The Virginian (1962–1971): Season 1, Episode 17 - The Judgment - full transcript

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

We're in complete agreement
about this, Judge.

I don't know.

We're not going to take no
for an answer.

We're not going to let you
turn us down.

You're the only man
in this district

who can beat
Oliver Smith at the polls.

Even the Governor
agrees with us.

That's why Arnold
made this special trip here.

You may be overestimating
my drawing power, Arnold.

Nonsense, Henry.



You're the finest judge
we ever had in this state.

Everybody knows that,

and you're
the best qualified man
for the post.

I can't understand
why you'd even hesitate, Henry.

You can't?

Well, you of all people
I thought would understand.

You and Fred.

Well, I know,

but that was
a long time ago.

Yes, it was.
A long time ago.

Times have changed.

But the basic issues haven't.

The Governor wants you to know
he'll back you all the way.

The way the people
of this county feel about you,



Judge, you don't need
any support from the capitol.

Well, I must be going.

Well, how soon
do you need an answer?

Arnold has to
go back tomorrow
on the noon train.

You staying at the hotel?

Yes.

Well, I'll let you know
in the morning.

Fine.
Good night.

Good night.

Now don't let us down.

Thank you for coming over.

Good night.
Fred.

Well, as long as you're up,
you might as well come on down.

You're liable to catch cold
sitting on the stairs.

Hey, how'd you know
I was there?

Oh, isn't it exciting?

Oh, you'll look perfect
in a robe sitting up there
on the judge's bench!

I'll be so proud of you.

You think I should run, huh?

Well, of course.

You wouldn't turn it down,
would you?

Let me show you something.

I don't understand.

I keep this around
as a reminder.

You don't remember
the promise I made you,
do you?

Oh, of course not,
you were only five
at the time.

Jake Carhew.

He brought this revolver
into Medicine Bow...

ten years ago.

Jake and his brother Lennie
had more hate in them

than any men I ever knew.

It's them all right.

Ain't seen you boys
in quite a while.

We wanna see Billy.

You got him here, ain't ya?

He's here.

You just get in town?

Rode clear from Montana.

Well, your little brother Billy
fixed himself up good this time.

Killed old Clyde Morton.

He had his trial?

Last Tuesday.

Jury found him guilty
of murder in the first degree.

The judge will be
passin' sentence Monday mornin'
first thing.

And I'm givin' you
a fair warnin'.

You boys pull
any rough stuff
in this town,

I'll slap you in jail.

You gonna let us
see Billy or not?

How 'bout it?

Sure, you can see him.

Put your guns on the desk.

You never did
trust us Carhews, did ya?

No, can't say I ever did.

Same old town.

Nothin' don't ever change
around here, does it, Sheriff?

Lots of changes
since you've been here.

I ain't sheriff anymore,
for one thing.

Got beat
in the last election.

I'm just a deputy now.

You got company, Billy.

Jake! Lennie!

Holler when you want out.

Doggone,
I sure never thought
I'd see you boys again!

Ah, we come
as soon as we heard.

Workin' with some of the boys
up in Montana.

Boy, I sure
should've gone with ya,
and that's a fact.

They're gonna hang me!

They ain't gonna hang you.

Yes, they are!

They pushed me
right through that trial,

they're buildin' the gallows
for me, and they aim to use it!

I'm gonna ask you
a question, Billy,

and I want you
to tell me the truth.

Did you shoot that fella
like they claim?

No!

Don't you lie to me, Billy!

I can tell when you're lyin'!

You'd have shot him too,
Jake, I swear it!

There was no other choice.

It don't matter.

We ain't gonna let them
hang you, Billy.

That's a promise.

What do you aim to do?

We're gonna get you
out of here.

Just the two of you?

Listen, I don't want you
and Lennie gettin' hurt
for nothin'.

Nah, there's more than just us.

We got word
to the rest of the family.

There's Uncle Wilkie,
Cousin Harv...

Ah, even so.
Listen, bustin' me out of here
ain't gonna--

I didn't say nothin'
about bustin' you
out of here...

unless we have to.

There's other ways.

What?

Listen,
Judge Garth's gonna
sentence me Monday mornin'.

Who was your lawyer
at the trial?

Old Parmalee?

He's been dead two years,
right after you left.

New fella named Smith.

Denton, open up.
We're comin' out.

Listen, you need anything,
now you let us know.

Listen, you're just
wastin' your time.

There's nothin' you can do,

even if there's time
to do it in.

I'm gonna make you
a promise, Billy.

When we leave this town,
we're takin' you along,

and there ain't nothin',

I mean nothin'
in this whole world
gonna stop us!

That new lawyer fella--
what's his name?

Uh, Smith.

Yeah, where's his office?

Upstairs
over the real estate office.

You're wastin'
your time, Jake.

Yeah?

Here you are.

Go find the sheriff, Piney.

Think they'll try somethin'?

I know they will.

Well, I've done
everything possible.

I'm afraid there's
nothing more that can be done.

I'm sorry.

There's always somethin'
that can be done.

We can raise more money
if that would--

No, that wouldn't help.

I've already appealed
the verdict.

It was turned down
this morning.

Frankly, I didn't even
have solid grounds
for the appeal,

but I had to try.

Well, let me
tell you somethin'.

We're gonna do a lot more
than just tryin'.

Now Billy ain't hangin'.

I'm afraid that's
in Judge Garth's hands now.

Would he let Billy go?

No, the jury
found him guilty

without recommendation
of mercy.

You sure there
ain't any loops or holes?

Well...

by law, the judge
could set aside the verdict,
but...

Then it ain't up to the jury,
just to him.

That's right,
the jury's been discharged,

but the judge would have
to have good reasons to take
such an action.

Suppose you tell us
some of those reasons,
some of the good ones.

Well, there aren't many,

but I'm afraid there
just isn't much chance.

Mister, Billy ain't hangin'.

Well!

Daddy, Daddy,
can I go to?
Please, please?

Well now, Betsy,
it's a long ride.

I think you better stay here
with Mrs. McCleary.

Please, Daddy,
I wanna see the ranch again!

Now he's right, dear.

You stay here with me

and let your father
and Miss Finley

take their drive together.

Oh, I never get
to go any place!

Betsy, listen,

the very next time we go out,
we'll take you with us.

I was planning to whip up
a batch of cookies today,

and I'd like you to help me.

Brownies?
Mm-hmm.

Well, all right then.

Ah, be a good girl
and mind Mrs. McCleary.

I will.

Come on, dear.

We'll wave good-bye
from the doorway.

She's very good with Betsy.

Oh, I'm lucky.

Not many boarding houses
are run by women
like Mrs. McCleary.

Thanks for meeting me here.

It'll save us
a good hour's time.
Mm-hmm.

Hello, Burt.

Judge. Alice.

Anything wrong?

Well, I don't know, Judge,
my deputy seems to think so.

Billy Carhew's brothers
just showed up in town.

Well, I've been expecting
to see them. They giving you
any trouble?

No.

They will, depend on it.

Are they that bad, Judge?

Best thing that ever
happened to this town

was when the Carhews left.

Too bad Billy Carhew
didn't leave with them.

Well, anyway, I figured
I better let you know.

Denton seemed to think
they'd be lookin' you up.

Where are they now?

They went over
to see Oliver Smith.

Well, that doesn't
sound like the Carhews.

Alice, I'm gonna
have to stay here,

at least until I find out
what they want.

Maybe we can see
the ranch tomorrow.

Of course,
and don't worry,

I don't mind
driving home alone.

Thanks.

Oh, I better tell
Mrs. McCleary

I'll be here for dinner
after all.

Excuse me.

Stop off by the lake.
I'd like to see you.

I'll be in my office
if you need me, Judge.

All right, Burt.

Well, Judge,
it's none of my business,

but you're never going to find
a mother for this little girl

unless you take some time away
from that courthouse.

Well, I'm working on that
right now, Mrs. McCleary.

You and Alice had better
set a date soon.

I thought that's
what you were up to today.

Now, Mrs. McCleary.

Say, you better save me
some of those brownies,
you hear?

I thought you
didn't like brownies.

Alice...

I hope you don't mind
going home alone.

Oh, no, no.

I--I was worried about you
and those Carhew brothers.

Well, there's nothing
to worry about.

You go on ahead.
I'll--I'll walk
to the courthouse.

Is it that serious
of a problem?

No, I just wanna think.

I'm sorry we won't
have a chance to talk today.

We will tomorrow.

Good-bye, Henry.

Henry.

Morning, Howard.

I thought you and Alice
were gonna ride out
to your ranch today.

Well, we had a change in plans.
Alice went on home.

Then you heard the Carhew boys
are in town.

Yeah.

Take care of yourself.

I wouldn't want anything
to happen to my daughter's
best prospect.

Well, I'm a cautious man.

Well, you know
the town's in back of you.

I mean, all the way.

Carhew is gonna hang,
isn't he?

Sentence will be passed Monday.

Morning, Howard.

Mornin', Judge.
Surprised to see us?

No.

We was lookin' for ya.
Figured to talk to you
about Billy.

We can talk in my chambers.

I, uh, I don't allow weapons
of any kind in my courtroom.

You can leave them out here.

Now hold on--
Do as he says.

We wanna do everything legal.

What's on your mind?

Poor Billy--
he's sure in a terrible fix.

We come to help him out.

What do you want of me?

Well, we had this little talk
with Billy's lawyer,

and he says it's up to you
if Billy hangs.

Billy--
he didn't kill nobody, Judge.

He gave me his word on that.

Did you see the transcript
of the trial?

The lawyer--
he filled us in on it.

Your brother was heard
to threaten Morton
over a gambling debt.

He was seen in the vicinity
of the Rock House Road
by four witnesses

five minutes before the shots
were fired,

and he was seen riding away
from the scene of the killing
by two other witnesses,

and he paid for a drink
at the Double Eagle Saloon

with a gold piece
which had been given to Morton
not three hours before.

Well, ain't all that
what you call

"circumstantial evidence"?

All evidence
is circumstantial

unless there's
an eye-witness.

Well then, if nobody
seen him do it,

how can you be
so all-fired sure he did it,
Judge?

Look, I don't intend
to discuss the testimony
of a case

that's been heard
and the verdict handed down.

I know you, Judge.

You're a fair man.

You're a real fair man.

Now if we had us
a good legal reason

why you shouldn't hang Billy,

then you'd be obliged
to go along with us.

Ain't that right?

What reason?

Well, the lawyer
says that on account

of the way people
think of us Carhews,

Billy didn't get himself
a fair trial.

A jury found Billy
guilty of murder.

Well, the point we was talkin'
with the lawyer

was the way folks
think hard of us.

I never understood it myself.

Look, I've known you
and your family
since I came here,

from the day I filed
for the first piece of land
for my ranch.

In all those years,
you proved to be the meanest,

most vicious, and corrupt men
in the county,

committed crimes
both legal and moral,

been in jail so many times
I couldn't begin to count them.

The lawyer says you
could set away that verdict.

That how you say it?

Set aside.

Yeah, set aside the verdict
because of...

prejudice.

Prejudice?

Yeah, he said it'd be legal.

I mean, you could let Billy go.

Well, it would be legal,

but in this case
there are no grounds.

No grounds?

Why, you just spoke
the grounds, Judge.

Prejudice--
a sure true thing.

Ain't nothin' but prejudice
about us in this county.

I mean, can you deny that?

I kept prejudice out
of your brother's trial.

But it was there!
You couldn't stop it!

Now you got a chance
to do the right thing, Judge.

That's all I want.

Lennie here--he was all
for bustin' Billy right out.

Lennie's not too bright.

That's what I said!
That's what I told him!

I said,
"Suppose someone comes along
and busts Billy out.

Then Billy's got to run
the rest of his life," Judge!

On the other hand,
if you got a good reason--

a good reason to get rid
of that verdict,

then Billy goes off a free man!

Now how 'bout it, Judge?

Sentence will be passed
Monday morning.

If you wanna hear it,

I suggest you
make arrangements
to be there.

Now you ain't hangin' Billy.
I'm tellin' ya.

Get out.

You got a daughter,
ain't ya, Judge?

Well now, you just better
watch what you do.

Ugh!

Lennie! Lennie!
Lennie! Lennie!

Sorry about that, Judge.

Lennie here--
he, uh, he didn't mean nothin'.

I mean, he wasn't threatenin'.

You just think it over.

Get out.

Sure, Judge.

Sure.

Oh, Burt.

You like that, huh?

I--I can't stay very long.

Father will see Henry
and know I didn't go out
to the ranch.

Whatever you say.

Burt...

we just can't go on
meeting like this.

It's not right.

You're the one
that wanted it this way.

Doesn't make any difference
to me.

When are you going to tell him?

I tried, but I...

I can't.

You feeling sorry
for the judge?

No, of course not.

I can't imagine anybody
feeling sorry for Henry Garth.

If you think so much
of him,

what are you doing here
with me?

Sometimes I wonder.

Now what does that mean?

Burt, I don't know.
I don't know!

I just know there's
something about you

that makes me
lie awake at night
wanting you to be near me,

wanting you to touch me,
to love me.

I don't feel that way
about him.

But it's something else--

there's a kind of fondness,
respect.

I used to think
I was in love with him until...

Maybe I still am,
in a way.

Believe me, honey,

you're not in love
with anyone but me.

So I asked him what
his decision was gonna be.

Well, what did he say?

He's gonna hang him.

Did he tell you that?

No, not in so many words,
but that's what his meaning--

Afternoon, Mr. Finley,
Mr. Mercer.

Hello, Jake, Lennie.

Well, I've gotta be going,
Howard.

I've got inventory waiting
for me. You know how that is.

I'll see you later.

Mm-mm.

Now see here...

He means we'd be much obliged
if you'd stay.

Well, you've got
no business with me.

Yes, sir, we do.

As a matter of fact,
we was up to your place
a while ago,

just after talking to,
uh, Mr. Miller, Miller,
at the hardware store.

We had nothing to do with
convicting your brother.

There's no call for you
to come storming in here.

Nobody's stormin',
Mr. Finley.

You know and I know
Billy didn't get a fair shake
in this town.

Now Lennie here--
he got all riled up
about that,

and he was all for--
he wanted to bust up this town.

He figured he
could set a few fires.

Uh, two, three maybe,

and he could
just burn this town
right down to the ground.

But that would hurt
a lot of innocent people,

and we wouldn't
wanna do that,

so we talked
with Billy's lawyer,

and he says the verdict
against little Billy

can be set aside
because of...

Uh, pre--pre- jud- ice.

That's right,
that's right.

Well, you'll have to talk
to Judge Garth about that.

Already did, only he
don't sound cooperative,

so I figure maybe some
of you folks around here

could, uh,
give him some advice.

He needs it.

You tryin' to get us
to put pressure on the judge?

No, sir. No, no, sir.

Ain't that right, Lennie?

Hmm?

Doggone it, Lennie!
Look what you done!

Well, I'm sure sorry
about that.

I reckon I'm pretty jittery
worryin' about little Billy
gettin' hung and all.

Well, you better watch out
what you do from now on.
You hear me?

We're mighty sorry
about them lamps.

You think two dollars
will cover the damage?

Yes.

Speak up, Mr. Finley,
I can't hear ya.

I said yes!

It should cover it.

Good, good!

Well, it's been nice
visitin' with you boys,

and I want you to know
ain't nothin' gonna happen
to this town

because I think
the people around here
are fair-minded.

I, uh, I asked Billy
straight out if he
killed old Morton,

and he swore--
he swore he didn't.

Billy wouldn't lie to me.

I mean, you know that.
You know that.

I don't think the people
around here are gonna stand by

and let that judge
hang an innocent boy

when he's got a legal
and right way out of it.

I sure don't.

Well, I better get you
out of here

before you bust up
somethin' else.

Doggone.

Hmm.

They can't get away with this.

They did.

Who's gonna stop them?

Come in.

Well, everything
seems quiet on the street.

Is that right?

Something happen?

Some of the most important
citizens in this town

have been visited
by the Carhew boys.

I want thos two arrested
and kept in jail
until Monday morning.

On what charge?

Threatening these people
and the court.

All right,
I'll take care of it.

I'll go with you.
You'll need help.

Listen, Pop,
I'll tell you what to do.

You're just a deputy.

You better take some help,
Burt.

I was elected sheriff
of this town.

I wouldn't have run
for the job

if I didn't think
I could take care of it.

There's only two of them.

All right, bring them in.

Well, Judge, I guess
I shouldn't have stayed on
as deputy.

I get under his skin too easy.

Ah, he'll get over it.

Howdy there.

You're blocking my way.

Appears that way, don't it?

Maybe you don't remember me,
Carey.

I couldn't very well forget ya.

I hear my cousins are in town.

They're camped in a grove
in back of the courthouse.

You'll be doing them a favor
if you tell them to get out
of town

'cause there's nothing
any of you can do.

Much obliged.

I'll look you up
before I leave.

Jake and Lennie Carhew.

You must be the new sheriff.

We was mighty sorry
to hear about old Denton
gettin' whipped like that,

but then he
was beginnin' to slow down.

I guess that wasn't good,
was it?

What do you want?

Takin' you in.

Is that a fact?

You mind tellin' us what for?

For threatening
the townspeople
and the court.

So you just stand up
and keep your hands
where I can see them.

Sheriff, you're all wrong.

We never threatened nobody.

Smith, the lawyer,
he said that was against
the law,

so we was mighty careful
not to do that.

The judge swore a complaint
against you,

so I'm lockin' you up.

You can tell your side
to the court.

Boy, you barkin' up
the wrong tree.

We, uh...

We don't wanna fight you,
Sheriff.

But then we let you lock us up,

Billy's last chance
goes right out the window.

Unbuckle the gun belt.

Let it drop.

Ugh!

Ugh.

Glad to see you could make it,
Cousin Harv.

I wouldn't miss it.

I figure I owe this town
somethin'.

Yeah, well, you're
gonna get your chance.

Can you hear me, Sheriff?
Can you hear me?

Yeah. Yeah.

All right,
you listen close.

I aim to have Billy
out of that jail,
free and clear.

The judge is gonna set away
that verdict.

You understand?

I said, do you understand?!

Yeah. Yes.

You tell everybody what I said.

We got some stew on the fire.

You hungry?

Ain't I always hungry,
Cousin Jake?

Ugh.

A bit more coffee, Judge?

Yeah, please.

There you are.

Say, isn't that Wilkie Carhew
and his boy?

Looks like them.

Well, I say something
ought to be done about them

before they start anything.

Something's being done.

Good.

Oh, sit down.
Have some coffee.

No coffee.
Thanks, Judge.

I ran into Clyde Carey
on the street.

They're havin' a meeting
over at his place.

I'd like for you
to be there.

I'll drop in later.

Now, Henry, we've been friends
for a long time.

I've never given you
a bad steer, have I?

Only once.

You were one of those
who talked me into leaving
the ranch

and running for judge.

Best thing ever happened
to this county.

Well, anyhow,

I don't like
to push my nose in
where it's not wanted,

but, um...

What are you getting at, Joe?

Oh, I don't know.
Nothin' maybe.

I better get back down
to the jail.

Judge.

Glad you
could make it, Judge.

Why all the secrecy?

Purely precautionary.

We don't wanna be interrupted.

There are five of them now,
Henry. Did you know that?

Yes.

Jake and Lennie
came into my livery stable.

They kept dropping
lighted matches around.

It was terrible!
We have to do something!

I left instructions
with the sheriff
to arrest them.

If any of the other Carhews
make threats,

they'll be arrested too.

It doesn't seem
that simple to me, Judge.

I mean, you can't keep them
locked up forever.

He's right.
If Billy Carhew hangs,
when they get out--

They try anything
after they're released,
they'll be jailed again.

How many of us
will be dead by then?

This isn't the first murder
that one of the Carhews
has committed.

It's just the first one
that anyone's been able
to prove.

There won't be one of us
or our wives or kids
that'll be safe.

You know the kind
of men they are, Judge.

Yes, I know.

Judge, we've been talking
something over.

When Jake and Lennie
came to see me,

they said that you
didn't have to hang Billy,
in spite of the jury's verdict.

Their lawyer told them that.

Yes.

Well, we wanna know
if it's legal.

Well, if prejudice
prevented Billy Carhew
from getting a fair trial,

yes, the verdict
could be set aside.

Well, as much as I hate
to admit it, they do have
a point about prejudice.

The Carhew's have always
been treated like dirt
around here.

If a crime was committed
within 100 miles of here,

they were accused of it,
and sometimes quite unjustly.

Now I wasn't on that jury,

but I'd say that you couldn't
pick a jury from this town

that wouldn't be prejudiced
against the Carhews.

Ask Williams there.
He had his troubles
with the Carhews.

He was on the jury.
He was ready to believe
that Billy killed Morton

before he even sat down
in the jury box.

That's right, Judge.
The rest of the jury
felt the same way.

You're asking me
to set aside the verdict.

We just want you
to have the facts.

They're irresponsible,
vicious, cold-blooded scum

capable of practically
anything...

but I personally don't think
it's worth the risk

just to see one of them hang.

There is only
one question here--

did he get a fair trial?

We think not.

The evidence
would have led inevitably

to the same conclusion
in any court in this territory.

You have admission
of prejudice--Williams.

But a jury
rendered its verdict.

The fact that Williams
has been scared out of his wits
since then

doesn't add up to prejudice
in my book.

Oh, be reasonable, Judge.

This is an unusual situation
for all of us.

Every cent I own
is tied up in this town,
and I have four children.

I don't want them caught up
in something like this.

Nor do I.

But, gentlemen,
only if our laws are respected

can our families and our town
be safe.

If we don't enforce the laws,
there'll be no town!

Only a jungle, where animals
like the Carhews run wild.

Then you're going
to hang Billy Carhew

and the devil with us,
the town, and our children.

Sentence will be passed
10:00 Monday morning.

Now if you'd be good enough
to unlock the door.

Burt's at the doc's.
I come to get ya.

What happened?

The Carhews--
they beat him up bad.

He was a fool
to try it alone.

Everybody's gotta learn
for himself.

How'd the meeting go?

Well, I've been thinkin'
of something for a long time.

They made up my mind.

They made up your mind?

After this case is over,
I'm resigning from the bench.

I don't like to hear that.

Would you figure
to go out to Shiloh
and ranch?

Well, there are too many things
I've been putting off.

I wanna build up that ranch.
I want a real home for Betsy.

I'm gonna get married.

You really mean that,
don't you?
Uh-huh.

Hold on, Henry.

As far as you're quittin'
as judge is concerned,

I reckon you got good reason,

but before you get all set up
on gettin' married,

there's something
I gotta tell you.

It ain't easy.

It's about Alice and Burt.

They've been seein' each other
behind your back.

Joe.

What would make you
say a thing like that?

I seen them.

Now don't think
I'm sayin' this

to get back at Burt
for takin' my job.

I know you better than that.

No mistake, Judge.
I faced Burt with it.
He admitted it.

Laughed about it.

I'm sorry, Henry.

Now I won't go over with you
to see Burt.

I better get back to the jail
and look after my prisoner.

Henry! Henry!

Thought you were going home.

But I came back.
I have to talk to you today.

What's wrong, Henry?

I don't know,
could be a great deal.

Do you love him?

I wanted to tell you
before anybody else did,

but I couldn't.

You better come inside.
He's hurt.

How bad is he?

Oh, nothing broken.
He was lucky.

Bad bruises and cuts.

What happened?

The Carhews jumped me.
Three of them.

Shouldn't have tried it
alone.

Is he in shape
to do his job?

Oh, sure.

He'll have some
aches and pains,
but he's all right.

You better
get hold of Denton

and deputize some more men
before you go back out there.

I'll go with you.

Broke a piece off my tooth
feels like.

Yeah.

You know there are
five of them in town now.

You can use all the men
you can get.

I want all the Carhews in jail
before Monday morning.

Don't go orderin' me around,
Judge.

That's exactly what I'm doing!

You don't have too much time
to waste.

Well, I'll take as much time
as I figure I need.

Matter of fact,
as far as the Carhews
are concerned,

I've had my fill of them.

Had your fill?

I'm not takin'
those boys on again.

Just what kind of a law officer
are you, anyway?

Judge,
I'll be honest with you.

When I first ran for sheriff,
this seemed like a nice
peaceable town.

All a sheriff had to do
was lock up the drunks
on Saturday night

and turn them loose
in the morning.

Seemed like a good way
to make a living.

Now if I'd wanted more
than that,

there's plenty of towns
like Tombstone and Leadville

where the sheriffs
make more money,

but they don't live as long.

Me--I live being alive.

But, Burt,
somebody's got to arrest
those men.

Well, then let somebody
arrest them.

Not Burt Adams.

You know, Judge...

seein' this badge is enough
to tame down most people,

but the Carhews
act like they don't
even know what it means.

Well, I'm not going to get
killed tryin' to teach them.

Judge, the way I look at it,

the Carhews
are this town's problem,
not mine.

Now why should I
get killed because the Carhews
hate this town?

I didn't make them hate it.

So I think you
better get yourself
somebody else.

You may be a spineless
two-bit Lothario,

but you're still sheriff
of this town,

and I'll see that you
act like it!

Stop it!

You told him?

Somebody else told him.
Denton?

No hard feelings, Judge.

Now don't feel bad
about it, honey.

It's nobody's fault.

The best thing for both of us
is to get out of this town.

You go home, tell your dad,
pack your things,

and we'll catch
that midnight train
to Cheyenne.

Come in, Henry.

Well, it seems
our popular young sheriff
doesn't like his job.

Left us behind in his retreat.

I won't blame ya
if you turn it down.

I won't turn it down.

Little piece of tin
worth maybe four bits

means more to me
than anything in my whole life.

You know, when they
turned me out of office

and I had to give this badge
to another man, I...

I know what you mean.

Well, I'm in business now.
How do you wanna work it?

I want to jail the Carhews.

All of them?

All of them.

Where do you keep
your deputy badges?

How many do you need?

Six ought to do.

Thanks.

Now look, Henry,

you ain't gonna
be doin' anything

without lettin' me in on it.

I may not be so fast anymore,

but I'm just as sure
as I always was.

I wouldn't think
of keepin' you out of it.

I'll get enough men
to back us up
and bring them here.

You get ready
to swear them in.

You wanna swear me in
as a deputy?

That's exactly
what I want.

Well, I'm no coward, Judge.
You know that.

But I'm a logical man,
and I ask myself--

what good will it do
to put them in jail?

If you don't know the answer
to that question--

I know the answer
to that question.

It keeps them from interfering
when you pass judgment.

But take it
a little further, Judge.

What happens when they
get out of jail?

Look, I need your help.

Now do I get it or not?

Well, I'd really like
to accommodate you, Judge.

I'm not asking you
to accommodate me.

I can go with you
if there's any way

you can guarantee
that's the end of it.

All we can do is try.
There are no guarantees.

That's all those Carhews need--

to see me out there
with the rest of you.

My hotel's too vulnerable.
That's the long and short of it.

Then your answer is no.

You'll have to excuse me,
Judge.

I left Ferris on the desk,
and you know how he is.

Harlowe!

Now don't ask me, Judge.

I don't wanna have
to turn you down.

You know what they'll do
if they're allowed to get away
with this bluff.

Well, they just wanna
get Billy out of jail,
that's all,

and once they do,
I figure that'll be
the end of it.

You're as blind as the rest.

I'm willin' to face up
to anyone in a fair fight,
and you know that,

but them Carhews
are back shooters.

Sure, we could arrest them all
and throw them in jail,

but they'll be
gettin' out one day.

That's what everybody's sayin'.
You can't jail them forever.

Yeah, that's what
everybody's sayin'.

I got troubles enough
ridin' night herd

without expectin'
a shot in the back any time.

That's just what I'd get.

Judge, you can't blame
the town in this.

They're all good folks.

Just some things
you can't ask people to do.

Then God help you, Harlowe.

God help this town.

But I don't wanna go!

I thought you liked staying
with Mrs. McCleary's sister.

And you know, I hear they
have a new colt on the farm
just waiting to meet you.

But I don't wanna meet him.
Let me stay with you, Daddy.

Come on, dear.

Please, Daddy.

Now I'm gonna make you
a promise, honey.

You know what a promise is?

Of course.

Well, I promise you
this is the last time
I'm ever gonna send you away.

Oh, we'll build
a great big house at Shiloh.

You'll have a pony
all your own.

And I'll
never leave you again.

Cross your heart?

Cross my heart.

I do thank you
for what you're doing,
Mrs. McCleary.

I'm glad to help
in any way I can.
You know that.

Well, I'd like you
to keep her at your sister's
until I can come after her.

Oh, that'll be Tuesday late
or Wednesday morning.

Don't you worry about her.
I'll take good care of her.

And God bless you, Judge.

Thank you.
Bye, honey.

Good-bye, Daddy,
and remember
what you promised.

Oh, I won't forget.

Giddup.

Morning there, Judge.

Morning.

I see you're sending Betsy
out of town.

Makes good sense to take
every precaution and all,

but I don't think
it'll be necessary.

Oh, and how did you
arrive at that conclusion,
Mr. Mercer?

The town council
held another meeting
last night.

They asked me
to give you these.

There's one missing.

Roscoe Overmeir--
he's out of town,

but I believe
he'll be of the same opinion.

Affidavits.

Yes.

From 11 members of the jury,

admitting prejudice
against Billy Carhew.

Now that you have proof,

well, we can't see any reason

why you shouldn't set
that verdict aside.

You can't see any reason?

What about threatening jurors
till they're scared witless?

That reason enough for you?

I've got work to do
at the courthouse.

Now, Judge, the whole town
likes you and respects you,

but we feel we're right
about this.

If you go against us,

we intend to circulate
a recall petition

to have you
removed from office.

For your information,
Mr. Mercer,

a judge isn't elected
to reflect

the whimsical opinions
of the people who voted
for him.

I was elected
to interpret the law,

and that's exactly
what I intend to do!

If you wanna recall me,
you better get started,

but I tell you nothing--
absolutely nothing's

gonna stop me
from convening court
in the morning.

We'll put you out of office.
We mean that, Judge.

Go right ahead...

but you can't do it
before tomorrow morning,

and after that,
Mr. Mercer,

I'm resigning anyway.

Let me have a try
at that thing.

I was just on my way home
from church.

I knew I had to see you.

I had to talk to you about--

There's nothing to talk about.

Please, Henry,
I have to talk to you.

Last night,
Burt asked me to leave town
with him.

I even went down
to the depot.

I don't know why.

I knew even then
I wouldn't leave with him.

You don't have to explain
to me, Alice.

Can you understand
why it happened?

No.

I suppose it's too much
even for you to understand,

but I do now.

I thought out a lot of things
last night, Henry.

I had plenty of time,
I couldn't sleep.

A month ago...
that was when you
were in Cheyenne.

I danced with Burt
at a party.

He took me home.

He was just like a hero
in a novel.

He was handsome,
gallant, and witty.

Terribly romantic.

He made me feel
like a schoolgirl.

Well, I decided that night
I must be desperately in love
with him.

I might have understood
if you told me then.

I couldn't.

There was something
that stopped me,

and I didn't know what it was.

You see, Henry,
you and I--

our love...

well, it wasn't like
the kind of love that I
read about in books.

It was different.

It was quiet and warm
and comfortable.

I realized last night

that I'd been raised
like every other girl

and thought the way
I was taught to think.

I had learned to look
for certain qualities
in the man I'd marry.

He would be dashing
and charming and romantic,

and he'd sweep me
off my feet.

Then I...
I learned that all of that
was meaningless.

Burt showed me that.

Oh, he--
he was all those things.

I made the mistake
of thinking I was in love
with him.

I didn't even seem him
as he really was
until yesterday...

when I saw
he wasn't even a man.

Then I knew...
why I had not been able
to tell you.

Because I love you
as I can never love
another man.

Our love
is not like the love

that you read
in a cheap novel.

It is quiet, comfortable,

but it's true and very deep.

I...
I just wanted you
to understand,

and I don't expect you
to forgive me.

You know, Henry,
it could have worked out
very well for both of us.

I mean, I have
all the qualifications
for a perfect wife for you.

I come from a good family,
and I'm of sound mind and body.

I know how to make
social conversation with people
to make them feel important.

Well, I can even serve
a formal dinner for 12

with no more effort than it
takes most wives to serve
breakfast to their husbands.

And most important of all...

I love you, Henry.

Alice.

Please, Henry,
I understand.

I'm going to leave town tonight.

We have relatives in Denver
who have asked me to visit them
for a while.

Take care of yourself, darling.

Joe?

Afternoon, Henry.

Everything quiet?

So far.

Joe, I want you to get
a bunk in here for me.

I'll be spending the night.

Sure. Sure, yes, Henry,
I'll take care of it.

I saw his honor come in.

Yeah, over there.
Judge.

Thank you.

Good afternoon, sir.

Afternoon.

First of all,
I'd like to apologize to you.

What for?

Well, this is the first time
I've handled a case like this.

I just passed my bar exams
before I came out here, and I--

Well, what I'm trying
to say

is that when I
advised those men,

I had no idea that things
would get out of hand this way.

Well, if you hadn't
given them that way out,

they'd have found
something else.

I've been giving it
a good deal of thought,
your honor,

and I think I've come up
with a simple solution,

one that would satisfy
both the Carhews
and the town,

and you wouldn't
be compromised by it.

Oh?

Thank you.

All right, you don't
wanna set aside the verdict,

but you could use
the same evidence of prejudice
to declare a mistrial.

That would
automatically require
a change of venue.

The case could be retried
in Cheyenne perhaps,

which is too big a town
for this sort of thing
to happen.

and where there'd be
no question of prejudice
in a trial.

I don't know what you
think the law is, Smith,

but it's not a game
where you can get what you want

simply by finding enough
legal justification.

I can't declare a mistrial
unless there's been a mistrial!

Just a minute, your honor.

This town faces a big problem.

I came to you
with what I thought
might be a solution.

There are five armed
and vicious men camped
behind the courthouse.

I don't call giving in
to that kind of terrorism
a solution.

All right, your honor,
maybe it's not,

but it is something
for you to consider,

and I'm officially
putting this petition
before you.

You'll have my decision
tomorrow morning in court.

Good day, sir.

Look what I got here.

Where'd you get that pig,
Wilkie?

Oh, a man give it to me.

Go on, ain't nobody
around here gonna give you
a pig.

Son, you don't seem to know
what powerful respect

people got around here
for the name Lennie Carhew.

Me?

They got respect for me?

Sure thing, boy.

See, I was passin' by
the butcher shop this evenin',

and the butcher
just got himself in
a wagonload of pigs,

and I stopped and says,

"I sure do like
the looks of that pig,"

and he says, "Say, you ain't
Lennie Carhew's uncle are ya?"

And I said, "I sure am,"

and he said,
"Well, take that pig

'cause I sure don't wanna tangle
with Lennie Carhew."

Now that was a smart man.

Hey, how come
Billy ain't with you?

I thought you
was gonna get him out.

I came to tell you
that I presented Judge Garth

with a petition asking him
to declare a mistrial.

He won't make a formal ruling
on it until tomorrow morning
in court.

What's that mean?

He means the judge
ain't gonna let Billy go
until mornin'.

That's right, ain't it?

No, it means we won't know
what Judge Garth is gonna do

until he announces
his decision in court.

You said you was gonna get him
out of there.

Jake. Jake Carhew.

It's Clyde Carey, Jake.
I'm alone.

I'd like to talk to you.

All right.
Come on on in here
where we can see ya.

Evening, Mr. Smith.

Drink?

No. No, thanks.

What's on your mind?

Well, I just want to let you
know that, well,

we agree with you that Billy
didn't get a fair trial.

We've asked the judge
to set aside the verdict.

We've--we've even threatened
to recall the judge,

but, of course,
we can't do that
by tomorrow morning,

so we just thought
you ought to know

that we've done
everything we can.

Of course,
you've gotta realize

that we can't control what
the judge says or thinks.

I mean,
in this case, well...

Ugh!

Show him your knife.

Wait a minute,
leave him alone!

Let me tell you somethin',
Carey.

I'm right happy
to hear all you done,
but understand me--

it better work.
You hear?

Yes.

And don't go tellin' me
you can't control a judge!

Because you better.
Understand?

Billy ain't hangin'.

You and the rest of this town
better see to it.

When you came to me
and told me

how the hole county
felt about your family,

I thought you had
a legal case,

but this sort of thing--

you can't free your brother
by terrorizing the town.

Boy, you're as green
as they come, ain't ya?

The judge and this town
have done been flattened.

Now he may try
to make a big show

because he
don't wanna look bad,

but this town's runnin' scared.

He does anything to Billy,
people around here

are gonna give him
a coat of feathers

and ride him right out
on a rail, lawyer.

You get on thing straight,
Mr. Carhew--

I'll use every legal means
to help your brother, but--

But what?!

I'm tellin' you, lawyer--

you're gonna come out
of that courtroom with Billy
in the mornin'

or you better be runnin'
when you hit that door.

Now you go get your sleep.

You know, Judge,
I've been thinkin'

it might do no harm
if you got over to court
a little early.

So you can take the prisoner
over by yourself, is that it?

Now don't get stubborn
with me, Henry.

You know as well as I do

it don't make
one whit of difference

whether one man or two men
take the prisoner over,

not if they're gonna take him.

Joe, you're a brave man.

No, not brave, it's just that
I've done this so many times.

Ain't you sense enough
to get scared?

Well, yes.

Yes, what?

Yes, I'm scared,
and, yes, I'm going with you.

Well, maybe the easiest way
would be to just let Billy go.

You ain't gonna make
any friends in this town
hangin' him.

You too, Joe?
You think I should give in
gracefully?

Anybody that had sense enough
to know when to back away.

Everybody in this town
wants you to.

Joe, what would you do
in my place?

Oh, me, I'm just an old man.
I got nothin' to lose.

Decisions are too easy
for people with nothin'
to lose,

but if I was a bettin' man,
I'd lay pretty good odds

we'll never get him
over to that courthouse
without a fight.

This is sure one jail
I'm sure not gonna be sorry
to say good-bye to.

Oh, come on.

I ought to go with you
as far as the courthouse door.

No, Piney, what you're doing
is more important.

Yes, sir.
I'll have everything ready.

Cover me, Joe.

We got your horse
all saddled, Billy Boy.
You ready to ride?

All ready, Jake.

I intend to take this prisoner
into the courthouse.

I warn you--
don't make the slightest move
to stop us.

Don't try nothin', Jake,
he'll pull that trigger.

Get out of my way.

Do like he says, Jake.

Hold it.

No guns inside the courtroom.

You wanna come inside
and hear the decision,
leave them out here.

Now look, you ain't
in no position--
Sure thing, Judge.

We wanna do everything
accordin' to law.

You put them down now, boys.

Everybody get up!

The 15th district court,
territory of Wyoming,

township of Medicine Bow
is now in session.

The Honorable Henry Garth
presiding.

Sit down.

Early last week,
a jury of 12 men

returned a verdict of guilty

in the case of the people
against William Homer Carhew.

Today, it is the court's duty
to pass sentence.

Ordinarily in a case like this,

sentencing would be simple
and obvious,

but a grave question
has been raised...

which must be considered.

The court has before it
a petition

asking that a mistrial
be declared

on the grounds of prejudice.

Now before the court rules
on this,

there's something I...
I wanna say.

The attorney representing
the defendant

was perfectly within his rights
to make this petition,

under the provisions of the law
designed to protect the rights

of an individual
unjustly convicted of a crime,

and it would seem
that the people

who have made it clear
that they support this petition

were within their rights...

But there is no justice

when a particularly cold-blooded
and vicious murderer

is allowed to go unpunished

simply because the citizens
are intimidated by threats

and frightened to death.

William Carhew
was tried in this court

not for the kind of man he is,

but on the specific charge
of murder.

I refuse to believe

that 12 honorable men
perjured themselves

when they swore
to render a verdict

based solely on the evidence
placed before them.

The petition to set aside
the verdict is denied.

The prisoner will rise
and face the bench.

William Homer Carhew,

you have been tried
according to the law,

found guilt of murder
in the first degree.

It is the sentence
of this court

that you shall be taken
to the appointed place
of execution.

There you shall be hanged
by the neck until dead.

Because of
the unusual circumstances

surrounding this matter,

the sentence will be carried out
immediately.

May God have mercy on your soul.

Stay there!

Jake, you ain't
gonna let them hang me!

Jake, help me!
Jake! Jake, help me!

Doctor.

He's dead.

Take the prisoner out.

Stay in your seats! This court
hasn't been adjourned!

"I am the resurrection
and the life," said the Lord,

"and who so ever believith
on me..."

Oh Lord, incline thine eyes
to this most unworthy sinner

who faced by
thy most righteous judgment

and aware of
his contrite spirit,

grant him thy mercy

in the name of Jesus Christ
Our Lord

who came to bring thy mercy
to all mankind.

Amen.

The sentence
has been carried out,
your honor.

Court is adjourned.

Don't go near those guns.

Judge.

You were right.

Maybe one of these days
there'll be no need for these.

Stick around.
This country's gonna need you.

And the Carhews
never came back?

No, they never came back.

Well, if you ran
against Oliver Smith,

you could beat him,
couldn't you?

Hmm, I don't know.
I'm not so sure.

Ten years can make
quite a difference

in a country and in a man,

and in Smith's case,
I think all of those changes
have been to the good.

I think he'd do a fine job
as a judge.

Is that your verdict?

That's my verdict.

Disappointed?

No, I like having you around.

And how would the foremost
retired judge in this state

like a cup of hot chocolate
before he goes to bed?

Well, just off hand now...

he'd like it fine.