The Life and Legend of Wyatt Earp (1955–1961): Season 2, Episode 19 - Wyatt and the Captain - full transcript

Earp arrests a drunk Sgt. Craig for killing an Indian in a Dodge City store. However, the Captain at Fort Dodge has other ideas about whether it is a crime for a soldier to kill an Indian. Earp finds himself fighting the Army for his man.

As a member of the United States Army,

Sergeant Craig will stand Court Martial.

I demand he be released in my custody as my prisoner.

He murdered a civilian within the City Limits of Dodge.

The law says it's my duty to hold him.

Well, then, Marshal, I'll take him by force.

♪ 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,



starring Hugh O'Brian.

Wyatt Earp rode into Dodge City one bright may morning in 1876,

and was Chief Marshal by noon.

One month later, General Custer

rode in proud defiance to his death on Little Bighorn.

That same year saw the close of a long and bloody campaign

that drove the plains Indian from the Dakotas.

From his last hunting ground and his way of life.

Battle-weary troops were moved east and south to regroup and recover.

Among them were men whose memories were scared by too much cruelty and killing.

For these men, violence became their way of life.

Private Crenshaw. Sergeant Craig, sir.

I'm out of tobacco.

Give me some tobacco.



Darn if I ain't fresh out myself.

Ah ha, General Store and Emporium.

Follow me, Private Crenshaw,

and we will go a foraging.

♪ Hi-ho a merry-o ♪

♪ a foraging we will go ♪

Today we have a sale on blankets.

You perhaps know more about these than I do.

I'll be with you in a minute, gentlemen.

I'm Sergeant Craig, Mister.

Old injun fighter from way back.

Only time you'll ever find Sergeant Craig,

waiting on an Indian,

is when he's got a rifle in his hands.

Now give me some chewing tobacco.

All I have is Union Twist.

Well, so, what's the difference?

It's chewing tobacco, ain't it?

Hey, Private Crenshaw?

If Union Twist is good enough for the Union,

good enough for a couple old Union soldiers, right serge?

Hooray!

Well, pay the man, Private Crenshaw.

Sir, I ain't a chawing man.

Pay up!

Yes, sir.

All present and paid for Sergeant Craig, sir.

Well... come on, Sergeant.

You reckon.

Seems to me...

That's a pretty good looking squaw.

For a squaw.

Pretty enough almost to kiss, ain't she?

Please, Sergeant, let's not have any trouble.

No. Come on, come on, sir.

We got guard duty.

All right. Hmmm.

Leave us alone, soldier.

We don't make trouble.

That's right, Injun.

You don't make no trouble at all.

No. Come on, come on, sir. Let it go.

All right, a couple of you help the Doc take him over to the Coroner's Office.

You know it's times like this, Marshal, that makes me think

maybe I should have stayed in Cincinnati.

Well, the important thing, Mr. Whittle,

is will you make positive identification?

I certainly will, sir.

Good. Will you come down to the office and sign a statement?

I would be glad to.

It's high time something was done about that Sergeant.

He's done nothing since he's been here but give us one scare after another,

I don't know why you haven't arrested him before this.

He's a soldier, Mr. Whittle.

He and his Company has spent better than six months in the Black Hills,

fighting the greatest alliance of Indians in frontier history.

I know, I know. I should think he'd have his fill of fighting.

Most of them have.

Most of them are no trouble at all.

Some are like Sergeant Craig.

They...

Well, something happens to them.

They get crazy like.

Well, they've seen things that a man like you couldn't even dream of.

It's kind of hard to explain.

It seems to me that you're trying to make excuses

for a murderer, Marshal.

Not for a murderer, Mr. Whittle,

but maybe I'm trying to make excuses

for a professional soldier.

Coroner's making out the death certificate.

How's his squaw?

I sent for his relatives.

She'll stay with him until they fetch him.

- So you're on duty tonight, aren't you?
- Yeah.

Good, I want to ride out to the Fort to pick up the Sergeant.

On what charges?

- Murder, what else?
- Wyatt.

You think we have a case?

You know the accused is a soldier.

I never heard of a soldier being charged with killing an Indian.

We got an eye eyewitness, Mr. Whittle,

says it was a plain case of murder.

Anyway, it's not up to me to try the accused,

but it is up to me to bring him in.

I don't know, Marshal.

I hope that I'm doing the right thing.

I'm sure you are, Lieutenant.

Civil law takes precedence in a civil crime.

- You have no problem.
- Hmph.

You don't know Captain Brook.

I'm afraid he'll hold a different view.

Why should he? The law is the law, isn't it?

But, Marshal, this is an Indian.

Indians aren't citizens.

And the law isn't too clear on this point.

- And a man like Captain Brook...
- Look, Lieutenant, if you have any worries, forget it.

I'll take full responsibility.

Come in.

You sent for me, sir.

Sergeant Craig, this is Marshal Earp of Dodge City.

He has a warrant for your arrest, claims you killed an Indian.

Self defense, Marshal. The red skin pulled a knife.

According to the owner of the store where it happened,

the Indian was trying to get away when you shot him in the back.

Well, I've got a witness myself.

Private Crenshaw was with me, Lieutenant.

He'll have a different story.

You'll get a chance to tell it, Sergeant.

You'll get a fair trial.

I'm to go on trial for gunning an Injun?

What the U.S. government pays me to do?

There's a difference, soldier.

This Indian happened to be a Cherokee,

third generation civilized.

Cherokee, Comanche so what's the difference, they're all the same.

I don't intend to try your case, Sergeant,

just put you under arrest.

Now give the Lieutenant your handgun and let's go.

Give me the revolver, Craig.

Are you going to let him get away with this, Lieutenant?

I have no authority to prevent it.

Now give me that revolver.

All right, sir.

But when the Captain comes back,

you better have a different story.

It'll be on the morning report.

I wouldn't wait that long if I was you, sir.

It's going to be bad enough you let a civilian run it over one of his boys.

That'll be enough from you, Craig.

Now get out of here.

Thank you, sir.

Who's in charge here?

- I am, sir.
- You Wyatt Earp?

- Yes, Captain.
- I've come for Sergeant Craig.

I'll ask you to be so kind as to release him into my custody.

You Captain Brook?

That's right.

Well, didn't Lieutenant Mead explain to you about him?

Lieutenant Mead is fresh from the parade grounds of Washington, sir.

He's got a great deal to learn about military practice on the frontier.

Such as?

Such as the Army's right to discipline its own men.

Well, Captain, if the Sergeant had killed another soldier

out in the territory some place, you'd have claim to him, but he didn't.

No, he killed a civilian right here in this town.

That places him right in the hands of the local law.

Come, Mr. Earp, you can't be serious.

Since when is it a crime to kill an Indian?

In self defense?

Well, I don't intend to debate the case with you, Captain.

He's my prisoner by order of civil law.

I'm going to keep him.

Good day, sir.

For a minute I thought he was going to bust.

- I bet we haven't seen the last of him yet.
- Hmph.

You've got a real safe bet there, Mister.

By the time he gets back, he'll have a full head of steam

and then you'll really see him bust.

Hey, I don't see Whittle's statement here.

Hasn't be brought in yet?

No, not yet.

When I stopped around this morning,

he said he hadn't had time to get to it.

He wants to get it right.

Mead! Lieutenant Mead!

Begging your pardon, sir,

Lieutenant Mead is not here.

He left this morning.

Where's he gone?

He didn't say, sir.

There was another soldier with Sergeant Craig last evening

when he had that altercation with the Indian.

Who was he?

I believe it was Private Crenshaw, sir.

Tell him I want to see him.

Yes, sir.

You don't have to be afraid of me, Crenshaw.

Long as my men are loyal to me,

I'm loyal to them.

- You understand, trooper.
- Yes, sir.

You ever hear the phrase, esprit de corp?

Yes, sir.

Know what it means?

Why I think so, sir.

It's what this Company has, Crenshaw.

We've fought together, been beaten together,

and we've won together.

That means something, doesn't it, son.

Yes, sir.

- Have a drink.
- No thanks, sir.

Have a drink!

Yes, sir. I think I will.

Now then, Crenshaw.

You say that this Indian pulled a knife and attacked the Sergeant.

No, sir. He didn't pull the knife.

Don't hedge, soldier.

It's my understanding that this Indian had a knife.

That he did, sir.

Well, then, am I correct in assuming that he was reaching for this knife

when the Sergeant, in order to protect himself, grappled with him.

Well, I guess...

I mean I'm sure that's the way it happened sir, you see...

I wasn't exactly watching at the time.

Hmmm.

Now then, how many people were in the store at the time?

Besides the Sergeant and me,

I guess just the Indian and his squaw.

And the proprietor of course.

Yes, sir.

Well, the squaw wouldn't count much in court.

You wouldn't count much, either.

Uh, being an Army man, I'm somewhat prejudiced.

So that bullheaded Marshal has only one man

on which to rest his case, hasn't he?

That storekeeper.

Good afternoon, gentlemen, may I help you?

You may, sir. You most definitely may.

It concerns the altercation which took place here yesterday

between one of my men and an Indian. Yes?

Other than Private Crenshaw here,

I understand you were the only witness,

uh, discounting the squaw, of course.

That's quite true, Captain.

As a matter of fact, I was just writing out a statement for the Marshal.

He asked me to set things down just as they happened.

I'm afraid the Marshal is leading you down the garden path, Mr. Whittle,

when he asks you to take a stand against the brave fighting men of your country.

Particularly when these fighting men are engaged in mortal combat with a savage enemy.

With those self-same Indians, sir,

whom you so obviously wish to give aid and comFort to.

I dare say, sir, you have no concept of the enormity of this incident.

Mr. Whittle bring in his statement yet?

No.

Sergeant's on trial docket for 11:00 tomorrow morning.

Yeah, I know. Harris is prosecuting.

He's going to stop by later this afternoon for depositions.

Whittle better not wait to bring in that statement.

He better come here in person.

I better go tell him.

I've been giving this quite a bit of thought since last evening, Marshal,

and to be perfectly honest, I can't rightly say it was entirely the Sergeant's fault.

Look, the last time I talked to you, Mr. Whittle,

you were yelling for that Sergeant's blood.

Now who changed your mind?

Well, I was angry.

Now I've had a change to think things over

and cool off.

I just can't honestly...

Was Captain Brook in here to see you?

All right, so he was here.

Did he threaten you?

Of course not.

The Captain happens to be a gentleman.

I'm not asking for a character reference of Captain Brook,

I'm just asking for a little character from you.

Now I'm a taxpaying citizen, Marshal,

and I'll ask you to watch your tone of voice.

Forget it.

When this case blows up in court tomorrow, Mister,

I just hope you turn out to be a better judge of character than I've been.

Dismount.

Take position to guard this office.

No one passes.

I'm Marshal Earp.

Sorry, sir.

I don't care what your orders are, Deputy.

I'm giving you just three seconds.

Oh, good evening, Marshal.

I've come for my prisoner.

You've come to take him by force, Captain?

If necessary, yes.

Well, I think you better first put the whole town under martial law.

You don't happen to have a legal leg to stand on.

Yeah, I know. I just saw Mr. Whittle.

Then be sensible, give me the prisoner.

No.

Look here, Earp, you couldn't even get the Sergeant convicted

on manslaughter without a witness and you know it.

My job is to take him to trial and to trial he goes.

Now you get out of here.

Hold it, Hal.

Crenshaw, get in here.

Keep these two covered.

And you, Deputy, get in there and open that cell up.

Let the prisoner out.

Go ahead, Hal.

Give him all the rope he wants.

Outside, Sergeant, hurry.

Just let me get my gun, Captain, sir.

Hurry, Sergeant. Use my horse.

Stop there, or I'll shoot.

Hey, you take that gun and get out of here.

You're wrecking my store.

Shut up back there.

Fire, you idiots.

Don't just stand there, shoot him down.

Fire, I said.

Shoot him, you cowards. Shoot him.

I've done my best to avoid bloodshed.

But if that's what you want, let's have it now.

I ordered you to fire.

I order you to shoot this man.

I'll make you wish you were never born.

Ooof!

I got him! I got him!

Marshal! Hey, Marshal, come on!

I got him! Come in, Marshal. Hurry up.

You kick that gun over here.

Hey, Marshal.

If you give me one more chance to reconsider,

I'll be glad to testify against this ruffian.

Thank you, Mr. Whittle.

I'll remember you for this, Mister.

You sure will, Sergeant. You sure will.

Come on, move out.

Ten-hut.

Whatever happened to you, Captain?

I... I don't know.

Take the prisoner inside.

You can put up that gun, Mr. Earp.

There will be no more trouble.

The Colonel's apologies and mine.

The Captain hasn't been himself for some time now,

so I took the liberty of standing parade last week.

The Colonel arrived as soon as he could.

- Earp, Colonel Grayson.
- Marshal.

How do you do, sir?

- Stay with Captain Brook, Lieutenant.
- Yes, sir.

Now I don't ask you to understand, Mr. Earp,

but I want you to know the Army will pay for all damages

and make any necessary restitution.

Thank you, sir.

And what about the prisoner?

The Sergeant falls entirely under civil jurisdiction of course.

Lieutenant Mead explained everything to me.

I only wish I could explain Captain Brook's case as easily.

All I can say is he's been in the Indian fights too long,

and he's not himself.

He'll be sent East to have his case reviewed.

Well, as far as I'm concerned, sir,

the incident never happened.

Well, thank you, sir.

Troops. Head 'em out.

Mount!

Forward!

What a day.

You think it was worth it?

Hal, anytime the sun sets on law and order,

it's worth it.

♪ 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 ♪