The Life and Legend of Wyatt Earp (1955–1961): Season 2, Episode 27 - Hang 'Em High - 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 ♪

On the Kansas frontier in the late 1870s,

what men called justice was often savage.

Alleged rustlers and horse thieves

were hanged by their captors without trial.

Judges like Roy bean and Oklahoma Parker ordered men to the gallows

for crimes which today would be punished by imprisonment.

Wyatt Earp, as Marshal of Dodge City,



was one of many peace officers who stood against lynch law

and the severity of so-called legal justice.

When Dal Royal, a Texas cowhand,

was sentenced to be hanged for murder,

Marshal Earp and Sheriff Bat Masterson staged a two-man fight

against the cruel indifference of the public

and the bloodlust of the gallows.

All right, there he is.

Throw your hats in these bushes. Get those masks on.

You two, take him alive if you can.

I don't think he'll put up a fight.

If he does, we'll be ready for him. Move on out.

Come on!

He got 'em both, Judge.



My fault. I should have ambushed him.

Take off their masks and their guns.

We'll hang that traitor legally

for murder.

Mr. Royal, this court has found you guilty

of murder in the first degree.

You offered no defense. Have you anything to say now?

Very well.

This court sentences you to be hanged.

- Sheriff Masterson.
- Yes, your honor?

You will escort the prisoner to jail

in our County Seat, Dodge City,

from this Court in Bucklin.

You will execute the order of the court before sundown tomorrow.

- I gotta do the hangin'?
- You're the Sheriff of Ford County, aren't you?

- Yes, but...
- Part of your duty

is to execute condemned murderers.

I just never thought...

I never took that part of my job into consideration...

Sheriff, I happen to be Chief Magistrate

of Bucklin Township, Ford County.

- You'll carry out my orders.
- Yes, sir.

By sundown tomorrow?

I'll put it in writing for you.

You've heard of malfeasance in office?

- Well...
- Failure to comply with a court order

could result in immediate removal as sheriff.

Yes, sir.

Court is adjourned.

You'll wait here for this order to be written,

then get on your way to Dodge City.

If it wasn't murder, why didn't you say so?

- Why didn't you say something?
- I couldn't.

Why?

Thanks just the same. I'm not talking.

You better take that order, and let's go.

- Thanks.
- All right, you stand over there.

I'll help you on your horse. Then we ride to Dodge.

- Whoa!
- Marshal Earp?

- That's right, ma'am.
- Thank goodness.

I was afraid you might be out of town.

Have you heard about Dal?

I'm afraid I don't know what you mean, ma'am.

Well... could we talk in your office in private?

Certainly.

I'm Alice Hendricks.

My Papa owns the KT spread.

Dal Royal, the boy I mentioned, was our foreman.

We just got word he's in awful trouble.

- Come on inside.
- Thank you.

That awful Judge Smith at Bucklin

sentenced him to death, Marshal.

Sheriff Masterson is bringing him here.

Dal wouldn't murder anybody.

Even Papa admits that.

And I want to hire lawyers,

do anything to help Dal.

But, most of all, will you help him?

I'll do what I can, Miss Alice.

But it happened out in the County,

and that's under the jurisdiction of sheriff Masterson.

Papa says Bat is just a kid. I need you, Mr. Earp.

He's not a kid. He's a very capable man...

Dal! Oh, Dal!

Dal.

Dal, why didn't you send us word?

- Why didn't you...
- Now, Alice, you keep out of this.

I will not.

Why did you let that Judge do such a horrible thing?

Oh, handcuffs!

- You take them right off. Dal isn't a criminal.
- Alice.

Don't blame me, ma'am. I begged him to talk up for himself,

- but he wouldn't do it.
- I'm going inside.

I'm going in, too. Don't you try to stop me.

Marshal Earp, could I talk to Dal alone, please?

Certainly, ma'am. You can go right in there.

When they're finished, book him and lock him up.

Kinda purty, that gal. Maybe she can get the truth out of him.

And look what I gotta do.

When you talked me into running for sheriff,

you didn't tell me I was going to have to hang people.

"Dal Royal, sentenced to be hanged

"for murder of Hanby and Tremont."

Well, is Mr. Royal guilty?

Two unarmed cattlemen dead on the trail near Bucklin.

A lot of horse marks. One set led into town.

A friend of the men pointed out Dal as having quarreled with him.

When I arrested him, he'd thrown his six-gun away.

One of my deputies found it in a ditch, two empty cartridges.

Dal wouldn't say anything.

There were a lot of horse tracks?

- More than three?
- Six or seven.

It looked like Dal might have been riding with a gang,

had a fight, and shot a couple.

What are you going to do if a man won't talk?

Well, do you think he's guilty?

No, sir, I don't. I think he shot 'em,

but he doesn't look like a fellow who would fire on unarmed men.

That's what we have courts for... to decide that.

That boy's been eating locoweed or something.

He says he can't talk because they'll get me.

- Who is "they"?
- He won't tell.

You're a fine sheriff. I bet you don't even know

the names of the hoodlums Dal is supposed to have murdered.

- Hanby and Tremont, and they weren't hoodlums.
- They weren't?

No, they were cattle ranchers from East Texas.

You ever hear of them, Miss Alice?

No, but Dal is an East Texas boy.

What do you aim to do about it, Mr. Earp?

Well, time is getting kind of short.

Judge Tobin will be here. I'll ask him for a stay of execution.

You see? Marshal Earp wants to help us.

Well, Sheriff Masterson

is handling the case, ma'am.

Humph. Do you advise me getting a lawyer?

No, ma'am, I advise you to keep after Mr. Royal.

You try and get him to talk.

You can threaten him, or use persuasion,

or whatever your female wisdom decides.

In the meantime, you and I will shake out the town.

There ought to be somebody in Dodge who remembers Hanby or Tremont.

What if I can't persuade him?

Will ya...

Will ya give me a key and let me turn him loose?

- No, we won't.
- I'm afraid we couldn't do that, Miss Alice.

And don't you waste your very considerable charm on us.

- You just work on Mr. Royal.
- I will.

Oh, I will!

Thank you.

I'll threaten that boy not ever to speak to him again.

Girls. She doesn't believe

that tomorrow before sundown I'm going to have to...

Maybe it's kinder if she doesn't.

Come on, let's go to work.

Why does she kiss you and act sore at me?

Well, I think that maybe deep down

she knows what you may have to do.

- Come here.
- What for?

I want to talk to you.

Look, I'm going to ask you once more.

A man's life depends on this!

I'm thinking about my life!

Now, you're not going to get hurt.

What about them White Caps?

White caps? What do you know about 'em?

Were Hanby and Tremont White Caps?

- Were they?!
- Yes!

- What about Dal Royal? Was he one, too?
- I don't know.

I don't know nothin'. Just let me outta here!

Now, Mr. Royal, we have reason to believe

that Hanby and Tremont belonged to the White Caps.

- What's that?
- You know the White Caps.

Maybe you're one yourself. Maybe that's why...

The White Caps are an offshoot of the old Klan.

I got a hunch you belonged.

- Maybe you quit.
- And when they tried to bushwhack you,

you shot Hanby and Tremont and rode into Bucklin.

Judge Tobin will be here in a few minutes.

If this is true, or any part of it's true,

you should tell the Judge.

He might grant you a stay of execution.

- For how long?
- Long enough for us to dig into that White Cap gang.

That would take a long time.

Meanwhile, Alice and her father...

Thanks just the same.

You won't talk to the Judge?

Marshal, I know the White Caps. You don't.

You're asking me to buy a little time at the risk of Alice's life.

Would you do that if you were in my spot?

- No.
- Of course you wouldn't,

and neither would Bat.

One thing you can do for me, though...

Get Alice out of town, and let me swing tonight.

No. We're going to try and break up

this White Cap outfit

with your help, Mr. Royal, or without it.

So, anyway, Judge Tobin, Mr. Masterson and I

think that it was a White Cap deal.

We think they framed Mr. Royal with that murder charge

after failing to bushwhack him.

- Any evidence?
- No, sir, not yet.

They work in secret.

Yes. And I can understand

young Mr. Royal's fear of talking,

but I can't grant the stay.

I'd be in immediate trouble with Judge Smith at Bucklin.

- Sir, you outrank him.
- It's not that simple, Wyatt.

We'd have to go to the supreme court or the governor,

and only on the basis of new evidence.

You haven't got new evidence, just a theory.

Well, sir, a man's life depends on it...

Marshal Earp! Marshal Earp!

Check Front Street.

You know who he is?

Yeah, he's the man that told me about Hanby and Tremont.

White Caps, huh? Let me talk to Dal Royal this time.

Whoever he was got away.

Take him on over to the Coroner's Office.

Come on, give me a hand.

And you're a fine southern boy.

Why would you shield these hoodlums at the cost of your life?

He's afraid they'll kill me.

They killed a man right outside this jail.

Marshal Earp will give you both police protection.

But unless you make a signed statement

admitting former membership in the White Caps

and naming your associates,

I can do nothing for you.

Alice and I can't hide behind Marshal Earp forever.

The way it has to be, she'll live.

I don't want to live.

The boys really wrung the town out. No luck at all.

You going into the harness maker's trade?

I've been working at this most of the night.

You're just about Mr. Royal's size.

- Come over here and try this on.
- What's the idea?

Well, I got this trick

from Tom Meyer.

He's an old-time circus strongman.

He used to let them hang him in front of an audience

to prove how strong his neck muscles were.

Now, he wore this harness

to take up the shock.

The rope around his neck looked like it was rigged to be tight,

but it really wasn't.

- Feel this hook in the back?
- A fake hanging, huh?

- That's right.
- Great! I was afraid I wasn't going to be able

to go through with that other thing.

We want this hanging to look good, but not too good.

We want the White Caps, whoever they are, to be suspicious,

and this will help smoke 'em out.

If Royal and the girl do their part.

I'm not worried about them doing their part. I'm worried about the Judges.

Judge Smith's at Bucklin. Judge Tobin will take your word.

- That's the trouble.
- Huh?

If Judge Tobin asks me any questions point blank, I couldn't lie to him.

- Well, I will.
- Oh, no, no lying.

Just have to hope that the White Caps move fast.

Now, take that off.

This is your last chance, Mr. Royal.

Do you have anything you want to say?

No, sir.

You still deny you had anything to do with the White Caps,

and you refuse to name them, huh?

Let's get it over with.

Sheriff Masterson.

No! No, stop!

No!

Carry her over to the office.

That's good.

You and your men stake out over there someplace.

I'm going to go back to the office and see what's happening.

Judge Smith was in the crowd.

Why'd he come all the way from Bucklin?

Well, Pete Albright was in the crowd, too.

There are a lot of buzzards hanging around.

You keep an eye on that.

Why doesn't he just let us make a run for it?

Once we're back at the ranch,

Papa and the boys will take care of things.

No, Mr. Earp's handling it right.

But how long will you have to hide out down here?

Not too long, he says.

Now, calm down, honey.

We're alive.

Why don't you tell him who the White Cap leaders are?

Telling wouldn't do a lick of good.

Mr. Earp has to prove it.

We have to trust him. It's our only chance.

- Oh, Judge Tobin.
- Good evening, Mr. Albright.

There's been a lot of ugly talk around town.

- I thought you ought to know about it.
- Talk?

Yeah, they're saying that Earp and Masterson

didn't really hang that fellow.

- What?
- The talk is, they faked it somehow.

I'm not saying I believe it.

Nonsense! The man's buried.

Well, a lot of folks aren't satisfied.

They wouldn't let anyone view the remains up close.

They hustled the body into the coffin

and sealed it... Masterson's deputies.

- Are you making a formal charge?
- Not me.

Judge Smith is fixing to, I hear.

Judge Smith of Bucklin is in town?

Yeah, over at the Texas House.

- Maybe you ought to have a little talk with him.
- No.

It's a lot of foolishness.

I'll clear this up with Marshal Earp.

- Well...
- Silly gossip!

And I advise you not to repeat it.

In all my time on the bench,

I never heard such a story, Wyatt.

You and Masterson are in contempt of court.

You're guilty of malfeasance in office.

You asked me for a stay of execution,

and when I properly refused, you defied me.

Now, where's the prisoner?

I'm sorry, sir.

You sneaked him away, and you refuse...

All I need is a little time...

An hour, maybe three.

Preposterous!

I ought to suspend you from office, arrest you.

Do you know anything about the White Caps?

Of course, I know the White Caps.

They're an illegal crowd of thugs and murderers. But the point is...

The point is, you can't get evidence on the White Caps

by ordinary police work.

Sir, they hide behind masks.

If a member quits them, like Mr. Royal did,

they either try to ambush him or frame him into a hanging.

If a cowhand tries to tell on them,

they shoot him down in front of this jail.

You got to smoke them out of hiding,

catch them red-handed.

And you think you can?

Yes, sir. Just give me until midnight.

If Mr. Masterson and I don't have any evidence by then,

I'll surrender Mr. Royal.

And you can fire us and all our deputies.

Sir, there are peace officers and Judges all over this country

that are risking their lives

trying to get rid of the White Caps.

Now, all I'm asking you to do is to risk a few hours.

Well...

All right!

Never saw him before.

- How about him?
- No, he's a stranger to me.

They're just a couple of nobodies.

We'll take 'em to Wyatt. Maybe they'll talk.

What's all this?

They started to open the grave, and we jumped 'em.

They were wearing these masks.

Nine minutes to 12:00. That's cutting it pretty fine.

- I don't suppose they'll talk.
- No, sir.

Well, let them rest in jail a while.

I'll continue the stay of execution.

- Thank you, sir.
- Judge Smith may object,

so I'll have to wire Chief Justice Morgan.

But no more illegal procedures.

This will give you time to crack the case.

Right, sir.

Brick, put them on bread and water. Maybe they will talk.

Miss Alice went back to the hotel.

You're not going to turn Dal loose.

- He's still a prisoner, and we promised the Judge...
- You promised.

- I didn't say a word.
- Look...

You're in the clear.

Whatever happens next, the Judge can hang me.

Bring Mr. Royal up from the cellar.

- I want to have a little talk with him.
- All right.

All right. Now, this is the shortest trail

between Dodge and the Hendricks ranch.

As soon as the White Caps find out that we're moving you out,

they'll guess that we're heading

towards the home of your future father-in-law.

Maybe. Maybe they'll set a nice little ambush, too.

Well, that's our one hope, Mr. Royal.

Hope? You take a prisoner out of jail,

let the White Caps know we didn't hang him, and then ride into an ambush.

While Sheriff Masterson

trails the bushwhackers with his deputies.

- It's up to you, Mr. Royal. I can't ask you to...
- I don't like it.

Something might go wrong with the timing, they'd have both of you in a box.

No, he's right, sheriff.

Are you tired of livin'?

I ain't livin' this way.

Either they hang me for sure,

or turn me loose for a White Cap party later on.

Let me go by myself. You ride with Bat and the deputies.

No. Then they'd suspect a trap.

Anyway, Mr. Masterson promised Judge Tobin to be strictly legal.

What you want to do is legal?

Sure, it is. I'm not turning him loose.

He'll still be in my custody.

You and the boys be careful how you shoot.

I want to take that gang alive.

Jigger...

Jigger, come on in here.

- I want you to do me a little...
- I thought he...

He's not a ghost. We had to fake the hanging.

He's still got an awful lot of enemies,

so we're taking him to old man Hendricks's ranch.

We're leaving tomorrow morning at sunup, and, uh...

I'd like for you to pass the word.

Yes, sir, I'll sure tell 'em.

Come on.

Come on!

- Are we going to wait till they jump Wyatt?
- No.

Wyatt's too tenderhearted about killing.

Come on, let's get out.

All right, hold it! Drop 'em!

No!

Well, Wyatt, they're dead.

- Did you have to kill 'em?
- I couldn't see any other way.

Judge Smith, Pete Albright.

I don't like hanging people.

Better to drop 'em in an open fight.

- Anyway, they fired at me first.
- You made it too easy.

I could have got 'em for you.

All right, let's load 'em on the horses.

A couple of you men get off there and help 'em.

Dal! Oh, Dal!

Uh, Your Honor,

Sheriff Masterson and his deputies

had a little fight with the White Caps.

UnFortunately, two of them were killed.

I think the rest of them will turn State's Evidence and clear Mr. Royal.

Well done, sheriff. And where were you while all this was going on?

Well, I'll tell you, sir.

I took Mr. Royal out for some fresh air.

I felt it was absolutely necessary to keep up his vigor and strength.

You were very thoughtful, Mr. Earp, as always.

Well, thank you, Sir. I appreciate that.

Come on, let's get these prisoners in jail.

♪ 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 ♪