Original subtitles

This court will be in session.

Before passing sentence,

is there anything that counsel for the defense

would like to say to this court?

Thank you, thank you.

Yes, Your Honor. The defense asks

that the trial of Bradley Mason be continued.

Mason confessed.

The defense asks that that confession

be stricken from the record.

It was made under emotion and duress.

Besides which, there is new evidence in this case.

New evidence? Yes, Your Honor.

A new witness has just arrived in camp

and will testify for the defense.

Is that new witness present?

She is in my wagon, Your Honor.

Mrs. Ivers, may I present Major Adams.

How do you do? Mrs. Ivers.

Major, Mrs. Ivers is the widow

of the late Charles Ivers.

She is here to testify for the defense.

Howdy, Bill.

Hello, Brad.

Leslie?

Leslie, what are you doing here?

You seem taller.

I don't want to get you involved in this.

Oh, don't say that.

Thank heavens I arrived in time.

Time?

Time ran out for us long ago.

No.

It was only suspended.

I always knew we'd meet again.

With Charlie's body lying between us?

Trust Charlie to strike the last blow,

even from the grave.

And yet it's because of Charles I'm here.

He telegraphed me from Denver to meet him.

Leslie...

take David and go back to San Francisco. Stay out of this.

No, not this time.

This time we're going to fight.

No, there are so many private things

that would be made public.

Does it matter if your live is saved?

What good have I been alive?

The knowledge that you were alive

has kept me alive.

As long as you were alive, there was hope.

There's not much hope now.

Oh, but there is.

We're going to win.

Leslie.

You haven't once asked me

whether I did kill Charles.

There was no need to ask.

I know.

David!

Oh, David!

Oh, David!

Oh, David.

Folks, the defense has asked

that the trial of Bradley Mason be continued

on the basis of new evidence.

At that time, the prosecution had not finished its case

against the defendant,

so Mr. Drew will now proceed with his case.

Mr. Drew.

I call Richard Cassidy to the stand.

Will you raise your right hand, son?

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

and nothing but the truth, so help you God?

I do.

State your name. Richard Cassidy.

Have a seat.

Mr. Cassidy, where was your wagon

in relation to the Ivers' wagon

on the night of Mr. Ivers' death?

Directly behind the Ivers' wagon.

When was the last time you saw Mr. Ivers?

About 10:00.

Mr. Mason walked up to the wagon

and called to Mr. Ivers.

They talked for a minute,

then they went off together toward the water hole.

Did you see Mr. Ivers again that night after that?

No, sir, not alive.

Were you acquainted with Mr. Mason?

Well, I, um...

No, sir, not really.

You mean to say you've been on this wagon train

all this time with him, and you weren't even acquainted with him?

DREW: Your Honor, I object.

The witness has already answered that question.

Objection sustained.

Well, were you acquainted with Mr. Ivers?

Yes, of course I was.

Did you consider him as a friend?

My relations with him were friendly, if that's what you mean.

That's exactly what I mean.

Mr. Cassidy...

you have testified that you heard Mr. Mason

call out to Mr. Ivers.

Just how did he call?

How?

Yes, how? Did he say,

"Hello there, Mr. Ivers,"

or something like that?

Or did he simply say, "Mr. Ivers?

Mr. Ivers?"

Well, I... I don't think I remember.

I'm not sure what his exact words were.

Search your memory, boy! Try to remember.

Well, he, um...

He called him Mr. Ivers.

Are his exact words important?

Important?

A man's life is at stake.

I think he said...

"Mr. Ivers, it's me... Mason."

I think he said that.

Did you hear Mr. Mason call out the two words...

"Mr. Ivers"?

Never mind anything else

that might've been said at the same moment.

Did you hear him say "Mr. Ivers"?

Yes, sir. Yes, sir, he did.

You're positive? Quite positive.

Well. Heh heh.

Thank heavens you're positive about something.

I object.

Heh. I don't blame you.

I withdraw the comment.

No further questions.

Any further questions, Mr. Drew?

DREW: No further questions.

You can step down, son.

Prosecution will proceed with the next witness.

Prosecution calls Mrs. Molly Cassidy to the stand.

I went down to the water hole for some water.

I saw Mr. Ivers and Mr. Mason

as the far side of the hole,

and I heard Mr. Ivers say, "Don't threaten me."

Then there was a pause, and in a different kind of voice,

he said, "You wouldn't want me to tell everyone who and what you are.

But I will if you don't leave me alone."

DREW: What did Bradley Mason answer?

He didn't answer. They saw me and stopped talking.

Then I filled my bucket and went back.

That was the last time you saw Mr. Ivers alive?

Yes, sir.

No further questions.

MAJOR: Professor?

No questions, Your Honor.

No questions?

Your Honor...

there is no point in taking up

any more of the court's time now

by a cross-examination of this witness.

Later, I intend to call both her and her son Richard

as witnesses for the defense.

With the court's permission,

I will cover this testimony then.

Witness excused. You may step down.

Thank you, sir.

The prosecution will rest its case

on the evidence as presented,

and on the statement of Major Seth Adams.

Now, you have all heard several witnesses testify

that Bradley Mason an appointment

with the murdered man the night he was killed.

Mr. Ivers' little boy David,

Richard Cassidy and Molly Cassidy,

have all testified that Mason kept that appointment.

You have also heard the statement of Major Adams

expressing his reasons for arresting Mason.

Ladies and gentlemen of the jury,

I solemnly charge you to remember those reasons

when the defense puts its case before you.

It has not been difficult

to present the case against Mason.

I do not envy the defense

the task of defending him.

The prosecution rests.

MAJOR: Folks, this court's adjourned

till 9:00 tomorrow morning,

at which time you'll hear the case for the defense.

Court dismissed.

Now, boy, try to remember.

Did you see Mrs. Cassidy at the water hole?

No.

That's funny. She says she saw you,

and that when you saw her,

you stopped talking.

I didn't see her.

All right, we'll skip that part of it

and go on to what you do know.

We've been over it a hundred times.

I've told you all I know.

I don't think you have.

If you don't believe me...

No, no, I believe you, all right.

But the human mind, the human memory,

is a very strange instrument.

Sometimes it sees things

it isn't even conscious of seeing.

Then later, onto some emotional stimulus,

memory returns to us,

and what we saw drops into place

like the missing piece in a picture puzzle.

It's no good. We've been over it so many times.

All right, then we'll go over it again.

Here. Here's a map I just made

of entire locality. I made it from memory,

but I've got a fairly accurate memory.

A map? Yes.

Here is the wagon train. Here, remember?

Here's where they were dancing.

Here's the path down to the water hole.

Now, here are you facing Ivers.

Ivers is saying...

"I don't want to tell anybody who or what you are,

but I will if you don't leave me alone."

Now, what did you say?

I don't know. All right.

You left Ivers and walked back to camp.

At this time, the music from the dance

was still going on, right?

All right. Now, as you walked back,

you passed somebody standing here

in the shadow of these rocks,

who ducked back as you passed by. Who was it?

No one. There was no one there.

Ah, but there was.

There was someone standing there...

A man with murder in his heart

and your gun in his hand.

You walked right by him.

How can you say that? What makes you think...

Shh, shh. Perfectly simple.

Now, at 10:00,

you met Ivers at his wagon, right?

You walked together down to the water hole.

That took about ten minutes.

I know how long it took because I walked it myself.

You talked and you quarreled...

We'll say another ten minutes more.

That made it 10:20.

At 10:20, you left the water hole

and started back for camp,

and Ivers was still alive.

Ten minutes later...

At 10:30... he was dead.

But nobody knows what time he was killed.

Oh, yes, they do.

Because at 10:30, the dance was over,

and people started coming down here for water.

If there'd been a fight going on,

everybody would have known it.

Consequently, Ivers must have been dead.

Hmm? Now, later...

the murderer came to your wagon,

carrying your gun.

He put your gun in your wagon,

carrying it by the barrel

to make sure that Ivers' blood that was on the stock

was still there to convict you.

Professor...

I told you in the beginning,

I don't remember much about that evening, that I'd been drinking.

And I told you that I didn't know whether I'd committed murder, but...

now you've almost convinced me that I did.

Heh heh.

But I've convinced myself that you didn't.

And at this particular moment,

I know more about it than you do.

But I've been over that path again and again,

and there's no one there. I'm alone.

Oh, God.

I'm alone.

Oh, no, you're not. Let's try it just once more.

Shall we, boy? Come on, now.

Ivers is saying,

"I don't want to tell everybody who and what you are,

but I will if you don't leave me alone."

No.

Hmm?

No, he didn't say it.

He didn't say it?

Well, Mrs. Cassidy testified

that she heard him say it. Was she lying?

He didn't say it.

Are you sure?

I said it.

I said it to him. I said...

"You wouldn't want me to tell everyone who and what you are,

but I will if you don't leave me alone."

Why in heaven's name did you say it?

He threatened to kill me.

I remember now. He swung at me. We struggled.

No, no, no. Now, remember...

Mrs. Cassidy was there. She saw you.

If there'd been a fight, she would've told the prosecutor,

and he would've made a big point out of it.

No, there was a struggle.

I remember. I wanted to kill him.

I must've killed him.

If he is guilty,

he must be punished.

For the law says his guilt must be established

beyond any possible shadow of a doubt.

And until it is so established,

he must be considered innocent.

Bradley Mason is a young man,

in the spring of his life.

Ahead of him still are the summer,

the autumn,

and the winter.

Like most young men,

he wants to till his share of the soil,

build his home,

consummate his love,

and raise his family.

Now it is up to you

whether or not Bradley Mason

will be granted his share of the years to come,

or whether you will condemn him to death,

to the earth...

and to eternal silence.

I beg of you.

I beg of you to listen to his case

with open minds and with open hearts.

In one hand, you hold life.

In the other hand,

you hold death.

Possibly never again in your whole lives

will you be called upon to make so...

So momentous a decision.

I thank you.

I call Elliott Drake to the stand.

Did you attend the dance last Saturday night?

Yes, sir.

Did you stay until the dance was over?

Yes, sir.

What time was that? 10:30.

Then did you go to the water hole?

Yes, sir.

Did you happen to see Mr. Ivers' body

lying anywhere about?

No, sir.

Did you know Mr. Ivers?

Yes, I'd met him.

Had you known him before he joined the wagon train?

No, sir.

You're positive? Yes, sir.

Did you like Mr. Ivers?

I never thought about it one way or the other.

Thank you, that's all. No more questions.

Your witness.

I have no questions for this witness.

Witness excused.

Now, Your Honor,

I call Molly Cassidy to the stand.

Mrs. Cassidy, when we drew lots

for our positions in the wagon train,

what number did you draw?

22, sir.

22? Heh!

I'm sorry to have to correct you,

but according to Major Adams' records,

you drew position 64,

which position you later traded

with Mr. Foster.

Is that right? Yes, that's right.

It completely slipped my mind.

Slipped your mind?

And that you gave Mr. Foster $25

to trade places, hmm?

Yes. Well, you see, it's my son Richard.

He's troubled by dust...

Makes him cough something fierce.

And when we had the other place in line,

we were behind six mules.

And that was the reason why we did it.

That being the case, why didn't you ask Major Adams

to change your position in line?

I didn't think it concerned anyone but me and Mr. Foster.

May I differ with you? May I suggest

that it concerned Mr. Ivers very much?

It concerned him so much

that you were willing to pay for that change of position in line,

and willing to pay well. Isn't that right?

God have mercy! What are you trying to make me say?

Now, now, Mrs. Cassidy.

I don't want to distress you,

but I stand between a man and his grave,

and you must answer my questions.

I'm trying to do the best I can, sir, honestly.

Yes, I know. I'm sure you are.

We won't go into the painful reasons

of why you wanted to change places on this train,

because we have already established the fact that you did.

But I'm going to ask you again...

Did you know Mr. Ivers

before you joined this train?

Now, think carefully before you answer.

Because, you see, I don't want you committing perjury.

You see, I have a witness on this train

who can and will answer for you truthfully.

Let us...

Well, let me refresh your memory.

Let's go back 22 years.

You were living in Boston.

But you made a trip to New Orleans

because you had received a letter

telling you that your husband Malloy Cassidy

was confined in prison there.

Isn't that true?

Yes. It's true.

Malloy had gotten into an altercation

with the authorities in a saloon, and he'd been arrested.

It was a terrible, black time for me.

As I look at it now,

I was just a little bit more than a child myself,

and yet I had a little boy to raise.

But I was living on the dreams Malloy was sending me by letter.

"I've struck it rich," he wrote.

"You'll never be having to scrub other people's floors again."

I laugh at it now when I think

how I could've believed how it all would happen.

But I can weep for Malloy because he believed it, too.

And what happened to...

Malloy Cassidy?

He was dead when I got to New Orleans.

Shot in the back trying to escape, they said.

But I found a letter

that Malloy had posted a few days before he was killed.

And in the letter,

he said he'd made friends with a prison guard,

and he told him something

that he dare not write in the letter...

Where he'd hidden his gold.

And the guard had sworn he'd get word to me

where I could find it.

And this guard... Was he the same one

who had shot Malloy in the back?

Of course it was the same guard.

And poor Malloy never tried to escape at all.

It was all trumped-up talk that way.

Did you ever see this guard again?

Indeed I have. When I saw him again,

he owned half the town of Buffalo,

and he looked right through me

and said he never knew Malloy Cassidy.

Now I will ask you, this guard...

Was he the man known on this train

as Charles Ivers?

Yes, sir.

Now tell me, Mrs. Cassidy...

why did you maneuver so much

to get your wagon directly behind Mr. Ivers' wagon?

He killed Mallow. Shot him in the back

and stole his fortune.

And he had to face that memory

every time he stepped out of his wagon.

Was that your only reason?

I knew I had no hope of getting Malloy's money anymore.

What other reason could I have?

A very serious one, I'm afraid.

We didn't kill Ivers,

you filthy, insinuating swine!

Order! Order in the court!

He's trying to trap her! Don't you see? Don't you all see?

Listen, young fella, if you can't control yourself,

I'll have you thrown out of this court.

You expect me to stand here while he tries to hang us?

My dear young man,

the innocent have nothing to fear in this court.

Nothing to fear?

You're trying to crucify my mother and me

and let a murderer go off free!

Order! Order!

Now, folks, this is a court of law.

And believe you me,

it's gonna be conducted like a court of law.

There'll be no more disruptions, is that clear?

All right, go ahead, Mr. Applewhite.

I thank you, Your Honor.

Mrs. Cassidy...

do you happen to know the real name

of the man we all called Mr. Ivers?

I knew him as Charles Mason.

And were you aware of any relationship

between these two men? No, sir.

Now, Mrs. Cassidy, you have testified

that on the night of the murder,

you heard Mr. Ivers say,

"I don't want to tell everybody who and what you are.

But I will if you don't leave me alone."

Yes, sir.

Now, remember... it was dark,

and you were some distance away,

and the men were very excited.

And let me tell you, in case you don't know it,

you were trying to separate and identify the voices

of two men... who were brothers.

Brothers? Yes.

Bradley Mason and Charles Mason are brothers.

Now, knowing this, how can you be sure...

How can you be positive beyond any shadow of a doubt

which man was speaking?

I... I... I thought I was positive.

Oh, you thought you were positive?

But you're not so positive now, are you?

Brothers?

Well, I suppose not.

I would remind the jury that Richard Cassidy has testified

that he heard Mr. Mason call out, "Mr. Ivers."

I assure you Mr. Mason never called his brother "Mr. Ivers"

in his entire life.

Objection!

Objection overruled.

It's a darn good point. Go ahead, Mr. Applewhite.

I thank you, sir. Mrs. Cassidy, you have testified

that after you got your water buck filled,

you proceeded directly back to camp.

Is that right? Yes, sir.

Did you meet anybody on the way?

Yes. Mr. Drake.

Elliott Drake? Yes, sir.

Was this while the dance was still going on?

Yes, I could still hear the music.

You're sure it was Elliott Drake?

Yes, I spoke to him.

That's all.

No more questions.

The defense has managed to thoroughly confuse the issue.

But I think we can straighten things out.

Mrs. Cassidy, you did see Bradley Mason

and Charles Ivers... Or Mason... alone

on the far side of the water hole?

Yes, sir.

Do you know what time that was?

A little after 10:00, sir.

And the two men appeared to be quarreling?

Yes, sir.

And when you left the scene,

they were still alone together

on the far side of the water hole? Yes.

Then the important points of your testimony

are still unchanged.

No further questions.

Mrs. Cassidy, you may step down.

You're excused. Thank you, sir.

Folks, this court is gonna adjourn now

till after dinner.

Everybody be back here by 2:00.

Court dismissed.

I'll be glad when this trial's over,

so we can talk to each other again.

We can talk. We just can't talk about the trial.

What else is there to talk about?

What did we talk about before?

I can't remember. Let's play a little three-handed.

Major can't play cards. He's a judge.

You can't play, either. You're on the jury.

You're the clerk, the bailiff, and the guard.

None of us can do anything.

I'm gettin' sick and tired of this whole mess.

I'm gettin' sick and tired of us.

This is the last time anybody's gonna talk me into

being a public figure.

I'm gonna take a walk,

go someplace where I can think.

Sure get tired sittin' in that old jury box,

just like goin' to school.

You never went to school.

I know that, but I've seen pictures...

of schoolrooms.

Oh, man.

How's that shoulder, Miller?

It's improving, no thanks to you.

It was a dirty trick, Major.

You were gonna lynch a man.

If you'd let us string up Mason,

you wouldn't have wasted all this time on a trial.

And what if that man wasn't guilty?

Who else could've killed Ivers?

That's why, Mr. Miller, we're having a trial.

Why, Major, life's the way it is.

You can't change it.

People are the same as they've always been.

Didn't the Romans throw the Christians to the lions and watch the show?

And besides, you're cheatin' there rest of us out of a little fun.

Fun? Yeah.

Let me tell you something, Miller...

The next time you try to start a lynching party,

I'm not gonna aim for your shoulder.

LESLIE: Mr. Adams?

Yes, Mrs. Ivers?

It's David. Please come in.

Don't let him get me!

Don't let him get me!

Nobody's going to get you, darling.

Hey, Davey, what's this?

I thought you and I were pals.

I don't know what's wrong with him.

He won't eat, he won't sleep.

He goes to pieces every time anyone comes near the wagon.

Come on, Davey. Hey.

Has he mentioned anything that might have happened

the night his father left?

No. But I think he saw or heard something

that's made him afraid.

Mrs. Ivers, it's none of my business,

but it seems kind of odd to me

that his father would bring him across the country in a wagon

when he could've gone around the Horn with you on a boat.

Major Adams, it was agreed

that he was to come with me.

But my husband left with him in the middle of the night.

Charles took great delight

in sudden, unexpected cruelties.

Hmm.

Strange.

He seemed like such a kind man.

Mrs. Applewhite said I'd find you out here.

Moseying around, she said.

Yes, moseying around.

Prowling through a jungle of thoughts,

doubts, speculations.

You know, I wish I were younger

and wilier.

You were wonderful this morning.

Thank you.

40 years...

of telling others what to do.

And now here I sit, wishing there was someone

to tell me what to do.

40 years teaching law.

"The law...

"is your sword, young men.

"Keep it clean and shining bright.

"Take up that sword,

"and fire it with rhetoric and logic

until it is white hot and invincible."

Heh. Balderdash.

Balderdash and poppycock.

40 years of teaching balderdash and poppycock.

What right have I in the arena?

A foolish old pedagogue

mouthing platitudes

with a young man's life in the balance.

But I feel that everything is going well.

Surely you scored with the Cassidys this morning.

What jury would even consider their testimony now?

Oh, yes, we scored, all right.

But we're a long way from winning.

But if we scored, we're closer than we were.

Now, what troubles you?

You.

Why?

I don't want to gamble with a man's life.

And if I put you on the stand,

I may be putting a noose around Brad's neck.

But you have to put me on the stand.

If I do, I'll be putting a terrible weapon

in the hands of the prosecution.

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

and nothing but the truth, so help you God?

I do.

State your name and be seated, please.

Mrs. Charles Ivers.

Now, Mrs. Ivers, you were expecting

to meet your husband in San Francisco? Yes.

Will you please tell this court...

why you suddenly changed your mind

and decided to join your husband

at Cooper's Crossing a week ago?

Mr. Ivers telegraphed me from Denver.

Was this the message he telegraphed?

Yes. Thank you.

Would you please read it to the court?

"My dear Leslie, several old acquaintances

"have turned up on the trip

"with, you may be pleased to know,

"threats against my life.

"I am not too concerned, but for David's sake,

"you had better join me.

"The Overland Stage has a stop at Cooper's Crossing,

"where the wagon train will camp the weekend of the 21st.

"I will expect to find you there.

Charles."

I thank you.

Your Honor, would you please enter this as evidence?

Now, Mrs. Ivers, your husband refers in that message

to old acquaintances.

Have you any idea who they were?

Objection. This question calls for a conclusion

on the part of the witness.

Not at all. If Mrs. Ivers is acquainted

with people that her husband knew on the train,

surely she has a right to point them out.

The inference, then, is that these acquaintances

threatened the life of the deceased.

How very good of you to point that out.

Your Honor, Bradley Mason...

And only Bradley Mason... Is on trial here.

Defense is deliberately trying to cloud the issue again.

Well, it seems to me that since Mr. Ivers is not here

to identify these acquaintances,

this court cannot possibly stop Mrs. Ivers

from doing it for him.

I thank you, Your Honor.

Mrs. Ivers, will you please answer the question?

Mr. Ivers was acquainted with Jed Fuller.

There's no Jed Fuller on this train.

Surely, Your Honor,

if testimony regarding Mr. Fuller is important,

we have a right to it in the case.

All right. Go ahead, Mrs. Ivers.

The day after my husband left to join the wagon train,

a letter came for him, signed "Jed Fuller".

It said that he knew Charles would be on the train,

and to make no mistake...

"the old score would be settled".

Have you that letter?

No, there was no reason to bring it.

Did you know Jed Fuller?

No, but I knew of him.

Mr. Fuller was convicted of manslaughter,

largely through the efforts of my husband's newspaper.

He had served five years of his sentence,

and then this spring, another man confessed to the crime.

Charles was quite concerned about it.

Because of what happened to an innocent man, eh?

No. Because of what might happen to Charles

if the innocent man caught up with him.

Your Honor, I really must object.

This testimony is irrelevant and immaterial.

Since Jed Fuller is not even on the train,

his quarrel with the deceased

can have nothing whatever to do with the case.

Surely the remarks are admissible

as being indicative of the character of the deceased.

They have nothing whatever to do

with the guilt or innocence of Bradley Mason.

Let's try the man who is here,

not a man who is not here.

Objection sustained.

APPLEWHITE: Will you please tell the court

of any people present on this train

whom you know to be acquaintances of Mr. Ivers.

Mrs. Cassidy and Richard.

Elliott Drake.

Had your husband anything to fear

from any of these people?

He had reason to fear all of them.

Objection. This is conjecture on the part of the witness.

I demand that that answer be stricken from the record.

Your Honor, the witness' testimony is not conjecture,

but is based on fact, which I will bring out in examination.

Objection overruled.

Thank you. Now, Mrs. Ivers...

will you tell the court what you know

about your husband's acquaintance with...

Elliott Drake?

Mr. Drake's father was Edwin Drake,

our state senator.

Charles decided to run against him in the election.

Senator Drake had many years of good service behind him

in the legislature,

but Charles had the advantage.

Charles owned the newspaper.

Week after week, he hammered away at Senator Drake,

printing the most outrageous lies.

He accused him of everything from misuse of state funds

to alcoholism.

I was so ashamed,

I couldn't go out into the street.

And then, one night, as the campaign came to a close,

Elliott came to my house.

Charles opened the door.

And Elliott hit him so hard, he almost knocked him down.

Charles drew out his Derringer,

and he aimed it at Elliott.

I grabbed his arm, and thank heaven the shot went wild.

I still wake up sometimes,

and I can see them,

Charles shouting at Elliott,

"This won't help your father!"

And Elliott, so white...

Nothing alive but his eyes, saying...

"Nothing will help my father.

"My father is dead.

You murdered my father."

At first...

Charles was surprised,

and then he was shocked.

And later, when Elliott left,

he said to me...

"Send a large floral piece to the funeral."

Do you feel you can go on, Mrs. Ivers?

Or shall I ask for a recess?

No. Please let me go on.

Senator Drake had many friends.

They didn't like the way he died.

Charles had finally gone too far.

He realized that he would probably lose the election,

so he withdrew from the race.

Soon his past started to catch up with him.

He learned of Jed Fuller's release from prison.

And one night,

Mrs. Cassidy and Richard came to call.

I was present when Mrs. Cassidy accused Charles

of shooting her husband in the back to get his fortune.

Charles denied it, of course.

But the next day, he started making plans to go west.

Now, Mrs. Ivers...

I must ask you to go back to a chapter in your life

that I realize will give you great pain.

I would like to spare you this ordeal if I could,

but I know what the prosecution would make of it if I did.

I will ask you to tell the court, in your own words,

of your relationship to the accused, Bradley Mason.

I first met Bradley when I was ten years old

and he was 15.

I used to tag along wherever he went.

I loved him the way a little girl of ten loves...

Openly and fiercely.

I cried when he went away to school.

I felt that things would never be the same again.

And when I was 16,

my father told me that I was to marry Charles.

It was a good business transaction.

My father had financial reverses,

and Charles wanted the prestige of my father's name.

On the night that my engagement

was announced to Charles,

I saw Bradley again.

And he held out his arms.

He smiled at me,

and we danced.

And I knew that I'd been waiting for that moment

ever since I was ten years old.

Bradley was my whole world.

There was no other world but Brad.

We went to tell my father.

We tried to explain how we felt,

but his answer was, I must never Brad again.

And he told my mother to send out

the wedding invitations immediately.

In desperation, we went to Charles.

And Charles said...

it didn't matter who I loved.

I had to marry him.

Bradley and I realized...

that we had nobody to help us but ourselves.

So, we ran away.

We found a country preacher to marry us,

and we took the stage to New York.

We thought that...

We thought we were safe there.

And for one lovely, unforgettable week, we were.

I never knew such happiness.

And then...

Charles and my father arrived.

You see, we thought, because we were married,

that we were beyond their reach,

but my father informed me

that he'd had the marriage annulled.

And Charles said that he wasn't going to be

the laughingstock of Buffalo,

that nobody was going to say that he had been left

at the altar.

Charles said that he would ruin my father

if I didn't do what he asked.

So, I left Bradley.

I went back to Buffalo.

I married Charles.

And I was never happy again.

But...

on the day that I was 17,

I found at last someone I could love.

My son was born.

Brad's son.

When did you next see Bradley Mason

after leaving him in New York?

The next time I saw him

was in the prison wagon

at Cooper's Crossing a week ago.

And you didn't hear from hit at all

in the intervening time?

No, never.

I thank you, Mrs. Ivers.

That is all.

Your witness.

Mrs. Ivers...

you sit on that witness stand

under circumstances as strange

as any I have ever known.

You are here to defend a man

accused of murdering your husband.

Listening to your testimony...

Testimony calculated to blacken the good name

of a man who is not here to defend himself...

I can only wonder...

And the jury must wonder... why?

And the inescapable conclusion leaps at us all.

It is the only way you can save your lover.

Objection!

Bradley Mason was never the lover

of Mrs. Ivers.

Objection sustained.

Mrs. Ivers...

am I right in assuming from your testimony

that you never had any affection for Charles Ivers?

You are quite right.

You entered your marriage with hate and bitterness.

How could it be otherwise?

And you were still enamored of Bradley Mason?

In love, Mr. Drew.

In love, through seven years of marriage to another man.

Yes.

And you still say that you love Bradley Mason?

Yes.

Although he stands here before this court,

accused of murdering your husband?

Yes.

Mrs. Ivers...

how this court can regard your testimony

as anything but biased, I really don't know.

Objection!

Counsel is attempting to prejudice the jury.

Objection sustained.

Folks, pay no attention to what Mr. Drew just said.

Mrs. Ivers, you say you arrived at Cooper's Crossing

by Overland stage?

Yes.

How far was that stage way station from the wagon camp?

I don't know.

I will tell you.

It is precisely 2 1/2 miles.

Is it?

When did you arrive?

Saturday morning.

Your husband was killed on Saturday night.

Where were you until Monday night?

At the way station.

Why did it take you three full days

to travel 2 1/2 miles?

My husband told me to wait for him at the way station.

I read you what he telegraphed.

Ah. The obedient wife.

And what made you decide suddenly to put in an appearance on Monday?

Because I realized something must be wrong

when I had no word by then.

How did you arrive at the camp?

I hired a man at the way station to bring me over.

Did you know your husband had been murdered before you reached the camp?

No.

How long were you in camp

before court convened?

About half an hour.

And that half-hour was sufficient

for you to decide that your lover...

Don't bother objecting. It was a slip of the tongue.

That half-hour was sufficient for you to decide

that your brother-in-law was innocent of the murder of your husband

and that you were free to stand up and defend him against the world?

Yes, I had ample time.

Even if your husband were as black as you'd have us believe,

Bradley Mason had no right to appoint himself as executioner.

That's right, and he didn't.

How did Bradley Mason's gun get covered with blood?

I don't know.

Mrs. Ivers, nor do I.

But I have a very shrewd suspicion

that Bradley Mason knows.

He does not!

I put it to you that he knew you were coming,

that he quarreled with his brother over you and killed him!

Then, sick with fear and shame, sought refuge in a bottle.

Objection!

LESLIE: No, he didn't! He didn't!

He didn't know I was coming, and he did not kill Charles!

Didn't he? Perhaps the jury

will not view him with eyes quite so prejudiced as yours.

Mrs. Ivers...

you are a very gallant opponent.

I wish you could've been on my side.

No further questions.

All right, Mrs. Ivers, you're excused.

You may step down.

This court will be adjourned till after supper.

I want to talk to you about putting you on the witness stand.

If I do...

the prosecution will have the right to cross-examine,

and you might not stand up under it.

But if I don't, no one will have any right to question you.

I'll leave it up to you.

No, no, my dear boy. It's your life

and your decision.

She never told me the boy was mine.

You went away before she had a chance to.

And Charles wouldn't tell you.

No.

Charles did tell me.

He told me that night, but I didn't believe him.

It's funny...

I loved that little kid from the first moment I saw him.

I thought it was because he was hers.

Heh. Think of it.

My son.

All the time I didn't think I had anyone in the world...

I had him.

Professor...

you've gotta get me out of this.

Before it didn't matter much, but now...

I'll do what I can, boy.

But you have got to try to remember

who it was you passed in the shadows.

God help me.

Help me, help me, help me.

David, why are you afraid?

Please tell me. I won't let anyone hurt you.

Is it something to do with Daddy?

Did someone come to see him

after he left with Brad?

Did you tell them

that they'd gone down to the water hole?

Did they go down after Brad and Daddy?

Oh, David, please tell me!

Please!

Did you kill your brother?

No.

No, he was alive when I left him.

Ah.

Then, after you left your brother

and walked back to camp,

did you pass anyone?

I don't know.

You hated your brother. Admit it.

I disliked him most of the time.

Why didn't you and your brother use the same name?

You'll have to ask my brother.

Don't banter with me, sir.

My brother changed his name. I didn't change mine.

Were you in love with your brother's wife?

She was my wife.

You stole her...

on the eve of her marriage to your brother.

My brother never loved her.

But you knew the instant you looked at her,

not having seen her for several years, that you did.

Yes.

Why did you travel west

on the same train with your brother?

I didn't know my brother was on this train

until we were on our way.

Do you expect us to believe that?

Well, it's true.

When I found out he was on the train,

I stayed away from him as much as possible.

Until last Saturday.

Yes, until then.

You testified that you came to warn your brother.

The counsel for the defense carefully refrained

from asking who you came to warn him against.

I ask you now.

Who is he, boy?

Point him out. Who is he?

You're facing Ivers,

and he's saying, "You wouldn't want me to tell everyone"

"who and what you are, would you?

But I will, if you don't leave me alone."

BRAD: I said it. I said it to him.

You drunkard, I warn you... You say one word about me,

and so help me, I'll kill you.

Don't be a fool, Charles.

I didn't come here to fight with you.

I came here to warn you.

Don't you see? Jerb Fuller's on this train!

I don't need your warning!

You're not gonna scare me.

I know where Fuller is.

He's in Buffalo.

You poor, drunken stupid lout.

You let me take your wife and your child,

and you're never gonna have either one of them again.

They're mine.

APPLEWHITE: Now you're walking back to camp.

The square dance is still going on.

You pass someone as you go.

Who is it, boy? Who is it?

Someone presses back as you go by,

someone with murder in his heart

and your gun in his hand.

The murderer is there. You walk right by him.

Who was it, boy?

DREW: Mason, do you hear me?

Who were you warning him against?

Who was threatening your brother?

Jed Fuller.

Jed Fuller isn't with the train.

No.

No, he is on the train.

It was him in the shadows that night.

That's him right there.

It's a lie.

He was looking for Daddy!

He said if I told anyone, he'd kill me!

Hold it!

Now, boys...

we're not gonna have to go through this again, are we?

All right.

Take him over and look him up, Bill.

Let's go, Miller.

Well done, Professor.

Thank you, Sir Alexander.

You know, I'm opening an office in San Francisco,

and I'd be very proud to have you as a partner.

Me, practice law? At my age?

No, no. Thank you very much.

But you see, this whole thing has proven to me conclusively

that my place is back in my classroom,

with my books and my students.

Order!

Order!

This court's not dismissed yet.

Don't you lawyers have any respect

for a court of law?

I got something to say.

Folks, the trial of Bradley Mason is over.

But there was more on trial here

than just a man.

Justice itself was on trial.

Justice and the rights of free men.

I'm proud that wherever this wagon train is,

there is no wilderness.

Civilization has arrived.