Alias Smith and Jones (1971–1973): Season 3, Episode 5 - Bushwack! - full transcript

The first of five episodes to deal with the real-life Wyoming Stockgrower's Association (which led to the Johnson County War of 1892 and inspired the film "Heaven's Gate," which changed many details of the story): two gunmen try to bushwhack Smith and Jones for being in league with "cattle rustlers" -- which in WSGA parlance, applied to anybody who owned fewer than 300 cattle. A small cattle rancher, who has tangled with the gunmen in the past, comes up behind them, surprises them and shoots them down in their tracks. He claims self-defense, but knows people will call it murder (which it is), so asks Smith and Jones to escort him, his wife, his partner and his cattle to Montana where he will be reasonably safe. WSGA "detectives" send out an armed party dedicated to killing the whole lot. When Heyes and the gunman are both critically wounded, Curry goes berserk and blasts away at them until they turn tail. Heyes survives (his comment about being shot in the head later became a tagline for "The Rockford Files"), but the killer dies -- and Curry figures out the truth. Now everyone has a moral dilemma.

Ordinarily, I wouldn't ask a question like this, but

we're in business together.

Like to tell me why being witnesses was such a scare to you?

Well, I think I got it figured out.

Either one of you Ben Thompson or Bill Lauren?

Hannibal Heyes, Wes Hardin?

Kid Curry, Clay Alison?

You keep guessing, Marty, and will keep smiling.

Marty, wouldn't have asked you that if
he didn't like you. Just a game he's playing.

He's right boys.

I were just playing.
I know who you are.



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.

I don't understand it I, thought.
You said you liked it here.

I like it fine, Kid.

We got us a rule, you know that.

Just so much time in one town,
and then we got to move on

Yeah, but this isn't just any place.
This is Rock Springs:

a nice, quiet. peaceable town.

I know that, Kid.

So, then why leave?

The sheriff ever seen us before?

Anybody accused us of cheating at poker?

Have we played any poker?

In fact, have we done anything,
but mind our own business?

Have you been unfriendly to anybody?

Anybody been unfriendly to us?

I know, I know, we got a rule!

You know what, Heyes?

You're too rigid.

You ready, Kid?

We're checking out.

Was anything wrong, Mr. Smith?

Wrong?

It's the sheets.

I told the maid the sheets
must be changed every Thursday.

The sheets are nice and clean.

It's your room.
Too small.

I'd be happy to get your larger one.

No, the room's fine, you see...

Too much sunlight?

I can get you one with northern exposure.

No, the sun doesn't bother us at all.

Too much noise, facing the street?

No, we like the hotel, we really do.

We wish we could stay longer,

but we have to leave.

Oh, I see, Mr. Smith.

You know, I can give you one
of our lower priced rooms.

We keep those for special customers.

You know, the ones who don't drink.

There's a very nice one: number 103.

One of our better lower-priced rooms, fair-sized

and it's half of what you're paying now.

You've got a feeling,
somebody's watching us?

Kid, I've had that feeling for 10 years.

What do you think?

I think he's watching us or standing there
rolling a cigarette or maybe both.

I knew, you'd come up with the right answer.

It's in there somewhere.

Move it, Phil.

It went the way we reckoned.

Which one you want?

Whichever one you say, Jake.

I better take Curry.

Don't shoot 'til we look at their backs.

Hey, Phil.
Jake.

Hello, down there!

You're safe now. I got the middle of trying to bushwhack you.

Hey, it's all clear.

Come on around.

There's no need to be nervous,

no harm left in those two anymore.

Case they ain't your ex-friends, that's

Phil Westerly,

and that one's Jake Horn.

They're Stockgrowers' detectives.

Anyway, they were.

Association fired 'em a few months ago.

What happened up here?

Well, I saw their horses and I came up to check.

They were getting ready to tear you boys off from the rear.

I told him to freeze, they...

rolled and started shooting.

My name's Marty Alcott.

I'm Joshua Smith
This is Thaddeus Jones.

I reckon we owe you a load of thanks.

I'll let you buy me a drink or three at Rock Springs

after we report this to the sheriff.

We'd better get started.

You got a problem?

Yeah, I'm afraid we do.

We don't know how to tell you this,

since we owe you so much, but

we can't go back with you.

Why not?

Well, the sheriff's gonna wonder why these
two men were trying to bushwhack us.

Tell you the truth, we haven't got a real good answer for him.

I think, I understand.

I should have figured it, but...

well, we got so many nice people
here in Wyoming named Smith and Jones,

I just didn't notice it.

Well, if you tell him we refused to go back with you,

he'll believe you and you'll be in the clear, don't you think?

Yeah, sure...

These two weren't too popular around here anyway.

I don't think anybody give me trouble.

Say, looked like you fellas headed toward Sweetwater.

Yup.

Well, if you wait for me to get my horse, I'll ride with you.

I gotta get a wagon to haul these two in.

Fair enough.

That includes a supper invitation at my place.

My wife's the best cook in the county.

Sounds good.

Alright, I see down the road.

Hi, Alonzo.
Oh, hi.

I put that harness of yours back in the barn.

Tell your dad, I'll be over to see him next week.

Okay. Say Ellie thanks for the apple cider.

Aright.

Ellis this is

Joshua Smith

and Thaddeus Jones.

Pleased to meet you.

Nice to meet you, ma'am.

They gotta have supper with us.

I told 'em you were the best darn cook in the county.

Well, I hate to make a liar out of you.

You better not.

Boys.

Take their guns, Ellie.

Come on, Ellie, take their guns put them on the shelf over there.

You do this for all your supper guests?

Sorry.

I got a lot more to say to you fellas

which I couldn't exactly do standing there with two dead bodies under my feet.

What bodies?

I killed Jake Horn and Phil Westerly.

Oh, no.

They're gonna shoot these two from ambush.

That's true, ma'am.

They started firing when I told him to freeze.

You see, boys, Horn and Westerly weren't what you'd call close friends of mine

so now we all got a problem.

You can't afford to go to Rock Springs and answer questions,

and I can't afford to take those bodies in, without you to back my story.

Well, your wife could back you up.

She heard us agree that's the way it went.

The sheriff might think, me and my wife are lying.

It's too well known, I didn't care for those two ducks one bit.

Now, I was at Circle R ranch today.

A lot of people know I had to ride by that hill to get home.

I'm in trouble because I saved your skins.
Now you're gonna save mine!

You're gonna ride into town with me and tell the sheriff exactly how it happened.

All right.

But does it have to be both of us?
How about just one?

Why not, as long as I got a witness.

Could you give us a couple of minutes, to see who it's gonna be?

Alone.

Yeah, you can use that room.

Don't look for windows, there ain't any.

Which one of us goes, Kid?

Tough decision, huh?

Naw, it's an easy decision:
you go, naturally.

Why me, naturally?

Well, because you're the talker, Heyes,
you're the man with the silver tongue.

Which won't make one darn difference in a spot like this one.

All right,

look at the other side of the problem.

If one of us needs help, who's a logical one
to be on the outside to give it:

me, naturally.

Where'd you ever get the idea that I was to talker, Kid?

You're doing just fine.

Knew, you'd agree with me.

The only thing I agree with, is one of us has got to go.

Now, let's figure out which one it's gonna be.

You really feel we ought to do this thing, huh?

I thought that was decided.

Heyes, it's getting so: I don't know what's right anymore.

You know, this going straight has really done us in?

In this case, it doesn't matter.
They got our guns, remember?

Okay, how do we pick the victim?

The only one fair way.

Wait a minute, let's really make it fair, all right?

Call it.

Heads.

Marty, read this!

I don't believe it is what I think it says.

Smith and Jones, my partner, Chris Truitt.

Go on, read what that band of big-time thieves it's done now.

Howdy.

What is it saying, Marty?

Cheyenne.

The Livestock Commission has just announced

the issuance of an order empowering inspectors

at market points to seize all cattle shipped by men known to be rustlers.

All money from the sale of such cattle will be impounded,

until the shipper can prove rightful ownership.

Well, that doesn't apply to us.
You and Chris aren't rustlers!

Ellie, where have you been for the past five years?

To the Wyoming Stockgrower's Association

any man with less than 300 head of cattle is a rustler!

But it's illegal!
They can't issue an order like that!

They have!

Now, three years from now some court 'll assign they can't do that,

but it don't help us now.

How do you prove you own a steer after it's been shipped to Omaha?

If it'll make you feel any better,

I'm going back into Rock Springs with you.

No, you ain't.

I'm gonna offer your proposition.

If you take it, you can forget you ever witnessed anything.

What are you talking about?

Horn and Westerly were set to bushwhack these two.

They started shooting, I killed them both.

Well, if you did that and you got witnesses, you better hold on to 'em.

There's a roundup headed this way.

In 2 or 3 days, they'll be gathering the cattle from this district.

Now, if you're willing to help Chris me,

you're not only off the hook, I'll pay each $200.

Willing to help you do what?

First, we join the roundup, like we're expected to do. You can help with that.

And what's second?

You don't have to worry, boys.

We'll only take what belongs to us.

Me and Chris got nearly 200 head of cattle on that range.

We'll cut them out, drive 'em to Montana for shipment.

When we get there,

earned you $200 each for a week's work.

Well, there's only one thing wrong with that deal.

In Wyoming round-ups are governed by the rules of the Stockgrower's Association.

Now, does those rules allow you to cut out any cattle?

their rules don't allow us to live.

I don't figure, I'm bound by rules, I didn't have any say in making.

Now, I'm giving you a chance to pay me back for what I done for you.

How about it?

It's a little like asking a man his preference in ways of getting killed.

No, it ain't.

Ranch hands don't bug the big ranchers these days.

That's right. The big outfits took away the grub lines, they cut the wages back to $35,

and they started laying the boys off during the winter months

All we got to worry about is a foreman and maybe a couple of stock inspectors.

Stock inspectors are hired guns, aren't they?

Would you prefer coming into Rock Springs with me?

No, I'll try Montana.

But the decisions up to Thaddeus here.

He doesn't have to go anywhere.

If I didn't think I could get my cattle to Montana, I wouldn't try it.

You'll make it, and you'll end up with $200.

All right, you got yourself a deal.

Ellie, put supper on.

Your guns are on the table, boys.

You're late.

We ain't eating today, Pete.
We ain't got time.

You ain't got time to eat?

Nope, we got work to do.

We're gonna cut our cattle out.

Why would you do a fool thing like that?

As we can read.

We read the latest news from Cheyenne.

What's he talking about, Pete?

I don't know.
I can't read.

The latest order from the Commission, Mike.

About seizing the cattle of all known rustlers.

Now I never stole a cow my life and neither's Chris.

That ain't the point, is it?

We're here, and those dudes at the Cheyenne Club want us out.

Now, you don't like the Association, that's your business.

This round-up is my business.

The rules don't allow nobody
to drive any cattle out of the herd!

They just happen to be my cattle.

Nobody's gonna tell me I gotta sell them this year or any year.

So, you got yourself a couple of hired guns, huh?

No, sir,

just like Marty said, we're just hired on to help him out with the cattle.

They are his, aren't they, Mr. McCloskey?

I mean, I haven't heard you deny that.

Rules don't allow a man to cut out cattle.
Any cattle.

And it's my job, to see that nobody breaks those rules.

And it's these fellas? job to back me any way that's required.

You, uh...

get my meaning?

Yes, sir, it's mighty clear.

But you don't wanna start shooting at a man

just because he don't wanna sell his own property, would you?

Now listen, I'm foreman in this round-up

and I got a right to shoot anybody tries to keep me from doing my job.

Well, that's all we want, Mr. McCloskey, to do our job.

You'll try taking any cattle out of that herd, it'll be your last job.

Now you fellas are through here, all four of you!

Just get on out!
Can't do it, Mike.

Nobody talked to me when they made those rules.

I only plan to take the cattle with my brand on 'em.

So, better we settle this right now.

But what do you mean settle it?

We don't want your stock inspectors here shooting us in the back

when we go to get our steers.

So, let's settle it.

If you plan to use those guns, use them now.

If not,

we got work to do.

Boys,

put 'em under arrest.

Interfere with a legal round-up.

All right, we're gonna turn around and go back to work.

But first I want you to toss your gun belts up here to my friend.

Now you.

You know something?

You boys and me are just about even already.

You can hang on to yours, Mr. McCloskey.

I don't think you'll shoot us in the back.

Pete,

go to Rock Springs as fast as you can.

Tell Teshmacker what's happened and bring back some help.

Well, Marty, you think we can get your stock cut out before he gets back?

If we get moving, we can.

Hey, Chris, what's that over there?

I got it.

Git up there.
Move it.

Get out.
Come on.

Oh, did you miss me?

No, I was too busy trying to find this place.

Well, I missed you.

Was there any trouble?

No,

McCloskey sent a flunky to report what happened

but we got a good long head start on 'em.

'tis the gift to be simple,
'tis the gift to be free,

'tis the gift to come down

Christ you sure are quiet today.

Maybe it's because I don't like Ellie being here.

Ain't safe.

You're getting to be a bigger worrier than she is.

Well now, Marty, I figure he's got a right to be worried.

How long you think it's gonna be

before the Association sends some of its inspectors after us.

Well, maybe never.

They only got a couple of dozens of those hired guns

and they're scattered all over the territory.

Yeah, but Marty,

doesn't the Association have the right to deputize anybody they can find?

For a pair of strangers you sure know a lot about Wyoming.

Who they're gonna get?

Last couple of years they had a hard time finding people to do their dirty work...

Marty, they'll get somebody, and you know it.

I appreciate how you feel, Chris.

But it's a family decision and it's final.

Ellie's a lot safer here than she would be alone at the ranch.

men are defenseless.

What are you doing here?

McCloskey sent me.

Marty Alcott and Chris Truitt cut their steers out of the round-up.

And nobody stopped them?

Well, he had a couple of hired guns with him.

Four men just came in and took over the round-up.

Mr. Teshmacker, I don't have to tell you how the cowhands feel.

They'll work for you

but they ain't gonna go up fighting against people like Alcott and Truitt for you.

Looks like those boys heard about the new order, Tesh.

McCloskey thinks their headed for Montana.

Well, we'll see that they don't get there.

I was hoping you'd say that.

So, was I.

I got some reasons of my own for wanting a few words with Marty Alcott.

Chris,

don't blame Marty.
I told him I wouldn't stay behind.

I'd have made you stay,
and Marty should have.

Alright, he spoils me.
Is that so bad?

In this case, yeah, it is.

Ordinarily, I wouldn't ask a question like this, but

we're in business together.

Like to tell me why being witnesses was such a scare to you?

Well, I think I got it figured out.

Either one of you Ben Thompson or Bill Lauren?

Hannibal Heyes, Wes Hardin?

Kid Curry, Clay Alison?

You keep guessing, Marty, and will keep smiling.

Marty, wouldn't have asked you that if
he didn't like you. Just a game he's playing.

He's right boys.
I were just playing.

I know who you are.

Was that part of the game, Chris?
Sure,

He doesn't know who you are and he doesn't care.

Morning, gentlemen.

I guess, Pete's told you what has to be done.

Yes, sir, I did.

Are there any questions?

No, sir.

All right.

You'll report to McCloskey, he'll be in charge.

What do you think?

I think they're the best men money can buy.

And don't ask me if I think that's good enough.

Well now, there's a lovely sight.

Sure, a vision of pure beauty.

Take me a week just to get the dust out of my hair.

I guess, you don't like being a cowboy any better than I do, do you?

She likes it, alright, but

ain't worrying, she's complaining.

No wonder my family disowned me when I married you.

Her father's a major in the Army, you know.
Starch, brass buttons, all that stuff?

Graduated third in his class from West Point.

And her mother likes to give teas.

Now, what's the matter with that?

Well, my money's gonna go into breeding stock not silver teapot.

Well, I think I prefer talking to Chris.
Least he's civilized.

Well, you just like him 'cause he feels sorry for you.

Thank you, ma'am.

It's about time you got here!
What took you so long?

We made the best time we could, Mr. McCloskey.

Is that all you could get?

These seven against four.

Let's go.

It's Lonzo Taylor.

Hey, Alonzo.
What's the matter?

Well, you're in trouble, real bad trouble.

The sheriff thinks you killed Jake Horn and Phil Westerly.

It's all over town.
Everybody's talking about it.

Max Barr said he heard some shots on the way up to his ranch and

he said he saw your horse tied in the draw.

That's true, Alonzo.

I had to shoot 'em, stop 'em from bushwhacking and my friends here.

Why didn't you tell the sheriff?

He thinks you killed him because of the run-ins you had with 'em

when they're working for the stock growers.

Is the sheriff after us?

I don't know.
I left right when I heard.

You're a good friend, Alonzo.

I promise, I'll make it up to you.

You're hungry, Lonzo?
You want to have some lunch?

I think, Alonzo better go on back before all he'll bust loose.

Go on home, Lonzo.
Thanks.

Time to go on watch.

What's the matter?

Look,

I don't exactly know how to tell you this after the deal we made,

but I think you can see the situation's changed.

Can't you?

For us or for you?

For me and you.

When we left, there was nothing to connect me with Horn and Westerly.

Now...
...now you want to change the deal?

I'm gonna have to.

When this is all over, one of you has to come back with me.

That's not what we agreed to.

The situation's changed.

I'm being linked with two killings.
I could end up on a rope!

Ellie's gonna have a baby in 6 or 7 months.

She's the reason, I'm asking you to help me.

And I can't run out and leave her alone, and

I can't risk getting charged with murder.

One of you has to come back with me.

You owe me that.

I could have stood by and let 'em gun you down in cold blood.

You mind if we talk in private?

Just don't stray too far.

Marty,

if we ever decided to leave,

I'll leave.

You know, I guess we'll have to stick to our original plan.

When you get into town, I'll stay close in case you need any help.

In case I need help?

Maybe you'll need help and I'll be right there to give it to you, Kid.

Wait a minute, Heyes, that was decided a long time ago,

by the legal flip of a coin

You've heard what Marty, said it's a whole new situation.

The only difference I can see is, we're about 90 miles from where we started.

Okay, I'm in a generous mood so we'll flip to see whether or not we have to flip again.

Little boy sucker...

you've been telling me that all my life and you've been right.

Call it.

Heads.

Heads.

All right, let's flip for real.

Heads again.

What is it Heyes?

You knew if you let it fall it was gonna be tails.

Why didn't?

I've got to admit I'm a little relieved.

I'd sure hate to be in jail and have to depend on you to get me out.

At least this way we got a chance.

C'mon, if we push, midday we make Montana.

Leave me alone.

Heyes...?

What are you doing?

When I move,

you start firing.

Fast.

Now!

He's right down there!
Get him!

Hey, McCloskey,

I got two wounded man here.

Alright,

get 'em out of here.

That was really something.

Could have scared me out.

You ought to see him when he really gets maddened.

Last time I saw you, you were playing dead.

Last time you saw me, I was out cold and busted straight.

Here, let me see that.

Hold still.

It's nothing more than a scratch.

You got to be a little more careful.

Half inch to the right and it gone right through your head.

Look on the bright side, Kid,

a half inch to the left it would have missed me completely.

You know, Thaddeus, you shouldn't go around shooting like that.

Marty's have to think you're on that list of his.

With 'em outlaws like Wes Hardin

or even Hannibal Heyes.

Look,

the day I can't outshoot anyone and everybody on that list,

especially Hannibal Heyes, I'll go east to become a preacher.

Someone help me!

How bad is it?

Lift him up.

Forget it, Pappy.

Bullet's still in, we gotta get it out.

I guess you don?t have to worry about coming back with me.

Have you any alcohol in your supplies?

No.

We have to build a fire.

Give me your hand.

Don't ever leave me, Ellie.
Don't go away.

I'm not gonna leave you, Marty.

Take care of the fire, all right. I'm going for a knife.

Chris, the bullet's in too deep, we're never gonna be able to get it out.

So, cold...

Well, they're building a fire,

and they'll bring some blankets.

We did a lot better than we figured.

$22 a head.

That's $200 apiece.

I don't thought you fellas were worth it, when we started but

now there's no way in the world I can thank you enough.

And we thank you, Chris.

If we're ever in Wyoming, we'll stop by for some of Ellie's cooking.

You're going back now.

I live in Wyoming.

And in 7 months my baby will be born there and raised there with the name of Alcott.

No one's ever gonna say, my child's father killed 2 men in cold blood.

I know how you feel,

but I can't.

Ellie,

there's the 20 years sentence hanging over my head in Wyoming.

When Marty was alive, I was willing to risk it, because I felt I owed it to him.

But not anymore.

Marty saved your life,
you can't just walk out on that.

Um...

Chris, I think we gonna have a little talk - just the 3 of us.

I was hoping, I wouldn't have to say this,

and I still don't want Ellie to know.

My friend Joshua was about to say he'd go back with her and I don't think he should,

because Marty didn't kill 2 men to save our lives.

He's just plain guilty.

What the devil you're talking about?
Just 'cause Marty ain't here to speak for...

Chris, just listen to me, okay?

Right from the start I felt there was something wrong with Marty story,

but I couldn't figure it out.

But something kept going on in the back of my brain, I just couldn't get it straight.

'till yesterday - when I used Marty's gun.

Then I knew what it was.

Joshua, when you saw those bushwhackers? guns what were they?

Colt .45s

Marty, carried a .38

I used it yesterday, Chris, I heard it.

Now I know what was bothering me.

I don't know what you're talking about, do you?

Yes, I do.

We heard 2 shots, the day Marty killed those fellas.

And then 2 more.

Now the first two shots came fast, one, two just like that.

And then there was a pause.

Well, that's something I couldn't figure out afterwards - there was a pause.

And then two more shots not so fast.

Those first two shots came from Marty's gun.

I'm not just guessing at that, Chris.

That's the way it was.

Don't tell her.

I won't but I have to talk to her.

Yeah.

You won't have to come back with us.

That's likely to take a little time.

I'd consider it a privilege and an honor if you'd allow me to buy you a drink.

Hey! Hey, you boys wasn't leaving without saying good-bye, was you?

N...no, we figured on stopping at the hotel on our way out.

Well, everything's gonna be all right with Ellie, but

might be better if you didn't stop to see her.

You didn't tell her?

No, not a hint. I hope it's gonna be a long secret between the 3 of us.

It will be.

How'd you do it, Chris?
What'd you say to her?

Well, I told her we could tell the story exactly the way Marty told it.

After all there's a lot of people seeing you with Marty and me.

And I also convinced her,

there wasn't going to be any problem about the baby's name.

How'd you do that?

I told her the baby's name wasn't going to be Alcott,

it's gonna be Truitt.

And what did she say to that?

Nothing.

She just looked at me like I was crazy.

But I figured time will take care of all that.

I hope, you're right.

So do I, Chris.

Good luck.

Thanks, you too.

Bye, Chris.
Bye.

You know, Kid I think things are getting a little lopsided,

you saved my skin twice in the last 48 hours.

I once maybe, but not twice.

Chris Truitt deserves credit for that second time.

How'd you figure that?

Easy.

Chris told Ellie, she was gotta marry him.

She will.

Oh, and how did you figure that?

Look, Heyes, if she wouldn't plan on marry him,

believe me, you wouldn't be riding out of this town.

You know, Kid, I think you're right.

And I like that. Now I only owe you one to even things up.

Yup, that's right.

Meaning no offense, Heyes.

I'd like to try to avoid any and all opportunities

for you to make things even, if that's all right with you.

Heyes,

you get the feeling somebody's watching us?

As I told you before, Kid, I've had that feeling for 10 years.

Why?
Do you think someone's watching us?

No, no...

that's what's worrying me.

Come again.

Things are too quiet.

We've been riding for 5 hours now and I haven't felt anyone's been watching us.

I'm worried.

Would you be happier, if you knew we were being watched?

Heyes, I'm trying to be serious.

I know, Kid,

that's what's got me worried.

Got you worried?
Right!

When you get worried, because there's nothing to be worried about,

that's when I get worried.

You know, I hope you realize what you just said

because what just said doesn't make any sense.

What I said doesn't make any sense?

That's right.

Now you're really beginning to worry me.