Gunsmoke (1955–1975): Season 10, Episode 3 - Old Man - full transcript

Having already rescued an old man once, Danny may have to try to save him again when his friend is framed for murder.

(theme music playing)

(both guns fire)

ANNOUNCER: starring
James Arness as Matt Dillon.



(horse neighs)

- Howdy.
- Howdy.

The name's Silva.

Silva. I'm Harv Litton, uh...

Mind if I water my horse?

Looks like there's
enough for everybody.

Come on, boy.

Sure ain't much of
a horse you're riding.

Oh, he'll get me there.

And where's there?

Dodge City.

Then maybe I'll go
on down into Texas.

Oh, you're gonna hate it there.


No. Texas.

Why's that?

Well, they got a lot of
tough men down there.

Too much for a fella like you.

Well, I'll ride on into
Dodge with you, anyway.

Hold it, Silva.

Not so fast.

What's this about?

Now you just move right on
back, away from that horse.

Now, go on.

You just move back.

Don't you try anything.

Now, you know I'm
giving you a break.

It'd be easy for me,
but I ain't gonna kill you.

You're gonna steal my horse.

(laughs) Well,
it's like you said...

Mine ain't worth very much.




- (grunts)
- (rattling continues)


(breathing heavily): Silva...

I was only joking.

I wouldn't steal a man's horse.

No, of course not.

Not a fine fella like you.

Silva, you... you got
to take it as a joke.

Oh, I'm gonna start laughing.

After I stretch
you out a little.



(Litton groaning)


You about finished?

I think so.

I'll be riding on, Litton.

One of these days, Silva,

somewhere, I'll kill you.

You're a little mad
right now, Litton.

When you're calmed down some,

you're gonna realize you
ain't man enough to kill me.


- Howdy.
- Howdy.

This your horse, mister?

Not mine.

I seen him back there
and I run him down.

Well, looks like you
got yourself a horse.

Oh, no.

I'll backtrack and find
out where he come from.

Well, I'll say one thing.

You're a lot more honest
than the last man I run into.

Good luck, fella.

So long.


Here you go, mister.

Ea-Easy now, mister.
Easy, easy, easy.

Little bit at a time, mister.

Yeah, that's right. That's
enough, that's enough.

In pretty bad shape,
ain't you, old fella?

Don't worry, though.

I'll stick with you,
see you through it.

My ma taught me a thing or
two about fever when I was a kid.


Easy there, that's it.

There you go, that's
good, that's good.

That's good... that's good.

Yeah, yeah, yeah.

Ready for some coffee now?

I was wondering when
you'd get around to that.


The last day and a
half, you've done nothing

but complain about
the service around here.

Well, you are a little
slow sometimes, Danny.

Sure, sure.

You're, uh, feeling pretty
good, ain't you, old man?

You got something in mind?

Think you're up to riding on
in to Dodge in the morning?

I might be, but why should I?

I'd like the doctor to get
a look at you, that's why.

You'd like the
doctor to look at me?

That's what I said.

Now, Danny,
you're-you're a good boy.

You brought my horse back,
you pulled me through the fever,

and you done right fine by me.

But you can ride on out
tomorrow. I'm all right now

and I can take care of myself.

I'm gonna see you
through all the way, old man.

Danny, you saved my life.

I'd have been a dead man,
sure, if it hadn't been for you.

Now that's enough.


It's because I
did save your life

that I feel responsible
for you now.

I'm the only one
responsible for me.

Before, maybe.

Not now.

Uh, no use arguing
about it, old man.

I swear, Danny, you're
as stubborn a man

as I ever did run into.

(grunts) We'll
leave in the morning.


But the reason I'm going in is
to do me some whiskey drinking,

not to see no doctor.

(soft laugh)



Come in.

You the doctor?

Yes, come in.

I'm Danny Adams.

Well. We got the same
last name. How are you?

- Yeah?
- Yeah.

Oh, well, this
here's the old man.

- Oh, your father, huh?
- No, he... (chuckles)

He won't tell me his real
name, so I just call him old man.

Well, what am I
supposed to call you?

The same. I been called that
for so long, I forget my real name.

For a very good
reason, I suppose.

I could be running
away from a sour wife.

Yes, or maybe a sour
sheriff or two, huh?

I'm too old to let
the law bother me.

Well, I got nothing to
do with the law, anyway.

Now, which one of you need me?

Him. Found him on the prairie

a couple of days
ago all fevered up.

I was dying. I'd have never
have made without Danny,

but there's nothing
wrong with me now.

I'm fine.

Yeah, and you can
tell me all about it

while I'm examining
you. Come on.

Can't you see I'm okay, Doc?

What do you need
to examine me for?

I'll tell you what I'm examining
you for after I examine you.

Get going.

Ain't that waiter ever
gonna bring our food?

From the looks of this place,
we'll be sorry when he does.

Yeah. Now, what do you say
we, uh, get a couple of rooms

at the Dodge House after we eat?

Rooms? What for?

Well, doctor says he wants
to see you again tomorrow.

Well, I'm all right. Didn't
he say I'm all right?

Yeah, but I want to make sure

you're in good
shape for the trip.

You're thinking about
going to Colorado.

Well, you said you
want to go along.

Well, yes, I know,
but... But what?

Well, I been to Colorado,
Danny, lots of times.

It ain't very important to me.

Now look, old man.

If I didn't want you to come...

I wouldn't have asked you.

But why me?

Somebody's got
to look after you.

Off by yourself, you
don't seem to do too good.

Why, you green, young whelp.

I been through more bad times
in my life than you'll ever know

if you live to be... 200.

That's better.

We'll leave day after tomorrow.

Now, who gets the soup?

I do.

Whoa, w-where's my steak?

But you just said
you get the soup.

To start with. Now you
go fetch me a steak like his.

Only bigger.

I'll fetch you the whole
beef if you want it.


(old man grunts, keeps slurping)

- Howdy.
- Howdy.



(loud slurp)


(clears throat)




- (slurps)
- Old man.

You got to eat like that,
why don't you go out back

with the hogs?

Oh, I beg your pardon, sir.

I didn't know it
was bothering you,

and I want to apologize, sir,

up and down and
every which way there is.

I beg your forgiveness, please.

All right. All right.

Thank you. Bless you.

(loud slurp)

(loud slurp)


- What'll you have?
- Wait a minute, I'll sit over there.

- (speaks indistinctly)
- I'll sit over there.

All right.



I want to tell you something.

If you was 20 years younger,
I'd give you a real beating.

But they ain't
gonna jail Joe Silva

for jumping no poopy old man.

Why, you just go right
ahead, you blowhard.

I ain't scared of
no bum like you.

You are a rotten old man.

You even smell like a hog.

I'll kill you for
that. I'll kill you.

- Give me that. Take it easy, old man.
- Give me that knife.

Take it easy. You hear?

Now, leave him alone, will you?

I'll kill him with
my bare hands!

Take it easy, old man.
Now sit down, you hear?

Come on now. Here, calm down.


(slurps, clears throat)




(bell dinging)

Don't you ever hear anything?

When am I gonna get some
clean sheets up there in my room?

We change the sheets
once a week, Mr. Litton.

Once a week.

Yes, once a week.

Well, I don't think anyone's
ever stayed in this place

for a whole week.

I'm sorry, sir.

Yeah, I'll bet.

Say, you really did run
into a windmill, didn't you?

Well... well, I'm still young.

At least I'll get over it.

Why, you could live to be
100 and you'll still be ugly!

Never mind, old man.

- We want a couple of rooms.
- Oh, certainly, gentlemen.

Sign right here.

(crickets chirping)

(indistinct chatter)

Well, where you been hiding?

I haven't been hiding, Silva.

I've been around.

You come looking for me?

I come looking for a nice, soft
bed over at the Dodge House,

just like you.

Make you a little sick, did
it, that beating I gave you?

Eh, I'm gonna kill you
for that beating, Silva.

I... Give me a bottle, barkeep.

Anytime, horse thief.

I'll pick my own time.

Bullet in the back, is that it?

I'm gonna let you
worry about that, Silva.

I'll be seeing you.

- Somewhere.
- Litton.

You're a rotten coward.


- Good evening.
- Evening, ma'am.

- You're Kitty Russell, ain't you?
- That's right.

Now, where in the world?

I'm not only twice as
old as you, Danny...

I'm twice as smart.

(chuckles) Doc was in earlier
and told me about you two.

Yeah, he's a good doctor,

if anybody needs one.

This here's all the
doctoring I need.


DANNY: Good manners ain't
one of the old man's strong points,

Miss Kitty.

- Here's to you.
- Thank you.

If there's one thing any lady
worth her salt can see through,

it's a fancy Dan.

He not only is a good
dancer, Miss Kitty...

He takes a bath
ever' single day.

Now, you seen his kind before.

There ain't one good gut
in ten fancy men like him

and you know it.

Now, don't you think you're
being a little tough on him?

Well, you got to
be tough on 'em.

They grow up to be
nothing if you ain't.

You want to put this
in the safe, Miss Kitty?

It's kind of piling up out here.

That's good news. Excuse me.


(sighs, laughs)

Old man.

You sound like a hog when
you drink whiskey, too, don't you?

You ever been
bit by a hog, Silva?

Don't you ever take a bath?

Take it easy, old man.


now I suppose you're gonna
give me a terrible thrashing,

ain't you?


Don't touch him again.

Give me your gun,
Danny. Give me your gun.

Hold it! There will be no
shooting in here unless I do it.

I ain't gonna shoot nobody.

DANNY: Calm down, old man.

OLD MAN: I'll get
you for this, Silva.

I swear I'll get you!

Sure you will.

Come on, old man. Let's go
do our drinking someplace else.


That was terrible.

Get me another drink.

There must be one good
drink left in that bottle.


Old man, what
do you say we go...

back to the Dodge House?

- It's too early.
- Oh.

Have a little one.

- For the road.
- One for the road.


(keys jangle)



I told you, Silva.

- You...
- (grunts)



- (snoring)
- Old man.

Old man.




That's him, Marshal.

That's Joe Silva.

And that's the old man.

He obviously murdered him.

It's hard to believe,
Marshal... An old man like that

stabbing a man, then having...

having the gall to
sit right down there

and drink himself into a stupor.

That's how I found him,
Marshal, just like that.

His hat was still on his head.

(Dillon sighs)

- And who's this?
- That's the old man.

That's the only name
he goes by, Marshal.

Hey, wait a minute, does he
have a partner, a younger fella?

Yes. Danny Adams.
He's in number three.

- Get him for me, will you?
- Yes, sir, Marshal.

- All right, you wake up.
- (mumbling)

- Come on, wake up.
- (yells)

- Get up here.
- Hey, quit that!

(angry stammering)

You want your nose busted?

Well, glory be...
Are you a marshal?

That's right.

What's th...?

Hey, that fella's Joe Silva.

You ought to know...
You killed him, didn't you?

Killed him? Me?!

That's what it
looks like, mister.


No, I didn't kill him.

CLERK: Marshal... this
is him, Danny Adams.

What are you doing here?
How'd you get in here?

I don't know. I was sleeping.

The marshal woke me up.

Oh, uh, he was drunk
last night, Marshal.

I dumped him on
his bed past midnight.

He was out cold.

Oh, he wasn't out so cold

that he didn't slip in here
and stab Mr. Silva to death.

He wouldn't do that.
Now, I know the old man.

He talks a lot, but...

What do you mean by that?


Well, you may as
well tell him, Danny.

Silva and me, we
was on the outs,

and I told him last
night in the Long Branch

- I was gonna get him.
- You do talk too much, old man.

Huh? What does that mean? Huh?

You think I knifed
him, too, Danny?

- Now, I didn't say that.
- Yeah, I got nothing to hide.

You can ask me
anything you like, Marshal.

Did you kill him?

No, I didn't kill him!

Well, I'm afraid I'm gonna
have to take you in anyway.

Well, you can't
do that, Marshal.

Just 'cause he admits
that he and Silva

had an argument, well...
well, that don't prove nothing.

That's up to a court to decide.

Yeah, Danny, the
marshal is right.

Let the courts decide.

As long as I'm innocent, I
got nothing to be afraid of.

Let's go, Marshal.



- Ah, hello, Danny.
- Marshal.

- Is he all right?
- Yeah, he seems to have a lot of spirit.

He's game, all right. I
hear the circuit court judge

- is coming into town today.
- Judge Brooking, yeah.

And the old man's
trial'll be tomorrow?


How much chance
has he got, Marshal?

Well, the more
evidence I turn up,

the worse it looks
for him, Danny.

Tell me the truth, Marshal...
Do you think he done it?

Well, I thought so when I
first brought him in here.

Getting to know him, it's...

harder to believe that
he's the one that did it.

You tell the judge that?

You bet I will.

Can I go see him now?


Old man?


Danny, how are you?

I'm fine. I...

I ain't the one that's in jail.

Oh, it ain't so bad here, Danny.

But it's always good to see you.

Sure, sure.

Sleep all right last night?

Oh, I slept fine, Danny.

And the marshal sees
to it I eats good, too.

Steak and eggs for breakfast...
What do you think of that?

Circuit court
judge gets in today.

Yeah, Marshal told me.

Trial tomorrow.

I'll be right there
with you, old man.


But don't you worry
none, you hear?

I'm innocent, and there ain't
a thing they can do to me.

Of course there ain't.

Do you, uh, need
anything right now?

Nah, I'm fine, Danny.

Well, I'll, uh... I'll be
back again this evening.

It's always good to see you.

So long.

Mr. Noonan, I want to
get one thing real clear.

Did you hear the old man
swear to kill Joe Silva?

Well, not exactly, Your Honor.

He said, "I'll get you,
Silva, I swear I'll get you."

Oh. Then he didn't swear
to kill him, but to get him,

- is that right?
- That's right, sir.

Thank you. You may step down.

(indistinct chatter)

(gavel banging)

- (gavel bangs loudly)
- (chatter stops)

JUDGE: Marshal Dillon?

Your Honor.

Marshal, when you
were on the stand here,

you gave a lot of evidence
against the old man.

Well, you didn't give
me much of a chance

to say anything in
his favor, Your Honor.

I was concerned with
evidence, Marshal...

Facts, not opinions.

That's what this
court deals with.

But I'm ready now
to listen to anything

that you might wish to say.

Well, I'll grant
you, Your Honor,

that the evidence is
all against the old man.

But I can say this... I've
known a lot of murderers.

Now, this man may have
done a lot of things in his time,

- but he's not a killer.
- Of course he isn't!

I don't care what
the evidence is...

The old man didn't do it.

Somebody took
advantage of his being drunk

and planted him there...
I already told you that!

Order in the court!
Sit down, Adams!

It ain't fair! He
ain't no killer!

That's enough, Danny. Sit down.

This court will take
a 30-minute recess.

(low, indistinct chatter)

I herewith declare this
United States Circuit Court,

with Judge Lucius C.
Brooking presiding, reconvened.

You may be seated.

JUDGE: The accused will
rise and stand before the court.

Do you still prefer to be
known only as "old man"?

Yes, sir.

Well, that's your privilege.

And do you still elect to
be tried by this court alone

- and not by a jury?
- Yes, sir.

Very well.

You may know I have
no use for the law's delay,

so I'm going to settle
this thing right now.

Old man...

you have been accused
of the murder of Joe Silva.

You have been
tried by this court,

and lacking any evidence to
the contrary notwithstanding,

I judge you guilty...

- (people murmuring)
- and I sentence you to be hanged

by the neck until dead.


Court is adjourned.

Isn't there something
you can do, Marshal?

Uh, can you talk to the judge?

Well, I can try.

But knowing him, it
won't do much good.

Come on, old man.

That judge was...
wrong, old man.

He was wrong.


(quietly): Old man, wake up.

Huh? Huh? Wha...? Wha...?

Up here.

The window.

What are you doing
out there, Danny?

Why don't you go around front?

Take this.

What for?! I don't
need no six-gun.

Yes, you do.
Now, take it. Go on!

You're gonna get
me in trouble, Danny.

Get you in trouble? What
do you think you are?

But the marshal's out
talking to the judge right now

over at the Dodge House.

The marshal told me himself

that he's never known this
judge to reverse a decision.

Well, maybe he will this time.

- He won't, and you know it.
- But I'm innocent!

You face it, old man,
they got you in jail,

and they're gonna hang you
unless you get out of there.

You mean hold him up,
make him unlock the door?

- Nothing to it.
- Yeah.

That could be.

It's gonna be. Now,
get him to turn his back,

and then hit him on the head,

and run out across the street.

I'll be waiting there with
our horses ready to ride.

You game, old man?

Well, I sure don't want to hang.

Now, just as soon
as he gets back.

The horses are
there waiting already.

Yeah. A-And you'd better
get over there, too, Danny,

because the marshal could
get back any minute now.

- I'll be there waiting.
- Yeah. Danny?

I ain't never had
no f-friend before.

Not like you.

We'll make out, old man.


(dog barking in distance)


Old man, I, uh...

I just had a long talk
with Judge Brooking.

I did everything I could, but...

He turned you down.

Yeah, I'm afraid so.

(sighs) Well...

don't you worry
about it, Marshal.

You did everything you could.

Sure. -(cocks hammer)

Now, just hold steady, Marshal.

Now, move up close
so's I can take your gun.

Come on, Marshal, do as I say!

I'm a doomed man...
I got nothing to lose!

Well, old man, then I'm
afraid we're both doomed,

'cause I can't let you out.

You some kind of fool?

You got held up and
I escaped, that's all!

It doesn't work that way.

Are you crazy? Why not?

Well, I'll tell you why.

Because when I took this
job, an oath went with it.

I swore to uphold
the law with my life.

Marshal, I'm coming
out if I have to kill you!

That's up to you.

Well, all right!

No... I can't do it.

I'll get you some dinner.

(crickets chirping)

Hello, Danny.


I talked to the judge.

How'd you make out?

He wouldn't change his mind.

And the old man's gonna hang?

I'll be taking him to
Hay City in the morning.

I thought maybe
you'd like to ride along.

I'd appreciate that, Marshal.

I reckon the old
man'll kind of need me.

We'll be leaving at dawn.

You know, I had to explain
to the old man in there

a few minutes ago
that when I took this job,

I swore to uphold
the law with my life.

Why'd you tell
him that, Marshal?

Well, he had a gun.

He wanted out of
there pretty bad,

but when the time came, he
just couldn't pull the trigger.

Well, I don't reckon
he ever figured

he'd have to use it, Marshal.

Yeah, probably not.

That's why I didn't bother to
ask him where he got the gun.

Well... we're all ready.

What's taking him
so long, Sheriff?

He'll be here in a minute.

The marshal's been treating
that old man like he was his father.

That's his business.

Well, it's his business to
get him out here on time, too.

I don't mind hanging a man,

but I sure hate
waiting around to do it.

When your hanging comes, you
won't mind the waiting so much.

I hate to disappoint
you, Sheriff,

but I ain't no murderer.

(Sheriff laughs)

Well... here they come.

I'm sorry, old man.

I seen 'em before,

but I never, ever believed
I'd be looking at my own.

I'll go up there
with you, old man.

I'll go right up
those steps with you.

No. No, Danny.

I'd rather you stayed
here, no closer.

Hangings ain't very pretty.


Don't forget me, Danny.

That way, I'll kind
of go on living.

I won't forget you, old man.

Not ever.

I know.

And it makes me
feel some better.


(lively piano music playing)

(horse sputters)

(glass clinking)

(indistinct crowd chatter)

(dog barking)

Well, that ride's over.

Where you going now?

Right now, I don't much care.

Well, I can
understand that, Danny.

The old man and me
talked about riding on west.

Maybe that's what I ought to do.

Lot of good country out there.

I ain't gonna spend
another night in this town.

I'll go to the Dodge House and
pick up my things and ride on.

Let me buy you a drink first.

No, thanks, Marshal.

Nothing personal.

Matter of fact, now
that it's all over,

I see things a
little differently.

You only done what you had to.

I don't bear you
no grudge at all.

Glad to hear that, Danny.

Stop in and say good-bye
before you leave, will you?

I'll do that, Marshal.

All right.

- Hello, Kitty.
- Hello, Matt.

- Sam.
- Marshal.

Say, I got to have a drink.

Get the man a drink, Sam.

They get it done?

Yeah, they got it done.

Well, here's to him.
I liked that old man.

I liked him, too.


How'd Danny take it?

Oh, hard.

Well, nothing new around here.

Nothing bad's happened.

Nothing good, either.

Well, then, Kitty, I think we
ought to abandon this town.

I'll leave if you will.

(Dillon chuckles)

- Mm. Say, barkeep?
- Yeah?

You did real fine at the
trial the other day, real fine.

- Did I?
- Yeah, you sure did.

I was there. I seen it.

Wasn't that some trial?

It got the job done.

LITTON: Yeah, it sure did.


That old man... He was
something, wasn't he?

Walking into Silva's room
and putting that knife to him?

(scoffs) That old
goat... he was...

he was something, all right.

Can't you find something
else to talk about?

I mean... I mean,
can't you see it?

Can't you see that old man,
that... that mean old devil

just hiding there
in the dark and...

and Silva walks in

and he gets stabbed
right where it counts.

Well, he went down so fast

and so easy that... he
didn't even lose his hat.

CLERK: That's how I found
him, Marshal, just like that.

His hat was still on his head.

But that's...

That's all over now. It's done.

That score's all settled,
all the way around.

Didn't even leave a track.

Oh. Hello, Marshal.

Where'd you come from?

I was standing right back there.

Oh. Well, uh, barkeep...

Joe Silva dying
with his hat on...

Now, that's interesting.

Only three people
knew about that.

I don't rightly
follow you, Marshal.

I knew about it,

the clerk at the Dodge
House knew about it.

The only other one
was the murderer.

Yeah. Yeah.

Well, uh, you'd better talk to
the barkeep about that. I'm...

- (slaps coin on bar)
- I'm kind of tired. I'm...

I'm going up to bed.

(furniture clattering)




You getting tired of this?
You want to go for your gun?

I ain't no fool, Marshal.

You'd kill me.

Get up!

Sam, bring your shotgun
over here, will you?

What do you need him for?

What are you gonna do with...?

You can't cut a man down
in cold blood, Marshal.

Sam, I want you to take him
over and put him in jail for me.

- Follow us over, will you?
- Yes, sir.

Get going!

Sam, lock him up, will you?

- I'll be back directly.
- Sure. Move.

What are you doing
with my horse, Marshal?

Danny, I just found
Joe Silva's murderer.

- I got him locked up in jail.
- You what?

Just a piece of luck.

He was drunk, I overheard
him talking at the Long Branch.

Danny. Oh, wait a minute.

Now, look here, I know
exactly how you feel right now.

I know what you'd like to do.

Believe me, I feel the same way.

But it's not in
the cards, Danny.

It's not gonna help
the old man now, either.

Now, what I want you
to do is get on that horse,

ride out of this town,
and never look back.

I guess you're right, Marshal.

You know something, Marshal?

I really loved that old man.

For the rest of my life, I'm
gonna be a little bit lonely.