Gunsmoke (1955–1975): Season 4, Episode 2 - The Patsy - full transcript

Matt doubts the veracity of Long Branch hostess Holly Fanshaw's claim that she saw trail drover Fly Hoyt murder young Dave Thorp. His suspicions increase further when Hoyt voluntarily returns to Dodge in order to clear his name.

James Arness as Matt Dillon.

Boys, I hate to say this,
but won ya again.

Four aces.


Hey, Kitty...

Oh, hey, now.

Wait a minute.

You know, what you need
is another drink.


Oh, my goodness,

it just seems to get
hotter and hotter in here.

Yeah, it does for a fact.

Would you like to go out back
and get some fresh air?

We could slip out
and no one'd notice.

Well, um, you don't think
it'd make any trouble?

Of course not.

Come on.

There you are.

- Kitty.
- Thank you.

Thank you, Kitty.

Got a whole bottle.

Nice night.

Sort of cool out here.

Yeah, it is.

It's, um...

kind of nice being out here
alone with you, Miss Holly.

Is it?

You're, uh...

You're awful pretty.


Oh, Miss Holly, I...

Must have been around back.

Around back, boys.

What in thunder is goin' on?

I don't know, Doc.

Where's Matt?

He's in his office.

Well, I guess
I better go get him.

No, no.
He heard it; he'll be here.

Let me through here, boys.

Who is it?

That's Dave Thorp.

Pretty bad, Doc?



Dave, can you hear me?

Can't help you any, Matt.

Anybody see this happen?


Most of this bunch came out
of the Long Branch, Matt.

I was coming up the street
for a beer.

There was nobody
out in front at all.

Gun's still in his holster.

He was shot in the back.

I don't understand it.

He's a fine boy.

Didn't think he had an enemy
in the world.

He had one, Doc.

Yeah, he did for a fact.

Mr. Dillon...
here comes his brother.

He's dead?


Who done it, Marshal?

Well, Joe, I was hoping
you might have some idea.

Do you know anybody he might
have had a run-in with lately?

Nobody in this town

ever had a grudge against Dave,
you know that.

Nobody ever said
one bad word against him.

Just don't seem right, Marshal...

a boy like him
that always worked hard.

Pulled his share of the load
ever since Pa died

and we took over
the hide business.

Only kin I got... shot down.

Shot right down on the street.

You find that killer,
you hear me?

Joe, I'm sorry about this.

I'll do everything I can
to help you.

You find that killer, you hear?!

If you have to tear
Dodge City apart, you do it!

'Cause if you don't, I will.


Now, I can understand
how you feel,

but don't start
talking that way.

You leave this up to me.

You find that killer,

You know, all them empty cells
out back there, Mr. Dillon...

I sure wish that we could
fill one of them.

Yeah, so do I.

Body just can't kill somebody
and then just disappear.

Well, they seem to have been
doing it so far.


Mr. Dillon, how much sleep
did you get last night?

Oh, about an hour, I guess.

Well, I'll have some coffee

fixed for you in a minute.

It'll help fix you up.

Y-You think that that
Joe Thorp's gonna cause trouble

like he said he was?

Well, probably,
unless we find the killer.


He and Dave were always
pretty close, you know.

They lived together,
ran the hide business together.

Still didn't give him any call

to talk to you
the way that he did.

Aren't you gonna put the egg in?

Well, Mr. Dillon, ain't no need
to waste a whole egg.

Well, look who's coming.

Hi, Kitty.

Hello, Matt.
Hey there, Chester.

Miss Kitty.

Uh, I want you both
to meet Holly Fanshaw.

- Howdy do?
- How do you do?

Holly's kind of new
in Dodge, Matt.

She's got something
she wants to tell you,

but she was afraid
to come here alone.

Is that so?

It's about the shooting.

What about it?

Holly saw it happen.

She did?

Well, now, suppose you
tell me about it, Holly.

Go ahead, honey.

I was with him, Marshal...

with Dave, I mean...
when-when he got shot.

You were?

It was hot in the saloon,
and Dave wanted some fresh air,

and... well, maybe he'd had
too many drinks.

Go on.

Well, that's about all.

We-We went out back.

Well, uh, did anybody
see you leave?

I don't know.
I don't think so.


Well, then, uh, what happened
when you got outside?

Well, we-we stopped to talk,
sort of, and...

just then, a man stepped
out of the shadows behind Dave

and aimed a gun.

And before I could yell
or anything,

he fired, and Dave fell.

And then the man ran down

between the two buildings
and got away.

Did you get a look at him?


I saw him.

I know who it was.

You didn't tell me that.

Well, I was afraid to.

That's why I ran away, why I
didn't say anything last night.

I was scared,
and-and I still am.

I'm scared to death, Marshal.

Well, Holly, you don't
have to worry about that.

I'll see that you're protected.

Now, who was it?

It was a cowboy he had
an argument with at the bar.

A trail driver from Texas.

You remember, Kitty.

Yeah, now that you mention it.

A few words passed between them.

It didn't seem like anything.

It... it was one of
that XT bunch, Matt.

You know his name?

I think they called him
Fly Hoyt.

I'd never heard of him before.

Chester, get over and find out

where that XT outfit's camped,
will you?

Yes, sir, I sure will.

Excuse me.

Now, Holly, are you sure that
you saw this man fire the shot?

Yes, I saw him.

I guess he was just
waiting out there.

Holly, are you willing
to testify to this in court?


All right.

Now, you stay with Kitty here.

She'll protect you and see that
you don't get in any trouble.

Matt, that XT bunch is tough.

They take care of their own.

It's not gonna be easy.

Oh, I know it.

That's why I might as well
get started.

- Bye, Holly.
- Bye.

Be careful, Matt.

Oh, Mr. Dillon,
hold up a minute, will ya?

Something the matter?

Oh, this durned old horse
has done it again.

Sneaked a belly full of wind
on me before I cinched him up,

and now he's trying
to slip the saddle on me.

Well, he does that all the time.

You ought to be on to
him by now.

Well, I know,
but he always looks

so doggone innocent
about it's all, is the thing.

Mr. Dillon, uh,

about this XT outfit
being so rough and all...

is that really true?

I hear they're a pretty
rough bunch, Chester,

and they got no use
for Kansas law, either.

They'll stick together like
a bunch of hillbilly cousins.


Well, they probably ain't gonna

take too kindly
to us coming out there

to arrest this Fly Hoyt, then.

No, probably not.

You know,
I hear this Cavanaugh...

this feller
that bosses the outfit...

I hear he's a real curly wolf.

Well, I never met him.

Well, if him
and all the rest of the outfit

back this Hoyt up,

well, it's... it's just
gonna be hard, Mr. Dillon.

We'll get him, Chester,
if for only one reason.


He shot Dave Thorp in the back.

I'm ready anytime
you are, Mr. Dillon.

All right, let's ride.

Looks like we're expected.

Yeah, they sure don't
look too friendly, do they?

No, they don't.

You Jim Cavanaugh?

That's right, Marshal.

And I got eight boys here,
along with myself,

that say you better
climb into that saddle

and ride back
where you come from.

Well, I can see you know
what I came here for, anyway.

There's word around that
some girl from the Long Branch

has been shooting off her mouth
about one of my boys.

Fly Hoyt.

She says she saw him kill a man.
What about it?

We don't figure it's polite

to ask a man about his personal
business, Marshal.

You figure murder is polite,
do you?

Now look, you may be the law
around here and all that,

but you're Kansas law, Marshal.

That don't mean much
to us Texans.

Now, mister, maybe it'll
mean something to you

before you leave here.

You're getting pretty sassy,

You know, we could bury you
right where you're standing,

run a couple of thousand
longhorns over your grave

and nobody'd ever find you.

Don't be in a hurry
to run the weight off your herd.

I'm not buried yet.

Now, which one of you men
is Fly Hoyt?

Keep your mouth shut, Hoyt.

What's the matter, you
afraid to let me talk to him?

Or maybe he's the one
that's afraid, huh?

I figured he was that kind of
man even before I came out here.

Takes a real coward
to shoot a man in the back.

Now, that's something
ain't nobody

ever called me's a coward.

You fool, Hoyt.

Oh, it's all right,
Mr. Cavanaugh.

I ain't scared
to answer his questions.

What is it you wanted
to know, Marshal?

I want to know about
that killing last night.

Well, I didn't have
nothing to do with it.

A girl named Holly Fanshaw says
she saw you.

Yeah, I heard she said that,
but she's lying.

I don't know why she is,
but she is.

Where were you
when this killing took place?

Nowhere it'd do me any good.

Why, Fly,
we all know where you was.

No, no, no, Mr. Cavanaugh.

I got to do this my way.

The boys here are just fine,

They'd swear to most anything
I wanted them to.

The fact is,
I'd already left the saloon

and gone on up the street.

I was all alone
when I heard that shot.

Well, Marshal,
looks like you had

a long ride out here
for nothing.

Look, uh, how about coming back
into Dodge with me?

Facing this Holly
and having the whole thing out?

I don't know about that,

Folks back in town
likely on the prod.

They might not even
listen to me.

Just go out after a rope
and a cottonwood limb.

You'll be protected,
I'll see to that.

Don't pay him no mind, Fly.

You know you can't trust
a Kansas lawman.

Lawmen ain't all the same
though, Mr. Cavanaugh.

He's lying to you.

He knows he can't take you
any other way.

Look, you'll get fair treatment,
Fly, I promise you.

Just say the word, Fly,

me and the boys
will take care of him for you.

Well, how about it?

Well, I... I ain't a killer
and I... I ain't a liar.

I'd sure hate
to ride out of here

and leave folks thinking
I shot a man in the back.

Don't be a fool, Fly.

I reckon I'm willing

to ride on back into town
with you, Marshal.

Just to clear my name.


Get your horse.

Well, Marshal...

Didn't take you long, after all.

This is Dave Thorp's brother.

You're Fly Hoyt, ain't ya?

That's right.

Yeah, that's what I thought.

Seen you in the Long Branch
last night.

You might have. I was there.

Don't you get smart
with me, mister.

I'll kill you
right where you stand

without waiting for you to hang.

Take it easy, Thorp.

Take it easy?

Dave wasn't your brother,
Marshal... he was mine.

And a finer boy never lived.

When I get to thinking
of this dirty coward

- shooting him in the back...
- That's enough!

- Why you...!
- Hold it, Thorp.

Put that gun away.

Go on.

All right, Hoyt,
there's a boardinghouse

around the corner...
Ma Smalley's.

Kitty's over there keeping
an eye on Holly.

Go on over there
and wait for me.

All right, Marshal.

What are you doing?

Why are you turning him loose?

He was never any way but loose.

- I haven't arrested him yet.
- Why not?

The girl saw him do it.
What's the matter with you?

It's her word against his,

and he claims she's lying.

Now, he came all the way
into town voluntarily

to try and prove it.

Now, I told you once before
to leave this to the law.

Sure, leave it to the law.

I can see what good
the law is going to do.

My brother laying dead and his
killer walking the streets free

while you're busy disarming
honest citizens.

If he's guilty,
the law will take care of him.

Looks to me like the law's
taking care of it now...

real good care.

Marshal, a lot of Dave's friends
around this town

ain't gonna like
what's happening.

All it'll take
is somebody to... to lead them,

and they got somebody
right now.

Thorp, you try
something like that,

it's going to be the sorriest
day of your life.

You mean the sorriest day
of yours, Marshal.

And your friend Fly Hoyt's.

You wait and see.

He ain't one to run a bluff,
Mr. Dillon.

He means it.

Well, I can understand
how he feels about his brother,

but he's acting like a fool.

Better break out a couple
of shotguns, Chester,

load 'em up.

We may need 'em.

Yes, sir.


Come here a minute, will you?

What is it?

Fly Hoyt.

I saw him hanging around here
a few minutes ago,

and I told him to beat it.

He claimed he was waiting
for you.

Well, he was. Where is he?

Well, I don't know.

Maybe I really scared him.

I hope you know
what you're doing.

What do you mean?

By not arresting him.

He said you hadn't.

Now, Kitty,
there's too many things

I have to find out
about this first.

He claims that Holly
is lying.

Well, why should she be?

I don't know.
That's what I have to find out.

Where is she?

She's down in her room.

Look, what do you actually
know about her, Kitty?

She keeps pretty much
to herself.

Any man in particular?

Not that I know of.

What about Dave Thorp?

You know, Matt,
it's kind of funny about that.

You know, last night was
the first time I can remember

ever seeing her talk to him.


Matt, I, um...

Gee, I hope
you're not making a mistake...

about Fly Hoyt, I mean.

Well, I want to tell
you something, Kitty.

I think I'd believe him

before I'd believe Holly,
if it comes to that.

What reason would she have
to lie?


All right, what happened?

I don't know.

I... I come in the back way...

I come up to the door.

Holly opened the door.

I step inside...
somebody hit me.

I don't remember.

Are you trying to tell me
she hit you?

No, no, somebody else...
behind the door.

I couldn't see.

Nobody else has come out
of here, Matt.

That your gun?


It's been fired.

I didn't do it, Marshal.

I don't know how
it got on the floor.

Who do you believe now, Matt?

I ain't ever killed nobody
in my whole life, Miss Kitty.

And I'd sooner blind a horse
than hurt a woman.

That's the truth.

Why tell me?

Tell the marshal.

You learn slow, don't you, Matt?

Hold it.

What are you doing, Marshal?

Let's go, come on.

What was that shooting
up the street?

Holly Fanshaw got killed.

Killed? How?

Somebody came in, slugged him
and used his gun to kill her.

You mean, that's what he said.

That's what he says.

I guess there ain't
no doubt now.

Come on, boys.

Hold it.

All of you,
stay right where you are.

Hoyt, get over there.


Yes, sir?

How long these men
been here, Chester?

Well, uh, most of 'em
since just after you left.

Except Thorp there.

He just come up.

So you're all convinced
that Fly Hoyt's guilty, huh?

Convinced enough to take him
away from you, Marshal.

Let me ask you something, Thorp.

Where were you just now
when Holly was killed?

What do you mean?
What difference does it make?

It makes a lot of difference.

What are you talking about?

It's no use, Thorp.

I know who killed Holly,

and I also know
who killed your brother.


You did.

What are you talking about?

You... you gone crazy, Marshal?

Hoyt didn't pass out right away
when he got slugged.

He saw who hit him.

Go on, tell him, Hoyt.

It was him.

It was Joe Thorp.

You must have wanted
that hide business awful bad

to kill your own brother for it.

You watch what
you're saying, Marshal.

Why'd you kill Holly?

Afraid she'd talk?

All right,
you men were friends of his...

get him out of here.


How'd you know
he'd done it, Marshal?

I didn't.

I bluffed him.

By golly, wait till I get home
and tell the folks

about the Kansas lawman I met.

They ain't ever gonna
believe me again.

Well, I don't know...

they're pretty used
to tall stories down in Texas.

Well, thanks, Marshal.

- So long, Hoyt.
- Bye.

Well, I still can't understand
a man killing his own brother.

Well, it's one of the oldest
stories in the world, Chester.