Gunsmoke (1955–1975): Season 8, Episode 29 - With a Smile - full transcript

A rancher's spoiled son believes even after he is convicted of murder that his father's wealth and influence will save him from the hangman.

Starring James
Arness as Matt Dillon.


Oh... Chester!

- Oh, Mr. Dillon, I'm sorry.
- Cut that out, will you?

Why don't you put that thing
away and do something else.

Well, I was just trying to
make the place livable. I...

By the time you make it livable,

there won't be
anybody left to enjoy it.

Well, I’LL just...
let the stove fill up

and spill out all
over the floor,

if that would be
any better for you.

It'd be better than
what you're doing now.




Yeah, hello, Major.
What can I do for you?

Well, it's the same old
business about those 500 acres

south of my line, Marshal.

You know Judge
Brooking's decision.

Well, I thought he said
your claim was valid.

Three months ago.

That fellow at the land office
still won't issue my deed.

Why not?

Maybe you can find out.

And maybe you can keep
me from breaking his neck

at the same time.

All right, I’LL go
along with you.

It's time this
thing was settled.

Coming, son?

No, I’LL meet you at the
horses in about an hour.

All right.

You have a real big interest
in your father's business,

I can see that.

Oh, well, he can handle it.

Besides, I'm tired.

I always did hear that
you was a real hard worker.

I don't care what
people say about me,

or what they think, either.

Well, maybe that
there's your problem.

Maybe you ought to mind your
own business, huh, Chester?

Well, I'd be only too happy to
where you're concerned, Dal.

Think I’LL go get
myself some relaxation.


- Hey, Kelly.
- Pat, how's it going?

Oh, great, if you don't
mind eating dust all day.

You're lucky the major
sent you out onto the prairie.

Well, he knows
how delicate I am.

Here comes our hero.

Only a coyote would
call that man a hero.

Well, the major
sure admires him.

Yeah. He spawned
him; he's stuck.

You men sure ain't
working very hard.

Well, now, your pa told me
to ride up to the north spring

this morning,
and I just got back.

If you have any complaints,
you take it up with him, huh?

Don't mouth off to me, Kelly.

Unsaddle him and turn him out.


I'm sorry, I don't
unsaddle for any man.

I ain't just any man.

I'm Dal Creed.

Yeah, I know.

As long as you're getting
paid, you'll do what you're told.

How would you like a
bullet through the leg, huh?

Try it.

Go on, try it!

You coward.

Why should I draw against
every hotheaded cowboy

that comes along and
wants to gun me down

for no reason at all?

That's enough of that.

What's going on here?

Nothing, Pa.

You know I don't allow
fighting on this ranch.

- So do you, Dal.
- Well, he called me a coward.

He what?

I couldn't let him get
away with that, could I?

All right, you're through.

Come to the house with
me and draw your pay.


Wh-What do you want?

If you want to water your
horse, it-it's over there.

He don't need water.

I sure could use
a little, though.

You'll find it there.

Tell you the truth, ma'am,

I sort of had in
mind a cup of coffee.

We don't feed strangers here.

My name is Vern Kelly,

and I ain't a stranger
no more, hmm?

I think you better
keep riding, Mr. Kelly.

Oh, I will.

After you and me get a
little bit better acquainted.

All right, mister,
on your horse.

Can't a man ask for a
drink of water around here

without being treated
like a horse thief?

Drifters ain't welcome
here. Now, get moving.

Well, I ain't no drifter.

I ride for the Creed Ranch.

You heard of Major
Creed, haven't you?

I've heard of him.

But you're riding out
of here all the same.

Major Creed might not like it,

one of his men can't
even get a drink of water.

Major Creed's a big man,
but he don't own me or mine.

I don't want to see
you around here again,

you understand?

So long.

Lottie, if I'm ever
away from home

and that man comes back...
you lock yourself in the house.

Yes, Pa.

- Hello, Matt.
- Hello, Quint.

I been looking for you.

Chester said you'd
gone to breakfast.

Well, I ate early today.

Well, that's what I
wanted to talk to you about.


I kind of got the urge
for some antelope steak.

You wouldn't have the
urge to get out of town

- for a few days, too, would you?
- Well, something like that.

Well, I wish I could join you,

but I don't see how I
can get away right now.

Not even for a couple of days?

No, I'm afraid not, Quint.

You know, you're
getting kind of pokey.

Now, look, that wouldn't stop me

from helping you eat
whatever you bring in, you know.

I'm not gonna do all the work.

If I bring it in, you
got to do the cooking.

All right, that's a
deal. Good luck.

I got a feeling you're
gonna be sorry.

Well, I'm sorry already.

What are you doing back here?

Well, I just rode
by to say hello.

I believe in being
a good neighbor.

Are you forgetting
what my pa told you?

I just seen your pa,
and he's riding north.

He didn't see me.

You get on your horse

and you ride out
of here, mister.

Now, I declare, you're
about the hardest gal

I ever did see to get to know.

You do like I say.

I just want to be friends.

You and me can have a
lot of fun if we're friends.

All right. You
sure are persistent.

Uh, I-I’LL just take these
eggs up to the house, and, uh,

I’LL come back, and then
we can talk things over, okay?

Forget them eggs.

We'll talk things
over right now.


Lottie, are you in there?

Pa, look out!

Oh, Pa...

Stop that crying.

You murderer!


Well, that's a
mighty peculiar way

for you to be talking, Lottie.

I saw it, and I'm gonna
tell the law just how I saw it.

Less'n you change your mind.

Now, your pa tried to kill me,

and I shot back in self-defense.

Now, they'd believe you,

and then, Lottie...

maybe you and me, we
could settle down here.

This could be our
place. How about that?

I'm thinking what I'm
gonna wear to your hanging.

It's too bad you
said that, Lottie...

'cause that's gonna put
you just where your pa is.

Now, you get over here,

and you shut up!

Hello there.


This your ranch?

Uh-huh. Where you headed?

I was just doing some hunting.

Thought I heard some
pistol shots over here.

Sure. I try to get a little
practice in every day.

I see.

You mind if I get down and
stretch my legs a little bit?

Well, now,
ordinarily I wouldn't,

and I'm pretty busy today,
and I haven't got time

- to stand around jawing.
- All right.

He killed my father.

He murdered him!


- You all right?
- Mmm. Is he dead?

Yeah, he's dead.

Well, howdy there, Doc.


Enjoying yourself, are you?

Well, I was.

That beer nice and cold, is it?

Why don't you just have a
glass and see for yourself?

Oh, well, thanks
a whole lot, Doc.

That's awful nice of you.

Sam, would you, uh, just
kind of bring me a beer, there?

Now, Chester...

I never said anything
about paying for it.

Well, for heaven's sakes, Doc,

there you go jumping
to conclusions,

just counting your
chickens 'fore they hatch,

crossing a bridge
'fore you get to it.

I never said anything at all

about you having
to pay for my beer.

I got money to pay for the beer.

Thanks a lot, Sam.

By golly, Sam, I
guess I must have...

left my money in my other pants.

Well, uh...

Suppose you could just
kind of pour it back in there?

No, no.

Hold on, Sam.

He hasn't got
another pair of pants.


Lottie, you know
Doc and Chester.

Well, yes, Lottie. How are you?

How do you do?

Lottie's gonna be
working here now.

Oh, well, that's fine.

Oh, is this, uh,
your first night, is it?

I hope it's not my last.

I'm... I'm kind of nervous.

You're gonna be just fine.

Anyway, I'm very
grateful to Kitty

for helping me out and all.

You're doing me a favor.

Come on, I want you to meet Sam.

Sam, this is Lottie Foy.

You know, it sure
is nice of Kitty

to give her a job under
the circumstances.

Yeah, it's just too bad
her pa had to die in debt

and she had to
sell off the ranch.

It'll be a big change for her,
working in a place like this.

You know, a girl like Lottie.



I can see you're gonna
want another beer,

so I'm gonna get out of here.

I can't afford it.

Good evening.

I-I said, "Good evening."

I hope I ain't
interrupting nothing.

First drink's on the house.

Well, I thank you.


Make it a whiskey,
and one for the lady.

I’LL pay for hers.

You don't have
to buy me a drink.

Well, it's my pleasure, miss.


I hope you're not, uh,
waiting for anybody.

No. No.

Well, that's fine.

I wouldn't want to
be a bother to you.


Well, here's to the
prettiest girl I ever saw.

And I hope we can be friends.


My name is Pat
Cain. What's yours?


I'm a big rancher, Lottie.

I'm rich something awful.

I got land and stock
that just don't quit.

Why, I got more stock than
Noah had on that ark of his.

You don't believe me?


What if I told you I got a
horse down at the stable

and $30 in my pocket,
and I'm gonna have to work

somewheres for a whole
month before I see another $30?

I might believe that.

You see, I never
was a very good liar.

When it comes to
being a darn fool, though,

I'm pretty good.

I insulted the boss's son.

Was it worth it?

Oh, you bet it was.

You're pretty
independent, aren't you?

Yeah, and a little lonely.

I guess we're all that at times.

Well, we don't have to be.

Least, right now.

Would you like
to sit at a table?

All right.

Hello, Lottie.

Howdy, Quint.

I just came by to say hello.

Well, I'm always
glad to see you.

You working too hard.

How am I gonna get
rich if I don't work hard?

I'm serious.

How you getting along?

I mean you and Pat Cain.

I'm happy.

I'm real happy.

Well, that's all I
wanted to know.

Wish me luck, Quint.

You know I do.


Well, I’LL be seeing you around.

- Bye, Lottie.
- Bye-bye.

Evening, honey.

Can I buy you a drink?

No, no, thank you.

Oh, come on.

Now, I-I'm waiting for somebody.

My luck's as good as ever.

Oh, I-I'm sorry. That...
that chair's taken.


I didn't know.

I meant the table's taken.

I'm... I'm waiting for somebody.

It's me you've been
waiting for all your life.


You know, the second I
saw you, I said to myself, "Dal,

there's the gal
you're meant for."

Honey, you know who I am?

No, and I-I really don't care.

Now... now, just leave, please.

Sure, I’LL leave.

If you'll go with me.

- No, now, I mean it.
- Come on.

- Just leave me alone.
- Just one drink ain't gonna hurt.

I... Oh, Pat.

Oh, now, don't tell me this is

the man you've been waiting for.


Tell her who I am, Pat.

That's Dal Creed, Lottie.

The major's son?

That's right.

Now, come on,
let's have that drink.

You're forgetting
something, ain't you, Dal?


The major ain't here.

You're out in front
now, all alone.

Nobody to protect you.

You and I both know
what that means, don't we?

You're gonna be
sorry you said that.

Don't you ever bother
Lottie again, Dal.

You just keep away from her.


I'm glad you're here.

So am I.


I've been looking
all over town for you.

I want to apologize
about last night.

Oh, that's all right.

That mean you'll have
a drink with me now?

No. No, I-I can't do that.

Well, now, you can't put
me off forever, can you?

Please... please,
just leave me alone.

Now, come on, let's have
a drink right now, huh?

Quint. Quint!

Quint, wait!

Give me... give me that gun.

I’LL give it to you across
the side of your head, maybe.

Now, you look out, now.

I never hurt her none.

That's enough of that.

Matt, got their guns.

Who started this?

He was giving
Lottie a hard time.

All right, give
him his gun back.


Thanks to you, Quint.

My pleasure.

Let's go.

You take my advice, you'll
stay away from him next time.

Knowing that boy, I'd
say this isn't over yet.


I don't mean to hurry you.

- You closing up?
- Mm-hmm.

Well, I just wanted
to finish this beer here.

It makes me
sleep a little better.

I never knew you had
any trouble sleeping.

Well, I don't.

I said it made me sleep better.

- Good night, Kitty.
- Good night, Lottie.

- Good night, Pat.
- Good night. See you tomorrow.

- Right.
- Right.

Well, I’LL just finish this off

and say good night, I guess.

Well, why don't you
come by earlier tomorrow?



Good gracious, what happened?

I don't know. He run off.

She's-she's hurt,
she's hurt bad.

I've got to get the doc.

I’LL stay with her.

I tell you to oil my
saddle, I mean oil all of it.

What's the matter with you?

Oh, Marshal.

Come on in.


What brings you out
here this time of morning?

Sit down.

No, thanks, Major.
I'm here on business.

Oh, you mean my deed
to those 500 south acres?

You didn't have to ride
clear out here about that.

No, it isn't that.

Remember Mack
Foy's daughter, Lottie?

Uh, sure. That
unfortunate child.

I hear she's been working
at the Long Branch.

She has, yeah.

Well, what about her?

She was shot last night, Major.


Pat Cain was walking her home.

I knew that fella was no good.

That's why I fired him.

Yeah, but the man that
shot her was after Pat.

Do you know that?

Pat gave the man a
beating the other day

for bothering Lottie.

Well, why are you
telling me all this?

She died a few hours ago.

It was your son, Dal, Major.

You know what
you're saying, Marshal?

I'm out here to
arrest him for murder.

Just a minute.

Dal. Come here, son.

What do you want, Pa?

Go on inside.

Morning, Marshal.


Well, what is it, Pa?

Lottie Foy.

Marshal Dillon here says

you shot and
killed her last night.

Well, that's not
very funny, Marshal.

Now, why are you out here?

Tell him, Chester.

Dal, that was me
that you shot at

in the alley last night.

I could see you
just as plain as day.

Now, why you want
to tell a lie like that?

What's the matter with you?

You sick in the head
or something, Chester?

Do you know what you're saying?

You know what this means?

Yes, sir, I do.

I'd say it under
oath if I had to.

Get your horse, Dal.

- You're coming into town.
- No, by heaven.

He's not leaving...
Not out of this place.

- Not long as I'm here.
- Now, wait, wait.

Now, wait a minute, now.

This don't make sense.

Nobody's gonna convict me.

Let him take me in. What
difference does it make?

You can get me off easy.

All you got to do
is talk to the judge.

All right, all right.

Don't you worry, son.

I ain't worried, Pa.

I ain't worried one bit.

It-it... it's almost finished.

They're standing up.

The trial's over.

Here they come. Here they come.

Well, I'm sure glad
that that's over.


Buy you a drink?

No. No, thanks, Chester.

I got to go get
my stuff together.

What for?

I'm leaving.

Ain't nothing around
here for me anymore.

I’LL drop down by the
office before I leave.

Tell the marshal, will you?

Sure, Pat.

What happened, Marshal?

What happened?

Did they find him guilty?

They found him guilty, Louie.

That judge is a fool.

So is everybody
else in this town.

Nobody's gonna hang
me. You wait, you'll see.

Let's go.

Sit down.

Ain't you gonna lock me up?

Your father will be along
in a couple of minutes.

I’LL wait till he's gone.

My, you're a kind man.

Tell me something.

Do you do the hanging, too?

No. That's up to the
sheriff in Hays City.

What's the matter?

Haven't you got
the stomach for it?

That's one way of putting it.

I stopped by to see the judge
on the way, Marshal, and...

What did he say, Pa?

What did he say?

Nothing. I didn't expect
him to say anything.

I just reminded him
he's a federal judge

and that I have a certain
amount of influence in Washington.

Well, didn't he change
the sentence or anything?

No, of course not.

Well, does that mean I'm
still gonna hang in two weeks?

Well, son, the
way things stand...

You got to do something,
Pa. You got to do something!

I said I had a certain amount

of influence in
Washington, didn't I?

Well, there ain't no
time to go to Washington.

Didn't you ever hear
of the telegraph?

I'm going down now and get busy.

The very least I’LL get out of
this will be a retrial, Marshal.


Got a little something
for you to eat, Dal.

Same old slop, I suppose.

Now, where you going?

I'm gonna take it back.

Well, now... now, wait a
minute. You can't do that.

Now, come on. The law
says you got to feed a man.

Yeah, that's what the law says.

You keep complaining about
the food and calling it slop,

I can sure enough
forget the law.

All right. All right, then.

Then it isn't slop.

That's better.

But it ain't the
best food I ever ate.

Well, this ain't the best
house you ever lived in, neither.

You know something, Chester?

When I get out of here,
I'm gonna look you up.

Alone somewhere.

Well, you do that when
you get out of here.

Well, it won't be long,
don't you worry about it.

Oh, I'm just scared to death.


Hey, Pa.

Could I talk to Dal
a minute, Chester?

Sure. Yeah, go on in.

Come on in, Pa.

Here's your food.

Where you been, Pa?

You haven't been
here for three days.

Spent all of my time
in the telegraph office.

Well, what did you hear?

When's the retrial?

Dal, I haven't been by here

because I thought, any
minute, I'd have good news.

They didn't turn you down?

Retrial denied.

Sentence stands.

Oh, no.


They can't. They can't!

Pa, you got to do something.

- Straighten up, son.
- You can't let 'em hang me!

- Pa, you can't!
- Stop that!

You can't let 'em hang...


Pa? Pa?


Here, Mr. Dillon. Let
me help you with that.

All right, thanks, Chester.

Well, good morning, Major.

Good morning, Chester.

Is that the... the
marshal, Chester?

Yeah, he went
inside there to get Dal.

He's really going to
Hays City this morning?

Well, he has to
get there in time.

Uh, you know, I mean, uh...

I understand, Chester.

Pa, you got here.
You finally got here.

You stopped 'em, didn't
you? You stopped 'em, Pa?

No, I haven't stopped it, son.

Well-well, he's... he's
taking me to Hays right now.

I know.

Now, listen, son.


Pa, now, he...

I want no more
of this carrying on.

You get a hold of yourself
and behave yourself like a man,

or you'll go to Hays City
with your head in a bandage.

Now, I mean it.

Well, sure, Pa. Sure.

Now, I’LL be there a
day or two after you are.

Where are you going?

To see the governor.

Now, he can pardon you,
and I'm gonna see that he does.

Oh. Oh, I-I knew
you'd do something, Pa.

Sure, he'll give me a
pardon. Why shouldn't he?

I'm gonna do my best, son.

Well, then, it's a sure thing.

I ain't worried. I
ain't worried one bit.

I still say it's slop, Chester.

I'm still gonna look you up.


I’LL see you in Hays, Pa.

I’LL be there, son.

Take care of things, Chester.

Mr. Dillon.


- So long, Major.
- Marshal.


This their jail?

This is it.

Cheap-looking, ain't it?

It gets the job done.

I ain't saying it don't
do the job, Marshal.

Well, Matt Dillon.
Doggone nice to see you.

Hello, Ben. How are you?

Never better.
Been expecting you.

Is this the prisoner?

Yeah. His name is Dal Creed.

Hello, Dal.

I’LL have a pardon from
the governor within 24 hours,

so don't get your blood hot.

Killed a woman, did he?


No evidence.

Just that lying Chester.

All right, Pete, you can go now.

I got a more important
client to take care of.

Thank you. Thank you, Sheriff.

Thank you. Bye.


Behave yourself,
now, Pete, you hear?

I try. I always try, Sheriff.

Yeah, I know.

All right, Dal, it's all yours.

I guess I’LL go over to the
hotel and get a room, Ben.

They're holding
one for you, Matt.

Oh, thanks.

Uh, Matt?

The hangman will
be here tomorrow.

Oh. The date's still set, then?

Friday morning, 10:30.

Three days, huh?

Well, you're staying
over, aren't you?

Wish I had a choice.

I’LL see you later.


Well, Dal, what do
you want for supper?

You couldn't afford it.

Come in.

Morning, Marshal.

Hello, Major.

When did you get to Hays?

Late last night.

I'm staying here at this hotel.

The clerk told me you were here.

Yeah. You been over
to see your boy yet?


Before I go over
there, tell me...

What kind of shape's he in?

I mean, how's he
taking everything?

Well, he's pretty
anxious to see you.

But he's holding up?

Pretty nervous. Tomorrow's
Friday, you know.

Of course.

Do you want to walk over
there with me, Marshal?

All right.


Hey, Pa, where you been?

Wh-What took you so long?

I've been going crazy in here.

Hello, Dal.

Pa, get me out of here.

Right now. I can't
stand it no more.

Ben, this is Major Creed.

Sheriff Carver, Major.

- Good to meet you, Sheriff.
- How are you?

Well, ne... well,
never mind about that.

Tell him to turn
me loose right now!

I saw the governor, Dal, and...

Yeah? Well, what did he say?

He give me a pardon, didn't he?

He turned me down.

He refused to interfere.

He turned you down?

Well, he couldn't.

You gave me your word, Pa.

You told me he'd
give me a pardon.

I did my best, son.

Well, don't you know
tomorrow's Friday?

They're planning on hanging me

at 10:30 in the morning?

Now, get a hold
of yourself, son.

Well, I don't want to die.

I want to live.

- I want to go home.
- Stop that.

You got to do something;
you can't let them hang me.

They're gonna take me
out of here in the morning,

and they're gonna tie
my hands behind my back,

and they're gonna drag
me up on the scaffold...

and then they're gonna...

I can't stand it, Pa!

I can't stand it! Please, Pa.

You got to do something! Pa!

Gentlemen, I apologize
for my son's conduct.

Don't leave, Pa!

Give me a beer?


Oh, Marshal.

Won't you sit down?

It's a bad business, Major.

You come to all the hangings?

Only when I have to.

Most of the men, uh...

how do they take it?

About the same way they
went into battle during the war.

Scared, but making a go of it.

Shaking in their boots,

but trying not to show it.

Something like that.

I'm a proud man, Marshal.

Too proud, maybe.

It's blinded me to some things.

Mostly to the fact that I've...

got a coward for a son.

Oh, I've been thinking
hard since leaving that jail.

It's the truth.

I was just never
forced to admit it before.

Well, your boy's young.

Maybe you've spoiled him, but...

He's a coward.

Tomorrow he's gonna
die like a coward.

Crying and
whimpering like a baby.

Maybe not even able to walk.

It shames me to think about it.

You can't ever be
sure of that, Major.

No, I know it, all right.

I won't let my son
die like a coward.

I won't have it, that's all.

I'd rather they hung
me; that's the truth.

I'd go with a smile
on my face, I swear it.

Like a man, Marshal.

Wish there was something I
could do to help you, Major.

If you'll excuse me...

I've got to take care
of some business.



No! Don't you touch me.

It ain't time yet; it can't be.

It's still dark out.

Rest easy, Dal. It's
only 2:00 in the morning.

2:00? Well, where you been?

You been gone for hours.

I've been busy, boy,
real busy working for you.

What do you mean?

It looks like you're gonna
cheat the rope after all.


What did you say?

It cost your pa a fortune,
but you ain't gonna die.

Are you sure? Are
you really sure?

I'm sure.

Pa fixed it, didn't
he? I knew he would.

Pa would fix it.

Yeah, your pa's a smart man.

Rich, too.

Although he's not as
rich as he used to be.

What do you mean?

I finally settled for $5,000
just for my part in this.

Go on.

And there's a
thousand for Doc Riley.

He has to pronounce you dead.

The hangman,

the undertaker.

I don't know what
you're talking about.

Well, in the morning, boy,

you're gonna go
through that trap,

and with a rope
around your neck.

But when you're through
the trap and out of sight,

you're gonna land
on a couple of barrels.

Your hands will be tied
so you can bust loose easy

and grab that rope,

make it look good
from the outside.

And then?

Doc Riley and the
undertaker will cut you down.

Well, w-won't those people be
able to see underneath there?

No, it's mostly boarded up.

Besides, I don't allow
no visitors anyway.

Yeah, but how
about Marshal Dillon?

Now, he's gonna be there.

We didn't even
try to pay him off.

But he don't like
hangings, and knowing him,

he'll probably stand
way off and then leave.

Well, I know, but...

I-I just can't just
walk out of there.

No, you can't.

So Doc and the undertaker
will put you in the coffin,

drive you out of there.

When you get to the
cemetery, they'll let you out.

There'll be a horse
waiting there for you.

It'll work, won't it?

It'll work?

With my help, it's gonna work.

That's why my price is so high.

Here's a thousand dollars;
that's all your pa had left.

He wants you to take
it and head for Mexico.

I’LL do it.

And I ain't gonna
come back, neither.

Hey, Sheriff?

Fix me some coffee, will you?

Look, I took $5,000
to save your neck,

not to wait on you.

I'm gonna get some sleep.

Well, go to sleep, then.

I wouldn't drink
your rotten coffee.

You're nothing but
a crook anyway.

So that's it, huh?

You gonna stick around
for the action, Marshal?

No hard feelings.

So long, Dal.

Let's get on with it.

All right.

All right, Joe.

Would you like a hood?

Course not.

You know better than that.

Put your hands behind your back.



- It's over?
- It's over.

Then I timed it just right.

He's a good man, that sheriff.

I, uh, didn't know you
were gonna watch, Major.

I couldn't.

How'd it go, Sheriff?

Just like you said.

He died like a man.

You'll report that
back in Dodge?

I will, Major.

Thank you.


Here's your thousand
dollars. I almost forgot.

Big thing for a man
to take on himself.

Hope it was right.

I don't know now.

I hope so.

But he went with
a smile, didn't he?