Gunsmoke (1955–1975): Season 12, Episode 5 - The Good People - full transcript
A bounty hunter is falsely charged with murder, when he lies about killing a lynched man he thought was wanted by the law.
(dramatic theme music playing)
(both guns fire)
ANNOUNCER: starring
James Arness as Matt Dillon.
(cattle mooing)
Hah! Go!
(whistles) Hyah!
(whistles)
There's only four of 'em.
They've rustled their
last head of Rucker beef.
Let's get 'em.
♪♪
♪♪
Hyah!
There he goes.
(grunting)
Jed Bailey. So
you're one of 'em.
One of them? One of what?!
I don't know what
you're talking about!
You've stolen your
last cow from me.
I wasn't rustling no cattle!
- How come you were running off?
- Well, you were shooting at me!
You were mighty
quick to start shooting.
Well, you started
shooting first, Gabe.
If you did nothing wrong,
why did you keep running?
Well, I didn't know it
was you shooting at me!
Ben, I didn't rustle no cattle!
- You're a liar!
- Get the rope.
- Get him on the horse.
- Wait, wait-wait a minute, whoa.
Wait a minute!
What are you doing?!
Let me be! I didn't
rustle no cattle!
You ain't gonna hang
me, Ben! Ben, it ain't right!
Ben, you ain't gonna hang me!
I ain't never rustled
your cattle, Ben!
- Get it up over that big branch there.
- Ben!
Ben, you ain't
doing the right thing!
No! Ben, don't do it! Ben!
All right, Ben.
No, Ben, don't do this.
Ben. You're hanging
an innocent man, Ben!
I'm innocent! Please
don't do this, Ben!
Ben, you're hanging
an innocent man!
Ben, I'm innocent!
Hyah! Hyah!
Fourth man get away?
Yeah.
He picked up with the
other one at south point.
The other one?
Well, there were no other...
(theme music playing)
Ben.
Ben, it's done and
nothing's gonna undo it.
There were no witnesses.
Nobody's ever gonna
know it even happened.
Exceptin' us.
Well, what would you have us do?
Go out there and
cut down the body,
then take it into town
and tell the marshal
we just hung an
innocent man by mistake?
Then ride out pretty
as you please?
That'd mean we'd hang.
Is that what you want?
You know I don't.
Then what are we supposed to do?
I don't know.
All right, we done wrong.
But Ben's worked a
lifetime for this ranch...
Worked with his sweat and blood!
He shouldn't have to give
it up for one Jed Bailey.
You're worth a hundred of him!
We worked too hard
to give up everything.
And we ain't going to.
Ben...
Now, I've heard enough talk.
You boys hitch up the team.
We got to get them
dead rustlers into town.
Coming?
Seth.
Go on.
Ain't from around these parts.
Well, let's get 'em into town
and turn 'em over
to the marshal.
Where you going?
Gonna bury Bailey.
Least we can do is
give him a decent burial.
- That's kind of foolish, ain't it?
- No.
Supposing somebody sees you.
Seth's right.
Man's entitled
to a decent burial.
Go ahead, son.
Better give your brother a hand.
Hyah!
Been cut.
Now, who'd want Bailey's body?
Yeah.
And why?
That $500 gonna look
pretty good, eh, Whitey?
(chuckles)
Make me so mad I
could smoke a pickle.
Come on, Whitey.
Howdy, fellas.
Howdy.
Is the marshal around?
Yeah, he's around. Why?
Name's Silas Shute,
and I'm here to collect
my reward on this fella.
You a bounty hunter? Who is he?
Well, his name was Jake Daniels.
Where'd you get him?
South of here, in
Barranca country.
That's out where
the Ruckers' spread.
I was gonna bring him
in breathing but, uh,
he put up a little fight,
tried to make a break for it
and I killed him with one shot.
I'm still pretty handy
with this here thing.
- Festus, here.
- SILAS: Had to walk all the way into town.
- That Jed Bailey?
- SILAS: But my bunions...
Well, of course it is.
Course it is what?
This here's Jed Bailey.
This here ain't Jake Daniels.
Well, mister...
you just take a look here and...
tell me if that there
is your Jed Bailey.
(Silas chuckles)
FESTUS: He does look
a good bit like Jed Bailey,
don't he, Matthew?
Yeah, there's a
resemblance there, all right.
Mister, I hate to tell you this,
but the man that you
killed is not Jake Daniels.
You trying to get out of
paying me that reward money?
Man you killed's
named Jed Bailey,
and he's not a wanted man.
This ain't... ain't Daniels?
Well, the poster...
It looks just like him.
Appears like your bounty
hunting days about over, Mr. Shute.
You just killed yourself
an innocent man
is what you done.
Let's go.
Uh...
about time I started
telling a little truth, I guess.
I really didn't
kill him, Marshal.
FESTUS: What?
I said I didn't kill him!
Whoa, now, just hold on.
Right out yonder you told me
and ol' Doc and ol' Nathan Burke
that you did kill him.
I don't care what you and
Doc and whoever he was
heared what I
said... I didn't kill him!
He was already dead
when I found him,
hanging from a tree.
- Hanging from a tree?
- That's right.
I was just riding along
when I see this feller
hanging from a tree,
so I rode up where I could
get a better look at him,
and... and he looked
just like Jake Daniels.
Wait just a minute, now.
You trying to tell us
that you found a man
a-hanging from a
tree, already dead,
you cut him down and shot him?
That's just what I done.
(scoffs)
(scoffs) Yourself.
- What'd you do that for?
- Well, I couldn't very likely
claim I hung him all
by myself, could I?
All right, all right!
Take me back out yonder
and I'll show you the
tree where the rope is.
I don't see no rope.
It was hanging from
that limb, right there.
You sure this is the right tree?
Sure I'm sure! This is the one.
Somebody took
that rope, Marshal.
He was hanging from
that limb, right there.
(Dillon sighs)
All right, let's go.
How many cows did they get?
None this time.
Two of them thieves got away.
These two ain't gonna
be doing no more rustling.
Seems to be the day
for bringing in bodies.
I got Jed Bailey inside, too.
Who?
Jed Bailey?
Some bounty hunter shot him,
thinking he was Jake Daniels.
Sh... Shot him, huh?
Yeah. Out near your place.
My place?
- Yeah, that's what I heard.
- (chuckles softly)
Well, seems like
there's a lot of doings
out there this
morning, don't it?
PERCY: Bailey
wasn't much account,
but he didn't
deserve to get shot.
Well, bring 'em on in.
Ben...
What kind of man
cuts down a dead body
and shoots him?
When does a feller get
something to eat around this place?
You get something to eat
when the vittles gets
here, that's when.
Well, uh, Festus,
while we waiting for 'em,
why don't you get me
a little bit my 'lixir, huh?
(chuckles) Just a little bit.
I've told you time and
time again that Matthew
don't allow no 'lixir
drinking in the jailhouse.
Now, I mean it.
Well, this ain't for
drinking, Festus, this is
(wheezing): my wheezing.
My... my wheezing.
Wheeze.
You ornery ol' scamp, you.
Who you calling old?
You, that's who.
Eh...
I can see right
now I ain't fixin'
to get a fair
trial in this town.
You're just blame
lucky to get a trial at all,
I'll tell you that.
That feller got himself
hung, I told you.
Oh, yeah, of course
he did, without no rope.
Somebody took that rope.
And whoever took it knows
that I'm an innocent man.
Just a-rotting in here in
this rotten jail of yours.
Well, that rips it!
Now, how could
you be rotting in jail?
You ain't been here
but a couple hours,
and don't you go a-calling
this here jail rotten,
or I'll get on you
like ugly on a ape.
Yeah, you just try it and
I'll knock knots on your head
faster than you can rub 'em.
(scoffs)
Will that be all
tonight, Marshal?
Yeah, that'll be
all, Percy, thanks.
Good night, Marshal.
Good night, Doc.
Good night, Percy.
Well, Matt, you saw for yourself
those bruises on his neck
look like rope burns, don't they?
Yeah, they sure do.
Neck's broken, too.
Well, in his
original story, Doc,
old Silas claims he shot
the man off a running horse.
Now, could that account
for the broken neck?
Well... hanging's
a lot more likely.
Well, yeah, but then if
Silas is telling the truth,
what's Jed Bailey
doing hanging from a tree
on the Rucker's land?
You don't expect me to
answer that one, do you?
Maybe the Ruckers can.
(clicks tongue) I sure hope so.
Night, Matt.
Good night, Doc.
All right.
All right.
There ain't nothing
to think about.
We're in the clear, can't
you understand that?
Nobody suspects us, huh?
That's right. Not unless you
keep behaving the way you do,
and then somebody's gonna
know something's wrong.
Don't you tell me
about what's wrong.
We're already hung
one innocent man,
we're about to hang another one!
I thought we
settled all this once.
Well, now he's feeling
sorry for that bounty hunter.
Seth...
the world's better
off without his kind.
Or Bailey's.
That's the way it is,
why do we stop with
Jed Bailey or Mr. Shute?
Why don't we just go
out and kill everybody?!
- Kill ev...
- Look!
Either the bounty hunter
hangs or me and Pa hang!
SETH: Why do you
keep saying that, Gabe?
'Cause that's the facts of life.
You might feel a little
different about things
if Ben was your real pa.
- You shut your mouth.
- Well, it's true!
He ain't a Rucker,
he never has been!
Ben?
Ben, it's Matt Dillon.
BEN: Howdy, Matt.
Ben.
What brings you out here?
Well, I just want to get
some more information
on those rustlers.
Hello, boys.
- Marshal.
- Marshal.
How about a cup of coffee?
Sounds good.
Gabe, take the marshal's horse.
Thank you.
And we surprised 'em in the
draw down near north point.
When Seth got the
first one, well, they split.
Seth went after the loner.
Me and Gabe went
after the other two.
Gabe got one of 'em,
but the other'n got away.
Then, a while later, why,
Seth seen these other two
hook up, up near the south point.
That's the way it
was, wasn't it, Seth?
Well, then we picked
up the bodies and, uh,
took 'em into town.
And there were
just the four of 'em?
Four of 'em, yeah.
Well, now, did, uh,
did you see Jed Bailey
or anybody else up
that way, either of you?
Seth?
No, Marshal.
Well, I won't take any
more of your time. Thanks.
Thanks, boys.
- Sure.
- So long, Matt.
Well, you think he believed us?
There ain't no way he
can prove we hung Bailey.
Not unless somebody tells him.
Nobody's gonna tell.
That hay is liable to mildew
less'n we get it in
the barn by sundown.
Seth...
out yonder in the barn, I...
well, I kind of lost my temper.
Yeah.
I mean, he's just as much
your pa as he is mine.
Yeah. Let's get the hay in.
Festus?
Festus, that marshal
ain't gonna know
if you give me a little
drink of my 'lixir. (chuckles)
Festus!
You dad-burned knothead,
you. Where are you?
Festus!
Say, how about you
quieting down just a little bit?
I've got every right
to holler, Marshal.
I didn't kill that fella.
The only thing
you got a right to
is three square meals
a day and a fair trial.
Fair trial... fiddle-faddle.
I was talking to Henry
Biggs about defending you.
Defending me?
I don't want no lawyer taking
what few dollars I got left.
Silas, you're going
on trial for your life.
That ain't got
nothing to do with it.
Lawyers and doctors,
they just bleed a man dry.
Judge Evers and the state
prosecutor will be here tonight.
Fine, that's just
fine. Let 'em come.
That's just two more who
ain't gonna believe me.
I'm setting trial for day
after tomorrow, Matt,
right here in the Dodge
House, if it's all right with Howie.
Well, I'm sure it will be.
Old Silas used to be
quite a fast gun in his day.
Made a good living
bounty hunting.
This bounty hunter's
days are over.
It won't take the
jury two minutes
to bring in a guilty verdict
when I get through with him.
Well, it's not us
you're gonna have to
convince of that, Mr. Sutton.
You don't seem to be too
sure of his guilt, Marshal.
Well, I'll grant you the
evidence is all there, but...
But what, Marshal?
You read the doctor's report.
You're referring to the
bruises on Bailey's neck, Matt?
That's right, Judge.
Those could definitely
be the marks of a hanging.
Shute's hanging story?
Purely fabrication.
The man has admitted shooting
Bailey in front of witnesses.
You do believe he's
guilty, don't you, Matt?
Judge, I got some
serious doubts about it.
I'll grant you the facts
are all there, or seem to be,
but there are just too
many things about this
that don't add up.
Well, if you feel
that way about it,
you better go out and
dig up some more facts.
That's exactly what
I'm gonna try to do.
- Good night.
- Good night.
Well, this young Sutton's
a go-getter, all right.
No doubt about that.
You know, people say
that, uh, he might have
quite a future up in Topeka.
Yeah, well, that may be,
Doc, but he's not gonna
use this trial to help him
get there, I'll tell you that.
Sounds to me like you
think Silas Shute's innocent.
I think there's a
chance of it, Doc.
Thing I can't understand
is this happening to the
Ruckers all of a sudden.
Ben Rucker's a good
man, so are his boys.
You don't think they
could be capable
of a thing like this, do you?
I don't know, Doc.
But, you know, I been thinking.
I got an idea that just
might help to clear this up.
What's that?
Put Seth on the jury.
Now, with the way
the evidence is now,
there's only one
verdict they can bring in.
But with Seth there,
I just got a hunch
the vote might be 11 to one.
And if Seth voted for
acquittal, be just about the same
as putting a rope around
old Ben's neck, wouldn't it?
Yeah.
The man just
won't talk, Marshal.
Except to say he won't pay me.
Did you tell him I was
paying you out of my funds?
Shoot, I told him
myself, Matthew.
Dad-burned knucklehead.
I'm afraid there's very
little I'll be able to do.
Well, all you can do
is your best, Henry.
Against all that evidence
and that Sutton fella,
I don't know how
good that'll be.
Well, thanks a lot.
- Good night, Marshal. Festus.
- Night.
So long, Henry.
Marshal. Marshal.
What is it, Silas?
I just been thinking.
It's a silly, fool thing
giving money to lawyers.
But I'm ever so
much obliged to you.
Well, you don't have
to thank me, Silas.
You're entitled to one.
Well, it's the...
first time anybody ever
done anything for me.
Marshal...
can I ask you something?
What's that?
Uh, make that there Festus
give me a little bit of
my 'lixir, will you, huh?
(chuckles) Just a little bit?
Oh, I guess you can
give him a little, Festus.
I'll be back later.
FESTUS: Well, whatever
you say, Matthew, but...
I don't know why you're
giving this old scudder his way.
You ain't never let nobody
ever have no whiskey
in the jailhouse before,
and I especially don't know
why you'd let this
here one have it.
Hmm.
Now, I want you to
know that this here
is the very first time that
Matthew has ever let an...
(sniffs)
Ooh. (scoffs)
Give it here, give it here.
(sighs, exhales sharply)
(exhales sharply, coughs)
Would you like a
little swallow, Festus?
(groans) That's a-plenty.
That marshal ain't such a
bad fellow after all, is he?
Well, of course he ain't.
Old Whitey been fed?
Yeah, he's been fed.
Poor Old Whitey.
What do you mean by that?
(coughs)
Well, he...
he gets the sags when he
gets lonesome, you know.
He just worries a lot.
Well, now, that's a funny thing.
Old Ruth does that, too.
Ruth?
My mule.
Now, you don't
have to fret about him
'cause Ruth's down yonder
keeping him company.
She is?
He is.
They're down there
just a-mushing it up
something fierce... nuzzling
and a-rubbing one another.
(chuckles)
Old Whitey likes
that. He likes that.
Festus, you old...
you old...
Could I have a pencil
and a little piece of paper?
Yeah.
What for?
To write with.
Write?
Yeah, I'm gonna...
I'm gonna write myself
out what you call a will.
(coughs)
Well, you boys are in town
bright and early this morning.
Well, we coming in to buy
up some of these prime oats
- before they's all bought.
- Good. Well, it saves me
the trouble of going
out to your place.
I wanted to talk to Seth here.
- What about?
- Well, I was wondering if he could
do a little jury duty
for me tomorrow.
What about it?
Well, uh, I don't know, Marshal.
Uh, we got a dozen
yearlings to worm tomorrow.
Can you spare him, Ben?
I just... I just
don't like trials.
Well, I don't guess
anybody does.
Seth will be glad
to serve, Matt.
DILLON: Good.
Say, I'll need you down
there tomorrow, too, Burke.
- Yeah, I know, Marshal.
- All right.
Say, Marshal, you going
by the Long Branch?
Yeah.
I got a package for Miss
Kitty. You mind picking it up?
All right.
All right, why me?
Why anybody?
Ain't nothing to
worry about, son.
Talk is around town
the trial ain't gonna
mean anything anyhow.
Well, I still don't like it.
It'll be 11 people on that
jury. 11 people can't be wrong.
Just vote the way they do.
Yeah, well, they don't
know what I know.
Well, Seth, you just do
what you think's right.
(quiet chatter)
This court is now in session.
There'll be no drinking, smoking
or swearing during the trial.
State of Kansas v. Silas Shute.
Mr. Shute, will you
please take off your hat?
Take it off, Silas.
Mr. Sutton, you may proceed.
Your Honor.
Gentlemen of the jury, we
have here a very simple case.
The case of an
avaricious bounty hunter
who bushwhacked an innocent man.
There can be only one
verdict for such a vicious crime:
guilty.
And I intend to present
to you conclusive evidence
that will make this
verdict mandatory.
And I shall demand
that the accused
be hanged by the
neck until dead.
(gallery murmuring)
(gavel bangs)
Simmer down now,
come on, simmer down.
And you want
this court to believe
that you cut down a dead
man and then shot him, correct?
That's just what happened.
Come now, Mr. Shute.
You know that's not
what really happened.
Don't give me none
of your slack jaw.
How can you be so cat-haired
sure when you wasn't even there?
- (laughter)
- Mr. Shute.
You have heard all the
evidence in this case.
It will be up to you to
decide whether he lives...
or dies.
Now, this could
have all happened
as my client insists.
So if this claim creates a
shadow of a doubt in your minds,
you must free Silas Shute.
(gallery murmuring)
Well, this is a fresh pot of
coffee and it's good and hot.
- Thanks, Sam.
- It's a welcome change.
Wait a minute, just...
put it right there, Sam.
- All right.
- Thank you.
Why don't you go on upstairs
and get yourself some sleep?
Same reason you don't.
You know, I never
would have thought
that a little fella
like that Silas Shute
could make such
a fuss in this town.
I'm telling you, Ben, if
that jury's hung tomorrow,
people are gonna
know something's wrong.
They're already talking.
I wouldn't be a bit
surprised if Seth didn't break.
- You know he's weak.
- He ain't weak.
He's just doing what
he thinks is right.
Can't teach a boy
one thing all of his life
and then expect him
to change overnight.
You do understand
what could happen.
Just 'cause he
votes nay don't mean
the marshal's coming after us.
Besides, Seth may change
his mind before morning.
He better.
'Cause you mark my
words, if Seth votes nay,
Dillon's coming after
us, you wait and see.
He can't prove nothing as
long as we don't speak up.
You never should have
let him serve on that jury
- in the first place.
- Then Matt'd have known
there's something wrong.
I tell you one thing, if the
marshal comes after me,
he's gonna have
to come shooting.
You do what I tell you to do.
I don't want to hear
no more about it.
LATHROP: Seth, I
have here in my hand
sworn statements from
people who not only heard Shute
admit to the shooting,
but brag about it.
I quote:
"Had to shoot him.
"Was gonna bring him in, but
he tried to make a break for it.
Yes, sir, one shot did it."
Now, how much proof do you need?
Seth, we've been locked up...
Listen to me, Seth.
I'm tired. We're
all tired. Now...
Now, you know that
bounty hunter is guilty.
So why do you refuse to
vote the way you should?
You heard what the doc said.
We've been over that
again and again, Seth.
You heard what Sutton said.
He said them bruises
could come from anything.
Falling off a horse.
Shute admitted that he
tried to make a break for it.
Seth, is there any other reason
why you're voting to free him?
And what do you mean by that?
Well, you certainly
can't vote to free him
for the reasons
you've been giving.
I just don't think he's guilty.
You just don't
think he's guilty.
Well, I give up.
You know, we come out
of here with a hung jury,
and there's just
gonna be another trial.
It just don't make sense to me.
We all know he's guilty.
Any man that preys
upon another man's life
for financial gain
is without a doubt
the lowest form of humanity.
And you sit there
and defend him.
LATHROP: Let's start
from the beginning again.
(knocking)
Who is it?!
- Are you fellas through eating?
- Yes, Sam.
I'll take the dishes.
How's it going, Lathrop?
Well, we ought to
be here all night.
We're still 11 to one.
All right, you fellas
break up that poker game
and let's get back to work.
- Come on, Percy.
- (men muttering)
(door opens)
How are they doing, Sam?
They're doing
their job, Halligan.
I know that. Oh, come on, Sam.
Y-You got to have
heard something in there.
I'm not gonna repeat it to
you. Now open the door.
You can tell me.
SHUTE: Festus?
♪♪
This here's my will.
When will I know?
Well, when they...
get done deciding, I reckon.
I ain't got much of
a chance, have I?
Oh, I wouldn't say that.
Shoot, the jury's been
out for pert near 11 hours.
There's bound to be
somebody on it believes you.
Takes 12 votes to hang me?
That's right.
(exhales heavily)
Silas...
how's your wheeze?
(chuckles)
It's tolerable now.
It's just... just tolerable.
Thad, what's this here say?
It's his will.
Well, I know it's his
will. What's it say?
Festus, when are you gonna
let me teach you how to read?
Thad.
"I will to the marshal
"three dollars and my saddlebag,
"and to Festus, my
burro named Old Whitey.
Signed, Silas Shute."
Fella lives his
whole lifetime...
that's all he's
got to show for it.
Come to order.
All right, now.
Mr. Lathrop, have you
folks reached a verdict?
No, sir, Your Honor,
not unanimously.
All of us, except Seth
Rucker, voted guilty.
EVERS: Do I understand
you rightly, Mr. Lathrop...
11 guilty,
one not guilty?
LATHROP: That's
right, Your Honor.
EVERS: Then I
declare this a hung jury.
Court adjourned.
(gallery murmuring)
Thought you was gonna
hang me, didn't you?
You all thought they was
gonna hang me. (laughs)
Well, I'll tell you one thing...
- All right!
- (clamoring)
Aw, turn me loose! You're
just like the rest of 'em.
You thought I was gonna
hang, too, didn't you?
Get out.
(indistinct chatter)
You thought I was gonna
hung. I want my will back!
You can have your will back.
Who asked you for that
measly-footed donkey, anyhow?
Measly-footed?!
Let me tell you something,
you saucer-eared knothead,
Old Whitey's just as sure-footed
as a Rocky Mountain nanny-goat.
He ain't no clod-hopping,
spavin-legged, buzzard bait
like that old mule of yours.
You haven't never saw Ruth.
- How do you know?
- Aw, fiddle-faddle.
Let's go home, son.
I'll be along home soon, Ben.
♪♪
Well, he knows.
What do you mean, he knows?
He knows.
You tell him?
Didn't tell him nothing.
- Where you going?
- I'm leaving.
You told on me and Pa,
and now you're running out.
- I ain't running out.
- Well, what's the marshal
gonna think, you running
out right after the trial?!
I told you, I ain't running out.
It ain't your skin you got to
worry about, you know that.
Well, whose skin you worried
about, Gabe, yours or Ben's?
You ain't going no place.
You get your hands off my gear.
You heard what I said.
You heard what I said.
(grunting)
Gabe!
I never thought I'd see
the day when my sons
would turn against one another.
You could've killed him!
- He told on us, Ben!
- I didn't tell.
Then why is he leaving?
Leaving?
Is that right, Seth?
Yeah.
If it's about the trial,
I told you to do what
you thought was right.
What I thought was right, Ben?
You know I was right!
I couldn't just sit
there and let 'em hang
an innocent man,
I just couldn't!
The marshal knew that!
That's why he put me on
the jury stand... he knew it!
He knew you were
weak! That you'd break!
- Hush up!
- But he is!
Listen to him alibi himself
'cause he ain't got no guts!
It ain't right, what
we're doing, Gabe.
Can't you see
that it ain't right?!
Remember when we
were kids, when Ben
used to tell us about what's
right and what's wrong?
Well, I remember that.
So don't jump on me now
because I can't live your lie!
'Cause I can't!
Ben, I always wanted
you to be proud of me.
Everything I ever did, I
wanted you to be proud of me.
So don't ask me to change
now, because I can't.
Okay?
♪♪
You all right?
We've been wrong, son.
Wrong in killing a man.
Wrong in trying
to blame another.
I tried to raise you
boys to do the right thing.
To be proud of yourselves.
One another.
And of me.
I knew what we done
wasn't the right thing,
and that ain't like a Rucker.
We've always taken
as well as we've given.
Tomorrow morning,
I'm going into town
and tell Matt Dillon.
Pa...
I've made up my mind, Gabriel.
♪♪
I reckon you know
why I'm here, Matt.
I mistook Jed Bailey
for one of the rustlers.
I hung him.
It was...
it was just as much
me as Ben, Marshal.
We both hanged Jed Bailey.
Somebody inside
you might want to see.
Seth didn't have
nothing to do with this.
GABE: That's right.
He told me you'd say that.
Well, he didn't.
And that's the
straight of it, Matt.
I believe you, Ben.
Ben.
I'm sorry.
I'm not.
I'm proud of you.
You Ruckers almost got me hung!
- That's enough out of you, Silas.
- Well, they did.
Ornery bunch of coyotes,
framing me like they done.
It was a Rucker
that saved your neck.
You mean him?
Aw, he ain't no Rucker.
I know the story on
that poor foundling.
GABE: Hey!
His name's Seth Rucker.
Don't you forget it.
DILLON: Festus, get
him out of here, will you?
All right, foot in the
mouth, get to gettin'.
Go on.
Son.
You take good care of the place.
Yeah, I will.
Don't you worry about anything.
Let me know if
my mare's in foal.
I will, Gabe.
And don't you worry.
Boy.
Seth Rucker.
You got good in you, son.
Keep your powder dry, Festus.
Keep your chin
to the wind, Silas.
What's gonna happen
to 'em, Marshal?
They gonna hang?
No, I... I don't think
they'll hang, Seth.
But they may spend
a few years in prison.
Looks like you have to
take care of that place
by yourself out
there for a while.
Think you can handle it?
Yeah. Yeah.
(sighs)
ANNOUNCER: Stay tuned for
scenes from next week's Gunsmoke.
(both guns fire)
ANNOUNCER: starring
James Arness as Matt Dillon.
(cattle mooing)
Hah! Go!
(whistles) Hyah!
(whistles)
There's only four of 'em.
They've rustled their
last head of Rucker beef.
Let's get 'em.
♪♪
♪♪
Hyah!
There he goes.
(grunting)
Jed Bailey. So
you're one of 'em.
One of them? One of what?!
I don't know what
you're talking about!
You've stolen your
last cow from me.
I wasn't rustling no cattle!
- How come you were running off?
- Well, you were shooting at me!
You were mighty
quick to start shooting.
Well, you started
shooting first, Gabe.
If you did nothing wrong,
why did you keep running?
Well, I didn't know it
was you shooting at me!
Ben, I didn't rustle no cattle!
- You're a liar!
- Get the rope.
- Get him on the horse.
- Wait, wait-wait a minute, whoa.
Wait a minute!
What are you doing?!
Let me be! I didn't
rustle no cattle!
You ain't gonna hang
me, Ben! Ben, it ain't right!
Ben, you ain't gonna hang me!
I ain't never rustled
your cattle, Ben!
- Get it up over that big branch there.
- Ben!
Ben, you ain't
doing the right thing!
No! Ben, don't do it! Ben!
All right, Ben.
No, Ben, don't do this.
Ben. You're hanging
an innocent man, Ben!
I'm innocent! Please
don't do this, Ben!
Ben, you're hanging
an innocent man!
Ben, I'm innocent!
Hyah! Hyah!
Fourth man get away?
Yeah.
He picked up with the
other one at south point.
The other one?
Well, there were no other...
(theme music playing)
Ben.
Ben, it's done and
nothing's gonna undo it.
There were no witnesses.
Nobody's ever gonna
know it even happened.
Exceptin' us.
Well, what would you have us do?
Go out there and
cut down the body,
then take it into town
and tell the marshal
we just hung an
innocent man by mistake?
Then ride out pretty
as you please?
That'd mean we'd hang.
Is that what you want?
You know I don't.
Then what are we supposed to do?
I don't know.
All right, we done wrong.
But Ben's worked a
lifetime for this ranch...
Worked with his sweat and blood!
He shouldn't have to give
it up for one Jed Bailey.
You're worth a hundred of him!
We worked too hard
to give up everything.
And we ain't going to.
Ben...
Now, I've heard enough talk.
You boys hitch up the team.
We got to get them
dead rustlers into town.
Coming?
Seth.
Go on.
Ain't from around these parts.
Well, let's get 'em into town
and turn 'em over
to the marshal.
Where you going?
Gonna bury Bailey.
Least we can do is
give him a decent burial.
- That's kind of foolish, ain't it?
- No.
Supposing somebody sees you.
Seth's right.
Man's entitled
to a decent burial.
Go ahead, son.
Better give your brother a hand.
Hyah!
Been cut.
Now, who'd want Bailey's body?
Yeah.
And why?
That $500 gonna look
pretty good, eh, Whitey?
(chuckles)
Make me so mad I
could smoke a pickle.
Come on, Whitey.
Howdy, fellas.
Howdy.
Is the marshal around?
Yeah, he's around. Why?
Name's Silas Shute,
and I'm here to collect
my reward on this fella.
You a bounty hunter? Who is he?
Well, his name was Jake Daniels.
Where'd you get him?
South of here, in
Barranca country.
That's out where
the Ruckers' spread.
I was gonna bring him
in breathing but, uh,
he put up a little fight,
tried to make a break for it
and I killed him with one shot.
I'm still pretty handy
with this here thing.
- Festus, here.
- SILAS: Had to walk all the way into town.
- That Jed Bailey?
- SILAS: But my bunions...
Well, of course it is.
Course it is what?
This here's Jed Bailey.
This here ain't Jake Daniels.
Well, mister...
you just take a look here and...
tell me if that there
is your Jed Bailey.
(Silas chuckles)
FESTUS: He does look
a good bit like Jed Bailey,
don't he, Matthew?
Yeah, there's a
resemblance there, all right.
Mister, I hate to tell you this,
but the man that you
killed is not Jake Daniels.
You trying to get out of
paying me that reward money?
Man you killed's
named Jed Bailey,
and he's not a wanted man.
This ain't... ain't Daniels?
Well, the poster...
It looks just like him.
Appears like your bounty
hunting days about over, Mr. Shute.
You just killed yourself
an innocent man
is what you done.
Let's go.
Uh...
about time I started
telling a little truth, I guess.
I really didn't
kill him, Marshal.
FESTUS: What?
I said I didn't kill him!
Whoa, now, just hold on.
Right out yonder you told me
and ol' Doc and ol' Nathan Burke
that you did kill him.
I don't care what you and
Doc and whoever he was
heared what I
said... I didn't kill him!
He was already dead
when I found him,
hanging from a tree.
- Hanging from a tree?
- That's right.
I was just riding along
when I see this feller
hanging from a tree,
so I rode up where I could
get a better look at him,
and... and he looked
just like Jake Daniels.
Wait just a minute, now.
You trying to tell us
that you found a man
a-hanging from a
tree, already dead,
you cut him down and shot him?
That's just what I done.
(scoffs)
(scoffs) Yourself.
- What'd you do that for?
- Well, I couldn't very likely
claim I hung him all
by myself, could I?
All right, all right!
Take me back out yonder
and I'll show you the
tree where the rope is.
I don't see no rope.
It was hanging from
that limb, right there.
You sure this is the right tree?
Sure I'm sure! This is the one.
Somebody took
that rope, Marshal.
He was hanging from
that limb, right there.
(Dillon sighs)
All right, let's go.
How many cows did they get?
None this time.
Two of them thieves got away.
These two ain't gonna
be doing no more rustling.
Seems to be the day
for bringing in bodies.
I got Jed Bailey inside, too.
Who?
Jed Bailey?
Some bounty hunter shot him,
thinking he was Jake Daniels.
Sh... Shot him, huh?
Yeah. Out near your place.
My place?
- Yeah, that's what I heard.
- (chuckles softly)
Well, seems like
there's a lot of doings
out there this
morning, don't it?
PERCY: Bailey
wasn't much account,
but he didn't
deserve to get shot.
Well, bring 'em on in.
Ben...
What kind of man
cuts down a dead body
and shoots him?
When does a feller get
something to eat around this place?
You get something to eat
when the vittles gets
here, that's when.
Well, uh, Festus,
while we waiting for 'em,
why don't you get me
a little bit my 'lixir, huh?
(chuckles) Just a little bit.
I've told you time and
time again that Matthew
don't allow no 'lixir
drinking in the jailhouse.
Now, I mean it.
Well, this ain't for
drinking, Festus, this is
(wheezing): my wheezing.
My... my wheezing.
Wheeze.
You ornery ol' scamp, you.
Who you calling old?
You, that's who.
Eh...
I can see right
now I ain't fixin'
to get a fair
trial in this town.
You're just blame
lucky to get a trial at all,
I'll tell you that.
That feller got himself
hung, I told you.
Oh, yeah, of course
he did, without no rope.
Somebody took that rope.
And whoever took it knows
that I'm an innocent man.
Just a-rotting in here in
this rotten jail of yours.
Well, that rips it!
Now, how could
you be rotting in jail?
You ain't been here
but a couple hours,
and don't you go a-calling
this here jail rotten,
or I'll get on you
like ugly on a ape.
Yeah, you just try it and
I'll knock knots on your head
faster than you can rub 'em.
(scoffs)
Will that be all
tonight, Marshal?
Yeah, that'll be
all, Percy, thanks.
Good night, Marshal.
Good night, Doc.
Good night, Percy.
Well, Matt, you saw for yourself
those bruises on his neck
look like rope burns, don't they?
Yeah, they sure do.
Neck's broken, too.
Well, in his
original story, Doc,
old Silas claims he shot
the man off a running horse.
Now, could that account
for the broken neck?
Well... hanging's
a lot more likely.
Well, yeah, but then if
Silas is telling the truth,
what's Jed Bailey
doing hanging from a tree
on the Rucker's land?
You don't expect me to
answer that one, do you?
Maybe the Ruckers can.
(clicks tongue) I sure hope so.
Night, Matt.
Good night, Doc.
All right.
All right.
There ain't nothing
to think about.
We're in the clear, can't
you understand that?
Nobody suspects us, huh?
That's right. Not unless you
keep behaving the way you do,
and then somebody's gonna
know something's wrong.
Don't you tell me
about what's wrong.
We're already hung
one innocent man,
we're about to hang another one!
I thought we
settled all this once.
Well, now he's feeling
sorry for that bounty hunter.
Seth...
the world's better
off without his kind.
Or Bailey's.
That's the way it is,
why do we stop with
Jed Bailey or Mr. Shute?
Why don't we just go
out and kill everybody?!
- Kill ev...
- Look!
Either the bounty hunter
hangs or me and Pa hang!
SETH: Why do you
keep saying that, Gabe?
'Cause that's the facts of life.
You might feel a little
different about things
if Ben was your real pa.
- You shut your mouth.
- Well, it's true!
He ain't a Rucker,
he never has been!
Ben?
Ben, it's Matt Dillon.
BEN: Howdy, Matt.
Ben.
What brings you out here?
Well, I just want to get
some more information
on those rustlers.
Hello, boys.
- Marshal.
- Marshal.
How about a cup of coffee?
Sounds good.
Gabe, take the marshal's horse.
Thank you.
And we surprised 'em in the
draw down near north point.
When Seth got the
first one, well, they split.
Seth went after the loner.
Me and Gabe went
after the other two.
Gabe got one of 'em,
but the other'n got away.
Then, a while later, why,
Seth seen these other two
hook up, up near the south point.
That's the way it
was, wasn't it, Seth?
Well, then we picked
up the bodies and, uh,
took 'em into town.
And there were
just the four of 'em?
Four of 'em, yeah.
Well, now, did, uh,
did you see Jed Bailey
or anybody else up
that way, either of you?
Seth?
No, Marshal.
Well, I won't take any
more of your time. Thanks.
Thanks, boys.
- Sure.
- So long, Matt.
Well, you think he believed us?
There ain't no way he
can prove we hung Bailey.
Not unless somebody tells him.
Nobody's gonna tell.
That hay is liable to mildew
less'n we get it in
the barn by sundown.
Seth...
out yonder in the barn, I...
well, I kind of lost my temper.
Yeah.
I mean, he's just as much
your pa as he is mine.
Yeah. Let's get the hay in.
Festus?
Festus, that marshal
ain't gonna know
if you give me a little
drink of my 'lixir. (chuckles)
Festus!
You dad-burned knothead,
you. Where are you?
Festus!
Say, how about you
quieting down just a little bit?
I've got every right
to holler, Marshal.
I didn't kill that fella.
The only thing
you got a right to
is three square meals
a day and a fair trial.
Fair trial... fiddle-faddle.
I was talking to Henry
Biggs about defending you.
Defending me?
I don't want no lawyer taking
what few dollars I got left.
Silas, you're going
on trial for your life.
That ain't got
nothing to do with it.
Lawyers and doctors,
they just bleed a man dry.
Judge Evers and the state
prosecutor will be here tonight.
Fine, that's just
fine. Let 'em come.
That's just two more who
ain't gonna believe me.
I'm setting trial for day
after tomorrow, Matt,
right here in the Dodge
House, if it's all right with Howie.
Well, I'm sure it will be.
Old Silas used to be
quite a fast gun in his day.
Made a good living
bounty hunting.
This bounty hunter's
days are over.
It won't take the
jury two minutes
to bring in a guilty verdict
when I get through with him.
Well, it's not us
you're gonna have to
convince of that, Mr. Sutton.
You don't seem to be too
sure of his guilt, Marshal.
Well, I'll grant you the
evidence is all there, but...
But what, Marshal?
You read the doctor's report.
You're referring to the
bruises on Bailey's neck, Matt?
That's right, Judge.
Those could definitely
be the marks of a hanging.
Shute's hanging story?
Purely fabrication.
The man has admitted shooting
Bailey in front of witnesses.
You do believe he's
guilty, don't you, Matt?
Judge, I got some
serious doubts about it.
I'll grant you the facts
are all there, or seem to be,
but there are just too
many things about this
that don't add up.
Well, if you feel
that way about it,
you better go out and
dig up some more facts.
That's exactly what
I'm gonna try to do.
- Good night.
- Good night.
Well, this young Sutton's
a go-getter, all right.
No doubt about that.
You know, people say
that, uh, he might have
quite a future up in Topeka.
Yeah, well, that may be,
Doc, but he's not gonna
use this trial to help him
get there, I'll tell you that.
Sounds to me like you
think Silas Shute's innocent.
I think there's a
chance of it, Doc.
Thing I can't understand
is this happening to the
Ruckers all of a sudden.
Ben Rucker's a good
man, so are his boys.
You don't think they
could be capable
of a thing like this, do you?
I don't know, Doc.
But, you know, I been thinking.
I got an idea that just
might help to clear this up.
What's that?
Put Seth on the jury.
Now, with the way
the evidence is now,
there's only one
verdict they can bring in.
But with Seth there,
I just got a hunch
the vote might be 11 to one.
And if Seth voted for
acquittal, be just about the same
as putting a rope around
old Ben's neck, wouldn't it?
Yeah.
The man just
won't talk, Marshal.
Except to say he won't pay me.
Did you tell him I was
paying you out of my funds?
Shoot, I told him
myself, Matthew.
Dad-burned knucklehead.
I'm afraid there's very
little I'll be able to do.
Well, all you can do
is your best, Henry.
Against all that evidence
and that Sutton fella,
I don't know how
good that'll be.
Well, thanks a lot.
- Good night, Marshal. Festus.
- Night.
So long, Henry.
Marshal. Marshal.
What is it, Silas?
I just been thinking.
It's a silly, fool thing
giving money to lawyers.
But I'm ever so
much obliged to you.
Well, you don't have
to thank me, Silas.
You're entitled to one.
Well, it's the...
first time anybody ever
done anything for me.
Marshal...
can I ask you something?
What's that?
Uh, make that there Festus
give me a little bit of
my 'lixir, will you, huh?
(chuckles) Just a little bit?
Oh, I guess you can
give him a little, Festus.
I'll be back later.
FESTUS: Well, whatever
you say, Matthew, but...
I don't know why you're
giving this old scudder his way.
You ain't never let nobody
ever have no whiskey
in the jailhouse before,
and I especially don't know
why you'd let this
here one have it.
Hmm.
Now, I want you to
know that this here
is the very first time that
Matthew has ever let an...
(sniffs)
Ooh. (scoffs)
Give it here, give it here.
(sighs, exhales sharply)
(exhales sharply, coughs)
Would you like a
little swallow, Festus?
(groans) That's a-plenty.
That marshal ain't such a
bad fellow after all, is he?
Well, of course he ain't.
Old Whitey been fed?
Yeah, he's been fed.
Poor Old Whitey.
What do you mean by that?
(coughs)
Well, he...
he gets the sags when he
gets lonesome, you know.
He just worries a lot.
Well, now, that's a funny thing.
Old Ruth does that, too.
Ruth?
My mule.
Now, you don't
have to fret about him
'cause Ruth's down yonder
keeping him company.
She is?
He is.
They're down there
just a-mushing it up
something fierce... nuzzling
and a-rubbing one another.
(chuckles)
Old Whitey likes
that. He likes that.
Festus, you old...
you old...
Could I have a pencil
and a little piece of paper?
Yeah.
What for?
To write with.
Write?
Yeah, I'm gonna...
I'm gonna write myself
out what you call a will.
(coughs)
Well, you boys are in town
bright and early this morning.
Well, we coming in to buy
up some of these prime oats
- before they's all bought.
- Good. Well, it saves me
the trouble of going
out to your place.
I wanted to talk to Seth here.
- What about?
- Well, I was wondering if he could
do a little jury duty
for me tomorrow.
What about it?
Well, uh, I don't know, Marshal.
Uh, we got a dozen
yearlings to worm tomorrow.
Can you spare him, Ben?
I just... I just
don't like trials.
Well, I don't guess
anybody does.
Seth will be glad
to serve, Matt.
DILLON: Good.
Say, I'll need you down
there tomorrow, too, Burke.
- Yeah, I know, Marshal.
- All right.
Say, Marshal, you going
by the Long Branch?
Yeah.
I got a package for Miss
Kitty. You mind picking it up?
All right.
All right, why me?
Why anybody?
Ain't nothing to
worry about, son.
Talk is around town
the trial ain't gonna
mean anything anyhow.
Well, I still don't like it.
It'll be 11 people on that
jury. 11 people can't be wrong.
Just vote the way they do.
Yeah, well, they don't
know what I know.
Well, Seth, you just do
what you think's right.
(quiet chatter)
This court is now in session.
There'll be no drinking, smoking
or swearing during the trial.
State of Kansas v. Silas Shute.
Mr. Shute, will you
please take off your hat?
Take it off, Silas.
Mr. Sutton, you may proceed.
Your Honor.
Gentlemen of the jury, we
have here a very simple case.
The case of an
avaricious bounty hunter
who bushwhacked an innocent man.
There can be only one
verdict for such a vicious crime:
guilty.
And I intend to present
to you conclusive evidence
that will make this
verdict mandatory.
And I shall demand
that the accused
be hanged by the
neck until dead.
(gallery murmuring)
(gavel bangs)
Simmer down now,
come on, simmer down.
And you want
this court to believe
that you cut down a dead
man and then shot him, correct?
That's just what happened.
Come now, Mr. Shute.
You know that's not
what really happened.
Don't give me none
of your slack jaw.
How can you be so cat-haired
sure when you wasn't even there?
- (laughter)
- Mr. Shute.
You have heard all the
evidence in this case.
It will be up to you to
decide whether he lives...
or dies.
Now, this could
have all happened
as my client insists.
So if this claim creates a
shadow of a doubt in your minds,
you must free Silas Shute.
(gallery murmuring)
Well, this is a fresh pot of
coffee and it's good and hot.
- Thanks, Sam.
- It's a welcome change.
Wait a minute, just...
put it right there, Sam.
- All right.
- Thank you.
Why don't you go on upstairs
and get yourself some sleep?
Same reason you don't.
You know, I never
would have thought
that a little fella
like that Silas Shute
could make such
a fuss in this town.
I'm telling you, Ben, if
that jury's hung tomorrow,
people are gonna
know something's wrong.
They're already talking.
I wouldn't be a bit
surprised if Seth didn't break.
- You know he's weak.
- He ain't weak.
He's just doing what
he thinks is right.
Can't teach a boy
one thing all of his life
and then expect him
to change overnight.
You do understand
what could happen.
Just 'cause he
votes nay don't mean
the marshal's coming after us.
Besides, Seth may change
his mind before morning.
He better.
'Cause you mark my
words, if Seth votes nay,
Dillon's coming after
us, you wait and see.
He can't prove nothing as
long as we don't speak up.
You never should have
let him serve on that jury
- in the first place.
- Then Matt'd have known
there's something wrong.
I tell you one thing, if the
marshal comes after me,
he's gonna have
to come shooting.
You do what I tell you to do.
I don't want to hear
no more about it.
LATHROP: Seth, I
have here in my hand
sworn statements from
people who not only heard Shute
admit to the shooting,
but brag about it.
I quote:
"Had to shoot him.
"Was gonna bring him in, but
he tried to make a break for it.
Yes, sir, one shot did it."
Now, how much proof do you need?
Seth, we've been locked up...
Listen to me, Seth.
I'm tired. We're
all tired. Now...
Now, you know that
bounty hunter is guilty.
So why do you refuse to
vote the way you should?
You heard what the doc said.
We've been over that
again and again, Seth.
You heard what Sutton said.
He said them bruises
could come from anything.
Falling off a horse.
Shute admitted that he
tried to make a break for it.
Seth, is there any other reason
why you're voting to free him?
And what do you mean by that?
Well, you certainly
can't vote to free him
for the reasons
you've been giving.
I just don't think he's guilty.
You just don't
think he's guilty.
Well, I give up.
You know, we come out
of here with a hung jury,
and there's just
gonna be another trial.
It just don't make sense to me.
We all know he's guilty.
Any man that preys
upon another man's life
for financial gain
is without a doubt
the lowest form of humanity.
And you sit there
and defend him.
LATHROP: Let's start
from the beginning again.
(knocking)
Who is it?!
- Are you fellas through eating?
- Yes, Sam.
I'll take the dishes.
How's it going, Lathrop?
Well, we ought to
be here all night.
We're still 11 to one.
All right, you fellas
break up that poker game
and let's get back to work.
- Come on, Percy.
- (men muttering)
(door opens)
How are they doing, Sam?
They're doing
their job, Halligan.
I know that. Oh, come on, Sam.
Y-You got to have
heard something in there.
I'm not gonna repeat it to
you. Now open the door.
You can tell me.
SHUTE: Festus?
♪♪
This here's my will.
When will I know?
Well, when they...
get done deciding, I reckon.
I ain't got much of
a chance, have I?
Oh, I wouldn't say that.
Shoot, the jury's been
out for pert near 11 hours.
There's bound to be
somebody on it believes you.
Takes 12 votes to hang me?
That's right.
(exhales heavily)
Silas...
how's your wheeze?
(chuckles)
It's tolerable now.
It's just... just tolerable.
Thad, what's this here say?
It's his will.
Well, I know it's his
will. What's it say?
Festus, when are you gonna
let me teach you how to read?
Thad.
"I will to the marshal
"three dollars and my saddlebag,
"and to Festus, my
burro named Old Whitey.
Signed, Silas Shute."
Fella lives his
whole lifetime...
that's all he's
got to show for it.
Come to order.
All right, now.
Mr. Lathrop, have you
folks reached a verdict?
No, sir, Your Honor,
not unanimously.
All of us, except Seth
Rucker, voted guilty.
EVERS: Do I understand
you rightly, Mr. Lathrop...
11 guilty,
one not guilty?
LATHROP: That's
right, Your Honor.
EVERS: Then I
declare this a hung jury.
Court adjourned.
(gallery murmuring)
Thought you was gonna
hang me, didn't you?
You all thought they was
gonna hang me. (laughs)
Well, I'll tell you one thing...
- All right!
- (clamoring)
Aw, turn me loose! You're
just like the rest of 'em.
You thought I was gonna
hang, too, didn't you?
Get out.
(indistinct chatter)
You thought I was gonna
hung. I want my will back!
You can have your will back.
Who asked you for that
measly-footed donkey, anyhow?
Measly-footed?!
Let me tell you something,
you saucer-eared knothead,
Old Whitey's just as sure-footed
as a Rocky Mountain nanny-goat.
He ain't no clod-hopping,
spavin-legged, buzzard bait
like that old mule of yours.
You haven't never saw Ruth.
- How do you know?
- Aw, fiddle-faddle.
Let's go home, son.
I'll be along home soon, Ben.
♪♪
Well, he knows.
What do you mean, he knows?
He knows.
You tell him?
Didn't tell him nothing.
- Where you going?
- I'm leaving.
You told on me and Pa,
and now you're running out.
- I ain't running out.
- Well, what's the marshal
gonna think, you running
out right after the trial?!
I told you, I ain't running out.
It ain't your skin you got to
worry about, you know that.
Well, whose skin you worried
about, Gabe, yours or Ben's?
You ain't going no place.
You get your hands off my gear.
You heard what I said.
You heard what I said.
(grunting)
Gabe!
I never thought I'd see
the day when my sons
would turn against one another.
You could've killed him!
- He told on us, Ben!
- I didn't tell.
Then why is he leaving?
Leaving?
Is that right, Seth?
Yeah.
If it's about the trial,
I told you to do what
you thought was right.
What I thought was right, Ben?
You know I was right!
I couldn't just sit
there and let 'em hang
an innocent man,
I just couldn't!
The marshal knew that!
That's why he put me on
the jury stand... he knew it!
He knew you were
weak! That you'd break!
- Hush up!
- But he is!
Listen to him alibi himself
'cause he ain't got no guts!
It ain't right, what
we're doing, Gabe.
Can't you see
that it ain't right?!
Remember when we
were kids, when Ben
used to tell us about what's
right and what's wrong?
Well, I remember that.
So don't jump on me now
because I can't live your lie!
'Cause I can't!
Ben, I always wanted
you to be proud of me.
Everything I ever did, I
wanted you to be proud of me.
So don't ask me to change
now, because I can't.
Okay?
♪♪
You all right?
We've been wrong, son.
Wrong in killing a man.
Wrong in trying
to blame another.
I tried to raise you
boys to do the right thing.
To be proud of yourselves.
One another.
And of me.
I knew what we done
wasn't the right thing,
and that ain't like a Rucker.
We've always taken
as well as we've given.
Tomorrow morning,
I'm going into town
and tell Matt Dillon.
Pa...
I've made up my mind, Gabriel.
♪♪
I reckon you know
why I'm here, Matt.
I mistook Jed Bailey
for one of the rustlers.
I hung him.
It was...
it was just as much
me as Ben, Marshal.
We both hanged Jed Bailey.
Somebody inside
you might want to see.
Seth didn't have
nothing to do with this.
GABE: That's right.
He told me you'd say that.
Well, he didn't.
And that's the
straight of it, Matt.
I believe you, Ben.
Ben.
I'm sorry.
I'm not.
I'm proud of you.
You Ruckers almost got me hung!
- That's enough out of you, Silas.
- Well, they did.
Ornery bunch of coyotes,
framing me like they done.
It was a Rucker
that saved your neck.
You mean him?
Aw, he ain't no Rucker.
I know the story on
that poor foundling.
GABE: Hey!
His name's Seth Rucker.
Don't you forget it.
DILLON: Festus, get
him out of here, will you?
All right, foot in the
mouth, get to gettin'.
Go on.
Son.
You take good care of the place.
Yeah, I will.
Don't you worry about anything.
Let me know if
my mare's in foal.
I will, Gabe.
And don't you worry.
Boy.
Seth Rucker.
You got good in you, son.
Keep your powder dry, Festus.
Keep your chin
to the wind, Silas.
What's gonna happen
to 'em, Marshal?
They gonna hang?
No, I... I don't think
they'll hang, Seth.
But they may spend
a few years in prison.
Looks like you have to
take care of that place
by yourself out
there for a while.
Think you can handle it?
Yeah. Yeah.
(sighs)
ANNOUNCER: Stay tuned for
scenes from next week's Gunsmoke.