Law of the Lawless (1964) - full transcript
Clem Rogers, known as "the Hanging Judge" has come to Stone Junction, Kansas in 1889 to preside over the murder trial of Pete Stone, son of town ruler "Big Tom" Stone. Things are made more difficult when Rogers learns that Joe Rile, the man who killed his father, is working for Stone. The latter, in an effort to discredit Rogers, has his henchmen leave the unconscious, beaten and half-dressed Ellie Irish in his hotel room. On the day of the trial the town slowly fills fills with strangers, all in black and all hired to fill the courtroom. Stone tells Rogers that everyone in the courtroom is related to someone Rogers has hanged and is armed, and defies Rogers to send his son to the gallows.
( tense theme playing )
( hoof beats approaching )
( mellow theme playing )
A few more guns
just rode in.
You sure?
I never saw
them before.
( soft theme playing )
With the one that checked
in the hotel last night,
that makes four.
And that drifter
in the saloon may be five.
Of course, we could be wrong
about all of them.
You know, it's strange
their arriving here.
Just about the time
the judge is due in.
No, you stay here.
Thanks, Ellie.
Three.
Well, you in?
I'm out.
All right. I'm in.
Cards.
Three.
( speaking indistinctly)
One, two, three. One.
Sheriff...
Uh, later, Ellie.
I-Is the judge here?
No, not yet.
More coffee, Mr. Martin?
Just made it nice
and fresh.
Oh, thanks, Molly.
Oh, afternoon, sheriff.
Hi, Martin.
Care for a cup of coffee?
No, thanks. Hi, Molly.
How are you, sheriff?
Big Tom around?
Well, yes,
as a matter of fact he is,
but he don't want nobody
disturbing him.
Oh, but wait, sheriff,
you can't go in there.
I gave orders
I was to be left alone!
I'm sorry, sir, but he--
I don't take orders
too good!
Close that door
and get out of here!
Yes, sir.
Can't you see
we're talking private?
You the lawyer
from Kansas City?
Yes, sir.
I'm Rand McDonald.
Don't do that!
He's the one who arrested Pete.
There was a killing.
It was his duty.
How are you, sheriff?
It was a shootout,
fair and square.
That's no killing!
Not in any sense
of the word.
How many other people
have you imported into this town
in the last few hours?
Other people?
A gun slinger checked
in here last night.
He hasn't been out
of his room since.
Three more just rode in.
Damn you, sheriff!
If three gunmen
just rode in here,
don't come pointing
your righteous finger at me!
Get rid of them!
I don't want them here
any more than you do.
RAND:
Sheriff,
maybe they were malcontents
from some other town.
I'll find out.
It's a pity
you didn't do that
before you come around
bothering me.
What time
is the judge due in?
Any hour now.
Well, you're gonna see a lot
more of him.
Besides sheriff,
he's the prosecutor here.
On Sundays he holds
church services
in the courthouse.
Why that man tries
to be everything.
I thought you were everything,
Big Tom.
I am.
And he's gonna find
that out. I promise you.
He's gonna find that out.
Take all my money
and run out on me.
Oh, heh, no.
I'll be back.
See, it's almost supper time.
Pete's gotta eat good.
Remember,
Pete's my good friend
no matter what he does.
Okay, Tiny.
Thank you.
See you again.
See you later.
( tender theme playing )
Buy you boys
a drink?
We got our own bottle,
mister.
Where you boys from?
Hand me the bottle.
I said
where are you from?
What difference
does it make?
We got a law here.
Any stranger in town
has to
either identify himself
or get out.
Name's Johnson.
These are my brothers.
There was a fourth Johnson,
only he got himself hung.
Shut up!
Now wait a minute.
He wants to know,
I'm gonna tell him.
Sheriff, we ain't done nothing
and we ain't going nowhere.
You're leaving town.
I said
you're leaving town!
( dramatic theme playing )
Maybe you want
to try to kill me.
Maybe we do
and maybe we don't.
( gunfire )
( man grunts )
( mellow theme playing )
Now get out.
He's dead.
He's dead!
No!
Let's get him out
of here.
Hold it!
Leave him alone!
ED:
Lee, get a towel.
Sit down, Ed.
Are you all right, Mr. Tanner?
Yes, I'm fine.
Ellie, get the doctor.
What happened?
Nothing! Nothing happened.
Could you use a shot, sheriff?
Thanks, Ben.
You should have
called me.
( mellow theme playing )
Are you Judge Rogers?
That's right.
I'm Ellen Irish.
People call me Ellie.
Heh. What can I do for you,
Ellie?
Judge, it's very important
that I have a talk with you.
What about?
Well, it's kind of personal.
Right now I have to go
for the doctor.
The sheriff's been wounded.
Where is he?
In the saloon.
Can I see
you later?
Hello, judge.
Fellas, how are you?
What happened, Ed?
Oh, hello, Judge.
Sit down, have a drink.
I just killed a man.
He took on all
three of them.
I suppose they were looking
for you.
Why didn't you wait for me?
A judge shouldn't have
to defend himself
against men like that.
It seems like it's happening
more and more
often nowadays,
just about every town
I go to.
A judge is the law
and the law ought to mean
something to everybody.
It will in time.
Well, this trip
will be the showdown.
I've arrested
Pete Stone for murder.
Pete Stone?
Shootout.
I go by the law
and arrest a man
even though his father's
the biggest power in the state.
Well, you did what you had
to do. I'm sure of that.
Yeah.
I've become about the most
unpopular man in Kansas.
I've had Pete in the pokey
for over a month now,
against all the pressure
Big Tom could bring,
but there's something
I should have remembered,
even though it has nothing
to do with Big Tom.
What's that?
Pete's a good friend of yours.
You're afraid I'll turn
him lose, is that it?
We're all human.
Well, if he was proven innocent
I'd have no choice.
If you turn him lose,
gun fights will be
in season again.
What'll happen
to law and order then?
What will the battle
have been about?
Hi, Tim.
( tense theme playing )
Now what do you want?
Well, I'm here
for the same reason
you Johnson boys are.
What's that?
Well, like I said,
I'm here to kill the judge
just like you.
A little promise
I made to my partner
before he strung him up.
We don't
need you.
Well, you might.
For your information he used
to be the fastest gun alive.
Judge?
When was this?
Wait. Maybe 10 years ago.
I can take him.
Heh. Well, I doubt it.
I don't care what you think,
I can take him!
We can take him.
Let's go bury Ned,
come back later tonight.
Let's go.
I'll be here.
( tender theme playing )
Did you put the horses
away for me, Tim,
and bring those
law books in?
Yes, sir. I'll stabled them
and collect your gear.
( suspenseful theme playing )
Martin, how are you?
Hello, judge.
Good to have you back again.
I wish I could say it
was good to be back.
Could you have a bath tub
sent up to the room?
MARTIN:
Yes, sir.
And some buckets of water,
please.
Yes, sir, the usual.
I saw you coming into town.
Water's getting hot
right now.
Clem, how are you boy?
I haven't seen you
for years.
You used to come out to
the ranch when you came to town.
Sorry about Pete.
I wanna discuss
that with you.
I'm afraid it'll have to wait.
I can't discuss it now.
Clem, it was just a plain
ordinary gun fight.
You know the law.
But a shootout, that's legal,
the unwritten law.
Clem,
there were circumstances.
My son
was defending himself.
I hope so.
You say you hope so.
I say you've made up your mind
about Pete
before the trial
even starts.
If Pete was defending himself,
then why are you so worried?
A judge who's trying to make
a name for himself,
if a man can condemn his own
friend to hang,
then people would talk
about it, wouldn't they?
That what
you think of me?
You and Pete
used to be friends.
But you're not
the same anymore.
I wonder if any of us is
the same anymore, Mr. Stone.
Gun fighting comes
in with this territory.
Your own father was killed
in a shootout!
I'm sorry
you reminded me of that.
Well, it's no disgrace.
Except that he didn't
have a chance.
And if you could have found
Joe Rile,
you would have killed him.
But I didn't find him.
Three years you looked
for Joe Rile,
a wild kid with a gun
in your hand
and blood in your eyes.
I'm still as mad
as I ever was
if that's what
you're trying to find out.
What makes you so special?
Anybody else gets
in a gunfight
they're a candidate
for the gallows, but not you!
Come in here.
I wanna talk to you.
Got the tub all set up
for you, judge.
Good.
Be back with more water
in a jiffy.
( door closes )
That's out.
I'm not that kind
of a lawyer.
How long since
you've lost a case?
I've never lost a case.
I'll win this one too
if you stay out of it,
without bribing the jury.
What makes you so holy,
Mr. McDonald?
I told you to stay
in your room.
I don't like the tone
of your voice, Mr. Stone.
Who's this?
The defense attorney.
Heh, first time that there
was going to be one.
You go on back
to your room.
I'll be up there
in a few minutes!
That's what you said
when I checked in last night.
I'm still waiting.
Well, I've been busy,
can't you see that?
Any time, Mr. Stone.
Any time
you get around to it.
Who was that?
I asked you who that was.
I demand to know.
What right have you got
to demand anything?
You just run the trial.
What I do outside
of the courtroom
is my own business.
Either you tell me
who it is,
or I'm on the first stagecoach
out of here.
All right.
He's a paid gunman.
The fastest and most accurate
draw that money can buy.
What's his name?
Joe Rile, the man who killed
that judge's father.
Hi, Ellie.
Hello, Mr. Martin.
Is the judge in?
Yes, he is.
What's his room number?
Why?
I have a message
from the sheriff.
Oh, 214.
Ellie, Ellie,
wait a minute!
Ellie! The judge is...
The...
The judge is, ah...
( knocking on door )
Come in, the door's open.
Oh, excuse me.
Would you mind telling me
what you're doing in here?
I have a message
from the sheriff.
Uh, Doc Samuels is making him
rest up till after dinner
and he'll see you then.
Why'd he send you?
Well, the deputy
was watching the office
and anyway
I wanted to talk to you.
This was a good excuse.
I'll be downstairs having dinner
in an hour.
That's a much better place
to talk.
Well, thank you, judge.
Thank you very much.
Ellie, have I seen you anywhere
before this afternoon?
No, I don't think so.
Funny. I thought I had.
I'll see you downstairs.
( whistling )
( knocking on door )
Hi, doc.
Tim.
What are you doing here?
I came over to see
if everything
was all right.
Well, sure,
everything's all right.
Now you don't have to get
so uppity, son.
I'm keeping Sheriff Tanner over
at my place for a day or two,
and he told me
to look in on you.
What's the matter?
Doesn't the sheriff
trust me?
Doesn't he even think
I can hold down a jail?
Makes me feel like
I can't even do anything.
Tim, he just feels
you're a might inexperienced,
that's all.
Yeah,
I know what he thinks.
Take care of yourself, boy.
Well, you living
here now?
Temporarily.
Or do you just have friends
on this floor?
I might.
Pete wants to see you.
Before the trial?
Why not?
Prosecution could
claim bias.
Ed Tanner's the prosecutor,
he's your friend.
In a courtroom Ed Tanner
doesn't have any friends.
Does the same go for you too
in a courtroom?
I'll talk to Ed and see
if he has any objections.
DAVIS:
Evening, Judge.
Mr. Davis.
Judge.
Evening, Ellie.
Martin.
Yes, sir?
The man in 215,
have you seen him?
No, I haven't.
Good evening, judge.
What'll it be tonight?
How about the roast beef?
It's pretty good.
That'll be fine. Ellie?
Oh, yes, that's fine.
Doesn't it bother you,
being seen with a saloon girl?
Heh. Not a bit.
Well, what I wanna talk
to you about is--
Not right now, Ellie.
We'll talk about it later.
You have a real gentle way
of talking.
Heh, sometimes.
( chuckles )
I used to know a man once,
talked the very same way.
Of course,
that was a long time ago.
Who was he?
My husband.
I see.
And where is he now?
Dead. Shot in a gun fight.
I'm sorry.
Hmm.
Do you remember earlier
when I said that
I thought I'd seen you
somewhere before?
Yes.
Actually it was, heh,
it was just something
in the way you look.
I used to fancy myself
quite handy with a gun.
I went around
from town to town.
You?
Yes.
Then I got to noticing
the widows of the men
who'd been killed
in shootouts.
You'd be surprised how many
of them there are. Well...
Then I noticed what happened
to them afterwards.
I know.
The saloons got most
of the pretty ones.
The others, well, they either
died or just drifted away.
Their kids were left behind to
grow up begging in the streets.
That's why I became a judge.
Now, what about Pete?
I didn't say anything
about Pete.
You didn't have to.
When anyone
wants to talk to me,
it's almost always
about a man facing trial.
You his girl?
He plans to marry me.
You in love with him?
I... I don't know.
I'd have a home again,
security.
It's hard to be in love
with a man like Pete.
He has eyes
for every pretty girl.
( footsteps approaching )
Here we are.
Two roast beef.
Coffee, later, Your Honor?
That'll be fine.
( tender theme playing )
( chuckles )
She's doing just fine.
He's right out in front
of the whole town.
Mr. McDonald,
my father's got his angles
in how to get me out of here.
You're one of them.
He's got others.
But I've got my own angle.
Mr. Stone,
the only thing
that's going
to influence the judge
are the facts.
You just heard them.
Look, this town is full
of a lot straight-laced
prudes and snobs.
The hint of a scandal
practically sends them
into a righteous fit.
They're fanatics.
Those are
the kind of people
I want you
to get on that jury.
You mean to tell me
just because the judge
is having
dinner with that lady,
they, uh,
consider it a scandal?
Supposing she were
to see him later,
under, uh, more
interesting circumstances.
It'd be all over town
before morning.
If you arrange anything
like that,
get yourself
another attorney.
Tell me, wouldn't that
influence that kind of a jury
to be against a judge
at the trial?
Tell me, wouldn't it?
Answer my question!
Get your hands off of me!
Look,
you're for the defense.
If you get me off,
it'll be the biggest thing
that's happened
in a courtroom
west of the Mississippi
in years.
And if you don't,
he's beaten you!
Deputy!
And he'll keep on
beating you
until there's nobody left
for you to defend.
Hey, where do you think
you're going?
Hi, Pete!
I brought you supper!
PETE:
Thanks, Tiny.
I'll take it.
Get out of here.
Night, Pete.
PETE:
Night.
Suppose Pete can see us
from over there?
Oh, I suppose he could
if he tried.
Was it his idea for you
to sit here by the window?
( laughs softly )
Not much gets by you, judge.
Well,
I have to be going now.
But you haven't eaten
any of your food.
They're expecting me
over at the saloon.
All right.
Perhaps I'll see you the next
time I'm in Stone Junction.
That'll be a long while,
won't it?
A couple of months maybe.
Bye, judge.
Bye, Ellen.
( lively piano music playing )
( people chattering
indistinctly )
MAN:
Leave her alone!
What's the matter with you?
Nothing.
Did the judge say
something to you,
do something
to upset you?
No. I guess I'm just not used
to being treated like a lady.
Well, I guess I'd better
get ready for my number.
Going someplace, judge?
A little pilgrimage.
One I make each time
I'm here in Stone Junction.
Pilgrimage?
Yeah.
My father's grave.
ELLIE (singing):
*If you love me *
*Do not hasten
To bid me adieu *
*But remember
The Red River Valley *
*And the girl *
*That has loved you so true *
( people cheering )
WOMAN:
Over here.
( chattering indistinctly )
How about it?
I know what Pete
wants me to do.
You went along with it,
didn't you?
I'm not going
through with it.
Oh, you wanna spoil
his chances at the trial.
You want him to get hung.
Look, you're forgetting
that Pete's my friend.
Whatever he told you
to do, you do.
I'm not going
through with it.
( grunts )
We'll go back to the hotel,
where we can talk about it.
( tense theme playing )
Oh, I'm sorry if I hurt you,
but you remember what Pete said.
It might be quite a spell
before the judge shows up.
So I'm going out there
to watch for him.
Now remember,
I'll be right out there.
Don't you ever knock?
Where you been?
Just looking around.
I saw the judge.
Could have killed him
real easy.
That's what I want
to talk to you about.
I don't want him killed
until after the trial.
Well, what's the point
if it's after the trial?
Well, if he's killed before
the trial, what happens?
They'd hold Pete until
they could get a new judge.
In the whole town
a new judge
and everybody else would be
so work up over Clem's murder,
my son would hang for sure.
Uh-huh. I guess so.
I didn't bring you here
to keep Pete from being tried.
I got other things in mind
along that line.
Things you got
nothing to do with.
A few surprises.
What if Pete's
found guilty?
Surprises or whatever,
and they hang him.
Then what happens
to my job?
Well, you still got it.
Whether he's found
guilty or innocent?
Either way.
What if Clem
does him a favor?
You know, goes out of his way
to let him off.
I said either way.
What's your regular fee,
Mr. Rile?
A thousand dollars.
Well, I'm paying you
10 times that much.
Before you get carried away
with yourself,
you're paying it because
there's nobody else on earth
that Clem Rogers hates
as much as he hates me.
Nobody else could get him
to go for his gun.
It has to be a shootout.
That's the only way
I'd do it.
That'll be the end of the judge
and his crusade.
It won't matter to him.
Because he'll be dead.
I wouldn't be too sure
about that.
He might outdraw me.
It doesn't matter to me
who draws the fastest
or which one of you dies.
It'll be a gunfight.
He'll be dead,
or he'll be alive.
Breaking his own law
against shootouts.
And that'll be
the end of the law.
He'll be laughed off the books.
That's all that's important.
Mm-hm. That's all
that's important.
To get back to the days
when the only law
was the law
of the fast gun.
You know,
for a while there
I thought you'd hired me
because your son was in trouble.
But that isn't true,
is it?
The law of the gun, that's
the only trouble you want cured.
At any expense.
Money, human life.
Why, even your own son.
What kind of talk is that?
You've always
lived by the gun.
I wish I'd never seen one.
If you renege you won't
get a penny from me.
Oh, I won't renege
Mr. Stone.
Because that 10,000 dollars
is buying me
right out of the gun-fighting
profession.
It'll buy me a ranch I want,
and give me enough
to marry a woman I know.
I've waited a long time
for that kind of a stake,
Mr. Stone.
So I won't back out.
But I'll tell you one thing,
the price is cheap.
It's dirt cheap
for what you're
asking me to do, heh.
Now get the hell out
of my room.
( tense theme playing )
( door opens )
( door closes )
( footsteps approaching )
JAKE:
Where's my brother?
Where you been?
I've been out
looking for the judge.
Yeah, you've been looking
in the wrong place.
He left the hotel
about a half an hour ago.
He'll be back.
You get on that horse
and ride down the street
and stay there
until we call for you.
And if that judge--
You ain't telling me
what to do.
Shut up
and get on that horse.
Now you just
wait one minute.
Get on that horse.
Jake. Be careful.
( mellow theme playing )
Mr. Martin,
is the judge in?
No. He said he was going up
to the cemetery.
Why? Something the matter?
Uh, no, nothing.
It's all right.
Well, good evening,
deputy.
You and your brother were
told to get out of town.
I was just leaving.
And my brother just left.
Let me have that gun.
Oh kid, you're making a mistake.
( gun cocks )
My finger's real loose
on this trigger,
Mr. Johnson.
You wanna ask
questions?
You don't want my gun,
do you, deputy?
Well, there's the judge.
( dramatic theme playing )
( gunshot )
( gunfire )
( hoof beats approaching )
( horse whinnies )
( both grunting )
I'll kill you!
I'll kill ya!
Ah!
( gun clicks )
Judge!
( both grunting )
( groans )
( breathing heavily )
( gunshot )
Just protecting
my investment.
All I did was yell at him.
That's all I ever did,
just yell at him.
He never should have...
He shouldn't have been here.
I think
that'll do it, judge.
Thank you, doc.
I'll stay with him,
you go on home.
Fine.
( door closes )
Come on, Ed.
You're used to seeing people
get killed, Clem. I'm not.
Never will be.
I can't get used
to living with the fact
that Tim is dead.
His life smashed out
doing my job.
CLEM:
Hey, Ed.
All I ever did was
yell at him.
It's Tim
and people like him
that we're fighting for.
Law, order.
Those old used up words.
Well, we're gonna write them
all over again.
I wonder.
I-I-I wonder
what I've been so diligent
about, sanctimonious.
I... I don't even know
whether I can
preach a sermon
on Sundays anymore.
Live the good life.
Tim lived the good life.
Something even more
important than that.
He was willing to die
for it and he did.
You know, Clem, I think
you're gonna make
a believer out of me yet.
Course you'll never make
a believer out of Big Tom.
Nobody will. He's...
I think he's got
a fancy gun slinger
holed up in that hotel
over there right now.
He asked me if I'd have
a talk with Pete.
Oh, well,
are you going to?
With your permission.
I wondered if you were
gonna show up.
Why wouldn't I?
It took guts.
I suppose.
You've come a long way
since we used to
hell around together.
So have I.
I've come a long way.
Here I am in a cage.
I was awful sorry
to hear about it.
If there's anything
I can do or...
Heh, anything
you can do?
Legally, I mean.
Oh, legally.
I've got a job to do,
I hope you understand that.
Yeah, that's right,
you're the law.
And if you let the law down,
you let the people down.
And you swore
to uphold the law.
That's right.
See you in court,
judge.
( tense theme playing )
( door closes
and lock clicks )
That didn't take long.
There wasn't much to say.
Yeah, I know
how you feel.
Which comes first,
your friend or...
When it's a friend it's almost
like it's happening to yourself.
Set him free.
I wonder if I would set myself
free if I was wrong.
Don't you know?
I don't even pretend
to know.
I'm gonna get somebody
to stay here tonight.
You go home
and get a night's rest.
No, no, no,
I'll be all right.
You go on ahead.
See you later.
All right.
What do you think Pete's
chances are for tomorrow?
Excellent.
Evening, judge.
Evening.
Too bad about Tim,
wasn't it?
It certainly was.
Judge.
Brandon McDonald.
Pleased to meet you,
sir.
Pretty close call
you had tonight.
Yes.
I've been hearing a lot
about you.
Well, I've heard a good deal
about you too, Mr. McDonald.
Never lost a case
I understand.
That's right.
And you, judge?
How many men indicted
for gun fighting
have ever walked out
of your court free?
None.
Well, I suppose this meeting
was inevitable.
It had to happen.
Now you remember
what I told you.
You stay here.
( chuckles )
( door closes )
What was all that shooting?
What happened?
The judge is on his way up.
Now you know what to do.
Well, I'm not
going to do it.
( slaps )
( tense theme playing )
( Ellie grunting )
MARTIN:
Good night, judge.
( Ellie crying )
Ellie.
I gotta get out of here.
Judge, they'll be back.
They'll come in here
and they'll catch you
with me.
It's all right,
sit down.
No, he's deliberately
trying to make a scandal.
The lawyer?
No, Pete.
Oh, please believe me, judge.
I refused to do it.
Pete asked you to do this?
That's right.
Oh, it's my fault
all this happened.
It's my fault for ever
knowing Pete Stone.
No, it isn't.
Open up, judge.
( knocking on door )
Oh sorry, judge.
Didn't know you had company.
This here is Red.
Which one
of them hit you?
This one.
All right,
you go on home.
Kidnapping and
beating up a woman.
You know how many years
you can get in jail for that?
Why I never meant nothing
about kidnapping.
She'll testify
that you did.
Well, it wasn't
my idea anyway.
Now you listen to me.
Both of you.
If either one of you
say a word about this,
you're going to stand trial
in my court and I'll see to it.
So help me, judge.
Yeah, me too.
All right,
get out.
Not you.
( grunts )
( tense theme playing )
( groans)
I don't have to put up
with this. Even from you.
Get out.
Uh...
You should have seen him.
He was real mad.
So am I,
real mad.
But I'm trying to tell you
something, Miss Ellie.
Say, he gave you
a beating, didn't he?
That ain't
what I'm trying to tell you.
Well, what are you
trying to tell me?
Well, he was real mad.
You said that.
Well, he was real mad at me.
Because...
Because he's
in love with you.
What? Oh, you don't know
what you're talking about.
Yeah? Well, you should
have seen him.
She can see you.
Isn't that enough?
( scoffs )
( tender theme playing )
Who's minding
the hotel?
Nothing to mind.
Everybody's out on the street.
I'm not doing much
business either.
( hoof beats approaching )
The town's filling up
with strangers.
I wonder
who they are.
Hello, Mary.
Hello, Mr. Stone.
How are you, Ed?
Hello, Tom.
Who are they,
sheriff?
I don't know,
but I'm gonna find out.
Where's the courthouse?
The trial will be held
in the town meeting hall,
right over there.
Oh, fine.
This is our attorney
Mr. McDonald.
How do you do?
How do you do?
Come with me,
I'll show you.
Who are all these strangers?
You seem to know them.
Ask him.
At one time or another
he's seen
or heard of every one
of these people.
What's he talking about?
Let him tell you.
They've come from far
and wide at my invitation.
I'm paying
their travelling expenses,
and beyond that $200 a head
to take care of the work
that they'll miss
while they're
away from home.
Don't you know them, Clem?
Don't you recognize
any of them?
No.
Well, then I'll tell you.
Every single one of them
is kinfolks of somebody
that you've sentenced
to be hung.
Mothers, sisters, uncles,
cousins, fathers, brothers.
Mr. Stone, I won't have
such people in this town
when there's
a trial going on.
Let them stay, Ed.
But Clem--
Let him have his show.
It'll be your show, Clem.
Conducting a trial
while the eyes of these people
remind you
of all the men
that you've sent to their doom,
simply because they defended
themselves with a gun.
They'll sit there like markers
over the graves of your victims.
And if you can endure that
and still send one more man
to the gallows,
then you're not human.
You're a butcher. A murderer!
( tender theme playing )
( suspenseful theme playing )
Mr. McDonald?
Thank you.
( gavel bangs )
MAN:
Everybody rise.
CLEM:
Be seated.
People of the sovereign state
of Kansas versus Peter Stone.
The charge
is first degree murder.
You ready, Mr. Tanner?
I will be in one minute,
Your Honor.
You sure picked
a great jury.
Well, those are the kind of
people you asked me to select.
But the scandal
didn't happen.
Something went wrong,
I don't know what.
What are you talking about?
Never mind.
That jury, without something
to stir them up,
they'll hang me.
Prosecution is ready now,
Your Honor.
Go ahead.
Thank you.
Gentlemen of the jury,
today is a hot day.
In the cold light of history
it may prove to be
a grave, gray
and bleak one.
It's in your hands.
The prosecution
will prove beyond doubt
that a gun fight
took place.
And that a man died.
Is this murder?
No, no, no!
I say it is not!
( people chattering )
One more outburst like that,
Mr. Stone,
and we'll be forced to eject you
from this courtroom.
The law says
that it is.
The case for the state
will be brief.
Will Silas Miller
please take the stand?
Who's that woman?
George Stapleton's widow.
How well
do you know her?
I don't know her at all.
I've just
seen her around.
You're sure of that?
Of course I'm sure.
ED:
Do you swear to tell the truth,
the whole truth, nothing
but the truth, so help you God?
I do.
Mr. Miller, as everyone can see,
you're in a wheelchair.
Crippled.
I happen to know
it's the result of something
that happened
a few years ago.
Could you tell us
what it was?
Shootout.
What is your occupation,
Mr. Miller?
Saloon keeper.
And do you own the saloon?
Lock, stock
and barrel.
Are you a drinking man
yourself?
Never touch a drop.
Then you could be
sure of anything
that you had seen or heard.
I can be positive.
Do you recall the events
that took place in your saloon
on the night of June
the 17th of this year?
MILLER:
Yes, I do.
Was there a shooting
in the place, that night?
There sure was.
ED:
Did you see it?
MILLER:
Yes.
I wasn't more than five feet
from where it happened.
ED:
Would you tell the court
exactly what you saw and heard?
Sure.
It was kind of late
About 10 o'clock.
The 17th was a weekday,
so there wasn't many customers.
A few minutes before,
George Stapleton came in
and ordered a drink.
I thought
it was kind of funny
because he's night watchman
at the cow-pens.
And he should have been
on duty.
( tender theme playing )
What are you
looking at?
( chuckles )
All of a sudden,
we're drinking our drinks
like a great, big man.
Stay away from D.
Supposing
I don't wanna?
I'm warning you.
Is that a threat?
Yeah.
It's a threat.
What's gonna
back it up?
You stay
away from me.
I don't wanna.
( chuckling )
ED:
George Stapleton was dead?
MILLER:
Yes.
As a watchman, was George
required to wear a gun?
I guess so.
Did you know him
before he took that job?
MILLER:
I used to see him
once in a while.
And did he wear a gun then?
Oh, no, no,
he didn't.
How long have you known
the defendant?
Pete?
Since he was a boy.
ED:
When did you first see him
wearing a gun?
MILLER:
Oh, maybe 10, 11 years ago.
Then, in this case,
one of the men
had been wearing a gun
for 10 or 11 years
and the other,
for only two or three months.
MILLER:
That's right.
Have you finished
with the witness?
No.
No, not yet, I haven't.
Your Honor, after examination
of this witness,
I intended to call
other witnesses
who were present
at the shooting.
I now no longer believe
this will be necessary.
What are you proposing?
The state had
hoped to prove
that this was not just
a common shootout,
but a vicious killing.
Is it my understanding, now,
that you no longer
intend to follow that plan?
The state
now hopes to prove
that this was more than
just a senseless killing.
It was a murder!
Both coldly pre-meditated
and brutally committed!
For a motive so base that
it will shock this courtroom!
Your Honor,
I object!
I object to this wild
and impassioned harangue,
to this fantasy
without substance.
I'll give it substance.
Do I have your permission
to proceed?
Go ahead.
What did you do
to set him off?
Nothing.
You sure?
If you've done anything,
you better tell me fast.
Well, I glanced around
at my father
for a minute, but...
I see.
He just jumped
to conclusions, ahem.
George Stapleton had a wife.
Of course he did.
You know that.
Did you know her?
Well, no, but he was
always talking about her.
RAND:
I object.
The witness is answering
questions he hasn't been asked.
CLEM:
Objection sustained.
ED:
What was her first name?
MILLER:
D.
Sit down,
you're over ruled.
Her first name was D?
Diane, but everybody
called her D.
He explained it to us
one night.
He always talked
about her.
Now, let's return
to the night of the shooting.
When George Stapleton said
the words, "Stay away from me,"
his back was to you.
Yes, uh,
he was facing Pete.
I was behind the bar.
Then, the word "me"
might have been "D."
He might have said,
"Stay away from D."
Your Honor, the prosecution
is leading the witness.
Objection sustained.
Mr. Miller, you'll not
answer that last question.
Your witness.
( tender theme playing )
Mr. Miller,
a few minutes ago,
you testified that in as much
as you don't drink,
that you could definitely
remember everything
you saw and heard.
Yes, I think so.
RAND:
What's the date today?
MILLER:
22nd of July.
You sure?
Yes.
The so-called, uh,
"shootout" happened
on the 17th of June.
Now, if someone suggested
you might have heard one word
instead of another,
it's quite possible that
you might think you hadn't.
Isn't it?
Maybe I was confused.
Mr. Miller, isn't
a man's first impression
usually the right one?
Usually.
Thank you,
that's all.
CLEM:
Excused, Mr. Miller.
The prosecution can call
its next witness.
Will Mrs. George Stapleton
please take the stand?
Put your hand
on the Bible, please.
Do you swear to tell
the truth, the whole truth,
nothing but the truth,
so help you God?
MRS. STAPLETON: I do.
MAN: Be seated.
Mrs. Stapleton.
Do you see the defendant,
Peter Stone, seated there,
at the table?
Yes, I see him.
When did you and he
first meet?
We never have.
Never have?
No, sir.
Today is the first time
I've ever set eyes on him.
Didn't the defendant
turn in his chair
and look at you, and
signal you to leave the room?
MRS. STAPLETON:
Signal me?
Why, no, I didn't see him
signal anyone.
Mrs. Stapleton,
may I remind you
that you are under oath
to tell the truth?
RAND:
Your Honor, I object
most adamantly!
The prosecutor is brow-beating
the witness!
Objection sustained.
Your witness.
No questions.
You may step down,
Mrs. Stapleton.
Will Miss Ellen Irish
please take the stand?
What do you think?
He's blundered.
MAN:
Place your hand on the book.
Do you swear to tell the truth,
the whole truth,
nothing but the truth,
so help you God?
I do.
Be seated.
Do you know the defendant?
ELLEN:
Yes.
Are you his betrothed?
No.
ED:
Were you at one time?
ELLEN:
I was at one time.
ED:
Have you ever heard
the name "D"?
Yes.
When?
When I first saw Pete
with Mrs. Stapleton.
That's her name.
ED:
You saw him with her?
ELLEN:
Several times.
ED:
Why didn't you tell me
this before?
Pete asked me not to.
Did you and Pete
ever have any arguments
over his seeing
Mrs. Stapleton?
ELLEN:
Oh, yes.
At first, he, uh, denied
even knowing her.
Go on, Ellie.
Well...
Mr. Stapleton, ah,
worked at nights.
And, so one time when Pete
just didn't show up,
I borrowed a rig and drove out
to the Stapleton house.
And did you
see them there?
Yes.
Were they talking?
What were they doing?
They were
in an embrace.
( people chattering )
Your witness.
Miss Irish...
What is your, uh,
profession?
I work in a saloon.
You work in a saloon?
Yes.
That's all. Thank you.
( people chattering )
You can step down,
Ellen.
RAND:
Pete, did you, uh,
signal to anyone here
in the courtroom?
Yes. My father.
And at that time,
your father was seated next
to Mrs. Stapleton, wasn't he?
That's right.
That's all.
Your Honor,
the defense rests.
CLEM:
You can step down.
Are you ready to sum up
for the prosecution, Mr. Tanner?
Yes, I am, Your Honor.
Go ahead.
Gentlemen,
no one here
has denied that
Pete Stone shot and killed
George Stapleton
in cold blood.
Pete had been carrying a gun
for almost 11 years.
He was experienced.
George wasn't.
He only strapped
on a gun
to get a job at the cow-pens,
three months before.
To have been killed in
a gunfight was outright murder.
What is the background
of this crime?
It's one of lust,
scandal, infidelity.
George Stapleton
loved his wife.
He asked Pete Stone
to stay away from her.
"Stay away from D,"
he cried.
This was the plea of
a frightened, heartbroken man.
In reply,
Pete killed him.
Watched his body
sink to the bar room floor.
Are we gonna condone this
in our town
or in any town
in this country?
I think not.
RAND:
Gentlemen,
George Stapleton was a victim
of circumstances.
Born in poverty,
raised in poverty.
Deprived of the opportunity
of an education and culture.
Yet, while working
at the only job
he was qualified to do,
night watchman at the cow-pens,
he saw Pete.
Pete who had everything
he had always wanted,
Money to spend,
time to spend it in.
No boss to answer to.
He envied him.
And this envy
over a period of time,
drove him to a bar
where he knew Pete would be.
And there he drank
himself into intoxication
and very foolishly
tried to kill Pete.
Now, Pete was forced to draw,
in order to protect himself.
As for the other, ugly,
unspeakable charges, I...
I hesitate to dignify them
with an answer, but I will.
I'm afraid
the prosecutor is carried away
by his
own lurid imagination.
For you yourself heard
this respectable woman testify.
This grieving widow.
That she had never seen the
defendant before in her life.
Had never put eyes on him until
today, here in the courtroom.
Now, I ask you,
are we going to ignore
the testimony
of a respectable woman
and hang a man
on the word of a harlot?
No, I say.
And if this is not a murder
based on the motives,
such as the prosecutor
charges,
and believe me,
it is not,
then what have we?
We have a case of a man
who was forced to draw,
in order to protect himself,
just as you...
You or myself.
Now, I feel it's our duty
to set him free.
To put him back in the world,
where he belongs.
( crowd applauding )
( crowd chattering )
( suspenseful theme
playing )
Gentlemen, it's in customary
for the judge
to instruct the jury
before asking them to retire
to make a decision.
Now, what I have to say
will not be easy.
For I have known the defendant,
Peter Stone, for many years.
However, in the interest
of law and justice,
there's something
I must say.
A court of law is a place
where the truth is to be
brought out into the open
and examined.
And decisions to be made
accordingly.
However, today,
an appeal
to special privileges,
bias and snobbery
have colored that truth.
The defense has relied on
the unkindest of human emotions.
Prejudice. Bigotry.
I object!
You'll sit down,
until you've heard
what I have to say.
Now, you've been asked
to disregard
the testimony of one witness
in favor of another,
because of the way of life
that she leads.
You mustn't do that.
By the laws of God,
you can't do it.
Basically, there are
no difference in people.
Whether he's a rich man
or a poor man,
whether he's educated
or illiterate,
only the circumstances
that made him that way,
those are the differences.
What is the circumstance
that made the witness,
Ellen Irish, turn to a saloon
as her
only means of existence?
That circumstance was
a bar room shootout.
Because her husband
didn't draw fast enough.
Now, after one
of these shootouts,
what is a respectable, married
woman to do for a living?
If she turns to a saloon,
does that mean that
her word is no longer valid?
Simply because she's the victim
of a circumstance
that happens
all too frequently
in our land here,
West of the Mississippi?
I don't think so.
What about Mrs. Stapleton
sitting there?
Which one of you are gonna
take her under your wing
and look after her?
And if no one does,
I wonder
what's to become of her.
I wonder where she'll be
a year from today.
I object most strenuously!
You have no right to...
You object to what,
Mr. McDonald?
The truth being brought out
in the open?
To my asking the jury
to consider impartially?
The testimony
of each witness?
Well, I, uh...
All right, gentlemen.
You can retire now, until
you've reached your verdict.
( tender theme playing )
( gavel bangs )
This court is recessed
until the jury returns.
Forget prejudice?
Every man on that jury
is a bigot,
steeped in prejudice.
As for me,
I bungled too.
I should have stuck
to the gunfights
and the law
against shootouts.
But when...
When I saw Pete
making signals to that widow
and I realized
what it really was,
I got so mad, I...
Righteous,
maybe that's what I got.
Yeah,
I guess I got righteous.
I'm always trying to save
the world from itself.
CLEM:
Be seated.
Have you reached a verdict?
We have, Your Honor.
What is it?
Guilty.
You never get away with it!
Easy, Tom. Easy, Tom.
Sit down.
Will the defendant
please rise?
Peter Stone, you've been
found guilty of this charge
brought against you.
Under the laws
of the state of Kansas...
Never mind all that, Clem.
Get on with it.
I hereby sentence you,
this day,
to hang by the neck
until you're dead.
May God have mercy
on your soul.
( dramatic theme playing )
How'd it go?
He's guilty.
Guilty?
Yeah, they're gonna
hang him.
( tense theme playing )
Whiskey, please.
Judge.
I killed your father.
You're lying.
My name is Joe Rile.
So we finally meet.
Today, I'm gonna kill you.
Go ahead.
I'll count up to three,
then we'll both draw.
No, we won't.
You don't and I'll blow
your head off!
What's the matter with you?
Now, go ahead and shoot.
An unarmed man?
Would it make any difference,
whether I was armed or not?
You killed a lot of men
that you knew well in advance,
you were faster
than they were.
So what difference
would a gun make?
I killed your father!
I used to say that too.
Then I realized it wasn't you
that killed him at all.
It was too many
inadequate laws.
Saloons, towns,
sheriffs that condone these
bar room fights and shootouts.
( tender theme playing )
That's the gun
I killed him with.
It needn't be.
It could be any gun.
Any man, for that matter.
He'd be just as dead.
You keep talking
and I'll kill you,
whether you've got
a gun or not.
I quit chasing you
a long time ago, Rile.
Even though I'm just as bitter
today as I was then
about my father's death.
But I became dedicated
to wipe out this
so-called law
of the fast gun.
Didn't you hear
what I said?
I try you in every court
and hang you there.
Not you as an individual...
But other men like you.
What you stand for,
what you represent.
( mellow theme playing )
All right.
You better put your gun
back on, judge,
before one of
these brave men
in the saloon here
shoots you.
In the back.
Here...
Sell that
to the highest bidder.
Might put that other gun
in a museum.
After all... Don't.
( glass shatters )
Here you are.
Might as well sell that too.
Who's that?
Name is Joe Rile.
( tender theme playing )
( hoof beats approaching )
( mellow theme playing )
A few more guns
just rode in.
You sure?
I never saw
them before.
( soft theme playing )
With the one that checked
in the hotel last night,
that makes four.
And that drifter
in the saloon may be five.
Of course, we could be wrong
about all of them.
You know, it's strange
their arriving here.
Just about the time
the judge is due in.
No, you stay here.
Thanks, Ellie.
Three.
Well, you in?
I'm out.
All right. I'm in.
Cards.
Three.
( speaking indistinctly)
One, two, three. One.
Sheriff...
Uh, later, Ellie.
I-Is the judge here?
No, not yet.
More coffee, Mr. Martin?
Just made it nice
and fresh.
Oh, thanks, Molly.
Oh, afternoon, sheriff.
Hi, Martin.
Care for a cup of coffee?
No, thanks. Hi, Molly.
How are you, sheriff?
Big Tom around?
Well, yes,
as a matter of fact he is,
but he don't want nobody
disturbing him.
Oh, but wait, sheriff,
you can't go in there.
I gave orders
I was to be left alone!
I'm sorry, sir, but he--
I don't take orders
too good!
Close that door
and get out of here!
Yes, sir.
Can't you see
we're talking private?
You the lawyer
from Kansas City?
Yes, sir.
I'm Rand McDonald.
Don't do that!
He's the one who arrested Pete.
There was a killing.
It was his duty.
How are you, sheriff?
It was a shootout,
fair and square.
That's no killing!
Not in any sense
of the word.
How many other people
have you imported into this town
in the last few hours?
Other people?
A gun slinger checked
in here last night.
He hasn't been out
of his room since.
Three more just rode in.
Damn you, sheriff!
If three gunmen
just rode in here,
don't come pointing
your righteous finger at me!
Get rid of them!
I don't want them here
any more than you do.
RAND:
Sheriff,
maybe they were malcontents
from some other town.
I'll find out.
It's a pity
you didn't do that
before you come around
bothering me.
What time
is the judge due in?
Any hour now.
Well, you're gonna see a lot
more of him.
Besides sheriff,
he's the prosecutor here.
On Sundays he holds
church services
in the courthouse.
Why that man tries
to be everything.
I thought you were everything,
Big Tom.
I am.
And he's gonna find
that out. I promise you.
He's gonna find that out.
Take all my money
and run out on me.
Oh, heh, no.
I'll be back.
See, it's almost supper time.
Pete's gotta eat good.
Remember,
Pete's my good friend
no matter what he does.
Okay, Tiny.
Thank you.
See you again.
See you later.
( tender theme playing )
Buy you boys
a drink?
We got our own bottle,
mister.
Where you boys from?
Hand me the bottle.
I said
where are you from?
What difference
does it make?
We got a law here.
Any stranger in town
has to
either identify himself
or get out.
Name's Johnson.
These are my brothers.
There was a fourth Johnson,
only he got himself hung.
Shut up!
Now wait a minute.
He wants to know,
I'm gonna tell him.
Sheriff, we ain't done nothing
and we ain't going nowhere.
You're leaving town.
I said
you're leaving town!
( dramatic theme playing )
Maybe you want
to try to kill me.
Maybe we do
and maybe we don't.
( gunfire )
( man grunts )
( mellow theme playing )
Now get out.
He's dead.
He's dead!
No!
Let's get him out
of here.
Hold it!
Leave him alone!
ED:
Lee, get a towel.
Sit down, Ed.
Are you all right, Mr. Tanner?
Yes, I'm fine.
Ellie, get the doctor.
What happened?
Nothing! Nothing happened.
Could you use a shot, sheriff?
Thanks, Ben.
You should have
called me.
( mellow theme playing )
Are you Judge Rogers?
That's right.
I'm Ellen Irish.
People call me Ellie.
Heh. What can I do for you,
Ellie?
Judge, it's very important
that I have a talk with you.
What about?
Well, it's kind of personal.
Right now I have to go
for the doctor.
The sheriff's been wounded.
Where is he?
In the saloon.
Can I see
you later?
Hello, judge.
Fellas, how are you?
What happened, Ed?
Oh, hello, Judge.
Sit down, have a drink.
I just killed a man.
He took on all
three of them.
I suppose they were looking
for you.
Why didn't you wait for me?
A judge shouldn't have
to defend himself
against men like that.
It seems like it's happening
more and more
often nowadays,
just about every town
I go to.
A judge is the law
and the law ought to mean
something to everybody.
It will in time.
Well, this trip
will be the showdown.
I've arrested
Pete Stone for murder.
Pete Stone?
Shootout.
I go by the law
and arrest a man
even though his father's
the biggest power in the state.
Well, you did what you had
to do. I'm sure of that.
Yeah.
I've become about the most
unpopular man in Kansas.
I've had Pete in the pokey
for over a month now,
against all the pressure
Big Tom could bring,
but there's something
I should have remembered,
even though it has nothing
to do with Big Tom.
What's that?
Pete's a good friend of yours.
You're afraid I'll turn
him lose, is that it?
We're all human.
Well, if he was proven innocent
I'd have no choice.
If you turn him lose,
gun fights will be
in season again.
What'll happen
to law and order then?
What will the battle
have been about?
Hi, Tim.
( tense theme playing )
Now what do you want?
Well, I'm here
for the same reason
you Johnson boys are.
What's that?
Well, like I said,
I'm here to kill the judge
just like you.
A little promise
I made to my partner
before he strung him up.
We don't
need you.
Well, you might.
For your information he used
to be the fastest gun alive.
Judge?
When was this?
Wait. Maybe 10 years ago.
I can take him.
Heh. Well, I doubt it.
I don't care what you think,
I can take him!
We can take him.
Let's go bury Ned,
come back later tonight.
Let's go.
I'll be here.
( tender theme playing )
Did you put the horses
away for me, Tim,
and bring those
law books in?
Yes, sir. I'll stabled them
and collect your gear.
( suspenseful theme playing )
Martin, how are you?
Hello, judge.
Good to have you back again.
I wish I could say it
was good to be back.
Could you have a bath tub
sent up to the room?
MARTIN:
Yes, sir.
And some buckets of water,
please.
Yes, sir, the usual.
I saw you coming into town.
Water's getting hot
right now.
Clem, how are you boy?
I haven't seen you
for years.
You used to come out to
the ranch when you came to town.
Sorry about Pete.
I wanna discuss
that with you.
I'm afraid it'll have to wait.
I can't discuss it now.
Clem, it was just a plain
ordinary gun fight.
You know the law.
But a shootout, that's legal,
the unwritten law.
Clem,
there were circumstances.
My son
was defending himself.
I hope so.
You say you hope so.
I say you've made up your mind
about Pete
before the trial
even starts.
If Pete was defending himself,
then why are you so worried?
A judge who's trying to make
a name for himself,
if a man can condemn his own
friend to hang,
then people would talk
about it, wouldn't they?
That what
you think of me?
You and Pete
used to be friends.
But you're not
the same anymore.
I wonder if any of us is
the same anymore, Mr. Stone.
Gun fighting comes
in with this territory.
Your own father was killed
in a shootout!
I'm sorry
you reminded me of that.
Well, it's no disgrace.
Except that he didn't
have a chance.
And if you could have found
Joe Rile,
you would have killed him.
But I didn't find him.
Three years you looked
for Joe Rile,
a wild kid with a gun
in your hand
and blood in your eyes.
I'm still as mad
as I ever was
if that's what
you're trying to find out.
What makes you so special?
Anybody else gets
in a gunfight
they're a candidate
for the gallows, but not you!
Come in here.
I wanna talk to you.
Got the tub all set up
for you, judge.
Good.
Be back with more water
in a jiffy.
( door closes )
That's out.
I'm not that kind
of a lawyer.
How long since
you've lost a case?
I've never lost a case.
I'll win this one too
if you stay out of it,
without bribing the jury.
What makes you so holy,
Mr. McDonald?
I told you to stay
in your room.
I don't like the tone
of your voice, Mr. Stone.
Who's this?
The defense attorney.
Heh, first time that there
was going to be one.
You go on back
to your room.
I'll be up there
in a few minutes!
That's what you said
when I checked in last night.
I'm still waiting.
Well, I've been busy,
can't you see that?
Any time, Mr. Stone.
Any time
you get around to it.
Who was that?
I asked you who that was.
I demand to know.
What right have you got
to demand anything?
You just run the trial.
What I do outside
of the courtroom
is my own business.
Either you tell me
who it is,
or I'm on the first stagecoach
out of here.
All right.
He's a paid gunman.
The fastest and most accurate
draw that money can buy.
What's his name?
Joe Rile, the man who killed
that judge's father.
Hi, Ellie.
Hello, Mr. Martin.
Is the judge in?
Yes, he is.
What's his room number?
Why?
I have a message
from the sheriff.
Oh, 214.
Ellie, Ellie,
wait a minute!
Ellie! The judge is...
The...
The judge is, ah...
( knocking on door )
Come in, the door's open.
Oh, excuse me.
Would you mind telling me
what you're doing in here?
I have a message
from the sheriff.
Uh, Doc Samuels is making him
rest up till after dinner
and he'll see you then.
Why'd he send you?
Well, the deputy
was watching the office
and anyway
I wanted to talk to you.
This was a good excuse.
I'll be downstairs having dinner
in an hour.
That's a much better place
to talk.
Well, thank you, judge.
Thank you very much.
Ellie, have I seen you anywhere
before this afternoon?
No, I don't think so.
Funny. I thought I had.
I'll see you downstairs.
( whistling )
( knocking on door )
Hi, doc.
Tim.
What are you doing here?
I came over to see
if everything
was all right.
Well, sure,
everything's all right.
Now you don't have to get
so uppity, son.
I'm keeping Sheriff Tanner over
at my place for a day or two,
and he told me
to look in on you.
What's the matter?
Doesn't the sheriff
trust me?
Doesn't he even think
I can hold down a jail?
Makes me feel like
I can't even do anything.
Tim, he just feels
you're a might inexperienced,
that's all.
Yeah,
I know what he thinks.
Take care of yourself, boy.
Well, you living
here now?
Temporarily.
Or do you just have friends
on this floor?
I might.
Pete wants to see you.
Before the trial?
Why not?
Prosecution could
claim bias.
Ed Tanner's the prosecutor,
he's your friend.
In a courtroom Ed Tanner
doesn't have any friends.
Does the same go for you too
in a courtroom?
I'll talk to Ed and see
if he has any objections.
DAVIS:
Evening, Judge.
Mr. Davis.
Judge.
Evening, Ellie.
Martin.
Yes, sir?
The man in 215,
have you seen him?
No, I haven't.
Good evening, judge.
What'll it be tonight?
How about the roast beef?
It's pretty good.
That'll be fine. Ellie?
Oh, yes, that's fine.
Doesn't it bother you,
being seen with a saloon girl?
Heh. Not a bit.
Well, what I wanna talk
to you about is--
Not right now, Ellie.
We'll talk about it later.
You have a real gentle way
of talking.
Heh, sometimes.
( chuckles )
I used to know a man once,
talked the very same way.
Of course,
that was a long time ago.
Who was he?
My husband.
I see.
And where is he now?
Dead. Shot in a gun fight.
I'm sorry.
Hmm.
Do you remember earlier
when I said that
I thought I'd seen you
somewhere before?
Yes.
Actually it was, heh,
it was just something
in the way you look.
I used to fancy myself
quite handy with a gun.
I went around
from town to town.
You?
Yes.
Then I got to noticing
the widows of the men
who'd been killed
in shootouts.
You'd be surprised how many
of them there are. Well...
Then I noticed what happened
to them afterwards.
I know.
The saloons got most
of the pretty ones.
The others, well, they either
died or just drifted away.
Their kids were left behind to
grow up begging in the streets.
That's why I became a judge.
Now, what about Pete?
I didn't say anything
about Pete.
You didn't have to.
When anyone
wants to talk to me,
it's almost always
about a man facing trial.
You his girl?
He plans to marry me.
You in love with him?
I... I don't know.
I'd have a home again,
security.
It's hard to be in love
with a man like Pete.
He has eyes
for every pretty girl.
( footsteps approaching )
Here we are.
Two roast beef.
Coffee, later, Your Honor?
That'll be fine.
( tender theme playing )
( chuckles )
She's doing just fine.
He's right out in front
of the whole town.
Mr. McDonald,
my father's got his angles
in how to get me out of here.
You're one of them.
He's got others.
But I've got my own angle.
Mr. Stone,
the only thing
that's going
to influence the judge
are the facts.
You just heard them.
Look, this town is full
of a lot straight-laced
prudes and snobs.
The hint of a scandal
practically sends them
into a righteous fit.
They're fanatics.
Those are
the kind of people
I want you
to get on that jury.
You mean to tell me
just because the judge
is having
dinner with that lady,
they, uh,
consider it a scandal?
Supposing she were
to see him later,
under, uh, more
interesting circumstances.
It'd be all over town
before morning.
If you arrange anything
like that,
get yourself
another attorney.
Tell me, wouldn't that
influence that kind of a jury
to be against a judge
at the trial?
Tell me, wouldn't it?
Answer my question!
Get your hands off of me!
Look,
you're for the defense.
If you get me off,
it'll be the biggest thing
that's happened
in a courtroom
west of the Mississippi
in years.
And if you don't,
he's beaten you!
Deputy!
And he'll keep on
beating you
until there's nobody left
for you to defend.
Hey, where do you think
you're going?
Hi, Pete!
I brought you supper!
PETE:
Thanks, Tiny.
I'll take it.
Get out of here.
Night, Pete.
PETE:
Night.
Suppose Pete can see us
from over there?
Oh, I suppose he could
if he tried.
Was it his idea for you
to sit here by the window?
( laughs softly )
Not much gets by you, judge.
Well,
I have to be going now.
But you haven't eaten
any of your food.
They're expecting me
over at the saloon.
All right.
Perhaps I'll see you the next
time I'm in Stone Junction.
That'll be a long while,
won't it?
A couple of months maybe.
Bye, judge.
Bye, Ellen.
( lively piano music playing )
( people chattering
indistinctly )
MAN:
Leave her alone!
What's the matter with you?
Nothing.
Did the judge say
something to you,
do something
to upset you?
No. I guess I'm just not used
to being treated like a lady.
Well, I guess I'd better
get ready for my number.
Going someplace, judge?
A little pilgrimage.
One I make each time
I'm here in Stone Junction.
Pilgrimage?
Yeah.
My father's grave.
ELLIE (singing):
*If you love me *
*Do not hasten
To bid me adieu *
*But remember
The Red River Valley *
*And the girl *
*That has loved you so true *
( people cheering )
WOMAN:
Over here.
( chattering indistinctly )
How about it?
I know what Pete
wants me to do.
You went along with it,
didn't you?
I'm not going
through with it.
Oh, you wanna spoil
his chances at the trial.
You want him to get hung.
Look, you're forgetting
that Pete's my friend.
Whatever he told you
to do, you do.
I'm not going
through with it.
( grunts )
We'll go back to the hotel,
where we can talk about it.
( tense theme playing )
Oh, I'm sorry if I hurt you,
but you remember what Pete said.
It might be quite a spell
before the judge shows up.
So I'm going out there
to watch for him.
Now remember,
I'll be right out there.
Don't you ever knock?
Where you been?
Just looking around.
I saw the judge.
Could have killed him
real easy.
That's what I want
to talk to you about.
I don't want him killed
until after the trial.
Well, what's the point
if it's after the trial?
Well, if he's killed before
the trial, what happens?
They'd hold Pete until
they could get a new judge.
In the whole town
a new judge
and everybody else would be
so work up over Clem's murder,
my son would hang for sure.
Uh-huh. I guess so.
I didn't bring you here
to keep Pete from being tried.
I got other things in mind
along that line.
Things you got
nothing to do with.
A few surprises.
What if Pete's
found guilty?
Surprises or whatever,
and they hang him.
Then what happens
to my job?
Well, you still got it.
Whether he's found
guilty or innocent?
Either way.
What if Clem
does him a favor?
You know, goes out of his way
to let him off.
I said either way.
What's your regular fee,
Mr. Rile?
A thousand dollars.
Well, I'm paying you
10 times that much.
Before you get carried away
with yourself,
you're paying it because
there's nobody else on earth
that Clem Rogers hates
as much as he hates me.
Nobody else could get him
to go for his gun.
It has to be a shootout.
That's the only way
I'd do it.
That'll be the end of the judge
and his crusade.
It won't matter to him.
Because he'll be dead.
I wouldn't be too sure
about that.
He might outdraw me.
It doesn't matter to me
who draws the fastest
or which one of you dies.
It'll be a gunfight.
He'll be dead,
or he'll be alive.
Breaking his own law
against shootouts.
And that'll be
the end of the law.
He'll be laughed off the books.
That's all that's important.
Mm-hm. That's all
that's important.
To get back to the days
when the only law
was the law
of the fast gun.
You know,
for a while there
I thought you'd hired me
because your son was in trouble.
But that isn't true,
is it?
The law of the gun, that's
the only trouble you want cured.
At any expense.
Money, human life.
Why, even your own son.
What kind of talk is that?
You've always
lived by the gun.
I wish I'd never seen one.
If you renege you won't
get a penny from me.
Oh, I won't renege
Mr. Stone.
Because that 10,000 dollars
is buying me
right out of the gun-fighting
profession.
It'll buy me a ranch I want,
and give me enough
to marry a woman I know.
I've waited a long time
for that kind of a stake,
Mr. Stone.
So I won't back out.
But I'll tell you one thing,
the price is cheap.
It's dirt cheap
for what you're
asking me to do, heh.
Now get the hell out
of my room.
( tense theme playing )
( door opens )
( door closes )
( footsteps approaching )
JAKE:
Where's my brother?
Where you been?
I've been out
looking for the judge.
Yeah, you've been looking
in the wrong place.
He left the hotel
about a half an hour ago.
He'll be back.
You get on that horse
and ride down the street
and stay there
until we call for you.
And if that judge--
You ain't telling me
what to do.
Shut up
and get on that horse.
Now you just
wait one minute.
Get on that horse.
Jake. Be careful.
( mellow theme playing )
Mr. Martin,
is the judge in?
No. He said he was going up
to the cemetery.
Why? Something the matter?
Uh, no, nothing.
It's all right.
Well, good evening,
deputy.
You and your brother were
told to get out of town.
I was just leaving.
And my brother just left.
Let me have that gun.
Oh kid, you're making a mistake.
( gun cocks )
My finger's real loose
on this trigger,
Mr. Johnson.
You wanna ask
questions?
You don't want my gun,
do you, deputy?
Well, there's the judge.
( dramatic theme playing )
( gunshot )
( gunfire )
( hoof beats approaching )
( horse whinnies )
( both grunting )
I'll kill you!
I'll kill ya!
Ah!
( gun clicks )
Judge!
( both grunting )
( groans )
( breathing heavily )
( gunshot )
Just protecting
my investment.
All I did was yell at him.
That's all I ever did,
just yell at him.
He never should have...
He shouldn't have been here.
I think
that'll do it, judge.
Thank you, doc.
I'll stay with him,
you go on home.
Fine.
( door closes )
Come on, Ed.
You're used to seeing people
get killed, Clem. I'm not.
Never will be.
I can't get used
to living with the fact
that Tim is dead.
His life smashed out
doing my job.
CLEM:
Hey, Ed.
All I ever did was
yell at him.
It's Tim
and people like him
that we're fighting for.
Law, order.
Those old used up words.
Well, we're gonna write them
all over again.
I wonder.
I-I-I wonder
what I've been so diligent
about, sanctimonious.
I... I don't even know
whether I can
preach a sermon
on Sundays anymore.
Live the good life.
Tim lived the good life.
Something even more
important than that.
He was willing to die
for it and he did.
You know, Clem, I think
you're gonna make
a believer out of me yet.
Course you'll never make
a believer out of Big Tom.
Nobody will. He's...
I think he's got
a fancy gun slinger
holed up in that hotel
over there right now.
He asked me if I'd have
a talk with Pete.
Oh, well,
are you going to?
With your permission.
I wondered if you were
gonna show up.
Why wouldn't I?
It took guts.
I suppose.
You've come a long way
since we used to
hell around together.
So have I.
I've come a long way.
Here I am in a cage.
I was awful sorry
to hear about it.
If there's anything
I can do or...
Heh, anything
you can do?
Legally, I mean.
Oh, legally.
I've got a job to do,
I hope you understand that.
Yeah, that's right,
you're the law.
And if you let the law down,
you let the people down.
And you swore
to uphold the law.
That's right.
See you in court,
judge.
( tense theme playing )
( door closes
and lock clicks )
That didn't take long.
There wasn't much to say.
Yeah, I know
how you feel.
Which comes first,
your friend or...
When it's a friend it's almost
like it's happening to yourself.
Set him free.
I wonder if I would set myself
free if I was wrong.
Don't you know?
I don't even pretend
to know.
I'm gonna get somebody
to stay here tonight.
You go home
and get a night's rest.
No, no, no,
I'll be all right.
You go on ahead.
See you later.
All right.
What do you think Pete's
chances are for tomorrow?
Excellent.
Evening, judge.
Evening.
Too bad about Tim,
wasn't it?
It certainly was.
Judge.
Brandon McDonald.
Pleased to meet you,
sir.
Pretty close call
you had tonight.
Yes.
I've been hearing a lot
about you.
Well, I've heard a good deal
about you too, Mr. McDonald.
Never lost a case
I understand.
That's right.
And you, judge?
How many men indicted
for gun fighting
have ever walked out
of your court free?
None.
Well, I suppose this meeting
was inevitable.
It had to happen.
Now you remember
what I told you.
You stay here.
( chuckles )
( door closes )
What was all that shooting?
What happened?
The judge is on his way up.
Now you know what to do.
Well, I'm not
going to do it.
( slaps )
( tense theme playing )
( Ellie grunting )
MARTIN:
Good night, judge.
( Ellie crying )
Ellie.
I gotta get out of here.
Judge, they'll be back.
They'll come in here
and they'll catch you
with me.
It's all right,
sit down.
No, he's deliberately
trying to make a scandal.
The lawyer?
No, Pete.
Oh, please believe me, judge.
I refused to do it.
Pete asked you to do this?
That's right.
Oh, it's my fault
all this happened.
It's my fault for ever
knowing Pete Stone.
No, it isn't.
Open up, judge.
( knocking on door )
Oh sorry, judge.
Didn't know you had company.
This here is Red.
Which one
of them hit you?
This one.
All right,
you go on home.
Kidnapping and
beating up a woman.
You know how many years
you can get in jail for that?
Why I never meant nothing
about kidnapping.
She'll testify
that you did.
Well, it wasn't
my idea anyway.
Now you listen to me.
Both of you.
If either one of you
say a word about this,
you're going to stand trial
in my court and I'll see to it.
So help me, judge.
Yeah, me too.
All right,
get out.
Not you.
( grunts )
( tense theme playing )
( groans)
I don't have to put up
with this. Even from you.
Get out.
Uh...
You should have seen him.
He was real mad.
So am I,
real mad.
But I'm trying to tell you
something, Miss Ellie.
Say, he gave you
a beating, didn't he?
That ain't
what I'm trying to tell you.
Well, what are you
trying to tell me?
Well, he was real mad.
You said that.
Well, he was real mad at me.
Because...
Because he's
in love with you.
What? Oh, you don't know
what you're talking about.
Yeah? Well, you should
have seen him.
She can see you.
Isn't that enough?
( scoffs )
( tender theme playing )
Who's minding
the hotel?
Nothing to mind.
Everybody's out on the street.
I'm not doing much
business either.
( hoof beats approaching )
The town's filling up
with strangers.
I wonder
who they are.
Hello, Mary.
Hello, Mr. Stone.
How are you, Ed?
Hello, Tom.
Who are they,
sheriff?
I don't know,
but I'm gonna find out.
Where's the courthouse?
The trial will be held
in the town meeting hall,
right over there.
Oh, fine.
This is our attorney
Mr. McDonald.
How do you do?
How do you do?
Come with me,
I'll show you.
Who are all these strangers?
You seem to know them.
Ask him.
At one time or another
he's seen
or heard of every one
of these people.
What's he talking about?
Let him tell you.
They've come from far
and wide at my invitation.
I'm paying
their travelling expenses,
and beyond that $200 a head
to take care of the work
that they'll miss
while they're
away from home.
Don't you know them, Clem?
Don't you recognize
any of them?
No.
Well, then I'll tell you.
Every single one of them
is kinfolks of somebody
that you've sentenced
to be hung.
Mothers, sisters, uncles,
cousins, fathers, brothers.
Mr. Stone, I won't have
such people in this town
when there's
a trial going on.
Let them stay, Ed.
But Clem--
Let him have his show.
It'll be your show, Clem.
Conducting a trial
while the eyes of these people
remind you
of all the men
that you've sent to their doom,
simply because they defended
themselves with a gun.
They'll sit there like markers
over the graves of your victims.
And if you can endure that
and still send one more man
to the gallows,
then you're not human.
You're a butcher. A murderer!
( tender theme playing )
( suspenseful theme playing )
Mr. McDonald?
Thank you.
( gavel bangs )
MAN:
Everybody rise.
CLEM:
Be seated.
People of the sovereign state
of Kansas versus Peter Stone.
The charge
is first degree murder.
You ready, Mr. Tanner?
I will be in one minute,
Your Honor.
You sure picked
a great jury.
Well, those are the kind of
people you asked me to select.
But the scandal
didn't happen.
Something went wrong,
I don't know what.
What are you talking about?
Never mind.
That jury, without something
to stir them up,
they'll hang me.
Prosecution is ready now,
Your Honor.
Go ahead.
Thank you.
Gentlemen of the jury,
today is a hot day.
In the cold light of history
it may prove to be
a grave, gray
and bleak one.
It's in your hands.
The prosecution
will prove beyond doubt
that a gun fight
took place.
And that a man died.
Is this murder?
No, no, no!
I say it is not!
( people chattering )
One more outburst like that,
Mr. Stone,
and we'll be forced to eject you
from this courtroom.
The law says
that it is.
The case for the state
will be brief.
Will Silas Miller
please take the stand?
Who's that woman?
George Stapleton's widow.
How well
do you know her?
I don't know her at all.
I've just
seen her around.
You're sure of that?
Of course I'm sure.
ED:
Do you swear to tell the truth,
the whole truth, nothing
but the truth, so help you God?
I do.
Mr. Miller, as everyone can see,
you're in a wheelchair.
Crippled.
I happen to know
it's the result of something
that happened
a few years ago.
Could you tell us
what it was?
Shootout.
What is your occupation,
Mr. Miller?
Saloon keeper.
And do you own the saloon?
Lock, stock
and barrel.
Are you a drinking man
yourself?
Never touch a drop.
Then you could be
sure of anything
that you had seen or heard.
I can be positive.
Do you recall the events
that took place in your saloon
on the night of June
the 17th of this year?
MILLER:
Yes, I do.
Was there a shooting
in the place, that night?
There sure was.
ED:
Did you see it?
MILLER:
Yes.
I wasn't more than five feet
from where it happened.
ED:
Would you tell the court
exactly what you saw and heard?
Sure.
It was kind of late
About 10 o'clock.
The 17th was a weekday,
so there wasn't many customers.
A few minutes before,
George Stapleton came in
and ordered a drink.
I thought
it was kind of funny
because he's night watchman
at the cow-pens.
And he should have been
on duty.
( tender theme playing )
What are you
looking at?
( chuckles )
All of a sudden,
we're drinking our drinks
like a great, big man.
Stay away from D.
Supposing
I don't wanna?
I'm warning you.
Is that a threat?
Yeah.
It's a threat.
What's gonna
back it up?
You stay
away from me.
I don't wanna.
( chuckling )
ED:
George Stapleton was dead?
MILLER:
Yes.
As a watchman, was George
required to wear a gun?
I guess so.
Did you know him
before he took that job?
MILLER:
I used to see him
once in a while.
And did he wear a gun then?
Oh, no, no,
he didn't.
How long have you known
the defendant?
Pete?
Since he was a boy.
ED:
When did you first see him
wearing a gun?
MILLER:
Oh, maybe 10, 11 years ago.
Then, in this case,
one of the men
had been wearing a gun
for 10 or 11 years
and the other,
for only two or three months.
MILLER:
That's right.
Have you finished
with the witness?
No.
No, not yet, I haven't.
Your Honor, after examination
of this witness,
I intended to call
other witnesses
who were present
at the shooting.
I now no longer believe
this will be necessary.
What are you proposing?
The state had
hoped to prove
that this was not just
a common shootout,
but a vicious killing.
Is it my understanding, now,
that you no longer
intend to follow that plan?
The state
now hopes to prove
that this was more than
just a senseless killing.
It was a murder!
Both coldly pre-meditated
and brutally committed!
For a motive so base that
it will shock this courtroom!
Your Honor,
I object!
I object to this wild
and impassioned harangue,
to this fantasy
without substance.
I'll give it substance.
Do I have your permission
to proceed?
Go ahead.
What did you do
to set him off?
Nothing.
You sure?
If you've done anything,
you better tell me fast.
Well, I glanced around
at my father
for a minute, but...
I see.
He just jumped
to conclusions, ahem.
George Stapleton had a wife.
Of course he did.
You know that.
Did you know her?
Well, no, but he was
always talking about her.
RAND:
I object.
The witness is answering
questions he hasn't been asked.
CLEM:
Objection sustained.
ED:
What was her first name?
MILLER:
D.
Sit down,
you're over ruled.
Her first name was D?
Diane, but everybody
called her D.
He explained it to us
one night.
He always talked
about her.
Now, let's return
to the night of the shooting.
When George Stapleton said
the words, "Stay away from me,"
his back was to you.
Yes, uh,
he was facing Pete.
I was behind the bar.
Then, the word "me"
might have been "D."
He might have said,
"Stay away from D."
Your Honor, the prosecution
is leading the witness.
Objection sustained.
Mr. Miller, you'll not
answer that last question.
Your witness.
( tender theme playing )
Mr. Miller,
a few minutes ago,
you testified that in as much
as you don't drink,
that you could definitely
remember everything
you saw and heard.
Yes, I think so.
RAND:
What's the date today?
MILLER:
22nd of July.
You sure?
Yes.
The so-called, uh,
"shootout" happened
on the 17th of June.
Now, if someone suggested
you might have heard one word
instead of another,
it's quite possible that
you might think you hadn't.
Isn't it?
Maybe I was confused.
Mr. Miller, isn't
a man's first impression
usually the right one?
Usually.
Thank you,
that's all.
CLEM:
Excused, Mr. Miller.
The prosecution can call
its next witness.
Will Mrs. George Stapleton
please take the stand?
Put your hand
on the Bible, please.
Do you swear to tell
the truth, the whole truth,
nothing but the truth,
so help you God?
MRS. STAPLETON: I do.
MAN: Be seated.
Mrs. Stapleton.
Do you see the defendant,
Peter Stone, seated there,
at the table?
Yes, I see him.
When did you and he
first meet?
We never have.
Never have?
No, sir.
Today is the first time
I've ever set eyes on him.
Didn't the defendant
turn in his chair
and look at you, and
signal you to leave the room?
MRS. STAPLETON:
Signal me?
Why, no, I didn't see him
signal anyone.
Mrs. Stapleton,
may I remind you
that you are under oath
to tell the truth?
RAND:
Your Honor, I object
most adamantly!
The prosecutor is brow-beating
the witness!
Objection sustained.
Your witness.
No questions.
You may step down,
Mrs. Stapleton.
Will Miss Ellen Irish
please take the stand?
What do you think?
He's blundered.
MAN:
Place your hand on the book.
Do you swear to tell the truth,
the whole truth,
nothing but the truth,
so help you God?
I do.
Be seated.
Do you know the defendant?
ELLEN:
Yes.
Are you his betrothed?
No.
ED:
Were you at one time?
ELLEN:
I was at one time.
ED:
Have you ever heard
the name "D"?
Yes.
When?
When I first saw Pete
with Mrs. Stapleton.
That's her name.
ED:
You saw him with her?
ELLEN:
Several times.
ED:
Why didn't you tell me
this before?
Pete asked me not to.
Did you and Pete
ever have any arguments
over his seeing
Mrs. Stapleton?
ELLEN:
Oh, yes.
At first, he, uh, denied
even knowing her.
Go on, Ellie.
Well...
Mr. Stapleton, ah,
worked at nights.
And, so one time when Pete
just didn't show up,
I borrowed a rig and drove out
to the Stapleton house.
And did you
see them there?
Yes.
Were they talking?
What were they doing?
They were
in an embrace.
( people chattering )
Your witness.
Miss Irish...
What is your, uh,
profession?
I work in a saloon.
You work in a saloon?
Yes.
That's all. Thank you.
( people chattering )
You can step down,
Ellen.
RAND:
Pete, did you, uh,
signal to anyone here
in the courtroom?
Yes. My father.
And at that time,
your father was seated next
to Mrs. Stapleton, wasn't he?
That's right.
That's all.
Your Honor,
the defense rests.
CLEM:
You can step down.
Are you ready to sum up
for the prosecution, Mr. Tanner?
Yes, I am, Your Honor.
Go ahead.
Gentlemen,
no one here
has denied that
Pete Stone shot and killed
George Stapleton
in cold blood.
Pete had been carrying a gun
for almost 11 years.
He was experienced.
George wasn't.
He only strapped
on a gun
to get a job at the cow-pens,
three months before.
To have been killed in
a gunfight was outright murder.
What is the background
of this crime?
It's one of lust,
scandal, infidelity.
George Stapleton
loved his wife.
He asked Pete Stone
to stay away from her.
"Stay away from D,"
he cried.
This was the plea of
a frightened, heartbroken man.
In reply,
Pete killed him.
Watched his body
sink to the bar room floor.
Are we gonna condone this
in our town
or in any town
in this country?
I think not.
RAND:
Gentlemen,
George Stapleton was a victim
of circumstances.
Born in poverty,
raised in poverty.
Deprived of the opportunity
of an education and culture.
Yet, while working
at the only job
he was qualified to do,
night watchman at the cow-pens,
he saw Pete.
Pete who had everything
he had always wanted,
Money to spend,
time to spend it in.
No boss to answer to.
He envied him.
And this envy
over a period of time,
drove him to a bar
where he knew Pete would be.
And there he drank
himself into intoxication
and very foolishly
tried to kill Pete.
Now, Pete was forced to draw,
in order to protect himself.
As for the other, ugly,
unspeakable charges, I...
I hesitate to dignify them
with an answer, but I will.
I'm afraid
the prosecutor is carried away
by his
own lurid imagination.
For you yourself heard
this respectable woman testify.
This grieving widow.
That she had never seen the
defendant before in her life.
Had never put eyes on him until
today, here in the courtroom.
Now, I ask you,
are we going to ignore
the testimony
of a respectable woman
and hang a man
on the word of a harlot?
No, I say.
And if this is not a murder
based on the motives,
such as the prosecutor
charges,
and believe me,
it is not,
then what have we?
We have a case of a man
who was forced to draw,
in order to protect himself,
just as you...
You or myself.
Now, I feel it's our duty
to set him free.
To put him back in the world,
where he belongs.
( crowd applauding )
( crowd chattering )
( suspenseful theme
playing )
Gentlemen, it's in customary
for the judge
to instruct the jury
before asking them to retire
to make a decision.
Now, what I have to say
will not be easy.
For I have known the defendant,
Peter Stone, for many years.
However, in the interest
of law and justice,
there's something
I must say.
A court of law is a place
where the truth is to be
brought out into the open
and examined.
And decisions to be made
accordingly.
However, today,
an appeal
to special privileges,
bias and snobbery
have colored that truth.
The defense has relied on
the unkindest of human emotions.
Prejudice. Bigotry.
I object!
You'll sit down,
until you've heard
what I have to say.
Now, you've been asked
to disregard
the testimony of one witness
in favor of another,
because of the way of life
that she leads.
You mustn't do that.
By the laws of God,
you can't do it.
Basically, there are
no difference in people.
Whether he's a rich man
or a poor man,
whether he's educated
or illiterate,
only the circumstances
that made him that way,
those are the differences.
What is the circumstance
that made the witness,
Ellen Irish, turn to a saloon
as her
only means of existence?
That circumstance was
a bar room shootout.
Because her husband
didn't draw fast enough.
Now, after one
of these shootouts,
what is a respectable, married
woman to do for a living?
If she turns to a saloon,
does that mean that
her word is no longer valid?
Simply because she's the victim
of a circumstance
that happens
all too frequently
in our land here,
West of the Mississippi?
I don't think so.
What about Mrs. Stapleton
sitting there?
Which one of you are gonna
take her under your wing
and look after her?
And if no one does,
I wonder
what's to become of her.
I wonder where she'll be
a year from today.
I object most strenuously!
You have no right to...
You object to what,
Mr. McDonald?
The truth being brought out
in the open?
To my asking the jury
to consider impartially?
The testimony
of each witness?
Well, I, uh...
All right, gentlemen.
You can retire now, until
you've reached your verdict.
( tender theme playing )
( gavel bangs )
This court is recessed
until the jury returns.
Forget prejudice?
Every man on that jury
is a bigot,
steeped in prejudice.
As for me,
I bungled too.
I should have stuck
to the gunfights
and the law
against shootouts.
But when...
When I saw Pete
making signals to that widow
and I realized
what it really was,
I got so mad, I...
Righteous,
maybe that's what I got.
Yeah,
I guess I got righteous.
I'm always trying to save
the world from itself.
CLEM:
Be seated.
Have you reached a verdict?
We have, Your Honor.
What is it?
Guilty.
You never get away with it!
Easy, Tom. Easy, Tom.
Sit down.
Will the defendant
please rise?
Peter Stone, you've been
found guilty of this charge
brought against you.
Under the laws
of the state of Kansas...
Never mind all that, Clem.
Get on with it.
I hereby sentence you,
this day,
to hang by the neck
until you're dead.
May God have mercy
on your soul.
( dramatic theme playing )
How'd it go?
He's guilty.
Guilty?
Yeah, they're gonna
hang him.
( tense theme playing )
Whiskey, please.
Judge.
I killed your father.
You're lying.
My name is Joe Rile.
So we finally meet.
Today, I'm gonna kill you.
Go ahead.
I'll count up to three,
then we'll both draw.
No, we won't.
You don't and I'll blow
your head off!
What's the matter with you?
Now, go ahead and shoot.
An unarmed man?
Would it make any difference,
whether I was armed or not?
You killed a lot of men
that you knew well in advance,
you were faster
than they were.
So what difference
would a gun make?
I killed your father!
I used to say that too.
Then I realized it wasn't you
that killed him at all.
It was too many
inadequate laws.
Saloons, towns,
sheriffs that condone these
bar room fights and shootouts.
( tender theme playing )
That's the gun
I killed him with.
It needn't be.
It could be any gun.
Any man, for that matter.
He'd be just as dead.
You keep talking
and I'll kill you,
whether you've got
a gun or not.
I quit chasing you
a long time ago, Rile.
Even though I'm just as bitter
today as I was then
about my father's death.
But I became dedicated
to wipe out this
so-called law
of the fast gun.
Didn't you hear
what I said?
I try you in every court
and hang you there.
Not you as an individual...
But other men like you.
What you stand for,
what you represent.
( mellow theme playing )
All right.
You better put your gun
back on, judge,
before one of
these brave men
in the saloon here
shoots you.
In the back.
Here...
Sell that
to the highest bidder.
Might put that other gun
in a museum.
After all... Don't.
( glass shatters )
Here you are.
Might as well sell that too.
Who's that?
Name is Joe Rile.
( tender theme playing )