Gunsmoke (1955–1975): Season 5, Episode 14 - False Witness - full transcript

A man is convicted of murder on doubtful testimony.

Starring James
Arness as Matt Dillon.

- Who done it?
- I don't know.

These shots came from the alley.



Well, let's take a look.

Somebody better
get the marshal here.

Dillon: Let me
through here, boys.

Got away, Marshal.

We looked everywhere
down that alley, Marshal.

We didn't see nobody.

Well, you mean to say that
this man was just walking by

and somebody shot
at him from the alley?

- That's right, Marshal.
- That's what happened.

Well, anybody see it?

No, Marshal.

Man: I seen it.



I was standin' right
here in the street.

I seen the whole thing.

Well, what happened?

That man there
was walking along.

And when he come to
this alley, he got shot twice.

Yeah, well we all know that.

We all heard two shots.

I seen the man that done it.

You did?

Who was he?

Here he is, Marshal. That's him.

What? Me? I didn't
do nothin', Marshal.

I seen him.

What's your name, son?

Tom. Tom Morry.

But I didn't shoot
nobody, Marshal.

He was standin' right there.

He run up that alley and run
around the front of the building.

I'd know him anywhere.

Let's take a look at that gun.

It's been fired twice.

Well, I fired two times on the
way to town today, Marshal.

I was just practicin' on an
old coyote that jumped up.

I wasn't even here.

Where were you?

I was just walkin' around.

Were you with anybody?

No, I... I was alone.

That's the truth, Marshal!
I wouldn't shoot nobody!

What's your name, mister?

Crep, Marshal. Romey Crep.

Also seen them two arguing
up the street about an hour ago.

I couldn't hear
what they was sayin',

but they were shakin'
their fists at each other

and carrying on
something terrible.

Marshal, that's a lie.

I never seen this
man before in my life.

I'm sorry, son. But I'm
gonna have to take you in.

Jail?

You... You jailin'
me for murder?

I don't have much choice.

You stick around. I
may want to talk to you.

I'll be right here.

All right, let's go.

Chester, you get Doc
and have him taken care of.

Yes, sir.

Well, that's about all
there is to it, Your Honor.

Romey Crep saw the two of
them arguing earlier in the evening,

and then later he saw Tom Morry
shoot the man from an alleyway.

At least, that's what he says.

It ain't up to you to
question the veracity

of the witness, Marshal.

No, sir.

Reckon we'd better
have him up here next.

Sit down, Marshal.

Romey Crep!

Just a minute, Judge.

What is it, Marshal?

Now, this boy here is very sick.

Doc says he ought to be in bed.

And I'm just wonderin'...

Marshal, this man's
on trial for murder.

Don't matter whether
he's sick or well.

Now you sit down.

Step down here, Romey.

Raise your right hand.

You gonna tell nothin'
but the truth so help ya?

I will.

All right, now stand
right over there.

I'm right here, Your Honor.

All right. 'Til I ask you
something just stand there

and keep your mouth shut.

Yes, sir.

Now, says here you were
eyewitness to the murder. Is that right?

That's right, Judge. I
seen the whole thing.

That man there
stepped out of an alley

and put two bullets into
Harry Land as plain as day.

Stepped right out
of the alley, huh?

Well, not right out of
the alley, Your Honor.

He stood back in
the shadows a little.

But I seen his face.

I won't never forget it.

How come he didn't
see you and kill you, too?

Well, he could've seen me.

I reckon he was too
busy killin' Harry Land.

Guess that could be.

Now, then.

Says here you heard an argument

between the defendant
and Harry Land

early in the
evening. Is that right?

Well, seen more
than heard, Judge.

But they was ready
to go at it right then,

- I can tell you that.
- That's a lie!

That ain't true!

He's lyin', Judge!

Who's lyin'?

Judge, I never seen Harry Land

before in my life!

Quiet! Quiet. You're
interruptin' this court!

I ain't lyin', Your Honor.

You're lyin'!

Shut up, the both of ya!

How come you
sayin' these things?

How come you're doin' this?

All right, quiet! Order
in this court! Order!

I told you he was sick, Judge.

Now order! Order
in this court now!

All right, this court's
adjourned 'til 2:00.

And that don't mean
the jury can go out

and get soured
on the cob, neither.

All right, everybody get up.

Oh!

What are we gonna
do with him, Mr. Dillon?

Let's get him over to Doc's office
and worry about the trial later.

Chester: Get out
of the way there!

You know, I'm just
wonderin' how he feels.

Who?

That judge.

He seemed to feel all right
when he left here last week.

That ain't what I mean.

I mean traveling around
from town to town tryin' people,

then runnin' off and
leavin' the dirty work

for somebody else.

It's not all dirty
work, Chester.

Not everybody's convicted.

Well, I'll tell ya somethin'.

That judge there, he'd
find anybody guilty.

Guilty of what?

I don't know. Just whatever
it happened to be at the time.

Like last week when
he said goodbye,

I could tell just by the
way that he looked at me

that he'd just like to
get anybody up there

in front of him and
just convict 'em.

Well, you'd better start
watching your step, then.

He ain't...

Well... Well, I
ain't done nothin'.

How is he, Doc?

Well, he'll be all right
now. Fever broke.

How soon you think he'll
be able to travel, Doc?

Oh, I'd say a day or two.
He's young, and he's strong.

I'll tell ya somethin',

he was a pretty
sick young fella.

That trial didn't do
him any good, either.

It doesn't matter.

He doesn't have much of a
future, whichever way you look at it.

When do you have to
get him up there to Hays?

He's supposed to
be up there now.

Gives you a funny
feelin', doesn't it...

Fixin' a kid up so he can
ride to his own hanging.

Well, I'll check in on
him in the morning.

Okay, Doc.

Why, hello, Doc!
Chester. Marshal.

Romey.

What's Doc Adams doing here?

Now, don't tell me
that prisoner's still sick.

You interested in the
prisoner's health, are ya?

No. I heard the
judge say the marshal

was to deliver the
prisoner to Hays City

for hanging right away.

Is that so?

That's what he said.
Everybody heard him.

Well, then you must be in a hurry
to see that he gets hung, huh?

Well, he was
sentenced, wasn't he?

That's right.

Now, you listen to me.

Your part in this ended last
week when you testified in court.

Tom Morry is my
responsibility now.

It's my duty, Marshal.

Not anymore it isn't.

Now, he's gonna
to get to Hays City,

and he'll get to his hanging.

But how and when he gets there

is none of your
business, you got that?

- Now, you look here...
- Go on, get out of here.

Mornin', Tom.

Hello, Chester.

Got a little
breakfast here for ya.

Thank you.

You feelin' any
better today, are you?

Yeah, I'm better.

Well, that's good.

What day is this anyway?

Uh, Thursday.

It's no wonder that you
lost track of time, though,

what with the fever and all.

Yeah.

Sure is a funny
time to get sick,

right when you're
on trial for your life.

Yeah, yeah.

Well, if there's anything that I
can do to help you now, just call.

I'll be right here.

Yeah, one thing. I'd like to see
the marshal when he gets here.

Well...

Well, I think that's
him there now.

I'll call him, Tom.

Morning, Tom.

Hello, Marshal.

How are ya?

I'm fine. Fine, Marshal.

I'd kinda like to talk to ya.

Sure.

Marshal, we'll be ridin' out up to
Hays City pretty soon, won't we?

Tomorrow, Tom,

if the doc says you can make it.

I don't have to be in very
good shape to make that trip.

Tom, I'm not gonna to take you up
there 'til you can stand up straight.

Thank you, Marshal.

Listen, there's
somethin' I got to ask you.

Do you think I did it?

Do you think that
I killed that man?

The court thinks you did, Tom.

Yeah, but do you?

No, I don't.

To me, there's somethin' real
wrong about the whole thing, Tom.

There's somethin' particularly
wrong about Crep's testimony.

Unfortunately, it doesn't
matter what I think.

Crep stood up there,
and he said that you did it.

And the judge and
jury believed him.

That man with
a lie in his belly.

He couldn't have seen me!

I wasn't even there.

Anyway, I want to
thank you, Marshal, for...

treatin' me decent, acting
like I was at least human.

Tom, I'm afraid you don't
have much to thank anybody for.

One more thing, Marshal.

I got a letter here.

Wrote to my pa.

He's back in Missouri.

You want me to mail it for ya?

I'd be obliged if you
would, but not 'til it's over.

All right.

I'm hopin' he don't
find out 'til then.

Sure.

Well, I reckon that's about all.

Marshal...

I'll try to stand up
straight like you said.

Well, there it is.

It's all right there.

I was just takin' a
citizen's responsibility.

I told the marshal.

I says, "Marshal, it's my duty
to see that justice is carried out."

Why, after all, the judge
needed me most for that trial.

If it hadn't been for me, there
wouldn't have been no trial.

Next to the prisoner, I was
the most important man there.

Now, I remember you men.

You was at the trial, too.

That was a proud moment for me.

Thank you, Annie.

Hello, Kitty.

Sit down, Matt.

Well, he's still at it, I see.

I ought to throw
him out of here.

You all heard how the judge
listened to every word I said,

and the jury, too.

Why, it was just a lucky thing I
happened to witness that murder.

He sure is enjoyin' himself.

Little weasel.

He never felt so
important in his whole life.

He's enjoyin' that a little
too much, if you ask me.

Can't stop him
from talkin', I guess.

How 'bout a drink?

No. No, thanks, Kitty.

Ah, here comes a man
who'll probably have one.

- Hi.
- Hello, Doc.

Evening, Doc.

Miss Kitty.

Well, did you come in here
tonight to spend some money?

No. Not tonight,
I'm afraid, Kitty.

I wanted to see Matt.

What's on your mind?

Well, this isn't
exactly good news.

But I... I was over at the jail

and saw Tom Morry
again, and he's all right.

Oh.

You mean he can ride, huh?

Yep.

Well, no point in puttin' it off any
longer. We'll leave in the morning.

Matt, can't you do somethin'?

Kitty, he was tried
and convicted.

There's not a thing I can do.

It's a sorry business, isn't it?

You'd better go get some rest.

It's a long ride.

And a rough one.

Not as rough as it's
gonna to be for him.

It's his last one.

Doc: Chester.

Yeah.

What are you sneakin'
around like that for?

Oh, I wasn't sneakin' around.

I just... ahem... didn't feel like doin'
battle with you, to tell you the truth.

Matt's not back yet, huh?

No. No, he's not.

Oh golly, it's hot today.

Huh?

Said it's hot!

Oh, I noticed it.

Where were you last night?

Uh, well I went to bed.

Well, there was a big party
over at the Long Branch.

What's the matter with
you? You sick or somethin'?

No. When my body
feels like going to bed,

I just go to bed.

Let me have a look at you.

Huh?

By golly, you don't
look very good.

What's the matter?

Well, you went to bed last
night, and you're hot today.

Let me see somethin' here.

Well, what is it?

Well, I declare.

What?

Well, it could be xerophthalmia.

What is that?

Well, it's a conjunctivitis
usually characterized

by a dull and lusterless
condition of the eyeballs.

You know, Doc,

it seemed like it hurt lately every
time I've been lookin' at somethin'.

It's just... it...

There's no lust...
there at all, huh?

Matt, hi.

Hello, Doc.

Chester.

Welcome back, Mr. Dillon.

Have a hard trip, Mr. Dillon?

Hard enough.

Did they hang him?

No, not yet.

I got them to put off
the execution for a week.

You think it'll do any good?

I don't know.

I need a drink. Come on.

What'll you have, gentlemen?

- Whiskey, Clem.
- I'll have the same.

Give me a beer.

Oh, no, Clem, I think I'll have
a little shot of whiskey myself.

All right.

Where's Miss Kitty?

She took the day off.

Hear you went up to Hays City.

Yep.

Took young Tom
Morry along, too, huh?

That's right, Clem.

I don't envy you your job.

Well...

By golly,

you know, if whiskey wasn't
so doggone expensive,

I think I'd have me a
little bit of it every day.

Marshal Dillon.

I heard you's back.

You did, huh?

Did, uh, everything...

Was everything
carried out all right?

Why don't you ride up
to Hays City and find out?

You was gone for such
a long time, Marshal.

Five days. I was just wonderin'.

It takes time to
hang a man, Crep.

Even if he's only 19.

That 19-year-old
man is a murderer.

I got a little piece of
advice for you, Crep.

Keep out of my way.

Chester!

Oh.

Hold on a minute.

Were you gonna
go to the post office?

Uh, yeah. I was gonna mail it.

Well, good. Bring my
mail back to me, will ya?

What is it, some of those
big old heavy magazines?

No, just medical journals.

Well, givin' 'em a fancy
name like that, Doc,

don't change the
weight of 'em none.

Well, now what am
I gonna have to do...

Pay you for bringin' my mail?

No, no. You're not
gonna have to pay me.

I'll get your mail for ya.

You'd probably break down
under the weight of it anyway.

Helping hand and
a willing heart...

Huh.

Uh, is there anything
else that I could bring you?

A... A cup of coffee?

A piece of pie?

Where's the marshal?

Why, what happened?

Somebody just killed Ned
Miller! Where's the marshal?

Well, he's down at the stable.

He ought to be on his
way back, though, by now.

I'll go get him.

Uh...

Doc! Doc, somebody's
killed Ned Miller!

Chester: What
happened here, Sawyer?

Well, I don't rightly know.

Me and Jake here was
helping load his wagon.

Ned carried out the
last sack of grain hisself.

Said he'd be right
back to settle up.

Then we heard the shots.

Well, did you see anybody?

Well, when we first heard the shots,
we didn't know where they was from.

Then... Then we ran
out here. He was there,

just like you found him.

You didn't... You didn't
see nobody at all, then?

No, we didn't see nobody.

Well, somebody
must've seen somethin'.

I just happened to be walking
along the side street, Marshal,

and I saw Ned
Miller on his wagon.

This man steps out and fires
three shots right into his back.

Oh, it was terrible!
It was terrible!

That's why I run
over here to get ya.

You saw who it was, huh?

I don't know his name.
But I'd recognize him.

How is he, Doc?

Well, he's alive,
and that's all.

Get him up to my office
as soon as you can, will ya?

Yeah. A couple of you boys give
us a hand here with him, will ya?

Get him up to Doc's
and go easy with him.

Real careful now.

You see anybody around
here that looks like the man?

No. He ain't here.

Well, he wouldn't hang
around here anyways.

Come with me.

Can't wait here
all day, Marshal.

That man ought to be in jail.

Why don't you sit
down, keep still?

This ain't catchin' a murderer.

Ned Miller's not dead yet, Crep.

Poor Ned.

Doesn't seem possible.

I couldn't have been
more than 10 feet from him.

Imagine, me
witnessin' two murders.

I bet that judge is gonna
be mighty surprised

when I stand up
there to testify again.

Yeah, I bet he will.

You know, it's too bad they
don't pay witnesses, Crep.

You could be gettin' rich.

Just doin' my
citizen's duty, Marshal.

Well, Doc?

He's dead.

He told me somethin'
before he died.

Well, what'd he tell ya?

He said you shot him.

Wait a minute.

There's been a mistake.

There's been a big mistake.

Ned Miller was lyin'.

He was lyin', Marshal.

A man doesn't lie at
a time like that, Crep.

Well, something's wrong.

It was a mistake.

Why, I... I wouldn't kill him.

I didn't kill him!

You didn't, huh?

- No.
- Well, I think you did.

Not only that, but I think you made
up that whole story about Tom Morry.

Why would I do
a thing like that?

Now you tell me the truth.

Tom Morry, didn't
kill anybody, did he?

Did he?

No, he didn't!

No. But you had to stand up
there and testify, didn't you?

Marshal...

You didn't care whether
it was the truth or not!

You just had to stand up there

in front of everybody
and speak your piece,

your lyin', murderin' piece!

And then you had to feel
important again, didn't ya?

So you killed Ned Miller.

Chokin' me...

You had to take a man's life
just so people would notice ya!

Well, let me tell you
somethin', mister.

People are really
gonna notice you now.

You know what we're gonna do?

We're gonna clear
Tom Morry's name.

We'll clear his name.

Yeah. And you know
how we're gonna do it?

No.

We're gonna do it at your trial!

At your trial!

Please, Marshal...

I don't think you're gonna
mind bein' there at all.

In fact, I think you're
gonna kinda like it, Crep.

You're going to be the
most important man there!

- Chester.
- Yeah.

Take him over and
lock him up, will ya?

Yes, sir.

I'll be back in a few minutes.

Right now I got to get down
and send a telegram to Hays City.

There's a boy up there
they got to turn loose.

All right, come on.
Get up on your feet.

Let's go.