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There's no hurry boarding, folks. The horses have to be watered.
Well, welcome folks.
Oh! I think we ran over every mud hole
from here to Cimarron.
I'm glad you could come, Mr. Rand.
I want to be absolutely sure about this.
They have him jailed here in Dodge?
He's working the jail.
Working the jail?
Festus: I don't hear no folks standin' around
squallin' that they ain't gettin' proper took care of.
Well, that's 'cause people can make do, you see,
when they have to. Now they get sick and...
I want a positive identification.
Happens along and takes care of them, but that don't mean
that we don't need a hospital.
Well, wait just a minute now.
Just... I'll tell ya just what will happen
if we was to get a hospital in town.
That's him.
Not the slightest doubt in your mind?
None!
- Always did, see? - Yes.
Sometimes they're sitting up with them all night,
- don't you see? - Yes, I do see,
and that's exactly what causes these gray hairs of mine.
I'll tell you something... Wearing a badge.
Easy.
I'll handle it.
Doc: The second my head hits the pillow, they'll get everything in the world.
Well, there's what I'm talking...
You're under arrest. Hands behind your back.
What in tarnation...
I said put your hands behind your back.
Doc: Hold on.
Stop this. Stop it!
On your feet.
Here, here, quit that.
What do you think you're doing?
Hold on there.
Put the gun down.
I'm a special agent to the governor, Marshal.
Indian territory.
And I'm placing this man under arrest.
I have a warrant.
First thing you got to do with a warrant
is learn how to serve it.
What's the charge?
Three counts of murder
lodged against one Frank Eaton, for a start.
I ain't no Frank Eaton.
His name's Festus Haggen.
Among many of his other aliases.
No matter what name he goes by now,
this is the man that I'm after.
Who's identifying him?
Well, I've only seen him once and that was only briefly,
so I had a corroborating witness brought in.
That's me, Marshal.
Why I ain't ever saw you in my life.
You neither.
You're just mistaken.
He lined up the four of us and started shooting.
I'm just lucky to be alive, the others weren't.
Now when a man shoots off your arm
from a distance of ten feet,
you're not apt to forget his name or his face.
Matt, you ever see this Frank Eaton before?
Not face to face, Judge.
He passed through Kansas probably eleven, twelve years ago.
I've had posters on him, but never with a picture.
I came across this one recently by accident down in Durant.
I wonder if you'd mind identifying that for us.
Are you going to deny that that's a picture of you?
No, I ain't denying it,
I'm just trying to recollect it, that's all.
Well, Festus, could you have been working on the railroad
down around Durant about twelve years ago?
Well, I was working up around there, Matthew,
when they laid that spur.
I reckon it been about that long ago,
and there was some feller there a takin' pictures,
but I'd never knowed he took one of me.
How long did you work on that railroad, Mr. Haggen?
Just long enough to familiarize himself with the movement of the Army gold train.
You're not helping matters, Doyle.
Your Honor, I know of at least six graves he's filled.
And I can be forgiven for feeling less than charitable toward this man.
I don't give a hoot about your feelings, one way or t'other.
- Festus... - Now let's stick to the issue here,
gentlemen, one of identification.
Mr. Doyle has stated that he has evidence
that you were in the following places at the stated times:
Barlow, South Dakota in the spring of '66,
working a claim along with two men named Wheeler and Zimmerman.
That'd be Charlie Wheeler and ol' Zimmie.
We panned gold all along them west creeks
pretty n'ar all summer.
Yeah. Both men found strangled in the creek,
stripped of all their possessions.
That was after we done split up, big mouth.
Gentlemen, allow me to continue.
Now the following year you were riding shotgun for the El Paso stage line.
No, sir.
No, sir. That ain't true.
I never rode no shotgun.
As I recollect,
I got me a stake there a-trappin' up around the Andres.
That was quite a stake.
The strongbox with more than $10,000 in government gold
was missing the day that you left.
Now you just back off, mister.
The point is, what difference does all this make anyway?
Even if Festus had been at every one of the places you got named there,
it still doesn't prove that he's Frank Eaton.
And that's who this warrant is made out for.
Mm.
Mr. Rand, you state that you were the clerk in charge of that baggage car
when it was forced open.
Now, memory does play tricks on a man after twelve years.
No, sir.
It's like it was yesterday.
I saw him and his men loot that car,
and before he left,
he points a forty-five and starts firing.
He meant to kill us all and he thought he had.
That there is the biggest bunch of hogwash I've ever heard.
Is this hogwash, Eaton?
I told you once: I ain't never saw you in my whole life.
And my name ain't Eaton.
Your Honor, I have depositions
from more than a score of people that this is Frank Eaton.
And we'll have six eye-witnesses to the murders in Rock Creek.
Now I ask that this man be remanded into my custody
as authorized by that warrant,
and transported to the Indian territory.
Now wait a minute. Judge...
I'm bound by law, Matt, to honor this warrant
when the identification of the man named appears reasonable.
Judge, I've known Festus Haggen for close to ten years.
There isn't a more honest man in this territory.
I can also vouch for that, but consider...
it's also to Mr. Haggen's benefit to clear up this misunderstanding.
Now isn't it far better for him to go to Rock Creek
then to live under a cloud here in Dodge City?
Well, maybe you're right.
But, Judge, I'll tell you one thing,
if he's going anywhere with somebody, I'd like to have
Deputy O'Brien here assigned to go along with him.
That won't be necessary.
How about it, Judge?
I see nothing wrong with having additional help, Mr. Doyle.
Well, I'll see you later.
I suggest you remove the prisoner's gun and place him in jail.
Well, Marshal, can I get anything for you?
No. No, thanks, Sam.
Kitty, maybe you can give me some information.
That arrest isn't gonna hold up, is it?
It looks that way.
It's a clear case of mistaken identity,
but it looks like Festus is going to be charged with three murders.
And if we can believe this fellow Doyle,
why, he's got six additional witnesses against him.
Now, Kitty, do you remember anything about a man named Joe Guthrie?
Guthrie?
The name's familiar but I can't place him.
Wasn't he a bartender at Bull's a few years back?
That's the one.
There was stories that his brother Karl was riding with Frank Eaton for a while.
But Karl Guthrie died in jail.
Well, I know that.
Can you remember anything about Joe Guthrie
that might pinpoint where he'd be now?
I'm afraid not, Marshal.
He had a bad reputation, but he's a pretty fair bartender.
And that's all I know.
Wait a minute.
Just a minute. Um...
I got a letter
from one of those saloons on the Old Post Road here,
oh, two or three years back.
Guthrie wanted a job, and he gave the Long Branch as a reference.
I wrote them back and told them that he'd never worked here.
Well, do you remember the name of the saloon?
Well, no, Matt.
I threw the letter away.
Well, there must be at least 20 saloons still operating on the Old Post Road.
Looks like I got my work cut out for me.
Well, what about Festus, Marshal?
Well, he may still have to stand trial.
And we were gonna celebrate Festus' birthday tomorrow night.
Oh.
This might not be up to Haggen standards.
Much obliged, Newly.
I reckon us Haggens
does drink coffee stouter than most folks,
all right.
Just keep thinking about what that Doyle said.
Sayin' that he'd saw me and...
and that Rand a-sayin' that he'd saw me, too.
Oh, I wouldn't worry about it.
There's six other people saying they know who Frank Eaton is.
They got to know you're not him.
Newly, do me a favor. Will you saddle my horse?
Yes, you bet.
Festus, I'm going to be gone for a few days.
I'm going to go through Rock Creek before any trial takes place,
if it comes to that.
All right, Matthew.
I'm going to be riding along the old Hays post road.
I'm looking for a man named Guthrie.
They said that his brother rode with Eaton.
If I can find him, I might get myself a lead.
Sure hoping you do, Matthew.
Now as far as Doyle is concerned,
he's as tough as they come, but he never forgets he's a lawman.
So the thing to do is just do what he says and don't cause him any trouble.
Yes, sir.
Matthew?
Don't you reckon you'd ought to be a-lockin' the door?
Newly,
if there's goin' to be a trial, you'll let us know, won't you?
You bet I will, Doc.
I hear there's some mighty good fishing in that area.
And I think it's true that you two
are sure goin' to be able to find it all right,
no doubt about that.
After a few apologies have been extended.
Man: They caught Frank Eaton!
They're bringing him in!
They're bringing Frank Eaton in.
They caught Frank Eaton.
They're bringing him in.
They're bringing Frank Eaton in.
Frank Eaton.
Why you bringing this scum back to town?
I hope they don't hang you, Eaton.
I want to see you walk these streets again free.
I want you for myself.
Luke, take the horses to the stable.
He give ya any trouble?
No.
Who is that crazy man back yonder, and what's he so riled up about?
You're never going to carry it off, Eaton.
That's a fair question that deserves an answer. Who is he?
Josh Walker.
Two of the counts of murder against Eaton are for killing his sons.
Take him inside and lock him up.
I'll go find Judge Clayborne and tell him we've arrived.
Sheriff, you got the makings for some coffee?
Rustle some up in a minute.
All right, sir, you do that, and I'll lock the prisoner up.
Newly...
I'm gettin' me an awful bad feelin' about this town.
It sure isn't too much, is it?
That ain't what I mean.
I mean I'm beginnin' to feel
mighty alone all of a sudden.
Your name Guthrie?
Yeah.
Good. I've been looking for you the better part of three days.
Why? I ain't done nothin'.
All right. If that's the case,
then I guess you won't mind answering a few questions.
Well, if it ain't anything more
than the time of day and weather you can keep 'em.
- Hey, look, you got no right... - I haven't got time to argue with you.
Now, I'm lookin' for information on a man named Frank Eaton.
Eaton?
I had no truck with him.
No, but your brother did.
He knew him well. He rode with him.
So?
So I'm lookin' for somebody who can identify him.
Not me, mister.
I never met him.
You're lying.
I ain't lying, so help me.
I never seen that man in my whole life.
Yeah, but your brother did.
He and Frank are real close, so you must have talked about him.
Sure, we talked, but...
All right, I'm looking for somebody who can identify him positively
in a court of law.
I don't know anybody like that.
Mister, everybody's got somebody.
Brother, sister, father, friend. Now come on!
All right, I...
I... I don't know if this'll do any good,
but Karl thought Eaton had a woman,
maybe a wife.
He was married?
Well, that's what my brother and the boys figured.
I mean, if you keep sending the same woman money while you're riding,
sometimes big money,
well, that figures to be a wife, don't it?
But she couldn't use the name "Mrs. Frank Eaton"?
No, no, no.
It was John... John... Johnson!
Johnson! That's it. That's the name she used.
Yeah. She built a weigh station with the money she got
down in Indian territory.
Whereabouts in Indian territory?
Well, it's the first weigh station out of Rock Creek.
Eaton used to rule the roost there.
Well, that's before he got into trouble killing a couple of fellas.
Uh-huh.
This happened a long time back.
You got a pretty good memory all of a sudden.
Heh.
Well, you see, uh,
my brother used to joke around a lot
about all the letters he had to write that Frank Eaton sent to her.
Why did your brother have to write the letters?
Well, Frank Eaton couldn't read or write.
Miss Kitty.
Hello, Newly.
Ah, thank you.
- Howdy, Newly. - Doc, good to see you.
Thank you, Newly.
You know, I could hardly believe my eyes when I read in the telegram
the trial was goin' to be tomorrow.
Oh, yes, sir. They selected a jury tonight
and even set up court in the lobby.
What kind of man is this Judge Clayborne?
Well, I guess you'd say he's impatient.
He's got trial dates set all over the territory
and he don't believe in wasting a minute.
Festus got a lawyer?
Yes, sir.
Me.
Festus insisted. I keep telling him that reading law for a few months
doesn't qualify me to defend a man on trial for his life,
but he says nobody can speak up for a feller
better than a friend can.
Festus tell you that?
Yes, sir.
He's right.
Is Matt here?
Not yet.
But news of the trial dates were sent out over the wires
and I just got a telegram from him.
He said he'd be back sometime tomorrow.
Doc, I'm worried.
Of all the people that saw Festus being brought into town,
not one of them come forward to say there's a mistake being made.
Only about a hundred feet away.
Mr. Walker, I think you misunderstand the problem here.
No one is denying a man named Frank Eaton
cold-bloodedly shot your two sons.
You brought three witnesses in here...
before me... and you heard 'em.
They all swear
that this man right here is Frank Eaton!
One of 'em even said he shot off his arm.
Please calm yourself, Mr. Walker.
Well, we're not playing games here.
I buried my two boys...
and they never wore a gun.
Mr. Walker...
They just wouldn't step off a boardwalk,
that's all.
Liquor is no excuse... for a mature man...
to shoot down two boys...
that have a perfect right...
to walk the same side of the street.
Mr. Walker, please be seated.
Yes, sir.
Now...
you will either respond to the questions
or we'll call the next witness.
Yes, sir.
Proceed, Mr. O'Brien.
Mr. Festus Haggen, will you please stand up?
Your Honor,
I suggest the defendant either be addressed as such,
or by his name, Frank Eaton.
Any objections, Mr. O'Brien?
No, sir, except I have no intention
of addressing the defendant as Frank Eaton,
because that's not his name.
Man: Oh, come on. Everybody knows that's Frank Eaton.
Come on, let's get on. He's guilty! Let's hang him!
Proceed.
Mr. Walker, have you seen Frank Eaton many times?
No more'n three or four times.
Have you ever heard his voice?
I have.
Speak to the witness, Festus.
He don't have to speak to me.
Your Honor, Mr. Walker has already identified the defendant
as killing each of his sons in cold blood.
I have no objection whatever
to counsel seeking to obtain a reasonable number of reaffirmations.
Speak to the witness.
That there's what I've been a wanting to do all along.
Mr. Walker, I swear to the Almighty
I haven't never saw or been in this here town
in my whole life before,
and I swear to the Almighty
that I never laid eyes on them young'uns of yours,
let alone go a-shooting at 'em.
Look out!
- Let him hang. - Let him hang!
You swear to the Almighty
and you speak of my boys in the same breath.
Judge: Mr. Walker,
you are dismissed from these proceedings.
Your Honor, we must fully understand this man's emotions.
Court is in recess until 1:00.
We're here for you, Festus.
Don't worry, Miss Kitty.
Matthew, he'll...
Miss Johnson?
Yeah?
My name's Matt Dillon. I'm United States Marshal from Dodge City.
So?
You alone here?
That's right.
Take care of this whole place yourself, do you?
Do the cookin'.
Drivers handle the horses.
Well, now that we got that out of the way, what's your business?
You hear about the trial that's going on over in Rock Creek today?
Don't hear much out here.
There's a man being tried over there as Frank Eaton.
No concern of mine.
Mrs. Eaton.
I think this is a concern of yours.
I'm guessing that Frank married you.
My husband's name was Jack Johnson.
And he died more than five years ago.
Mrs. Eaton, there's a man on trial for murder up there in Rock Creek.
His life may be at stake.
That's his worry.
You know, Mrs. Eaton, all that money you received in those days,
that might make you an accessory to robbery and murder.
Look, I... Well, he's... He's what?
He's dead.
He died more than five years ago,
and I didn't know where no money he sent me came from.
Frank Eaton is dead?
Died in Sonora.
Friends buried him and... And told me passing up this way.
All right, then that's something you can testify to in court.
Oh, mister, I don't like no courts.
I mean, those people starin' at me.
Well, I'm sorry, Mrs. Eaton, I'm afraid you don't have much choice.
Well, wait a minute.
I'll change my dress.
Don't talk to me about common sense.
I haven't heard any here today.
Your opinion of this court, Doctor Adams,
is not very flattering.
Well, it doesn't take any legal genius
to ascertain that the entire atmosphere here
is prejudicial to the defendant.
- Prejudicial? - Get out of here!
- We know who he is! - Guilty!
No further questions.
You will please step down.
Mr. O'Brien, do you further character witnesses to call?
Yes, Judge, I sure do.
Miss Kitty Russell, will you please take the stand?
I vote that we send Frank Eaton there back to Dodge City
in exchange for the saloon lady.
There's a terrible mistake being made here.
Why can't you accept a man leading a double life?
Being a bumbling Festus Haggen on the one hand in Dodge,
and a ruthless killer on the other?
Bumbling?
Look, let me tell you something.
Festus is not an educated man.
But he's one of the smartest I've ever known.
Man: Smart enough to fool you, anyway!
I conclude my cross-examination of this witness.
You may step down, Miss Russell.
Mr. O'Brien?
Will the defendant please take the stand?
Man: What do you expect to get from him?
Man: I just want to watch him sweat!
Man 2: He'll sweat.
Place your left hand on the Bible.
Raise your right hand.
Do you swear to tell the truth, the whole truth,
and nothing but the truth, so help you God?
Yes, sir, I sure do.
Sorry to interrupt, Your Honor.
I have a witness here that may help clear up this whole situation.
This is Mrs. Frank Eaton.
- Man: her don't prove anything! - Frank!
Frank, I thought you were dead.
They... They told me you were dead.
Man: You see, it's him!
It's a waste of good lumber.
Old cottonwood just around the corner.
Doc, this whole thing is turning into a nightmare.
That woman had to be lying, Doyle.
There's no other explanation for it.
Marshal, I don't doubt your sincerity
in believing that Haggen is not Frank Eaton.
But he wouldn't be the first outlaw who would lead a double life.
Marshal, here's your return wire.
The governor's staying some place called Ada Springs.
He spends part of his summer up there.
About fifty miles due north of here.
Any telegraph there?
No.
The night stage makes a direct run there.
Pretty fast travelling if you want to send him a letter.
No, I want to talk to this governor face to face.
Festus, I'm going to try and get a stay of execution,
and I'm going to hope to get a retrial set for a different town.
We ain't got a whole lot of time, Matthew.
That there judge said
I was gonna hang on Monday.
I'll be back in town by mid-morning.
That there woman, Matthew,
why do you reckon she'd want to say I was her husband?
I don't know, Festus.
But that's something I'm going to find out about, too, when I get back.
Take it easy, huh?
They ain't got no right to do that.
No right or not,
Sheriff Buckley says that's what's going to be.
Somethin' sure smells, don't it?
Yeah.
The judge and the jury, they say hang.
Now all of a sudden he ain't gonna hang,
he's gonna get taken to another town.
All them gold trains that Frank Eaton robbed...
Sure seems funny to me
that he's got all them law men from Dodge City pullin' for him.
Yeah, ain't that something.
Frank Eaton buying his way out of it.
Well, there's a whole lot of people in this town, and me,
that say that he ain't gonna get away with it.
Man: Let's hang him!
Sounds like they're getting rope fever out there, Newly.
They must have found out the marshal's gone to the governor for a stay.
Makes a feller feel mighty naked all caged in here
and them out there squalling for a hangin'.
They're going to have to hang the both of us.
Doyle, bring him out here.
Bring him on out here!
Doyle, do you hear me? I said bring him out here.
Festus should have been moved to Sweet Water
as soon as that verdict come in.
I've handled mobs before.
Buckley...
No, sir. Not me.
I got to live in this town.
Doyle!
I said bring him out here.
You bar that door, then keep me covered.
All right, move on back.
Doyle, is what we've been hearin' straight?
Depends upon what you've been hearing.
I'll tell you what we've been hearin'.
That you're turning Frank Eaton loose,
after he's been sentenced to hang by the judge.
No one's freeing him.
Well then what's this about a new trial in a new town?
That's up to the governor.
Yeah, the talk is that Eaton's lining somebody's pockets with train gold.
What do you mean by that?
Well, suddenly there's a lot of people wearin' badges
that got a warm feeling towards Eaton.
Now is that meanin' plainer?
That's clear enough.
Now all of you, back to your business.
Our business is right here.
Now we're here to hang Eaton just like the judge said.
You'd better think over what it's going to cost you.
And make no mistake,
I'm using both barrels.
Festus...
out the back door, my horse is tied up.
I ain't gonna leave you here all by yourself.
Just do what I tell you.
Hide outside town until Marshal Dillon gets back.
Heave! Come on, heave!
- Get out of here! - Stop!
Stop it! Stop it!
Will you get him out of here?
Who's going to do that?
Well, now,
I'll be real happy to fire this other barrel.
This makes a total of three barrels.
We got any takers?
Anyone still here after the next twenty seconds
is gonna be runnin' ahead of buckshot.
What do you want here?
Well now, is that there any way
for a true, loving wife to greet her husband?
They let you go?
Let's just say the judge wouldn't be tickled to see me loose.
Yeah, with you escaping, you just better git.
Right after we do ourselves a little dab of jawin'.
Like why did you lie at that there trial?
I didn't lie, Frank.
You expectin' me to swallow that there bait, are ya?
It's been a long time.
Could be fifty years a woman married to a feller
and she ain't gonna be mistakin' nobody else for him.
Now, you're fixing to tell me why you lied at that there trial,
and then you're goin' back to town with me and tell the judge.
I ain't goin' nowhere with you.
Oh, yeah, you'll go with me, all right,
even if I have to take a hold to your hair and drag you back.
Man: That would be poor manners, mister.
When you told me what he looked like, I didn't believe it.
Without them mangy chin whiskers,
he'd be the spitting image of me.
Get his gun.
Well, it ain't no wonder I got mistook for you.
I ain't exactly flattered.
I ain't exactly flattered my own self.
Well, that's the way she goes, brother.
You got to admit, from my point of view, things couldn't be better.
'Course not.
They hang me and you're clear for the rest of your life.
That's the way she looks to me.
Of course your busting out of jail kind of messed things up.
'Course you'd a whole heap rather I'd get hung, wouldn't you?
That way it'd be all legal and proper tied up.
How did you get out?
Maybe they let me out.
Did you ever think of that?
Maybe there's some folks
that's kind of figured out what's going on.
Maybe he's telling the truth, Frank.
Maybe they know you're here and they set him free to smoke you out.
All right.
First sign of a posse, he gets a bullet.
With you standing over him claiming he come after you
for identifying him in court.
It's the mail stage.
In the bedroom.
Hup!
Hup!
Whoa!
Chance to stretch your legs, folks, while we water up.
Last leg into Rock Creek.
Ah, good morning, Mrs. Johnson.
Mornin', Scotty.
How'd the trip go?
It's hot out there, you know.
It's not much better here.
Tell me somethin', Eaton,
you ain't been a-hidin' out right here for all these years?
Living in Mexico.
Just come up to see Susie once in a while.
You know, I've been hearing about that trial you've got goin'.
Oh, mind to stretch your legs, Marshal. We got a couple of minutes.
Mrs. Eaton.
Well, you'll be glad to know I was able to get a stay of execution
for your husband.
That's... That's real fine.
Also a retrial.
It's gonna be held in Ada Springs.
Is this here just an accident,
or did you hear about me being mistook for you
clean to Mexico?
I got big ears.
I don't reckon you'd care none, neither, if a feller was to hang in your place?
Open your mouth
and I'll drop him where he stands.
My deputy Newly O'Brien been around here?
No reason to.
You folks ready? We'll move out.
Well, that's real good news, Marshal.
About Frank getting a new trial.
Hyah!
It was the Dodge Marshal. Goin' to be a new trial, he says.
Lucky man.
A bullet's a lot better than a rope
once that marshal gets out of hearing range.
They're out of sight.
Is there a Marshal Dillon aboard?
He was, but he got off after the weigh station.
- What for? - He didn't say.
Hold it.
How bad you hit, Festus?
He just creased my ribs, Matthew.
Well, Newly, she's all over.
Not much to say, is there?
Well, if that ain't the purdiest thing I've ever saw.
Golly Bill.
I just don't know what all to say.
Well, don't say anything.
Good heavens, let's get started.
My mouth's been watering ever since I saw Kitty
putting those strawberries on the top and all that creamy stuff.
Yeah, and eating half of them while watching.
How old, Festus? You gonna tell us?
Well, let me see.
It was about the same time that Mama's old sow
had that record litter of pigs.
What a remarkable way to remember a birthday.
Festus, why don't you just make a wish and blow out the candles?
Oh, yeah.
Let me see here now, what'll I wish?
Oh, I got me a good one. I got me a good one.
Well... he's back.
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