Alias Smith and Jones (1971–1973): Season 3, Episode 11 - Witness to a Lynching - full transcript

Now listen here you...

Doc, will you stop it.

Now, she's right, you leave this jail and you're gonna be dead.

That's nonsense!

You really think you're gonna get paid off, Doc?

What do you think that gunman was along for?

To protect us!

Nah, to protect them.

His job was to help get you out to some lonely place and kill you.

Roswell can't afford to pay he's got to get rid of you.

Nah, he'd never get away with that.



He already has once before.

People just think you went to another part of the country that's all, but you'd be dead.

Don't say I'll be dead!
Why does everybody say I'll be dead?

Not only you, Doc, so will Cybele.

She saw what you saw.

Are you willing to bet her life, that you were right and we were wrong?

Hannibal Heyes and Kid Curry.

The two most successful outlaws
in the history of the West.

And in all the trains and banks they robbed,
they never shot anyone.

This made our two
Kansas cousins very popular.

With everyone
but the railroads and the banks.

One thing we gotta get Heyes.
What's that?

Outta this business.

The governor can't come flat out
and give you amnesty now.



First you gotta prove you deserve it.

Lom, are you saying that all
we have to do is stay out of trouble

until the governor figures
that we deserved amnesty?

And in the meantime
we'll still be wanted?

That's true.

Till then only you, me and the governor
will know about it.

It'll be our secret.

That's a good deal?

I sure wish the governor would let a
few more people in on our secret.

Excuse me, friend,

could you send this telegram right away?

Lom Trevors, Sheriff, Converse County, Wyoming Territory.

Dear Sheriff Trevors, our mutual friends are very anxious to know

how our mutual friend in Cheyenne feels

about our mutual friends.

They are getting very worried.

They have asked us to find out if there is any news.

Signed Smith and Jones.

Well see, that'll be 85 cents.

Thank you.

We expect an answer soon.

We'll be in the saloon.

He means we'll be right here.

Okay, here's your answer.

Tell our mutual friends to get over to Nolan's Rising Sun ranch.

You know where it is.
Tell 'em it's urgent.

Not only is that in Wyoming,
that's in Southern Wyoming!

We can't go there!

He says it's urgent.

We can't say no to Lom Trevors.

Why not?
He always says no to us.

Well, c'mon...

You took your sweet time getting here.

What do you mean?
What?

We rode like it was a posse chasing us.

All right, come inside.

It's just like I figured, they're gonna hide ?em out there.

Drop back and tell it Charlie.

Doc,

Miss Snively,

they're Joshua Smith and Thaddeus Jones,

two of the most confident men I know.
They'll be with you night and day.

Well, that's wonderful.

We certainly appreciate the company.

Snively's the name

and this is my daughter

Cybele.
Hello.

Howdy.
Howdy.

I don't think you have to be here more than a week.

But we brought supplies for three.

Well, folks just

make yourselves at home.

Well, fine, mighty fine.

Glad of your company, boys.
The more, the merrier.

I got ?em in protective custody,

'cause somebody might try to get ?em away from here

or even kill ?em.

I figured you two boys and have the guts and the know-how to be able to protect ?em

and not be corrupted.

That's why you sent for us?

Lom, we thought the governor maybe had decided to give us our amnesty.

Well, he hasn't.

If you two fail me on this, you can forget about that amnesty.

The job pays $100 apiece.

You want it?

I can't think of anything we'd rather do.

Who you're protecting ?em from, Lom?

A rancher named Roswell.

He lynched a homesteader for legally settling on a nice piece of range,

that Roswell now claims is his.

Lynched a man last year, too.

Only the witnesses suddenly disappeared.

That won't happen this time.

Now, why don't you just keep ?em in your own jail?

'Cause Roswell tried to bust ?em out of my Jail

and sent his lawyer around to offer ?em money.

You boys just makes certain

that they're still here when I come back to get ?em for the trial.

Lom, what about our amnesty?

We worry about that after you get this job done.

Kid, I think we've been took.

Well, sit down, boys, sit down,

might as well get acquainted.

We can bring in the rest of the supplies tomorrow.

Thank you.

Oh, boy.

Say tell me, Mr. Snively,

how'd you and your daughter had happened to see the lynching?

Oh, that.

Well, we just happened to be passing by in my medicine wagon.

Your medicine wagon?

Yeah, didn't the sheriff tell you?
I'm Dr. Snively.

The famous doctor?

Doctor Snively's Medicine Show.

Surely, you've heard of that?

Well, no,

we haven't been in Wyoming in quite a while.

Wyoming?

I cover the whole West plus Canada.

You mean to say you've never heard of Dr. Snively's specifics,

guaranteed against every affliction and disease known to modern civilization?

Here, let me show you.

Listen, I bet you gentlemen are real hungry, huh?

We sure are.

Well, now you just won yourself a bet.

Well, we've got everything for a real feast,

except fresh meat.

Don't worry about a thing.

I'll be back in 20 minutes with a couple of sage hens.

Take an hour and make it antelope.

Well, a feast it is indeed.

Yes, sir.

I must say we've got Cybele to thank for all of this in more ways than one.

It hadn't been for her,

we wouldn't be doing this at all.

Why is that, Doc?

Well,

I was all for accepting that lawyers offer $5,000.

He wanted to take us over the state line into Nebraska

and then pay us just to stay away.

But well, Cybele's got a mind of her own.

No, you wouldn't have done it even if I had been willing.

Oh yes, I would.

Makes me wonder sometimes how I raised you.

I thought with a little bit of luck at all, you'd be just as crooked as I am.

You're not crooked.

It's just that when I saw Mrs. Harvey and her son in town,

I mean after what those men did to her husband,

I just really felt that justice should be done for such a terrible thing, you know?

Yeah, a fine-looking woman, Mrs. Harvey,

even weeds.

Nice boy, too.

Very sad indeed.

Well,

here's to justice

to Dr. Snively's Cure-Al

Cure-Al?

Guaranteed to cure alcoholism or your money back.

Oh, we don't exactly have that problem, Doc.

We feel that even water, when taken in moderation, won't hurt you.

My boy, one never knows when that dread condition might strike.

And this is absolutely guaranteed to cure alcoholism at the time,

if taken as directed.

Which is one full bottle every other day.

Doc, what's in this?

Well, it's 55% pure health producing herbs from the juice of a few flowers

and 45% alcohol.

Doc,

this is absolutely the greatest medicine that I've ever taken.

Bar none.

Bar none, Doc.

With stuff like this I would never take another drop again in my whole life.

Yeah, why, you see...

absolutely guaranteed.

Why, do you know

last year in one Arizona town

I sold a hundred and seventy-nine bottles in one hour

and there are only 46 people in that town.

Four days later the problem had completely disappeared

and so had the town.

Hey, Doc,

tell me what is Cybele do?

What she do?

Why, she's the show.

She gets the people there with a dance.

Dance?

Hurry, hurry, hurry,

come one, come all,

to Dr. Snively's Medicine Show.

Dr. Snively's guaranteed tonics

who cure all your ailments, troubles, infections.

Yes sir, yes sir.

Ladies and gentlemen, step right up

and discover the wonders of the age.

Well, good morning,
good morning.

It's a glorious day outside.

Now, boys, you don't look too well this morning.

Doc,

have you got anything good for a hangover?

A hangover?

A hangover.

No sooner said than done.

No sooner said than done.

Here we are

Doctor Snively's Morning Metamorphosis.

Guaranteed to make you forget all about your headache in less time...

Get down, get down.

I can't see a thing.
How many you figure out there?

I can't tell, maybe eight or ten.

I will check out the back.

How many on the back?

I couldn't tell if there are, they're hiding away.

Send Snively and his girl out and we'll leave you fellas alone.

Sorry, but they're staying here.

We'll have to make a run for it, Doc.

Run for?
You crazy?

No, he's not.

You and Cybele run to the barn and hitch up the horses. We'll bail out in the wagon.

That's insane. We'll all be killed.

Doc, believe us, we've never run up against a hired gun yet

who was wanting to stick up his head when he should have been ducking.

We're gonna be pouring it on 'em.
And don't worry, it'll work.

Suppose they're in the barn.

They're not!

Then why don't we stay here?

Because at night they'll take chances that they won't take now.

They might even get close enough to burn us out.

Come on, daddy.

All right, don't move until we tell you and then run like crazy.

You ready?
Yeah, I'm ready.

Okay, Doc, go!

Joshua, are you ready to leave the premises?

No, but I see no way to avoid it.

Catch it.

Come on.

Joshua!

C'mon, baby.
Git on.

Well,

there's some flour and bacon unpacked.

I found some coffee -
I'm gonna make pancakes.

That'd be fine.

Doc,

when this is all over

you really gonna keep on traveling around with that Medicine Show of yours?

I mean with a girl like Cybele

belly dance like that and all?

Oh, sure, sure.

Cybele doesn't mind she...
she loves it.

Well, it seems to me like you've turned her out to make somebody a right fine wife

without even knowing it.

Wife?
No, no...

No, Cybele's like me she's got carny blood in her.

She'd be like a fish out of water doing anything else.

Say, are you sure we're safe here?

Relax, Doc.

Those fellas are long gone by now.

How can you be so sure?

They're hired gunmen, Doc.

They like killing for pay,

but they don't like being killed.

We found us once, they can find us again.

Sheriff Trevors was followed, Doc.

That can happen to anybody.
It won't happen again.

Yes, but how do you know?

We'll see to it, Doc.

That's good coffee.

Don't you want any, dad?

No, thank you.

Why, don't you see anything?

No,

not even a bird.

What happens to us now?

Well, we ride on to Glen Rock,

telegraph Sheriff Trevors

and find out what we do next.

What might that be?

Well, whatever it is,

you can be sure that the two of you are gonna be perfectly safe.

Can count...
on that...

What's matter, Joshua?

's nothing...

Hey, Joshua,

Hey,

hey, what's...?

What is it?
What's happening?

Dad?

Oh dad, did you put anything in it?

Yes, in the coffee.

They'll be alright in a few hours.

Why?

Because now I know I was wrong,

letting you talk me out of accepting that lawyers offer.

That Sheriff can't protect us, neither can these boys.

Those men will hunt us down no matter where we go,

unless we cooperate with them.

Kid,

Kid,

you all right?

Oh, oh...

What was that?

Huh?

What do you think?

One of Doctor Snively's guaranteed remedies?

We gotta get us some horses.

Fine.

Where?

How?

With what?

We're deputies, aren't we?

We'll requisition.

So, what do we do now?

Get out of Wyoming and write Lom we're sorry we lost his witnesses?

Nope.

We go where the Doc and Cybele went

to find Simpson.

You mean going to that town in the middle of the day?

We can't do that.

And that's right.

We can't go in in the middle of the day,

and we sure can't wait till it gets dark.

So, what do you suggest?

I suggest we go into town in the middle of the day.

Mrs. Simpson?
Yes.

Is your husband home?

No, he isn't.

Would you tell us where he is, ma'am?

Who are you?

My name's Carruthers and this here's Osmond Flake.

We were hired to do a certain job for Mr. Simpson

and we just came here to report to him.

That's strange.

He's never mentioned you.

Oh well, that doesn't surprise us ma'am, because this job he gave us...

he wouldn't talk to anyone about.

except possibly Mr. Rosswell.

You know what I mean.

Oh, I see.

And he's got to hear what we have to tell him.

It's a matter of life and death.

Well, he left several hours ago.

He drove a wagon over to Lost Spring.

He plans to catch the train there going to Nebraska.

In Lost Spring?

Well, if you work for Mr. Rosswell,

you must understand why my husband can't catch this train here in Douglas.

Yes, ma'am, I do.

Has the train come through here yet?

You sure you work for, Mr. Rosswell?

The train isn't even due for half an hour.

Oh well, thank you, ma'am.

Mr. Rosswell will be very grateful to you.
Yes, ma'am.

See, it's simple.

He couldn't get on the train here

because Lom's office is only two blocks from the station

which means that Cybele and the Doc have to be with him.

All we have to do is get on the train and relax.

Oh, yeah?

Would you like to tell me one thing first?

If Lom's office is two blocks away from the depot,

how are we gonna get on the train?

Are you planning on telling Lom, we fouled up the job?

Huh?

What's wrong?

Oh, nothing, nothing, I just...
turned my ankle a bit.

Aboard.

Aboard.

Well, we're finally on our way.

Now, Mr. Simpson I wonder if you would

just for my own information:

what is the arrangement again?

When we get to Chadron, Nebraska you'll be paid $5,000

and you can go anywhere you like,

provided it's not back to Wyoming.

Well, that's...that's...that's fine.

Now,

what does this gentleman who

never says anything doing here with us?

He's here to protect you.

Uh-huh.

Well, then I think you should know one thing...

...that we're very glad to have him with us.

Mr. Simpson, I wonder if you and your friend would oblige us by

leaving me alone with my daughter for a moment?

Alone?

What for?

Well,

to be honest with you,

she's not quite convinced that we're doing the right thing.

And I think it would be better for all of us, if I could convince her of that.

All right.

I guess, he told 'em.

Don't do anything unless they make a play.

If they do,

you take the gunman and Simpson.

I'll take Doc and Cybele.

But Simpson wants to put it on a simple money basis,

that's what I'm trying to tell you.

Simpson we can trust.
He's a lawyer.

All right.
All right, daddy, I...

I don't want to argue with you.
I'll...

I'll go along.

Provided that you promise not to tell them about Joshua and Thaddeus.

Suppose the boys start something.

But daddy, I don't care.

Please, give them a chance I...

I mean they kept us alive.

Oh, daddy,

let's not us side against them, please.

All right, all right, all right.

I wonder if Owen Kimball is still sheriff in Chadron.

Why?
We don't know him.

Lom does, they're good friends.

What if they don't get off in Chadron?

In that case, Kid, you can take over this whole operation.

I got a better idea.

Why don't we send a telegraph to Kimball from the next stop

have him come aboard and take 'em of?

Chadron.
This station is Chadron.

Chadron.
This station is Chadron.

Sheriff Kimball?
That's right.

These are the people I wired you about.

You'll have to come with us you're under arrest.

What is this?

For kidnapping.

For what?

Hold it.
Hold it!

One at a time.

The point is Sheriff, that if we are in Nebraska

then this man is completely outside your jurisdiction.

Now, you say that these are witnesses to the lynching that Roswell is involved in, right?

That's right, Sheriff.
I see.

Well, then mister...?
Simpson.

Whatever your name is, I think you'd better shut up. I know about this case.

And I'm locking this people up till I find...

They're good Americans!

And I have to demand the rights of my client!

I'll show that tin-horn sheriff, he can't push me around.

Now, Doc, just take it easy.

I will not take it easy!
This is outrageous!

It's unconstitutional!
It's illegal!

It's downright Anti-American!

Oh, daddy, please!

Why, don't you daddy-please me.

Where are you going?
I haven't finished yet.

Why don't you two just mind your own business?

Why you always poppin' up all over the place for?

Lom Trevors wants to know what you're doing in Chadron, Nebraska.

But he confirms everything you say,

and I'm holding 'em till he gets here to pick 'em up.

Oh no, you're not.

I have a writ of habeas corpus here signed by judge Monahan.

You can't legally hold those people,

and Marshal Guthrie is right here to see that this writ's enforced.

This isn't your jurisdiction, Guthrie.

It's got nothing to do with federal law.

I don't matter.

This man's got a writ,

and you gotta let those people out.

Well, I got a telegraph.

Says those people are witnesses to a lynching.

And I fully intend to hold 'em in protective custody, writ or no writ.

Will people stop putting us in protective custody!?

I don't want to be in protective custody.

Well,

there's our answer, Sheriff.

If they don't want acknowledge the writ, then of course it's worthless.

So, we'll just have to leave it up to them.

Won't we?

Hi, doctor, I have here a writ...

The assignment, I know, I know, I know.

And I acknowledge it, I acknowledge it.
Well, I don't!

And I'm not leaving.

Nonsense, you'll do just as I say.

Oh no, I won't, daddy, not this time.
I am not leaving this cell!

Dr. Snively,

if your daughter doesn't leave, you don't leave.

Now listen here, Cybele...

Daddy's gonna do you no good.
No!

Just give me a chance to talk to her.

Well, I thought you did that.

Now, we'll be back, Sheriff.

And we'll wipe that smile off your face.

Now, listen here...
I'm sorry...

Will you stop it!

Now, she's right.

You leave this jail and you're gonna be dead!

That's nonsense

You really think you're gonna get paid off, Doc?

What do you think that gunman was along for?

To protect us.

To protect them.

His job was to help get you out to some lonely place and kill you.

Roswell can't afford to pay he's got to get rid of you.

Nah, he'd never get away with that.

He already has once before!

People just think you went to another part of the country that's all, but you'd be dead.

Don't say I'll be dead!
Why does everybody say I'll be dead?

Not only you, Doc.

So will Cybele.

She saw what you saw.

Are you willing to bet her life that you were right and we're wrong?

All right, Sheriff,

I have a warrant here for the arrest of Amos and Cybele Snively.

Arrest?

On what charge?

A federal charge.

Selling liquor to Indians.

Indians?
What Indians?

There're no Indians in Converse County.

Well, that's nice and neat, Mr. Simpson, nice and neat.

You needed a federal offense,

and selling whiskey to the Indians was about the only one you could find.

You and the judge do your job well, don't you?

I do my duty.

To the Stockgrower's Association?

I'll tell you one thing, when you're bought you stay bought.

Exactly what do you mean by that?
I tell you what...

Sheriff!

I am not interested in your opinion

of cattleman or of Marshall Guthrie.

Fact is, I have a legitimate warrant here

and those people have to be turned over to federal custody.

That's one argument the sheriff's gonna lose.

And Simpson will have you again.

And I'll add this

I am an attorney, an officer of the court.

And you can be prosecuted not only for interfering with a federal marshal,

but for slander.

All right,

I guess I won't be able to stop you,

without becoming a law violator myself.

Come on.

Where are they?

Well, what do you know?

Well, I'll tell you what I know.
You're gonna end up in federal prison!

Why?
They were here a minute ago.

Let's get a posse!
We gotta grab them.

It's all right, dad.

Take a littel rest.

Oh, I can't ride like that anymore.

Why don't you take Cybele?

All they need is one witness.

Just leave me here.

I can't do that, Doc, I can't do that.
It wouldn't be safe.

You just take it easy.

How is he?

He'll he needs some rest.

How's he doing?

He's dozing.

If he can't travel, we're stuck here.
You know that, don't you?

Yeah, I know.

If we're stuck here, they're gonna find us.

Well, I'm open to suggestions.

I think one of us ought to keep going -

right to the nearest Telegraph's and wire to Lom.

You think you can handle this alone?

How do I know?

But you better hurry, 'cause I'll tell you one thing

if they find us, I'm not gonna give 'em Doc and Cybele.

You heard what Lom said there go our amnesty.

Where are you going?

To get help.

You in there,

this is Marshal Guthrie.

You're surrounded.

I've got a warrant here for the arrest of Amos

and Cybele Snively.

I don't want any bloodshed.

Turn them over to my custody and no one will get hurt.

If they're not guilty, they won't be held.

Yeah, I know they won't be held, Marshal.

You'll turn them over to Simpson
and that'll be the end of them right there.

I'm gonna tell you once more:

turn them over to me

and you'll all save yourselves a lot of grief.

You've got one minute to come out of there,

or we'll start shooting.

Why don't you tell them helps coming?

That'd scare them away.

That's the worst thing we could do.

It'd just make 'em move faster, that's all.

This is your last chance.

Come out

or we'll start blasting!

Cybele, get down there next to your pa.

Hold your fire!

Case you didn't know, but your friend Simpson's out there watching the whole show.

You going out or not?

I'm sorry, honey.
I'm so sorry.

I was wrong from beginning to end.

Forgive me.

Oh, daddy,

there's nothing to forgive.

You were doing what you thought was best for me, that's all.

It's all right, daddy.

Come here.

Where is Joshua?

He's not with 'em.

Don't worry about it, Cybele.

He's got a reason for not being with 'em.

What are you doing here Trevors?
You have no authority in Nebraska.

I'm here to give those people in there safe conduct back to Wyoming,

if they're still alive,

and if

they choose to take it.

Well, they're in no position to choose anything.

I have a legitimate warrant here

for their arrest on a federal charge.

I know all about that warrant.

But you practice law in Wyoming,

my county.

Now, do you really want to stake your whole career on that warrant?

And how if that man his little girl suddenly just disappeared?

Is it worth it to you?

For a man like Rosswell?

Or would you rather let them make their own choice?

You people in there,

come on out.

If you want to go with Simpson,

walk on over to him.

If you want to come with me,

walk toward me.

It's safe to

come out now.

Well,

what do you want to do, daddy?

We can go to Simpson and get the 5000 now.

He wouldn't dare do anything to us.

I guess, that's true, isn't it?

I won't be walking out with you.

For the same reason that Joshua isn't out there now.

Why...?

Don't ask, Cybele,

just go.

That all right with you, Simpson?

Are you still wanna argue about it?

Are you sure this is the road?

Maybe we missed 'em.

Maybe.

Maybe they're just not coming, honey.

Here they are!

Well, hello boys.

Howdy, Doc.
How'd it go?

Jury found them guilty, but the judge only gave 'em 20 years.

Well, that's that.

Hey Doc, how about right along with us?

We can celebrate tonight, try some more of that Cure-Al.

Well, we'd like to, boys,

but we got to know the widow Harvey and her son at the trial.

Fine-looking woman by the way.

And they kind of invited us over their homestead,

spent a few days and look the country over.

Boy's quite nice, too.

Just Cybele's age.

I think maybe you influenced me more than you think you did

the other night that campsite, Thaddeus.

How come you boys didn't come into town for the trial?

You're not gonna believe this, Cybele, but we didn't come because

he's Hannibal Heyes and I'm Kid Curry.

Oh...

oh, you just not gonna tell us, are you?

Well, doesn't matter.

But you just keep out of trouble boys

and stay well.

If you don't, remember...

my merchandise is absolutely guaranteed.

So long, Doc.
So long, Cybele.

Let's go, my beauty.

Heyes, what are you thinking?

I'm not thinking,
I'm pondering.

Why don't people believe us when we tell 'em we're Heyes and Curry,

and they still don't believe us when we tell 'em our names are Smith and Jones?

Well, as a matter of fact...

You know not even I, not even a genius as the answer to that question!

Well, if you'd let me...
There is no answer!

What are you yelling at me for!?

Now, you look like you're about to answer, and there is no answer.

Oh, but there is.

Oh, yeah?
What?

They don't believe us when we say we're Heyes and Curry

because you got a dishonest face.

Kid, do you realize that doesn't make any sense at all?

Now it would make more sense to say that they don't believe me

when I say I'm Hannibal Heyes, because I've got an honest face.

All right and why don't they believe and when you say your name is Smith?

Because you've got a dishonest face.

Heyes, you're not making any sense at all.

Well, I told you there wasn't any answer to the question.

What was the question?