All language subtitles for S3E30-Trial for Murder pt 2

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.