Bonanza (1959–1973): Season 9, Episode 13 - Justice Deferred - full transcript

ANNOUNCER: The following program
is brought to you in living color on NBC.

[GENTLE, MELODIC MUSIC]

[MELODIC MUSIC CONTINUES]

[INDISTINCT CHATTER]

Thank you. You have
enough champagne there?

Well, we’ve toasted the
bride and the groom-to-be,

and we've caused
their blushing confusion.

[LAUGHTER]

I should say the blushes
of my daughter Eleanor

and the confusion
of Andy Buchanan.

And we've toasted their happiness
through the generations to come.



Uh, mine host, please.
May I propose a toast?

Be my guest.

Ladies and gentlemen,

I should like to propose a toast
to the father of the bride-to-be,

banker extraordinary, the man who
has provided this beautiful evening for us,

our gracious host,
Mr. Arnold Eads.

JOE: To a long life.

[GENTLE, MELODIC
MUSIC CONTINUES]

Andy. Psst.

- What's up?
- I had a little accident.

Come on out and take a look.

Oh, it's not a bad scratch, Hoss. I
don't think Mr. Eads will even notice.

Mr. Eads?

I thought this was an engagement
present for Eleanor, not her father.



[MAN WHISTLES TUNE]

[HOOFBEATS APPROACHING]

Yeah, well, the only thing
is, I... I wanted it to be perfect.

It's Frank Scott, isn't it?

Frank?

I'll take it over to the livery stable
and have it fixed in just a jiffy.

I can't take you
away from the party.

Andy, a fella only gets to
marry a banker's daughter once.

- I'll be right back.
- Thanks.

[SCREAMS]

Who’s there?

I'll get him.

[GROANS]

Here. Shh, shh, shh. Don't try
and talk. You're gonna be all right.

[GASPS]

- Help me.
- I'll stay.

That was Frank Scott, wasn't
it? You saw him, didn't you?

Get a doc. Quick.

Don't you worry, now.
Everything's gonna be all right.

You hear? It's
gonna be all right.

[INDISTINCT CHATTER]

Sure looks like this
town's in a hanging mood.

Sure does.

That lucky Andy Buchanan,
engaged to the banker's daughter,

doesn't have a
penny to his name.

Oh, Andy, I wish you
didn't have to testify.

- It's my duty.
- Of course it is, Eleanor.

[JUDGE BANGS GAVEL]

Now, Mr. Buchanan, you've
stated that you and Hoss Cartwright

heard cries in the night

and that you rushed up
to where Shirley Patrick,

this newcomer to Virginia City,
was being assaulted, murdered,

and you saw a man
leaning over her.

Do you see that man
in this courtroom?

Yes, sir, there's no
doubt in my mind.

That man, Frank
Scott, killed the girl.

[SPECTATORS MURMUR]

- That ain't true. He's a liar!
- Easy, easy, easy.

[MURMURING CONTINUES]

[JUDGE BANGS GAVEL]

JUDGE: Silence in the courtroom.

Mr. Cartwright, you ran to the scene
of the murder with Mr. Buchanan

and you also saw the man
that killed Shirley Patrick.

Now, will you tell us,
who was that man?

Well, I was standing sort of behind
Andy and I couldn't see too well,

but I... well, I think it was...

Mr. Cartwright, the jury is not
interested in what you think,

just in what you saw.

Now, was it or was
it not Frank Scott?

Well, like I say, I
couldn't see too well, but...

well, it... it looked
like Frank Scott, yes.

It wasn't me. You're lying!

You liar! You liar!

You're lying! You're lying!
You're lying! He's... He's lying!

I told you I didn't do it! I was
home with my wife! I was home!

He was home with me.

Then he couldn't have killed
Shirley Patrick, could he?

No, sir.

Frank is innocent.
He's not guilty.

Your witness, Mr. Monroe.

Mrs. Scott, isn't it true

that your husband was arrested
just last month for beating you?

At that time didn't you
state to Sheriff Coffee

that you were deathly afraid
of him, that he might kill you?

I object. This has no
relation to the case at hand.

Sustained.

Mrs. Scott, aren't
you lying out of fear?

Didn't your husband
tell you what to answer?

Well... we talked some,
but he didn't tell me.

No further questions.

[SPECTATORS MURMUR]

We find the defendant,
Frank Scott, guilty of murder.

And therefore it is the
judgment of this court

that you shall hang by
the neck until you are dead.

May God have mercy on your soul.

[SOBS]

I swear by the good
book, I didn't do it.

I... I done some mean things
in my life, but I didn't kill no girl.

[JUDGE BANGS GAVEL]

JUDGE: The jury is dismissed
and this court stands adjourned.

Come along, Frank.

You did a good job on the
stand, Andy. Very convincing.

I did my duty, sir, same as you.

I tell you, it's hard to see
a man sentenced to death,

even if he is a murderer.

First time I realized a man
could be killed with words.

[GROANS]

Hey, hey, hey.

Now that we own 40 more of
the finest acres on Lake Tahoe,

I think we ought to
celebrate, don't you?

Yeah, I think after all the
work I put in closing this deal,

I think I kind of do
deserve a celebration.

Thank you, Pa. A beer?

Yeah, beer.

- This one's on Little Joe, Pa.
- Mmm.

Well, thank you very much,
Joseph. Awfully good of you.

Oh, think nothing of it, Pa.

Now that we own Miller's Creek, maybe
we can build a flume to South patch.

- BEN: One thing at a time.
- [MAN WHISTLES TUNE]

BEN: We just
bought the property.

JOE: I know we just bought it. We're
gonna do something with it, right?

[WHISTLING CONTINUES]

Two cards.

[LAUGHS]

Whoo-ee!

20 dollars.

I don't care what
you been telling me.

The man that killed that
girl has already been hanged.

- We've heard all about the trial.
- Sure. I was a witness on that trial.

- And we made a mistake.
- The law says the case is closed.

And until you can
bring me hard proof,

not just say-so, we got
nothing to talk about.

- Now, Sheriff...
- And that's the end of it.

40 dollars.

[WHISTLES TUNE]

[MAN LAUGHS]

20 dollars.

Two cards for me.

Where’s the sheriff?

He said he wouldn't arrest anybody
without more evidence than we've got.

Thank you, gentlemen.
That does it for me.

Little lady, that's for you.

I'm gonna be by here in
the next couple of weeks

and you better be here.

Pa, I can't let him get
away. I'm gonna go get him.

Hold it.

What for, mister? The
money I just won in there?

You must be out of your mind
trying to rob a poor country boy

right here in front of
God and everybody.

I'm making a citizen's
arrest, for murder.

[LAUGHS]

You? Who are you?

Suppose you tell
me who I killed.

You killed a girl in
Virginia City last July,

a pretty girl, or she was until
she ended up with a broken neck.

You're out of your mind. You got
no right and you ain't gonna shoot.

I never been to Virginia City.

You been there once.

And you're going back.

Pa, I'm pretty sure of
it. I'm gonna take him in.

You better talk some
sense to this fella, mister.

He's biting off more than
the whole lot of you can chew.

He knows what he's doing.

We’ll bring the
horses around back.

You got yourself a
rattlesnake by the neck, mister,

and you ain't gonna be
able to let go, not even a little,

without you winding up dead.

Outside.

Hoss, you can take him inside.

Joe, take the horses
over to the livery stable.

I'm going to see the prosecutor.

Don't push me.

Sheriff, I'm sure
glad to see you.

Now, this fella here, he's robbing me
of my rights as a law-abiding citizen.

Hoss, if I wasn't seeing this with
my own eyes, I wouldn't believe it.

He's the spitting
image of Frank Scott.

I saw him in Carson
City in a saloon,

made a citizen's arrest,
for killing Shirley Patrick.

Pack of lies. I've never
been in this town before.

Now, what's the sentence
for false arrest, Sheriff?

Why don't you just sit down and
we'll iron out some of these things?

I never saw anything
like that in my life.

Who are you?

You tell him, big
fella. It's your party.

His name is Mel Barnes. I
found him over in Carson City.

He looks identical.

So I look like somebody.
What’s that mean?

Sheriff, I want out of here now

or I'm gonna make more
trouble than you ever saw.

Hoss, I'll admit that he
looks like Frank Scott's twin.

But you and Andy here
have already testified

that Frank Scott was the killer.

Roy, you can at least hold him

until Pa gets through talking
with the prosecutor, can't you?

Looks like I'm gonna have to.

Not so fast, Sheriff. You
ain't heard my side yet.

Now, you're gonna
have plenty of time to talk.

- Well, what’s the charge?
- Suspicion of murder.

That ought to be more than enough.
Come on, right through them doors there.

I was sure it was Frank Scott.

Now I see this Mel Barnes.

Hoss, how can you be so sure?

Andy, do you remember that strange
tune we heard whistling that night?

Yeah.

It was Mel Barnes.

I heard him whistling the same
tune over in a saloon in Carson City.

It'll be a big shock
to a lot of people.

Now, you feel dead sure that Barnes
is the killer and not Frank Scott, huh?

Yeah.

What happens now?

Well, it's all spelled
out in the law.

There'll be an indictment
and another trial.

Roy, we made a terrible mistake

and we're ready to take
whatever blame comes to us.

It's just not that simple, Hoss.

The judge, the jury, prosecutor,
most everybody in town

believed that the right man
was tried, sentenced and hanged,

and they're not going to like having
their noses rubbed in that mistake.

Now, you thought that what
you was doing was right.

But this is one time I sure am glad
that I'm not standing in your boots.

Well, it's been
quite a day, hasn't it?

Rumors, excitement, you
know, quite possibly a new trial.

If a mistake was made,
and I say if, mind you,

then as foreman of the
jury, I share the responsibility,

to a small degree,
but I share it, Andrew.

I made a mistake.

- Did you?
- Yeah.

Or are you just being influenced by
all the excitement and the rumors?

- No.
- The reason I ask...

You see, as foreman of the jury, I
heard and considered all the evidence.

Now, if I had thought a wrong
verdict had been reached,

I wouldn't have been able to
sleep a single night since that trial.

But I've slept like a
baby, Andrew, every night.

Barnes could be Frank Scott's
twin. I never saw anything like it.

The odds against him
being here in Virginia City

at the very moment of the murder
are so vast as to be incredible.

On the other hand,

we know Frank Scott to be
a thoroughly detestable man,

given to drunkenness
and wife beating,

and he was here every day.

I thought of that.

I'm not trying to
influence you, Andrew,

but I must say that
a banker's reputation

is his most precious possession,

and we are both bankers.

You see, people
expect us to be right,

to make the correct decisions,

not just part of the
time, all the time.

People lose faith in us,
they lose faith in the bank.

All I want is for you
to do what is right.

[BARNES WHISTLES TUNE]

[INDISTINCT CHATTER]

One last question,
Mr. Cartwright.

Are you sure beyond all doubt
that Mel Barnes killed Miss Patrick?

HOSS: Yes, sir.

Your witness, Mr. Belden.

Mr. Cartwright, would you mind

going through your fantastic tale
once more for our amusement?

Your Honor, I object.

I will rephrase the question.

Tell us your...
story, Mr. Cartwright.

Well, I was in Carson City.

In a saloon?

- Yes, sir.
- Drinking?

One beer.

I didn't ask your
capacity, Mr. Cartwright.

[LAUGHTER]

[JUDGE BANGS GAVEL]

JUDGE: Silence in the courtroom.

Like I said, I... I was in Carson
City, in a saloon, having a beer,

and I heard this whistling,

and it was the same
whistling that Andy and I heard

the night that Miss
Patrick got killed.

It was a strange, funny sort
of tune, one you'd never forget.

I see.

You heard this whistle

and immediately you knew that
my client was guilty of murder.

That is what you're
saying, isn't it?

Yes, sir.

It's too bad Frank
Scott isn't available

so that he could
whistle for us in rebuttal.

Now, Mr. Cartwright, you are
telling us that in a fair court of law,

12 citizens of Virginia City,

an able defense attorney,
an impartial judge,

you are telling us that all
these people made a mistake

and sentenced an
innocent man to death?

At that first trial you were certain
that Frank Scott was the murderer.

At least you did not deny it.

Now you are certain that
Mel Barnes is the murderer.

You say you made a
mistake once. Why not now?

Simply because my client
looks a little like Frank Scott?

Simply because Mel Barnes
likes pretty girls and whistles?

[SIGHS]

- But...
- That's all, Mr. Cartwright.

Sorry, Hoss, you'll
have to step down.

Defense calls Andrew Buchanan.

Mr. Buchanan, you've
already been sworn in.

I have only one question to ask.

Is the defendant, Mel Barnes, the
man you saw attack the Patrick girl?

No, sir, Mel
Barnes didn't do it.

[SPECTATORS MURMUR]

[JUDGE BANGS GAVEL]

JUDGE: Silence in the courtroom.

Like I said before,
it was Frank Scott.

Now, Mr. Buchanan, Hoss
Cartwright mentioned a whistle.

Do you know what he meant?

No, sir. Maybe he
was hearing things.

There was no whistle? Then
there's no doubt at all in your mind?

No, sir, no, none at all.
We convicted the right man.

The court finds the defendant,
Melvin Barnes, not guilty.

You're hereby released from
custody. This court stands adjourned.

- [BANGS GAVEL]
- Whoo-ee!

Thank you, Judge. You
done a good job, fella.

That friend of yours, he plumb tuckered
himself out on the stand, didn't he?

Didn't even say goodbye.

Now you're gonna see how that rattlesnake
I've been telling you about can bite.

I was on that first jury, and, I'll
tell you, we didn't make no mistake.

[BARNES LAUGHS]

Whoo-ee!

[LAUGHS]

Uh, compliments of a friend.

Hey, what do you know?
Some guy over there's buying.

- Hey, you're famous.
- Thank you kindly, friend.

You gonna stay
around a while, honey?

Well, as long as there are free
drinks to drink and pretty gals to hug,

I'll be around.

Now, you play your cards right and
I'll buy you some diamond earrings

to dangle off them
pretty little ears of yours.

Diamonds? From a cowpoke?

Oh, I'm gonna have lots
of money from Cartwright.

You see, my lawyer tells me
that my good name's been hurt

and my life's been
put in jeopardy.

That's worth a lot
of money, honey.

Well, what do we have here?

The future Mrs. Andrew Buchanan
III, about to shop for her trousseau.

It's over, Andy. It's all over.

- Don't even think about it anymore.
- Yeah, sure.

Darling, you've done
what you know is right.

The trial is over.

After Saturday we'll be a
married couple on our honeymoon.

That's right.

And we can both
forget the whole thing.

I know it's been a
terrible strain for you.

Daddy says how well
you handled yourself.

Well, that sure takes
a load off my mind.

Andy, I mean it, don't
think about any of it.

From now on,
just think about us.

Mmm.

If I'd have known this is what
goes on in banks after hours,

I'd have been here more often.

[BARNES WHISTLES TUNE]

[EXHALES]

About as hot as it was in court.

Heavy as you are, you must feel
the heat worse than the rest of us.

You're on the Ponderosa,
Barnes, and you ain't welcome here.

Is that neighborly?

Here I am coming in hot and dusty,
longing for a cool drink of water.

They got water in Carson City.

Would I leave while I still
got some unfinished business?

Like I said, you
ain't welcome here.

Well, I figure I'm welcome, as
long as you owe me. 5,000 dollars?

When I collect, I'll just skedaddle. I
figure that's a reasonable amount.

I hate greedy people, taking
more than they deserve.

Can't stomach 'em myself.

You ain't making
sense to me, Barnes.

Well, I just wanna leave Virginia
City feeling like I've been justly treated.

How do you think that judge is
gonna feel when I bring you into court

for putting me through all that misery?
Do you know what he's going to do?

Yeah, he's gonna throw you
out of court just like I'm gonna...

He's gonna say if that Barnes
fella had been found guilty,

his poor neck'd have been stretched
tighter than the bark on a tree.

Cartwright, that there judge is gonna
give me money like I never heard of.

Now, 5,000's cheap.

I said get out of here.

I don't think you quite
understand the lay of the land.

You see, it don't matter a hill of
beans whether I killed anyone.

I mean, even if I did it, they
can't put me on trial again.

I'm asking a lot less than most
people would say I deserve.

But 5,000 is all I need
to get to Colorado.

Always wanted to see Colorado.

They say the mountains are red
over there. Do you believe that?

And they got pretty girls
in Colorado, so they tell.

Soft, with pretty yellow hair,

nice little ears,

nice white throats.

5,000 shiny gold
ones. Saturday night.

[LAUGHS]

[BARNES WHISTLES TUNE]

But what am I gonna
do about it, Pa?

I can't just let him parade around
the streets like an innocent man.

He's a killer.

Will you stop jumping around from
one place to the other and just sit down?

Come on, now, sit.

The law has seen fit to convict
and hang an innocent man

and to acquit a guilty one.

It isn't justice, I agree,

but it was accomplished through the
due process of law and we must accept it.

Well, I don't care how
it was done, it ain't right.

It's an injustice, huh? Fine.

Well, I’ve seen plenty
of injustices in my time.

And most of them
have been corrected.

Oh, I know that's small
comfort after the deed.

But in the fullness of time, the
guilty usually pay for their crimes.

Well, Pa, I find that
pretty hard to buy.

All right, what am
I supposed to do?

Just give him some money, pat him
on the back and send him on his way?

Come on, now, you're
talking nonsense.

You're right.

Think on this, though.
He's a killer, Pa.

He's walking the streets free
and he's going to kill again.

Then what are we
gonna do about it?

[SIGHS]

Hoss, the laws aren't perfect,

and neither are the
people who execute them.

But we've gotta have
some guidelines to live by.

Most of the time they serve
us well. This time they didn't.

But we're still going
to abide by the law,

as all civilized
human beings should.

[LIVELY PIANO MUSIC]

[LIVELY PIANO MUSIC CONTINUES]

Jay. Hi, Tom.

Give me a beer.

Anybody seen Miss Mueller?

Oh. Don't know when the freeze
blew in, but she sure blew in, didn't she?

- Gladys.
- Hoss.

I hear you were looking for me.

Well, I hope I'm not bothering
you, but could I talk to you, please?

You sure could. The
change'd be welcome.

If you don't mind, upstairs.

Right.

Sit down.

Thank you.

I wanted to thank you
for trying to help Shirley.

Shirley Patrick?

She knew you?

Because I'm a saloon girl?

You think she was Miss Morning
Glory, all sweetness and light?

Well, maybe she was in a way.

She hadn't learned
to be as tough as me.

We worked in St. Louis together.

I wrote her to join me.

She arrived the
week she was killed.

That's why no one
here knew who she was.

I was at both trials, and at
first I thought it was Scott,

but now I know
you're right, Hoss.

Mel Barnes killed her.

Gladys, you know, you're probably
the only one in town that believes me.

Well, I know men, and I've
been around him for a while.

Mel Barnes, he
doesn't like women.

Deep down maybe
he even hates them.

He's strange. He's
crawly strange.

You wanna see him put away?

- Well, so do I.
- How?

I know how to handle him.

I'll get him up here, get him drunk
and then get him to try to hurt me.

Gladys, you can't do
that. He's dangerous.

But there'll be somebody close
by. Then he'll be caught in the act.

Then everyone will
know he killed Shirley.

You'd be taking a mighty big
chance. Gladys, he's a killer.

Not if you're the
one who's close by.

I'll be there.

Oh, Nellie, it's so sweet of you to stay
so late working on my wedding gown.

Well, we have to have everything
ready for Saturday, don't we?

It's the happiest
day of your life.

Let me see the cap, dear.

There's something the
matter with that. Let me fix it.

Oh, fine.

[SMOOCHING]

[BARNES CHUCKLES]

You're a sweet gal.

Hey, your glass is full, honey.

Right, right, right.
Can't have a full glass.

You got the prettiest little ears.
Anyone ever tell you that before?

One or two.

We got a whole half bottle left.

- Want a drink first?
- No.

Just one more drink first, hmm?

What’s wrong with you?

Nothing. I'm just a
little jumpy. I'm fine.

[CHUCKLES]

What’s gotten into
you all of a sudden?

Nothing. I'm fine.
Nothing's wrong.

Something's wrong.

It ain't right.

Here, have a drink, Mel.

Take it to bed with you.

- Bye.
- Oh, Mel. Come on, honey...

I'm tough, I really
am. I know men.

I'm sorry, but when
he touched my neck...

Here, have a lousy drink.

[SOBS]

Well, I’ll see you.

Thanks a lot, Gladys.

We waited dinner for you, Hoss.
Kind of late. You ready to go home?

I'm about ready to ride, Pa. I
need to see a fella first, though.

Wait a minute. Who
you going to see?

- Andy. I'll be right back.
- We’ll be right here waiting.

ELEANOR: It's just beautiful.

Thanks again, Nellie.

I don't know what we'd
have done without your help.

I've been looking
forward to this

ever since you had
pigtails and skinned knees.

I'd have been hurt if
you hadn't asked me.

Are you going to be all
right walking home alone?

Oh, I'm meeting Andy at the
bank. He's working late too.

- Thanks again.
- Pleasant dreams.

- Goodnight.
- Bye.

Eleanor?

- I'm busy, Hoss.
- Andy.

You're not too busy to
have a minute with me.

I... I got a lot of work
to do, Hoss. I got...

Andy, they're just
figures. They'll wait.

Look, will you stop? We
convicted the right man.

You know it, I know it.
Now, leave me alone.

[BARNES WHISTLES TUNE]

Yes?

You haven't been right since
you came back from Carson City.

I think you're losing your mind.
You're going out of your head.

So stay away from me.
Just stay away from me!

[BARNES WHISTLES TUNE]

Yes? Who is it?

[SCREAMS]

[SCREAMS]

[SCREAMS]

No!

[SCREAMS]

You're the best one yet. Go
ahead, fight. I like it that way.

Help!

No! No!

She's dead.

She's all I ever loved, Hoss.

And I killed her.

ANNOUNCER: This has
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of the NBC television network.