03x29 - Trial for m*rder

[bunniefuu]

Mm. Yeah, I agree.

I don't think you're out of measure.

Measure, measure.

I got to find a measure of why

I got a fighting. That's all I'm here is.

Tell me what's the matter with you
anyway, Bill?

Jimmy

Mason.

Hey, Mason.

Come on, Wake up.

Mason.

Come on.

Your moon will all work. Well.

You're going to jail wagon.

Well, I.

Am charged with m*rder, Glenn.

I always said that Mason boy was no good.

I always said that if he never stopped
and k*lled somebody.

You know, I always said that.

Yes, Mildred, You always said it was.

What would Brad have against a man
like I was?

Brad's got something against everybody.

If you ask me.

Hanging is too good for him.

Suppose he didn't do it now?

Of course he did it.

Who else would do a thing like that.

In a fair fight between men is one thing.

But a k*lling like this.

You know, Mr.

Ivers gave me a dollar once

just to help him reload his wagon
when the load shifted.

He was a good man. He always paid his way.

What are we going to do
about k*lling Paul?

Look, we can't hold up the train
for a m*rder trial.

We're behind time now.

First thing you know,
we be in snow country, hope and trial.

Anyway, Everybody knows we did it.

Maybe there won't be no trial.

I reckon we could talk to a few folks
and see if there was one

m*rder.

Just think it could have been
any one of us

when Connor got his mind fixed on Come.

And what I said to all those rough people.

Do you think it's safe?

It isn't as though
you could choose your company.

Do you know that Eileen danced with that
Brad Mason at the last square dance

she did.

Bessie, what did you do? Well, I.

I didn't know he was a m*rder*r then.

Well,
you don't know that he's a m*rder*r now.

I mean, he's been arrested.

He's in the prison. Right. And right now.

But he hasn't been tried yet.

Are you defending that m*rder*r?

Oh, of course she isn't.
She doesn't know what she's saying.

She's just a young, silly girl
without a brain in her head.

I heard Brad Mason
quarreling with Paul Mr.

Ivers just the other night.

And come to think of it, I'm
not even sure he didn't threaten him then.

And when you come to think about it
a little bit longer, you'll be positive.

You heard Brad. Threaten him, won't you?

I mean,
and maybe after a little bit more thought,

you'll remember
seeing Brad actually attack him.

What's the matter with all of you?

When I was a young woman,
we had respect for our elders.

What's going to happen
to the little eye of yours, Boy?

How are they ever going
to tell him about his past?

Maybe you're going to move over
to my wagon for a while.

Your daddy's asked me to take you on
to San Francisco.

We'll meet your mother there.

Where's my daddy?

Well.

Let me tell you something.

Sometimes.

Sometimes our fathers get called away.

Watch my daddy go away.

Yeah, Yeah, He was called away.

He didn't tell me.

What you see.

He didn't know Davey
hadn't had a sudden like

that.

You go over and get a hold on Wooster,
see if he's got some cookies with raisins.

Oh, he'll have raisins in them
and every other thing.

By golly, come on.

In, man.

Hi. Cut it out, Mason.

Where you got the g*n?

You can give the orders,
and don't you forget it.

Well, you'd like to plug me right
now, wouldn't you?

Might save a lot of trouble for later
on. Well, go ahead.

Help yourself.

Little, little fellows.

Old enough

to sleep to put him down.

This has always been
one of my favorite campsites to.

Get a serious party
this time of year, ain't it?

Is never going to be the same
after this, Mr..

Let's see.

We got three men here
registered as lawyers.

Alexander
Drew, English barrister, retired.

But he was looking for a lawyer.

Charlie,
A lawyer in England is called a barrister.

Watch American people,
they can't speak English.

Oh, stop trying to be funny.

I wasn't trying to be funny.

You got Archibald McAdoo and Harley Green,

and here's
a professor of law, Mark Applewhite.

Try to see if you can round up
those four fellows.

We didn't get them back here
since you came here.

Keep looking. Over.

I thought you were supposed to be gone.

That I just got relieved.

Pretty tough. Got me.

Well, you won't win any popularity
contest, that's for sure, Charlie.

Yeah, Yeah, I'm got you.

Still figuring on a trial?

I am not past the Millers back there.

They were talking about rigging a gallows.

You can always count on the Millers
if there's any trouble to be gotten into.

Yeah. No help they were getting
from a lot of the people.

It really surprised you.

You know, the Moody's folks are in.

I don't think they'll hold
still for a trial.

There's going to be a trial.

I'm going to be in a lynching
on this train.

Yeah. And yesterday you would have said
it. There wouldn't have been a m*rder.

Now, Brad Mason's
going to get a fair trial by a jury.

Anybody that tries to lynch him is going
to have to step over my dead body.

Yeah, but we've got only three g*ns
you can count on.

Charlie's yours and mine.

So we're 200 miles to the nearest law.

You actually think you can give Mason
a fair trial day?

I can't.

That's going to be the day
somebody else takes over as well.

A master.

How he can bring them up for this.

Come on, let's go.

That might damage randoms.

Do you have the right.

The authority.
To conduct a trial out here?

Sure.

Alexander,

maybe you should have read those articles
you signed when you came on this train.

Apparently, you didn't read them,
So I recite part of them for you.

I know. I'm pretty good. I wrote them

under the articles.

The Transportation Wagon
master has the same rights

and the same responsibilities
as a captain of a ship.

Whenever that train finds itself

outside the jurisdiction
of duly constituted authority,

it is the law that the Wagon Master
shall set up rules governing that train.

Are that clear? Perfectly.

All right.

And Bradley Mason has a right to trial
by a jury of his peers,

the same as any other man
in any other community.

Okay, we're waiting till Sacramento
for that.

Sacramento's a long ways off

to learn to keep a man under guard
and try to protect him.

I'll undertake the prosecution for you.

If your life.

Find.

What I'm afraid I couldn't
undertake to defend Mason.

I can get along with him for 5 minutes.

We've almost come to blows
a half a dozen times already.

I wouldn't take his case for $1,000.

Last week, he got drunk and stampeded.

My horses took the best part of a night
to round them up.

Bradley Mason's nothing but trouble,
Major.

Anyhow, I wouldn't want to be the one
to stand up for Mason

with feeling running in the way
it is against him. That's right.

We might get strung up with him.

It's just a girl, Darrin. Minute.

I thought you were a minute long.

I can hardly believe my ears.

Don't you like your stand for anything?

It's pretty hard to stand
for a man like Bradley. Mason

to k*ll someone like I was in.

Cold blood. It's my feelings. Exactly.

Well, just hold
on. Maybe I missed something.

Is this trial over? Is the verdict.

In? Oh, of course not. Well,
then how in the name.

Gentlemen, Gentlemen.

I must agree with Major Adams. You.

You are speaking of a guilty man.

You men of law
pledged and dedicated to justice.

I've already judged Bradley Mason guilty.

Professor Applewhite,
are you acquainted with Bradley Mason?

Slightly. Do you like him?

Not particularly, no.

He is young and bright
and full of self-importance,

but good heavens,
you can't hang a man by that.

I been listening to you gentlemen,
and I give you my word.

I wonder if I'm still in America.

Oh, but this is not America, Professor.

This is wilderness. This

is where you are wrong.

And Major Adams has been telling us
where this caravan passes,

wherever it rests, however deep
in the wilderness we go, there is America.

We take our country with us
wherever we go.

We also take our obligations
and our consciences.

Lisa, are a civilized people.

Academically
speaking is m*rder and civilized finance.

And you know better than that
m*rder is a relic of the barbarous ages,

but we must deal with it
in a civilized manner.

Where did you gentlemen study law?

Who were your teachers?

Don't you know that are lawyers?

First duty is to uphold the cause
of justice.

Justice
for the guilty, justice for the innocent.

And above all, justice for the accused,

for he is accused, punished ten alone,

and his lawyer

is his life.

I feel as if I been caught
cheating in the finals.

Sort of way.

I guess Harley and I had it coming to us.

Yeah.

What's the matter with people?

I mean, why are we so bloodthirsty?

Why are we so prone to condemn?

Look out there.

They're building a gallows already,
hoping for a Roman holiday.

You're a dedicated man.

You think of law in the finest sense.

You can't expect everyone
to feel the way you feel.

But I do expect a lawyer
to noise obligations.

If he doesn't, he has no business
practicing law.

That poor boy has no one to defend him.

Will there be a trial?

Adams says they will, yes.

All the attorneys around here
want to be prosecutors.

They're all for getting the very basic
foundation of justice and law and order

that a man, innocent
or guilty, is entitled to a defense.

Mark, why can't you defend him?

My dear?

I'm a teacher, not a lawyer.

Besides,
it would be sheer presumption on my part

to attempt
to take the life of a man into my hands.

You've been saying someone must.

Besides, haven't you been telling others
how to do it all your life?

Telling is one thing. Doing is another.

You said you wanted to practice
when you retire.

Yes, but not criminal law.

No. You are making excuses, Mark.

Haven't you any obligation in this matter?

Are you come into Mr..

I was burying Mrs. Applewhite.

I hadn't thought of it.

It's been weeks since we've had one.

Most everyone's going.

I think I ought to warn you,

Boy, I've never appeared in the court
before.

What's good, in my opinion,
what chance of I got?

Did you k*ll life?

Does it matter? I'm going to hang Ford.

Whether I k*lled him or not.
I can tell you one thing.

You're not going to get very far
with that attitude.

You came here to preach to me.
You can forget it.

I came here to help you, to offer you.

And I
said. Well, I don't want your services.

Well,

very well,

or if you should change your mind,

I'll be glad to do what I can

to fight for your life. Boy.

Fight for it.

Don't let anybody take it away from you
without fighting

for it.

m*rder, right?

Rather.

I say we string them up right now.

All right.

Let's move on. Standing up for the m*rder?

No, I'm not.

But I'll sh**t the first man
to try to get inside that wagon.

Mason is going to get a trial.

If he give Ivers a trial
before he k*lled him.

No, he just bashed his head in.

All right, here.

Hold on.

Know you and your people going around this
wagon, going about your business.

Why are you protecting that animal?

You caught him dead to rights, didn't
you know?

I didn't catch him dead to rights.

I didn't see him k*ll Ivers.

And that animal you talk about
happens to be a human being.

And he's entitled
to the benefit of any doubt.

I put him under arrest
because of certain evidence,

and he's going to be tried
on the basis of that evidence.

I didn't never figure
you'd side with murderers.

I figured you for the law and decency.

I am for law and decency, Mr.

Miller, But I don't hold
with answering m*rder, with lynching.

We're a long ways from any law.

We people are not going to stand
for a common m*rder*r getting away.

Don't be surprised if you see him

hanging out there with his neck
stretched in the mind.

Yeah, he retired.

Major Adams.

Major Adams.

I want to talk to Mark Applewhite.

I'll tell him.

And now, my boy,

I'm going to put it to you again.

Did you k*ll?

I was.

I don't know.

You don't know?

You mean to tell me you don't know
whether or not you k*lled him?

In God's truth,
I don't know. I've been drinking.

Well, did you see?

I was at all on Saturday ish.

What time? 10:00.



You made it positive. About the time.

I told him I was going to meet him at ten.

Where? I met him at his wagon.

And then we went down to the water
all to talk.

Why did you go down there?

We had some business to discuss,
and it seemed like a good place to.

Start a business.

Something about a job.

I'm afraid I shall have to ask you
to be a little more explicit, my boy.

But I had heard that a Ivers was going

to buy a paper in San Francisco
and I thought I might fit in.

Have you ever worked on a newspaper
before?

What's that got to do with anything?

My dear boy, would you please let me be
the best judge of what's got to.

Do with what?

All right.

I did work on a newspaper in Buffalo. Yes.

I was on the newspaper in Buffalo.

Didn't you work for him? Now.

Now, look here.

Your life depends on me,

and I don't want any unpleasant surprises
or whatever the worst is.

Tell it to me now
so I can be prepared for it.

I did work on Avery's newspaper then.

And you knew him
before you came on the train?

As I knew him,
I hadn't seen him in a long time.

We were friendly.

I hated his guts.

And yet you mention poison with him
to ask him for a job.

Why not? I need a job
now. Did you take her?

Ask me.

No. Turn me down.

And you?

Were you quarreled?

Well, it wasn't very friendly.

But did you come to blows?

No. No, I don't think so.

You don't think so?

You know
I don't think there was any fighting.

Was the last night as a complete blank.

I remember talking to Ivers, and I seem
to remember him looking at me smiling.

That plastic superior smile is.

I remember coming back to my wagon
looking for the rest of my bottle,

and I remember Major Adams shaking me.

But in between there's
just a lot of dark spaces.

Dark spaces.

Did you take

your r*fle with you
when you went to meet Ivers?

No. Well, what I. What with my r*fle.

You know, that I was was k*lled.

Don't you buy
blows from the bottom of your r*fle.

John? I didn't.

I didn't anybody tell you?

Oh, yes.

She made
you Adams found your r*fle in your wagon?

Cause I was blood still on the butt of it.

That doesn't make any sense.

I know when I was with my r*fle,
I was wearing my g*n.

Possibly a r*fle Makes a better club.

No, I know.

You say you don't know
whether or not you k*lled Overton.

Well, that's because I passed out. Don't
you see?

It isn't logical.

I have to get a better defense than that.

Do you remember seeing anyone else
last night?

No. No one else.

If we only had one.

Yes. One witness
who could account for some of the time.

You see, you can't remember.

I didn't see anyone.

All right, boy.

All right.

Well, Mr. Hawkes, you please let me out.

Are you going back to my book?

Well, books aren't going to help me.

Laws were instituted and books written
just to help you.

Oh, sure.

You're going to be set free.

The law and only the law can free you.

Oh, thank you.

Thank you.

And that's the way we proceed with
the trial.

Mr. Drew will undertake the prosecution.

Dr. Applewhite will handle the defense.

What about a judge?

We've got an elected judge.

Just a minute, gentlemen.

Frank Hall was elected judge simply
because he won a popularity contest.

Now, this is no popularity contest,
and the man is well,

and my client's life is at stake.

What we must have is someone
with the authority to keep things in order

and see that this trial is conducted
without bias.

Personally, I'd be very happy to have
Major Adams preside as trial judge.

So would I.

Well, I suppose I could do it.

You're all agreed.

I presided at quite a few court martials
while I was in the Army.

So I know something about trial procedure.

All right.

How soon can we get started with it?

Well, this case should take weeks
to prepare, Professor.

Well, folks in the mood that they're in,
the sooner we get started with this trial,

the better off we'll be.

Reluctance to abdicate.

Thank you, sir.

I can hardly wish you the same.

Eleanor, to make it all in pies, for.

We're having a party after the hanging.

Maybe I'll step in while turkeys.

Mrs. Mcgivern is making a sweet
and sour potato salad and Mrs..

And if.

Fun, anything like this to look forward to
since the 4th of July.

Henry, you come right back here.

You've got to help me trim the table.

I borrowed every cup on the train.

I hope it's enough this time.

There always seems to be more people
than there are cups.

There's this.

Do you think you'd let this alchemy
before a night?

It's perfectly insane, Joe.

But Henry's damp nights
seem to have shrunk it.

You'll never get any four inches
out of these seams.

I've lost so much weight on the trail.

Clara, you got to be that fancy.

Well, we ought to dress up
when we get the chance.

This is my first hangings.

Oh, goodness.

Eileen, you gave me a start.

You're enjoying this one?

Not so little to enjoy anymore.

You're not human, any of you.

You're not people.

Your own mob. You're on a witch hunt.

You're just a little girl.

You don't know what you're talking about.

You mean I'll know when I'm older?

You mean I'll be like you crying out
for flesh and blood?

You better take that girl in hand, Bessie.

Well, I better hurry along.

They're starting the trial,
and I'm volunteering for jury duty.

Oh, let's all go away.

Just give me a minute to change.

Give me a minute
and I'll be right with you.

It's going to be in session.

The first thing we've got to do
is pick ourselves a jury.

Mr. Apple.

Why you, Mr.

Drew,
there are some people, some questions.

I have the right to excuse any one of
your own, all of you, as they see fit.

When and if you're excused, you step down.

Somebody from the order
and a jury will take your place.

Mr. Juror, as first questions, I believe.

Do you believe in capital punishment?

I most certainly do.

Do you? Oh, yes, sir.

Do any of you not believe in
capital punishment?

I'm satisfied.

So now, Mrs..

What is your name?

Anderson. Mrs. Anderson? Yes.

Have you any,
any preconceived ideas about the trial?

Well, I have an open mind,
if that's what you mean.

You're acquainted with the prisoner,
are you not?

I should say I am.

Do you like him?

Made you Adams?

Is that a fair question?

Well, Mrs.

Anderson,
if you don't like the prisoner, it'd

be pretty hard
for you to judge him fairly.

But I want to be on the jury.

Why would you like this?

Juror excused?

No, thanks.

I know.

I. Look, I'll get back to her again later.

Now, Mr.

Bevins, have you formed
any ideas about this trial?

I don't think so.

Are you a drinking man, Mr.

Bevins? Yes. I'll take a few now, then.

Have you ever been known to take
just a few too many?

I don't know any man who hasn't.

Are there any guilty.

Out and out teetotalers on this jury?

I put it your hand, Clara.

I don't want to be put off the jury.

They can't put you off the jury
for being sober.

Why, Mr., uh, Mr.

Russell,

have you formed any ideas
about the guilt of Bradley Mason?

Well, everybody says he did it.

Now, you agree with him, don't you?

Well, if you can prove to us
he didn't do it, I'm willing to listen.

It is not the function of the defense
to prove a man's innocence.

It is a function of the prosecution
to prove his guilt.

Well,
I guess that's one way of looking at it.

Can we find



to listen to this case
impartially and judge without prejudice?

Mr. Apple, why would you like this?

Whole jury excused?

No, thank you, Your Honor.

I'll accept seven and 12 in.

Excuse the rest of it.

All right, everybody except Charlie
and Melvin there can step down.

I'll never forgive you, Mabel.

It's not my fault you're a teetotaler.

Wouldn't you be, my dear?

Good evening.

Glad we finally got a jury together.

We had to go through
half a camp to get one, but we did it.

I kept you suffer hat.

Thank you, my dear. Thank you.

I bet I've had the strangest feeling

that I should be seeing somebody.

The face of a m*rder*r
is right here in camp.

Perfectly plain for everybody to see.

I don't know.

I think.

I wonder why I was k*lled.

He seemed to get along
with everyone. Well, he didn't.

He didn't.

And yet he was k*lled with anger
and violence and premeditation.

Premeditation? Yes.

Whoever k*lled him

went to an awful lot of trouble
to make it look as I'm glad it k*lled him.

You really think bread innocent,
don't you?

Oh, I do. I do.

I only pray that I may prove it.

The men will be gathering soon.

Oh, Clara, I'm frightened. Why?

They aren't going to hang you.

What's happening to us?

We were all nice, decent people
when we started out.

Now I'm afraid to get out of the wagon.

m*rder hangings.

Oh, I wish I'd never left home.

Good evening.

The more as I lean around.

No, She went off with
some of the young folks.

Would you please ask
to see me at my wagon As soon as possible.

Thank you.

Well, I never.

I don't suppose
Eileen's going to be in the trial, do her?

Don't say such things.

You don't suppose
Eileen is mixed up in the m*rder?

Oh, I mean,

you don't want your mother to find you out
here, do you?

You're going to k*ll a major Adams.

You're not going to k*ll anybody.

Nobody understands

nobody but a 16 year old girl.

Maybe I am only 16,

but I can listen and I can see

I can love child.

If he dies, I want to die too.

If he's innocent, he's not going to die.

Nothing's been decided yet.

Oh, but it is.

Trial hasn't even begun.

It never will begin.

It's already over.

Quiet night.

Yeah, that's quite all right.

But the noisiest quiet
I ever heard, the almost screams that you

may need somebody supper and the rest
you touch.

George.

You know, Charlie, I don't like
the looks of those gallows out there.

I don't need you. Let's
go knock them down, Major.

Let's go knock them gals down.

No, I've been trying my very best
to keep from doing just that all day.

The worst thing we can possibly do

probably end up in a fight,
and then we'd have bloodshed.

Best thing to do about that
gallows is just pretend it's not there.

How are you going to pretend it's
not there when Mace is swinging on it?

Mason is not going to be
swinging on a Charlie.

Where they get him,
they're going to get to me.

That's
what I'm worried about. I'm scared, Major.

Maybe I'm scared, too.

I know what I got to do,

Charlie. It's about time for Mason supper.

Maybe he's hungry.

Well, we can't eat.
I don't know how he can.

I don't know. But let's go see.

Come on. Boy.

Is it right

what they mean to do?

Well, he's a m*rder*r, isn't he?

Even if he is, don't seem right
somehow to hang a man without a trial.

But you said hanging was too good for him.

I heard you myself saying one thing,
but doing something else again.

I never saw a man hanged.

I suppose it was my Henry

or me.

There's nothing we can do to stop them.

Nothing at. All.

We're a little set now.

I say we take them right now
and be done with them.

Yeah, Yeah. All right. Get me out.

Come on, man.

Let's go get Mason

in here, man.

Come back here, Wagons.

We've come to get Brad Mason.

You're going to have to k*ll seven of us
before you can get to Mason.

How many are you? Do you think he'll die?

You're bluffing.

I don't believe you would sh**t these men
to save a m*rder*r.

There's one way you can find out,

boys.

There's only one wagon
master on this train.

And that's me, not you or anybody else.

Just me.

Miller, you put that g*n down
or get ready to use it.

My quarrel isn't with you.

We've come to get Mason,
and we're going to get him.

Adams

I'll pick him up and get him out of here.

The rest of you get to a

and knew how

I run a wagon train
before you ever sign on.

Anybody Don't like it.

Get out of here and get out now.

Let's see.

And around two.

Yeah.

No, Bill, that's not the end of the fight.

Know Keep coming back again and again.

And every time they come back,
take it a little bit closer.

I hope they do leave the train.

Men like the Millers never leave,
Mr. Drew.

They're born troublemakers.

They'll do everything in their power
to break up this trial.

Gentlemen, tonight, you made me very proud
that we are all members

of the same profession.

You risk your lives to save Bradley Mason.

Well, you did, too. There's a difference.

I risked my life to save the man
that I believed to be innocent.

I You risked yours to save a man
that you believed to be guilty.

Professor,
you have made students of us all again.

If men of law won't fight for the man's
right to a fair and honest trial.

Who will. Publish books?

I've got to go talk to my client.

I get it, sir.

Professor,

I don't think I've ever seen
a bunch of men in this dangerous

frame of mind as these are.

We'll be very lucky
if we can control them through the trial.

To nature has proven to me that you can.

Hey, Charlie.

You think Mason's guilty?

I suppose you talk to me about this case.

I'm on a jury,
and I keep forgetting about that.

You know, Charlie,

I wonder how I would feel sitting up here
running this whole shootin match.

Oh, about that, Bill.

I'd rather be one than barrister.

People, ladies and gentlemen of the jury,
loan me your ears.

Lend me your ears. That's what I said.

Oh, you did not.
Who told you to say that, anyway?

One of Mr.

LHO boys.

Well, Charlie,
that isn't law that Shakespeare.

It is not what it is to.

And the next line in that speech is
I come to bury Caesar, not to praise him.

Well, let's start next line.
I don't think much of Caesar lawyer.

Caesar's lawyer didn't say it.

Nobody said it. You're just making it up.

I am not.

Shakespeare made it. Up.

What do you know about Shakespeare?

Well, I had to learn that speech
when I was in school.

Yeah, I keep forgetting
you went to school educated. How.

How do you get them big feet under a desk?

Charlie, I need big feet.

You sure do. To carry that big fat head.

Here's about $25 for content
about getting your feet over my desk.

I'll guarantee you two got any respect
for a court of law?

It ain't a court of law yet, is it?

A little doodle one comes along.

Major. Do you think Mason is guilty?

You are not supposed to ask me
that kind of a question.

I'm the judge.

I guess I'm not supposed to ask anybody
anything around here.

Why do you do it?

Because I like to be yelled at.

Oh, get out of here, the two of you.

Charlie, you go fix my supper.

Of course.

Going to convene within an hour.

You can leave.

Hey, Bill.

What do you mean, can be?

Remember, Charlie,
I can't talk to you about the trial.

You're on a jury.

Why? You,

Charlie, I know.

I'm going

to be.

The prosecution intends to prove

that the accused Bradley Mason,
made an appointment with Charles.

I was at 10:00 on the night of the m*rder

that he'd been drinking.

When he kept that appointment.

Then he called violently with a dead man.

And the before that quarrel was
and it claimed I was to

with the part of his r*fle,

the r*fle that was found
in Mason's own wagon with the blood of

I was still on it.

That was when the events

which led to the charge of m*rder
against Bradley Mason.

And those are the events upon
which I solemnly charged you.

It will. Be your duty.

To find a verdict of guilty.

Mr. Blake,

you are acquainted
with the accused Bradley Mason.

Hi. And do the accused
make certain statements

to you on Tuesday
night about the deceased?

Well, let's see now.

The deceased would be.

No, that's the accused,

Major.

I keep get mixed up about who is what.

Eddie.

Then he sees as Mr. Ivers.

He's dead.

The accused. Is Bradley Mason there?

Oh, the deceased is Mr. Ivers.

Just tell the court in your own words what
Mason said about Ivers on Tuesday night.

Oh, now I get you.

Well, Mason, said Mr.

Ivers, rest his soul,

was a low,

miserable skunk, and somebody
ought to put him out of his misery.

Objection.

On what grounds? Mr. Applewhite?

The witness is repeating a conversation
that took place

several days prior to the event.

It can have no possible bearing.

This conversation shows malice

on the part of the accused towards
the dead man and is admissible testimony.

Oh, that you're on the air remains use.

That is a remark that men
make to each other day in and day out.

It means nothing for.

Days after they accuse me. That remark.

I, of course, was brutally m*rder*d.

Mr. Applewhite,
I think this is a perfectly valid point.

Well, I do a lot.

Objection. Overruled.

Go ahead with your questioning, Mr. Drew.

Will you repeat to the court
the conversation

you ever heard between Mason and Ivers
on the day of the m*rder?

Well, I was coming up from the creek, and

there was Mr.

Ivers, rest his soul

and Mr.

Mason, and Mr.

Ivers was saying, rest his soul.

He was saying, You're beginning to annoy
me, Brad.

And Brad said, I'll do more than annoy
you if you don't do what's right.

And then Mr.

Irish, he kind of laughed and he says,

Don't you threaten me, Brad.

And then Brad said,
If you push me any further,

I swear I'll k*ll you.

All right.

All right, everybody quiet.

No further questions.

Your witness.

And what did Mr.

Ivers say in reply to Mr. Mason?

What was that, Mr. Appel? What I say.

What did Mr.

Ivers say in reply to the statement
you have just credited to Mr.

Mason?

Oh, sorry, I just don't quite get it.

Oh. I'll try. I'm a little out of all you.

What was the reply that Mr.

was made the remark made by Mr. Mason?

Oh, well, he didn't say anything.

I guess they saw me coming.

They just walked away.

With the men shouting at each other.

No, no, they.

They was just talking quietly, like.

And how close
where you before they discovered you.

Maybe 20 feet.



Oh, Fredricka, you see here,

you this is a proximity trade.

If he was even facing each other
or was there some distance between them?

I don't understand you.

What do you mean you. Don't understand me?

Oh, you don't hear me? No. Which is. It?

I didn't hear your question.

I know you have testified
that you heard this conversation.

Never known between two men


Maybe they were speaking louder than you.

But you just testified
they were talking quietly.

Well, they were talking
loud enough for me to hear.

And they were talking
loud enough for you to hear.

The entire camp would have been out there
to see lovers of matter.

Well, I tell you,
I did hear you're around.

And I objected
to this line of questioning.

Counsel is badgering the witness.

May I remind the prosecutor

and the

honorable
court that my client life is at stake?

Sure, Your Honor.

You are not going to admit
such damaging testimony from a witness

who's already proven his own inability
to hear at such a distance.

Harry,

I must remind you that you're under oath.

You don't want to

put yourself in a position
where you could be on trial for perjury.

Are you sure that you heard
what you said to her?

Well,

I was sure.

Are you sure now?

Well, they they said something like that.

I'm afraid we'll have to excuse this
witness.

As the court pleases.

You stepped down any.

He's giving up too easily on this witness.

I don't care about his testimony.

Well, if you folks on the jury don't pay
any attention to what Eddie has just said.

Now, the testimony, this last witness
only stricken from the record,

you folks will not consider his testimony
in reaching your decision,

calling your next witness.

I called Libby Carter to the stand.

I danced with him at the square dance.

He didn't stay too long.

He said he had to leave to meet Mr. Ivers.

Did he say why he was meeting Mr. Ivers?

He said it was business,
but he said a real sly like.

Objection.

The witness is expressing an opinion.

Objection. Sustained.

But he did say he was meeting Mr. Ivers.

Yes, sir, he certainly did.

Is this a m*rder weapon?

That's what I've been told.

Did Major Adams tell you
he found this r*fle in Mason's wagon?

Answer the question. Do.

Yes, sir.

So that's where he founded.

The butt of this weapon.

Sustained with Ivers blood, is it not?

That's what I heard.

But I have no way of knowing.

I must ask the witness.

Confine his answers to questions asked.

Is this g*n the property of the accused?

I'm told that it is.

Don't you know for a fact that it is?

I have no way of knowing this.

Further questions.

How many g*ns are there
like this in the garden?

Oh, there's hundreds.

I guess that r*fles,
standard hunting equipment.

I see, Isn't it possible
that someone else might

have used this g*n to commit the m*rder
and then placed it in Mr.

Mason's wagon?

Yes, sir, it sure is. Objection.

Objection Overruled.

Mr. Drew,
I don't know how you can say that.

That is not possible.

Did you go to the square dance
with Bradley Mason? Yes.

What time did he leave you?

He didn't leave me.

Did he leave before the dance was over?

No. Come now. We know that he did.

He didn't leave me.

Did he tell you to say that?

No He didn't tell me.

You? You've heard
witnesses say that he did it.

Is it true?

Had Bradley Mason
been drinking that night? Yes.

Did he tell you where he was going
when he left, John?

He didn't leave me.

I went back to his wagon with him
after the.

Be careful of your arms, this young lady.

You are under oath.

He didn't do it.

He didn't do it.

Are you in love with the accused?

He didn't leave me.

And no further questions.

The witness excused.

Him. David, you know the difference

between telling a lie
and telling the truth, don't you?

Promise me you tell the truth right now.

That's a good point.

Now, David,

you and I are just going to talk
as if there was no one else here.

Look at me.

Don't worry about anyone else.

Right.

The night

your father went away,
did he go away with anyone?

Can you show us who he went away with?

Sam, do you know that man's name?

David Clarke.

Could you say that a little louder?

Prayer.

Was it late at night
when he saw your father?

How do you know?

I woke up. I was in bed.

You told me it.

You heard him
saying something to your father.

Can you remember what it was he said?

But here the boy's asleep
and my daddy said, down by the creek.

And Bradford said, Let's go see one.

And you'll never see our father again.

He's dead.

My dad is dead.

That man k*lled my daddy. Oh,

no, no.

We won't. Forget.

I didn't

even know it.

But I am back and back here.

He's done protecting Mason and

his colonel.

Have a recess tomorrow.

When we get back,
we'll see about passing sentence.

Now, get out of here.

All courts are adjourned.

They're going back to wagon.

Don't

do that.

So you were waging a magnificent fight.

Here it is. Splendid.

And somewhat

like the old joke about the surgeon
that performed the magnificent operation.

But the patient died.

I never could quite see the human at all.

Just myself.

What are you talking about, Mark?

You didn't lose your case. You won it.

You were fighting for justice and justice.

You got Franklin Bragg confess.

Does not alter the fact
that he was given a trial certain death.

And you were defending a man
who had no defense.

Didn't he?

A poor boy.

What he needed was a lawyer.

What we gave him was a teacher.

Excuse me, sir.

My dear fellow,
you mustn't reproach yourself.

He confessed to a teacher.



He has many voices,
studies, many kinds of eyes.

Soon learns to differentiate between cry
of desperation, the cry of truth.

And a lawyer picks up a certain amount
of cynicism over the years.

Cynicism mostly about himself.

He knows he believes his client
to be innocent

simply
because that's what he wants to believe.

But you see, I'm not a lawyer, sir.

I'm a teacher.

I'm sorry, my boy.

Obviously,

I never believed you did it.

I never believed you did it.

You chose teaching.

You have been a great advocate.

Yeah, maybe so.

But then he'd have been just one attorney

has a teacher.

He's given the world thousands
of young lawyers, thousands of young men

who believe, just as he does,
that this is a country of law.

And the law must be honored

just as the rights of each man
must be honored and defended.

If you're going to have any justice here

now, come on, boy.

Let's go now.