Gunsmoke (1955–1975): Season 9, Episode 9 - Ex-Con - full transcript

On his way to Larned, Matt, feverish, spends the night at an abandoned shack. When he wakes up after losing a day, a recently released convict who swore to kill Matt, is himself found ...

Starring James
Arness as Matt Dillon.


Whoa. Whoa, there.


it's still standing.


If we'd put off coming
another week, it wouldn't be.

I promise you a palace
when I married you?

Yes, you did.

Well, this ain't it.

Five years can ruin a place.

A place needs care.

Needs to be lived in.

It needs money.

Well, so this is home, huh?

Is this what you meant when
you promised me a fine house

and good clothes
and plenty to eat and...

no worries?

You can go back, Lily.
I won't make you stay.

Back? Back to what?

That saloon in Hays?


I was in that saloon
for six years, Leo,

and after six years
of being a saloon girl,

I guess I can face
almost anything.

Even this.

But like you say, I misled you.

I promised you all
kinds of nice things.

You also promised
to marry me, Leo.

And you did.

You know, men don't
just marry women like me.

You know, I owe you
something, and, I, uh...

I'm gonna pay you back.

You don't love me, do you, Lily?

I... now, Leo, I-I never...

I never once said that I did.

But... I made a deal, and I'm...

I'm gonna... keep it.

I don't reckon I can
ask more than that.

You proved yourself, Lily.

Now I... I'm gonna prove myself.

You come inside.

Um... what are you
gonna prove in here, Leo?

Just wait.

Did you hide the
family fortune in there?

I sure did, Lily.

I sure did.


Well... what is it?

It's heavy.


Leo, this... this isn't gold?

It sure is, Lily.

It sure is.

Well, then we're rich!

We'll be going into
Dodge tomorrow, Lily.

We'll, uh... we'll
start buying things.

But I... I can't believe this!

I told you I had
money, didn't I?

You believed me then.

No, no, not really, but I...

I had nothing to lose,
so I took a chance.

- And you won.
- I guess I did.

The first time in my life.

Leo, now, um...

nobody can take
this away from you?

Now, don't you go
worrying about that, Lily.

This gold is mine.

I earned it the... the hardest
way there is to earn it.


That's the store, Lily.

You go pick out
anything you want.

- I'll be along in about an hour.
- Well, you just take your time,

because I'm gonna be
having the time of my life.

All right.

- Oh, Leo?
- Huh?

Thank you.

Surprised, Botkin?

Leo Pitts.

I thought you were...

I'm a hard man to
get rid of, Botkin.

I'd like you to weigh this
out and credit me with it.

I'm opening an account here.

Any objections, Botkin?

Well, gold is gold, they say.

Is that what they say, Botkin?

- Well, you know.
- Yeah.

It's all right, isn't it, my
opening an account here?

Why, I-I'm sure it is, Leo.

Well, then let's get
this gold weighed.

Certainly. Certainly.

Here, I'll put
mine in first, Leo.

All right.


You know, Leo...

there's one thing
I don't understand.

What's that?

Well, if you're gonna
get the place fixed up

and running again like you said,

won't you need tools and
nails and axes and hammers,

things like that?

In time, Lily.

I didn't know
you... bought a gun.

That's the first
thing I did buy.

I just never saw
you wear one before.

I didn't have the
need then, Lily.

Well, why'd you buy one now?

I got a job to do.


There's a U.S. Marshal
here, Lily, named Matt Dillon.

I'm gonna kill him.

But right now, let's,
uh... let's get on home.

All right, Chief.

Oh, hello, Matt.

Hello, Mr. Botkin.

Well, uh, Chester
entertaining you there?

Well, frankly, no.

Did Doc give you
a pill, Mr. Dillon?

- Why? Are you sick, Matt?
- Well, he was fevered, yeah.

Aw, never mind, Chester.

What can I do for
you, Mr. Botkin?

Leo Pitts is back.

Leo Pitts?

Sit down, Mr. Botkin.

Came into my bank
about an hour ago.

He had a metal box
full of gold bullion.

About $5,000 worth.

Five thousand?

That's a lot of money.

The Overland Express claim
they lost $8,000, as I remember.

Yeah. It was about three months
after that before I caught Leo.

Yeah, he was over in Abilene
gambling high, remember?

Probably spent it there.

Five years in prison, huh?

How's he look?

Oh, about the same.

Marshal, that gold
didn't have a mark on it.

No. It was
established at the trial

they couldn't prove
where it came from.

There's nothing can be done?


Leo was caught, tried,
and he served his sentence.

Far as I know, he doesn't
have to prove where

that gold came from.

And you can't try a
man twice, can you?


Five years, $5,000.

I'd say he's lost a whole
lot more than he's gained.

He's still nothing but a bandit.

Oh, he might've changed.

Oh, you don't believe that
any more than I do, Marshal.

Well, I thought you
ought to know about it.

Appreciate your
coming by, Mr. Botkin.

Well, you should
be the first to know.

- So long.
- So long.

You know, Mr. Dillon, Leo
Pitts ain't the type to forget.

He's more than likely
carrying a grudge against you

for putting him in prison.

Well, if I worried about
that every time, Chester,

I'd never make
any arrests at all.

Hello, Kitty.

Oh, you don't look sick to me.

Well, I didn't tell her nothing.

Doc gives you one pill,

and pretty soon the
whole town knows about it.

Well, if we didn't love you,
we wouldn't worry about you.

Doesn't look to me like I'm

gonna have to worry
about you much.

You're selling plenty
of whiskey here tonight.

It's the end of the month.

- There's a lot of money in town.
- Yeah.

Leo Pitts hasn't been in
to spend any of his, though.

Chester told me...
Among other things.

Matt, is Leo really gonna
be able to keep all that gold?

Well, I told Mr. Botkin today,
as far as I'm concerned, he can.

But, you know, I've
been thinking about it,

and I think I better get
an official decision on that.

Well, how are you gonna
go about getting that?

Well, I'm gonna
ride down to Larned.

Judge Brooking's down
there on circuit right now.

Heavens, that's a
60-mile ride from here.

I know it... and I want you to
stay here; I'll need you here.

Well, anything that
you say, Mr. Dillon. I...

I'm gonna start
early in the morning,

so I'm gonna get to bed.

I'll see you in a
couple days, Kitty.

Good luck, Matt.

Well, I... I better
get to bed myself.

You know, I want to be
on my toes for tomorrow.

I-I'll have to tell
you that story later.

Say, Chester, get
a lamp lit, will you?

- I'm gonna check out back.
- Yes, sir.


Hold it.

The next one goes dead center.

You stand right there.

Well, Leo Pitts.

I heard you were back.

What happened?

Well, he tried to take a shot at
you through the window, Chester.

I wasn't after him.

No, I imagine not.

It was probably me
you were after, wasn't it?

Leo Pitts, I heard
he was in town.

He try to shoot you, Marshal?

Tried to bushwhack him through
the window, the dirty coward.

Go on home, Leo.

You should've
killed me, Marshal.


I'll get you yet one
way or another.

Maybe next time you try,
I'll have to kill you then, Leo.

But if you're smart,
you'll forget about it.

It's over and done with.

Anybody ever lock you up for...

for five years?

Leo, I'm trying to
give you a chance.

I ought to throw you in jail.

But I'm gonna let you
go on one condition:

I never see you
around Dodge again.

Now, go on home.

You darned fool, Marshal.

Should've killed him
while you had the chance.

Now, maybe next time,
I'll ask your advice, Kelly.

Are you sure that you ought to
be making this trip, Mr. Dillon?

Yeah. Yeah, I'm
all right, Chester.

Well, you don't look all right.

You look real fevered.

Look worse than
you did yesterday.

Well, I'm gonna see Judge
Brooking in Larned tonight,

and I'll be back
here tomorrow night.

Well, hadn't you ought
to just stop by and let Doc

take a look at you at
least before you go?

That old sawbones?
What's he gonna do,

give me another
pill or something?

Well, I'm gonna tell
him what you said.

I'm gonna tell him just
exactly what you called him.

Well, let him get
a little sleep first.

I'll see you later.

You get to feeling too
bad, you get under a tree

and get some shade, you hear?












Something wrong with you?

What day is it?



- That's two days.
- What?

I left Dodge two days ago.

Are you drunk?

I got a fever.

I got to get some water.

Some folks got no sense at all.

Can't take care of
theirselves nohow.

Help yourself.

That's mighty generous of you.

Say, do me a favor, will you?

That horse of mine
hasn't had a thing to drink

for two days, either.
Would you bring him over?

I ain't no hired hand.

But I'll bring him over for you.

You say this ain't your place?

You sure do make yourself
right to home, don't you?

- Say, you heading into Dodge?
- Yeah.

Look, there's a doctor in
there. His name's Adams.

Would you tell him to
come out here and get me?

I'm too weak to ride.

They also got a U.S.
Marshal in that town,

and I'm also gonna tell him.

Now, don't you move
until I get out of here.

Well, you better
tell him my name.

- What is it?
- Matt Dillon.

I'll tell him, Dillon.

You won't get
far... He'll find you.

Come on. Hyah!




Hi, Doc.

Some old man by the
name of Clabe Adams rode in

and said you were sick out here.

Well, I feel some
better, I think.

Well, let me be
the judge of that.

That crazy old man Clabe
said you'd murdered somebody

out here in cold blood.
What's the matter?

Was he off his rocker
when you seen him?

No, I'm afraid not, Chester.

Leo Pitts is in there, and
the way it looks, I killed him.



As far as I can tell,
there's no bad aftereffects.

I think you're gonna
be all right, okay?

Mr. Dillon, did-did...

did you take a good look at him?

What do you mean?

Well, Leo Pitts ain't armed.

He... he wasn't wearing a gun.

He wasn't?

Well, he had two bullet
holes in him, I saw that.

I took two empty
shells out of my gun.

Well, you couldn't
have shot him.

You wouldn't have
shot an unarmed man.

Well, then how come
I got the empty shells?

Well, can't you recall
any... any of this at all?

Doc, that's the
bad part about it...

I can't remember anything.

Look, that fella Clabe
that came back into town,

he probably saw Pitts
was unarmed, huh?


yeah, I suppose he did,
now that I think about it.

All he said was there's
a man out here named...

Matt Dillon that killed
a fella in cold blood.

Course, nobody's gonna
believe him... he's crazy.

Uh... Doc, I'll ride
back into town with you.

Chester, would you bury this

and bring my horse
back in for me?


Mrs. Pitts.

Who are you?

I'm Matt Dillon,
the U.S. Marshal.

Oh. Uh... come in.

What's on your mind?

I'm afraid I've got some
bad news for you, ma'am.

I'm afraid you're a
little late, Marshal.

A cowboy who knew Leo
rode by early this morning.

He was in Dodge last night.

Heard all about it.


Well, then you know that
they're saying I shot Leo,

- and that he was unarmed.
- Yes.

Well, I was in a fever
the whole time, ma'am.

I don't remember
a thing about it.

Don't you, Marshal?

No, ma'am, I don't.

Well, I suppose
that is something

a man would like
to forget, isn't it?

Shooting an unarmed man.

Tell you the truth, ma'am,

I don't believe that
it was me that did it.

If I was conscious
enough to shoot a man,

I'd be conscious enough
to see that he was unarmed.

In my mind, there's
no two ways about that.

You really believe
that, don't you?

Mrs. Pitts, I don't know who
shot your husband, or why,

but I'm gonna make it
my business to find out.

Sooner or later, I'll find out.

In the meantime,
everybody thinks you did it.

Well, I'm afraid people
will just have to believe

what they want to.


Well, whenever you find
the man that killed Leo,

then maybe I'll believe it, too.

Couldn't ask for
any more than that.


Sit down. I'll fix
you a cup of coffee.

All right.

You know, I, uh...

I really should hate you.

Well, I, uh, wouldn't
blame you for that.

You think they'll
try you for murder?

Cowboy said there was an old
man who saw the whole thing.

I mean, he saw...
Leo didn't have a gun.

- I know.
- I'll tell you something.

You're a lot different
than I expected.

That so?

Well, from what Leo said,

I thought you were
the devil himself.

Yeah, Leo carried

quite a grudge
against me, didn't he?

Leo was wrong
sometimes, Marshal, but...

he wasn't all bad.

I never figured he was.

He married me.

He knew I'd been a saloon
girl for the last six years.

How many men do you know
who'd marry a... saloon girl?

I owed him a lot.

Well, thanks for
the coffee, Mrs. Pitts.

If there's anything
I can do for you,

you let me know.

Yeah, I'll let you know.



Mmm, excuse me, Mr. Dillon.

Well, there you are.

Now, that there is just as
fresh as a June morning.

Oh. Thank you.

Well, I'll go on down
and get the mail.

Well, that's a good idea.

Uh... well, hello.

How do you do, m...?
Uh, come in, come in.

Why, thank you.

Uh, Mr. Dillon?


Hello, Mrs. Pitts.

This is Chester Goode.
Mrs. Pitts, Chester.

- Oh, uh, I declare.
- Chester.

Well, wouldn't you
like to sit down?

Yes, thank you.

Oh, uh, the mail, yeah.

Well, I, uh... I
got to be going.

It was awful nice to
have met you, Mrs. Pitts.

Uh... same here, Chester.

Well, now it's my turn to
get you a cup of coffee.

Thank you.

Oh, by the way,

I do have a name...
It's, um... it's Lily,

and I would prefer
you call me that.


Now, tell me, uh, what
brings you to Dodge?


the prairie's no place
for a woman alone.

You mean you're gonna stay here?

Mmm, all depends.

Well, one of the things I
want to get straightened out

is about the gold
Leo put in the bank.

Oh, have you been
over to see Mr. Botkin,

the president, over there?

Mmm. He, uh, said
the circuit court judge

was due in today.

Mm-hmm. Well, maybe we
can get a lot of this settled.


Well, tell me,
Marshal, will, um...

will that gold really be mine?

Well, it'll be up to Judge
Brooking to decide.

Marshal, I know
what you're thinking...

I'm a cold-blooded woman
who never did love her husband,

talking like this, Leo
hardly in his grave.

No, you have to make your plans.


Well, you see, I was grateful
to Leo for marrying me.

I never once...

not-not once did I ever
tell him that I loved him.

But I was grateful, and...
and I owed him a lot.

Do you, uh... do you believe me?

No reason not to.


Well, a woman, uh...

like me doesn't
have to lie very much.

We... stopped hiding
things a long time ago.

Anyway, I'm staying,
uh, in town overnight.

Well, good. As soon as
I've talked to the judge,

I'll let you know.

Oh, about the money, yes.

Uh, what if he says that,
um, you'll have to stand trial?

Well, then I guess I'll
just have to stand trial.


You don't seem
very worried about it.

Well, I'll tell you, I've
taken chances too long

to start worrying about 'em now.

But you could hang for this.

I don't think so... There
weren't any witnesses.


That's possible.


I must be going.

All right.

I'll let you know
about the money.

Fine. I have a room
at the Dodge House.

Uh... I don't
understand this myself,

but I... find it harder
and harder to hate you.


Hello, Judge.

Oh, Marshal Dillon.
Sit down, sit down.

Thank you.

Well, you look all right to me.

- How's that?
- Well, that fever you had.

I thought you might
be looking peaked.

Oh, well, you heard
about that already?

- Certainly.
- Well, I was on my way

up to Larned to see
you when it hit me.

So I hear, so I hear.

Judge, I didn't expect you in
town for another week or so.

Well, we wound
things up fast in Larned.

That's why I sent
you the telegram.

Uh-huh. Well, what time
did your stage get in?

Early. There was an extra stage.

Oh. I didn't know that.

Well, I guess you've
heard the story, then,

all about Leo Pitts.

Oh, yes, yes, I heard about him.

The fact that I shot him?

Yes, that's what
I heard, all right.

And that he was unarmed?

That's what they told me.

That's what everybody thinks.

Well, you know, Judge,
I've been in your courtroom

a lot of times over the years,
but never as a defendant.

Oh. So you think you
should stand trial, do you?

Well, I'm the defendant,
Judge; that's not up to me to say.

I've known you for a
long time, Matt Dillon,

and I think I'm a fair
judge of character.

I kind of doubt
you shot that fella.

Well, Judge, I appreciate
you saying that.

But, you know,
somehow all the evidence

seems to point to the
fact that I did shoot him.


Yes, that's right.

But when I close my eyes

and try to picture Leo Pitts
standing there unarmed

and you firing on him, and...

well, it just don't work.

And I've got a good
imagination, too.

Yes, I have.

You know, Judge,

uh, to tell you the truth,
I was in a big fever,

and I just don't remember
a thing that happened.

Fevered or freezing, Matt
Dillon, drunk or sober...

a man's basic moral
instincts are still working.

So like I say, I...

I just can't see you
pulling the trigger

on a helpless man.

I've already written
out my decision.

Sent it to the Justice
Department in Washington.

No trial?

No trial.


I thank you, Judge.

Oh, uh... and about that
other matter... Leo Pitts' gold...

You were right there, too.

It's his... or rather,
it's his widow's now.

All clear and legal.


By golly, you get
around fast, Judge.

I ran into Mr. Botkin.

I told him.

Then I found Mrs. Pitts here
at the hotel, and I told her.

It's a good thing I didn't
meet that stage this morning.

I might have just
got in your way.

Well, I... I guess I should
have let you know I was here,

but I enjoyed doing it this way.

You don't mind, do you?

No, Judge...

I don't mind.

Well, what other
business there is,

we'll take up tomorrow.

I'm going to bed.

Good night.


Hey, Marshal.

This is for you.

Oh, thanks. Uh... who's it from?

You better read it.

I was just paid to deliver it.

"Room 21. Dodge House.

"Must see you.


What's that about?

I don't know.

I guess I better get
over there and find out.

See you later.

Um, come in.

Well, Marshal Dillon.

- Come in.
- Lily.

Uh, please come in.

As a matter of fact,

I've been waiting for you.

- Sit down.
- Look, I can only...

I insist.

Oh, it's all right. Sit down.

Uh, can I offer you a drink?

Oh, no, thanks.

What was it you
wanted to see me about?

Oh, um, Judge Brooking
came to see me late today.

Yeah, he told me.

Well, then you know. Uh...

there's no question
about Leo's gold... it's...

clear and free.

Belongs to you now.

You know, I have a...

a confession to
make to you, Marshal.

I don't hate you at all anymore.

Well... glad to hear that, Lily.

Uh, but, uh, what'd you
want to see me about?


- You.
- Mm-hmm.

What are you gonna do about me?

What am I gonna do about you?

Well, don't you even
find me attractive?

Sure. Sure, I do, but, uh...

Well, listen, there's-there's
also the ranch land and $5,000.

Now... now, you and I
could have a great deal of fun

spending that together.



Sorry, Lily.

Uh, do you realize I've
just offered you a fortune

with no strings attached?


- So long.
- Mmm.


Marshal Dillon.

I been waiting for you.

I'm Sam Pitts.

- Sam Pitts?
- Mm-hmm.

Leo's brother.

Word come about Leo, and I rode
down from the Smoky Hill River.

I see.

Well, uh, Pitts, look, I'm
sorry about your brother,

but I'm afraid there's not
much can be done for him now.

Oh, yeah.

I can do my duty by him.

What does that mean?

Well, that means I got
to revenge him, Marshal.

The way I heard it, Marshal,

the way everybody here's
been telling the story,

I thought it was you I
was gonna have to kill.

You thought it was?

Well, I been watching you.

I been watching you real close.

You didn't do it.

You didn't shoot him.

What makes you think that?

Well, I got my
own mind, Marshal,

and I got my own ideas.

I hear the woman
that Leo married,

she's one of them...

one of them w-women.

Well, your brother married her.
Isn't that good enough for you?

I guess you ain't been
around much, Marshal.

But them kind of
women, they're...

they're evil.

I, uh... I just wanted
to tell you so...

so you wouldn't be
worried about getting killed.

- Good night, Marshal.
- Pitts.

You leave this to me, you hear?


- Lily.
- Oh... Oh.

- Give you a hand.
- Thank you, Marshal.

I, um... I decided I'd go out
to the house for the last time.

What do you mean?

Oh, I have a small
trunk of personal things.

I thought I'd go out
and bring it back in.

Well, what then?

Well, I'll probably
sell the land.

Mr. Botkin says it
should bring $1,000 or so.

Good luck.

Well, luck is something
you make, Marshal.

Something you work for.

- Well, maybe.
- Oh.

Like you and me.

Now, if you had
accepted my offer

last night, that
would've been pure luck.

Oh, by the way, I'm not
going to leave Dodge.

I'm going to live here.

You know what that means?

That means I'm going to
change your mind about me.


Mr. Dillon, did you know that
Leo Pitts's brother's in town?


You did? Well, you never
told me nothing about it.

Well, I saw him on the
street the other night.

- Where'd you see him?
- Well, I didn't.

I-I was just down
at Moss's place,

and he told me it was
him. He's gone now.

- Huh?
- Yeah.

Moss said that he'd left just a
few minutes before I got there.

Where'd he go? Did Moss say?

Said that he asked the
way to Leo's place, that's all.

If he come to bury his brother,
he's kind of late, ain't he?

Come on.

We better get out there.

Well, I guess Sam
Pitts is here all right.


Check back there, Chester.


Lily, what happened?

Sam Pitts...

thought I... I did it.

Killed Leo.

And he...

he beat me...

to make me admit it.

Where's Sam now?

He saw you coming, and...

he ran out.

He ain't back there, Mr. Dillon.

- You want to look outside for him?
- No, not just now.

I, uh... Let-let me talk.

- Now, just take it easy, Lily.
- No, now, listen.

See, Leo saw you that day...


He went back to get his gun.

And I... I followed
him back to the cabin,

because I...

I-I didn't want to see
him get killed, and...

By the time I got there,

he was dead, and...

you were passed out.

Well, you're saying
that I killed him, then.

But he had his gun
in his hand, and he...

he'd have killed you anyway.

Well, he didn't have no
gun when we saw him.

I took it.

And his gun belt, too.

But why, Lily?


Leo wanted to... to get you,

and he didn't.

And I-I owed Leo an awful lot.

So I...

I tried to get even with
you for him anyway,

even though he was dead.

I-I didn't know you
then, Marshal, and...

That came later.

Did you tell Sam all this?

Oh, I-I would have...

but he saw you coming, and he...

oh... he hit me with
a chair, and he...

and he... and he ran.

Chester, you do
what you can for her.

That was just a
warning, Marshal.

You better back out
while you still got a chance.

Lily didn't kill
your brother, Pitts.

Well, you ain't
taking me in just for...

for beating her a little.

I killed him.

I figure she set it up
to make it look that way.

Well, I believe her.

It was me that killed
him, but he was armed.

Now you're lying.

No, Lily hid the gun.

A woman like that...
and you believe her?


Well, that makes me change
my mind about you, Marshal.

You're no good, either.

It was you that
done it, all right.

Leo was armed, I tell you.

You and that woman...

you're both evil.

I'm gonna kill you now.

You got him, huh?


Mr. Dillon, uh...

Lily... she's dead.

She said for me to
tell you something.

She said that, uh,
you ought to not worry

because, uh, she wouldn't
be bothering you no more.

What-what'd she mean by that?

Well... maybe I'll tell
you sometime, Chester.

Yes, sir.

Come on.