03x13 - Night of the Executioner

[bunniefuu]

Go on. Open up, Dan.

I don't know,
Mr. Simmons.

I think you better
talk to him
from out here.

I said to open up.

Go on.
Wait out there.

Boy, you know who I am?

I know who you are.

You're Gabe Simmons.

Mr. Simmons will do.

Now, you know that
I'm the man

that put up
the $5,000 reward
that put you in here?

Oh, I know that,
Mr. Simmons.

I just been prayin'
to the good Lord every night

that I get a chance
to pay you back.

[chuckles]

Well, I admire
a man with spirit.

No hard feelings, Jimmy.

But when a man comes
into my territory,

into my town...

I know it's your town,
Mr. Simmons.

I didn't know you bought
the whole country.

When a man comes
into my territory,

robbin' my banks,

well, that's bad
for business, Jimmy,

and what's bad for business
is bad business for me.

Now do you understand?

You wake me up
in the middle of the night

to tell me that I'm bad
for your business, Mr. Simmons?

You've been
an enemy, boy.

An enemy of the people.

How would you like
to wipe the slate clean,

do something for the people?

I'm doing something
for the people.

I'm givin' them the pleasure
of seein' me hang.

Well, do this thing,

and maybe the people,
in their gratitude,

won't want that pleasure.

[scoffs]

Now...

How would you like
to have a retrial, Jimmy?

How would you like to have
a jury, my jury,

bring in a verdict
of innocent this time?

Now, boy, I'm offering you
your life back.

Jimmy, how many men
you k*lled?

Oh, I don't know.

Six, seven maybe.

Ten, eleven, maybe.

That I could remember.

Well, then, you wouldn't mind
killin' one more, would ya?

Oh, I'd be obliged,
but under the circumstances,

I think that'd take
some doin'.

Well, we'd release you
to do the job.

You see, you'd have
a perfect alibi, Jimmy.

You were sittin' here
in the jailhouse,

waitin' to get hanged
while the m*rder was committed.

♪ [theme]

Whoa. Better watch
where you're goin'.

Oh, easy, Matt.
Come on.

Now you get right home
for supper,

or your daughter's
gonna be awful
put out with you.

Come on.

Got a room
for the night?

You'll have to settle
for the whiskey.

Town's been full up
since early this mornin'.

Big day tomorrow.
Will Oakley's comin' home.

How far is Hazelton?

Oh, about a good
three hours.

If you got a bedroll,
why don't you pick

a nice, soft spot
outside of town and sack down?

Start fresh
in the mornin'.

Not a bad idea.
How much?

Half a dollar.

Sign says ten cents.

Supply and demand.

Tomorrow's a holiday.
Everything's gone up.

Why don't you come back
tomorrow for the big parade?

Don't know
that I can afford it.

[drunkenly]
Good... good night,
you dear horse.

[singing]

[singing continues]

[laughing raucously]

Oh, Pa.

Come on, Pa.

I'm all right.

Oh, let me help.
Come on.

I said I was...

See? Look what
you done.

Lie there all night
for all I care.

Find yourself a hole
and bury yourself.

Vera.

[weeping]

Oh, Pa.

Come on.

Come on.

Come on, come on.

[horse whinnies]

You have any trouble, Dan?

No trouble at all.

-Nice-lookin' animal.
-Yeah.

Now, Jimmy, stay outta
sight until it's time, hear?

Go on now.
Move out now.

Go on.

Yah!

Boy, you know
who we want?

Will Oakley.

Will, you hear that?

Don't sh**t, men.
I'll go quietly.

Gabe, you old
son of a g*n.

Now, Will, you still know
how to ride a horse?

Still spot you 50 yards
and wind up lookin' back at ya.

I'm gonna call
your bluff, Will.

I brought a horse
out for you.

Boy, bring that animal out.

Which one of his legs
is busted?

[laughter]

Now the mayor says
it's undignified

for a united states
congressman to ride horseback.

That's the way I rode out


That's what I told the man.

Will, them things
on the side of the horse,

they're called stirrups.

You're supposed to put
your feet in 'em.

Old fella, you want me
to help you up on that horse?

Now look at him.

He's in pretty good shape
for an old fella.

Ah, now I'm home.

Not yet, you ain't, Will.

Have a cigar.

Well, that does complete
the picture, all right.

Good seein' ya, Gabe.

It's good seein' you,
too, Will.

Thought there might be,

well, a little residue
of hard feelings.

You mean because of
that bill you've been
tryin' to get through?

I understand you were
interested in that acreage.

Well, it's 1,000 acres
of oil-rich land.

Anybody'd
be interested, Will.

It's government
property, Gabe.

It'd be a crime to sell it
to you at any price.

Much less for what
you're offering.

Well, you can't blame
a man for tryin', can you?

After I introduce my bill
and after it passes,

you won't be able to touch
that land at any price,

no matter how hard
you try.

Now, Will, I'll fight you
with everything I got.

But if that bill
gets passed...

let me put it this way.

What is a million dollars
of soil against our friendship?

MAN: My God!

Will!

Will!

Up there. Look!
On the ridge!

Will, I'm sorry.

I'm sorry, Will.

Will, I promise you,

whoever he is,
wherever he goes,

we'll find him
and make him pay.

Driver, you take
the congressman
back into town.

Jimmy?

Hiyah!

Hold it!

What you doin' here?

Camped here last night
a little ways back.

What's your name?

Heath Barkley.

Let me see your r*fle.

Now where you from?

Stockton.
What's this all about?

I'll ask the questions.

You say you spent
all last night campin' here.

That's right.

Doesn't smell like
it's been fired recently.

Sure ain't the horse
we saw, neither.

k*ller coulda got rid
of the g*n, changed horses.

k*ller?

You think we're out
ridin' for exercise, boy?

About an hour ago,
somebody shot and k*lled
Congressman Will Oakley.

Ridin' a black
and white pinto.

I saw the man you're
lookin' for a little while ago.

Well, did you now?

You saw the man
that k*lled Will Oakley?

Saw a fella named
Jimmy Sweetwater

ridin' a black-and-white pinto.

Who?

Jimmy Sweetwater.

Gabe, he's drunk.

But, Gabe, look...
take it easy, Dan.

Now, boy, how do you know
that the man that you saw

was Jimmy Sweetwater?

It was him.
I've tangled with him before.

Now, son,
you made a mistake.

Don't run it into the ground.

Jimmy Sweetwaters
in our jail,

has been for
the past three weeks.

I don't know
what kind of jail you got,
but I'd check it again.

All right.
Maybe he got a point.

Maybe he broke jail.

Which way was he headin'?

Back towards town.

Well, now,
that makes very good sense.

Jimmy broke outta jail,
found him a horse somewhere,

and then, instead of runnin'
for the border,

he stops long enough
to sh**t and k*ll
Will Oakley,

and then heads
back to Pinewood

and to the jailhouse.

As a matter of fact,
dollar get you ten

when we get back into town,
we're gonna find

that he's escaped right back
into that cell.

Boy, we don't have anything
to hold you on, not yet,

but there'll be
other posses formin'.

Some official,
some not so official.

So you tell that crazy story
about seein' Jimmy Sweetwater

to them, maybe their
sense of humor is not
as sharp as ours.

Boy, I believe it'll be
in your best interests

if we don't ever
set eyes on you again.

Come on, sheriff.
Move out.

-Howdy. Come to join the posse?
-Posse?

Marshal's roundin' up
a posse to help out
the one in Pinewood.

Find the man that
k*lled Will Oakley.

Nick Barkley checked in?

This arrived
this morning.

He's going
to be late.

Josh brung it right over
the minute it got here.

Like I was sayin',
old Josh brung it
right over.

Always tip him a dime.
Worth it, don't you think?

Like your room now?

Soon as I get
my horse stabled.

Boys, I wanna thank you,
but I won't be needin' you now.

We just got a wire
from Pinewood.

Says the caught the fella
that shot Will Oakley dead.

Who done it, Marshal?

Some fella named
Matt Carson.

Marshal, this Matt Carson,
do you know what he looks like?

I never laid eyes on him.

They told me some kind
of an old drunk.

Rotten thing when
some drunken clown can...

I'm gettin' tired of
bein' nice to you, Matt.

Now we know
you did it,

and we know why.

I didn't.
I swear.

Matt, a dozen people
saw you.

Saw me?

Saw your horse.

That was your horse,
wasn't it?

My horse?

A black and white
pinto.

And this r*fle,
the m*rder weapon,

this is yours, too,
now, isn't it?

Mine?

It's got your initials
carved right in the stock.

That is your mark,
is it not?

Oh, come on, Matt.
Make it easy on yourself.

Get it off your conscience.

We don't need it.
We got plenty of evidence.

But for your
own sake, confess.

Now, Matt, I could
beat it outta ya.

That's what
everybody's
expectin'.

But why make it
hard on yourself?

Come on, Matt.

You can beat me.

You can k*ll me.

That's not gonna
change anything.

I didn't m*rder
Will Oakley.

[knocking on door]

How they treatin'
ya, Matt?

No complaint.

There won't be any, either,
I promise you.

You know I keep
my promises.

Matt, I came here
to help you.

Protect you.

See that justice
is done.

Matt, I want you
to tell us everything.

I want you to tell us
everything that happened.

I don't remember.

I just don't remember.

You mean it's all
kind of hazy.

Yes, that's it.

We can understand that,
can't we, sheriff?

I mean, you been plannin'
this thing for such a long time.

I been planning?

To k*ll Will Oakley.

No.

Now, Matt, I heard you
threaten Will myself.

That was just...

I drink.
Too much maybe.

Everyone knows I drink.

When I drink...

maybe I bragged a little.

You see, Will Oakley
did me dirt once.

A business deal.

But that was years ago.

Yeah, it was years ago, Matt,

but you ain't never
forgotten it, have you?

Especially since Will Oakley
went on to become

a united states
congressman.

You... well, we all know
what happened to you, don't we?

Now you had the motive,
you had the r*fle,

and you had the horse.

I didn't k*ll him.
I swear.

You swear you don't
remember killin' him.

It was all hazy.
That's what you swear to,

and that's what we believe,
don't we, Sheriff?

Yes, we do, Matt.

I mean, you were drinkin'.
You were drunk.

You can't recall your actions.

You can't recall
takin' your r*fle

-No...
-Loading it...

No, no!

Riding up to the ridge
and waiting.

Waiting for Will Oakley
to make himself a good target.

I mean, you knew.

You knew that we planned
to stop the stagecoach.

No.

You knew it,
everybody in town knew it,

and you knew it
best of all.

Matt, you just can't
seem to remember.

Sheriff, I thought
we decided

we're gonna help Matt
to remember.

Yeah. Oh, yeah.

That's right.

Now read it, Matt.
Go on.

Maybe it'll help you
to remember.

I wrote it out
for you.

Just the way I
figured it happened.

The only way it
could've happened.

Now if there's anything
you want corrected in there,

the sheriff'll
be glad to oblige,

wouldn't you, Sheriff?

If not, just go ahead
and sign it.

"On the morning
of October 16,

I, Matthew Carson,
being in full control of..."

I'm sorry.

I'll read it for you.

"Being in full control
of my senses,

and fas... fasu..."

Faculties.

Yeah, that's right.
Faculties.

"I did lay in ambush
and did finally deliver

the fatal shots which k*lled
congressman Willard Oakley."

No.

No!

No!

Hold it, Sheriff.

He's right, Sheriff.

Matt, believe me, I had no part
in writing that confession.

Now you should be
ashamed of yourself, Dan.

You know better than to do
a stupid thing like that.

Hand me that paper.

Thank you.

Go on and get me a pen.

And some ink.

Now then, "In full control
of my senses and..."

There it is.
That's the lie.

He was drunk.

He did it.

He did it while
he was dead drunk.

Drunk out of his mind.

Isn't that right,
Matt?

Drunk? Yes.

Yes, I was drunk, but I...

Crazy drunk.

Don't you see, Matt?

It's a defense.

You didn't know
what you were doin'.

You were not responsible
for your actions.

Yes, that's it.
That's it.

Shame on you, Sheriff.

"The Lord sayeth,
vengeance is mine."

He staked out
that territory
for himself.

Here, all we hope to see
is that justice is done.

And justice isn't
hangin' a man

who kills while he's
under the influence of alcohol.

It's unfortunate, but it sure
as heck ain't m*rder.

Matt, I don't think
there's anything in there

that you can't sign.

What I did was,
I crossed out the words

"In full control
of my senses and faculties,"

and I wrote, "While under
the paralyzing effect

of intoxicating beverages."

You can sign that, Matt.

Matt, a whole battery
of Philadelphia lawyers

couldn't give you
a better defense than
I just give you.

Go on and sign it.

Oh, Sheriff, why don't
you get something--

something for
Matt to lean on?

Like that bible
over there.

That bible
will do just fine.

Thank you.

Go ahead
and sign it, Matt.

[door opens]

About my seein'
Jimmy Sweetwater this morning.

I thought we laid
that goose to rest, boy.

Well, I thought
so, too.

But you had to come back here
and make certain, didn't you?

Could it be?

Nah. That's crazy.

Still and all...

Sheriff, when was the last time
you checked back there?

Checked?

The cell block, to see
whether Jimmy was still there.

Not since early morning,
I'll bet.

And surely not since then.

We did have other
more important things
on our mind, didn't we?

Like runnin' down the man
that k*lled Will Oakley.

Well, then,
that's out the way.

Maybe we owe it to ourselves

to see whether our Jimmy boy's
flown the coop.

Dan?

Come on, boy.

Hey, Jimmy.

GABE: Is that the man
you saw?

Go on, try the door.

Daniel here may have
forgot to lock it.

How about the window?

Jimmy, you been flyin'
outta there

and then flyin'
right back in?

Now, boy,
I asked you a question.

Is that the man you saw?

He sure looks like him.

But I don't see any wings,
so Jimmy sure as heck

didn't fly outta here.

Leavin' just one
possibility.

Like what?

Like maybe I oughta
have my eyes checked.

Now you send me the bill.

You come out of your way
to serve the cause of justice,

and I appreciate that.

About a week or so ago,

I thought I saw
an old aunt of mine,

been dead and buried
five years now.

Mind play's funny tricks.

Eyes go along with it.

Maybe seein'
ain't believin'.

I said maybe I oughta
have my eyes checked.

But even if I was
certified stone blind,

I'd still swear it wasn't him.

Sorry.
No whiskey today.

You all sold out?

No, sir. In case
you haven't heard,

we had a tragedy
round here.

Will Oakley
was k*lled.

No place in town
is serving anything
till after the funeral.

Fair enough. How about
some of that coffee?

Weren't you in here
the other day?

Yeah,
I took your advice.

Camped outside
of town.

Yeah, there was
gonna be a big parade

and all kinds
of doin's.

This place woulda been
bustin' with business.

I'd have sold more whiskey
in two hours...

that's not
the important thing.

Will Oakley
was a great man.

He'd have been even greater,

except for a stupid old man
with a grudge.

They'll hang Matt Carson
for what he did.

But that won't
make things even.

This Matt Carson,
does he have a family?

Just his daughter.

You can't blame her for Matt.

And I feel sorry for her.

She's gonna be awful lonely
out there alone.

Where's that?

Old Carson place,
by the bridge.

That's out on
the north road, isn't it?

Mm-hmm.
That's right.

How much for the coffee?

Oh, it's on the house today.

You're not thinkin' of
goin' out there, are you?

-I might.
-I don't advise it.

Might look like
you were bein' friendly,

and this town
won't take to that.

Thank for the coffee.

Anybody home?

Wait. I just
wanna talk to you.

About your father.

It's important.

May I come in?

My name's
Heath Barkley.

You don't wanna
talk to me,

you just say the word
and I'll go now, ya hear?

That soup smells good.

Mind if I sit?

Tell ya something else
about that soup.

You offer me a plateful,
I won't say no.

Bet it tastes
even better
than it smells.

I'm sorry there's
nothing to go with it.

My father...

he was going to bring back
a loaf of bread.

I usually bake my own.

The past few days,
I've been so busy
at the store.

I work over at
the general store
for Mr. Crowder.

Well, we've been
taking inventory and--

Well, sorry.
I'm just babbling on
while my father--

That's all right.

I still can't believe it.

Pa a m*rder*r.

Anything else.

Every day, I expect to hear
that he fell down a mine shaft,

or fell off his horse
and broke his neck,

or walked into
a burning building

and didn't even feel the heat
until it was too late.

Anything else.

If you tell me he drowned
in his own glass of whiskey,

I'd believe it.

But that he'd take a r*fle,

lie in ambush
to m*rder Will Oakley?

Oh, no.

To anyone who knows
my father, no.

They say your father
had a grudge against
Will Oakley.

My father had
a grudge against the world.

Before my mother died,
he blamed her for
all his troubles.

If only he hadn't
been tied down

with a wife
and a daughter,

he could've gone out
and licked the world.

Somewhere years ago,

he just took
the wrong turn in life,

and he's been blaming
others for it ever since.

But, Mr. Barkley,
he's not a m*rder*r.

They said the man who did it
was riding your father's horse.

I don't doubt that.

-Used your father's r*fle.
-Probably.

Ma'am, that's mighty
powerful evidence.

Is it?

There are at least
three dozen people around here

that could tell you
how easy it would be

to steal my father's horse,
and his r*fle.

In fact, half the time,
he's so drunk,

you could steal his pants
without him knowing it.

Well, if it's any comfort,
I think he's innocent, too.

Too?

You're a stranger here.

You've never even
met my father.

I've seen him
a couple of times.

And despite all the evidence,
you know he's innocent.

There's more to it
than that.

I didn't say
I knew he was innocent.

You're working for him.

Him?

Him. Mr. Gabe Simmons.

You know who
I'm talking about.

He sent you here.

Nobody sent me here.

If he did, you better go back
and you can tell him

that whatever I know,
there's nothing I can prove.

I was at work
when it happened.

I can't prove that my father
wasn't up there

waiting to k*ll
Will Oakley.

I can't prove he didn't
fire those shots.

And if I could,
I don't think I'd try.

So if you're working
for Gabe Simmons,

you can get out of here
right now,

and you can tell him
he's safe.

I'd be glad to tell
Mr. Simmons all that,

except right now,
we're not exactly
on speaking terms.

What have you got to do
with all this?

I was just passing through.

Well, you shouldn't
have stopped.

And if you're smart,
you won't go back there.

Even to help your father?

Especially to help my father.

He's been dead for years.

Hanging's only going
to make it official.

Look, there's not
much I can do.

But my brother's
a lawyer.

I thought I'd wire him
from Hazelton.

Maybe he can help.

I'm sorry.

I know I sound callous.

It's just that I've waited
on him hand and foot.

I've washed him,
I've fed him as though
he were an infant.

And it's true,
when he dies, I'm free--

I'd like you to go now.

Mr. Barkley.

There's nothing you can do.

You, your lawyer brother.

Nothing anyone
can do.

Gabe Simmons is king here.

And if the king wills
my father dead, he'll hang.

People like Gabe Simmons
get their way.

And when it's done,
when he's dead,

maybe I'll begin to live.

You don't take advice
too good, do you, boy?

We don't appreciate a stranger
comin' in our town,

meddlin' in our affairs.

Cowards! Murderers!

Stay outta this.
We don't wanna hurt you.

Isn't one corpse
enough for you?

This ain't
your fight.

You rotten m*rder*r, Frank Satz!
Leave him be!

All right, he's had enough.
Let's get outta here.

Dirty...

I'll get a doctor.

-No.
-But you're hurt.

I'll be all right.

Now you know what happens
to little people.

Look, you've tried.

You've done as much
as anyone can do.

Will you go home now
and forget us?

But you'll die.

They'll k*ll you
like they k*lled
Will Oakley.

Or they'll hang you
like they're gonna
hang my father,

or they'll beat you
to death.

But you'll die.
I'm his daughter.

I should know.
He's not worth it.

He's not worth it.

I got to send a telegram.

A telegram!

[horses approaching]

All right, mister.

Get your horse.
You're comin' back with us.

I don't think so.

You defyin' the law?

This isn't your territory.

Maybe you better talk
to the marshal here.

Maybe I'd better.

Barkley.

Barkley.

Don't you take
another step.

HEATH: Marshal?

Marshal?

Yeah?

You better have a good reason
to come bustin' in here
this time of night.

That man is my prisoner,
Marshal.

He ain't goin' nowhere.

What's he done?

He k*lled
Will Oakley.

I thought you had the man
that done it, this Matt Carson.

We were half right.

Everything pointed to him
and still does.

It was his g*n,
his horse.

How does he figure
into it?

His name is
Heath Barkley.

Yeah, that's right.

He's one of
the Stockton Barkleys.

They got a whole lotta land
might be up for grabs

if Will Oakley's bill
had been passed.

That's a pretty good
motive, Gabe.

But wouldn't that be true
for you, too?

Yes.

Except for the fact that
Will Oakley was the best
friend I had in this world,

that he died in my arms.

Don't you take
my word for it.

We got it straight
from the horse's mouth.

Right from the man
that Barkley paid

to do his k*lling
for him.

Matt Carson.

Simmons, you really had
to dig to come up with this.

Matt confessed,
and he named this man.

Simmons, you're a liar.

Matt Carson didn't k*ll
Will Oakley,

and he couldn't have named me
because I never met the man.

Ask him, Marshal.
Ask Matt Carson.

That'll be kinda
hard to do,

seein' as how Matt hung
himself in his cell

five minutes after
he signed that confession.

What'd you do,
come back to
take another look?

He won't be here long, Jimmy.

No, sir. We're gonna hang him
for killin' Will Oakley.

[laughing]

Well, my, oh my.

They gonna hang you
for killin' Will Oakley.

That's the best laugh
I've had in years.

You better enjoy it
while you can, Jimmy.

'cause it's gonna wind up
with the laugh on you.

Yeah? What's that
supposed to mean?

I saw you near
that ridge

the morning Will Oakley
was k*lled.

After that, it doesn't take
much figurin'

to know who k*lled him.

What kind of deal
did they offer you, Jimmy?

Will Oakley's life
for your freedom?

What's the matter with you?

You been drinkin'
or somethin'?

You know, they can't
possibly set you free.

Once I tell my story
in court,

how they let you out
of this jail

to k*ll Will Oakley,
they're stuck.

They can't let you
walk outta here after that

without it lookin' like
I told the exact truth.

So if I hang,
you'll hang right beside me.

Kinda looks like
we're in this together.

I'm afraid
that's the truth, boy.

We were gonna talk to you
about it in the morning,

but maybe it's just as well
we tell you now.

There's been a slight
change in plan.

-Is that a fact?
-Yeah, that's a fact, boy.

That's a fact we all got
to live with if we want to live.

Yeah, he's right.

You ain't gonna get me
no retrial.

Stay right where
you are.

No, boy, there ain't
gonna be no retrial.

But you still
can get your freedom.

Now I'm not gonna
fool with you, Jimmy.

Once that boy back there
starts in to talkin',

once they suspect that
you k*lled Will Oakley,

you won't be free
for very long,

not with half
the U.S. Army lookin' for you.

Why don't you keep him
from talkin'

like you did Matt Carson?

Too many suicides,
too many accidents.

No. No, Jimmy, but if
Barkleys shot and k*lled

while he's tryin'
to escape...

all right.

Hey. Let's go.

I'm not goin' anywhere.

Yes, you are.

It's just like you said.
We're in this together.

They may hang us,
we may break outta here.

But we're gonna
do it together.

Right, partner?

Let's you and I go.

There's no time for that.
Come on.

Let's go.

Did you get him?

Nope.

Well, never mind.
We'll take care of him.

You better make your break.

There's a horse
tied out front.

Hey, it's me.
It's Jimmy!

You scum!

I weren't never trustin'
no law man.

Heath, don't you
worry none now.

I'm just ornery enough to live,
tell that marshal what happened.

But we better
hurry up and get him.

Buy you a drink?

Thanks, Marshal,
but some other time.

Well, little bit late,
aren't you?

I can explain...

Don't tell me you didn't
get my telegram.

I got your telegram.

I said I'd be here
last night, didn't I?

-That's right, Nick--
-And that this morning,

you and I would be on
a train headin' for
San Francisco.

Yeah, we--

To attend a very
important meetin'
which was to start,

-Oh, about a half hour ago.
-We missed it, huh?

Yes, we missed it.

And I don't want this
to come as a complete
shock to you, Heath,

but at least I had
the foresight to
telegraph ahead

that we may be
a little bit late.

That's real good thinkin'--

but you didn't
think of it, did you?

Just like you never
thought of leavin'
a message at the desk inside.

I thought of leavin'
word in there--

but you got tied up,
or should I say maybe
you got tied down.

Now I hope she was
worth it.

It was a girl,
wasn't it?

Nope. See, when I rode
into Pinewood,

the hotel was filled up,
so then I went over...

What was it, Heath?

You know somethin', Nick?
You're right.

It was a girl.

[laughing]

♪ [theme]