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02x02 - To Make This Place Remember

Episode transcripts for the TV show, "The Virginian". Aired: September 19, 1962 – March 24, 1971.*
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The series was loosely based on The Virginian: Horseman of the Plains, a 1902 Western novel by Owen Wister that Hollywood had previously adapted for movies.

02x02 - To Make This Place Remember

Post by bunniefuu »

[ theme music playing ]

No school today, Sammy.

Go on down to
O'Fallon Creek

and do yourself
some fishin'

with the rest of
the kids.

Yippee!

I'm sorry.

Cut out this nonsense,
Jethro.

Move all that stuff back.

There isn't gonna be
any trial.

You don't have
much of a library

for a growing
community like this.

All I could find was
Dalrymple's Diseases
of Livestock.

Of all the crazy notions,
this one takes the prize.

I'm tellin' you
there's not gonna be
any trial.

It says here you can
treat a sick calf

with fatback
and gunpowder.

Ever hear of that?

Don't joke with me, Judge.

Charlie, one thing
I'm not gonna be doing
with you today

is joking.

Judge Harper,
you can't do it!

It's crazy!

You can't try a man
that's already dead!

MAN: Hey, Garth!

Stage is pullin' out
in a half hour!

You get on it!

Get back to Medicine Bow
where you belong.

You hear me, Garth?!

What happened?

Cowpoke out there
thinks he can fix things
with a rock.

It's a put-up or
shut-up proposition,
the way I look at it.

I don't care
how you look at it.

I got no intention
of having--

You can't back down.

Who says I can't?I do.

He roped us into this thing
pure and simple.

Got us backed up
against the wall.

We quit now, the whole
territory of Wyoming

is gonna call us yellow.

Don't use
that word on me.

You back down now,
I'll use it on you.

You've got to go along
with the rest of us,
Charlie.

There's nothing we can--

[ door closes ]

Beware a silent lawyer.

What do you mean by that?

Old Judge McCracken
gave me that piece
of advice

over 40 years ago.

"Beware a silent lawyer,"
he said.

Ever hear of
treating cattle with
lard and gunpowder?

I wish I could cure
what I've got

with lard and gunpowder.

You may as well know,
Henry--

if I'd heard
all the particulars

when you sent me
that wire in Sheridan,

I'd have stayed home.

That's why I didn't
tell you all the particulars.

Actually, what I wanted
was a principled man.

But, none being
available,

I took the next
best thing.

Oh, now, Henry, you--[ laughs ]

you don't want to
marry up with principle.

It won't bend.

Sometimes human affairs
get wound up in
such a tangle,

that something's
got to bend.

Or everybody
gets cut up.

Sounds crazy,
doesn't it?

Fatback
and gunpowder.

MAN:
Henry! Henry Garth!

By golly,
it's good to see you.

Arthur, you remember
Henry Garth.

Best friend I've got
in all the world.

We practiced law together
back east.

Why, you old rascal.
You're a sight for sore eyes.

You, too.

Lookin' prosperous.

Well, puttin' up
a front anyway.

Nearly went broke
last winter after
the freeze.

Are you still
running cows?

Yeah, hangin' on.

How's Amy
and the boy?
Fine.

And they're both
hungry to see you.

Good Lord,
how long has it been?

Arthur, when was
that cattle auction?

That was the last time,
wasn't it, Henry?

Oh, yeah.
Four, five years.

Seven.Oh, can't be.

You ought to be
ashamed of yourself.

Come on, let's go
surprise Amy and Ben.

Frank, I'll be
staying here.

Don't be silly.

I'll be handier.

I've got some
business in town.

Is it that important?Can't say yet.

You're being
mighty mysterious.

Don't even write me
you're coming,

breeze in on a stage
without a word.

I just happened to see
a client in town.

Otherwise, I wouldn't
have known you were here.

That's a backhanded way
to treat an old friend.

Aw, now,
I didn't mean that.

Look, I can't accept
the room, but...

I might have some
dinner with you,

if Amy has something on
the back of the stove.

How about it?Fine, let's go.

I'll take care
of those, Judge.

Thank you.

[ indistinct chatter
and laughter ]

Gonna get him
a law degree at Harvard,

marry him to one of
those rich, eastern girls,

have him a palace
at Newport.

Lawyer, eh?

Yes, sir.

You've got
a pretty good model.

I've always thought so.

Well, I keep telling him--

the world lost a great lawyer
when I went into ranching.

Got him believing it, too.

Well, I feel a little
guilty about that.

Why?

If it hadn't been
for me

and those tales about
the fortunes to be made

in cattle ranching,

he might've--

he might've ended up
on the Supreme Court.

Ah. Now you are
laying it on.

No. No, I believe it.

That was the trouble
when we were partners.

I was always out
beating the bushes for--

oh, any kind of case.

Contracts, leases,
felonies.

Spending money faster
than I could make it.

But this fella here--

What about him?

It had to be...

right...

before he'd take a case.

He had a fiery glow
in his eye.

The law.

It was a great...

sacred temple...

in those days.

Wasn't it, Frank?

Hmm. Still is.

For those near enough
to attend the services.

Henry, how about a drink?

I've got some first-rate
brandy in the study.

Good.

Amy...the pie was
better than ever.

Bless you, Henry.

That freeze last winter
will go down in history.

Losses up to 80%, 90%.

Herds knocked down
to a nub.

An army of cowpokes
out of work.

Nothing around for them
except stealing.

Thank you.

Frank.

We've been walking
around the subject

like a couple of
wolves at a bait.

You want to talk
about it, let me know
when you're ready.

Well, I've been ready
for some time.

I received a letter
from Rosanna Dobie.

Want me to
read it to you?

I can probably quote it.

If I forget something,
you can fill me in.

She said that her son
was lynched

by a committee of 13 men

for a crime he had
nothing to do with.

That they're all
steeped in blood

up to their elbows.

That there's nobody
around she can appeal to

because she was
an outcast--

an ex-saloon woman...
and worse.

That her boy John
was an outcast, too.

Justice has fled.

The rogues and the knaves
are in power.

And she--poor,
innocent little lamb--

is crying in the wilderness

for a white knight
in the form of Henry Garth

to come save her.

She didn't put it
quite that well,

but that's
the general idea.

What about the sheriff?

Been here and gone.

County seat's
two mountain ranges away.

What did he call it?

Accident.

According to the record,

John Dobie rode home drunk
from the 4th of July dance,

pitched off his horse,
broke his neck.

There are 13 signatures
on that report,

and I expect
it'll stay that way.

Henry...

we're not talking
about the death of
John Dobie at all.

We're talking
about the m*rder

of Sally Ann Tressider--
age 18--

the daughter of Charlie
and Leora Tressider.

Neighbors of mine.

Have another brandy.

No, thanks.

How'd Rosanna happen
to write to you?

I knew John.

Oh? Where?

Medicine Bow.

Found him swamping
in a saloon,

sleeping
in the back room.

14 years old,

alone in the world.

Heh.

A raggle-taggle kid

without a spare pair
of socks to his name.

You could see
he was going places.

He was.

So, I put him
to work at Shiloh

for a couple of years

so he could make
himself a stake.

And I gave him $100,
a train ticket,

shipped him off
to school.

Six years later,

and the $100 and the price
of the ticket

came back in the mail.

He insisted
on paying me back.

You knew him
pretty well.

I'd have been proud
to have him for a son.

I can't believe he did
a thing like this.

You just can't tell
about a man.

You were in law
long enough to know that.

No, I guess you can't.

Are you asking me
to defend myself?

No.

I'm still trying
to pick myself up
off the floor.

Frank, of all
the men in the world
to dirty his hands--

You don't understand.What?!

You do what
you've got to do.

That's all.
You've got no choice.

If you're telling me
you've got to choose

between due process
on one side

and a committee of
vigilantes on the other,
you're right!

You've got no choice!
You take the law!

And you die.

You get stolen blind
by mavericking sodbusters.

You get fenced off
from your water.

And, in this case,
your daughter gets
bludgeoned to death

and left in the dust.

You file a complaint
at the county seat

and you scream.

And you rant
and beat on the table

and due process
huffs and puffs

into the same station
every time.

The accused
is turned loose

by 12 other cow thieves
and criminals

sitting in judgment.

Now, that, old friend,

is what we've had
up here in the way of
due process,

and what we still have.

That's why we organized
our committee.

Henry...

it wasn't a mob.

It wasn't blood lust.

It wasn't lynch fever.

You've got
to understand that.

You live in a society
like this,

you take sustenance
from it,

you owe it
something back.

There's no school,
so you build one.

And a church,
and a hospital.

And if there's
no justice,

you build that, too.

13 men did it because
it was an obligation,
Henry.

That is all.

What kind of evidence
did you have?

The strongest
in the world--
an eyewitness.

Who?The girl's
little sister.

She saw him do it.

She's still under
the doctor's care--

almost out of her head
from the sight of it.

Henry...

we've known each other
a long time,

and I have never asked
anything from you.

I'm going to now.

I want you to trust me.

There was only
one thing to do.

And we did it.

We thought it through,

we made our decision...

and we're
standing by it.

He sent that to me
when he graduated
from college.

Five years ago
in June.

Third in his
whole class.

He was smart.

Not bad, considering
his upbringing.

Third in his
whole class.

Magnum c*m
something or other.

Laude.

Yeah.

Magnum c*m laude.

That's a crazy thing
to call a kid

who gets good marks.

You want a drink
or something?

No, thanks.

Mind if I do?

Not at all.

I've been drinking
too much lately.

I quit
for a long time.

Till this happened.

Gotta cut down.

John was all I had,
you know.

The works.

I've been in this
miserable world
a long time,

and he was the only
good thing.

That's what they'll
write on my tombstone
someday.

"Rosanna Dobie--
worthless for
the most part,

but she gave the world
a first-rate man."

Took him away, too.

Why do you say that?

If I hadn't been
what I am,

they wouldn't
have done it.

Magnum c*m laude--
that's what they
k*lled him for.

It stuck in their craw

that the illegitimate son
of a saloon woman

could walk tall
down the main street.

Outfigure the banker,

outswap the horse trader,

and buy a scraggly,
run-down ranch
from Joe York

and make it pay so big
within two years

that Joe nearly got
his knee out of joint

from kickin' himself.

That was a lynching
offense in itself.

What do you think
the little girl saw?

I don't know,
but it wasn't John.

Dark night, out there
alone by that bridge,

scared out of her wits--
could've been anybody.

I wish I could help you.

You can,
and you've got to.

How?

Get him a trial,
get him cleared.

Without a trial,
without a chance
to defend himself,

he'll be marked down
as a m*rder*r.

I can't get his life
back for him, but...

get him cleared.

$2,700--
everything I've got.

And it's all yours
if you can get that
done for me.

Judge...you knew him.

You loved him, too.

The law says, every man
gets a day in court.

Get it for him.

You can't try a dead man.

Who says you can't?

Is there a law that says
my boy can't have a trial?

When they found
that girl by the bridge,

they wanted it to be John.

That's why
they k*lled him.

They wanted it
to be him.

And that's wrong.

The law says it's wrong.

It's all yours.

What are you gonna do?

I don't know.

[ sobbing ]

JOHN: It's just
a piece of paper.

But it says I did what
you told me I could do...

way back
in those awful days

when I was swamping in
that Medicine Bow saloon.

I'm third in my class--

magna c*m laude.

And I want you to know
that when they handed me
that piece of paper,

I was thinking of you.

A trial?

[ murmuring ]

It's kind of
a wild notion, isn't it?

Not wild. Crazy.

Maybe.
But you owe it to him.

He got his trial.

Did he?

[ all talking at once ]

I want to know
what he's jabbin' at.

Never mind that.

I didn't mean
to upset you.

I didn't know I'd hit
such a sore spot.

Who says it's
a sore spot?

Henry...

I think you'd
better go.

All right.

Happy days.

Leave the red ink,

live with
the unpaid bill.

We've got no unpaid
bills, Henry.

You've got
the longest tab of all.

You had some
principles once.

You all did.

Now you've tucked John Dobie
way in his grave...

with the sign of Cain
on his forehead.

He didn't have a word
to say about it
one way or the other.

Pitched off his horse,
broke his neck.

That's that.

That's what you all
swore to, isn't it?

Red ink on the ledger.

He never had a chance
to tell his story

to 12 men
in a court of law.

Well, it seems to me
it'd be...

kind of sporting
for you to give him that.

You can't put
a dead man on trial.

[ all talking at once ]

How about it, Frank?

Suppose we did
try him.

What are you
talkin' about?
What?!

Just wait a minute.

Suppose we did.

Suppose we drew a jury
from the valley
right here.

Now, I guarantee you

there'll be a couple
of sour apples on it.

Out of the same barrel
they draw from over at
the county seat.

You could try
Captain Kidd

and get a hung jury.

How many sour apples
you got here?

Hmm?

Right here in this room.
13 of you altogether.

How many sour apples?

What do you mean?

12 of you could hear
the evidence, too,
couldn't you?

12 of you on a jury.

Frank could prosecute.
Is that fair?

[ all talking at once ]

You're out of
your head.

Who'd waste time on
a crazy thing like that?

All right, forget it.

You never had a case
anyway.

Henry, he would've
been hanged

by any court
in the country.
That's right.

Then why didn't he
get into a court?

Why?!

For the same reason
that you're backin' off
right now.

Nobody is backing off.

That man was guilty.

He got what was
comin' to him.

Prove it.
I'll give you a chance.

If your case won't
stand up, admit it!

All right.

Stick together.

You need each other.

For comfort
and reassurance and...

righteousness.

In this puddle
of guilt.

Henry.

You got a deal.

[ gavel bangs ]

Quiet, please.
Come to order.

JUDGE HARPER: Now,
there may be a few of you
in this room

who aren't quite sure
what's about to go on here.

So, maybe
I'd better explain.

This is not a trial.

It has no legal standing
anywhere.

There'll be no transcript
made of the proceedings.

Now, on the record,

John Dobie--
25, citizen of this town--

was bucked off his horse
and k*lled

while riding home from
the dance in this schoolhouse

on the night of
the 4th of July.

From the facts
developed so far,

it appears that John,
before he died,

committed about as mean
a crime as there is.

He bludgeoned to death,
in a fit of anger,

a girl who wouldn't
have him.

The citizens
of this community--

most of 'em--

hold John guilty.

He is convicted--
in their minds--of m*rder.

And we're here to find out

if the man deserved
that verdict.

We can either clear him

or put the mark on him
for all time.

That is the purpose
of this proceeding.

Now, although this is not
a legal trial...

I'm going to hold
both counsel

to the rules of evidence

and the discipline
of the courtroom.

I'm putting the Holy Bible
on the desk here,

and I expect anyone
who testifies

to consider himself sworn.

So, with the issues
understood,

I think we can dispense
with opening statements

and get right down
to business.

Mr. Sturgis,
call your first witness.

I call
Dr. David Harvey.

We'll dispense with your name
and qualifications, Doctor.

Everybody here knows you.

But I would like you
to recall the events

which took place
just prior to midnight

on the 4th of July.

Where were you
at the time?

On the north road at
O'Fallon Creek Bridge.

For what purpose?

To examine the body of
Sally Ann Tressider.

She was dead
when I got there,

lying on her back
at the side of the road
near the bridge.

How long had she been dead,
would you say?

Half hour or so.

And what, in your opinion,
was the cause of death?

Multiple skull fractures.

A hard blow on the head
with a rock or some such.

She had been dead
about half an hour,

so she was probably
k*lled around 11:00.

I'd say so.

Could she have sustained
that kind of injury

had she tripped
or fallen on the road?

Impossible.
Much too hard
a blow for that.

Thank you.

Your witness.

Doctor...

we're starting out with
the body of a young lady

at the side of a road
by a bridge...

found midnight.

We start out with that,

and we end up
with an assumption--

almost unanimous
by the town of Rapahoe--

that John Dobie
bludgeoned her to death

and left her there.

What I'm gonna be
interested finding out...

is how everybody arrived
at that assumption.

What was the evidence?
What were the facts.

How much emotion,
prejudice,

was mixed up in it?

Now, you say you were
at the O'Fallon Creek
Bridge around midnight.

That's right.Why?

Well, as you
probably know,

there was a big
celebration in town
that night.

Almost everybody
had showed up there
for the dance,

including
Sally Ann Tressider
and John Dobie.

ALL: Ooh!

Aah! Aaaah!

ALL: Ohh!

[ all talking at once ]

Thank you very much.

That concludes
the performance,
ladies and gentlemen.

Now let's get on
to the dance!

[ all cheer ]

Ma!

Ma!

♪♪

GIRL: Ma, please!

Papa?

Hello, honey.

Ma? Ma, listen!

Not now, Julie.
Go over and sit down.

[ sobbing ]

What is it, honey?

[ sobbing ]

Julie, what's wrong?

What's the matter?
Tell me.

Let Sally talk to her.
Where is she?

Sally? Sally Ann?

Where is Sally?

She went out
a while back.

Sally?

Sally Ann!

Sally!

Sally, where are you?

Sally Ann!

Sally?

Julie,
where's your sister?

Where's Sally Ann?

[ sobbing ]

She was outside,
talkin' to John Dobie.

Where is he?

I saw him about
an hour or so ago
at the stable.

He'd been drinkin'.

Julie, where did
your sister go?

Answer me.
Where is she?

[ stuttering ]

We'd better go
take a look.

CHARLIE: Sally!

Somebody fetch a wagon.

[ sobbing ]
Oh, no!

There's nothing
we can do here.

[ sobbing ]

Her scarf.

Torn in two.

Why would a man do
a thing like that?

They were quarreling.

Dobie?

Yeah.

Are you sure
about that?

I saw them when
I was settin' up
for the fireworks.

She was upset
with him for some
reason or other.

He was drunk?Might've been.

Did you hear
what they were
quarreling about?

I didn't have to.
I could tell

from the sound
of his voice
that he was ready--

Sure he was.

I warned her
a thousand times.

He was good and mad--

Don't guess.

That's one thing
you don't want to do

at a time like this,
is guess.

I don't have
to guess.

Neither do I.

He was drunker than
seven muleskinners
on a Saturday night.

Came down to my place
about an hour ago
to get his cinch fixed.

He was so drunk,
he couldn't even
see straight.

Julie honey.

Julie, you've got
to talk.

You've got to
tell us, now.

Now, Julie, you saw
what happened.

You saw who it was.

Was it John?

Answer me, Julie.

Was it John Dobie?

Was it?

Charlie--Let me be.

Tell me, Julie.
Was it John Dobie?

Was it?! Julie!
We've got to know.

John, that's enough.

Julie, tell me!

I said, that's enough!

[ sobbing ]

I've got to
take her home.

I'll go with you.
Come, Julie.

It was him.
Sure as thunder,
it was him.

They were fightin'
like cats and dogs.

I say we saddle up
right now and ride
out there.

No, we don't.
Not till we know
what we're doing.

What are we waitin' for?!The facts!

What do you mean,
the facts?

That's all
the facts I need.

That no-account
son of a saloon woman

k*lled my daughter!
And he's gonna
pay for it!

If he k*lled her,
he will, but we're not--

Don't preach to me!
Don't none of you
preach to me!

I'm in no mind for it.

HARVEY: I didn't feel like
preaching to him, either.

I knew how he felt.

Maybe better than anyone,
except her mother.

18 years ago, I brought
Sally Ann into the world.

And now I was
putting her away.

I drove her back
to my office

and made a detailed
examination.

What did you find?

Several injuries beside
the one on the head.

There were blows on
the neck and shoulders,

broken scapula,
a couple of ribs.

But the one
that k*lled her was
the blow on the head.

Now, Doc,
I'm going to ask

what might seem
a foolish question.

Do you think
the girl was m*rder*d?

Now, what kind of
question is that?

An important one,
seems to me.

Has anyone asked it
so far, Doc?
No.

You think she hit herself
on the head?

Is that what you're
trying to say?

I never heard anything
so ridiculous--

Order!

It's a perfectly
legitimate question.

Answer it.

Yes, I think
she was m*rder*d.

That's your own
personal opinion--
not medical?

Well, it's personal,
I suppose, but--

Would the blow
on the head have
k*lled her instantly?

Possibly not.

She could, for instance,
have fallen

off the bridge into
a dry, rocky creek bed,

climbed back up
on the road and
passed out and died.

Well, that's possible.
However--

Thank you, Doc.

Now, wait
a minute, Doc.

Let's just make sure
one thing is clear.

You don't seriously
think that Sally Ann
fell off a bridge

that she had crossed
a thousand times,

hit herself on the head,

crawled back up
the bank, and died?

You don't really think
it was an accident?

Well, no, I don't.

I said it's possible,
and it is.

Not more than
faintly possible, though.

Thank you.

Of course I recognize it.

It's a piece of the scarf
Sally Ann wore to the dance
that night.

How did she wear it?

On her head.

But it wasn't
on her head

when you found her
in the road.

It was on the ground,
lying...

near her body.

You know of any reason
why she would tear it
in half?

Of course. It was
a favorite of hers.

John Dobie tore it
when he k*lled her.

Just a minute.

Sustained.

Never mind
about John Dobie
Mrs. Tressider.

Stick to what
you know about.

I know
about that.

If you know about it,
then there's no point

to these proceedings.

We're all
wasting our time.

That's just what
we are doing.

I've been tellin'
him that for a week.

Nonetheless,
I rode a long piece
of rough road

to get here,
and I intend to see
this thing ended.

Any more disorder,
and I'll clear the room.

Go on, Frank.

When did you last see
Sally Ann alive?

At the dance.

She'd been outside
with John,

come back in,
sat down by herself.

I went over to see
what the matter was.

She wouldn't tell me.

Of course,
I didn't have to ask.

I knew.

What was the trouble?

John Dobie, naturally.

What do you mean,
naturally?

I knew she hated him.

Did she say that?
Did she use
the word "hate"?

Henry,
you're out of order.

You'll get your chance
when the time comes.

Go on, Frank.

She had a quarrel
with John Dobie.

She came inside alone.

Where had John gone?

I don't know.

How long did she
stay at the dance?

Oh, half an hour,
as far as I know.

We didn't miss her till
after the fireworks.

Now, Leora, let's not
use the word "hate".

But how did Sally Ann
feel about John Dobie?

She tried.

She tried
every way she knew
to get rid of him.

He was forcing
himself on her.

She didn't know
what to do.

She even left town
for a couple of weeks.

Went down to Saunders
to visit with her
cousin Millie,

hoping he'd get over it.

She came back
just before the dance.

And there he was--

waitin' for her.

He couldn't take no
for an answer.

That's what they were
arguing about

that night
at the dance.

Thank you.

Your witness.

You know positively what
they were arguing about?

I heard them
when I went out

to watch Art Wyman
settin' up for
the fireworks.

What were they saying?

I can't tell you
exactly.

Not exactly.
Approximately.

Give us a rough idea.

I can't tell you,
I said.

I was across
the yard with Art.

I could tell
from their voices
she was angry.

So, you guessed
he was annoying her.

I know he was.

But you don't know,
Mrs. Tressider,

because you were across
the yard with Art Wyman.

You couldn't tell
what she was saying.
You just testified to that.

I know how my daughter
felt about him.

I lived with her
for 18 years.

I know her.

You felt close
to your daughter.

Of course I did.

Well, if she was
a few feet away and
a man was annoying her,

why didn't she
come to you?

Well...

she--she didn't
do things like that.

What do you mean?

Well, she didn't come
to us with her troubles.

She had a mind
of her own.

And she wouldn't let us in
on things like that.

She was at an age
where...

they don't tell you
everything.

But you said you knew
all about her trouble
with John.

You don't have to be told
about a thing like that.

Who left the dance--

Sally or John--
after the quarrel?

Who left first?John did.

Does that make sense?

What would you have done,
Mrs. Tressider?

Suppose you were
18 years old,

you had an argument
with your escort,

and you didn't want
to go to your parents.

Wouldn't you leave?

Sally Ann wouldn't
leave a dance
because of John Dobie,

for any reason!

Other girls would...

if he was annoying them.

But Sally didn't.

So, to sum it up...

you really don't know
what they were
quarreling about.

You just heard
angry voices.

And Sally never
told you directly

how she felt about John.

And she didn't do
what most girls
would've done,

under the circumstances
you suspect,

on the night of the dance.

Isn't that right?

No, that's not right.

That's not right at all.
You're just...

twisting everything
to suit yourself!

You may be able
to browbeat a woman,

but you can't do it
with me.

I could tell she was
trying to get rid of him,

and I know he was drunk.Wait a minute.

You know
he was drunk. How?

How do you know
he was drunk?

Because I saw him.

That's how.

You left the dance
about 10:00.

Yeah, I had to go
back down to my stable

to get the wire
for the fireworks--

to make the thingamajig
that holds the--

the sky rockets,
you know?

Anyway, John was there.

And I could tell
the minute I looked
at him,

he was drunker
than a catfish
in a whiskey still.

There was
no question about it.

He'd come down there
to get his cinch fixed

before riding home.

He got that done and...

climbed on his horse
and left.

A little after 10:00?

Yeah. I was
watchin' the time

because the fireworks
had to be ready
around 11:00.

He left the stable
in a drunken state

about an hour
before the girl died?

That's right.

Hmm. Assuming that she was
k*lled around 11:00,

would that leave him
enough time to get
to the bridge?

Oh, more than enough.
More than enough.

Thank you.

Your witness.

Mr. York...

your judgment
is crucial here.

I guess
you understand that.

Yes, sir.

And when judgment
is involved,

prejudice, emotion,
resentment and such,

become important,
because all of them
color judgment.

So, how you felt
about John Dobie
before all this happened

is material
to this case.

I got no particular
feelin'

about John Dobie
one way or the other.

He was a good man,
a good citizen.

Honest enough.

Why, I daresay
there's not a man
in that jury box

that had any particular
feelin' about him
one way or the other.

Why, on the night
Sally Ann was k*lled,

in spite of everything,
nobody was saying
it was him.

Nobody was rushin' off
half-c*ck.

We was all out there
at the Tressider place,

just waitin' till
little Julie could
tell what she saw.

We give him much more time,
he ain't apt to hang around.

17 miles to
the Montana line.

He won't take off.

How do you know?

He isn't the kind to run.

He's more apt to stand up
and spit in your face.

What are we
waitin' for?

[ all talking at once ]

I told you once,
we're waitin'

till Charlie gets Julie
calmed down enough
to make sense.

You didn't drag your feet
much last spring

when we run onto those
cattle thieves out in
Saunders Valley.

Had 'em swingin' before
the runnin' iron was cold.

What's the difference
between that and this?

A big one.
We got them red-handed.

But nobody saw John
except for that
little girl inside--

if that's what she saw.

Frank?

Come in here.Yeah.

Sometimes you get
a feeling.

Like I had tonight
the minute Dobie
walked into my stable.

What kind of
a feeling?

Something about him.

I don't know.

He had a cold look
in his eyes.

Could be he was fixin'
to do it even then.

That girl was the first thing
he ever wanted

that he couldn't get.

Like to drove him crazy.

Did she tell you?Yeah.

Well...I suppose
what we do now is,

we haul him off
to the county seat

where he buys himself
a fancy lawyer.

Then we all sit down
and watch the show.

Yeah,
he'd like that.

How about it,
Frank?

Remember one thing--
we're not a mob.

We're a committee.

Our job isn't vengeance,
it's justice.

We'll ride over there
as a committee,

listen to his side of it,

give him his chance.

But we're the law.

Does everybody
understand that?

[ wagon approaching ]

What is this?
What are you up to?

Hasn't word reached
your side of town?

You see John
tonight?

I saw him before
the dance.
Drunk?

No, of course not.

Where is he now?

Home, I expect.

What is this
about Sally Ann?

You know, then.

If you know,
why'd you ask us?

I couldn't believe it.

I saw Doc Harvey in town
and he told me.

He said you're
blaming John for it.

Is that what
you're up to?

We just want to talk
to him, that's all.

My little girl
saw him do it.
That's a lie.

If she says she saw him,
she saw him.

Why would he k*ll her?

She wouldn't have him.
He's trash,

and she told him so
right to his face.

Charlie--

It's the truth.
Face up to it.

What are you gonna do?

Justice--
no more, no less.

Now, listen, all of you.

You lay on hand John tonight,
and, so help me--

Shut up!

Now, now. Just put
your mind at rest.

Why, your boy
will have his say.

We got no feeling
about him one way
or the other.

He's got his rights.

He's a citizen
of this town,

just like all
the rest of us.

Why, all we want is
to see that he gets
a fair hearing.

I can't say
I liked John Dobie,

but...well, I didn't
dislike him, either.

The whole town felt
pretty much the same way.

In a fair election,
I don't suppose

we'd have chose him
mayor, but...

he didn't have
no real enemies.

Come, now, Mr. York.
You can do better
than that.

You were in business
with Jeff Mannion--

your friend on
the committee here. Right?

Irrelevant,
Your Honor.

Your Honor, I'm trying
to establish

the feelings of the witness
for the defendant.

All right, Henry.
Make sure it's
relevant.

You and Mannion
owned a ranch together.

Sold it to John Dobie.
Is that right?

That's right.For how much?

$2,500.

About a year after
you sold it to him,

after Dobie had developed
water on it,

you're aware that he was made
an offer by an English firm--

Ellerbe and King?

I--I don't know anything
about his business.

You must be deaf, Mr. York.

Or a hermit.
It was all over town.

Now, how much
did they offer John

for the ranch that you
sold him for $2,500?

I don't know.

$15,000.

And you never
heard about it.

Well, that's too bad.

You might've wanted
to rejoice with him
over his good fortune.

Or you might've
hated him for it.

The whole point of this,
Mr. York,

is that you were anxious
to believe that he was drunk

and ready to k*ll
the moment he came
into the stable!

He was drunk!
Rollin' drunk!

Come here, look at this.

Now, recognize
this saddle?

It's Dobie's.

You say he mended
the cinch.

This is the mend,
isn't it?

Well, I expect so.

You're an expert
on drunks, Mr. York.

You think a man
who was rolling drunk

could've sewn a row
of stitches like this?

Maybe.

Could you have sewn
these stitches

if you were rolling drunk?

I don't see why not.

If you're willing to pay
for the whiskey,

I'd be willing
to find out.

[ laughter ]

[ Harper bangs gavel ]

Miss DeWitt,

do you understand what
the word "motive" means?

Do you understand
why that's important
to all of us here?

I think so.

If we are to listen
to the defense,

there was no quarrel.

Sally and John were
the best of friends.

And he hadn't
been drinking at all.

As a matter of fact,
I think, before
this is over,

they'll contend that
Sally wasn't found dead

out there by the bridge,

that it was all
our imagination.

Now, Miss DeWitt,

you and Sally
were good friends.Yes.

She came down to Saunders
to stay with you
for two weeks

just prior to
the 4th of July dance.

Did she say why?

She said John Dobie
was in love with her

and wanted to marry her.

She wasn't in love
with him,

and she wondered what
I'd do in her shoes.

She said she couldn't
tell her parents about it

because they wouldn't
understand her.

She wondered
if it was wrong

to marry a man you
weren't in love with.

Especially a man
like John Dobie.

And what did you
tell her?

I told her it was wrong.

She ought to tell him
the truth.

Come right out with it
the minute she got home.

And did she agree
to do it?

She seemed to.

But I can't be sure.

Why can't you be sure?

Well, she wasn't herself.

She was upset and worried.

I think she was
afraid of John.

And that was
the mood she was in
when she went home?

Afraid?

Yes, sir.

Thank you.

Your witness.

She was upset
and worried.

Yes, sir.

And you think...

it was because she was
afraid of John.

Did she say that?No, sir.

You didn't ask her?No, sir.

Hmm. She spent about
two weeks with you.

Were you with her
all that time?

Almost.

Didn't she ever
go off by herself?

Well, she went
to town a few times.

Where in town?She didn't say.

And you didn't ask her
that, either?

Well, why should I?

She had a few errands,
I guess.

None of my business.

Did she ever suggest
you go to town with her?

Well, she--

What I'm trying to
find out, Miss DeWitt,

is whether or not
she really wanted
to be alone,

whether or not
her errands in town
were strictly personal.

Did you get
that impression?

Well, yes.

I guess I did,
at least one of
those times, anyway.

She didn't say
where she was going,

but she wanted
to be alone.

Thank you. That's all.

So, she told you
that John Dobie wanted
to marry her.

And what did you
tell her?

I said if she married
John Dobie,

she could forget
her name was ever
Tressider.

That's what
the fight was about,

and that's why
he k*lled her.

We haven't
decided that yet.

Well, I have!

He k*lled her!

This whole thing
is crazy!

What are we here for?

My little girl
saw him k*ll her!

All of you know that!

What are we trying
to do here?

Twist the knife?

Make fools out of me
and her mother?

You all heard the evidence!

He had that piece
of bloody scarf.

His face was a mess of
fingernail scratches!

Charlie--Why hide it?

I'm tired
of playing games.

I'm not ashamed
of what I did--
none of us are.

Charlie, I told you
that's out.

We got to him,
his face was a mess of
fingernail scratches.

Guilt, m*rder, written
all over it in blood--

right there
for anybody to see.

That piece
of handkerchief--

we found in his cabin
behind the stove.

Bloody!
Her blood on it!

She fought him.

She fought
for her life.

And he k*lled her
right in front of
her little sister.

Charlie,
that's enough!

Please.

I'm not gonna apologize
for what I said.

Everybody in this room
knows what happened!

I got no excuses.

Easy enough for
the rest of you to play
this crazy game.

It wasn't your daughter
out there in the dust.

FRANK: All right.
All right, Charlie.

We all
understand that.

Come on, now.

I'm sorry,
Your Honor.

Your witness.

Julie told you
it was John Dobie?

She did.

Just like that?Like what?

In those words?
"It was John Dobie."

Near as I can remember.

Now, that's not
near enough, Charlie.

This is very important.
Where is Julie now?

Home.

She hasn't been the same
since it happened.

Wonder it didn't drive her
out of her mind--
the sight of it.

She hasn't spoken
since this happened--
is that right?

Yes.

She, uh--

Not since she told us
what she saw anyway.

She told you what she saw,

then she lapsed
into silence.

Hasn't said
a word since?
right.

Now, Charlie,
this is very important.

Did she ask her
what she saw,

or did you say,
"Was it John Dobie"?

What's the difference.

A lot.

To a little panicky girl.

She could hardly have
invented John Dobie
out of her head.

But you could've
invented him.

And she might've said yes

just to keep from
answering any questions.

Nobody invented him.

She said his name
right out.

I asked her, and she said,
"It was John Dobie."

And those are the last
words she said.

All right, Charlie.
That's all.

Charlie...

has Julie ever
lied to you?
No.

Any reason why she would
lie about this?

She saw it happen,
and she told the truth.

Thank you.

The prosecution rests.

He stopped by my house

just after he left
the dance.

GARTH: But before
he went to the stable
to fix the cinch?

Yes. He said he wanted
some linen thread,

and I told him
to go to York's stable.

That isn't why
he came by, though.

He said he felt poorly,

that he'd quarreled
with Sally Ann,

and that
he felt sick inside.

What was
the quarrel about?

She pleaded
with him all evening
to marry her.

That's a lie!

[ overlapping chatter ]

I won't sit here
and listen to lies!

Who are you to talk
about lies?!

She--She pleaded
with him to marry her,

and he wouldn't.

You miserable, cheap,
no-account--

You be quiet
or get out of here!

All right,
I will get out!

Charlie, don't make
a fool of yourself.

Well, nothing
in the book

says we gotta have
a 12-man jury

in this kind
of a trial.

Go ahead, Henry.

Mrs. Dobie, you heard
the testimony

about John wanting
to marry Sally Ann.

He did, but he
changed his mind.

He said she was...

anybody's girl.

[ Harper bangs gavel ]

Your witness.

You heard what your
attorney had to say
a while back

about emotion, prejudice,
and bias, Mrs. Dobie?

I did.

Isn't it true
that your opinion

about everything
in this case--

about the committee,
the town, about me,

about Sally Ann Tressider--

is colored, distorted,
and twisted by hatred?

No!

You want to destroy us,
don't you?

You want to just destroy
this town,

leave it a shambles.

You want to make
its leading citizens

look ridiculous
and contemptible.

I wan justice
for my boy.

No more, no less.

And I want it so bad,

I'm putting it in
your hypocrite hands.

Maybe I do hate you.

Maybe it does
eat into me

the way
you come to call,
big as life,

pat me on the back
and call me Rosanna,

and cut me cold
on the street
the next day.

Maybe that does hurt.

But I can
shake that off.

I'm used to it.

But I'm not used to
seeing my son

strung up
on the king-beam
of his own barn,

with no chance
to defend himself.

I'm not used to that.

All I want...

is for all of you
to face the truth
about my boy.

He did not k*ll
that girl.

HARVEY: Of course
Sally Ann was my patient.

I brought her
into the world.

I've taken care of
her family as far back
as I can remember.

Did she confide in you?

In what way?

She didn't take up
her problems with
her parents

to any great extent,
so far as we can
learn here.

Did she discuss them
with you?

I couldn't say.

Anything between
a doctor and a patient

is privileged
and confidential.

Doc, about a week ago,
I had to make a decision--

whether or not this fracas
would be worth the pain

that it would cause.

I decided,
for several reasons,

that it would be.

You have to make
the same decision.

The whole question
of motive in this case

hangs on what we're
talking about right now.

Nobody can force you
to break

what you feel to be
a professional ethic.

I can only ask you to,

because
it's that important.

Then I would have
to say no.

All right.

Dr. Lampson
of Saunders Crossing

doesn't agree with you.

I have a copy of
a letter he wrote you

while she was
down there.

It's dated June 30.
Would you like me
to read it?

No, I would not.

Doc, you know why
Sally went down to
Saunders, don't you?

It wasn't to get away
from John Dobie.

It wasn't to see
her cousin Millie.

It was to see
the doctor down there,

for the same reason
she came to you.

Now, what did she
ask you to do?

She was in trouble.
She needed help.

That's not true!

What are you talkin' about?
That's a lie!

I'm sorry,
Mrs. Tressider.

Perhaps you'd rather
leave before I continue.

No. No,
I won't leave. No!

Now, Doc, she asked
you to help her

out of a serious fix,
didn't she?

Yes.

What did you tell her?

Just what Doc Lampson did.

If the man responsible
wouldn't marry her,

she'd better find
someone who would.

Who was the man?

There was more
than one possibility.

When did she come
to you?

When she came back
from Saunders

the day before
the dance.

Your witness.

No questions.

I was walking
along here--

on this path--
from my house
to the north road.

About 11:00.

Fixin' to get
to the schoolhouse
before midnight

in time to clean up
after the dance.

I got about here
when I saw 'em.Who?

Mr. Dobie
and Miss Tressider.

That's this side
of the bridge?

Yes, sir,
by a quarter mile or so.

Put an "X" there, please.

All right, sit down.

What were they doing?

She was bandaging up
Mr. Dobie.

What had happened?

Well, there was a lot of
fireworks going off,

and his horse and spooked
and bucked him off

in a barbed wire fence.

He was cut up
pretty bad.

When I got there,
she was tearin'
her scarf in half

to make a bandage
for him.

You saw the scratches?

You saw her use
a piece of her scarf
as a bandage?

Yes, sir.

Well, why didn't you
speak up

during all the excitement
when they were running
out to the bridge?

I didn't know why
they was all rushin' out.

I didn't know
anything had happened
to Miss Tressider.

When I heard about
Mr. Dobie...

it was too late
to say anything--

anything anybody would
want to hear.

Your witness.

You wouldn't lie about
this, would you?
No.

But you are lying,
aren't you?
No, sir.

Then you're not
telling the truth?
No, sir.

You mean, no, you're not
telling the truth,

or yes, you are lying?

Come, now, Jethro.
Which one is it?

I only know
what I saw,
Mr. Sturgis.

Henry Garth--
he put you up to this.

He cooked up
the whole story.

No, sir.

He's lying,
and you put him up to it.

Frank!

You paid him.

You did something--

[ door opens ]

She'll tell us
what happened.

Julie...

It was John Dobie.

I saw John Dobie
and my sister.

It was John Dobie.

That's who I saw.

It was John.

Dobie.

At the bridge.

John Dobie
hitting my sister.

Hurting Sally.

Let me talk to her.

Leora.Now, honey--

Leora!Charlie!

Just be quiet.

Julie, I want you
to tell the truth.

For me.

Never mind
what Papa says.

Just tell the truth.

It was my fault, Mama.

It was my fault!

[ sobbing ]

Julie, tell us
what happened.

She took my pony
when she left the party.

I ran after her.

She wasn't supposed
to ride Spud.

You told her not to.

I yelled at her
when she was on the bridge.

And then I just turned around
and looked back,

all the rockets went off,

and Spud reared up
and she fell off.

If I hadn't
yelled at her--

I'm sorry! I'm sorry!

[ sobbing ]

I won't have
very much to say.

The testimony,
the evidence,

has pretty much
said it for me.

The issue
is whether the law--

badly ex*cuted,
miserably administered

by ignorant,
self-seating judges,

corrupt attorneys
and sheriffs,

bigoted jurymen--

whether this kind of law--
bad as it is--

is better than the law
made and ex*cuted

by 13 men...

who conceived themselves

to be the fountainhead
of justice.

That's what this farce,
this circus,

this ridiculous proceeding--
that has no legal basis

and of which record
was made--meant.

Anything I say
beyond this is...

worthless.

I hurt my friend.

I hurt this town.

I only ask that
you please remember

my reasons for doing it.

I don't care now
what you decide.

If you find John Dobie
guilty, so be it.

It's on your conscience.

And it'll stay there.

It's off mine.

You're a spellbinder,
Garth!

I'll give you that!
Greatest confidence man
in the world!

Sit down!

He got everybody
so upset!

Even little Julie
didn't know what
she was sayin'!

You got the--Shut up!

No point
in our going out.

We've got a verdict
already.

No objection,
I'll spell it out.

All right.

How say you?

Not guilty.

I'm...sorry.

I can't ask you
to forgive us.

Henry.

Mind if I walk back
to the hotel with you?

[ theme music playing ]