Waring]

All right, Paulie McLinic. In an astounded tone.

[Paul Douglas]

That's right, that's right.

[Fred Waring]

You mean that really that croaking crooner, that fog voiced drummer of yours is going to be a great lover?

[Paul Douglas]

Yeah. Polly's going off the deep end. A new love is coming into Polly's life. And her name is Inga Nelson.

[Fred Waring]

Isn't that the girl with the Swedish dialect?

[Paul Douglas]

She is. She's been on the air a few times in guest appearances with Fred Allen. But to my mind, she's one of the finest young in the comedians of today. You know, Paula, Funny Woman is hard to find.

[Fred Waring]

I know. But anyway, Fred, how in the world. How in the world are you ever going to get all these featured soloists, musicians, choral groups and script spots into 15 minutes? It looks as though it's going to be the fullest 15 minutes in radio.

[Paul Douglas]

Well, I'll confess, Paul, it sort of had me stumped for a time. But no longer. I'm working out what might be best described as a stagger system.

[Fred Waring]

A stagger system?

[Paul Douglas]

Yes. In fact, it's a staggering stagger system. I'm having insomnia these nights trying to figure out schedules, performers, works with the Rangers, having conferences with script writers. In order to plan material for our program in advance.

[Fred Waring]

You'll be a very busy man, Fred.

[Paul Douglas]

Yes, I will. A very busy man.

[Fred Waring]

Just one more question. What general effect will you attempt to achieve in producing Pleasure Time?

[Paul Douglas]

Well, the title pretty well describes it, Paul. Just a pleasant 15 minutes with all shades of variety in music.

[Duke Orlando]

Quite.

[Paul Douglas]

Choral arrangements will predominate. With the glee club featured, of course.

[Fred Waring]

I think we have to get off the air, Fred. I think we say lots of success. And Pleasure Time, starring Fred Waring with the Pennsylvanians, will start next Monday evening. Ladies and gentlemen.

[District Attorney]

Seven o' clock Eastern Daylight Saving Time. This is the National Broadcasting Company, RCA Building, Radio City, New York.