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Whoa!
Let me give you a hand.
Well, bless my soul.
There's a reception committee.
- Matt. - Hello, Judge.
- Festus. - Good to see you, Judge.
Oh, it's a pleasure to see you too.
Same here, how was the trip?
Always the same.
Hot and dusty.
But it's worth it to see old friends again.
How's Doc Adams?
Oh, that old scutter, same as always,
stubborner than my mule.
He said to tell you he wished he could be here
to meet you but he's got a patient.
He wants you to come up and see him when you get ready.
I'll just do that.
Well, Matt the town seems quiet, but I wager the cases
waiting are just same, huh?
Well, we've been pretty lucky lately, Judge.
All except for Judge Brooker being sick.
Judge, I'll take your grips on over to the Dodge House.
Thanks, Festus.
Judge, why don't you and Doc stop over at the Long Branch
when you get settled.
We'll just do that.
How's Mrs. Kendall?
She's...
Mrs. Kendall passed away several months ago, Matt.
Sorry to hear it, Judge.
Yes, thank you.
It was a great loss to me.
Well, I'll just settle in and meet you later.
Good, Judge.
- How bout a beer, young fella? - Yeah, why not.
Judge on the stage?
Yeah, they just got here.
He and Doc are coming over for a drink.
Beer, Marshal?
All right, Floyd.
There she is!
Just look at this.
Thirty-five hundred dollars.
Frank, where'd you get that?
I just sold all my cattle, that's all.
Just wait till next year. I'm gonna have twice the count.
Round for the house and I'm buying.
- Sure thing, Frank. - Thanks, Frank.
I sure do fancy a drink.
You know, I can hardly believe this.
Lots of times me and Agnes almost quit.
But it looks like this is gonna put us
on the black side of the ledger for a change.
You know Frank, there's a lot of folks
got a lot less problems than you and Agnes.
They moved out of here.
Well, without her I'd a lit out long ago.
She's got more steel than a train.
- Give her our best, Frank. - I'll do that.
If I was you, though, I'd stop by the bank.
That's a lot of cash.
Well, bank's closed.
You know how them bankers is.
But don't you worry, I don't carry this gun for balance.
Well, best be going.
I got cattle to load.
Be and sure and say hello to Agnes.
- Take her easy, Frank. - Yes sir.
That's the kinda man I like.
More dollars than sense.
Is that Emmet Cassinger and his sons?
It sure is.
They're a long way from home, aren't they?
Yeah, last I heard of them they were in the Dakotas.
You want me to stick around?
Yeah, maybe you better.
Pa, we got us a badge coming.
Badge makes a fine target.
I don't want none of that.
There's one of him, I can take care...
Sit down, sit down!
Put your hands on the table, boys.
Hello, Marshal.
Dillon, ain't it?
Get 'em on the table.
Boys.
I gotta tell ya, marshal,
I don't quite understand this.
We're just poor honest folks passing through.
You're gonna keep right on passin'.
Feisty, ain't he?
Like a fresh broke pony.
We just thought this was a peaceful little town,
thought we'd rest a spell.
They didn't want you in Dakota and we don't want you here.
We ain't done nothing.
Ain't no writs out on us.
If there was, you'd be over in jail.
Right now, you got five minutes to get outta Dodge.
Now, that sounds like the invitation to the dance,
don't it?
You want to be first, sonny?
Hold up, hold it, hold it, hold it!
Now look here, we... like I said, we ain't nothing but
poor, honest folks.
We don't tarry where we ain't wanted, so...
we'll, we'll just mosey on out of town.
Come on, boys.
What in the Sam Hill's going...?
Move it.
Matthew, ain't that Emmet Cassinger and his boys?
Yeah.
How long they been in town?
I don't know, but they're on their way out.
I don't think so.
Marshal, maybe we'll have the good luck to meet again.
You know who the Cassinger's are?
Been accused of just about everything in the book.
- And they always have alibis. - Yeah.
Oh Newly, I almost forgot, I've got that medicine
for Mrs. Rinager and I know it's late,
but I'd like her to get it tonight.
On my way, Doc.
We're gonna have to keep a sharp look out for a few days.
Those Cassinger's may decide to double back.
Judge, let's have a drink.
That man Dillon turns my belly sour.
He ain't got an ounce of decency in him.
I'd sure like to close his eyes for him, Pa.
I'd like to give him a third eye myself,
but we got other stuff to tend to now.
Come on!
Frank!
Come on honey, it's ready!
You have gone and outdid yourself, Agnes,
and that's saying something.
You haven't even tasted it yet, come on, sit down.
I can't.
- My hands is full. - What?
With this, it's for you.
Oh Frank.
Oh you shouldn't buy me frivols.
What I buy you ain't frivols.
Besides, I ain't been able to buy nothing for a long time
and it's different now.
It's such a pretty package.
Go on, open it.
Ain't nothing but a new nutmeg grinder, anyhow.
Oh!
Frank.
Oh, that's beautiful!
Oh, my goodness!
But I didn't need this.
If you needed it, it wouldn't be a proper gift.
You remembered.
Couldn't forget your favorite now, could I?
Not when they played it on our wedding night.
Oh Frank...
I'll treasure this till the day I die.
Just like I do you.
Things been awful hard on you out here, Agnes.
But they're gonna be brighter from here on out.
I believe we got her licked now!
Well, now.
What do you want?
We want that money you left town with.
That plain enough?
You get outta here!
Everywhere we go, people tell us to get out.
I can't understand why they don't want us to stay.
We'll get out when we got what we come for and not until.
Now where is it?
Left it in town with a friend.
You're lying.
Boys get to lookin' for it while I guard these two heroes!
What's in there?
Mr. Benton, you seem like an easy man to get along with.
But I'm beginning to lose my patience.
- Buddy, it's not here. - Sure it is!
You left with it, didn't ya?
Please, it's all we have.
Don't you say another word, lady.
Well now Cory, let's see which one he values most,
his money or his wife.
Just take the tip of her ear off to begin with.
Which ear you want Daddy, the left or the right?
No, I'll tell you where it is.
You've got to promise not to hurt her.
Leave us be.
Well now, I'm a reasonable man.
I promise.
I want you to swear it on a Bible, Bible over yonder.
Well, my momma raised a good Christian boy.
I'll do it, get it.
I swear before God that I'll not harm ya.
Now where is it?
Down in the well, tied on a long string.
Duffy, Cory go get it!
Best fishin' I ever done.
Now, ain't that pretty.
Sure is good, Pa.
You make a fine biscuit, ma'am.
We got it, Pa.
Now leave us alone, please.
That ain't a very neighborly thing to say.
We got to be gettin' on our way
as soon as we finish up here.
Frank!
You've killed him!
That wasn't bad shootin', Pa.
You swore you wouldn't hurt him!
Well, see, see swearin's for honest folks.
As you can see, we ain't that by a mile and a half.
I regret we don't have more time to stay
and get better acquainted.
You're a fine, comely woman.
It's a pure waste.
Well.
Boys, ain't nobody gonna never know this was nothing
but one big fire tragedy.
Burn it.
Pa, I forgot my hat.
Hold it!
Come on, Alf!
How bad is it, boy?
Feels like he hit me with a cannon ball.
You and that damn hat of yours almost got us all killed.
I paid $12.00 for that hat back in Amarillo.
We shoulda rolled in and gunned down whoever was back there, Pa.
Sure, except whoever he was,
he knowed something about night shootin'
and he had cover.
He'd a cut us down like shacklings.
We best keep riding, huh Pa?
No.
Not with a 44 slug in your brother's shoulder.
What, then?
Every badge in the state'll be looking for four running men
with one wounded and $3,500.00 cash.
Pa, let's split up the money
and ride in different directions.
No, don't you see a running man is a guilty man.
They ain't never saw none of our faces.
We'll stay right here and play like we been here
ever since Dillon run us out of town.
They can't prove we was within 20 miles of that ranch.
The law'll track us, Pa!
It can't with this raining!
They ain't got no tracks, they ain't got no money,
they can't prove nothing!
You take this money outside and bury it.
It's raining out, Pa.
I'll do the figurin'.
You do what I tell ya!
That goes for all of ya.
Now get!
You couldn't see who they were?
No sir, by the fire light, though,
it sort of looked like the one I shot was Alf Cassinger
and there was four of 'em.
Sure sounds like their doings, don't it?
I'm sorry I didn't go after the others,
but I figured it was more important getting Mrs. Benton
on back here to see Doc.
- You did the right thing, Newly, thanks. - All right, Marshal, Festus.
Mrs. Benton's still alive.
How is she, Doc?
Critical, Matt.
Anything we can do to help?
No Judge, afraid not.
It's a terrible thing.
Newly thinks it mighta been the Cassingers.
Bunch of vultures.
When are you leaving?
Right now.
We're gonna head out to Bentons', see if we can pick up their trail
if this rain hasn't washed out their tracks.
Matt, I prefer you bring them in alive.
We will if we can, Judge.
There she is Alf.
I oughta been a doctor.
- You want that for a keepsake? - No.
I just want to put it back in the man who put it in me.
Well, now...
now we're gonna see if that hat was worth this hole.
Quit jabbering, Pa, and have done with it.
There you are, good as new.
Phew!
Alf, you stink worse than a gut wagon.
Pa, soon as Alf's fit to ride,
we best light on outta here.
We ain't going nowhere without the money.
We ain't going nowhere with it until it's safe.
I can't stand this waitin' around, Pa!
Beats hangin', don't it?
Pa, listen to me.
Listen to me one time, boy.
We done everything there is to do,
and we ain't never been caught
because I been the one that does all the figurin'
and that's the way it's gonna stay.
Now, have you got that?
- Yeah, I got it. - Good.
- Pa? - Eh?
You reckon the laws are lookin' out now for us?
You can bet a silver saddle on that.
But just remember one thing...
we ain't done nothing.
They're there all right, that's their horses.
It's kinda strange they'd hole up so close to Dodge City.
What do you want us to do, Matthew?
Festus, you head around that way.
Newly and I'll go straight in.
We'll call 'em out when we're ready.
All right, you Cassingers!
Come out with your hands up, U.S. Marshals!
Appears like we got a little company, boys.
Put your gun away.
Just remember... we ain't done nothing.
- What do you want? - You're under arrest!
What are you arresting us for?
Suspicion of robbery, arson, murder
and a few other things!
Who we supposed to kill?
Frank Benton.
You made a mistake this time, Cassinger.
You left a witness alive.
Don't try it, youngun'.
Ain't no more than a step and a half
from a hole in the ground right now.
Get their guns.
We ain't done nothing, Dillon.
We've been right here since your kind invite to leave town.
You saw Benton with the money.
Last night he was robbed and killed.
That deputy here, shot one of them that did it.
Looks like it mighta been him.
You know something, I must be gettin' old and careless.
Last night I was cleaning my gun,
it went off and shot poor Alf here.
That's right, Dillon.
- You're lying. - Prove it.
Cuff him.
Why didn't you get a doctor if you shot your son?
We ain't got no money.
Besides, I took the bullet out myself.
I can do stuff like that.
Yeah, I'll bet you do.
You just can't abide leavin' poor honest folks alone,
can ya Dillon?
We'd a done what you said, we'd a been running like deers.
Let's go.
Dillon, you ain't much of a marshal.
You were doin' your job right,
you'd be out lookin' for the real killer.
Pa.
That woman...
she'll hang us.
You're a fool.
He just said that to scare us.
Make us say something.
You know, I don't shoot nobody unless I kill 'em.
Yeah, if she ain't dead...
we are.
How is she, Doc?
Not good, not good at all.
Matt?
From what you've told me, if she can't identify them
we don't have much to hold them on.
Especially since Newly can't positively identify Alf
and the money hasn't been found.
Judge, there's a million places out there where
they coulda hidden it.
John, if she can't identify 'em, what are you gonna do?
Can't bring men to trial just on the strength
of slovenly reputations.
A law student could win the case for them.
I'd have to free them.
Doc, let me ask you something,
if I brought the Cassingers here and she saw 'em,
do you think that might make her talk?
If she recognized them.
I know you're not gonna like this,
but I'm gonna ask you to let me bring them here.
Galen, it may be our only chance.
Bring 'em over.
John, coffee?
Thanks.
Shame.
Yeah, she's quite a fine woman.
Strange, but it reminds me somewhat of how Mary died.
She was so alive one moment
and in a coma and never came out of it.
I wish you had written me.
I should have, but I couldn't.
It was so hard for me to accept.
Perhaps I still haven't.
Forty years with a woman and then...
almost like overnight, she's gone.
Still difficult for me.
Mary and the law were my life.
Now... it's just the law.
Sometimes I think I hear her voice...
or her footsteps.
Or late at night I reach over, thinking she's beside me.
So, I shouldered as much work as I can
and it helps... some.
John, here, here.
Sit down, sit down.
Just sit down.
I've had a long trip.
Here, here, let me have that.
It's something to settle me down.
Well, let me see.
Settle you down?
I never heard anything so ridiculous in my life.
Oil of foxglove, digitalis?
Well, now that's a stimulant for your heart, you know that.
It's almost gone, as you can see.
Will you oblige an old friend?
I certainly can.
What are you gonna do with that?
- Examine you. - No you're not.
John, I'm not in the habit of dispensing drugs
without knowing the reason why
and that goes for old friends.
There's no need to waste your time examining me.
I insist on it.
All right.
But I want your word not to speak of this.
Law is all I have left.
I don't want to be removed from the bench.
John, you know better than to say a thing like that to me.
You know that anything I discover in examining you
is privileged information.
I know Galen, I just wanted to be sure you did.
Now we're gonna start all over again.
Tell me all about it,
right from the beginning.
Since Mary's death I haven't been feeling well.
A few months ago I... in St. Louis,
I went to a doctor.
He called in a battery of consultants.
Verdict?
Myocarditis.
And what was their prognosis?
At best a few months.
That was then.
Now I suppose it's a matter of weeks or even days.
Can we see her, Doc?
Well, hold on a minute here, just hold on.
And who might this gentlemen be in the fine cloth?
That's the man who's fixin' to hang you.
A judge?
Judge, this marshal's been pestering us poor folks.
You're lucky it's Matt Dillon.
Some officers I know would do more than pester you,
considering all the things you've done.
Ain't none of it ever been proved.
They're just after us then like they're after us now.
Killed all the witnesses, more nearly the truth.
We never done no such a thing.
Matt, all right now, come in.
Let's go.
Mrs. Benton, Mrs. Benton...
Marshal's here.
He'd like to ask you a question.
Mrs. Benton?
I want you to take a look at these men here.
Tell me if you recognize any of them.
Did they do this to you?
No, Matt, no, that's all, that's all.
See, that proves it, she didn't recognize none of us,
hide nor hair.
Let's go.
Well I, suppose that means you're gonna release 'em?
If Mrs. Benton doesn't live to identify them,
we won't have enough evidence to hold them for an inquest
much less a trial.
Not very just, is it?
No. But it's the law.
I'd best get back to the jail.
Oh, would you get that digitalis for me?
Oh yeah, sure.
Here you are, John.
Now if you need more, just let me know.
Thanks, Galen.
Let's hope this will be sufficient.
Goodnight, John.
Marshal.
- What is it, Burke? - Take a look, look at this.
Look at that last line.
"Horse stolen from the Elsworth way station."
That's right and that horse is right here,
right in Hank's stables, big as life.
Are you certain?
Of course I am, look a here.
A gray with a flying seven on the right flank.
Not to mention the Adam's Express brand.
You know who's riding that horse?
Sure do. Hank told me it was Cory Cassinger.
Well Matt, it looks like you've got yourself
a horse thief already locked up.
Thanks, Burke.
Well, come to cut us loose?
Where'd you get that gray horse you been riding, Cory?
- Got him in Lincoln. - How long ago?
I don't know, five, six weeks maybe.
You got a bill of sale for it?
I lost it.
I'm charging you with horse theft.
That's a lie!
I paid $50.00 for that horse, Pa.
You'll have a chance to prove that in court.
What are they talking about?
Did you steal that horse?
How'd I know I'd get caught?
Ain't I taught you better than that?
You don't never steal nobody's horse
unless you kill 'em first!
Ain't there nothing we can do, Pa?
He's such a jackass, he don't deserve it!
I'll try to get you off light,
I'll talk to the judge personal.
You mean like that time down to Laredo
when you told the judge iffin he didn't set me free
you'd see to it that his woman and his little girl
ended up in a box?
Just like that.
Kinda friendly like.
- Morning. - Hello, Doc.
- Galen. - Judge.
Mrs. Benton just died.
Did she say anything, Doc?
Not a word.
Matt, I hate this, but without any proof,
you'll have to free the Cassingers.
I understand, Judge.
You know, that's the hardest part of this job.
Can't stand the thought of lettin' a man like Cassinger go
when you know he's guilty.
Makes a joke out of the law.
Thanks, Ray.
They won't all walk away.
But Cory.
A few years in prison.
Small payment for what he did here.
You'll have to turn that other trash loose.
You know, I've had to do a lot of things in my life I didn't like,
but this really goes against my grain.
I know how you feel Matt, but...
if good men can bend the law for what they believe to be just reasons,
bad men can bend it for unjust reasons.
Come on.
All right, we'll see you later.
We'll be having our guns back, Dillon.
You get your guns back after the trial,
just before you leave town.
Now, get outta here.
Come on, boys.
You can't run them out, Matt.
Why not?
Well, legally they haven't done anything.
You can't force them to leave.
Judge, if I let them stay,
they're gonna cause a lot more trouble, you know that.
Matt, if I have to, I'll issue a restraining order against you.
Don't make me do that.
If you need me, I'll be at the hotel.
Take a good look around boys.
You see a whole town that's gonna be powerful sorry
they treated us Cassingers like dirt.
Pa, why don't we get us a packet of poison
and throw it in the town drinking water?
That's a fine idea.
See 'em all just rollin' around on the ground,
screamin' and hollerin', twistin' this way and that,
holding their bellies and kickin' in the dust.
There he is, Pa.
I got me some talking to do.
See a badge coming, just whistle.
Could I have a little friendly talk with you?
We have nothing to talk about.
I think different.
Let me tell you something,
if you don't take it easy
with my boy Cory tomorrow, and I mean real easy,
you're gonna have sore regrets.
Threatening me is a criminal offense.
Oh no, no, no, I'm not threatening you.
I'm promising you.
I'll make it a personal chore
to shoot out your liver and your lights.
I see you're gettin' the message.
I'll see you tomorrow.
Sir, have you reached a verdict?
Yes we have, Your Honor.
We find the defendant guilty of horse stealin' as charged.
That don't sound good to me, Pa.
Don't worry about it, they gotta go through this.
I told you, it's all fixed, Cory's gonna get off light.
Mr. Snood, will you and the defendant approach the bench?
Yes, sir.
Cory Cassinger, you've been duly represented by attorney,
tried and found guilty by a jury.
He's probably fixin' it up right now.
I bet you he don't get more than a year.
Now before I pass sentence,
I should like to ask your cooperation.
What is that?
Mr. Snood, if your client will agree to testify
at the inquest into the Benton murders,
I will reduce the severity of this sentence
and grant immunity in the matter of the Bentons.
- Cory what he means is... - I know what he means.
He wants me to help hang my Pa and my brothers
so I don't go to jail for a long time.
I don't think you quite understand.
If you do not agree to cooperate with this court,
I do not intend to merely sentence you
to a long prison term.
I intend to hang you.
With respect, Your Honor,
that is a most harsh penalty for horse theft.
Nevertheless Mr. Snood, Kansas law is explicit.
The penalty of hanging is available in this crime.
You should be aware of that.
Yes, sir, I know, but...
Mr. Cassinger I shall give you time to think on it.
I don't need no time to wait.
These my family.
Then, what is your answer?
You get on a fast horse and ride straight to hell, Your Honor.
So be it.
Counsel, you may leave the bench.
I shall pass sentence.
Cory Cassinger, it is the decision of this court
that you shall be removed to the city of Hays, Kansas,
where upon the third day of August, 1873,
you shall be hanged by the neck until dead.
Judge boys!
May Lord have mercy on your soul.
Remember me Kendall, remember!
All right, we've gone far enough.
What we gonna do about Cory, Pa?
Well, I ain't sure yet.
But that boy ain't gonna hang.
They gotta get him out of Dodge
and up to Hays some way or another.
Could be on a stage, could be on a train,
could be on a horse with a heavy guard.
However it is, we'll be there waiting for 'em.
Pa, if we don't know what they're gonna do,
how we gonna know they're taking him?
I'll sneak back into town tonight.
They won't see just one of us if we're careful.
Anything pops, I'll come get you boys.
What about that old judge, Pa?
We get Cory back, Judge Kendall ain't gonna be nothing
but stinkin' meat.
John, I just want you to know that
I'm aware of the fact that that was
a very, very tough decision you had to make today.
The law can be a disagreeable thing.
One day the Cassingers will make a mistake,
a fatal one.
Well, let's hope that not too many innocent people
have to die before that.
Only God can answer that, Galen.
Let's hope none.
Well, do you have to leave so soon, John?
I've got some papers to attend to,
some letters to write.
You haven't touched your brandy.
Later perhaps.
Well, now hold on just a minute, hold on now.
Take care of yourself.
It's more important you take care of yourself.
A judge can leave or retire or pass away
and they'll soon have another one.
But a doctor...
no one sends out another doctor.
Out here they're hard to come by.
John, you're taking the noon stage tomorrow?
Let's have breakfast in the morning.
In the morning.
Galen...
I want you to know how good it's been to see you again.
- Good morning, Judge. - Good morning, Festus.
You're up kinda early, ain't ya?
Oh, I didn't sleep very well, Festus,
so I thought I might as well come over and work on my papers.
Can I get you a cup of coffee?
No, thank you.
May I use the desk?
Of course, go ahead on, I ainโt been doing nothing
but resting my feet on it all night.
Where's Matt and Newly?
Well, they went over to Delmonico's to eat breakfast.
Why don't you go over and join 'em?
Oh, I reckon I better stay here
and keep an eyeball peeled on Cory.
Well, I can do that.
I'll be here anyway. Go ahead.
Well, much obliged to you, Judge.
Reckon I could stand a little biscuit and red eye gravy,
little grits and some eggs and ham.
What do you want?
You.
What's them for?
I'm taking you up to Hays.
You're crazy.
I ain't going nowhere.
Put on those handcuffs.
Why don't you go and jump off a cliff.
Now, hold it Judge, hold it.
I'll do it.
Just be careful with that gun, it might go off.
I assure it can and will.
Quicker!
We've got a long ride.
You ain't gonna get away with this.
This ain't legal.
Understand me, you make one sound as we leave here,
and it'll be your last.
You're gonna get yours, Kendall.
- My Pa'll see to that. - We'll see.
Go on, move!
Well now, ain't you smart?
Biscuit's pretty good.
Yeah, much obliged for them vittles, Matthew.
Hey, where you...
Told you you wouldn't get away with this, Judge.
My Pa and my brothers ain't about to see me hang.
One more word outta you and you won't need a rope.
Kendall!
Let us have Cory and we won't do you no harm!
I swear it!
I know you got a lick of sense left in ya, Judge.
You better do as he says.
It's the only chance you've got, come on.
Well, maybe you're right.
Looks like you've got me up a tree.
Pa!
I got him, I got him!
Let's go get Cory and get that money and ride.
What about doing for Dodge?
We'll come back in a couple of months
and burn it to the ground.
My boys.
They'll live, Cassinger.
They'll live long enough to hang, just like you.
It was that judge, he done it all.
He set us up.
I reckon that's just what he done.
You're all the same, the law.
I never did understand why it means so much to ya!
That there's just the pity of it, Cassinger.
Men like you never do.
Judge.
This time you saw them shoot me, Matt.
Will you testify?
Sure.
I'll testify.
It was my duty.
Why, Judge?
Why let 'em kill ya?
Ask Galen...
Adams.
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