The Life and Legend of Wyatt Earp (1955–1961): Season 2, Episode 20 - Witness for the Defense - full transcript

♪ 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 friendship between Wyatt Earp

and Ben Thompson...

outlaw, killer,

and one of the fastest hands with a .45

in the western country...

was a great trial to Marshal Earp.

He had won Ben's gratitude



by saving his drunkard brother Bill from the gallows.

In return, Ben had saved Wyatt

from being bushwhacked in Wichita.

Now as Marshal of Dodge City,

Wyatt would have been more than satisfied

to call matters even.

All right, get your bets down, men.

Here comes the next card.

Jimmy.

Harry.

Charlie.

Hold it, Ben.

What's wrong?

We want to see that deal box.



You calling me a cheat?

Yeah.

You're a cheat.

Let's finish him off.

He got Sandage.

Looks like Thompson's finished.

Come on, we gotta help Buck.

He looks pretty bad. Get him into Dodge.

Ben?

Ben!

You sure Thompson's dead?

You killed him, you dirty tramp.

That's a fine thing.

Get myself all busted up

so I can't use a gun.

Shh.

They might come back.

You're gonna have to hole up in your room.

No, we'll make a run for it.

You can't. You can hide upstairs.

All right, if it's got to be.

Dooley.

Dooley, give me a hand here.

Wyatt.

You still friends with Ben Thompson?

What'd he do now?

He just plugged Buck Sandage.

Foreman at the Circle Bar.

Sandage was dead before they could get him to town.

Well, when you start gunning with Ben,

that's what you're gonna expect.

According to talk around the saloon,

Sandage got it in the back.

Ben wouldn't do that.

- Where's Ben now?
- I don't know.

Some say he's dead, some say he's only wounded.

Where'd all this happen?

Out at the Old Three Forks Tavern

out in County.

Ben had set up a faro game there.

Come on, tell me inside.

Now the Circle Bar boys sent for their boss.

Riggs Miller.

They say if Ben Thompson's not dead already,

they're gonna hang him.

Well, if he's still alive,

I should let them hang him.

He never does anything according to the law.

Well...

Did Sandage shoot him up?

Not by himself, no sir.

They say there was about a half a dozen

Circle Bar boys in on it.

That sounds like Ben.

He never did think about the odds on a gunfight.

Blasting away against a half a dozen guns.

You know he's fast, but he's not that fast.

There's nothing I can do to help him.

- You can't expect me to...
- Wyatt.

How about me taking a couple deputies

and riding out there?

Why?

Look, Wyatt,

I don't know Ben Thompson,

but I do know Riggs Miller and the Circle Bar boys.

They're nothing but a bunch of murdering hoodlums.

Say they've never ridden into Dodge,

shooting Marshals.

But ask anybody about them.

Now if I'd ever been friends with Ben Thompson,

- the first thing that I would...
- All right.

All right.

I'm still friends with Ben.

Lord's punishing me for my sins, I reckon.

Well, we all of us got a cross to bear.

Some kind or another.

I'll go.

If Ben's still alive, he'll be expecting

his dear old pal.

Don't you mention this to anybody, you understand?

Don't you want me to come along?

No.

I can't mess in this officially.

I gotta think up some kind of a trick.

Get out there so the Circle Bar won't know who I am.

Whoa.

Well, howdy.

I'm Dr. Murdock.

You got a Mr. Ben Thompson here?

You'll find him upstairs, Doc.

My name's Miller. Riggs Miller,

owner of the Circle Bar.

Well, Mr. Miller, I'm glad to know you.

- Here. Give me a hand?
- Sure. I'll help you.

Thank you.

Well, Doc McCarty said there'd been quite a gunfight.

Thompson killed my foreman.

Oh, well there must have been a lot of lead flying around, huh?

He shot buck Sandage in the back.

We want to know if Thompson's well enough to hang.

Ah.

I'll tell you later.

Howdy.

Hold it.

Who are you?

Well, I'm Dr. Murdock.

Come to see Mr. Thompson.

You from Dodge City?

Yep.

The only Doctor I know from there

is Doc McCarty.

Well, I'm his... his new helper.

Now you want me to see Mr. Thompson or not?

I suppose you'll do.

Go ahead.

Thank you, ma'am.

Oh no. Not you.

Howdy, Ben.

Wyatt, this is the most darn beautiful thing.

I told Marcia you wouldn't risk it,

- but you did.
- Nothing like that at all.

What do you mean?

I'm here to put you under arrest.

What kind of a pal are you?

What are you arresting me for?

Well, Riggs Miller told me that you shot

one of his foremen in the back.

Now you know me better than that, Wyatt.

He was shot by one of his own stupid friends.

That Buntline is really something.

Will you just lay back? Take it easy.

Doc McCarty gave me some medicine.

To douse you with here.

Try and get you to his office

as soon as possible.

How many Circle Bar men are waiting downstairs?

Oh, about a half a dozen.

Well, I don't want you to make no fight for me.

You just get me to a horse

and let me make a run for it, all right?

Nope. You're my prisoner.

Can't you quit thinking like a John law

for two minutes?

I could end up in jail.

Then what?

I'd have to stand trial.

Maybe get the rope oh something.

Will you hold your hand still?

I had to know.

How is he, Doctor?

Doctor?

He isn't a Doctor?

No, angel.

This is my pal, Wyatt Earp.

Wyatt, this is Marcia Duvall.

Howdy.

Are you really Ben's best friend?

Oh, his best enemy.

What a mind for fun.

He don't waste words like I do, angel.

He puts them all in a nutshell.

Best enemy, what's that?

Let me explain it to her, Wyatt.

My dear friend here

is gonna take me down there

through those Circle Bar men.

Then to Dodge City to stand trial for murder.

You call him a dear friend?

He's not a friend.

If you were a true friend,

you'd kill those men outside

and turn Ben loose.

Now honey, you just keep...

Please, both of you.

Look, Ben's got no other choice.

If he doesn't come with me, one of the Circle Bar's

gonna lynch him.

If he does go with me,

I promise him a fair trial in Dodge.

You can get in that buggy of mine

and follow us to Dodge.

I'm with you, pal.

But Ben, you can't...

Now, honey, you just keep still

and listen to Wyatt.

Go ahead, Wyatt.

Here. Sit down.

I think I can stall Riggs Miller

for a few minutes by telling him that you're about to die.

Where are your horses?

Out back.

They were. I'll see.

They're still there,

but a Circle Bar cowhand is watching them.

Well, there's men who got their horses in the stable, huh?

Mm-hmm.

While I'm talking to Miller,

I want you to go out and set fire to the stable.

Can you do that?

Of course.

I told you he had brains.

I'll sneak down the back stairs.

When all the excitement starts, I'll make a break.

For the horses, right?

No.

You hide in the doorway until I get a chance

to go around there and cover you.

He thinks of everything.

Look, Ben, there may be a hitch.

Miller may get suspicious

and not talk too long.

So when you... when you come out and head for the stable,

you kind of cry a little bit

and just sort of wander that way.

If you hear any shooting,

you know something went wrong.

Get yourself on your horse the best way you can

and point him towards Texas.

Wait a minute.

How do you know

I ain't gonna do that anyway?

You agreed to go back to Dodge.

Never have lied to me yet.

He always was a mind reader.

But if you've got to go on trial in Dodge City...

Shut up.

Go start the fire.

Well, Doc, how is he?

Not good. Not good at all,

Mr. Miller.

He's in a coma. He's got blood poison.

Maybe last an hour. Maybe less.

Are you sure?

Mr. Miller, I'm just giving you

my professional opinion.

We don't have any drugs out here

to treat blood poisoning

in Mr. Thompson's case...

Well, I guess it happened.

Kind of sudden, wasn't it?

Mr. Miller, you can't hold a stopwatch on death.

Guess I'd better go up there

and sign that certificate.

Mind if I go along?

No.

Just a second, Mr. Miller.

I've decided that this is none of your business.

What?

Yeah, you're not a relative of Mr. Thompson.

As a matter of fact, you're not even a close friend.

You can't go up there.

I said you couldn't go up there.

Why, you...

Boss went up to have a look at Ben Thompson.

Let's go up and have a look ourselves, huh?

Okay.

Help! Help! The stable's on fire!

Help! The stable's on fire!

Come on, get the horses out, boys.

Hey, you men in the bunkhouse!

There's a fire out there!

Come on, get the horses out.

- Ben?
- Put some water on that fire.

Let's go. Hurry up.

Get those horses out of there.

Come on...!

Look, there's Ben and the Doc.

It's a trick.

Hit the saddles, men!

After them.

Hyah!

What are we stopping here for?

We don't have too much of a lead.

You need a rest. Come on.

Just give me a drink, I'll be all right.

- It's right here in my pocket.
- I'll give it to you on the ground.

Come on. Bend your leg over.

Now watch it.

Watch it.

Here.

Come on.

Come on.

How do you feel?

Pretty sore.

Wyatt, they're gonna be along here

any minute now.

Those people down in Dodge

will probably turn in a hanging verdict anyway,

so why don't you just go ahead on

and save them the trouble?

Because I don't like Riggs Miller.

Anyway, those cowhands

don't know how far this old Buntline can shoot.

Try and pick a couple of them off their horses.

They'll think it's a buffalo gun shooting at them.

Well, here they come.

They got a rifle! Take for cover.

Go ahead. Cripple the rest of them.

There's no point in it, Ben.

They've had enough.

Have you gone loco? We've got three men hit.

They're getting back on their horses.

Yeah, but I'll make you bet.

They turn around.

How much you want to bet?

Quart of ice cold milk?

Done, you reckless plunging gambler, you.

One quart of ice cold milk I owe you.

You know, you're pretty good

with that overgrown Colt.

It's no Colt.

It's a stallion.

I'll never stop thanking Mr. Buntline

for having it made for me.

Can you make it to Dodge?

I'll be there when they hang me.

Come on.

Well, I'll be doggone.

Angel, you've got wings.

Get your hands up, Mr. Earp.

This is as far as Ben goes with you.

Now, honey, we don't point guns at our friends.

So give Mr. Earp the gun.

It's not what he says. It's what the jury will say.

Are you gonna give him that gun?

It's foolish to trust a jury.

Ben, I'm begging you. You know better...

Marcia, give me that gun.

Give the man the gun!

What will you do if they convict him?

Miss Marcia,

I promised Ben he'd get justice.

Here. Ride in the buggy with her.

You know, if I could use my hands, angel,

I'd give you a good spanking.

He's already saved me from the Circle Bar rope,

and if I gotta hang in Dodge,

we'll be square.

I owe him a hanging.

Come on.

I'm afraid you've put Mr. Hunt

in a difficult position as Circuit Attorney, Wyatt.

He thinks Thompson's sure to be convicted.

Why?

Circle Bar outfit has 10 witnesses

ready to swear Thompson shot their foreman in the back.

Now who's gonna testify for Thompson?

Well, I can't betray a confidence.

Anyway, I don't think Mr. Hunt would want to

take unfair advantage.

No, no, no,

but I still think Thompson ought to plead guilty.

I'll be as moderate as the evidence allows.

Thank you, Judge.

But Ben says he's innocent.

Very well.

One last point...

I hope you don't get involved, Wyatt.

I know you feel indebted to Thompson,

but there's a limit.

Goodnight, Wyatt.

Goodnight, Sir.

That'll be all, Mr. Thompson.

Your honor,

the defendant has told his story

of what happened.

Since he is not represented by counsel,

the court should be reminded

that the defendant is entitled to offer

witnesses in support of his character

and reputation for the truth.

Mr. Thompson,

you wish to offer witnesses

to your character?

Well, my pal...

I mean,

Marshal Earp said he'd put in a word for me.

Marshal Earp.

Marshal?

The defendant wishes you to testify

as a character witness.

All right, Mr. Hunt.

Do you swear to tell the truth, the whole truth,

and nothing but the truth so help you god?

I do.

Take the stand.

Marshal Earp,

how long have you known the defendant?

About four years, sir.

And what would you say is his general reputation

on telling the truth?

I'd say it was good, sir.

On what do you base your opinion?

Well, Mr. Thompson's never lied to me.

Or anybody else as far as I know.

You say he tells the truth.

What is your opinion of his character in general?

It's bad, sir.

The court asks that you explain more specifically.

To the jurors.

Well, sir, Mr. Thompson is a gambler,

and sometimes he cheats.

Isn't he a notorious gunman?

Yes, sir.

Mr. Thompson has killed several men in gunfights?

Yes, he has.

And what would you say of his reputation

for morals?

You mean with women?

Yes.

Well, his reputation...

is bad.

A crooked gambler, a killer,

a man with no moral scruples

in his treatment of women,

and yet you say that his story here

of the killing of buck Sandage

can be the truth?!

Yes, sir. Mr. Thompson doesn't have to

shoot anybody in the back.

He's as fast with a gun as I am.

And is he as truthful as you are, Marshal?

I think so. Yes, sir.

Isn't his truthfulness

inconsistent with the rest of his character?

No, sir. You see,

Mr. Thompson's done a lot of bad things,

but he has a great respect for the truth.

And he's always been loyal to a friend.

Are you a friend of his, Marshal?

No, sir.

Mr. Thompson thinks of me as a friend,

but I can't honestly say that I am.

He's usually on the other side of the law.

Then you're not qualified to testify

as to his loyalty?

Yes, sir. I am.

Now how's that?

Well, sir, when I was bringing Mr. Thompson into Dodge,

why miss Marcia there,

she got the drop on me with a gun

and Mr. Thompson could have escaped,

but he didn't. No, sir. Instead,

he had miss Marcia hand the gun over to me.

Out of loyalty to you?

Well, we made a deal.

A deal?

Yes, sir. I told Mr. Thompson

that if he and miss Marcia would cooperate with me

I'd try and save him from being lynched

by the Circle Bar outfit.

Just what does the word "cooperate" mean

in this so-called deal?

He agreed to come to Dodge with me

and stand trial.

And in refusing to run away,

he kept his word?

Yes, sir.

He sure did.

Mr. Hunt?

Your witness.

The state has no questions, your honor.

You may step down, Marshal Earp.

In fact, the state will waive

closing argument

and ask the court to instruct the jury.

Very well.

Gentlemen,

the issue in this case is quite simple.

Did the defendant Mr. Thompson

tell the truth?

Now, if you believe that he did,

it's your duty...

Here's how I see it.

Marshal Earp told the whole truth.

Good and bad about Thompson.

Telling point to me was that Ben is faster

than a snake's tongue with a .45.

He don't have to shoot no men in the back.

Come to think of it, I never heard of Ben

lying to anybody, did you?

So my vote is for acquittal.

All in favor?

Aye.

We'll go tell the judge.

Ben ain't guilty.

Jury sets me free and right away

you gotta run me out of town.

I don't want any trouble.

I can understand that, Wyatt.

But is this any way to treat your pal?

Not even letting him have his guns?

What are people gonna think?

I don't care what they think.

You're a bad character and you never caused me

- anything but trouble.
- Shh.

Quit calling me pal.

Stop bragging about us being friends.

Now I know you don't mean that.

I love you like a brother.

Look, Ben...

What is it?

Riggs Miller and one of his hoodlums.

That doorway yonder.

Give me a gun.

- You can't shoot.
- Yeah, I can. Yeah, I can.

Just put it in my right hand here.

All right.

If they jump us,

you take Miller. I don't want to be tempted.

You'd better quit this shooting to cripple, Wyatt.

One of these days it's gonna be fatal.

To you.

Where are you hit, pal?

In my leg.

Here, take my arm.

Never mind. It's just a nick.

Wyatt, you're hurt.

Yeah, he's hurt. A couple of you men

help me get him over to the Doc's office.

Look, leave me alone. I'm all right.

I can do it myself.

There, you see? You can't be too careful.

Marcia?

You and me are gonna have to stay with Wyatt.

Nurse him night and day.

Yes, Ben.

What did I ever do to deserve this?

Look, will you leave me alone? I can do it myself.

I can get there all right.

Marcia, you run on ahead. Get the Doc ready.

A couple of you men get this street cleaned up here.

♪ 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 ♪