03x04 - Time After Midnight

[bunniefuu]

[laughter]

May I offer you
some brandy, Jarrod?

No, I don't
think so, Jim.

And after a dinner
like that,

the best brandy
in the world would
be an anticlimax.

Now, that's what
I don't understand.

What's that?

You two went to the same
law school together,

but Jim never pays me
compliments like that.

Oh?

I must plead mitigating
circumstances, my love.

After all,
I amyour husband.

A very poor defense,
Mr. Scanlon.

I suggest
you get yourself
a good lawyer.

[laughs]

You will have some coffee,
won't you, Jarrod?

Yes, please.

Well, well,
what's all this?

A little homework?

The Cunningham case.

Oh, yes.

Well, I'd say,
from the looks
of this,

you've finally got
something on him.

I have.

Receipts, affidavits,
depositions.

I can prove his men
dynamited the Collier dam.

Everything there
points to the fact

that his motive
was to buy up the
flooded farms cheap.

That sounds a little
like an opening address
to a jury.

It might be.
And this time...

there's gonna be
no tampering with the jury,

no bribery of witnesses,
no falsifying evidence.

This time,
Mr. Joshua T. Cunningham

is going to find out that
he is not above the law.

He isgoing
to prison, Jarrod.

You go after him
like that in court,
and I'll bet on you.

But, you know, Jim,
I'm curious about one thing.

JIM:
What's that, Jarrod?

Well, Cunningham
and his lawyer
are no fools.

They know you're
the best prosecuting
attorney in California.

I'm surprised
they haven't moved
for a change of venue.

They did.

Judge Farnum
denied the motion.

It's beginning to dawn
on Mr. Cunningham

that the days
of the freebooters
in this state are over.

I hope you're right.

[knock on door]

Would you excuse me?

Thank you.

Jim!

♪ [theme]

[knock on door]

That's all right, Silas.
I'll get it.

Thank you, Miss Audra.

Hello, Mr. Gaines.
Come in.

Hello, Audra.
Is Jarrod home?

Yes, he's
in the library.

Hello, Howard.
How are you?

As well as
could be expected

after what happened
to Jim Scanlon
the other night.

Yes.

Jim was gifted and honest--

Two things Cunningham
couldn't cope with.

Except with a shotgun.

How is Mrs. Scanlon?

She went up to Sacramento
to stay with her sister.

Mother went with her
so she wouldn't have
to travel alone.

Well, Howard,
sit down.

We're about
to have lunch.
Will you join us?

Uh, no,
thank you, Audra.

Well, to get to the point
of my visit...

as you know, it's my job
as chairman of the county
board of supervisors

to appoint an acting
district attorney

to replace Jim Scanlon till
an election can be called.

That shouldn't be
difficult.

Well, under ordinary
circumstances,

I'd appoint Mark Bromley.

He was Scanlon's assistant
for two years.

He's acquainted with
the work of the office.

But...

But what?

Bromley's young,
inexperienced.

He's never prosecuted
a case on his own.

Cunningham's lawyer
would tear him to pieces

and feed him to the jury,
one bite at a time.

I guess you know
why I'm here.

I think you
underestimate Mark.

He's young, but he's
smart, clever.

He has the advantage
of having helped Jim
prepare the Cunningham case.

He knows it
inside and out.

He also knows Cunningham...
and he's scared.

Well, then there
must be other lawyers.

None as qualified
as you are, Jarrod.

Once you served as assistant
district attorney.

Yes, and I was
about the same age
as Mark is now,

and just as scared.

Believe me,
he'll get over it.

Jarrod--

No, Audra.

How can you say no?
Jim was your best friend.

And that's exactly
why I won't prosecute
Cunningham.

I don't understand.

If Cunningham's lawyer
is as smart as
I think he is,

he's going to try
and convince that jury

that I'm not prosecuting
his client because he
blew up Collier dam,

but because I'm trying
to avenge the death
of a friend.

He'll pose Cunningham
as the victim of some
kind of personal vendetta,

and probably
get away with it.

I don't think
that's valid, Jarrod.

Neither do I.
The jury will judge
the facts.

Maybe.

And maybe not.

I don't intend
to take the gamble.

All right, Jarrod.

All I could do was try.

Audra.

-Jarrod, who else--
-I've made my decision.

All right.

I just hope
you don't regret it.

Come in, Jarrod.

I hope you don't mind,
we've made ourselves
at home.

Mason had a key
that happened to fit
the lock.

Sit down, Jarrod.

What do you want?

Well, I've got
a problem, Jarrod.

The state land office
is starting hearings
next week in Sacramento

on a new open range policy.

Now, I'm interested
in getting my views
before the board.

But, as you know,
I'm stuck here in Stockton

because of this
stupid dynamiting charge

the state has against me.

It occurred to me
that I could hire you

to represent me
in Sacramento.

The hearings will last
four, maybe five weeks.

I'll make it
worth your while.

Get out of here,
Cunningham.


and expenses.

How's that sound?

Get out.

You're too busy
to take the job?

I'm always busy.

You will get a bill
for that.

[scraping]

That's enough, Correll.

There's talk
around town

you may be
appointed acting
district attorney.

Is there?

I heard Howard Gaines was
at your place yesterday

asking you
to take the job.

Remarkable how
you keep your ear
to the ground.

[laughs]
Yes.

I assume you accepted.

You know, you could've
saved yourself

this masterful attempt
to buy me off.

What?

I turned Gaines down.

I think you made a very
wise decision, Jarrod.

Whatever you may think
of my offer

to represent me
before the land office,

it still stands.

It's yours
if you change your mind.

I think I just did.

What?

Changed my mind.

Well, fine.

You're much too anxious

to have an inexperienced
assistant like Mark Bromley
prosecute your case.

So, I'm gonna be
in that courtroom
when your trial opens.

And I'm not
gonna let up on you

until I put a rope
around that rotten
throat of yours

for the m*rder
of Jim Scanlon.

Now, for
the last time...

get out.

Now, I'll be lookin'
for that bill from you,
Barkley.

And you'll get paid.

[door closes]

[humming]

They sure don't make
knives like they used to.

I hadn't noticed.

It's a fact.
It is a fact.

Well, now, that's
fascinating information.

[humming]

Nick, do you mind?

Oh. Sorry.

I got all the chips
all over the place again.

There, that's better.

[sighs deeply]

No, they sure don't
make knives like
they used to.

But they also
don't make desks
like they used to.

[sighs] Look, Nick,
why don't you go get
something to eat?

I'm not hungry.

What do you mean
you're not hungry?
You're always hungry.

But, I--

[footsteps]

[knock on door]

I'll get it.

-Who is it?
-Mark Bromley.

-Hey, Mark.
-Hi, Nick.

Evening, Jarrod.

Hello, Mark.
Glad you could make it.

Here's the last of
Mr. Scanlon's file
on the Cunningham case.

Thanks.

If there's anything
more I can do,

don't hesitate
to let me know.

Mark.

I, uh... kind of feel
I should apologize

for taking this case.

Apologize? Why?

Well, it would've
been quite a chance

for you to make
a name for yourself.

Heh.

It's a great chance
for me to fall flat
on my face, too.

The important thing is
to get Joshua Cunningham,
Jarrod.

Maybe I could have.

"Maybe" isn't good enough.

I know you can.

Thanks, Mark.

Good night.

-Night, Mark.
-Good night.

-Howdy.
-Oh, now, this is too much.

What'd I say?

Look, one well-intentioned
brother is enough,

but two is impossible.

Now, look, why don't you
get out of here and
get something to eat

so I can get
some work done? Out.

Now, wait a minute--

Just go get yourself
a beer, anything.

Only leave me alone
so I can work.

-One condition.
-What's that?

That you don't budge
from this office.

I promise.

-Beer?
-Beer.

Beer.

All right, let's go.

Jarrod!

[coughing]

Jarrod.

Jarrod,
you all right?

-I can't see, Nick.
-What do you mean?

Jarrod!

I can't see.

Mm-hmm.

Now I'm going to
expose your eyes

to different
degrees of light.

Tell me if you see
anything at all.

Anything?

Nothing.

Keep trying.

Anything?

I can feel the heat,
but that's all.

[blows]

I'll be back
in just a moment.

Nothing?

Is it permanent?

I can't tell.

What do you mean,
you can't tell?

You just examined him,
didn't you?

Go on, doctor.

The two major causes
for sudden blindness

are damage
to the optic nerve

or an hysterical
blindness

brought on
by an emotional shock.

-Which is it with Jarrod?
-I can't be sure yet.

But if damage has been done
to the optic nerve,

then blindness is permanent.

And if it's shock?

Then there's a chance
he can recover.

When or how soon,
I don't know.

We can only wait.

But in the meantime--

In the meantime,
he's blind.

Doctor, what can we do?

I don't know.

I only know what
you shouldn't do.

Don't pity him
or cry over him.

Don't lead him around
like a crippled puppy.

Adjustment to this is going
to be hard enough for him

under the best
of circumstances.

But if you cr*pple him
with your concern,

then you'll make it
impossible for him.

That goes for all of you.

We understand,
doctor.

[thud]

I, uh, was looking
for some water.

I tripped.

Well, I'm gonna see
Mr. Cunningham
right now.

I'll go with you.

Barkley's brother.

Cunningham,
for two cents,

I'd give you a beating
to make you wish
you weren't born.

My credit's good.
Help yourself.

Uhh!

Just stand quiet.

[grunting]

Hold it!

Oh, sorry, sheriff.

It's all just
a little mistake.

Yeah--Yours.

You all right, Nick?

What now,
Cunningham?

He came looking
for trouble, Madden,

and he found it.

Cunningham...
you just best
go to prison.

-'cause I'm gonna
get to you.
-Watch it, Nick.

I know what I'm saying,
and I mean every word
of it, and you know it!

All right!

Let's go.

SILAS: You're doin'
fine, Mr. Barkley,
just fine.

Thank you, Silas.

Silas...

Would you please
get me some eggs
from the henhouse?

I'd like them now.

Yes, ma'am.

Morning, Mother.

Good morning, Jarrod.

Well, it, uh...
seems I'm on my own.

You've lived in this
house all your life.

You know it by heart.

No more pampering, huh?

Isn't that the way
you want it?

All right.

Here we go.

How was that?

Very good.

It was wonderful.

Audra.

Well, I'm in the foyer,
so there--

There should be a little
table right over here.

Right about--

Right about here.

Right here.

The living room
is right over there.

The archway is
right up there, so...

it should be about...

one...

two...

three...

four steps.

Don't stop now.
You--

JARROD: All right,
let's try the living room.

There should be
some chairs
right over here.

One...

two...

three...

four...

five.

That's fine.

The drapes are open.

How could you tell?

I can feel the warmth
of the sun.

Jarrod,
Nick took the crystal
off your watch.

You can tell the time
by touching the hands.

Heh.

Remind me to thank him.

I'll fix you
some breakfast.



That's right.

What day is it?

I mean, how long
has it been since--

Three days.


day, night--

They're just
words now.

It's like living
on the dark side
of the moon.

You can run along
now, Audra.
I'll be all right.

Who's that?

Mother? Audra?

It's Sharon.

Sharon?

Jarrod.

Sharon, what are you
doing back here?

I came back as soon
as I heard about--

About what happened.

Yes. Well, I--

I was hoping maybe
you wouldn't hear.

It seems to me you've
already had enough--

I'm all right now,
thank you, Jarrod.

I brought you dinner.

Yes, I know.

Ham, isn't it?

Baked.

[laughs]
Show-off.

There, now. You eat,
and I'll talk.

Sharon, I--

I wonder if you'd mind
not staying.

Oh?

Well, you see,
what I euphemistically

refer to as my
"Awkward situation" is--

Well, it's particularly
acute at mealtime.

-Jarrod, I understand.
-Do you?

No, I--I don't
think you really do.

Maybe a little
demonstration.

Now, the meat--

That's not particularly
a problem.

But the vegetables--
Ha ha! Those vegetables.

Now, that is
the real challenge.

Now, let's see.

Well...

perhaps now
you can understand

why I prefer
to eat alone.

I can afford myself
the luxury

of using my fingers.

We'll talk later, then.

Yes.

Jarrod, what--

Yes, yes, I asked
Sharon to leave.

Well, she was only
trying to help.

You can't go on
like this. You--

Jarrod.

Do you know an attorney
by the name of
Marvin Sanders?

Yeah. Yeah,
he's Cunningham's lawyer.

Well,
he and Cunningham

just had a powwow
in Sanders' suite
at Stockton house.

Well, what of it?

-You know who else
was there?
-How would I--

Mark Bromley.

Now, if Bromley's
gonna prosecute,

what was he doing
meeting with Cunningham
and his attorney?

There could be
an explanation.

Mm-hmm,
including the fact
that Bromley sold out.

Cunningham either
scared him off
or paid him off,

or a little bit
of both.

You can't be sure
of that.

Then what was Bromley doin'

sneakin' out the back door
of that hotel?

He did what?

I saw him.

The meeting still could've
been innocent enough.

Perhaps. But can you
take that chance?

What do you mean, me?

You're still acting
district attorney
of this county.

Well, a simple
letter of resignation
will take care of that,

if someone
would be kind enough
to write it for me.

It's too late for that.

If Mark Bromley
has sold out,

the rest is up to you.

I can't go into
that courtroom.

I can't do it!

Yes, you can.

Now, listen to me,
Jarrod.

Nothing has been
decided.

Perhaps one day
you will see again.

But if and when
that day comes,

it won't mean a thing

if you can't stand
the sight of yourself.

Do it.

The jury
having been sworn,

we will proceed with
opening statements.

Are you ready for
the state, Mr. Bromley?

-Yes, your honor.
-Mr. Sanders?

The defense is ready,
your honor.

You may proceed,
Mr. Bromley.

What's he doing here?

Your honor, I apologize
for this interruption.

That's quite all right,
Mr. Barkley.

As acting
district attorney,

I assigned Mr. Bromley
to this case.

However,
I've changed my mind.

It's my intention to
prosecute the case myself.

Very well, Mr. Barkley--

If you're prepared
to proceed immediately.

I am, your honor.

Mr. Bromley,
we may need those.

You scared?

Yeah, I'm scared.

Well, there's
no need to be.

We'll be right here
in case you need
anything.

Look at the jury.

They're already
beginning to sympathize
with Barkley.

Can't you do something?

I can try.

Your honor, this sudden
change in prosecutors

comes as a complete surprise
to the defense.

Had I known Mr. Barkley was
going to be my adversary...

I might've planned my case

with more
of an eye to--

An eye to what,
Mr. Sanders?

It's a delicate matter,
your honor,

and I'm loathe to
bring it up, but...

In fairness to my client,
I feel I must.

I... I'm referring to
Mr. Barkley's blindness,

and the fact that
the sympathy and compassion

that we all have for him

will exert an undue
influence on the jury

in arriving at a verdict.

-Your honor--
-One moment, Mr. Barkley.

What are you proposing,
Mr. Sanders?

Well, in justice
to my client, your honor,

I respectfully request
that Mr. Barkley withdraw
from the case.

Mr. Barkley?

I have no intentions
of withdrawing, your honor.

Well, in that case,
your honor,

I suggest that
the defendant

cannot receive a fair
and impartial hearing
in this court.

Mr. Sanders--

If he could,
he would be acquitted,

and Mr. Barkley
knows that.

And that's the reason
for his sudden

and dramatic takeover
of this case.

He's come here not to
prosecute the defendant,

but to persecute him.

He says to the jury,
"Forget the evidence.

Convict Joshua Cunningham
because you pity me."

-No!
-Yes, Mr. Barkley!

You've come here
to wave your affliction
and helplessness around

in the face of the jury
like a flag.

You shut up!

JUDGE: Order!

Now, I warn you,
Mr. Barkley,

I will tolerate
no such outbursts
in my court.

Sit down, sir.

Nick.

Your honor, I move
for a mistrial.

Motion denied.

When you're ready,
Mr. Barkley.

Gentlemen, I'll be brief.

It's the state's contention
in this case

that on June 24 last...

the Collier dam
was dynamited--

Dynamite planted
at the instigation
of the defendant.

Now, the state will offer
conclusive evidence of this.

We will further
introduce evidence

that will that the motive of
the defendant was simply to-

[crash]

I'm all right, Nick.

I'm all right.
Let me alone.

Are you all right,
Mr. Barkley?

Yes, I'm fine.

Now, gentlemen,
as I was saying...

the state will offer
conclusive evidence that the--

Get me out of here.

Get me out.

Court will recess
until 9:00 tomorrow morning.

How about a drink?

No, thank you.
Tearing a blind
man apart

isn't something
I care to celebrate.

There you go.
Right here.

Well, I think somebody
better tell Bromley

the job is all his.

You don't mean that.

Jarrod,
what did you expect

when you walked
into that courtroom?

Didn't you know
Cunningham's lawyer
would tear into you?

Yes.

Yes, but I hoped I'd
be able to take it.

You can.

Will you stop it?!

And stop trying to tell me
how brave I am!

I was lost out there.

A lawyer has to
be able to see.

He has to look
into a witness' eyes

and know whether he's
telling the truth or not.

He has to know what affect
he's having on the judge,
the jury!

He can't plead his case
to the wall.

Take me home.

Jarrod, I'm not
going to insult you

by saying I know
how you feel.

I don't know.
No one does.

But one thing
I'm sure of--

And it frightens me
just as much as that
courtroom frightens you--

That if you
don't do this,

you'll never
do anything.

You'll just sit
in darkness

for the rest of
your life, being afraid,
always afraid.

I need more time.

I don't believe that.

Time is your enemy,
not your friend.

Time will only ask
for more time.

Shall we go?

I just feel so helpless
out there.

You don't have to,
Jarrod.

What are you gonna do,
whittle me a pair of eyes?

You can hear,
can't you?

And you still have
a memory.

And you're gonna learn
that courtroom.

You're gonna get to know
every inch of it--

Every stick of furniture
and every crack
in that floor.

By tomorrow morning,

you're gonna feel
as much at home
in that courtroom

as if you'd
built it yourself.

One, two, three.

Your honor...

one, two, three.

Now, how was that?

Good.

-Tired?
-Tired.

That's too bad.
We're just gettin'
started.

Nick,
you just said--

I said it was good.

I didn't say
it was perfect.

That's what
it's gotta be
tomorrow morning

when you walk into
this courtroom.

It's important, Jarrod.

Yeah.

One, two, three.

One, two, three...

four.

And so,
gentlemen of the jury...

on the basis
of the evidence,

and the evidence alone...

the state is confident

that you will find
Joshua T. Cunningham guilty.

Your honor,
I call Simon Templeton.

And, as proprietor of
the Dry Forks general store,

did you, on the afternoon
of June 21st,

sell an unusually large
amount of dynamite?

I did.

Thank you, Mr. Barkley.

I now hand you
this receipt

and ask if you
recognize it.

I do.

It's a receipt for
the dynamite I sold.

And to whom is that
receipt made out?

Joshua T. Cunningham.

Your honor, the state
offers this receipt
in evidence.

All right.

I wonder if I might
trouble you gentlemen
for a glass of water.

Thank you.

On June 21st,
you were in Daleburg,

more than 100 miles
from Collier dam?

How many times I gotta
answer that?

Once more, Mr. Correll.

Yes!

Come, now, Mr. Correll,
even I can see
that you're lying.

-Objection.
-Sustained.

Mr. Barkley,
you know better than to
make a remark like that.

My apologies,
your honor.

You're excused,
Mr. Correll.
Call Aimee Carter.

That's right.

I own the Big Nugget
on the Dry Forks road

about two miles
above Collier dam.

And on the evening
of the 21st,

did several men
come in for a drink?

Yeah.

Did you know them?

No.

Would you recognize them
if you saw them again?

Sure.

Miss Carter,
are any of those men
in this courtroom now?

Three of them.

Him...

him, and him.

You gotta make
a liar out of
that Carter woman

when you
cross-examine her.

I'll do my best.

Are you giving up?

I'll play out
the hand, Cunningham.

But you might
as well face it--

Barkley's got you
right by the throat.

What if something
should happen to him?

An accident,
for instance.

I don't want to hear
talk like that.

It would bring Bromley
back into the case,

and I'd still
have a chance.

Good night, Sanders.

Good night.

How about
some coffee?

Ah, that's
what I need.

When did Heath and Nick
say they'd be back?

Oh, they'll be
riding herd
until morning.

Ha ha! I thought
it was kind of quiet
around here.

[knock on door]

MAN: Mrs. Barkley!

[knocking]

Mrs. Barkley!

Mrs. Barkley.

-Dr. Merar sent me.
-Dr. Merar?

Your son Heath's
been hurt in a fall
from his horse.

Nick took him
to the doc in town.

The doc thinks
you'd better come.

Silas, get the buggy.

Silas, I want you
and Audra to go with her.

Yes, sir. I'll get
back to town.

Run along.
I'll be all right.
Run along.

[clatter]

[clatter]

[clatter]

[clatter]

[clatter continues]

What do you want,
Correll?

Come on,
I know it's you.

You're the only man
in town

that wears those fancy
Mexican spurs.

That Mason with you?

I can smell that
cheap pomade a mile away.

And where you have
Mason and Correll,

you usually have Cunningham.
Isn't that right?

That's right, Barkley.

So, Heath wasn't
hurt after all.

It was just a ruse
to get me alone.

You thought you had
the rope around
my throat, Barkley.

You'll never
get away with this.

That's possible.

It's also possible
that I can.

If you're not in court
on Monday morning,
Bromley takes over.

Bromley can't
help you now.

He can if he agrees
to a mistrial.

And I think he can be
persuaded that

such a motion is in order.

Stand up.

He said get up.

[grunting]

Don't fight it,
Barkley.

All right, Cunningham.

What are you gonna
do with me?

You're gonna have
an accident.

There's an open well
out back.

You went out to get
some fresh air.

You got confused,
stumbled, fell into
the well...

and drowned.

Take a look outside.

MASON: All clear.

Bring him along.

All right, Barkley,
let's go.

CUNNINGHAM:
Correll!

Correll?

[blows]

[crash]

CUNNINGHAM:
Correll!

Correll!

Five, six...

[blows]

[crash]

[blows]

[crash]

[banging continues]

Let's try a window.

Ohh!

Get some light in here.

[groaning]

Correll?

Where is he?

-Where is he?!
-I don't know.

He busted the lamp.

You look upstairs,
I'll check the kitchen.

Yeah.

Looks like
he busted them all.

Aah!

In there. Come on.

[banging on door]

All right, Barkley--

You two have your g*ns out?
Drop 'em.

You'd better tell them
to drop 'em.

Do as he says.

One at a time,
so I can hear 'em fall.

I can take him.

Come on, try it!
We'll see which one
gets it first--

Me or your friend here.

No, Correll!

Let me hear it fall,
Correll.

Now kick them over here
where I can feel 'em.

All right.

Now, you two
get out of here.

You get on your horses
and let me hear you ride

just as fast as you can.

Do as he says!

[horses galloping]

Now we're gonna
get up, Cunningham--

Nice and easy.

All right, there's
a chair over there.

Walk to it,
nice and easy.

You're gonna
sit in that with this
g*n at your head

until somebody comes
to take you off
my hands.

I imagine it's been
a pretty long three weeks
for you, Jarrod.

The longest
of my life, doctor.

Well, let's get on
with the work.

Try these first
three lines.

Are those letters
still blurred for you?

Huh? Oh, uh...

"M", "T", "E",
"L", "E", "H".

Fine. Now go on
to the next one.

"F", "D", "P",

"L", "T", "C",
"E", "O".

[laughs]
Pretty good.

Even though you did get
a little a head of me.

But, doctor,
that's not--

Not the second line, no.
Even better.

"F", "D", "P"--

-Oh, Jarrod.
-Ha ha ha!

Oh, Jarrod!

Oh!

There's no doubt
about it, Jarrod--
You're as good as new.

You're very fortunate

that there wasn't
any damage to
the optic nerve.

Thank you, Doctor.
Thanks for everything.

Well, we got some
fences to mend.

We're, uh...
very glad for you, Jarrod.

But now we've gotta
get to work.

-Uh, hold it
a minute, Nick.
-What?

Could you boys
use a little help?

-Well--
-Well, we sure could.

Well, I'm your man.

[laughs]
You're not--

You're not serious
with those...

lily-white hands
of yours.

Well, I don't think
I'd look any sillier
digging a posthole

than you must've looked
in that courtroom.

[laughter]

♪ [theme]