Original subtitles

Starring James Arness as Matt Dillon.

Hah! Go!

Hyah!

There's only four of 'em.

They've rustled their last head of Rucker beef.

Let's get 'em.

♪♪

♪♪

Hyah!

There he goes.

Jed Bailey. So you're one of 'em.

One of them? One of what?!

I don't know what you're talking about!

You've stolen your last cow from me.

I wasn't rustling no cattle!

- How come you were running off? - Well, you were shooting at me!

You were mighty quick to start shooting.

Well, you started shooting first, Gabe.

If you did nothing wrong, why did you keep running?

Well, I didn't know it was you shooting at me!

Ben, I didn't rustle no cattle!

- You're a liar! - Get the rope.

- Get him on the horse. - Wait, wait-wait a minute, whoa.

Wait a minute! What are you doing?!

Let me be! I didn't rustle no cattle!

You ain't gonna hang me, Ben! Ben, it ain't right!

Ben, you ain't gonna hang me!

I ain't never rustled your cattle, Ben!

- Get it up over that big branch there. - Ben!

Ben, you ain't doing the right thing!

No! Ben, don't do it! Ben!

All right, Ben.

No, Ben, don't do this.

Ben. You're hanging an innocent man, Ben!

I'm innocent! Please don't do this, Ben!

Ben, you're hanging an innocent man!

Ben, I'm innocent!

Hyah! Hyah!

Fourth man get away?

Yeah.

He picked up with the other one at south point.

The other one?

Well, there were no other...

Ben.

Ben, it's done and nothing's gonna undo it.

There were no witnesses.

Nobody's ever gonna know it even happened.

Exceptin' us.

Well, what would you have us do?

Go out there and cut down the body,

then take it into town and tell the marshal

we just hung an innocent man by mistake?

Then ride out pretty as you please?

That'd mean we'd hang. Is that what you want?

You know I don't.

Then what are we supposed to do?

I don't know.

All right, we done wrong.

But Ben's worked a lifetime for this ranch...

Worked with his sweat and blood!

He shouldn't have to give it up for one Jed Bailey.

You're worth a hundred of him!

We worked too hard to give up everything.

And we ain't going to.

Ben...

Now, I've heard enough talk.

You boys hitch up the team.

We got to get them dead rustlers into town.

Coming?

Seth.

Go on.

Ain't from around these parts.

Well, let's get 'em into town

and turn 'em over to the marshal.

Where you going?

Gonna bury Bailey.

Least we can do is give him a decent burial.

- That's kind of foolish, ain't it? - No.

Supposing somebody sees you.

Seth's right.

Man's entitled to a decent burial.

Go ahead, son.

Better give your brother a hand.

Hyah!

Been cut.

Now, who'd want Bailey's body?

Yeah.

And why?

That $500 gonna look pretty good, eh, Whitey?

Make me so mad I could smoke a pickle.

Come on, Whitey.

Howdy, fellas.

Howdy.

Is the marshal around?

Yeah, he's around. Why?

Name's Silas Shute,

and I'm here to collect my reward on this fella.

You a bounty hunter? Who is he?

Well, his name was Jake Daniels.

Where'd you get him?

South of here, in Barranca country.

That's out where the Ruckers' spread.

I was gonna bring him in breathing but, uh,

he put up a little fight,

tried to make a break for it and I killed him with one shot.

I'm still pretty handy with this here thing.

- Festus, here. - Had to walk all the way into town.

- That Jed Bailey? - But my bunions...

Well, of course it is.

Course it is what?

This here's Jed Bailey.

This here ain't Jake Daniels.

Well, mister...

you just take a look here and...

tell me if that there is your Jed Bailey.

He does look a good bit like Jed Bailey,

don't he, Matthew?

Yeah, there's a resemblance there, all right.

Mister, I hate to tell you this,

but the man that you killed is not Jake Daniels.

You trying to get out of paying me that reward money?

Man you killed's named Jed Bailey,

and he's not a wanted man.

This ain't... ain't Daniels?

Well, the poster... It looks just like him.

Appears like your bounty hunting days about over, Mr. Shute.

You just killed yourself

an innocent man is what you done.

Let's go.

Uh...

about time I started telling a little truth, I guess.

I really didn't kill him, Marshal.

What?

I said I didn't kill him!

Whoa, now, just hold on.

Right out yonder you told me and ol' Doc and ol' Nathan Burke

that you did kill him.

I don't care what you and Doc and whoever he was

heared what I said... I didn't kill him!

He was already dead when I found him,

hanging from a tree.

- Hanging from a tree? - That's right.

I was just riding along

when I see this feller hanging from a tree,

so I rode up where I could get a better look at him,

and... and he looked just like Jake Daniels.

Wait just a minute, now.

You trying to tell us that you found a man

a-hanging from a tree, already dead,

you cut him down and shot him?

That's just what I done.

Yourself.

- What'd you do that for? - Well, I couldn't very likely

claim I hung him all by myself, could I?

All right, all right!

Take me back out yonder

and I'll show you the tree where the rope is.

I don't see no rope.

It was hanging from that limb, right there.

You sure this is the right tree?

Sure I'm sure! This is the one.

Somebody took that rope, Marshal.

He was hanging from that limb, right there.

All right, let's go.

How many cows did they get?

None this time.

Two of them thieves got away.

These two ain't gonna be doing no more rustling.

Seems to be the day for bringing in bodies.

I got Jed Bailey inside, too.

Who?

Jed Bailey?

Some bounty hunter shot him, thinking he was Jake Daniels.

Sh... Shot him, huh?

Yeah. Out near your place.

My place?

Yeah, that's what I heard.

Well, seems like there's a lot of doings

out there this morning, don't it?

Bailey wasn't much account,

but he didn't deserve to get shot.

Well, bring 'em on in.

Ben...

What kind of man cuts down a dead body

and shoots him?

When does a feller get something to eat around this place?

You get something to eat

when the vittles gets here, that's when.

Well, uh, Festus, while we waiting for 'em,

why don't you get me a little bit my 'lixir, huh?

Just a little bit.

I've told you time and time again that Matthew

don't allow no 'lixir drinking in the jailhouse.

Now, I mean it.

Well, this ain't for drinking, Festus, this is

my wheezing.

My... my wheezing.

Wheeze.

You ornery ol' scamp, you.

Who you calling old?

You, that's who.

Eh...

I can see right now I ain't fixin'

to get a fair trial in this town.

You're just blame lucky to get a trial at all,

I'll tell you that.

That feller got himself hung, I told you.

Oh, yeah, of course he did, without no rope.

Somebody took that rope.

And whoever took it knows that I'm an innocent man.

Just a-rotting in here in this rotten jail of yours.

Well, that rips it!

Now, how could you be rotting in jail?

You ain't been here but a couple hours,

and don't you go a-calling this here jail rotten,

or I'll get on you like ugly on a ape.

Yeah, you just try it and I'll knock knots on your head

faster than you can rub 'em.

Will that be all tonight, Marshal?

Yeah, that'll be all, Percy, thanks.

Good night, Marshal. Good night, Doc.

Good night, Percy.

Well, Matt, you saw for yourself

those bruises on his neck look like rope burns, don't they?

Yeah, they sure do.

Neck's broken, too.

Well, in his original story, Doc,

old Silas claims he shot the man off a running horse.

Now, could that account for the broken neck?

Well... hanging's a lot more likely.

Well, yeah, but then if Silas is telling the truth,

what's Jed Bailey doing hanging from a tree

on the Rucker's land?

You don't expect me to answer that one, do you?

Maybe the Ruckers can.

I sure hope so.

Night, Matt.

Good night, Doc.

All right.

All right.

There ain't nothing to think about.

We're in the clear, can't you understand that?

Nobody suspects us, huh?

That's right. Not unless you keep behaving the way you do,

and then somebody's gonna know something's wrong.

Don't you tell me about what's wrong.

We're already hung one innocent man,

we're about to hang another one!

I thought we settled all this once.

Well, now he's feeling sorry for that bounty hunter.

Seth...

the world's better off without his kind.

Or Bailey's.

That's the way it is,

why do we stop with Jed Bailey or Mr. Shute?

Why don't we just go out and kill everybody?!

- Kill ev... - Look!

Either the bounty hunter hangs or me and Pa hang!

Why do you keep saying that, Gabe?

'Cause that's the facts of life.

You might feel a little different about things

if Ben was your real pa.

- You shut your mouth. - Well, it's true!

He ain't a Rucker, he never has been!

Ben?

Ben, it's Matt Dillon.

Howdy, Matt.

Ben.

What brings you out here?

Well, I just want to get some more information

on those rustlers.

Hello, boys.

- Marshal. - Marshal.

How about a cup of coffee?

Sounds good.

Gabe, take the marshal's horse.

Thank you.

And we surprised 'em in the draw down near north point.

When Seth got the first one, well, they split.

Seth went after the loner.

Me and Gabe went after the other two.

Gabe got one of 'em, but the other'n got away.

Then, a while later, why,

Seth seen these other two hook up, up near the south point.

That's the way it was, wasn't it, Seth?

Well, then we picked up the bodies and, uh,

took 'em into town.

And there were just the four of 'em?

Four of 'em, yeah.

Well, now, did, uh, did you see Jed Bailey

or anybody else up that way, either of you?

Seth?

No, Marshal.

Well, I won't take any more of your time. Thanks.

Thanks, boys.

- Sure. - So long, Matt.

Well, you think he believed us?

There ain't no way he can prove we hung Bailey.

Not unless somebody tells him.

Nobody's gonna tell.

That hay is liable to mildew

less'n we get it in the barn by sundown.

Seth...

out yonder in the barn, I...

well, I kind of lost my temper.

Yeah.

I mean, he's just as much your pa as he is mine.

Yeah. Let's get the hay in.

Festus?

Festus, that marshal ain't gonna know

if you give me a little drink of my 'lixir.

Festus!

You dad-burned knothead, you. Where are you?

Festus!

Say, how about you quieting down just a little bit?

I've got every right to holler, Marshal.

I didn't kill that fella.

The only thing you got a right to

is three square meals a day and a fair trial.

Fair trial... fiddle-faddle.

I was talking to Henry Biggs about defending you.

Defending me?

I don't want no lawyer taking what few dollars I got left.

Silas, you're going on trial for your life.

That ain't got nothing to do with it.

Lawyers and doctors, they just bleed a man dry.

Judge Evers and the state prosecutor will be here tonight.

Fine, that's just fine. Let 'em come.

That's just two more who ain't gonna believe me.

I'm setting trial for day after tomorrow, Matt,

right here in the Dodge House, if it's all right with Howie.

Well, I'm sure it will be.

Old Silas used to be quite a fast gun in his day.

Made a good living bounty hunting.

This bounty hunter's days are over.

It won't take the jury two minutes

to bring in a guilty verdict when I get through with him.

Well, it's not us you're gonna have to

convince of that, Mr. Sutton.

You don't seem to be too sure of his guilt, Marshal.

Well, I'll grant you the evidence is all there, but...

But what, Marshal?

You read the doctor's report.

You're referring to the bruises on Bailey's neck, Matt?

That's right, Judge.

Those could definitely be the marks of a hanging.

Shute's hanging story?

Purely fabrication.

The man has admitted shooting Bailey in front of witnesses.

You do believe he's guilty, don't you, Matt?

Judge, I got some serious doubts about it.

I'll grant you the facts are all there, or seem to be,

but there are just too many things about this

that don't add up.

Well, if you feel that way about it,

you better go out and dig up some more facts.

That's exactly what I'm gonna try to do.

- Good night. - Good night.

Well, this young Sutton's a go-getter, all right.

No doubt about that. You know, people say

that, uh, he might have quite a future up in Topeka.

Yeah, well, that may be, Doc, but he's not gonna

use this trial to help him get there, I'll tell you that.

Sounds to me like you think Silas Shute's innocent.

I think there's a chance of it, Doc.

Thing I can't understand

is this happening to the Ruckers all of a sudden.

Ben Rucker's a good man, so are his boys.

You don't think they could be capable

of a thing like this, do you?

I don't know, Doc.

But, you know, I been thinking.

I got an idea that just might help to clear this up.

What's that?

Put Seth on the jury.

Now, with the way the evidence is now,

there's only one verdict they can bring in.

But with Seth there, I just got a hunch

the vote might be 11 to one.

And if Seth voted for acquittal, be just about the same

as putting a rope around old Ben's neck, wouldn't it?

Yeah.

The man just won't talk, Marshal.

Except to say he won't pay me.

Did you tell him I was paying you out of my funds?

Shoot, I told him myself, Matthew.

Dad-burned knucklehead.

I'm afraid there's very little I'll be able to do.

Well, all you can do is your best, Henry.

Against all that evidence and that Sutton fella,

I don't know how good that'll be.

Well, thanks a lot.

- Good night, Marshal. Festus. - Night.

So long, Henry.

Marshal. Marshal.

What is it, Silas?

I just been thinking.

It's a silly, fool thing giving money to lawyers.

But I'm ever so much obliged to you.

Well, you don't have to thank me, Silas.

You're entitled to one.

Well, it's the...

first time anybody ever done anything for me.

Marshal...

can I ask you something?

What's that?

Uh, make that there Festus

give me a little bit of my 'lixir, will you, huh?

Just a little bit?

Oh, I guess you can give him a little, Festus.

I'll be back later.

Well, whatever you say, Matthew, but...

I don't know why you're giving this old scudder his way.

You ain't never let nobody ever have no whiskey

in the jailhouse before, and I especially don't know

why you'd let this here one have it.

Hmm.

Now, I want you to know that this here

is the very first time that Matthew has ever let an...

Ooh.

Give it here, give it here.

Would you like a little swallow, Festus?

That's a-plenty.

That marshal ain't such a bad fellow after all, is he?

Well, of course he ain't.

Old Whitey been fed?

Yeah, he's been fed.

Poor Old Whitey.

What do you mean by that?

Well, he...

he gets the sags when he gets lonesome, you know.

He just worries a lot.

Well, now, that's a funny thing.

Old Ruth does that, too.

Ruth?

My mule.

Now, you don't have to fret about him

'cause Ruth's down yonder keeping him company.

She is?

He is.

They're down there just a-mushing it up

something fierce... nuzzling and a-rubbing one another.

Old Whitey likes that. He likes that.

Festus, you old...

you old...

Could I have a pencil and a little piece of paper?

Yeah.

What for?

To write with.

Write?

Yeah, I'm gonna...

I'm gonna write myself out what you call a will.

Well, you boys are in town bright and early this morning.

Well, we coming in to buy up some of these prime oats

- before they's all bought. - Good. Well, it saves me

the trouble of going out to your place.

I wanted to talk to Seth here.

- What about? - Well, I was wondering if he could

do a little jury duty for me tomorrow.

What about it?

Well, uh, I don't know, Marshal.

Uh, we got a dozen yearlings to worm tomorrow.

Can you spare him, Ben?

I just... I just don't like trials.

Well, I don't guess anybody does.

Seth will be glad to serve, Matt.

Good.

Say, I'll need you down there tomorrow, too, Burke.

- Yeah, I know, Marshal. - All right.

Say, Marshal, you going by the Long Branch?

Yeah.

I got a package for Miss Kitty. You mind picking it up?

All right.

All right, why me?

Why anybody?

Ain't nothing to worry about, son.

Talk is around town

the trial ain't gonna mean anything anyhow.

Well, I still don't like it.

It'll be 11 people on that jury. 11 people can't be wrong.

Just vote the way they do.

Yeah, well, they don't know what I know.

Well, Seth, you just do what you think's right.

This court is now in session.

There'll be no drinking, smoking or swearing during the trial.

State of Kansas v. Silas Shute.

Mr. Shute, will you please take off your hat?

Take it off, Silas.

Mr. Sutton, you may proceed.

Your Honor.

Gentlemen of the jury, we have here a very simple case.

The case of an avaricious bounty hunter

who bushwhacked an innocent man.

There can be only one verdict for such a vicious crime:

guilty.

And I intend to present to you conclusive evidence

that will make this verdict mandatory.

And I shall demand that the accused

be hanged by the neck until dead.

Simmer down now, come on, simmer down.

And you want this court to believe

that you cut down a dead man and then shot him, correct?

That's just what happened.

Come now, Mr. Shute.

You know that's not what really happened.

Don't give me none of your slack jaw.

How can you be so cat-haired sure when you wasn't even there?

Mr. Shute.

You have heard all the evidence in this case.

It will be up to you to decide whether he lives...

or dies.

Now, this could have all happened

as my client insists.

So if this claim creates a shadow of a doubt in your minds,

you must free Silas Shute.

Well, this is a fresh pot of coffee and it's good and hot.

- Thanks, Sam. - It's a welcome change.

Wait a minute, just... put it right there, Sam.

- All right. - Thank you.

Why don't you go on upstairs and get yourself some sleep?

Same reason you don't.

You know, I never would have thought

that a little fella like that Silas Shute

could make such a fuss in this town.

I'm telling you, Ben, if that jury's hung tomorrow,

people are gonna know something's wrong.

They're already talking.

I wouldn't be a bit surprised if Seth didn't break.

- You know he's weak. - He ain't weak.

He's just doing what he thinks is right.

Can't teach a boy one thing all of his life

and then expect him to change overnight.

You do understand what could happen.

Just 'cause he votes nay don't mean

the marshal's coming after us.

Besides, Seth may change his mind before morning.

He better.

'Cause you mark my words, if Seth votes nay,

Dillon's coming after us, you wait and see.

He can't prove nothing as long as we don't speak up.

You never should have let him serve on that jury

- in the first place. - Then Matt'd have known

there's something wrong.

I tell you one thing, if the marshal comes after me,

he's gonna have to come shooting.

You do what I tell you to do.

I don't want to hear no more about it.

Seth, I have here in my hand

sworn statements from people who not only heard Shute

admit to the shooting, but brag about it.

I quote:

"Had to shoot him.

"Was gonna bring him in, but he tried to make a break for it.

Yes, sir, one shot did it."

Now, how much proof do you need?

Seth, we've been locked up...

Listen to me, Seth.

I'm tired. We're all tired. Now...

Now, you know that bounty hunter is guilty.

So why do you refuse to vote the way you should?

You heard what the doc said.

We've been over that again and again, Seth.

You heard what Sutton said.

He said them bruises could come from anything.

Falling off a horse.

Shute admitted that he tried to make a break for it.

Seth, is there any other reason why you're voting to free him?

And what do you mean by that?

Well, you certainly can't vote to free him

for the reasons you've been giving.

I just don't think he's guilty.

You just don't think he's guilty.

Well, I give up.

You know, we come out of here with a hung jury,

and there's just gonna be another trial.

It just don't make sense to me.

We all know he's guilty.

Any man that preys upon another man's life

for financial gain is without a doubt

the lowest form of humanity.

And you sit there and defend him.

Let's start from the beginning again.

Who is it?!

- Are you fellas through eating? - Yes, Sam.

I'll take the dishes. How's it going, Lathrop?

Well, we ought to be here all night.

We're still 11 to one. All right, you fellas

break up that poker game and let's get back to work.

Come on, Percy.

How are they doing, Sam?

They're doing their job, Halligan.

I know that. Oh, come on, Sam.

Y-You got to have heard something in there.

I'm not gonna repeat it to you. Now open the door.

You can tell me.

Festus?

♪♪

This here's my will.

When will I know?

Well, when they...

get done deciding, I reckon.

I ain't got much of a chance, have I?

Oh, I wouldn't say that.

Shoot, the jury's been out for pert near 11 hours.

There's bound to be somebody on it believes you.

Takes 12 votes to hang me?

That's right.

Silas...

how's your wheeze?

It's tolerable now.

It's just... just tolerable.

Thad, what's this here say?

It's his will.

Well, I know it's his will. What's it say?

Festus, when are you gonna let me teach you how to read?

Thad.

"I will to the marshal

"three dollars and my saddlebag,

"and to Festus, my burro named Old Whitey.

Signed, Silas Shute."

Fella lives his whole lifetime...

that's all he's got to show for it.

Come to order.

All right, now.

Mr. Lathrop, have you folks reached a verdict?

No, sir, Your Honor, not unanimously.

All of us, except Seth Rucker, voted guilty.

Do I understand you rightly, Mr. Lathrop...

11 guilty,

one not guilty?

That's right, Your Honor.

Then I declare this a hung jury.

Court adjourned.

Thought you was gonna hang me, didn't you?

You all thought they was gonna hang me.

Well, I'll tell you one thing...

All right!

Aw, turn me loose! You're just like the rest of 'em.

You thought I was gonna hang, too, didn't you?

Get out.

You thought I was gonna hung. I want my will back!

You can have your will back.

Who asked you for that measly-footed donkey, anyhow?

Measly-footed?!

Let me tell you something, you saucer-eared knothead,

Old Whitey's just as sure-footed as a Rocky Mountain nanny-goat.

He ain't no clod-hopping, spavin-legged, buzzard bait

like that old mule of yours.

You haven't never saw Ruth.

- How do you know? - Aw, fiddle-faddle.

Let's go home, son.

I'll be along home soon, Ben.

♪♪

Well, he knows.

What do you mean, he knows?

He knows.

You tell him?

Didn't tell him nothing.

- Where you going? - I'm leaving.

You told on me and Pa, and now you're running out.

- I ain't running out. - Well, what's the marshal

gonna think, you running out right after the trial?!

I told you, I ain't running out.

It ain't your skin you got to worry about, you know that.

Well, whose skin you worried about, Gabe, yours or Ben's?

You ain't going no place.

You get your hands off my gear.

You heard what I said.

You heard what I said.

Gabe!

I never thought I'd see the day when my sons

would turn against one another.

You could've killed him!

- He told on us, Ben! - I didn't tell.

Then why is he leaving?

Leaving?

Is that right, Seth?

Yeah.

If it's about the trial,

I told you to do what you thought was right.

What I thought was right, Ben?

You know I was right!

I couldn't just sit there and let 'em hang

an innocent man, I just couldn't!

The marshal knew that!

That's why he put me on the jury stand... he knew it!

He knew you were weak! That you'd break!

- Hush up! - But he is!

Listen to him alibi himself 'cause he ain't got no guts!

It ain't right, what we're doing, Gabe.

Can't you see that it ain't right?!

Remember when we were kids, when Ben

used to tell us about what's right and what's wrong?

Well, I remember that.

So don't jump on me now because I can't live your lie!

'Cause I can't!

Ben, I always wanted you to be proud of me.

Everything I ever did, I wanted you to be proud of me.

So don't ask me to change now, because I can't.

Okay?

♪♪

You all right?

We've been wrong, son.

Wrong in killing a man.

Wrong in trying to blame another.

I tried to raise you boys to do the right thing.

To be proud of yourselves.

One another.

And of me.

I knew what we done wasn't the right thing,

and that ain't like a Rucker.

We've always taken as well as we've given.

Tomorrow morning, I'm going into town

and tell Matt Dillon.

Pa...

I've made up my mind, Gabriel.

♪♪

I reckon you know why I'm here, Matt.

I mistook Jed Bailey for one of the rustlers.

I hung him.

It was...

it was just as much me as Ben, Marshal.

We both hanged Jed Bailey.

Somebody inside you might want to see.

Seth didn't have nothing to do with this.

That's right.

He told me you'd say that.

Well, he didn't.

And that's the straight of it, Matt.

I believe you, Ben.

Ben.

I'm sorry.

I'm not.

I'm proud of you.

You Ruckers almost got me hung!

- That's enough out of you, Silas. - Well, they did.

Ornery bunch of coyotes, framing me like they done.

It was a Rucker that saved your neck.

You mean him?

Aw, he ain't no Rucker.

I know the story on that poor foundling.

Hey!

His name's Seth Rucker.

Don't you forget it.

Festus, get him out of here, will you?

All right, foot in the mouth, get to gettin'.

Go on.

Son.

You take good care of the place.

Yeah, I will.

Don't you worry about anything.

Let me know if my mare's in foal.

I will, Gabe.

And don't you worry.

Boy.

Seth Rucker.

You got good in you, son.

Keep your powder dry, Festus.

Keep your chin to the wind, Silas.

What's gonna happen to 'em, Marshal?

They gonna hang?

No, I... I don't think they'll hang, Seth.

But they may spend a few years in prison.

Looks like you have to take care of that place

by yourself out there for a while.

Think you can handle it?

Yeah. Yeah.

Stay tuned for scenes from next week's Gunsmoke.