The Fighting Marshal (1931) - full transcript

Hello, boys.How are you?

Well, there's
Benton's pardon.

It will sure be
a big surprise to him.

It sure will.

I'm glad to see
the boy get a break.

I always liked Tim.

He's been a model prisoner
and has never given us
a bit of trouble.

Oh, Matthew?Yes, sir.

Will you bring
Benton here?

Benton doesn't know
he's pardoned, does he?

No. A man named
Stevens was shot.



He thought he was
going to die

and he confessed that
he and another fellow

named Ainsley had given
false testimony at Benton's
trial three years ago,

and caused him
to be sent up for life.

The dirty rat.

They ought to be strung up,
sending a man up for life.

Yes, but Ainsley
and Stevens

got away from
the authorities
and disappeared.

However, I guess Benton
will be very glad to know
he's a free man again.

He sure will.I should say so.

Guard!

Tim Benton and Red Larkin
have escaped.

Warn the guard!

Yes, sir. Red Larkin made
the break with him.



Sound the alarm
and get after them.

[ALARM BLARING]

[ALARM CONTINUES BLARING]

[BELL CLANGING]

[TRAIN WHISTLE BLOWING]

Warden, the boys made
a clean getaway last night

and we haven't been able
to find a trace
of them anywhere.

Too bad Benton
had to do that,

but I know it's
Red Larkin's fault.
He's a bad one.

A desperate killer
of the worst kind.

He was serving
a life sentence
himself.

I'm sorry he got out.

He'll be a bad
influence on Benton.

Too bad.Yes, it is.

Patterson,

I want you and Conroy

to use every
possible means
to locate them.

Try and find Benton
before Larkin

gets him into trouble
that will bring him
back in here again.

All right, Warden.
We'll do our best.

John, take a letter
to the governor.

[TYPEWRITER CLACKING]

My dear Governor,[TYPEWRITER CLACKING]

Tim Benton, number 4862,

and Red Larkin,
number 674,

made their escape
last night.

WARDEN: One of these men
is a desperate character.[TYPEWRITER DINGS]

The other one...

Tim Benton,[TYPEWRITER CLACKING]

as you know,

was a pardoned man.

However, I'm positive

he is not responsible
for the break.

Hoping we will have
something to report shortly,

I am yours, respectfully,

Harry Decker, Warden.

[PANTING]

Reckon that old prison's
a long way behind us now.

Yeah, but I can't hand
this country much.

There's one thing, we've
gotta get rid of these rags.
They're a dead giveaway.

And I'm speaking up
for the first
clothes we see

and I don't care
how I get them.

Now lay off that six-shooter.
That's going to get us
into trouble.

We got trouble
enough on our hands.

Aw, shut up and
lay off of me!

All I'm worrying about
is something to eat.

Well, unless my eyes
deceive me, Mr. Larkin,

there's a ranch house
in the distance.

Well, if it isn't the
first time your eyes have
been right in two weeks.

Let's mosey.

Well, looks as though
the folks are away.

We might as well
make ourselves at home.

All I'm worrying about
is something to eat.

I'm so hungry I could eat up
the knobs off the door.

Well, there's the kitchen.
Use your own judgment.

Boy, ain't this great.

Somebody was sure kind
to leave us all this grub.

Look, eggs, bacon,

coffee,

Red, there's everything
here. We're gonna have
a regular banquet.

Mmm, boy.

What's the matter?I thought
I heard something.

You heard that?

I've got kind of an
uneasy feeling,

as though there was
somebody around here.

Aw, you give me
a pain in the neck.

Gee, you give a guy
the jumps.

Just the same,
I'm gonna have
another look around.

I'd feel better.
Come on.

Stick 'em up!

Just another one
of your dumb hunches.

There's nobody
in this house.

I told you I had first call
on any clothes we found.

Well, don't get excited.
I'll toss you for 'em.

Toss nothing.
They're mine.

What gives you
first call on them?This.

That's the difference
between you and me.

You're a big-generous
hearted cuss, aren't you?

All right, keep 'em.

But remember that six-shooter
is gonna get you in trouble
one of these days.

Yeah?

Well, buddy
that's my funeral.

And if you wisecrack with me
very much it'll be yours.

Hey, why don't we eat?

All right,
that's not
a bad idea.

I don't know
why we don't.
Come on.

♪ Oh, de cook
she's name was Rosie

♪ And she come from Montreal

♪ She's been chambermaid
on lumber-barge

♪ Way down here last fall

♪ Oh, she rain all day
the night we come

♪ We got all ringing wet

♪ If it hadn't for
the sun came out

♪ She would be raining yet

[HUMMING]

[HUMMING][PAN SIZZLING]

Mmm-hmm!

[CONTINUES HUMMING]

[SNIFFING] Mmm!

Hey.

Didn't I tell you I want
those eggs straight up?

I'm sorry, Mr. Larkin,
they were straight up.

They took one look at you
and turned right over.

However, if there's
something else
you would like,

you can fix it yourself,
you red-headed mug.

Fix it? You're
always wanting me
to fix something.

Didn't I fix it
so you got outta jail?

Yeah, you did.

And a couple of other
fellows by the name of
Ainsley and Stevens

fixed it so I got in.

But now that I'm out,
I'm gonna clear myself
of that murder charge.

Hey, are you still trying
to stuff it down my throat
that you were framed?

Why don't you
give me the lowdown?
Come clean.

I'll tell you.

Three years ago,

my dad and a fellow
by the name of John Sebastian

had a big cow outfit
up North.

Sebastian killed my dad.

That's the same story
you've been telling me
for the last two weeks.

Well, nevertheless it's true.

Then he hired a couple
of fellows by the name
of Ainsley and Stevens

to swear that I killed
my own father.

Of course, the circumstances
were such that I couldn't
prove anything different,

I went to the
penitentiary for life.

Yeah, go on.

Sebastian took over
all his property.

Later on he sold
the ranch,

he took the whole thing
over through a lot of
forged deeds he had.

He got rid of the ranch
and other properties...

But he kept the mine
that he and dad had

outside Silver City.[EXHALING]

Silver City?

That mine made him rich.

I see his name in the papers
every once in a while now.

What he's doing,
where he is,
he's a big social lion.

He's back east
taking it easy
somewhere now.

Hey, buddy.

If you're on the level,
you had a rough deal.

I spent three years
in that penitentiary

and I've got quite a score
to settle with John Sebastian
and his two henchmen.

How you gonna do it?

I'm gonna find Ainsley
and Stevens

and make them clear me.

Of course
it's gonna take money.

But that's where
Sebastian's mine comes in.

He's going to finance
the game.

RED: Just how?

There's a payroll
goes to that mine
every month of $20,000

and I'm going to lift it.

[LAUGHING]

You're gonna make the old man
pay for his own hanging.

He stole that mine
from my father.

It rightfully belongs
to me, doesn't it?

Hey.

And if you stick up
the payroll you'll be
stealing from yourself?

TIM: Certainly.

Boy, ain't that great!

[LAUGHING]

DINSMORE: Don't move!

Drop that gun.

Put your hands up.

Face the wall.

Sorry to have interrupted
your meal boys.

Pull up a chair.
Sit down.

It's all right.

Dinsmore's the
name, gents.

Marshall.

Headed for Silver City,
just been appointed.

[SIGHING]

Prisons...

Walls...

Box cars...

Days without food,

clothes, freedom...

And a Marshall drops
out of the sky.

Boy, ain't that great.

So I always give you
the jumps, eh?

You know they killed
the last marshall
in Silver City.

I was on my way
to take the job,

saw you two fellows
heading in here,
so I laid for you.

Sorry to spoil
your plan for a holdup,

but I guess it's back
to the jug for you boys.

Ain't that great.

Well, now don't take
it too serious.

Here, smoke up,

then we'll be on our way.Oh!

Oh, big-hearted Red.Oh. [LAUGHING]

Thanks.You're welcome.

Hey, Marshall.

You know, I had you figured
for a dirty old polecat.

You ain't such
a bad fellow after all.

How far is it
to Silver City?

Well, I have an idea
it's about 50 miles.

Never been there?Nope.

Stranger on this part
of the country.
I'm from upstate.

Oh, I...

I see.

You got a match?

Sure.

Good work, Red.
Now, wait.

You've knocked him cold.

Oh, let me finish him.Oh, now just a minute.

You're always trying to use
that six-shooter.

It's gonna get you
in trouble one
of these days.

Yeah?

Well, it'll be me
getting in trouble,
not you.

Oh, use your noodle,
will you?

Now, look at here,
that fellow must have a horse
around here somewhere.

I'll put on his clothes,
get myself cleaned up,

get on that horse,
ride into Silver City
and get a line on things.

Say, that's not a bad idea.

Well, now you're
getting some sense.

You stand guard over him
till I get back here.

Now come on, let's get
his clothes off.Okay.

Hey, boys, pipe the dude
with the deep wide hat.

Must be our new marshall.

He's three days overdue now.

MAN: If he knows
what's good for him
he'd be two years overdue.

Hey, Pop, here comes
your new marshall.

Well, dog dinged
if I don't believe it is!

Welcome to Silver City,
Marshall.

We've been expecting you.
Glad to have you with us.

Come on over
and meet the boys.

Boys, step up and shake hands
with your new marshall,
Bob Dinsmore.

Marshall, I'm mighty
glad to know you.

They killed the last
six marshalls we had here.[GASPS]

Well, you boys kind of
take me by surprise.

I didn't expect
such a hearty welcome.

Anyway, I'm glad
to know you all.

Yes, and I'm mighty glad
to know you, Bob Dinsmore.

Thank you.

Well, boys,
it's happened.

The new marshall's
just arrived.

Let's give him a rousing
welcome to Silver city.

Ready, boys?

One, two, three.[GUNSHOTS]

[ALL LAUGHING]

[GUNSHOTS]

[ALL LAUGHING]

That hat cost $25.

I want just $5 apiece
from you boys.

Now dig.

That's only four.
I said five.

That's better.

Now, gentlemen,
I think we understand
each other.

I'd like to meet him.

Well, we sure need a man
here like you, Marshall.

Well, just in time.

Hello, Ed.

Meet Bob Dinsmore,
our new marshall.

This is Ed Myers,
your chief deputy.

Oh, howdy do?

Glad to know you,
Marshall.

And a doggone
good deputy he is, too.

What's going on, Alice?

Why the new marshall
just gave wild Bill
and his gang

a shooting lesson.

Daddy,

don't you think
you ought to meet him?

I should say so.

I've got some
business with him.

Well, looks like we're
having a sort of
a family reunion.

Hello, Clint.How are you?

Meet Bob Dinsmore,
our new marshall.

Mr. Wheeler, superintendent
of the Sebastian mine.

How do you do, sir?It's a pleasure indeed.

He's splendid, isn't he?

Oh, you think so?

I certainly do.

I want you to meet
a particular person
if you don't mind.

Surely.

Seems to me you're taking
an awful lot of interest
in a stranger.

Alice, may I present
our new marshall,

Mr. Dinsmore.
My daughter.

How do you do?How do you do?

I hope you'll
like us here.

Oh, I'm sure I will.

Won't you have
dinner with us
tonight?

Well, it's very kind of you
but I'd better spend
the rest of the evening

getting acquainted
with my new duties.

All right.
But you must have lunch
with us tomorrow.

Well, thanks,
I'd be glad to.

So you see my name
is Bob Dinsmore.

I'm the new marshall
of Silver City.

RED: Gee, ain't that great?

But that doesn't
answer my question.
What are you doing here?

Now listen, if you promise
not to get sore I'll tell you.

You see, uh,
it was like this.

When you leaves me
with Dinsmore the first,

he was doing
a Rip Van Winkle, you know...

Sleeping peacefully.

So...

I continues with my eating
when suddenly
I feels a gun on my back.

I says to myself, says I,

"Ain't this great?"

But being a quick thinker,

I suddenly whirls around
and knocks the six-shooter
out of his hand.

But he jumps upon me

and we go into
a terrific struggle.

And then...

We both struggle
for the gun.

We get to it
about the same time.

The gun goes off
and Dinsmore drops.

You don't have
to tell me any more.

You killed Dinsmore,
didn't you?

But it was an accident,

I swear it upon my honor.

Red.

That gun's gonna
get you into trouble.

Yeah?

Well, if it gets me
into trouble,
it'll get me out, see?

Oh, I'm sorry,
I didn't know
you were busy.

Oh, that's all right.
You didn't interrupt us.

As a matter of fact
he was just going.

Well, I'll be seeing
you around,

Marshall.

I forgot to tell you yesterday
how to get to our home
so I thought that...

That I'd stop by
and go with you.

[CHUCKLING]
Well, that's very
kind of you.

Well, as a matter of fact
I was just about to start out

to try and find
your house.Oh, were you?

You know, that's
the best pie I ever
tasted in my life.

Aunt Emily baked it.
She's a wonderful cook.

Oh, she certainly is.

You know, Marshall,

with you here
I feel much safer
about that payroll.

Well, you know
you can count on me

to do everything
I can to protect it.

Alice, why don't you
and the marshall
take a walk?

Oh, I'd love to.
Would you, Bob?

Oh, would I?

Thanks, Aunt Emily.

You get some
awfully good ideas.[LAUGHING]

He's a nice boy.
I like him, you know.

He sure is.

Higher. Oh!

Oh, you're going to be
over the tree tops
in a minute.

There you go.

[GIGGLING]

Now watch yourself.
Here you go.

Swing high and swing low.

Swing! [GIGGLING]

Wouldn't you be
in an awful fix
if that rope broke now?

Oh, you'd catch me,
wouldn't you?

I'd try.

[FOOTSTEPS APPROACHING]

JOE: Hey, Marshall.Yeah.

Miss Alice left
this note for you.

Well, thanks, Joe.That's all right, sir.

Say, I wanna see you.

What about?

We're not here chasing
petticoats, savvy?

What do you mean?

You know what I mean.

That Wheeler dame.

Aren't you butting
into something that
doesn't concern you?

Take a tip from me, buddy.

They're all alike.
They'll get
you into trouble.

A dame sent me
over the road once.

Girls are not
all alike, Red.

Oh, they're all the same.

Hey, I've been trying
for a week to get
a chance to talk with you.

How about that payroll?

Payroll?

Oh, yeah,
the payroll.

Yeah, the payroll.
How about it?

Now here's a
little btip for you.

We gotta be
moving in a hurry.

What's the big rush?

Well, your old pals Ainsley
and Stevens are in town.

In this town?Yep.

[ALL CLAMORING]

Hey, Marshall,
you're needed
over here right away.

What's going on over here?

Ainsley!

I ought to kill you.

Where's Stevens?

Just like you, Stevens.

[ALL CLAMORING]

Ainsley.

You're going to tell
the truth this time,

if I have to kill you.

And I'm collecting
from you, too.

You sent me to hell
for three years

and now you're
gonna pay for it.

[MEN CHEERING]

Good work, Marshall.
Here's your gun.

Thanks.

Now give me that
pocketbook.

Hurry.

Here.Thank you, Marshall.

Now will you appear
against these men if
I throw them in jail?

You bet I will.That's great.

Now, get going.

Hurry up.

Come on, you.

Marshall?

Yes?Here's your hat.

Thanks, honey.

Here's your hats,
you mugs.

Now get out of here.

I'll take care of them.

Come on, move out.
Hurry up.

Come on, boys and girls.

Everybody up to the bar.

The drinks are on me.

[ALL SHOUTING EXCITEDLY]

What's the idea?

And what you think
you're gonna do with us?

I'm gonna put you right where
I've been for three years.

Behind the bars.

You can't do
that to us.Oh, can't I?

Well, I'm doing it.
Now get going.

Smart fellow,
ain't you?

Figuring we're gonna
square things up for you.

Well, how you gonna
make us do it?

You're gonna clear
me or you're going
up for ten years

for stealing that
miner's pocketbook.

Yeah, and what'll
happen to you?

One word from us and
you'll go back to
that penitentiary for life.

You'll never
get the chance.

But you can't
open your mouth.

They're looking
for us, too.Shh!

On my way home, Marshall.
Thought I'd drop in to see
if you wanted anything.

Why, yes.

I had word that that
Kirby gang's been

making trouble over
on the other side
of the divide again.

We should go over there
and kind of get them
straightened out.

That's a mighty
big job, Marshall.

Take a few weeks
to do that.

Yeah, that's
what I figured.

Better take
a pack-horse
with you.

All right, Marshall.

So long.

Good luck.

Hey.Hmm?

I see you got
Ainsley and Stevens.

Yeah.

I caught myself
a couple of hornets.

What are you figuring
on doing with 'em?

I'm gonna keep 'em in
jail until they decide
to go before a court

and testify
to clear me.

Hey, suppose he tells
that deputy you're
an escaped convict?

How you gonna
handle him?

I got rid of that deputy
for a couple of weeks.

And I'm gonna
settle with those
birds inside.

Gee, won't that be great.

[HUMMING]

Gee, that's pretty.

But sing the words
for me, won't you?

All right.

♪ When your lips meet mine

♪ In a kiss divine

♪ I awake

♪ And find I'm dreaming

♪ Like a sweet refrain

♪ You'll return again

♪ But it's not the same

♪ I'm dreaming

♪ You can never be

♪ In reality

♪ And when you're with me

♪ I'm dreaming.

♪ Though you must be real

♪ Something makes me feel

♪ I'll awake

♪ And find

♪ I'm dreaming

I shouldn't
have done that.

It was all right.

No, it wasn't.

You...
You don't understand.

Bob.

Bob, don't
you care for me?

More than anything
in the world.

But I haven't
the right to.

Is it another girl?[SCOFFS]

It's more serious than that.

And something I can't
tell you about so...

So please don't ask me.

Oh, but, Bob,
this thing you speak of

can't be so serious
that it'd make any
difference in our love?

It's so serious that
I'm saying goodbye.

Goodbye?Yes.

I'm going away.

Oh, but you can't.
I won't let you go.

Please.

Hey, you.

You told me to meet
you in half an hour.

You're an hour late.
What's the matter?

I just came to tell you,
Red, that it's all off.

What?The payroll job.

So, you're throwing me
over for a dame, eh?

Don't be a fool.

With all that dough
you could pay off
Ainsley and Stevens

and square yourself
with the law.

I thought so, once.

But when you get outside
those gray walls

things look a little
different to you, Red.

That's the wrong way
to go about it.

Oh, yeah?

That leaves me out, eh?

Yes. I think we better
call it quits.

Oh, you double-crossing rat.Go easy, Red.

I could kill you
like I'd kill a snake.

I wouldn't try that, Red.

All right.

You win this hand.

But don't forget, buddy,
there'll be another deal.

JOE: Aren't you going
to wait for the Marshall?

MAN: We're late now, Joe.

We can't wait any longer.

We'll have to
go without him.

MAN: You'll have a hard time
explaining yourself...

AINSLEY: Wait a minute,
wait a minute. You can't
do it that way, Red.

Now, listen.
Will you quit yapping?

I told you I'd get
you outta jail if you'd
help with the payroll.

I know. But why steal
Sebastian's money when we
can make him give it to us?

Let us go get it.Wait a minute now. Wait.

That Tim Benton's liable
to cause us trouble.

Hey, I killed that Marshall

and Benton is
wearing his clothes.

He'll have a hard
time explaining
himself out of that one.

He sure will.

But don't worry about Benton.

We'll get Wheeler on
the way to the mines.
Come on let's go.

What's the matter?

What happened?

Oh, I don't know.
Somebody sneaked up
and hit me from behind.

All I can remember.

Here sit on the chair
and get yourself together.

I'll get you a drink
of water.

Take that. It'll make
you feel better.All right.

Feeling better now, Arty?Lot better, thanks.

That payroll of the mine
is coming through today.

I've got a funny hunch
that those fellows are
going to try to lift it.

Now you saddle up my horse
as quick as you can.

I'm gonna meet Clint Wheeler,

protect that payroll
and we'll get Ainsley
and Stevens at the same time.

Now, hurry.All right.

MYERS: Where you
heading for?

I'm going to meet Clint
Wheeler and come through
with that payroll.

No, you ain't.

You're staying right
here, Tim Benton.

I guess you kinda made
a mistake, haven't you?

Bob Dinsmore is my name.

No.

Tim Benton.

A circular came
through the mail from
Montana Penitentiary.

It said look out for
you and Red Larkin.

I see.

I wired the warden,
he's sending two men down.

Ought to be here pretty soon.

Clint Wheeler's coming
through with that payroll
to that mine today,

and I've got a hunch
it's gonna be lifted.

Now, I'm going to meet Clint
Wheeler and come through
and protect that payroll.

Don't worry.

Wheeler will wait
until I get there.

I guess I better
lock you up.

You know where it is.

Come on, move.

You're right.
I am Tim Benton.

But convict or no convict,
I'm gonna save that payroll.

There they come, boys.

Let 'em pass,
we'll get 'em
from the back.

That looks like a hold up.
Get out of here.

Hiya, hiya!

[GUNSHOTS]

[GUNSHOTS]

[STAMMERING]

Never mind.
Hurry up and open
that door.

What happened?

You stay here, pop.

[GUNSHOTS]

Come on, let's go.

[GUNSHOTS]

[GUNSHOTS]

Get rid of the old man.

We got to get out of this
open country. Hustle up.

We'll head for Lone Wolf
Canyon. Let's get going.
Come on.

AINSLEY: We'll be riding
right with you.All right.

Looks like they got
you, all right.

Better take him
back to town.

Old man Wheeler's been
hit pretty hard, Al.

Better take him into
town and have Doc Nolan
look him over.

MAN: All right, Sheriff.

Come on, boys.

They'll be after us fast.
We better hide the chest
and come after it later.

Right, we'll hide
it in that hollow
tree over there.

That's all right,
boys, that'll do.

Now, listen, fellows.

We'll mount fast
and scatter in
different directions

and we'll come back
here after sundown.

We? You must have
a mouse in your pocket.

You ain't coming back.

Well, we gotta
come back to split
the dough, ain't we?

Yeah, but just
two ways.

[GUNSHOT]

It's our dough now.
Let's get moving.

Oh, no, you don't.

Keep your hands up,
you fellows. Now I've got
you right where I want you.

Now you fellows perjured
yourselves and sent
me to the penitentiary.

And now I've got
you for murder.

You can't
take us in.Oh, can't I?

No. We'll tell 'em
your right name.

I'm going to take
you back and you're
gonna make a confession

clearing me of my
father's murder

or I'm gonna fill you
full of lead right here.That would be murder.

Well, I just as soon
go back to the penitentiary
for two murders

as for one I didn't commit.

Now what are
you gonna do?

Are you going
to clear me?

Or am I going to
give it to you?

Well, we'll go back.

All right, but pick
up Red and get him
on that buckboard.

All right.

Now pick up that
strong box and put it
aboard that buckboard.

Now climb up on that seat
and drive for town.

And remember
I'm right behind you.

Guess we lost
the trail, boys.

Better turn back.

Well, Bob, I see you
got all three of them.

I sure did, Pop.

You and Art give me
a hand, pack Red inside.

And you fellows,

get ahold of the strong
box and bring it in here.

Now you fellows stand
over against the wall.

Arty, keep an eye
on them.

Good work, Marshall.

Bob, I'm so glad
you're safe.

Well, how's your father?

Well, the doctor said
he'll be all right.

Oh, that's fine.Hello, Benton.

Hello, Bill.

You're not going to take
me in this time, though.

Those fellows over there
are gonna clear me.

They've already
cleared you once.

We've come down
here for Red Larkin

and try to stop you from
getting into another mess.

Gee.

And he's been telling me
the truth all the time.

I ought to arrest you, Benton,
for impersonating an officer.

Well, we won't hold
that against him.

Didn't he bring in those
crooks with the payroll?

Besides, he's the best
Marshall we ever had.

And I hope he stays here
for our new Marshall.

Where's the real Dinsmore?

Why, I killed that man.

Was that the serious
trouble that was going
to come between us?

That was it.

Come over here,
I'll tell you
all about it.

Boys.

You ain't gonna take
me back this time.

Ain't that great?