Kung Fu (1972–1975): Season 2, Episode 13 - Empty Pages of a Dead Book - full transcript
lf l was you, feller,
l wouldn't even twitch.
Come on over here.
l've been expecting somebody.
A Texas feller.
lf you come from Texas,
l'm a city boy.
l was fixing to open me
a can of beans.
-You're a cook?
-No.
Too bad.
lf you cooked, why, you might
be able to help me out some.
You can join me if you're a mind to.
l will sit with you.
Reckon you wonder
why l was so unfriendly.
l rode over to Medford Junction,
picked me up a little bit of news.
They tell me that
Captain McNelly's boys...
...are three days out of Texas
and heading this way.
Oh, no, thanks.
l reckon you never heard
of Captain McNelly.
He died real recent.
Used to head up a company
of Texas Rangers.
He was the kind
that used to shoot a feller...
...then find out if he's guilty
or innocent afterwards.
The meanest lawman l ever seen.
Word is that his son's
just exactly like him.
You fear a lawman?
Hold it!
Real still, now.
-McNelly?
-That's who l am.
All right, on your feet. Both of you.
Chinaman, got me a notion
that you set me up.
All right, now, on the ground.
Quick, now. Both of you,
on the ground. Face down, arms out.
You. On your feet.
Keep your hands up now, you hear?
l know who he is.
-Who are you?
-l am Caine.
McNelly, you couldn't know who l am.
-You never laid eyes on me in your life.
-My grandma did.
She just moved into your town.
You're Bart Fisher.
You and your kin are wanted
for high crimes in Texas.
Well, this ain't Texas!
You sit a Dick Hay saddle.
There was nine of them
taken in a raid on his place.
My papa tracked down all but one.
That one.
That was a long time ago.
What gives you the right
to come after me now?
This, here.
This makes me the law.
Why do we have laws?
To help us live in harmony.
The law of the fast...
...seeks to strengthen the spirit...
...by purifying the body.
A man may die...
...from a hunger of the body...
...but whole nations have fallen...
...from that of the spirit.
Discipline.
Discipline cures.
The fruit of this tree is delicious...
...but in the discipline of our fast...
...no one may touch it, not even l.
Then why show it to us, master?
lt is already difficult for us to fast.
To be certain you know
and understand the law.
lt will test you.
Do not break it.
All right, Fisher, get up.
Get on your horse.
-You too. Let's go.
-Why?
You're with him,
you likely done something wrong.
-Stay away from him!
-He is hurt.
What did l tell you?
A McNelly would shoot a man
just for grabbing up his canteen.
You were going for your gun.
My gun is over yonder.
l carry a book, Fisher.
My papa's outlaw book.
And in it, under each man's name...
...it tells what he did, when he did it...
...and how he operated.
Under your name,
there's a little note...
...saying you always carry...
...a backup gun in your saddlebag.
l just wanted my canteen.
You're just like your old man...
...a killer with a badge.
-Can he ride?
-He will be in pain.
Can he ride?
Yes.
Then he rides. Come on.
Bart, what happened?
He's my prisoner.
He shot me, Charlie,
for no dang reason at all.
Sheriff, l'm Clyde McNelly,
Texas Rangers.
He's a wanted man under arrest.
You'd better get him to the doc.
All right, let's hold up, now.
All right, Fisher, get on down.
Take these horses over to the livery.
Tell them the name's McNelly.
A day or so, Bart, and that
old shoulder should be good as new.
You got yourself another wrinkle,
that's about all.
l sure am much obliged to you, doc.
-Good morning, doctor.
-Hello.
-Howdy, judge.
-Bart, what is this all about?
-What's it about?
-Would you please stop playing?
He shot me, that's what it's about.
Pure and simple.
And l never give him
no call for it, neither.
Ask the flute player. He seen it all.
All right, Bart. l'll look into it.
McNelly, by whose authority
are you a Texas Ranger?
My papa, Captain Leander McNelly.
His company was disbanded
three years back.
-That's the word l got.
-My papa retained his commission.
But why did you arrest this man?
He's a wanted criminal.
l'm an honest man, judge.
Shoot, l ain't even had
a crooked thought in years.
That's right. l granted him
a judicial pardon myself...
...and l have not regretted it.
His name's right here
in my papa's outlaw book.
Captain McNelly's book.
That's a list of the men he murdered
or was planning to.
My papa was the best lawman
in Texas...
...or anyplace else, for that matter.
Yes. Everyone has heard
of your father, McNelly.
But tell me what gave you cause
to fire at Bart.
He was going for his saddlebag.
He's known to keep a backup gun there.
l was afraid he'd grab it,
try to shoot his way out.
-Bart?
-l was just reaching for my canteen.
-l told you to get on your horse.
-l was thirsty!
He made a suspicious move,
Your Honor.
l ain't packed a pistol in that saddlebag
of mine in years, judge. You know that.
Was he going for his saddlebag
or his canteen?
l did not see.
-May l use this room, please?
-Certainly.
Come with me, please.
Some men have a way
of making people...
...afraid of them.
l want you to know that if you tell me
the truth, l will protect you.
-You will come to no harm.
-l am not afraid.
Good. Then tell me what happened.
l saw the ranger fire.
l turned, and the big man was shot.
Tell me, McNelly...
...before you fired at Bart,
did you caution him...
...or fire a warning shot?
Well, l couldn't take that chance,
Your Honor. He's a criminal.
He's the one that's a criminal, judge.
McNelly, l'm not prepared to rule
on your authority outside of Texas...
...or for a crime eight years old...
...but Bart Fisher here is not a criminal
in my jurisdiction.
Now, l can't seem to establish
just what he was doing...
...but regardless of what you thought
he was reaching for...
...you clearly failed
in your responsibility...
...to give him proper warning
before you shot.
Therefore...
...l am forced to take this.
You can't do that.
l'm sworn to close out this book!
Around here, McNelly, you'll conduct
yourself as a private citizen...
...and not as a law officer,
and that is a court order.
-Do you note that, sheriff?
-Yes, sir.
Oh, Charlie,
would you hand me my rifle?
Because of you....
Because of you,
l had to deal with them...
...strictly according
to the letter of the law.
l hope it was justice.
-Bart, how you feeling?
-He's all right. He's walking, ain't he?
Oh, it's just a crease. Nothing serious.
-Hi there, little brother.
-How you doing, Bart?
So that's the McNelly that shot you?
Yep, that's him.
There he stands, free as a bird.
Hey, McNelly, you want to tell
my little brother why you shot me?
-We'd like to hear it, McNelly.
-Yeah, come on. Speak up.
Now, hold it, boys. We all lived
a lot of years here peaceful.
We're gonna keep it that way.
Sheriff's right, boys.
Come on, let's get out of here.
Hey, you cost me my badge.
Now, why didn't you tell
that judge what happened?
l told him what l could.
lf you had, that criminal would
be where he belongs right now.
l thought he was forgiven.
His name's in the book.
You don't seem to understand
what that means.
But you're gonna understand.
So there goes a real, live McNelly.
That's what it is.
Hey, McNelly, you look kind of small
without that badge.
-He looks downright naked to me.
-How's it feel, boy?
What you gonna hide behind now?
McNelly.
McNelly!
What do you do on your own?
Just yourself? Man-to-man?
You know, l never known
the McNellys was Chinese.
You know, he used that Chinaman,
is what he did.
Used him to set me up.
He could have killed you, Bart.
Judge told him to lay off of me,
though.
Well, a little thing like a judge
never stopped a McNelly.
That's a fact.
We're still in that book,
though, ain't we?
My son, captain...
...come into the wildest country
this side of Hades.
An oasis strip...
...state of Texas.
Hold that.
There was no law when he came.
He created law.
He and his men took inventory...
...of all the murderers and thieves.
He put the names down in his book.
You got that book, Clyde?
Clyde.
Before he took sick,
he'd accounted...
...for every one of those names
except four...
...the Fishers:
Bart, Luwaine...
...Jason and the young one, Joe Billy.
Those are the names
that will be crossed out with them.
Grandma, the judge took my badge.
He didn't take that book, did he?
-No, ma'am.
-He can't take it, boy. You hear?
Yes, ma'am.
-You live by this book?
-Ma'am, you know l do.
Then what the devil happened?
Bart Fisher looked to resist
your arresting him, did he not?
-Yes, ma'am, he did.
-Then why isn't he behind bars?
That fool judge wouldn't take
my word against Fisher's...
...and Caine here
wouldn't back me up.
Sir...
...you stood in the way
of Clyde's sworn duty...
...to complete his father's work.
l could not say what l did not see.
You had to see, you were there.
l can see you're a man
who has no respect for the law.
Does not the law serve the truth?
Bart Fisher's an outlaw.
All the Fishers are outlaws.
That's the truth.
My son, Leander...
...scourge of anybody
who broke the law in Texas.
When he died, l moved here.
He loved that Texas soil.
Everywhere l looked, l saw his ghost.
lt's the church bells.
Time for church.
l'll pray for you, Chinaman.
l'll pray you find the courage
to stand with the law...
...not agin it.
Thank you.
Clyde.
Now, don't you let him run off.
lt's his duty to speak up.
l reckon he'll see
the light soon enough.
Grandma, how am l gonna make
that judge see the light?
You're the captain's son,
and you swore to do your duty...
...judge or no judge.
There'll be no names in that book
without a line through them.
No, ma'am.
Admiring my tree, Kwai Chang?
Yes, master.
What is my duty to the law?
You must assist the law
to serve justice.
l have seen a law broken.
Would l serve justice
if l let it go unpunished?
What is the purpose of this law?
Discipline.
And who is served by this discipline?
Each one who obeys the law.
Then, to break a law of self-discipline...
...denies justice only to oneself.
ls it the same with all laws?
Consider:
lf you break them...
...do you deny justice only to yourself?
Yeah!
Not bad. Not bad at all.
-How's that arm there?
-Shoulder.
Good a time as any, seems to me.
l'm all for giving him
a whupping, Joe Billy...
...but l'd sure hate to see you
stop a bullet like l did.
You don't think he'd shoot
an unarmed man, do you?
-With all of us around as witnesses?
-Hell, he's a McNelly, ain't he?
Yeah, but even a McNelly's
not that crazy.
Well, why don't we go and find out.
McNelly! Hey, McNelly!
l hear you got my name written down
in that book of yours.
Your name Joe Billy Fisher?
-That's me.
-Then you heard right.
Luwaine, your name's down
in that book, now, ain't it?
lt is.
l ain't even so much as carried a gun
in years, like none of us have.
Once a man gets his name writ in it...
...no matter what he does,
he can't get it out.
McNelly, you shot Bart
when his back was turned to you.
Must have learned that
from your daddy.
l'm gonna give you
the same chance at me.
Now, ain't you as good
as your daddy?
Go get him. Stick it on him.
Joe Billy. Joe Billy!
Joe Billy! Joe Billy!
What's the matter with him?
His neck's broke.
He's dead.
My little brother's dead.
lt's all your fault.
l'm gonna see that
the two of you pay for it.
There they are.
There they are, the murderers!
They killed my little brother,
is what they done.
They ought to be hanging
from a tree right now.
-Joe Billy never did nothing.
-Go sit down.
And l say it's a waste of time,
that's what it is.
Quiet!
These men are on trial for their lives,
and this court will be silent.
And this tribunal will be conducted
properly and fairly.
-McNelly, how do you plead?
-Not guilty, Your Honor.
What do you mean, not guilty?
And you?
Not guilty.
To the charge of murder...
...on the body and person...
...of Joe Billy Fisher...
...pleas of ''not guilty''
have been entered by the accused.
You know you're entitled
to a jury if you want one.
-We'll have Your Honor hear the case.
-So be it.
Sheriff, start with the witnesses
who made these charges.
Yes, sir.
Bart, may as well start with you.
Well, sure, sheriff.
Well, sir-- Your Honor...
...you knew my little brother,
Joe Billy.
Well, he had kind of a temper...
...and he was pretty concerned
about what McNelly here did to me.
Joe Billy said he wasn't
just gonna sit around...
...and let McNelly here kill him
like he tried to do me.
-That's a lie. l--
-lt ain't a lie!
Now, McNelly, this is a court of law...
...and you'll get your turn to speak.
So Joe Billy and the rest of us, we went
up to where the two of them was.
What did Joe Billy have in his mind?
He was gonna go up there
and call him out...
...have it out with him, man-to-man.
l ain't gonna lie to you, judge. He was
pretty upset about the whole thing.
He knew his name was
in that book of McNelly's...
...and that's what got him riled.
-And that's when the fight started.
-Right.
Yeah, well, McNelly, he comes out...
...and he says that Joe Billy's name
is in that book of his...
...and then he just hauled off
and hit him for no reason at all.
And then they started
flip-flopping down the stairs...
...and the rest of us got into it,
especially that Chinaman.
-Who killed Joe Billy?
-Well, the Chinaman and McNelly both.
That Chinaman,
l've never seen anything like him.
He's got the fastest hands. Why,
he was whipping us all pretty good.
We was trying to shake him loose
and get away.
Then, all of sudden,
they just picked up poor Joe Billy...
...and they carried him up the stairs
and threw him over the railing.
We seen it. lt was deliberate.
Had Joe right over the rail
and onto that table.
lf you don't stop them,
they're gonna kill us all.
Sheriff, were there
any other witnesses to this fight?
No, Your Honor.
Have you two anything to add
to what your cousin just said?
-No, sir. That's the way it happened.
-Just the way Bart said.
You. Caine.
Have you any light to shed
on this for us?
lt is as he said...
...except for the last.
Joe Billy climbed
to get his gun and fell.
Well, that don't make sense, judge.
lf Joe Billy was gonna use a gun,
he'd have brought one in the first place.
Quiet! l will have quiet here.
McNelly, tell us
what you know about this.
Caine's telling the truth.
He picked his fight with us, and
Caine was whipping him pretty bad...
...and l reckon Joe Billy climbed up
to try to get my gun.
l didn't see him climbing up,
but l saw him fall.
We was both on the ground, so we
couldn't have hauled him up there.
l reckon he must have
broke his neck when he fell.
Well, that's it. That's the truth...
...on my oath as a lawman
to uphold the truth.
You ain't no lawman! You're a murderer
just like your old daddy was!
Quiet!
Your Honor,
Joe Billy died from that fall...
...trying to go for my gun,
and that's the truth.
So we seem to have the word
of three men against two.
And you've showed
no hesitation this time, Caine...
...in telling us what you know.
l told what l saw.
McNelly...
...is the name of Joe Billy Fisher...
...written down
in your father's outlaw book?
Yes, sir, it is.
-And is this book in court?
-Yes, Your Honor.
McNelly, this entry on Joe Billy
is 8 years old, same as the others.
ln Texas, they'd have been
in jail eight years ago.
lf we'd stayed in Texas...
...we'd been hung by your daddy
and that pack of murdering--
He cleaned up the whole state of Texas.
He made it a law-abiding place to live.
-Yeah, he sure would have--
-Enough!
The rendering of a sentence...
...is never a simple task
for a magistrate...
...who is human, and therefore
realizes he could be wrong.
And yet there is
an overriding demand of law:
The demand that there will be law...
...and that it will be enforced.
Now, a man is dead...
...and l must believe someone
about how it happened.
Now, the Fishers here, to a man...
...have never stepped out of line...
...never once since they settled
here in Dos Rios. Never once.
Unfortunately, l cannot say
the same for you, McNelly.
You started off
by shooting Bart Fisher...
...for a highly doubtable cause
and without proper warning.
And then, even after l took your badge
from you, you made it quite clear...
...that you still intended
to carry out your father's work.
All things considered...
...l can only believe
that you and your partner...
...took advantage of Joe Billy's anger...
...and changed what should
have been a simple fistfight...
...into an act of deliberate murder.
And that is exactly
what your father would have done.
lt is, therefore,
the judgment of this court...
...that at midday tomorrow...
...you will both be taken
to a place of execution...
...and hanged by the neck
until you are dead.
And may God have the mercy on you
that l, by the law...
...am not entitled to show.
You saw me take the plum?
Two times now.
And you said nothing?
l said nothing.
My young friend is almost
strong enough to fly away.
You broke the master's law.
l thought the fruit of a love tree
would be better for my little friend.
Was I wrong to break the law?
Disgrace, that's what it is.
A crime and a disgrace.
Son of the greatest lawman ever
in jail. Aren't you ashamed?
-Yes, ma'am.
-Wouldn't dare do this to his father.
Grandma.
Didn't even bother my bones
to sit in on that fool trial.
Couldn't take it serious. Still can't.
There's no real law in this state.
lf there was,
Clyde would be a hero right now.
True son of your father's.
lt's led many a man
into trouble, ma'am.
l'll tell you what kind of a man
Clyde comes from.
Best saddle maker in all of West Texas
was a man named Dick Hay.
One night,
outlaws stole nine of his saddles.
Captain left orders for the Little
McNellys-- That was his company.
Shoot any man they saw sitting
a Dick Hay saddle right out of it.
Ask questions later.
You know how many of those saddles
Dick Hay got back?
-l expect a lot more than was taken.
-You got the truth of it.
Out of the nine saddles that was stolen,
1 4 was returned.
Men was afraid to sit them.
That's fear of the law for you.
Fear of the law
or fear of Captain McNelly?
-They were both the same thing.
-Grandma.
What am l gonna do?
You honored the captain's memory.
You honored the law.
Grandma...
...they're gonna hang me.
l don't believe it.
They'd never hang a son
of Captain Leander H. McNelly.
l always thought...
...the law was
the most important thing.
Now it's gonna...
...kill me for something
l didn't even do.
And it's legal.
Trial was legal.
Judge did what he thought was right.
Put it all together, and it's the law.
l lived by it.
l sure don't wanna die by it.
That wife of mine can sure cook.
They're out. Get the boys.
Two horses with riders.
Those rocks!
-Let them go.
-We gotta keep moving, or they'll find us.
lf we are still, perhaps they will not.
l'm being--
l'm being hunted.
McNellys was always
on the side of the law.
You have told the truth.
l escaped.
l broke the law.
My papa always taught me
to uphold the law.
lf they catch you, they will hang you.
ls that justice?
lt's the law.
l broke the law.
l have broken the law, master.
-l ask forgiveness.
-As l do.
Why did you not come
and tell me of your injured dove?
l have broken your law, master,
and you told me, ''Do not break it.''
Then the wrong that was done
was to yourself.
Young Caine, when you observed
Yet-Sen take the plums...
...you presumed they were for himself.
l did, master.
Then the wrong you did
was to Yet-Sen.
And to you, master,
by not telling you.
And l have done a greater wrong
to you both.
How?
By leading you to attend
only to the letter of the law...
...and not respect its meaning.
l bow to you both.
Hold it!
Now, one warning's all you get.
That's more
than you gave Bart Fisher.
Now, over by the Chinaman.
Keep your hands high.
-How'd you find us so quick?
-Before l was a sheriff, l was a tracker.
You wasn't hard to find.
Now, on the ground. Face down.
You're wrong, sheriff. l'm not a criminal.
l'm a lawman like you.
Not like me. You're an escaped
murderer fleeing from justice...
...just like your partner here.
Oh, you're wrong. We're innocent.
Joe Billy died from a fall.
The judge didn't see it that way.
That's good enough for me.
-What if you're wrong?
-l'm not wrong.
The law says you're guilty,
so you're guilty.
That's what my papa used to say.
Your father was a man
that gave law officering a bad name...
...so l won't enjoy hanging you,
but l won't be too upset neither.
Now, on your feet.
ls he dead?
He will die if we do not
get him to a doctor.
We can't do that. They'll hang us.
lf we let him lie here,
we will be murderers.
There's a lump under the skin
and some bleeding.
That Chinaman put a poultice on it.
l'd like to know what that was.
Anyway, he'll live.
Well, that's a relief.
He wouldn't have
if he'd been left very long.
A hard head can only help
a man so much.
Yes.
Wait outside. l want to talk to them.
You could have kept on running.
Why didn't you?
We have told the truth.
All of it?
About Joe Billy, yeah.
Now, the first time...
...when l shot Bart...
...he may have been right.
l don't know. l just don't know.
Your father never would have
admitted that.
He is not his father.
Yes.
l based my conviction on credibility.
You two versus the three Fishers.
l may have passed judgment
on the wrong McNelly.
People never appreciate a great man
till he's long dead.
Grandma...
...what l did was wrong.
What Papa did was wrong too.
The greatest lawman ever lived.
Captain Leander H. McNelly.
Caine.
-l--
-You owe me nothing.
l don't want it.
What about them?
You're the law here.
Judge?
lt would be proper
if you'd bury this with Joe Billy.
l loved my father.
l wouldn't even twitch.
Come on over here.
l've been expecting somebody.
A Texas feller.
lf you come from Texas,
l'm a city boy.
l was fixing to open me
a can of beans.
-You're a cook?
-No.
Too bad.
lf you cooked, why, you might
be able to help me out some.
You can join me if you're a mind to.
l will sit with you.
Reckon you wonder
why l was so unfriendly.
l rode over to Medford Junction,
picked me up a little bit of news.
They tell me that
Captain McNelly's boys...
...are three days out of Texas
and heading this way.
Oh, no, thanks.
l reckon you never heard
of Captain McNelly.
He died real recent.
Used to head up a company
of Texas Rangers.
He was the kind
that used to shoot a feller...
...then find out if he's guilty
or innocent afterwards.
The meanest lawman l ever seen.
Word is that his son's
just exactly like him.
You fear a lawman?
Hold it!
Real still, now.
-McNelly?
-That's who l am.
All right, on your feet. Both of you.
Chinaman, got me a notion
that you set me up.
All right, now, on the ground.
Quick, now. Both of you,
on the ground. Face down, arms out.
You. On your feet.
Keep your hands up now, you hear?
l know who he is.
-Who are you?
-l am Caine.
McNelly, you couldn't know who l am.
-You never laid eyes on me in your life.
-My grandma did.
She just moved into your town.
You're Bart Fisher.
You and your kin are wanted
for high crimes in Texas.
Well, this ain't Texas!
You sit a Dick Hay saddle.
There was nine of them
taken in a raid on his place.
My papa tracked down all but one.
That one.
That was a long time ago.
What gives you the right
to come after me now?
This, here.
This makes me the law.
Why do we have laws?
To help us live in harmony.
The law of the fast...
...seeks to strengthen the spirit...
...by purifying the body.
A man may die...
...from a hunger of the body...
...but whole nations have fallen...
...from that of the spirit.
Discipline.
Discipline cures.
The fruit of this tree is delicious...
...but in the discipline of our fast...
...no one may touch it, not even l.
Then why show it to us, master?
lt is already difficult for us to fast.
To be certain you know
and understand the law.
lt will test you.
Do not break it.
All right, Fisher, get up.
Get on your horse.
-You too. Let's go.
-Why?
You're with him,
you likely done something wrong.
-Stay away from him!
-He is hurt.
What did l tell you?
A McNelly would shoot a man
just for grabbing up his canteen.
You were going for your gun.
My gun is over yonder.
l carry a book, Fisher.
My papa's outlaw book.
And in it, under each man's name...
...it tells what he did, when he did it...
...and how he operated.
Under your name,
there's a little note...
...saying you always carry...
...a backup gun in your saddlebag.
l just wanted my canteen.
You're just like your old man...
...a killer with a badge.
-Can he ride?
-He will be in pain.
Can he ride?
Yes.
Then he rides. Come on.
Bart, what happened?
He's my prisoner.
He shot me, Charlie,
for no dang reason at all.
Sheriff, l'm Clyde McNelly,
Texas Rangers.
He's a wanted man under arrest.
You'd better get him to the doc.
All right, let's hold up, now.
All right, Fisher, get on down.
Take these horses over to the livery.
Tell them the name's McNelly.
A day or so, Bart, and that
old shoulder should be good as new.
You got yourself another wrinkle,
that's about all.
l sure am much obliged to you, doc.
-Good morning, doctor.
-Hello.
-Howdy, judge.
-Bart, what is this all about?
-What's it about?
-Would you please stop playing?
He shot me, that's what it's about.
Pure and simple.
And l never give him
no call for it, neither.
Ask the flute player. He seen it all.
All right, Bart. l'll look into it.
McNelly, by whose authority
are you a Texas Ranger?
My papa, Captain Leander McNelly.
His company was disbanded
three years back.
-That's the word l got.
-My papa retained his commission.
But why did you arrest this man?
He's a wanted criminal.
l'm an honest man, judge.
Shoot, l ain't even had
a crooked thought in years.
That's right. l granted him
a judicial pardon myself...
...and l have not regretted it.
His name's right here
in my papa's outlaw book.
Captain McNelly's book.
That's a list of the men he murdered
or was planning to.
My papa was the best lawman
in Texas...
...or anyplace else, for that matter.
Yes. Everyone has heard
of your father, McNelly.
But tell me what gave you cause
to fire at Bart.
He was going for his saddlebag.
He's known to keep a backup gun there.
l was afraid he'd grab it,
try to shoot his way out.
-Bart?
-l was just reaching for my canteen.
-l told you to get on your horse.
-l was thirsty!
He made a suspicious move,
Your Honor.
l ain't packed a pistol in that saddlebag
of mine in years, judge. You know that.
Was he going for his saddlebag
or his canteen?
l did not see.
-May l use this room, please?
-Certainly.
Come with me, please.
Some men have a way
of making people...
...afraid of them.
l want you to know that if you tell me
the truth, l will protect you.
-You will come to no harm.
-l am not afraid.
Good. Then tell me what happened.
l saw the ranger fire.
l turned, and the big man was shot.
Tell me, McNelly...
...before you fired at Bart,
did you caution him...
...or fire a warning shot?
Well, l couldn't take that chance,
Your Honor. He's a criminal.
He's the one that's a criminal, judge.
McNelly, l'm not prepared to rule
on your authority outside of Texas...
...or for a crime eight years old...
...but Bart Fisher here is not a criminal
in my jurisdiction.
Now, l can't seem to establish
just what he was doing...
...but regardless of what you thought
he was reaching for...
...you clearly failed
in your responsibility...
...to give him proper warning
before you shot.
Therefore...
...l am forced to take this.
You can't do that.
l'm sworn to close out this book!
Around here, McNelly, you'll conduct
yourself as a private citizen...
...and not as a law officer,
and that is a court order.
-Do you note that, sheriff?
-Yes, sir.
Oh, Charlie,
would you hand me my rifle?
Because of you....
Because of you,
l had to deal with them...
...strictly according
to the letter of the law.
l hope it was justice.
-Bart, how you feeling?
-He's all right. He's walking, ain't he?
Oh, it's just a crease. Nothing serious.
-Hi there, little brother.
-How you doing, Bart?
So that's the McNelly that shot you?
Yep, that's him.
There he stands, free as a bird.
Hey, McNelly, you want to tell
my little brother why you shot me?
-We'd like to hear it, McNelly.
-Yeah, come on. Speak up.
Now, hold it, boys. We all lived
a lot of years here peaceful.
We're gonna keep it that way.
Sheriff's right, boys.
Come on, let's get out of here.
Hey, you cost me my badge.
Now, why didn't you tell
that judge what happened?
l told him what l could.
lf you had, that criminal would
be where he belongs right now.
l thought he was forgiven.
His name's in the book.
You don't seem to understand
what that means.
But you're gonna understand.
So there goes a real, live McNelly.
That's what it is.
Hey, McNelly, you look kind of small
without that badge.
-He looks downright naked to me.
-How's it feel, boy?
What you gonna hide behind now?
McNelly.
McNelly!
What do you do on your own?
Just yourself? Man-to-man?
You know, l never known
the McNellys was Chinese.
You know, he used that Chinaman,
is what he did.
Used him to set me up.
He could have killed you, Bart.
Judge told him to lay off of me,
though.
Well, a little thing like a judge
never stopped a McNelly.
That's a fact.
We're still in that book,
though, ain't we?
My son, captain...
...come into the wildest country
this side of Hades.
An oasis strip...
...state of Texas.
Hold that.
There was no law when he came.
He created law.
He and his men took inventory...
...of all the murderers and thieves.
He put the names down in his book.
You got that book, Clyde?
Clyde.
Before he took sick,
he'd accounted...
...for every one of those names
except four...
...the Fishers:
Bart, Luwaine...
...Jason and the young one, Joe Billy.
Those are the names
that will be crossed out with them.
Grandma, the judge took my badge.
He didn't take that book, did he?
-No, ma'am.
-He can't take it, boy. You hear?
Yes, ma'am.
-You live by this book?
-Ma'am, you know l do.
Then what the devil happened?
Bart Fisher looked to resist
your arresting him, did he not?
-Yes, ma'am, he did.
-Then why isn't he behind bars?
That fool judge wouldn't take
my word against Fisher's...
...and Caine here
wouldn't back me up.
Sir...
...you stood in the way
of Clyde's sworn duty...
...to complete his father's work.
l could not say what l did not see.
You had to see, you were there.
l can see you're a man
who has no respect for the law.
Does not the law serve the truth?
Bart Fisher's an outlaw.
All the Fishers are outlaws.
That's the truth.
My son, Leander...
...scourge of anybody
who broke the law in Texas.
When he died, l moved here.
He loved that Texas soil.
Everywhere l looked, l saw his ghost.
lt's the church bells.
Time for church.
l'll pray for you, Chinaman.
l'll pray you find the courage
to stand with the law...
...not agin it.
Thank you.
Clyde.
Now, don't you let him run off.
lt's his duty to speak up.
l reckon he'll see
the light soon enough.
Grandma, how am l gonna make
that judge see the light?
You're the captain's son,
and you swore to do your duty...
...judge or no judge.
There'll be no names in that book
without a line through them.
No, ma'am.
Admiring my tree, Kwai Chang?
Yes, master.
What is my duty to the law?
You must assist the law
to serve justice.
l have seen a law broken.
Would l serve justice
if l let it go unpunished?
What is the purpose of this law?
Discipline.
And who is served by this discipline?
Each one who obeys the law.
Then, to break a law of self-discipline...
...denies justice only to oneself.
ls it the same with all laws?
Consider:
lf you break them...
...do you deny justice only to yourself?
Yeah!
Not bad. Not bad at all.
-How's that arm there?
-Shoulder.
Good a time as any, seems to me.
l'm all for giving him
a whupping, Joe Billy...
...but l'd sure hate to see you
stop a bullet like l did.
You don't think he'd shoot
an unarmed man, do you?
-With all of us around as witnesses?
-Hell, he's a McNelly, ain't he?
Yeah, but even a McNelly's
not that crazy.
Well, why don't we go and find out.
McNelly! Hey, McNelly!
l hear you got my name written down
in that book of yours.
Your name Joe Billy Fisher?
-That's me.
-Then you heard right.
Luwaine, your name's down
in that book, now, ain't it?
lt is.
l ain't even so much as carried a gun
in years, like none of us have.
Once a man gets his name writ in it...
...no matter what he does,
he can't get it out.
McNelly, you shot Bart
when his back was turned to you.
Must have learned that
from your daddy.
l'm gonna give you
the same chance at me.
Now, ain't you as good
as your daddy?
Go get him. Stick it on him.
Joe Billy. Joe Billy!
Joe Billy! Joe Billy!
What's the matter with him?
His neck's broke.
He's dead.
My little brother's dead.
lt's all your fault.
l'm gonna see that
the two of you pay for it.
There they are.
There they are, the murderers!
They killed my little brother,
is what they done.
They ought to be hanging
from a tree right now.
-Joe Billy never did nothing.
-Go sit down.
And l say it's a waste of time,
that's what it is.
Quiet!
These men are on trial for their lives,
and this court will be silent.
And this tribunal will be conducted
properly and fairly.
-McNelly, how do you plead?
-Not guilty, Your Honor.
What do you mean, not guilty?
And you?
Not guilty.
To the charge of murder...
...on the body and person...
...of Joe Billy Fisher...
...pleas of ''not guilty''
have been entered by the accused.
You know you're entitled
to a jury if you want one.
-We'll have Your Honor hear the case.
-So be it.
Sheriff, start with the witnesses
who made these charges.
Yes, sir.
Bart, may as well start with you.
Well, sure, sheriff.
Well, sir-- Your Honor...
...you knew my little brother,
Joe Billy.
Well, he had kind of a temper...
...and he was pretty concerned
about what McNelly here did to me.
Joe Billy said he wasn't
just gonna sit around...
...and let McNelly here kill him
like he tried to do me.
-That's a lie. l--
-lt ain't a lie!
Now, McNelly, this is a court of law...
...and you'll get your turn to speak.
So Joe Billy and the rest of us, we went
up to where the two of them was.
What did Joe Billy have in his mind?
He was gonna go up there
and call him out...
...have it out with him, man-to-man.
l ain't gonna lie to you, judge. He was
pretty upset about the whole thing.
He knew his name was
in that book of McNelly's...
...and that's what got him riled.
-And that's when the fight started.
-Right.
Yeah, well, McNelly, he comes out...
...and he says that Joe Billy's name
is in that book of his...
...and then he just hauled off
and hit him for no reason at all.
And then they started
flip-flopping down the stairs...
...and the rest of us got into it,
especially that Chinaman.
-Who killed Joe Billy?
-Well, the Chinaman and McNelly both.
That Chinaman,
l've never seen anything like him.
He's got the fastest hands. Why,
he was whipping us all pretty good.
We was trying to shake him loose
and get away.
Then, all of sudden,
they just picked up poor Joe Billy...
...and they carried him up the stairs
and threw him over the railing.
We seen it. lt was deliberate.
Had Joe right over the rail
and onto that table.
lf you don't stop them,
they're gonna kill us all.
Sheriff, were there
any other witnesses to this fight?
No, Your Honor.
Have you two anything to add
to what your cousin just said?
-No, sir. That's the way it happened.
-Just the way Bart said.
You. Caine.
Have you any light to shed
on this for us?
lt is as he said...
...except for the last.
Joe Billy climbed
to get his gun and fell.
Well, that don't make sense, judge.
lf Joe Billy was gonna use a gun,
he'd have brought one in the first place.
Quiet! l will have quiet here.
McNelly, tell us
what you know about this.
Caine's telling the truth.
He picked his fight with us, and
Caine was whipping him pretty bad...
...and l reckon Joe Billy climbed up
to try to get my gun.
l didn't see him climbing up,
but l saw him fall.
We was both on the ground, so we
couldn't have hauled him up there.
l reckon he must have
broke his neck when he fell.
Well, that's it. That's the truth...
...on my oath as a lawman
to uphold the truth.
You ain't no lawman! You're a murderer
just like your old daddy was!
Quiet!
Your Honor,
Joe Billy died from that fall...
...trying to go for my gun,
and that's the truth.
So we seem to have the word
of three men against two.
And you've showed
no hesitation this time, Caine...
...in telling us what you know.
l told what l saw.
McNelly...
...is the name of Joe Billy Fisher...
...written down
in your father's outlaw book?
Yes, sir, it is.
-And is this book in court?
-Yes, Your Honor.
McNelly, this entry on Joe Billy
is 8 years old, same as the others.
ln Texas, they'd have been
in jail eight years ago.
lf we'd stayed in Texas...
...we'd been hung by your daddy
and that pack of murdering--
He cleaned up the whole state of Texas.
He made it a law-abiding place to live.
-Yeah, he sure would have--
-Enough!
The rendering of a sentence...
...is never a simple task
for a magistrate...
...who is human, and therefore
realizes he could be wrong.
And yet there is
an overriding demand of law:
The demand that there will be law...
...and that it will be enforced.
Now, a man is dead...
...and l must believe someone
about how it happened.
Now, the Fishers here, to a man...
...have never stepped out of line...
...never once since they settled
here in Dos Rios. Never once.
Unfortunately, l cannot say
the same for you, McNelly.
You started off
by shooting Bart Fisher...
...for a highly doubtable cause
and without proper warning.
And then, even after l took your badge
from you, you made it quite clear...
...that you still intended
to carry out your father's work.
All things considered...
...l can only believe
that you and your partner...
...took advantage of Joe Billy's anger...
...and changed what should
have been a simple fistfight...
...into an act of deliberate murder.
And that is exactly
what your father would have done.
lt is, therefore,
the judgment of this court...
...that at midday tomorrow...
...you will both be taken
to a place of execution...
...and hanged by the neck
until you are dead.
And may God have the mercy on you
that l, by the law...
...am not entitled to show.
You saw me take the plum?
Two times now.
And you said nothing?
l said nothing.
My young friend is almost
strong enough to fly away.
You broke the master's law.
l thought the fruit of a love tree
would be better for my little friend.
Was I wrong to break the law?
Disgrace, that's what it is.
A crime and a disgrace.
Son of the greatest lawman ever
in jail. Aren't you ashamed?
-Yes, ma'am.
-Wouldn't dare do this to his father.
Grandma.
Didn't even bother my bones
to sit in on that fool trial.
Couldn't take it serious. Still can't.
There's no real law in this state.
lf there was,
Clyde would be a hero right now.
True son of your father's.
lt's led many a man
into trouble, ma'am.
l'll tell you what kind of a man
Clyde comes from.
Best saddle maker in all of West Texas
was a man named Dick Hay.
One night,
outlaws stole nine of his saddles.
Captain left orders for the Little
McNellys-- That was his company.
Shoot any man they saw sitting
a Dick Hay saddle right out of it.
Ask questions later.
You know how many of those saddles
Dick Hay got back?
-l expect a lot more than was taken.
-You got the truth of it.
Out of the nine saddles that was stolen,
1 4 was returned.
Men was afraid to sit them.
That's fear of the law for you.
Fear of the law
or fear of Captain McNelly?
-They were both the same thing.
-Grandma.
What am l gonna do?
You honored the captain's memory.
You honored the law.
Grandma...
...they're gonna hang me.
l don't believe it.
They'd never hang a son
of Captain Leander H. McNelly.
l always thought...
...the law was
the most important thing.
Now it's gonna...
...kill me for something
l didn't even do.
And it's legal.
Trial was legal.
Judge did what he thought was right.
Put it all together, and it's the law.
l lived by it.
l sure don't wanna die by it.
That wife of mine can sure cook.
They're out. Get the boys.
Two horses with riders.
Those rocks!
-Let them go.
-We gotta keep moving, or they'll find us.
lf we are still, perhaps they will not.
l'm being--
l'm being hunted.
McNellys was always
on the side of the law.
You have told the truth.
l escaped.
l broke the law.
My papa always taught me
to uphold the law.
lf they catch you, they will hang you.
ls that justice?
lt's the law.
l broke the law.
l have broken the law, master.
-l ask forgiveness.
-As l do.
Why did you not come
and tell me of your injured dove?
l have broken your law, master,
and you told me, ''Do not break it.''
Then the wrong that was done
was to yourself.
Young Caine, when you observed
Yet-Sen take the plums...
...you presumed they were for himself.
l did, master.
Then the wrong you did
was to Yet-Sen.
And to you, master,
by not telling you.
And l have done a greater wrong
to you both.
How?
By leading you to attend
only to the letter of the law...
...and not respect its meaning.
l bow to you both.
Hold it!
Now, one warning's all you get.
That's more
than you gave Bart Fisher.
Now, over by the Chinaman.
Keep your hands high.
-How'd you find us so quick?
-Before l was a sheriff, l was a tracker.
You wasn't hard to find.
Now, on the ground. Face down.
You're wrong, sheriff. l'm not a criminal.
l'm a lawman like you.
Not like me. You're an escaped
murderer fleeing from justice...
...just like your partner here.
Oh, you're wrong. We're innocent.
Joe Billy died from a fall.
The judge didn't see it that way.
That's good enough for me.
-What if you're wrong?
-l'm not wrong.
The law says you're guilty,
so you're guilty.
That's what my papa used to say.
Your father was a man
that gave law officering a bad name...
...so l won't enjoy hanging you,
but l won't be too upset neither.
Now, on your feet.
ls he dead?
He will die if we do not
get him to a doctor.
We can't do that. They'll hang us.
lf we let him lie here,
we will be murderers.
There's a lump under the skin
and some bleeding.
That Chinaman put a poultice on it.
l'd like to know what that was.
Anyway, he'll live.
Well, that's a relief.
He wouldn't have
if he'd been left very long.
A hard head can only help
a man so much.
Yes.
Wait outside. l want to talk to them.
You could have kept on running.
Why didn't you?
We have told the truth.
All of it?
About Joe Billy, yeah.
Now, the first time...
...when l shot Bart...
...he may have been right.
l don't know. l just don't know.
Your father never would have
admitted that.
He is not his father.
Yes.
l based my conviction on credibility.
You two versus the three Fishers.
l may have passed judgment
on the wrong McNelly.
People never appreciate a great man
till he's long dead.
Grandma...
...what l did was wrong.
What Papa did was wrong too.
The greatest lawman ever lived.
Captain Leander H. McNelly.
Caine.
-l--
-You owe me nothing.
l don't want it.
What about them?
You're the law here.
Judge?
lt would be proper
if you'd bury this with Joe Billy.
l loved my father.