The Life and Legend of Wyatt Earp (1955–1961): Season 3, Episode 7 - Hung Jury - full transcript

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♪ Wyatt Earp, Wyatt Earp ♪

♪ Brave, courageous and bold ♪

♪ Long live his fame and long live his glory ♪

♪ And long may his glory be told ♪

Marshal Wyatt Earp, could never complain that

life in Dodge city, in 1877, was bore some routine.

Most of the shootings however, occurred south of the deadline

and involved shady people.

But the alleged killing of Dan Bolton by Reb Thomas

was a noted eventon the right side of the tracks.



Bolton was the town's leading cattle buyer.

A man of wealth and influence.

When Marshal Earp reached the scene..

Alright, get out of here! Get out!

Nothing could be done?

No, sir. He's shot through the heart.

Dan Bolton... my friend.

This drunken fool?

It looks that way, Judge.

Threatened Mr. Bolton in the Dodge House bar this afternoon.

He owes me $800.

- You miserable...
- Take it easy, Judge.

He was so drunk he didn't know what he was doing.

He'll know in court tomorrow morning.



Take him to jail out the back door.

Right.

You..

you want me to tell Mr. Bolton's family?

You want me to tell Mr. Bolton's family, sir?

No. No.

I'll do that.

Fine reward for being an honest businessman

and a decent citizen.

I-I didn't hear about the trouble soon enough.

It's not your fault.

Sober that drunk up get a confession.

- I'll attend to the rest.
- Judge.

Yeah?

I don't blame you for feeling as you do.

But you're still Circuit Judge Tobin.

A hoodlum kills my friend

and I'm supposed to pass sentences

as though I never knew Dan.

You're right.

It was your duty to remind me.

Thank you, Wyatt.

Ain't nothing like black coffee.

Unless it's canned tomatoes.

What was it you want to ask me about, Marshal?

Mr. Bolton is dead.

He is?

Can't say I'm sorry.

He was a no-good, cheat and a liar.

You killed him, we found you in his office.

This your gun?

Yeah, that's my Colt 90.

The gun was in your hand and fired

and the bullet struck Mr. Bolton in the heart.

Well.

Own up to it, Reb, the court will take it easier on you.

Oh, no, sir, I didn't kill him.

- Go get a can of tomatoes.
- Oh, no, Marshal, I'm sober.

I aimed to get my money.

I kill him, I'll own up to that, but..

When I got up to Dan Bolton's office I was so blind drunk

I could hardly walk, guess I must have passed out.

You were wearing this, you remember that?

- That's a 48 Colt.
- Yeah.

It don't belong to me.

Well.

Mr. Thomas, I believe you know Judge Tobin.

You still gonna stick with that cock and bull story of yours?

I told you the truth, marshal.

Dan Bolton deserved killing. If I'd done it I'd own up to it.

Another thing, you folks have been praising up Bolton

as a holy fella, while it weren't no such thing

- I happen to know the...
- That will do.

- Put him in a cell.
- Put me in a cell.

That ain't gonna change my opinion of Bolton man.

- I have...
- Come on, come on, Reb.

Come on.

Sit down, Judge, rest yourself.

You've been through the wringer.

I promised Dan's family that justice would move quick.

Yes.

I'll appoint a lawyer to defend the man.

If he insists on pleading not guilty.

How's our jury panel?

Well, we gotta get some more.

Do it tonight, will ya, Wyatt?

None but good men. I want a fair trial.

An absolutely fair trial.

- Good evening, Mr. Moers.
- Hello, Wyatt.

Were you... here when Reb Thomas had his quarrel with Dan Bolton?

No, but cafe Mrs. Moers was. Will she be needed as a witness?

No. I got plenty of witnesses. I'm kind of short on a jury.

Let's see, Mr. Beasley, Mr. Summers and Mr. David.

They all live here, don't they?

Mr. Beasley and Mr. David left yesterday for Topeka.

I think you'll find Mr. Summers in the parlor.

Well, I'm gonna be mighty short on a panel.

Got three down sick and five out of town.

Wyatt, I was thinking, if you're short you can put my name down.

That's mighty kind of you to offer

but... tomorrow is your rush day, isn't it?

Certainly is, Marshal. You and that conscience of yours.

The trial shouldn't take long, dear.

Oh, please, Marshal, you can find some other man.

Alright, Mrs. Moers. Thanks just the same.

Always the easy mark. Can't you ever say no?

- It's a citizen's duty, hon.
- Why do they have to trial?

He confessed, didn't he?

- I forgot to ask.
- You would. I'll ask him.

- Marshal Earp.
- Yes?

Why they holding a trial? Mr. Thomas confessed, didn't he?

Yeah, well, he claims that he didn't do it.

I'm afraid I'm gonna have to put your husband's name down.

Mr. Summers says he vote to hang Mr. Thomas in general principle.

You have an open mind?

I think so. I'd vote according to the law and the evidence.

Good.

All this trouble about a worthless, drunken sot.

Well, he's entitled to a fair trial, Mrs. Moers.

Just don't get the feeling sorry for that drunken killer.

Cathy, honey.

This whole town is ready to lynch Thomas.

We are running a hotel here.

We can't afford to get public opinion down on us.

I don't under...

I'm just trying to protect you from yourself.

You're too good and kind.

You always were.

- Jury still out.
- Yeah, I know.

It's almost five hours. I wonder what can be hanging him up.

I don't know. Come on.

Come on, Moers.

You've been holding us here for five hours now and you know..

Eleven to one for conviction.

Just tell us why you are acting so stubborn?

Is Thomas a friend of yours?

I never spoke to the man except at the hotel.

Then what evidence has got you so convinced?

Thomas was subdued, according to Wyatt's testimony.

That he couldn't stand on his feet.

I don't see how man in that condition could fire a gun

and hit Bolton in the heart.

The prosecutor had three witnesses on that point.

They all said Reb was a good shot, drunk or sober.

And didn't you hear Doc McCarthy testify

that Bolton had been dead about ten minutes?

Reb passed out after he fired the shot.

I have a reasonable doubt in my mind that Reb fired the shot.

I think someone killed Bolton and put the gun in Reb's hand.

That was Reb's gun. How did your imaginary killer get it?

He could have stolen the gun from Reb.

That's why Reb took a frontier coat from the hotel rack.

I never voted for conviction.

You might as well report to Judge that we couldn't agree.

You think it won't get out that you alone hung up this jury?

Moers, I'm warning you.

Take your hands off me.

I don't care what you tell.

I'm not gonna vote to send a man to prison

when I think he might be innocent.

We're wasting our time on this stubborn fool.

Dave, call the bailiff.

And another trial for that scoundrel.

More time and money wasted.

Fine mess, Wyatt.

One man, Heber Moers.

You think he was bribed?

- No, sir.
- Well, what do you think?

I think the man has a reasonable doubt and so do I.

What?

I don't think we gave ourselves enough time, Judge.

He was a friend of yours and nobody can blame you

for wanting quick justice but I don't have that excuse.

I just.. Well, I went off half-cocked.

Are you out of your mind?

The man's own lawyer begged him to plead guilty.

Well, I'm glad he didn't.

Why? Have you one shred of evidence?

It's utter nonsense.

Now, you get another jury and we'll try that hoodlum tomorrow.

No, sir.

That's an order of the court, Wyatt.

Alright.

But I ask for stay of execution.

I think I know who did kill Bolton.

Oh, you do?

And, of course, you can name him.

I think it was Heber Moers.

Moers, the man that hung up the jury?

That's right.

Oh, preposterous. What motive would he have?

Well, I don't know yet.

Moers hung the jury.

By his vote, he could've convicted Thomas.

Now, why didn't he do that and get off scot-free?

Maybe the man has a conscience.

All I know for sure is that he volunteered for the panel

and he was quite insistent about it.

You got Heber into this, now you can just go and get him out.

- Out of what?
- Mr. Crandel fired him.

And now they're threatening to run him out of town.

- Where is he?
- Back at the hotel.

I borrowed a gun but he says he won't use it. Hurry, Wyatt.

Calm yourself, Mrs. Moers.

Wait here, Mrs. Moers. There's trouble.

Break it up! Break it up! Let him now!

Alright, Mr. Moers, I have to arrest you. Protective custody.

Now, you men, go on about your business.

Which side you on? Moers hung up the jury.

Maybe he was right.

Any more demonstrations like this arrest them all.

Yes, sir!

- What did he mean?
- I can only guess. Come on.

Now, look here, Wyatt. You can't just..

Mr. Moers.

Where is Cathy? She promised she'd wait here.

They won't harm your wife. Make yourself comfortable.

All I did was my duty as I saw it.

Now I've lost my job and the whole town is sore at me.

Calm down, little one. I'll take you back to the hotel.

- I told Mrs. Moers to wait.
- She'll be alright.

Call Reb. I want him to meet Mr. Moers.

Yes, sir!

Mr. Moers, Judge Tobin and I think

that you might have prevented a miscarriage of justice.

Oh! It was someone else.

Like I told the others someone might have stolen Thomas' gun.

Fire the shot then put the gun in his hand.

Well, might have happened that way.

What you're trying to trick me to now, Marshal?

I want you to meet the man who didn't convict you.

That's funny.

I don't like you, you don't like me. What are you up to?

I just wasn't convinced you did it.

The only thing we ever had in common

is we both hated Dan Bolton.

Whatever gave you the idea I dislike Mr. Bolton.

He tried to act cute. You know he was after your Mrs.

That's a lie.

He called Bolton cheat and couldn't prove it.

Now he's attacking a dead man's morals

a respected church going citizen.

Take it easy. Come on, put him back in the cell.

Yeah, put me back in my cell?

You and Moers have to keep Bolton respectable.

Dan was no angel.

Wine and women, his case it was mostly women.

You can prove that?

No, I can't prove. I'm in jail.

But it'll be easy enough for you to prove, Marshal.

All you have to do is check the Occidental Hotel register

in Kansas city.

- You fucking...
- Take him off.

Then arrest Mrs. Bolton

if she was at Kansas city with Dan.

Just relax, Mr. Moers.

You-you aren't taking his words for anything.

No!

I don't think...we have to be careful of the truth and...

I... I think what the Judge told them...

told those hot heads is probably sunk in by now.

Come on, I'll take you back to the hotel.

Cathy! Everything's alright. Wyatt's with me.

Oh! Just a moment, Heber.

I got so scared I blocked the door.

I'll have it opened in just two seconds.

Oh! I'm so glad that Marshal Wyatt came with you.

Oh, darling!

Now, now. I told you it'd work out alright.

I know.

But I just can't wait to get away from this town.

Oh! Hello, Wyatt.

I hope you'll excuse us.

I'll even excuse you've taken a gun.

Gun? What gun?

Colt Navy 36 caliber, belonged to Reb Thomas.

It's now exhibit A state's evidence.

I don't know what you're talking about.

You do, Mrs. Moers.

Are you gonna give me that gun or do I get a search warrant?

- You go get the warrant.
- No, no, Cathy.

I've had this whole thing in my conscience too long.

- Give Wyatt the gun.
- Don't be a fool.

Not this time. Where is it?

Heber, no!

Heber, please!

- I killed Bolton.
- It's not true, Wyatt.

I'd rather listen to you.

Now, let's get this straightened out to the Judge.

Nothing to straighten out. I killed Bolton.

She wasn't involved.

Mrs. Moers, I think you have something

you wanna tell Judge Tobin and me.

Yes, I do.

Does Heber have to be there?

No, he can wait outside the jail.

Why does Cathy have to be mixed up in this?

I was Bolton's silent partner in cattle deals.

He wouldn't pay up. I killed him.

That's very possible, Mr. Moers.

Dan's wife was ill.

He promised if I get a divorce he'd marry me.

I knew my husband would go on being manager.

Cheap hotels in little towns.

But my husband loved me.

There's no excuse. No pardon for what I did.

And when our one miserable affair was ended.

I hated Dan.

I despised myself.

I realized... how kind and decent my husband was.

You said yesterday Mr. Bolton demanded

you make another trip with him.

Yes.

I was sitting at the desk

doing my work

when he suddenly came in.

What's wrong now, Heber?

- Not a thing, honey.
- Oh, it's you.

How many times do I have to tell you not to bother me?

Two tickets to New York and a $1,000 for fun.

Get out.

Oh, no. I really mean it this time.

Look, I'm gonna tell Amy about us.

Get a divorce, babe.

I said I really meant it, Cathy.

Be at my office about 9 o'clock tonight.

You'll be there, huh? Ready to travel.

- Or else..
- Else what?

A certain husband will be getting a divorce.

Pick them up and get out.

No, you pick them up.

Bring them along tonight.

Really mean it, Cathy.

I decided I'd have to settle with Dan.

Once and for all.

But I wanted to keep my husband's love.

That afternoon when Reb Thomas had his drunken set two

with Dan at the bar

I knew I had to find a way to get to him.

Come on. I know.

Alright, now you heard what I said.

He either repays me, or I'll take out his hide with..

Gotta find a good way for it.

So-so we don't land in jail.

- Alright, alright.
- Hey, give me your gun belt.

- Give me your gun belt.
- Alright. Alright.

Why do you want my gun belt?

I wanna hang it up here so you won't jump you on it.

Be careful.

I'm not gonna scratch on it, Reb.

Come on, let's go over to Long Branch saloon

and get another drink.

Yeah, come on. Let's go.

- Okay.
- Long Branch here we come.

He couldn't find his own gun belt so he took another one.

Didn't wait to buckle it on he went lurching into the street.

But something told me he was on his way to shoot Dan...

Why didn't you just let him do the job?

I was afraid that he was too drunk

or that Dan might shoot him.

I remembered Dan always kept his office door locked.

So as soon as my husband came back from the depot

I slipped out the back door and went down to Dan's office.

Hello.

Where's your luggage, honey?

My, my. A gun.

Put that thing away.

Have a chair. We've got lots to talk about.

No. I'm not going with you.

I came here to say that if you tell my husband

I'll use this.

You're going with me, Cathy. Again.

I tried to run then I heard someone outside.

I hurried to the curtains to hide behind them.

I had almost forgotten Reb Thomas.

You dirty cheatin' louse.

Wake up.

Bolton! Wake up and settle like a man.

That's the whole truth, Judge.

I ask only one thing. Does my husband have to know?

Can't you just-just send me to prison?

Mrs. Moers, I couldn't send you anywhere.

What do you mean?

I couldn't accept a plea of guilty

knowing that if you went on trial no jury would convict you.

Besides, Mr. Bolton left a widow, family, friends.

In attempting to punish you which I couldn't do anyway.

I'd be punishing many innocent people.

Are you going to tell my husband?

Mr. Moers knows about it.

How could he?

Well, he worked pretty hard to get on that jury.

His trouble is that he couldn't let an innocent man hang.

And Mrs. Moers, you-you go out there

and tell him the case has been dropped.

Do you really believe in the unwritten law, Judge?

No.

But in her case what can justice

and the Lord ask of the human soul

except that it turn from wickedness and sin no more?

She's been punished.

♪ 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 ♪

Someone needs to stop Clearway Law.
Public shouldn't leave reviews for lawyers.