The Life and Legend of Wyatt Earp (1955–1961): Season 2, Episode 15 - The Hanging Judge - full transcript

You're Circuit Judge Tobin, the Hanging Judge.

You've been mighty fond of making tough speeches

to the poor devils who had to swing because you say so.

But now the rope's going around your own neck, Judge Tobin.

You've been tried and convicted of horse stealing.

Well, we're gonna give you time to say your prayers.

And may the Lord have mercy on your soul.

Don't waste time looking for Wyatt Earp.

He wouldn't lift a finger to save you.

Put the rope on him.

♪ Wyatt Earp, Wyatt Earp ♪



♪ Brave, courageous, and bold ♪

♪ Long live his fame and long live his glory ♪

♪ And long may his story be told ♪

The Life and Legend of Wyatt Earp...

Most of the Judges with whom Marshal Earp had to deal

were honest, strong, and fair-minded men.

But when Judge Tobin was assigned

to ride a Circuit which included Dodge City,

Wyatt came up against a strange character.

Tobin had set out to make a reputation for himself

as a Hanging Judge.

Men called him "Rope" Tobin,

and compared him with the notorious Judge Parker

who hanged 88 men in Oklahoma Territory.



But in the case of Judge Tobin...

The defendant will face the court.

Mr. Bingham, you've been tried

and found guilty of stealing a horse.

You stole this animal from a traveler on the open prairie.

You are well aware that a man's horse is his life.

Cattle and buffalo stampede at sight of a man on foot.

Men have been trampled to death in such stampedes.

Furthermore, a man without a horse has no means of escape

from savage renegade Indians.

By your act, you condemned your victim to death,

and only by the merest chance...

I didn't steal that horse, I bought him.

Silence.

Marshal Earp, it's the judgment of this court

that Mr. Bingham be hanged by the neck until dead.

You will notify Sheriff Bassett that the execution will take place tomorrow,

any time between sunrise and sunset.

May the Lord have mercy on his soul. Remove the prisoner.

Something on your mind, Mr. Earp?

Yes, sir, there is.

Well, out with it.

Well, since you asked me, Your Honor,

I think that Mr. Bingham might be telling the truth.

What makes you think so? Well, I know he was riding the horse

when he arrested him, and he didn't have a bill of sale,

and we couldn't find the man that he said sold the horse to him, but...

Well, it seems to me... he had a fair trial, Mr. Earp.

Had he been caught on the trail riding a stolen horse,

he'd have been hanged from the nearest tree.

Do you believe in lynch law, Mr. Earp?

No, sir, I don't. I hate it.

Well, so do I.

And the only way to put down lynch law on this frontier

is for legally constituted courts to do their duty.

We must teach men to respect legal justice!

Do you have any further comments, Marshal?

Yes, Judge Tobin, with your permission, I have,

but it involves criticism of this court.

Maybe I better keep my mouth shut.

Speak up. Speak up!

Well, sir, with all respect,

I don't believe in hanging a man on circumstantial evidence,

as in this case.

You say you want the law respected.

Well, that's what I want too.

But do you believe hanging a man on circumstantial evidence is the way to go about it?

I disagree with your thinking.

Well, you're the Judge.

Careful now.

Well, anyway, it's not in my jurisdiction.

The crime was committed in Ford County, so it's up to Sheriff Bassett.

You do know a little about the law.

Just enough to serve you fair notice, Judge.

I don't believe in hanging for any other reason than first degree murder,

and only then on most conclusive evidence.

Fair notice... Of what?

Dodge City isn't Ford County, and I'm not Sheriff Bassett.

Good day, your honor.

Did you tell him what for?

As much as I did.

No sense in getting fined for contempt of court.

What's wrong with that man, Wyatt?

He's never seen a hanging. That's what's wrong with him.

Any kind of circumstantial evidence satisfies him.

No, he's a real Hanging Judge for sure.

Well, Charlie Bassett says Bingham's wanted in Nebraska for two murders.

I guess it all evens up.

No, it doesn't. Judge should send him back to Nebraska for trial.

Oh, now, Wyatt.

Look, how would you like a friend of yours hanged on doubtful evidence?

I can't think of any of my friends who are apt to get hanged.

There's nothing funny about this, you know.

You send that poor fellow on over to Sheriff Bassett's lockup,

then wash your hands.

I just washed them.

I wonder what kind of soap Judge Tobin uses on his.

- Huh? - Never mind. Go on.

Queen to win it.

Six to lose it.

Eight to win it. I wanna take a look at that deal box.

Hand that back.

I got a hunch it's a Mississippi bottom dealer.

I said, hand that back!

- Why, you little... - Finley, put it away.

He grabbed my deal box.

Ease up. Take a walk.

Take over, Earl.

Eph, you and I better have a little talk.

In there.

It'll be a pleasure.

Well, what's your complaint?

Your card game's crooked.

It's been crooked ever since Chalk Beeson left for K.C.

And I'm gonna prove it to Chalk when he gets back, with this.

Well, let me see. Perhaps Finley...

Not him, you.

Chalk left you here to run things,

and Finley will deal them straight or crooked,

just as you say.

How much did you lose? A thousand.

You never had that much.

1,000.

It'll cost you a lot more if I tell Beeson.

He'll make you pony up five times that,

and put a yellow tag on you, besides.

All right, all right. But I can't get it for you right now.

When? Tonight.

The cashiers change shift at 8:00.

You slip in the back way.

I'll give you the money, you give me the box.

Of course, Pete.

When I get the money,

You'll get this.

Where's your relief man, Finley?

He's late. I'll sit in for him.

Thanks, Pete. Anything wrong?

Eph Morgan's still mad. Take the alley home.

All right, boys.

Let's change the deal box.

Nothing like new cards and a fresh box.

Break open the deck.

- I'll take a stack, Pete. - Sure.

- I'll keep case for you. - Good.

It's Eph Morgan. I think he's dead.

It's Morgan. He's dead.

All right, you men stay out here.

Break it up.

You men go out back in the saloon. Go on.

Morgan was a good guy, too.

That hole in Morgan came from a '41 deringer.

You know anybody that owns one?

Well, Five-spot Finley. He used to have one.

Where's Finley?

Went off shift about 8:00. He's probably at home.

- Go pick him up. - Finley wouldn't shoot anybody, Wyatt.

I knew him in Abilene. In fact, he tipped me off to a gunslinger...

Look, will you just go pick him up?

Whatever you say.

You quit wasting my time.

I took this off of Morgan.

- Did you ever see it before? - No, sir.

You're lying.

That's a Mississippi bottom dealer.

Now, you want to explain how come Morgan had it?

Marshal, I swear to you, I don't know anything about it.

Look, three eyewitnesses out there told me they saw Morgan

take it off Finley at the faro table.

They also saw Finley pull a deringer on Morgan.

Marshal, Finley's my friend.

Now, surely, you don't expect me to incriminate him.

Finley heard about the shooting. I met him in the alley.

You don't think I had anything to do with it?

You own a deringer, Mr. Finley?

- Yes, sir. - Mm-hmm. Where is it?

It's in the drawer in the faro table.

Anders here could tell you wh...

Never mind. Let's go see it.

Come on.

It's gone, Mr. Earp. Somebody stole it.

Pete, you know the gun was in the drawer

when you took the slot from me.

Don't you remember?

You said Morgan was sore at me, for me to take the alley home.

Finley, Mr. Earp knows about the box.

He does?

I cheated Morgan, but I didn't kill him.

You know me, Bat. I wouldn't kill anybody.

I told as much to Marshal Earp.

You threatened Morgan with a gun, didn't you?

Yes, sir, but only to keep him from beating me up.

Anders took the deringer, put in the drawer.

Then Jay grabbed me and hustled me out.

Ain't that right?

Finley, you're talking too much.

You need a lawyer.

Lawyer?

Mr. Finley, I'm arresting you on suspicion of murder.

Wyatt! So old Tobin can do the same thing...

Now you're the one that's talking too much, Mr. Masterson.

Take him to jail.

Come on.

Oh, evening, Mr. Earp.

Howdy, Mr. Craig.

Terrible thing Finley done.

You reckon Judge Tobin will hang him along with bingham?

Oh, easy, Mr. Craig.

Here.

Are you looking for clues?

No. Haven't found the murder weapon yet.

It's a '41 deringer.

Finley wouldn't hide it around here this close.

He knows I'm always filling and emptying this barrel.

Well, it's not in there.

You keep your eye peeled out for a deringer, huh?

Yes, sir. Good night.

Good night.

Mr. Earp.

Well, Judge Tobin.

Benton here's been pestering me to grant bail to some gambler name of Finley.

What do you know about the case?

Well, sir, Eph Morgan, a cowhand,

was shot to death in an alley behind the Long Branch Saloon.

He and Finley had an argument about a crooked deal box this afternoon,

and I arrested Finley on suspicion of murder.

Suspicion? My client denies the charge, Your Honor.

There's nothing but circumstantial... that will be all, sir.

It's a clear case of first degree murder, isn't it?

No, Your Honor, it isn't.

Can't you present a clear-cut case about anything?

Finley claims somebody stole his gun.

There were a lot of people in position to do that, sir.

Also, I haven't checked into the crooked gambling angle...

Nonsense!

First degree murder, no bail.

I'll hear this case at 10:00 tomorrow morning.

Have the defendant in court at that time. 10:00?

And I won't consider any motion for a delay or continuance, Mr. Benton.

Crooked gambler!

Murders a man in cold blood.

We'll see. We'll see.

Finley wants to talk to you, Mr. Benton.

Well, I'll do the best I can.

Now wait a minute.

Now, Judge Tobin can't force you to trial.

Not without a reasonable time to prepare a defense anyway.

They call him "Rope" Tobin, Mr. Earp.

Stalling would only make his temper worse.

He'll sentence Finley to hang.

He's already made up his mind.

Well, then, when it comes to that,

we can ask for a stay of execution pending appeal.

But you'd better find out who did kill Morgan,

and right quick.

Now how do you feel?

I'd like to put a rope around Tobin's neck.

Hey, that may not be a bad idea. Huh?

Judge Tobin has a lot of knowledge about law,

but he's never had his nose far enough away from a law book

to know anything about people.

Has Finley got any good friends besides you?

A dozen good ones at least.

Six oughta be enough.

You and I can't do anything,

but his friends might be able to teach Judge Tobin

about circumstantial evidence

and save Finley.

You mean frame the Judge?

Why, Mr. Masterson,

such talk from an officer of the law.

And the boys who like Finley aren't officers of the law.

Let's see what happens in court.

Yeah.

Have you reached a verdict?

- Guilty, Your Honor. - Guilty of what?

Well, murder in the first degree.

Order!

That's how you instructed us to vote, ain't it?

Order!

Considering the evidence, there was no other verdict possible.

You gentlemen have done your duty, and the court commends you.

- Thank you, Your Honor. - The defendant will rise.

Mr. Finley, you are a cardsharp and a crook.

When the deceased caught you cheating,

he took your deal box as evidence.

Testimony indicates that Mr. Morgan intended to complain

to the owner of the Long Branch Saloon.

To prevent this, you waylaid him in an alley,

and with malice aforethought you shot him in the back.

No, sir. It wasn't me. I didn't do it.

Silence!

The court would like to show mercy,

but your crime does not deserve mercy.

I sentence you to be hanged by the neck until dead.

Your honor? Yes, Mr. Benton?

I must ask for a stay of execution pending appeal.

That is your privilege as council for the condemned.

Any comment, Mr. Earp?

No, sir.

- Don't you worry, Finley boy. We're with you. - Silence!

You will take your seat until court's adjourned.

Marshal Earp?

Yes, sir?

I have business in abilene.

Other cases on the docket will be postponed till my return.

Remove the condemned.

Court is adjourned.

Don't worry, Finley. We'll get you out of this.

Get him out of there, boys.

Hustle it up.

- Hello, Bat. - Hey, Jim.

They look pretty much alike, don't they?

Yeah. I couldn't tell them apart. Nice work, Jim.

Even to the brands and scars.

Bar N on the Judge's horse, Bar h on my horse.

I had to block out the white mark on my horse.

Slick. Where's Old Man Ruger?

Well, we left him sleeping.

We got to move on. I'll hide the Judge's horse.

And don't forget, you've got to stop Tobin before he crosses the City limits.

Oh, we'll stop him.

Bat, why don't we really hang the old buzzard?

No. Just put a rope around his neck.

Wyatt and I will be right behind you.

Don't you even rough him up.

Remember, he's a Circuit Judge.

We're gonna be awful careful.

How you coming, boys? All right.

Get over here, boy.

Whoa!

Not so fast, stranger! Whoa!

Not so fast, stranger.

That's my horse you're making off with.

Are you men drunk, or is this some kind of a practical joke?

It ain't funny. We hang horse thieves.

Get down. Nonsense!

- These are my horses! - That one ain't.

- Get down. Come on. - Do you know who I am?

No, and I don't care. You're stealing my horse.

Nonsense! Both these horses are Bar N brand.

I bought them from colonel French at the bar n ranch.

You've heard of him. Bar...

- Bar H? - No.

That brand's been tampered with. This is a frame-up.

You're stealing my horse, then accuse me of framing you.

Rope's ready, Jim. Let's get it over with.

Let go of me! Let go of me, I say!

Let go of me! I'm Circuit Judge Tobin!

No!

Not Rope Tobin, the Hanging Judge!

Well, boys, ain't that something?

Rope Tobin turns horse thief.

That tree over yonder looks right handy.

You won't get away with this!

Oh, hanging a man ain't too difficult.

- Should I tie his hands? - No.

It's more fun when they got their hands free and try to fight the rope.

Come on. We're wasting time.

Hey!

What goes on here?

Caught a horse thief, Marshal.

That's Judge Tobin. He wouldn't steal a horse.

He did, though. That left-hand bay... my horse.

- Got my Bar H brand. - This is a frame-up.

Or maybe the livery stable man gave me the wrong horse by mistake.

Aah. Go check the brand.

We don't hang horse thieves without some show of a trial.

What about Finley? And Bingham?

They had a trial.

The left one's Bar H. The other's Bar n.

Oh, I'm sorry, Judge, but I can't help myself.

You're under arrest, charge of horse stealing.

Take that rope off him.

Climb in your buggy, and we'll head back to town.

Go on.

Ghastly mistake.

Those hoodlums might've tried to hang me,

and on the flimsiest of circumstantial evidence.

What if this got into the newspapers... an accusation like this?

Rumor, gossip, the dignity of my office!

Marshal Earp, I demand an immediate release!

Well, I'm sorry, sir, but any charge by a citizen must be investigated.

Oh, come now! We've had our differences,

but surely you don't believe that I stole that horse?

No, sir, I don't.

Well, then, why are you holding me on a charge

that you admit's absurd?

- For blackmail. - What?

I have here an official police report

of a felony complaint signed by Jim Lawrence,

the owner of the stolen horse.

Just what are you after?

Well, Judge, to begin with,

I'm looking for a human being... in you.

What is this?

Then there's the blackmail.

But let's call it "white blackmail," shall we?

I want a stay of execution for Mr. Bingham.

He should be sent back to Nebraska and tried there for murder.

Is he wanted there?

That's right. On two counts.

And Sheriff Bassett didn't mention anything about it

because he felt Bingham

might just as well be hanged here as in Nebraska.

Well, I don't agree with Charlie's idea of the law.

And I also don't agree with hanging men

on flimsy circumstantial evidence.

It'll ruin respect for law out here.

And you and I, sir, in our different ways,

are the law here, aren't we?

Those Nebraska charges should've had priority.

All right. I'll grant the stay,

but not as a price for anything.

Now, go ahead and do your duty as you see it.

One other thing, sir.

I ask you to release Finley on bail.

A condemned murderer?

Look, sir, I need your help.

I think I know the man who really murdered Morgan.

Now, if you turn Finley loose, the man I'm after will get scared,

and a scared man always makes a wrong move.

It's still blackmail.

No, sir, it isn't.

I've changed my mind. There won't be any police report,

and I'll ask Jim Lawrence to withdraw his complaint.

What would make a stubborn, opinionated man like yourself

change his mind?

My father's a judge back in Illinois.

The kind of judge all of you should be.

He didn't get his reputation by hanging men

on circumstantial evidence.

I guess I...

Tried to mold Judge Tobin in his image,

and I'm sorry for that.

Excuse me, Judge.

Wyatt, they're talking mighty mean at the Long Branch.

They think Finley had a raw deal.

I expected that. All right.

Round up the rest of the deputies, tell them to load with buckshot.

No. No!

I'll admit Finley to bail.

Turn him loose.

Thank you, sir.

But if you've got another suspect, you better get him quick.

I can always change my mind.

Finley! Finley!

Good to see you!

Finley, you're free.

I'm only out on bail, but I sure thank you guys.

Still winning, huh?

Yeah, little old Finley. Boy, howdy.

Good to see you. Sure wanna thank you, Pete,

for getting me the lawyer and everything.

Aah, what's a friend for?

Boys, the next round's on the house.

How come old Rope Tobin let you out on bail?

Well, Mr. Earp says it's because they can't find my gun.

How does that figure?

It's kind of a legal technicality.

Mr. Earp suggested it to the Judge, and the Judge agreed.

Unless they find my gun, they can't hang me.

- I sure hope they never find it. - Sure.

You ain't buying the drinks, Pete, I am.

Come on. Drinks are on me.

Come on, boys. Finley's buying.

Howdy, Marshal, Bat.

Howdy, Mr. Anders. We're still looking for that deringer.

Yeah. Finley was telling me about that.

Marshal, why does old Judge Tobin wanna hang little old Finley?

Why, Morgan never was no good.

Neither are you.

Big gun, big talk.

You scared Finley into cheating.

Ease off. You move aside.

I'd like to take a look in there.

Why, there's... there's nothing in there except a lot of trash.

What are you so nervous about?

Nothing, Marshal. Nothing at all.

Well, what do you know? Finley must have stashed that in there. I...

I mean, whoever shot Morgan must have put it in there.

No, you stole it and shot Morgan.

Are you crazy? Last night, right after the shooting,

I came out here, and that barrel was empty.

So what does that prove?

You knew I looked in there,

and you figured the safest place to hide this is where I'd already looked.

Old Man Craig threw some trash in there,

and you came out and threw the deringer on top of it.

- You're under arrest, Mr. Anders. - Yeah?

Stand steady.

My friend.

Trying to get me hung.

Have I stolen any more horses?

No, sir. I, uh...

Found your horse hidden in the livery stable.

To solve a murder case with a dying man's confession,

you even find my horse.

That's sheer genius, Marshal Earp.

Uh, Your Honor, what is the penalty

for framing a Circuit Judge on a horse theft charge?

Well, I wouldn't hang the man who did it,

but you could warn him any more shenanigans,

he'll draw a might stiff prison sentence.

Oh. Well, I'll, uh...

I'll tell him that when I see him.

Giddyap!

♪ Well, he cleaned up the country ♪

♪ The old Wild West country ♪

♪ He made law and order prevail ♪

♪ And none can deny it ♪

♪ The legend of Wyatt ♪

♪ Forever will live on the trail ♪

♪ Oh, Wyatt Earp, Wyatt Earp ♪

♪ Brave, courageous and bold ♪

♪ Long live his fame and long live his glory ♪

♪ And long may his story be told ♪

♪ Long may his story ♪

♪ Be told ♪