Gunsmoke (1955–1975): Season 10, Episode 36 - He Who Steals - full transcript

A buffalo hunter who doesn't hold with ranching is acquitted of shooting the man who tries to stop him from stealing a calf, but he isn't finished with stealing to get his way.

(theme music playing)

(both guns fire)

ANNOUNCER: starring
James Arness as Matt Dillon.

Whoa.

Come on.

♪♪

Breck, I'm a-warnin' you,

if you start using that
gol-dang lucky horseshoe,

I'm gonna get
madder than a bobcat

full of porcupine quills.

Now, it's agreed:



the loser springs loose
when it comes time to pay

over at the Long Branch.

It's agreed.

I just want to remind you

I haven't lost an action
since I came to Dodge.

Well, you may be a
pearl button bangle billy

in that courtroom, but
you're just another pigeon,

far as I'm concerned.

Ready?

Oh, go ahead.

Hoo-ha!

Show you how the cow
eat the cabbage, boy.

Go ahead.

Now, i-if you don't cover that,



you're gonna have
to pay for the beer.

Oh, that's fair enough.

Well, we're... Pure ol' de-luck!

I've never saw anybody
like you in my born days.

And if this keeps
up, we're fixin'

to play us a two-shoe game,

'cause you can't do
that twice in a runnin'.

Here.

I reckon they're honest;
they look the same.

Well, good... you want
to put a little something

on the side now?

Well, if you want to stuff your
money down the gopher hole,

it's all right with me.

Go ahead.

WAGON DRIVER: Hey, you!

Hey, you-you fellas
give me a hand here.

Whoa.

What in the tarnation you doing,
scaring the whey out of a man.

Can't you tell when a
feller's fixin' to shoot a ringer?

I can tell when a feller
needs help, is what I can do.

What do you mean by that?

What's the matter with you,
can't you understand English?

I got a feller in the
back of the wagon here

what's been all beat up.

Now you gonna tell
me where to carry him,

or you gonna stand there
flappin' out your mouth?

Now hold on a minute,
how did you friend get hurt?

Never said he was no friend.

But from the look of what

he's got in his pockets,
I'd say he was a doctor.

Doctor?!

Doc...!

What happened? Did he get
thrown out of his buggy or something?

Throwed, nothing.

He got hisself bushwhacked.

Bushwhacked?

They was two big plug-uglies

standing over him
when I come along.

They done already
took his wallet.

Me an ol' Nelly here,
we scared 'em off

before they could
take nothin' else.

- I'll go get Matt.
- He ain't there.

He's in Hays City.
He left this morning.

You better try
to find Miss Kitty,

'cause ol' Doc's gonna
need all the help he can get.

Hyah!

Ain't got no busted
bones, as far as I can tell.

Oh, Festus, I'm scared.

Look at this.

He sure got a terrible
lick on the head there.

- Yeah.
- Must've did it with a pistol butt.

If he'd just come to.

He hasn't made a sound yet.

Well, doesn't anybody
know what happened?

According to that
old bone picker,

he found a couple of road
agents a-workin' him over

and he run 'em
off with his rifle.

(sniffles) Well, I
just don't understand

why anybody'd want to hurt Doc.

Reckon just 'cause he's carrying
a passel of money with him, I...

Well, that's ridiculous.

Doc never had more than
three or four dollars on him

his whole entire life.

He did this time, Miss Kitty.

He had a whole
heap of money on him.

How do you know?

You remember when the
Cimarron Mining Company

offered that $1,500
reward for Dan Pierce?

Yes?

Well... Doc was
going up to Cimarron

to fix up some guy's busted leg

and Matthew was
going to Hays City

and he asked Doc to bring
the money back with him.

I sure wished I could

get my hands on them
honyocks that done this.

He'll be all right, Miss Kitty.

He's gonna be all right.

That ol' scudder is just
too danged ornery to...

Can you stay with him?

Every minute.

Where are you two going?

We're fixin' to go
polecat hunting.

Just as quick as we can
find out where to start.

When I seen them two vultures
a-pickin' that old sawbones,

I just let loose with ol' Nelly.

Well, do you think you
hit either one of 'em?

No.

I would have if my horse
hadn't spooked on me.

Ol' Nelly's one of the
finest shooting pieces...

Hey, you... you writing
all that down for the paper?

Sure am.

Hey, bartender, give my
friend here another drink.

You-You gonna... you
gonna write my name

- down there with it?
- I am.

That is, if you'll
tell me what it is.

Abihu.

Abi... Abihu Howell.

How do you spell it?

Spell it?

How do you spell it?

Yeah.

Hmm... Ain't rightly had no...

cause to spell it.

I've shot more buffalo, though,

than most men has ever seen.

The way them two varmints was
a-pickin' on that old sawbones,

they'd have done him in for sure

if I hadn't come along
and scared 'em off.

I'll bet they would
have, at that.

Listen, what happened after
you started in to shooting?

After? Well, they
just skedaddled off.

- That's all.
- Do you have any idea

of who it was?

Could have been John Ringo.

Ringo?

I ain't saying it was, I'm
saying it could have been.

Where'd you find Doc at?

You know where the
Hays City coach got held up

three or four months back?

- You mean Smoke Creek Hollow?
- That's the place.

What did they look like?

Well, they were
a fair piece off.

But them was big fellers.

One of 'em was
riding a sorrel horse.

He sure took off

- when ol' Nelly barked.
- FESTUS: Let's go, Breck.

- Ol' Nelly ain't never failed me yet.
- Uh, Mr. Howell,

I got a deadline to meet
and I sure would like

to get the rest of this story.

I'd be pleasured to oblige you.

Now, like I say...

The way that old man's wagon
has this ground churned up,

I don't see how you
can find anything.

Well, you can always
find some kind of a sign,

if you just keep lookin' around.

Just look long enough.

Here... right here's where
he drug ol' Doc to the wagon.

Are you sure? How can you tell?

Well, course... there's
his heel marks, right there.

Right there's where
the wagon was.

Right here's where
they had the horses tied.

You can see where they
been a-middling around.

Took off for that grove
of trees right over yonder.

That's where we're
heading right now.

Well, they did it.

They doubled back.

What do you think
of that, Breck?

Let me ask you
something, Festus:

Where do you think a man
would go if the law was after him?

Well, I know where
he'd ought to go.

He'd ought to go
straight to the badlands,

'cause ain't nobody could
find him less he wanted 'em to.

Well, now maybe that's why
they're heading back to Dodge.

Now, you said yourself...

They started out
heading for the badlands,

leaving a clear trail, right?

Well, maybe they're just
hoping anyone following them will

automatically think they're
going to the badlands.

Catching on right fast, Breck.

As a matter of fact, they could
be in the Long Branch right now,

having a beer.

No, no, you're right
about where they headed,

but they ain't in no
Long Branch. Not yet.

'Cause this trail ain't
over a few hours old.

If we get lucky, we just could
cabbage on to 'em by sundown.

Cabbage?

We ain't gonna do her
standing here jawin'.

(mutters): Mm-mm...

Uh-oh, they startin'
to get careless.

Now, maybe they don't
know they're being followed.

Maybe.

Maybe they figure they throwed
everybody off by heading north

and they getting too
sure of theirselves.

Either that, or
they're not guilty.

Not guilty?

Well, now you've saw the tracks.

They lead right back to
where ol' Doc was dry gulched.

Well, I know, but
that doesn't mean

they're the ones that did it.

You know, they could
have come along after...

Or even before... it happened.

Well, they ain't no
other set of tracks.

Leastwise none of 'em as
clear as these here ones are.

I know, I know. All I'm
trying to say is the evidence

against them is purely
circumstantial right now.

Circums... Well, that ol'
buffalo hunter seen 'em hisself.

No, he didn't, Festus.

He saw two men steal
Doc's wallet and ride off.

That doesn't mean it's the
two men we're following.

Wait just a minute.

Are you trying to tell me
you want to quit and go back?

No, I'm not.

What I am trying
to say is I don't think

we ought to go in there shooting
when we catch up with them.

We could be making a mistake.

Hold on, Breck.

Now, I know polecat
tracks when I see 'em.

I'm just a-hoping that these
polecats want to put up a fight,

'cause they ain't
nothin' I'd like better

than to put a bullet
through both their hides.

Come on, Ruth.

Well, you coming, or ain't you?

Yes, I'm coming.

Tastes more like kerosene
than it does coffee.

Least by tomorrow
night, we'll be in Dodge

and able to pay for
some decent food.

Why, I still say it's
foolish to go anywhere

and try to spend that money yet.

You worry too much.

Well, how do we know he
didn't come from Dodge?

He was heading that way.

Well, what if he did?

We can't spend the rest
of our lives on the run.

Maybe you can't, but
I'd rather be running

than hanging from
the end of a rope.

Billy, we should
have kept on heading

for them badlands
like we planned on

and holed up for a month or two.

I keep telling you,
you worry too much.

Now, ain't nobody but that old
coot in the wagon ever seen us.

Well, just how many
witnesses does it take

for a man to get
his self hanged?

He was an old man.

Besides, what with
him trying to shoot

and hold that horse
at the same time,

he couldn't have got
a very good look at us.

You hope.

Listen, for this much money,

I'm willing to
run a little risk.

He sure was carrying a wad.

You know, it beats me where
an old sawbones like that

would get hold of
that kind of money.

All I know is,

it's more than you or me
could earn with five years work.

I still say we're fools

to try to spend it so soon.

But if we're going to do it,
do we have to advertise it?

BILLY: What do you mean?

Well, Billy, a wallet.

That there's the first
sensible thing you've said.

Now, if we're gonna get to
Dodge by tomorrow, let's go.

Well, come on!

Festus...

Still warm. I'd say
less than two hours.

Look.

(Breck sighs)

It's Doc's, all right.

Ought to have had $1,500 in it.

Well, you still got any
doubts in your head

about these being
the fellers that done it?

No, I guess not.

Ho! Ho!

There.

They're heading for
Dutchman Springs.

If we can get over that divide,
we can get there ahead of 'em.

Well, after you.

Hold up right there!

Just don't make no sudden move.

What's this?

Shut your mouth, mister, or
you get a bullet right in the teeth.

We've been held up.

I ain't giving up that
money. Not now.

- Billy, I think...
- Shut up!

When I give the
word, ride for the rocks.

(rustling in brush,
footsteps approach)

All right, keep your
hands in sight, both of you.

Now get down slowly.

BILLY: Sure.

- Don't shoot!
- Just get up slowly.

Yes, sir, but don't shoot.

Give me your gun belt.

Now move.

All right.

Now just drop that
gun belt, nice and easy.

Lift your arms up nice and slow.

That's it.

Well... I reckon that does it.

Can I put my hands down now?

Yeah, yeah.

Put 'em down, and
I'll lay this pistol barrel

right betwixt your eyes.

You got what you
was looking for.

What else you want?

- Hush up.
- (footsteps approach)

Breck, you all right?

Yeah, Festus.

Where are you?

Right up here
through them rocks.

What are you gonna do?

I know what I'd like to do.

I'd like to wrap a couple
of rattlers around your neck

and watch you hop.

But I don't reckon
the doc would like that.

The doc?

The one you pert near killed.

The one you took
this money off of.

You got us wrong, mister.

Oh, course I have.

You won it all in a poker game,

didn't lay a hand on nobody.

But I'll tell you, mister.

You better start
to moving right now

before I follow my
druthers and kill you

right where you're standing.

Now, move!

Look, mister, you
ain't no lawman.

We could make a deal.

Oh, we done got us a deal.

Doc dies, I want to tie the
knot in that hanging rope myself.

Now, move!

I told you we should've
went the other way.

Shut your mouth.

That them varmints, Festus?

(townsfolk murmuring)

(murmuring grows
louder, angrier)

(murmur grows into
indistinct shouting)

(sniffs)

That's them.

(townsfolk clamoring)

That's them. I'd
recognize 'em anywhere,

them thieving bushwhackers.

Them's the ones I seen, big
as life and twice'd as mean.

That one there... he's the
one what was doing the picking.

Almost got him, too.

I would have if my horse
hadn't spooked on me.

I'd have brung him in
when I bring in the doc.

So he wouldn't remember us, huh?

All right, all right!

- That one right there.
- Come on, get inside.

(angry clamor)

All right, men, stand back!

Now, stand back! You're
not needed in there.

(clamor continues outside)

BRECK (outside): All
right, men, just stand back!

Now, stand back!

(clamor continues outside)

How's Doc?

Well, he's not good, Festus,
and Miss Kitty hasn't left him

for a minute since
you've been away.

You've still got him
at the office, have you?

Yeah, we was afraid
to try to move him.

ABIHU: Like I was a-telling
that newspaper fella,

thieves like them is
just as bad as murderers!

- That's right.
- Too bad you didn't kill 'em both.

MAN: String 'em up.
That's what we ought to do.

Stringing us up?

Can't listen to that old man.

He ain't got no sense.

(clamoring)

Just simmer down now.

I know how you feel,

but just quit your
stewing and go on home.

Everything will be took care of.

- Yeah. Yeah.
- Now, go on!

(loud, overlapping chatter)

Never mind. Never
mind. Just go on.

(townsfolk murmuring as they go)

This looks serious, Festus.

Ah, fiddle. They get stewed
up every other Tuesday.

Don't fret about it.

Anything change
at all, Miss Kitty?

Well, he opened his
eyes once or twice.

Did he say anything?

Nothing that makes any sense.

Oh, Breck, I'm so worried.

I think you're just overtired.

He could come
out of it any time.

Has anyone wired for Matt?

He's on his way
back from Hays City.

He ought to be in
some time tonight.

Well, I hope he
doesn't get delayed.

I'm afraid we're in
for some trouble.

Why?

The bushwhackers.

You found the men that did it?

Yes, but I'm afraid
we made a mistake

in bringing them
in here to Dodge.

Well, you're sure
you got the right ones?

They had the money, Kitty.

And Doc's wallet.

You know something, Mr. Taylor?

I'm glad you brought 'em back.

All right, Tommy.

Now, you'll probably
find him on the road

somewhere between here and Hays.

But if he's coming back anyway,

well, what do I have
to go after him for?

Because I want him to come
straight through, Tommy.

If he doesn't know
what's happened,

he's liable to
camp out overnight.

Okay. Do you want me to tell
him you think Doc's gonna die?

No! And we don't
think Doc's gonna die.

Look, Tommy, just
tell him Doc was hurt,

and I want him to get
here as quickly as he can,

because some of the
townspeople are talking

about lynching the
men we have in jail.

Okay, Mr. Taylor. Come on, son.

I keep telling you, mister.

You're wasting your time.

We ain't wanted for nothing.

(Festus scoffs)

I wouldn't believe you jaegers

if you was to swear
on your ma's grave.

(door opens)

(sighs)

You find anything?

Nope, not a thing.

How's Doc?

No change.

Did you get anybody
to go fetch Matthew?

Yeah, Tommy Kane.

They just ain't
nothin' else we can do.

Well, now, we could try
not to worry quite so hard.

How about a drink, huh?

Wouldn't hurt none, I reckon.

You don't suppose they went
out and left us alone, do you?

Sounds that way.

Well, that don't bother you any?

I never worry about
things I can't help.

Yeah, but... the way
that town's acting up,

just any old drunken
hothead walk in here

and blast us full of holes.

That's true.

But you got to learn to
look on the bright side.

Oh, and you can see
a bright side to this?

I reckon. That old
sawbones is still alive,

and I thought he was dead.

Why, them people out there,

they don't seem to
understand the difference.

I keep telling you
you worry too much.

Now, what we got to do
is keep our eyes open.

If we can bust
out of here, we will.

If not, we better
pray a whole lot

that that old
doctor gets better.

They'll still be
holding us for stealing.

They don't hang you for that.

You wake me if
there's any excitement.

(lively, indistinct chatter)

I ain't aiming to butt in none.

Wasn't there no reward money

for them two murderin' yahoos

you fellas brung in here?

No, not that we know of.

I see.

Far as we could find out,
they wasn't wanted no place.

That don't matter none.

I was just wonderin'.

I sure tell you
one thing, though.

It was a lucky thing I
come along when I did.

The way them two fellas was
beating up on that old man,

they'd have killed him
for sure if I hadn't come in

and run 'em off!

I, um...

I don't recall you
saying anything before

about them beating up on Doc.

Well, I seen...

Well, maybe you couldn't rightly
say they was beating on him,

but they-they was
roughing him up some.

And I seem 'em take the wallet.

Well, now-now, what do you
mean about "roughing him up"?

Were you close
enough to see that?

Well, I was close enough to see

that they wasn't
doing him no good!

And I'll tell you
something else.

If that old sawbones
was a friend of mine

the way he is of yours,

I wouldn't be taking
out after the fella

what done saved
his life for him!

- Not by a long shot!
- (indistinct chatter)

I'd be out there getting...
giving them two bushwhackers

what they got comin' to 'em!

(crowd agreeing)

Golly Bill, Breck, what's
got into you anyhow?

What do you mean?

You know dang well what I mean.

You acted like you thought
he was a-storyin' to us.

Well, let's just say I don't
think he's a monument to truth.

Aw, fiddle.

Now, he could've been
a-colorin' it up a little bit,

but you know dang
well he seen them fellers

and he seen 'em take
the money off of old Doc.

Else how would we have
found the money on 'em?

I know that, Festus, I know.

Well, then you got to give
him the benefit of the doubt.

Now, if it hadn't have
been for old Abihu here,

why, Doc could've
been layin' out yonder

with nobody to look
after him or nothing.

Look, Festus,

I'm as grateful as you
are that he brought Doc in.

But the-the law is still the
law, no matter where you are.

And just hearing
about what happened

has got this whole
town riled up.

And the more he
colors that story of his,

the uglier these
men are getting.

Well, I'll tell you one thing,

they ain't none of 'em
any uglier than me.

Well, I won't comment on that.

I just think we ought to get
back to the jail, just in case.

Well, I ain't so sure
I'm going back to jail.

I ain't so sure that they
ain't talkin' the right idea.

Oh, Festus, you know darn
well that if Matt was here

he'd be the first one to tell
you they deserve a fair trial.

And he'd be down there at
that jail watching out for them.

Yeah, but Matthew ain't here.

And old Doc's
a-layin' right up yonder

just a-fightin' to get
sense back in his head.

I know.

And when he comes
around, we'll have those two.

Just supposin' he
don't come around.

We'll still have those two.

- (crickets chirping)
- (dog barking in distance)

Well, she's quiet
enough out here.

Appears like all that
talk inside is just talk.

Yeah, let's hope
that's what it is.

I still wish Matt were here.

It's downright scary the
way this town can boil over

when there's any
kind of trouble.

Aw, fiddle. It ain't no
different than 100 other towns

I could tell you about.

Well, that's just the
point I'm trying to make.

It seems no place west of
Kansas City has any respect

for due process of the law.

Oh, they got
respect for the law.

It's just that they're a
little short on patience.

No, I...

(groans) I did
it again, didn't I?

Look, I'm gonna go check on Doc.

I'll see you down at
the jail in a few minutes.

Well, now, you come a-runnin' if
there's any change, you hear me?

Festus.

Just how long do you plan

on keeping them two
bushwhackers locked up in jail?

Well, until Matthew
gets back, I reckon.

When's that gonna be?

We sent Tommy Kane to fetch him.

He ought to be back by daylight.

Now, you don't really think

we ought to wait for
him, do you, Festus?

Ain't no question
they're guilty.

You and Breck
caught 'em red-handed.

You just hold on now.

There's such a thing as
due process, you know.

Due process. What
in tarnation is that?

Just simmer down now,
and I'll explain her to you.

Now, when due
process first started,

them lawyers got to lawyerin'

and the judges got to judgin'...

- (quietly): Kitty.
- (gasps softly) Oh.

It's Breck.

Has there been any change?

No.

Look, why don't you
go to the Long Branch

and get some rest, huh?

(sighs) No, I'm-I'm all right.

I... I've been dozing here.

Matt not back yet, huh?

No. I wish he'd hurry.

Has there been any trouble?

Not yet.

And that buffalo
hunter's getting drunker.

The more drinks he has,
the wilder the stories get

about finding Doc.

You sound like you're
defending those...

two... Oh, Kitty. No,
of course, I'm not.

Look, I know how you
and Festus feel about Doc,

and I know how you
must feel about those two.

But it's-it's just not
like either one of you

to encourage the
kind of violence

that's going on down there.

(Doc moans)

Doc?

Doc, can you hear me?

Doc?

It's Kitty.

Uh... Kitty.

(grunts)

Oh, no.

My head.

You've been hurt.

But everything's
gonna be all right now.

Matt... BRECK: He's on his way.

- Matt...!
- KITTY: No, no.

Now, you just-just
lay right back down.

Now... we'll talk
about it later.

You just rest.

Now, on the other hand,
if you want to look at it

from the other end of the coop,

due process is just a
different way of saying

that what's real and clear

to ordinary old everyday
yahoos like you and me

ain't lawyerin' clear

till the judge says
that he agrees with us

on what she really
is or... or ought to be.

Understand?

♪♪

(sniffles)

Billy, wake up.

Thought you was gonna
get away with beating up

on my old friend Doc, huh?

That's right.

If'n it weren't for me, you
fellas wouldn't be in jail.

It was me what run you off.

Hoverin' over him you was,

like a couple of scavengers.

Well, you ain't
got to worry none.

The fellas down to the saloon
is going to take care of you!

I'll bet you fellas is
in for a rough time.

Them boys down to the saloon
is whipping up a fierce temper.

What are you so
proud about, old man?

Wasn't you that
turned the key on us.

It was them other two.

Why, you can't
even shoot straight.

Billy... Why, I can.

You couldn't hit a
mountain with a scattergun.

The only man in the world
that can drop a buffalo

with one shot through
the eye at a dead run.

Why, you stinkin'
old desert rat,

why, you couldn't hit
that bunk over there.

I did it more than once.

I reckon you
could hit a buffalo...

They're big enough...
If you stood close.

(sniffles)

Suppose we'uns just find out.

Billy?

ABIHU: Ah! (mocking laughter)

Thought you was gonna
out-clever old Abihu Howell, huh?

(laughs)

We ain't gonna be
hung by no lynch mob.

Well, I'm a very
obliging feller.

No!

What's the matter?

He was just a-harrowin' me

about not being
able to shoot a buffalo

if I was right on top of it.

He was just funnin'
with you, mister.

Can't you see that?

Is that right, young fella?

Was you just a-funnin' me?

(laughing)

I'm a-gon' show you just
what a good shot I am.

(cocks gun)

I'm a-gonna cut me a plug...

right out of your left jaw.

Give you something
to remember me by.

You crazy old coot.

No!

- What's going on?
- That crazy old desert rat

shot my partner.

We'll get you... Come on!

Billy, no...! Uh...

Now one word out of you,
mister, and you're dead.

ABIHU: I told
you not to hit him;

he was faking all the
time, didn't I tell you?

BILLY: Get in there.

Billy... you're crazy.

Now you boys be real quiet

or I'm just liable to
come back shooting.

Look, Billy, I don't think we
should've left him in there.

Billy, um, you're crazy.
You ain't got good sense.

Look, Billy, you done
got us in so much trouble.

Billy, let's don't go.
Let's go back in there...

- Would you get out of here!
- Billy... Billy!

- Billy, where do you think you're going?
- Shut up.

You there!

Hold it!

Jailbreak! Stop 'em!

In the alley!

Oh, you and your bright ideas.

You get up over
that fence. Go on!

(gunshot)

- Get out of the way!
- Hey, what's going on here?

- They get away?
- (distant gunfire)

Not from the sound of that.

(distant gunfire continuing)

(distant gunfire)

Barry! Frank! Get around back!

Is there another
way out of there?

Anybody back yonder?

It's covered.

Yeager! Moore!

Come on out!

And get lynched?

You won't be lynched.

You'll get a fair trial.

Then we're gonna hang you.

Billy, why don't... You hit?

No, it's just a splinter.

(distant gunfire)

You! Get him out of here!

Come here!

(gunfire continues)

Hold it! Hold it!

If we was to all rush 'em,
they wouldn't stand a chance.

- He's right.
- Now wait a minute, if you

try to rush in there,
there's a good chance

of somebody getting killed.

- Yeah! Them!
- BRECK: Or you, Howell.

Don't you worry about me none.

I done missed 'em once, I
ain't about to miss 'em again.

We just can't sit here and
let 'em pick us off one by one.

Now, why can't we?

All we have to do is
stay out of their line of fire.

They can't get us.

Now, look, they can't
have much ammunition left.

All we have to
do is outwait them.

I still say we ought to
go in there and get 'em!

- Yeah, me too. -Yeah, right.
- It's my warehouse,

and I ain't very
long on patience.

What's the point of
getting killed for nothing?

Now, Matt'll be
back before morning.

He can take care of it.

We'uns can take
care of it better.

Well, I don't know.

What do you think, Festus?

Well, ol' Doc's
a friend of mine.

Ain't nothing I'd like
better than to cut both ears

off of them yahoos, but...

I got to go along with Breck.

You ain't a-meanin' that.

I ain't in the habit of
saying things I don't mean.

Now go on, give 'em
another chance, Breck.

They done had all the
chances they's gonna get!

Go ahead, Breck.

Yeager!

Moore!

Now, we're going to give
you one more chance.

Come on out
before it's too late.

We ain't coming
out to no hangman!

We told you we didn't
bushwhack that ol' sawbones!

You'll get a fair trial!

A jury will hear your story!

They won't believe us, neither!

You told the truth that time.

You know...

if I thought there was a
chance of them believing us,

I'd give myself up.

Forget it.

Our only chance is
to make a break for it.

Make a break for it?

Billy, there must be 40 people
out there with guns and...

we ain't got 12
rounds between us.

You got any better suggestions?

I made mine yesterday
afternoon, remember?

Stay out of Dodge.

You know...

I stop and think of all the
things that I've did in my life

that were against
the law, and...

now to get killed for
something I didn't even do...

Quit your bellyaching,
you ain't dead yet.

No, but I-I ain't
gonna take no bets

on seeing tomorrow's
sunrise, either.

You hold your fire.

You heard us, we're
gonna wait 'em out.

Now get back there
and stay out of the way.

Where is everybody?

I don't know, Marshal.

Things were sure
lively enough when I left.

What's that?

Ned... your gun.

Burn, you dry gulchin'
murderers, burn!

Tommy, go see if
you can find Festus.

Maybe he knows what's going on.

You bet, Marshal.

(groans)

How is he, Kitty?

Well, I think he's
gonna be all right.

He came to earlier and
was able to talk to us.

Well, that's good.

Did he tell you what happened?

He doesn't seem to be
able to remember anything

after he left the mine.

But Festus and Breck caught
the two men that robbed him.

- Yeah, that's what Tommy said.
- Mm.

Hey, what's going on outside?

I don't know.

I heard some shots, but I
didn't want to leave Doc.

Why?

Well, there's
nobody in the street.

Not a soul.

I better get back out there.

I'll be back later.

All right.

DOC: Matt...

Doc.

How you feeling?

Feel terrible.

DILLON: Well,
that's a good sign.

Thought you were in Hays.

Well, I was. I just got back.

You had everybody
kind of worried.

Oh, is that so?

Well, Kitty here says you
couldn't remember what happened.

What do you mean I don't
remember what happened?

Well, certainly I
remember not...

Now, just lie right
back down there, now.

Yeah, I will. I will. I'm...

Quit fiddlin' with
me like a baby.

Course I remember what happened.

And here's exactly what it
was: my horse ran away with me.

Got scared at something, he
dumped me out of the buggy

and... hit my head
on a dang rock.

That's all there was to it.

You mean you didn't get robbed?

Robbed?

Well, course I
didn't get robbed.

Who in thunder told
you I got robbed?

Hey, Marshal, you
better come quick.

The warehouse is on
fire a-and them two fellas

that beat up on Doc
a-are trapped inside.

What's he mean,
two fellas beat up on...

- Well, uh, just never mind.
- Well, nobody...

Just lie back down there,
we'll tell you all about it later.

- Nobody beat...
- Ju... Just keep quiet.

Well, get some of the fellers
and get a bucket brigade going.

Right. Ed, Joe, Larry...
Come on, let's go.

(coughing)

(coughing)

Maybe you're gonna wait 'em out.

Old Abihu Howell knows more
than one way to skin a rabbit.

All right, here comes...

Put that down,
you crazy old coot!

- Come here.
- Them thievin' bushwhackers

is gonna get what's
coming to 'em.

What's the matter with
you, Howell? Are you crazy?

I'm gonna smoke 'em
out, you watch and see.

Smoke 'em out? You're
burning them to death.

It'll serve them right, them
thievin' bushwhackers.

Nobody was bushwhacked.

- (Billy coughing)
- Come on.

- Where's your friend?
- There.

- All right, men.
- (Billy coughing)

Bring that water up.

MAN: Let's go,
let's get it to 'em.

(Billy coughing)

DILLON: All right,
you're out of it now.

Matthew, what do you mean
nobody got bushwhacked?

- Well, ol' Doc was beat up...
- Yeah, Doc's horse spooked

and threw him out of the buggy.

These men didn't have
anything to do with it, Festus.

Now, you feeling all right?

Excuse me, Matthew.

Hyah!

Wait, you come back here,

you good-for-nothing
old honyock, you!

You got some
questions to answer!

Now why do you suppose
that old bone picker

would make up a story like that?

I don't know. Have you
got any ideas on that?

Told y'all a hundred
times we didn't do it,

but nobody'd listen.

We never knew he had that
money till we searched him

to find out who he was.

I had the wallet in my
hand, and all of a sudden,

that old geezer come over
the hill shooting and hollering

like the Devil himself.

That's right. It was
either get out or get shot.

We'd have brought the
doc in town ourselves,

that old man hadn't run us off.

We thought the doc was dead.

You gonna lock us up, Marshal?

Well, I ought to by
rights, but I got a feeling

maybe you've had enough.

Go on and get
those burns looked at.

Thank you a lot, Marshal.

Matthew, that-that
mangy old buffalo hunter

said he seen them two
fellas a-beatin' on Doc.

Well, he did bring
ol' Doc into town

and when we caught them fellers,
they had all the money on them,

and then when they
busted out of jail,

well, we just
natural figured that...

Matt, how did you know about it?

You weren't even here.

Well, I just left
Doc a minute ago.

You mean he's all right and
remembers and everything?

Oh, yeah, yeah.

He's doing fine, Festus.

Well, golly Bill, why
didn't you tell me that?

(sighs)

I thought you were gonna
keep an eye on things

for me around here.

Aw, Matt, that isn't fair.

If you'd seen the way Doc
looked when they brought him in.

Now, you want to talk about
circumstantial evidence.

Actually...
(continues indistinctly)

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