Gunsmoke (1955–1975): Season 13, Episode 16 - The Victim - full transcript

Gunsmoke, starring
James Arness as Matt Dillon.

You chosed a half-wildcat
half Rocky Mountain grizzly,

who kicks harder than
a Santa Fe lead mule.

Best say "enough"
boy. Best say it.

Say it or I'm going to kill
you. I'm going to kill you.

That's enough.

Stop it you, dumb ox. Now
can't you see he's had enough?

Ain't said so yet. Ain't
told you I licked him.

Enough. Enough.

- You have that drink with me now, Lee?
- No.

- Said you'd drink with the winner.
- You said it. I didn't.



Come on, Lee.

I bet if my name was Billy
Martin you'd drink with me.

Oh, I'd take on the whole
state of Kansas for you, Lee.

Want anybody fixed?

I'll have them wishing
they was never born.

Oh, you really know the
way to a girl's heart, don't you?

Just tell me what you
want. I'll do anything you say.

Is that a promise?

Word of honor.

All right.

You get out of here
and you leave me alone.

- Hi, ya, Billy.
- Hi.

How's your pa feeling, Lee?

Jim's fine, Billy.
Thanks for asking.



How's Wes?

Dad's up in Kansas City
selling beef right now.

I've been waiting
all week to see you.

Oh, you, you see that, Bo?

He didn't win anything
either. Or maybe he did, huh?

Drinks on me, fellows.
Billy's passing this round.

You've built up enough
steam for a freight engine.

Compliment or complaint?

Both.

Don't forget you're
going with a woman

that's almost old
enough to be your mother.

They start having kids at five
where you come from, do they?

Wouldn't surprise me a bit.

They sure do grow women there.

Mmm... Billy.

Billy, come on now, please.

I've gotta go back,
Billy. Please, Billy.

Billy, come on now.

Come on, honey, please.
Please, I've gotta go.

Billy, I'm not kidding. I
really do have to go, Billy.

- Billy, I mean it! I...
- She said to let her go!

Get out of here.

Billy, come on now, please.

Do you want me to teach
him a lesson, Lee? Just say so.

Three's a crowd, fellow.

Billy. Billy.

Come on, now.

Don't! Don't!

I'm going to kill you,
Boy! I'm going to kill you!

No! Don't! Don't, Bo!

You murderer!

You killed him! You killed him!

He killed him!

You murderer! You murderer!

You killer! You killed him!

You murderer! You killed him!

They ain't going to
hold off much longer.

They will till Wes gets here.

You ain't going up
against him, are you?

I don't know.

You don't know?

Joe, there isn't a man out
there who didn't get water

from Wes Martin in drought time.

And who wouldn't get a side of Martin
beef if he couldn't feed his kids, huh?

Yeah, and who out
there doesn't owe him,

and him never asking
for nothing back?

You ain't telling me
nothing I don't know.

Oh, look, Joe, that
muscle head killed his boy.

I see Wes being in the right.
And so does everybody else.

Hey, hold it! Hold it!

What's a U.S.
Marshal doing here?

I sent for him.

You sent for him?

That tells me loud and
clear where you stand.

Joe, I ain't saying good luck,

'cause I don't wish you any.

You got no business
here, Marshal.

Move out of the way.

Make us.

No!

We'll wait till Wes gets here.

Well, Sheriff?

Glad you got
here first, Marshal.

Marshal.

I hope he gets a fair trial.

But it's your problem.

Well, that badge you're
wearing there says different.

What's it say now?

Well, that says
you're running scared.

Maybe it looks that way, but no
mob ever took a prisoner from me.

It's... it's just that Wes
Martin is my friend,

everybody's friend.

About the best man I ever knew.

Yes, I know what
kind of man he is.

At least I thought I did.

You wasn't wrong.

Bo Remick ain't... ain't
worth his little finger.

If Wes was sitting in that
cell, I'd turn him loose.

That's how strong I feel.

Well, I'm sorry to hear that
because you're carrying things too far.

Farther than he'd want you
to if he was thinking straight.

Now you can quit
if you want to...

after this thing is over.

I can't make up my mind
about anything today.

There's Wes.

There's a U.S.
Marshal inside, Wes.

Wood sent for him.

Mr. Martin.

You had no call to bring
in any outsiders, Joe.

Should have come to me
first. I figured you owed me that.

Martin, this town's
in my jurisdiction.

Nobody gets hung here unless a
judge says so. And you're no judge.

Don't you go telling me
about marshaling, Dillon.

I wore a badge once myself.

Well, you must have
seen lynchings in your time.

You know what can happen to your friends
out there if this thing gets started.

- Now, why don't you send them home?
- I didn't tell them to do anything.

No, and you haven't
told them not to, either.

They'd listen to you if you did.

There was a time I might have
agreed you was right, Marshal,

but there are times when
circumstances alter cases.

No, they don't, not even
when it's your own boy.

They do, Dillon.

You might like to say that
they shouldn't, but they do.

You never knew my
boy Billy, did you?

Ah, he was a good boy.

He never got anybody
into any trouble.

He was always...
always heading it off,

always doing what was right.

Ain't...

Ain't you got no
sense of values, Dillon?

Huh? Look!

That's what you're
standing up for!

A good for nothing who
never did anything for anybody.

Do you think anybody
values his friendship, huh?

No, he's nothing, he's
got nothing, a nobody.

Nothing.

Except life.

He's alive, and my Billy's dead.

You know that
ain't right, Marshal.

Marshal that...
that ain't justice.

Martin, I'm sorry
about your boy.

And I understand how you feel.

But that still doesn't
justify handling it this way.

Do you know how it was, Marshal?

Tell them, Brock.

We all heard Lee
yell, "Bo, don't."

Then we heard him.

"I'm going to kill you,
boy. I'm going to kill you."

That's what he said.

That's what he done.

You believe him?

Martin, it doesn't matter what
I believe. I'm not the judge.

I always respected that star.

But this time I'm going to
walk all over you, Marshal.

Martin?

I'm ordering you out of town.

You're ordering Wes
Martin out of Martin's Bend?

Right now.

You with him, Joe?

Wes...

if there was any other way...

You can't have it both ways. If
you ain't with us you're against us.

He's neither.

And it's your loss
if you can't see it.

I made up my mind,
Marshal. Thanks.

How you calling it, Wes?

Mr. Martin?

It's out of my hands, boys.

Mr. Dillon's running
the show now.

Maybe Dillon is,
and maybe he isn't.

Anybody doubt what
ought to be done?

Let's go over to Stark's
and talk on it some, huh?

It's going to take them a
while to get liquored up.

Blame me for trying, Marshal?

Bo, I want you to tell me
what happened out there.

Marshal, you ain't going
to let them hang me?

I want to hear your story.

I didn't mean to
hurt Billy, Marshal.

Honest. Never meant
to hurt him at all.

A whole lot of people
heard you say different.

Only way anybody ever pays me
heed is by me putting a scare in them.

Why were you
trying to scare Billy?

I liked Billy, Marshal.

Don't guess he liked me much.

Truth is, don't guess he figured I was
worth thinking about one way or t'other.

How did this fight start?

He pushed me.

Wasn't no fight, nothing like that.
Tried to scare him out of the way.

He wouldn't move, so I pushed
him back, but light like, shove.

He fell...

and he just laid
there, skull cracked.

Well, you believe me, Marshal?

If you're telling the truth there's a
whole lot of people around here lying.

Come on, boys. We'll get him,
I've got the rope. Let's go, let's do it.

Come on, let's do it!

That's far enough, right there.

You taking us all on, Marshal?

That's right, you and
your friend here first.

Well, getting us ain't
going to do you no good.

You and him ain't enough to handle
this whole bunch. That right boys?

All right, you two, inside.

Oh. You're arresting
us, Marshal?

Inside.

Do something, Reed.

He ain't that stupid,
are you, Reed?

Let's go.

Why not?

How long you think
you're going to hold us?

Here, put those on.

Deputy? Us?

You ain't asking us to hold
shotgun against our friends, are you?

I'm not asking
you, I'm telling you.

Not until the cows
come home, we ain't.

Wait a minute. Why not?

Sure, Marshal, I'm only sorry
we didn't think of it ourselves.

Put it on.

Right enough, anything
you say, Marshal.

Why, if them boys outside had
known what you had in mind,

the whole bunch of them
would have volunteered.

Yeah.

Hey, looks real
pretty, don't it, Bo?

Hold on a minute.

Raise your right hands.

Sure.

All right. Now, do you both swear
to faithfully uphold your duties

as deputy United States
Marshals to the best of your ability?

Sure.

Yes, you bet your life.

No, you just bet yours.

I'm going to tell you
what those badges mean.

That means that you're
duly sworn deputies

of the United States Government,

in whose services you'll
be paid two dollars a day

to protect with your lives, if
necessary, federal property.

Now it so happens that Bo Remick
here is in federal custody right now,

so if your friends get to him it
better well be over your dead bodies

or the United States Government
will hang you for lynching.

Hey, just a minute, Marshal.

I am un-deputizing
myself right now.

- Yeah.
- You just swore an oath, mister.

You're legally deputized
until I personally release you.

Put it back on.

Make me.

It'll be a pleasure.

Lefty! Crow! You all right?

This boardwalk's the deadline.

Deputies?

I guess Dillon never heard of
the Trojan horse, huh? Come on.

Ahhh.

Lefty, are you gone loco?

I'm sorry, Reed, honest.

It's darned if we do
and darned if we don't.

But it'll hurt a lot less if
we don't. Now get back!

Nobody crosses that line.

This Lee Stark,
where can I find her?

She runs the saloon.

But she'll be home now
getting her pa's dinner.

She lives in the first
house just outside of town.

- Keep an eye on things.
- Okay.

- Lee Stark?
- Yes.

My name's Matt Dillon, Miss
Stark. I'm a United States Marshal.

I thought you'd be
busy at the jail, Marshal.

I'd like to talk to you
for a minute if I could.

What do you want?

Bo Remick claims that you were
a witness to Billy Martin's death.

I was there.

I'd like to know how it
happened, Miss Stark.

Bo killed him.

Yes, but how?

Well, Billy asked
me to go for a walk.

We went outside and
stopped for a minute and talked.

Now, Bo claims that you
were begging Billy to let you go.

Oh, we were joshing, funning
like we have dozens of times.

It was Saturday night
and I had to get back.

My father. This
is Marshal Dillon.

How do you do.

Could Remick have had any
reason to think you needed help?

Why, of course not.

Bo Remick is a filthy bully who
had no call to be anywhere near me.

You can ask anybody. He
pestered my daughter to distraction.

If you want my opinion, I think
he killed Billy 'cause Lee liked him.

Well, Remick seems to
feel it was an accident.

I've already said
all I'm going to say.

You're the only witness. Whether he
lives or dies is going to be up to you.

All right.

See you at the trial.

What's the matter, Lee? You
hiding something from the marshal?

No. I'm not hiding anything.

Well, Remick deserves
to hang, doesn't he?

You heard what the marshal said.

It's on my word alone.

Maybe I don't want his
dying on my conscience.

Conscience?

I don't understand you at all.

Billy was one of the finest boys I
ever met, and you thought so too.

We owe Wes Martin plenty. The
least he can expect from you is the truth.

In a way...

well, you might could blame me.

I mean, well, Billy and I, we...

I know all about you and Billy.

We were funning outside the place,
and, well, you know how we did.

I've heard it all, Lee.

Bo, he, he was
always hanging around.

And my father said, maybe
Bo killed Billy out of spite.

And if that's true,
then it was my fault.

Stop blaming yourself, girl.

I don't.

The marshal came to see me.

Hm.

Doing his job.

You set him straight?

I told him what I
told everybody else.

I'm sorry, Wes.

If you'd only gotten married...

and left something of himself.

This place is so
empty without him.

It's never going to be anything
but empty here from now on.

It takes all the
meaning out of things.

It's wrong.

Oh, it's so wrong, everything you've
done, and now Billy's dead on account

of that Bo Remick,
it's just wrong.

It'll be made right.

What'll it change?

Everything all right, boys?

What did she say, Marshal?

What do you know
about this Lee Stark?

About everything.

Her and Billy Martin had a
now and then thing going.

Her father was a drover
for Wes, a real top hand,

till a mustang
stomped his spine.

He's been in a
wheelchair ever since.

And now they own the saloon?

That's right.

Well, you don't buy a
saloon on drover's wages.

Wes helped.

He figured a
handout would kill Jim.

The saloon helps him keep his
pride. Don't hurt Lee's none, either.

So I see.

Do you suppose there
are 12 men left in this town

who haven't already made
up their minds about this case?

I doubt if there's two.

Wes'll be expecting it.

Probably.

What's the use?

Well, it's a gamble
against a sure thing.

It's a chance worth taking.

Come on.

Good luck.

Can't say I didn't stay out of
town like you told me, Marshal.

But this town's where
he killed my son,

and this town's where
he's going to hang.

If he hangs it's the law that'll do it.
Now, get these men out of the way.

Let's get it done with.

Hold on, Brock.

No good for nothing's worth
gunning down a U.S. Marshal.

All right, Dillon, you
win. He gets a trial.

In Martin's Bend?

In Martin's Bend.

You might as well lynch him
here. What's the difference?

You know what circuit rider
judge is going to try the case?

Josh Pike.

Josh Pike.

You going to tell me Josh
don't run an honest court?

No.

All right, boys.

Let's see the marshal and his
prisoner get safely back to town.

Anybody lays a hand on either
one of them will answer to me.

You know, Martin, twisting
a law to lynch a man for you

is just as bad as
doing it yourself.

There just ain't no pleasing
you, is there, Dillon?

After you, Marshal.

This court is now in session,
His Honor Judge Pike presiding.

Call the first witness.

Do you need one of these?

I don't know what to
say when I get out there.

Well, why don't you
try telling the truth.

You're the only one
who knows what it is.

Whoever said the truth hurt really
knew what he was talking about.

Yes, but who's it
going to hurt, Lee?

You better give that a lot of thought,
because you'll have to live with it

for the rest of your life.

Let's go.

Do you swear to tell
the truth, Miss Stark?

Sit down.

All right, let's hear it.

Billy and me, we...

we were in the alley talking.

He didn't want me
to go back to work.

Giving you trouble, was he?

Well...

sort of.

Real trouble, or the
kind a woman likes?

Funning.

I...

I kept telling him to let me go.

But it wouldn't have
made you mad if he didn't?

Bo, he...

he heard it and...

he asked me if I
wanted Billy fixed.

Billy didn't like that and...

and there were words...

and...

and then Billy shoved Bo and...

then...

Go on.

Well, then Bo...

shoved back and...

and threw him.

And Billy's head
hit the... wheel rim.

This is mighty important, Lee.

All this pushing and shoving.

What would you call that
last toss Bo gave Billy?

Was it a brawling
toss or killing?

Well, it...

It's hard to tell what's
in a man's mind.

The look on his face
says it sometimes.

Killing.

Louder.

- Louder!
- Killing!

Lee...

Mr. Remick.

Lee...

Bo, come on.

Mr. Remick,

is there anything
you wish to say?

No.

Nothing.

What could he say?

On the basis of the evidence
presented here in this court,

I have no choice but to find
the defendant guilty as charged.

You're excused, Miss Stark.

I'll pass sentence
tomorrow morning.

Tomorrow?

Why?

He's guilty. You
said so yourself!

Tell him now! Tell
him he's going to hang!

Don't give me no
orders, Wes Martin.

Sheriff, remove the prisoner.

Let's go, Bo.

All right, Dillon, you had your
chance, I played your game.

I bent over backwards.

But it's all over now.

Wes, I'm the one who
decides this trial is over.

No you don't, Josh!

You had your chance, too.

He's right, you know.

It is over.

Going to say you don't have a
feeling about that story of hers?

Of course I have.

But I've got to decide this case on
the basis of the evidence, don't I?

On what she said under oath.

Otherwise I'm just as
wrong as Wes Martin.

Have the prisoner here at
ten o'clock for sentencing.

Enough.

Enough.

Is that what you said to me?

Only it ain't going to
do you no good, boy.

Lee...

Please tell them
how it really was.

Lee, please, please,
Lee, tell them how it was.

Stop! Hear, Stop it!

All right.

But a ton of lard like you
has got to be hung real good.

I seen a big fellow like you
dropped once in Santa Fe.

Rope was too long.

Oh, what it did to him.

But don't you worry none, Bo.

We're going to see
that you get a short rope.

Too short to crack your neck.

And that way it
takes a lot longer.

You know, Wes, that's
the way he'd want it, too.

Can't hang me any
higher. Unlock the door.

Move out, boy or
I'm going to kill you.

I'll kill you both.

Do it, Crow. Do it, Crow.

I'm just doing my job, Marshal.

Joe! What happened?

Bo broke jail. Dillon
and I'll handle it.

No!

Not this time, Joe.

Come here.

Take him inside and lock him up.

I'm sorry, Joe.

Hear me. Hear me.

Seal off the town.

Surround it. I want a net.

And everybody move in.

Comb every hayloft, every crate,

every back room and alley.

Find him.

Bring him here to
me. I'll be waiting.

Bo?

Expecting him?

I thought he might come here.

So did I.

It's about the only place he can come
to he won't get shot down like a dog.

Or will he?

There he is!

Wes?

Wes?

Lee... Lee, you know I
didn't mean to kill Billy.

- Why did you say it?
- Do something.

- Huh?
- He's in there. The marshal's with him.

Dillon!

Let's talk.

Don't let them take him.

Better make up your mind.

You can't have it both ways,
you know, and time's running out.

Dillon...

he had his trial.

Fair trial.

We went your way
all the way, didn't we?

Now we're going to
do you a little favor.

You ain't going to
have to hang him.

He's not worth it.

Coming around to
my way of thinking?

You're undoing all you ever
did for these people, Martin.

They all loved my son Billy.

They're just doing
what they think is right.

And you know better.

Well, let's get Bo
Remick out here.

We're coming in, Lee.

Give him to them, Lee.

Wes, don't. Please.

You already said all
we have to hear, Lee.

Scatter!

All right, we'll burn them out!

Lee girl, are you crazy?
Let them have him.

I tried, Pa. I thought I
wanted the same thing but...

I'm sorry.

Oh, Bo.

I'm sorry.

Lee...

I know what I am,

what folks think.

But I just feel
that what I am...

ain't got nothing to do with...

feeling like I do for you.

Pile it up.

Now, I want five
minutes in there.

Or are you going to
shoot me in the back?

Five minutes, Dillon.

Lee, let me in.

Take them outside,
Marshal. I'm staying here.

Didn't you hear him? They're
going to burn the house.

Go or stay, he's a
dead man, either way.

- No question about who the killer is.
- No.

It's on your word that
those people are out there.

- That's not true.
- If it's murder everybody's clean.

If it was an accident, some of
them may have to take sides,

- you've fixed it so nobody has to do that.
- No.

Nobody has to go up
against Wes Martin.

It wasn't an accident.

- I don't believe you.
- Everybody else does!

How much can you
owe one man, Lee?

How much is a saloon worth?

That's not the reason.

Well, what is?

Let her be.

You let her be!

Bo!

Wes, please! Make
them listen, please!

Make them listen,
please. It was an accident.

Accident?

Yes.

Bo shoved Billy.

That was all.

His spur got caught.

And he fell.

And he hit his head.

Bo didn't mean to harm him.

She's lying.

No.

She's telling the truth.

I'm sorry, Wes.

Lee, why the lie?

Because the big stupid
animal wouldn't let me alone.

Because Billy was dead on
account of him. Because...

I loved Billy and he was dead.

It just...

Just as simple as that, Wes.

I'm grateful to you and...

a lot of people
in this town are.

We owe you a lot.

I guess if...

If seeing that Bo
Remick got lynched...

would help to make Billy's
death easier on you, well...

I guess a lot of people would
like to see he was lynched.

But I...

I just can't be one of them.

I just can't.

No matter how much I owe you.

Owe me?

Wes, if it wasn't for him,

Billy would still be here.

Only difference is she
and him was both to blame.

That's what it's
been all the time?

They felt they owed me?

Guess too much of anything
can be dangerous, Martin.

Even gratitude.

Well, folks, which
way you headed?

We're looking to find ourselves
a new town, buy another saloon.

Not taking much with you.

Well... we're...

We're taking enough.

- Goodbye, Marshal.
- Good luck to you.

Stay tuned for scenes
from next week's Gunsmoke.