Original subtitles

( tense theme playing )

( hoof beats approaching )

( mellow theme playing )

A few more guns just rode in.

You sure?

I never saw them before.

( soft theme playing )

With the one that checked in the hotel last night,

that makes four.

And that drifter in the saloon may be five.

Of course, we could be wrong about all of them.

You know, it's strange their arriving here.

Just about the time the judge is due in.

No, you stay here.

Thanks, Ellie.

Three.

Well, you in?

I'm out.

All right. I'm in.

Cards. Three.

( speaking indistinctly)

One, two, three. One.

Sheriff... Uh, later, Ellie.

I-Is the judge here?

No, not yet.

More coffee, Mr. Martin?

Just made it nice and fresh.

Oh, thanks, Molly.

Oh, afternoon, sheriff. Hi, Martin.

Care for a cup of coffee? No, thanks. Hi, Molly.

How are you, sheriff? Big Tom around?

Well, yes, as a matter of fact he is,

but he don't want nobody disturbing him.

Oh, but wait, sheriff, you can't go in there.

I gave orders I was to be left alone!

I'm sorry, sir, but he--

I don't take orders too good!

Close that door and get out of here!

Yes, sir. Can't you see

we're talking private?

You the lawyer from Kansas City?

Yes, sir. I'm Rand McDonald.

Don't do that! He's the one who arrested Pete.

There was a killing. It was his duty.

How are you, sheriff?

It was a shootout,

fair and square. That's no killing!

Not in any sense of the word.

How many other people have you imported into this town

in the last few hours?

Other people?

A gun slinger checked in here last night.

He hasn't been out of his room since.

Three more just rode in.

Damn you, sheriff!

If three gunmen just rode in here,

don't come pointing your righteous finger at me!

Get rid of them!

I don't want them here any more than you do.

RAND: Sheriff,

maybe they were malcontents from some other town.

I'll find out.

It's a pity you didn't do that

before you come around bothering me.

What time is the judge due in?

Any hour now.

Well, you're gonna see a lot more of him.

Besides sheriff, he's the prosecutor here.

On Sundays he holds church services

in the courthouse.

Why that man tries to be everything.

I thought you were everything, Big Tom.

I am.

And he's gonna find that out. I promise you.

He's gonna find that out.

Take all my money and run out on me.

Oh, heh, no. I'll be back.

See, it's almost supper time. Pete's gotta eat good.

Remember,

Pete's my good friend no matter what he does.

Okay, Tiny. Thank you.

See you again. See you later.

( tender theme playing )

Buy you boys a drink?

We got our own bottle, mister.

Where you boys from? Hand me the bottle.

I said where are you from?

What difference does it make?

We got a law here.

Any stranger in town has to

either identify himself or get out.

Name's Johnson. These are my brothers.

There was a fourth Johnson,

only he got himself hung. Shut up!

Now wait a minute. He wants to know,

I'm gonna tell him.

Sheriff, we ain't done nothing and we ain't going nowhere.

You're leaving town.

I said you're leaving town!

( dramatic theme playing )

Maybe you want to try to kill me.

Maybe we do and maybe we don't.

( gunfire )

( man grunts )

( mellow theme playing )

Now get out.

He's dead.

He's dead! No!

Let's get him out of here.

Hold it! Leave him alone!

ED: Lee, get a towel.

Sit down, Ed.

Are you all right, Mr. Tanner? Yes, I'm fine.

Ellie, get the doctor.

What happened? Nothing! Nothing happened.

Could you use a shot, sheriff? Thanks, Ben.

You should have called me.

( mellow theme playing )

Are you Judge Rogers? That's right.

I'm Ellen Irish. People call me Ellie.

Heh. What can I do for you, Ellie?

Judge, it's very important that I have a talk with you.

What about? Well, it's kind of personal.

Right now I have to go for the doctor.

The sheriff's been wounded.

Where is he? In the saloon.

Can I see you later?

Hello, judge. Fellas, how are you?

What happened, Ed? Oh, hello, Judge.

Sit down, have a drink.

I just killed a man.

He took on all three of them.

I suppose they were looking for you.

Why didn't you wait for me?

A judge shouldn't have to defend himself

against men like that.

It seems like it's happening

more and more often nowadays,

just about every town I go to.

A judge is the law

and the law ought to mean something to everybody.

It will in time.

Well, this trip will be the showdown.

I've arrested Pete Stone for murder.

Pete Stone?

Shootout.

I go by the law and arrest a man

even though his father's the biggest power in the state.

Well, you did what you had to do. I'm sure of that.

Yeah.

I've become about the most unpopular man in Kansas.

I've had Pete in the pokey for over a month now,

against all the pressure Big Tom could bring,

but there's something I should have remembered,

even though it has nothing to do with Big Tom.

What's that?

Pete's a good friend of yours.

You're afraid I'll turn him lose, is that it?

We're all human.

Well, if he was proven innocent I'd have no choice.

If you turn him lose,

gun fights will be in season again.

What'll happen to law and order then?

What will the battle have been about?

Hi, Tim.

( tense theme playing )

Now what do you want?

Well, I'm here for the same reason

you Johnson boys are.

What's that?

Well, like I said, I'm here to kill the judge

just like you.

A little promise I made to my partner

before he strung him up.

We don't need you.

Well, you might.

For your information he used to be the fastest gun alive.

Judge?

When was this?

Wait. Maybe 10 years ago.

I can take him.

Heh. Well, I doubt it.

I don't care what you think, I can take him!

We can take him.

Let's go bury Ned, come back later tonight.

Let's go.

I'll be here.

( tender theme playing )

Did you put the horses away for me, Tim,

and bring those law books in?

Yes, sir. I'll stabled them and collect your gear.

( suspenseful theme playing )

Martin, how are you?

Hello, judge. Good to have you back again.

I wish I could say it was good to be back.

Could you have a bath tub sent up to the room?

MARTIN: Yes, sir.

And some buckets of water, please.

Yes, sir, the usual. I saw you coming into town.

Water's getting hot right now.

Clem, how are you boy?

I haven't seen you for years.

You used to come out to the ranch when you came to town.

Sorry about Pete.

I wanna discuss that with you.

I'm afraid it'll have to wait. I can't discuss it now.

Clem, it was just a plain ordinary gun fight.

You know the law.

But a shootout, that's legal, the unwritten law.

Clem, there were circumstances.

My son was defending himself.

I hope so.

You say you hope so.

I say you've made up your mind about Pete

before the trial even starts.

If Pete was defending himself, then why are you so worried?

A judge who's trying to make a name for himself,

if a man can condemn his own friend to hang,

then people would talk about it, wouldn't they?

That what you think of me?

You and Pete used to be friends.

But you're not the same anymore.

I wonder if any of us is the same anymore, Mr. Stone.

Gun fighting comes in with this territory.

Your own father was killed in a shootout!

I'm sorry you reminded me of that.

Well, it's no disgrace.

Except that he didn't have a chance.

And if you could have found Joe Rile,

you would have killed him.

But I didn't find him.

Three years you looked for Joe Rile,

a wild kid with a gun in your hand

and blood in your eyes.

I'm still as mad as I ever was

if that's what you're trying to find out.

What makes you so special?

Anybody else gets in a gunfight

they're a candidate for the gallows, but not you!

Come in here. I wanna talk to you.

Got the tub all set up for you, judge.

Good. Be back with more water

in a jiffy.

( door closes )

That's out.

I'm not that kind of a lawyer.

How long since you've lost a case?

I've never lost a case.

I'll win this one too if you stay out of it,

without bribing the jury.

What makes you so holy, Mr. McDonald?

I told you to stay in your room.

I don't like the tone of your voice, Mr. Stone.

Who's this?

The defense attorney.

Heh, first time that there was going to be one.

You go on back to your room.

I'll be up there in a few minutes!

That's what you said when I checked in last night.

I'm still waiting.

Well, I've been busy, can't you see that?

Any time, Mr. Stone.

Any time you get around to it.

Who was that?

I asked you who that was. I demand to know.

What right have you got to demand anything?

You just run the trial.

What I do outside of the courtroom

is my own business.

Either you tell me who it is,

or I'm on the first stagecoach out of here.

All right. He's a paid gunman.

The fastest and most accurate draw that money can buy.

What's his name?

Joe Rile, the man who killed that judge's father.

Hi, Ellie.

Hello, Mr. Martin.

Is the judge in? Yes, he is.

What's his room number?

Why?

I have a message from the sheriff.

Oh, 214.

Ellie, Ellie, wait a minute!

Ellie! The judge is... The...

The judge is, ah...

( knocking on door )

Come in, the door's open.

Oh, excuse me.

Would you mind telling me what you're doing in here?

I have a message from the sheriff.

Uh, Doc Samuels is making him rest up till after dinner

and he'll see you then.

Why'd he send you?

Well, the deputy was watching the office

and anyway I wanted to talk to you.

This was a good excuse.

I'll be downstairs having dinner in an hour.

That's a much better place to talk.

Well, thank you, judge. Thank you very much.

Ellie, have I seen you anywhere before this afternoon?

No, I don't think so.

Funny. I thought I had.

I'll see you downstairs.

( whistling ) ( knocking on door )

Hi, doc. Tim.

What are you doing here? I came over to see

if everything was all right.

Well, sure, everything's all right.

Now you don't have to get so uppity, son.

I'm keeping Sheriff Tanner over at my place for a day or two,

and he told me to look in on you.

What's the matter?

Doesn't the sheriff trust me?

Doesn't he even think I can hold down a jail?

Makes me feel like I can't even do anything.

Tim, he just feels you're a might inexperienced,

that's all.

Yeah, I know what he thinks.

Take care of yourself, boy.

Well, you living here now?

Temporarily.

Or do you just have friends on this floor?

I might. Pete wants to see you.

Before the trial? Why not?

Prosecution could claim bias.

Ed Tanner's the prosecutor, he's your friend.

In a courtroom Ed Tanner doesn't have any friends.

Does the same go for you too in a courtroom?

I'll talk to Ed and see if he has any objections.

DAVIS: Evening, Judge.

Mr. Davis.

Judge.

Evening, Ellie.

Martin.

Yes, sir? The man in 215,

have you seen him?

No, I haven't.

Good evening, judge. What'll it be tonight?

How about the roast beef? It's pretty good.

That'll be fine. Ellie?

Oh, yes, that's fine.

Doesn't it bother you, being seen with a saloon girl?

Heh. Not a bit.

Well, what I wanna talk to you about is--

Not right now, Ellie. We'll talk about it later.

You have a real gentle way of talking.

Heh, sometimes.

( chuckles )

I used to know a man once, talked the very same way.

Of course, that was a long time ago.

Who was he? My husband.

I see. And where is he now?

Dead. Shot in a gun fight.

I'm sorry. Hmm.

Do you remember earlier when I said that

I thought I'd seen you somewhere before?

Yes.

Actually it was, heh,

it was just something in the way you look.

I used to fancy myself quite handy with a gun.

I went around from town to town.

You? Yes.

Then I got to noticing the widows of the men

who'd been killed in shootouts.

You'd be surprised how many of them there are. Well...

Then I noticed what happened to them afterwards.

I know.

The saloons got most of the pretty ones.

The others, well, they either died or just drifted away.

Their kids were left behind to grow up begging in the streets.

That's why I became a judge.

Now, what about Pete?

I didn't say anything about Pete.

You didn't have to.

When anyone wants to talk to me,

it's almost always about a man facing trial.

You his girl?

He plans to marry me.

You in love with him?

I... I don't know.

I'd have a home again, security.

It's hard to be in love with a man like Pete.

He has eyes for every pretty girl.

( footsteps approaching )

Here we are. Two roast beef.

Coffee, later, Your Honor? That'll be fine.

( tender theme playing )

( chuckles )

She's doing just fine.

He's right out in front of the whole town.

Mr. McDonald, my father's got his angles

in how to get me out of here. You're one of them.

He's got others. But I've got my own angle.

Mr. Stone, the only thing

that's going to influence the judge

are the facts.

You just heard them.

Look, this town is full

of a lot straight-laced prudes and snobs.

The hint of a scandal practically sends them

into a righteous fit. They're fanatics.

Those are the kind of people

I want you to get on that jury.

You mean to tell me just because the judge

is having dinner with that lady,

they, uh, consider it a scandal?

Supposing she were to see him later,

under, uh, more interesting circumstances.

It'd be all over town before morning.

If you arrange anything like that,

get yourself another attorney.

Tell me, wouldn't that influence that kind of a jury

to be against a judge at the trial?

Tell me, wouldn't it?

Answer my question!

Get your hands off of me!

Look, you're for the defense.

If you get me off, it'll be the biggest thing

that's happened in a courtroom

west of the Mississippi in years.

And if you don't, he's beaten you!

Deputy!

And he'll keep on beating you

until there's nobody left for you to defend.

Hey, where do you think you're going?

Hi, Pete! I brought you supper!

PETE: Thanks, Tiny.

I'll take it. Get out of here.

Night, Pete.

PETE: Night.

Suppose Pete can see us from over there?

Oh, I suppose he could if he tried.

Was it his idea for you to sit here by the window?

( laughs softly )

Not much gets by you, judge.

Well, I have to be going now.

But you haven't eaten any of your food.

They're expecting me over at the saloon.

All right.

Perhaps I'll see you the next time I'm in Stone Junction.

That'll be a long while, won't it?

A couple of months maybe.

Bye, judge.

Bye, Ellen.

( lively piano music playing )

( people chattering indistinctly )

MAN: Leave her alone!

What's the matter with you?

Nothing.

Did the judge say something to you,

do something to upset you?

No. I guess I'm just not used to being treated like a lady.

Well, I guess I'd better get ready for my number.

Going someplace, judge?

A little pilgrimage.

One I make each time I'm here in Stone Junction.

Pilgrimage? Yeah.

My father's grave.

ELLIE (singing): *If you love me *

*Do not hasten To bid me adieu *

*But remember The Red River Valley *

*And the girl *

*That has loved you so true *

( people cheering )

WOMAN: Over here.

( chattering indistinctly )

How about it?

I know what Pete wants me to do.

You went along with it, didn't you?

I'm not going through with it.

Oh, you wanna spoil his chances at the trial.

You want him to get hung.

Look, you're forgetting that Pete's my friend.

Whatever he told you to do, you do.

I'm not going through with it.

( grunts )

We'll go back to the hotel, where we can talk about it.

( tense theme playing )

Oh, I'm sorry if I hurt you, but you remember what Pete said.

It might be quite a spell before the judge shows up.

So I'm going out there to watch for him.

Now remember, I'll be right out there.

Don't you ever knock?

Where you been?

Just looking around. I saw the judge.

Could have killed him real easy.

That's what I want to talk to you about.

I don't want him killed until after the trial.

Well, what's the point if it's after the trial?

Well, if he's killed before the trial, what happens?

They'd hold Pete until they could get a new judge.

In the whole town a new judge

and everybody else would be so work up over Clem's murder,

my son would hang for sure.

Uh-huh. I guess so.

I didn't bring you here to keep Pete from being tried.

I got other things in mind along that line.

Things you got nothing to do with.

A few surprises.

What if Pete's found guilty?

Surprises or whatever, and they hang him.

Then what happens to my job?

Well, you still got it.

Whether he's found guilty or innocent?

Either way.

What if Clem does him a favor?

You know, goes out of his way to let him off.

I said either way.

What's your regular fee, Mr. Rile?

A thousand dollars.

Well, I'm paying you 10 times that much.

Before you get carried away with yourself,

you're paying it because there's nobody else on earth

that Clem Rogers hates as much as he hates me.

Nobody else could get him to go for his gun.

It has to be a shootout.

That's the only way I'd do it.

That'll be the end of the judge and his crusade.

It won't matter to him. Because he'll be dead.

I wouldn't be too sure about that.

He might outdraw me.

It doesn't matter to me who draws the fastest

or which one of you dies.

It'll be a gunfight.

He'll be dead, or he'll be alive.

Breaking his own law against shootouts.

And that'll be the end of the law.

He'll be laughed off the books. That's all that's important.

Mm-hm. That's all that's important.

To get back to the days when the only law

was the law of the fast gun.

You know, for a while there

I thought you'd hired me because your son was in trouble.

But that isn't true, is it?

The law of the gun, that's the only trouble you want cured.

At any expense. Money, human life.

Why, even your own son.

What kind of talk is that?

You've always lived by the gun.

I wish I'd never seen one.

If you renege you won't get a penny from me.

Oh, I won't renege Mr. Stone.

Because that 10,000 dollars is buying me

right out of the gun-fighting profession.

It'll buy me a ranch I want,

and give me enough to marry a woman I know.

I've waited a long time

for that kind of a stake, Mr. Stone.

So I won't back out.

But I'll tell you one thing, the price is cheap.

It's dirt cheap

for what you're asking me to do, heh.

Now get the hell out of my room.

( tense theme playing )

( door opens )

( door closes )

( footsteps approaching )

JAKE: Where's my brother?

Where you been?

I've been out looking for the judge.

Yeah, you've been looking in the wrong place.

He left the hotel about a half an hour ago.

He'll be back.

You get on that horse and ride down the street

and stay there until we call for you.

And if that judge--

You ain't telling me what to do.

Shut up and get on that horse.

Now you just wait one minute.

Get on that horse.

Jake. Be careful.

( mellow theme playing )

Mr. Martin, is the judge in?

No. He said he was going up to the cemetery.

Why? Something the matter?

Uh, no, nothing. It's all right.

Well, good evening, deputy.

You and your brother were told to get out of town.

I was just leaving. And my brother just left.

Let me have that gun.

Oh kid, you're making a mistake. ( gun cocks )

My finger's real loose

on this trigger, Mr. Johnson.

You wanna ask questions?

You don't want my gun, do you, deputy?

Well, there's the judge.

( dramatic theme playing )

( gunshot )

( gunfire )

( hoof beats approaching )

( horse whinnies )

( both grunting )

I'll kill you! I'll kill ya!

Ah!

( gun clicks )

Judge!

( both grunting )

( groans )

( breathing heavily )

( gunshot )

Just protecting my investment.

All I did was yell at him.

That's all I ever did, just yell at him.

He never should have...

He shouldn't have been here.

I think that'll do it, judge.

Thank you, doc.

I'll stay with him, you go on home.

Fine.

( door closes )

Come on, Ed.

You're used to seeing people get killed, Clem. I'm not.

Never will be.

I can't get used to living with the fact

that Tim is dead.

His life smashed out doing my job.

CLEM: Hey, Ed.

All I ever did was yell at him.

It's Tim and people like him

that we're fighting for.

Law, order.

Those old used up words.

Well, we're gonna write them all over again.

I wonder.

I-I-I wonder

what I've been so diligent about, sanctimonious.

I... I don't even know whether I can

preach a sermon on Sundays anymore.

Live the good life.

Tim lived the good life.

Something even more important than that.

He was willing to die for it and he did.

You know, Clem, I think you're gonna make

a believer out of me yet.

Course you'll never make a believer out of Big Tom.

Nobody will. He's...

I think he's got a fancy gun slinger

holed up in that hotel over there right now.

He asked me if I'd have a talk with Pete.

Oh, well, are you going to?

With your permission.

I wondered if you were gonna show up.

Why wouldn't I?

It took guts.

I suppose.

You've come a long way

since we used to hell around together.

So have I. I've come a long way.

Here I am in a cage.

I was awful sorry to hear about it.

If there's anything I can do or...

Heh, anything you can do?

Legally, I mean. Oh, legally.

I've got a job to do, I hope you understand that.

Yeah, that's right, you're the law.

And if you let the law down, you let the people down.

And you swore to uphold the law.

That's right.

See you in court, judge.

( tense theme playing )

( door closes and lock clicks )

That didn't take long.

There wasn't much to say.

Yeah, I know how you feel.

Which comes first, your friend or...

When it's a friend it's almost like it's happening to yourself.

Set him free.

I wonder if I would set myself free if I was wrong.

Don't you know?

I don't even pretend to know.

I'm gonna get somebody to stay here tonight.

You go home and get a night's rest.

No, no, no, I'll be all right.

You go on ahead.

See you later. All right.

What do you think Pete's chances are for tomorrow?

Excellent.

Evening, judge. Evening.

Too bad about Tim, wasn't it?

It certainly was.

Judge. Brandon McDonald.

Pleased to meet you, sir.

Pretty close call you had tonight.

Yes.

I've been hearing a lot about you.

Well, I've heard a good deal about you too, Mr. McDonald.

Never lost a case I understand.

That's right. And you, judge?

How many men indicted for gun fighting

have ever walked out of your court free?

None.

Well, I suppose this meeting was inevitable.

It had to happen.

Now you remember what I told you.

You stay here.

( chuckles )

( door closes )

What was all that shooting? What happened?

The judge is on his way up. Now you know what to do.

Well, I'm not going to do it.

( slaps )

( tense theme playing )

( Ellie grunting )

MARTIN: Good night, judge.

( Ellie crying )

Ellie. I gotta get out of here.

Judge, they'll be back. They'll come in here

and they'll catch you with me.

It's all right, sit down.

No, he's deliberately

trying to make a scandal.

The lawyer? No, Pete.

Oh, please believe me, judge. I refused to do it.

Pete asked you to do this?

That's right.

Oh, it's my fault all this happened.

It's my fault for ever knowing Pete Stone.

No, it isn't.

Open up, judge.

( knocking on door )

Oh sorry, judge. Didn't know you had company.

This here is Red.

Which one of them hit you?

This one.

All right, you go on home.

Kidnapping and beating up a woman.

You know how many years you can get in jail for that?

Why I never meant nothing about kidnapping.

She'll testify that you did.

Well, it wasn't my idea anyway.

Now you listen to me. Both of you.

If either one of you say a word about this,

you're going to stand trial in my court and I'll see to it.

So help me, judge.

Yeah, me too.

All right, get out.

Not you.

( grunts )

( tense theme playing )

( groans)

I don't have to put up with this. Even from you.

Get out.

Uh...

You should have seen him. He was real mad.

So am I, real mad.

But I'm trying to tell you something, Miss Ellie.

Say, he gave you a beating, didn't he?

That ain't what I'm trying to tell you.

Well, what are you trying to tell me?

Well, he was real mad.

You said that.

Well, he was real mad at me. Because...

Because he's in love with you.

What? Oh, you don't know

what you're talking about.

Yeah? Well, you should have seen him.

She can see you. Isn't that enough?

( scoffs )

( tender theme playing )

Who's minding the hotel?

Nothing to mind. Everybody's out on the street.

I'm not doing much business either.

( hoof beats approaching )

The town's filling up with strangers.

I wonder who they are.

Hello, Mary. Hello, Mr. Stone.

How are you, Ed? Hello, Tom.

Who are they, sheriff?

I don't know, but I'm gonna find out.

Where's the courthouse?

The trial will be held in the town meeting hall,

right over there. Oh, fine.

This is our attorney Mr. McDonald.

How do you do? How do you do?

Come with me, I'll show you.

Who are all these strangers? You seem to know them.

Ask him.

At one time or another he's seen

or heard of every one of these people.

What's he talking about? Let him tell you.

They've come from far and wide at my invitation.

I'm paying their travelling expenses,

and beyond that $200 a head

to take care of the work that they'll miss

while they're away from home.

Don't you know them, Clem?

Don't you recognize any of them?

No. Well, then I'll tell you.

Every single one of them is kinfolks of somebody

that you've sentenced to be hung.

Mothers, sisters, uncles, cousins, fathers, brothers.

Mr. Stone, I won't have such people in this town

when there's a trial going on.

Let them stay, Ed. But Clem--

Let him have his show.

It'll be your show, Clem. Conducting a trial

while the eyes of these people remind you

of all the men that you've sent to their doom,

simply because they defended themselves with a gun.

They'll sit there like markers over the graves of your victims.

And if you can endure that

and still send one more man to the gallows,

then you're not human. You're a butcher. A murderer!

( tender theme playing )

( suspenseful theme playing )

Mr. McDonald? Thank you.

( gavel bangs )

MAN: Everybody rise.

CLEM: Be seated.

People of the sovereign state of Kansas versus Peter Stone.

The charge is first degree murder.

You ready, Mr. Tanner?

I will be in one minute, Your Honor.

You sure picked a great jury.

Well, those are the kind of people you asked me to select.

But the scandal didn't happen.

Something went wrong, I don't know what.

What are you talking about?

Never mind.

That jury, without something to stir them up,

they'll hang me.

Prosecution is ready now, Your Honor.

Go ahead. Thank you.

Gentlemen of the jury,

today is a hot day.

In the cold light of history it may prove to be

a grave, gray and bleak one.

It's in your hands.

The prosecution will prove beyond doubt

that a gun fight took place.

And that a man died.

Is this murder?

No, no, no! I say it is not!

( people chattering )

One more outburst like that, Mr. Stone,

and we'll be forced to eject you from this courtroom.

The law says that it is.

The case for the state will be brief.

Will Silas Miller please take the stand?

Who's that woman?

George Stapleton's widow.

How well do you know her?

I don't know her at all.

I've just seen her around.

You're sure of that?

Of course I'm sure.

ED: Do you swear to tell the truth,

the whole truth, nothing but the truth, so help you God?

I do.

Mr. Miller, as everyone can see, you're in a wheelchair.

Crippled.

I happen to know it's the result of something

that happened a few years ago.

Could you tell us what it was?

Shootout.

What is your occupation, Mr. Miller?

Saloon keeper.

And do you own the saloon?

Lock, stock and barrel.

Are you a drinking man yourself?

Never touch a drop.

Then you could be sure of anything

that you had seen or heard.

I can be positive.

Do you recall the events that took place in your saloon

on the night of June the 17th of this year?

MILLER: Yes, I do.

Was there a shooting in the place, that night?

There sure was.

ED: Did you see it?

MILLER: Yes.

I wasn't more than five feet from where it happened.

ED: Would you tell the court exactly what you saw and heard?

Sure.

It was kind of late About 10 o'clock.

The 17th was a weekday, so there wasn't many customers.

A few minutes before, George Stapleton came in

and ordered a drink.

I thought it was kind of funny

because he's night watchman at the cow-pens.

And he should have been on duty.

( tender theme playing )

What are you looking at?

( chuckles )

All of a sudden, we're drinking our drinks

like a great, big man.

Stay away from D.

Supposing I don't wanna?

I'm warning you.

Is that a threat? Yeah.

It's a threat.

What's gonna back it up?

You stay away from me.

I don't wanna.

( chuckling )

ED: George Stapleton was dead?

MILLER: Yes.

As a watchman, was George required to wear a gun?

I guess so.

Did you know him before he took that job?

MILLER: I used to see him once in a while.

And did he wear a gun then?

Oh, no, no, he didn't.

How long have you known the defendant?

Pete? Since he was a boy.

ED: When did you first see him wearing a gun?

MILLER: Oh, maybe 10, 11 years ago.

Then, in this case, one of the men

had been wearing a gun for 10 or 11 years

and the other, for only two or three months.

MILLER: That's right.

Have you finished with the witness?

No.

No, not yet, I haven't.

Your Honor, after examination of this witness,

I intended to call other witnesses

who were present at the shooting.

I now no longer believe this will be necessary.

What are you proposing?

The state had hoped to prove

that this was not just a common shootout,

but a vicious killing.

Is it my understanding, now,

that you no longer intend to follow that plan?

The state now hopes to prove

that this was more than just a senseless killing.

It was a murder!

Both coldly pre-meditated and brutally committed!

For a motive so base that it will shock this courtroom!

Your Honor, I object!

I object to this wild and impassioned harangue,

to this fantasy without substance.

I'll give it substance.

Do I have your permission to proceed?

Go ahead.

What did you do to set him off?

Nothing. You sure?

If you've done anything, you better tell me fast.

Well, I glanced around at my father

for a minute, but...

I see.

He just jumped to conclusions, ahem.

George Stapleton had a wife.

Of course he did. You know that.

Did you know her?

Well, no, but he was always talking about her.

RAND: I object.

The witness is answering questions he hasn't been asked.

CLEM: Objection sustained.

ED: What was her first name?

MILLER: D.

Sit down, you're over ruled.

Her first name was D?

Diane, but everybody called her D.

He explained it to us one night.

He always talked about her.

Now, let's return to the night of the shooting.

When George Stapleton said the words, "Stay away from me,"

his back was to you.

Yes, uh, he was facing Pete.

I was behind the bar.

Then, the word "me" might have been "D."

He might have said, "Stay away from D."

Your Honor, the prosecution is leading the witness.

Objection sustained.

Mr. Miller, you'll not answer that last question.

Your witness.

( tender theme playing )

Mr. Miller, a few minutes ago,

you testified that in as much as you don't drink,

that you could definitely remember everything

you saw and heard.

Yes, I think so.

RAND: What's the date today?

MILLER: 22nd of July.

You sure? Yes.

The so-called, uh,

"shootout" happened on the 17th of June.

Now, if someone suggested

you might have heard one word instead of another,

it's quite possible that you might think you hadn't.

Isn't it?

Maybe I was confused.

Mr. Miller, isn't a man's first impression

usually the right one?

Usually.

Thank you, that's all.

CLEM: Excused, Mr. Miller.

The prosecution can call its next witness.

Will Mrs. George Stapleton please take the stand?

Put your hand on the Bible, please.

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

nothing but the truth, so help you God?

MRS. STAPLETON: I do. MAN: Be seated.

Mrs. Stapleton.

Do you see the defendant, Peter Stone, seated there,

at the table?

Yes, I see him.

When did you and he first meet?

We never have.

Never have? No, sir.

Today is the first time I've ever set eyes on him.

Didn't the defendant turn in his chair

and look at you, and signal you to leave the room?

MRS. STAPLETON: Signal me?

Why, no, I didn't see him signal anyone.

Mrs. Stapleton, may I remind you

that you are under oath to tell the truth?

RAND: Your Honor, I object most adamantly!

The prosecutor is brow-beating the witness!

Objection sustained.

Your witness.

No questions.

You may step down, Mrs. Stapleton.

Will Miss Ellen Irish please take the stand?

What do you think?

He's blundered.

MAN: Place your hand on the book.

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

nothing but the truth, so help you God?

I do. Be seated.

Do you know the defendant?

ELLEN: Yes.

Are you his betrothed? No.

ED: Were you at one time?

ELLEN: I was at one time.

ED: Have you ever heard the name "D"?

Yes.

When?

When I first saw Pete with Mrs. Stapleton.

That's her name.

ED: You saw him with her?

ELLEN: Several times.

ED: Why didn't you tell me this before?

Pete asked me not to.

Did you and Pete ever have any arguments

over his seeing Mrs. Stapleton?

ELLEN: Oh, yes.

At first, he, uh, denied even knowing her.

Go on, Ellie.

Well...

Mr. Stapleton, ah, worked at nights.

And, so one time when Pete just didn't show up,

I borrowed a rig and drove out to the Stapleton house.

And did you see them there?

Yes.

Were they talking?

What were they doing?

They were in an embrace.

( people chattering )

Your witness.

Miss Irish...

What is your, uh,

profession?

I work in a saloon.

You work in a saloon?

Yes.

That's all. Thank you.

( people chattering )

You can step down, Ellen.

RAND: Pete, did you, uh,

signal to anyone here in the courtroom?

Yes. My father.

And at that time,

your father was seated next to Mrs. Stapleton, wasn't he?

That's right.

That's all.

Your Honor, the defense rests.

CLEM: You can step down.

Are you ready to sum up for the prosecution, Mr. Tanner?

Yes, I am, Your Honor.

Go ahead.

Gentlemen,

no one here has denied that

Pete Stone shot and killed George Stapleton

in cold blood.

Pete had been carrying a gun for almost 11 years.

He was experienced.

George wasn't.

He only strapped on a gun

to get a job at the cow-pens, three months before.

To have been killed in a gunfight was outright murder.

What is the background of this crime?

It's one of lust, scandal, infidelity.

George Stapleton loved his wife.

He asked Pete Stone to stay away from her.

"Stay away from D," he cried.

This was the plea of a frightened, heartbroken man.

In reply, Pete killed him.

Watched his body sink to the bar room floor.

Are we gonna condone this in our town

or in any town in this country?

I think not.

RAND: Gentlemen,

George Stapleton was a victim of circumstances.

Born in poverty, raised in poverty.

Deprived of the opportunity of an education and culture.

Yet, while working at the only job

he was qualified to do,

night watchman at the cow-pens, he saw Pete.

Pete who had everything he had always wanted,

Money to spend, time to spend it in.

No boss to answer to.

He envied him.

And this envy over a period of time,

drove him to a bar where he knew Pete would be.

And there he drank himself into intoxication

and very foolishly tried to kill Pete.

Now, Pete was forced to draw, in order to protect himself.

As for the other, ugly, unspeakable charges, I...

I hesitate to dignify them with an answer, but I will.

I'm afraid the prosecutor is carried away

by his own lurid imagination.

For you yourself heard this respectable woman testify.

This grieving widow.

That she had never seen the defendant before in her life.

Had never put eyes on him until today, here in the courtroom.

Now, I ask you, are we going to ignore

the testimony of a respectable woman

and hang a man on the word of a harlot?

No, I say.

And if this is not a murder based on the motives,

such as the prosecutor charges,

and believe me, it is not,

then what have we?

We have a case of a man who was forced to draw,

in order to protect himself, just as you...

You or myself.

Now, I feel it's our duty to set him free.

To put him back in the world, where he belongs.

( crowd applauding )

( crowd chattering )

( suspenseful theme playing )

Gentlemen, it's in customary

for the judge to instruct the jury

before asking them to retire to make a decision.

Now, what I have to say will not be easy.

For I have known the defendant, Peter Stone, for many years.

However, in the interest of law and justice,

there's something I must say.

A court of law is a place

where the truth is to be brought out into the open

and examined.

And decisions to be made accordingly.

However, today,

an appeal to special privileges,

bias and snobbery have colored that truth.

The defense has relied on the unkindest of human emotions.

Prejudice. Bigotry.

I object!

You'll sit down,

until you've heard what I have to say.

Now, you've been asked to disregard

the testimony of one witness in favor of another,

because of the way of life that she leads.

You mustn't do that.

By the laws of God, you can't do it.

Basically, there are no difference in people.

Whether he's a rich man or a poor man,

whether he's educated or illiterate,

only the circumstances that made him that way,

those are the differences.

What is the circumstance

that made the witness, Ellen Irish, turn to a saloon

as her only means of existence?

That circumstance was a bar room shootout.

Because her husband didn't draw fast enough.

Now, after one of these shootouts,

what is a respectable, married woman to do for a living?

If she turns to a saloon,

does that mean that her word is no longer valid?

Simply because she's the victim of a circumstance

that happens all too frequently

in our land here, West of the Mississippi?

I don't think so.

What about Mrs. Stapleton sitting there?

Which one of you are gonna take her under your wing

and look after her?

And if no one does,

I wonder what's to become of her.

I wonder where she'll be a year from today.

I object most strenuously!

You have no right to...

You object to what, Mr. McDonald?

The truth being brought out in the open?

To my asking the jury to consider impartially?

The testimony of each witness?

Well, I, uh...

All right, gentlemen.

You can retire now, until you've reached your verdict.

( tender theme playing )

( gavel bangs )

This court is recessed until the jury returns.

Forget prejudice?

Every man on that jury is a bigot,

steeped in prejudice.

As for me, I bungled too.

I should have stuck to the gunfights

and the law against shootouts.

But when...

When I saw Pete making signals to that widow

and I realized what it really was,

I got so mad, I...

Righteous, maybe that's what I got.

Yeah, I guess I got righteous.

I'm always trying to save the world from itself.

CLEM: Be seated.

Have you reached a verdict?

We have, Your Honor.

What is it?

Guilty.

You never get away with it!

Easy, Tom. Easy, Tom. Sit down.

Will the defendant please rise?

Peter Stone, you've been found guilty of this charge

brought against you.

Under the laws of the state of Kansas...

Never mind all that, Clem. Get on with it.

I hereby sentence you, this day,

to hang by the neck until you're dead.

May God have mercy on your soul.

( dramatic theme playing )

How'd it go?

He's guilty.

Guilty?

Yeah, they're gonna hang him.

( tense theme playing )

Whiskey, please.

Judge.

I killed your father.

You're lying.

My name is Joe Rile.

So we finally meet.

Today, I'm gonna kill you.

Go ahead.

I'll count up to three, then we'll both draw.

No, we won't.

You don't and I'll blow your head off!

What's the matter with you? Now, go ahead and shoot.

An unarmed man?

Would it make any difference, whether I was armed or not?

You killed a lot of men that you knew well in advance,

you were faster than they were.

So what difference would a gun make?

I killed your father!

I used to say that too.

Then I realized it wasn't you that killed him at all.

It was too many inadequate laws.

Saloons, towns,

sheriffs that condone these bar room fights and shootouts.

( tender theme playing )

That's the gun I killed him with.

It needn't be. It could be any gun.

Any man, for that matter. He'd be just as dead.

You keep talking and I'll kill you,

whether you've got a gun or not.

I quit chasing you a long time ago, Rile.

Even though I'm just as bitter today as I was then

about my father's death.

But I became dedicated to wipe out this

so-called law of the fast gun.

Didn't you hear what I said?

I try you in every court and hang you there.

Not you as an individual...

But other men like you.

What you stand for, what you represent.

( mellow theme playing )

All right.

You better put your gun back on, judge,

before one of these brave men

in the saloon here shoots you.

In the back.

Here...

Sell that to the highest bidder.

Might put that other gun in a museum.

After all... Don't.

( glass shatters )

Here you are.

Might as well sell that too.

Who's that? Name is Joe Rile.

( tender theme playing )