03x30 - Trial for m*rder pt. 2

[bunniefuu]

We're

going to be in session

before passing sentence.

Is there anything that counsel for
the defense

would like to say to this court?

Well, thank you.

Thank you. Yes, Your Honor.

The defense asks that the trial of Bradley
Mason be continued.

Mason confessed.

The defense asked that that confession
be stricken from the record.

It was made under emotion and duress.

Besides which, there is new evidence
in this case.

New evidence? Yes, Your Honor.

And you witness has just arrived in camp
and will testify for the defense.

Is that new witness present?

She is in my wagon. Your Honor.

Mrs. Ivers, may I present Major Adams?

How do you do, Mrs. Ivers? Major.

Mrs. Ivers is the widow of the late
Charles Ivers.

She is here to testify for the defense

and. Hello, Brad.

Leslie.

Leslie, what are you doing here?

You seem taller.

I don't wanna get you involved in this.

Oh, don't say that.

Thank heavens.

I arrived in time. Time?

No time.

Right out for us so long ago. Now

there's only suspended.

I always knew we'd meet again.

With Charlie's body lying between us.

Trust.

Trying to strike the last blow
even from the grave.

And yet it's because of Charles. I'm here.

He telegraphed me from Denver to meet him.

Slim,

take Dave and go back to San Francisco.

Stay out of this. No, not this time.

This time we're going to fight.

On so many private things
that would be made public.

Does it matter if your life is saved?

What good have I been alive?

The knowledge that you were alive has
kept me alive as long as you were alive.

There was hope.

There's not much hope now.

But there is.

We are going to win.

Leslie,

you haven't once asked me
whether I did k*ll Charles.

There was no need to ask.

I know.

That.

David or David couldn't

very.

Foxy defense disaster.

The trial of Bradley Mason
be continued on the basis of new evidence

and at that time, the prosecution had not
finished its case against the defendant.

So Mr. Drew will now
proceed with his case.

Mr. Drew.

I called Richard Cassidy to.

The stand, take

in. You raise your right answer and.

Solemnly swear to tell the truth,
the whole truth, and nothing but the truth

so help you God. I do state your name.

Richard Cassidy, obviously.

Mr. Cassidy,

where was your wagon in relation
to the Ivers wagon on the night of Mr.

Oliver's death?

Directly behind the I was wagon.

When was the last time you saw Mr.

Ivers? But 10:00.

Mr. Mason walked up to the wagon,
called to Mr.

Ivers.

They talked for a minute,
and they went off together

toward the waterhole.

Did you see him as drivers again
that night after that?

No, sir. Not alive.

Well, are you acquainted with Mr.

Mason?

Well, I.

No, sir, not really.

You see, you've been on this wagon train
all this time with him,

and you weren't even acquainted with him.

You're on an object.

The witness has already answered
that question.

Objection. Sustained.

Well, now, were you acquainted with Mr.

Ivers?

Yes, of course.

What did you consider him as a friend?

My relations with him were friendly,
if that's what you mean.

That's exactly what I mean.

Mr. Cassidy,

you have testified that you heard Mr.

Mason call out to Mr.

Ivers when I just.

Just How did he call?

How? His house.

I mean, did he say hello there, Mr.

Ivers, or something like that?

Or is he simply saying
Mr. Ivers? Mr. Ivers.

Well, I.

I don't think I remember.

I'm not sure what his exact words were.

Such a memory by trying to.

Remember, but.

Well he,

he called Mr.

Ivers are his exact words important?

Important.

A man whose life is at stake.

I think he said,

Mr. Ivers, it's me, Mason.

I think he said that.

Didn't you hear Mr.

Mason call out the two words, Mister?

I was there. Never mind anything else.

It might have been said
at the same moment.

Didn't you hear him say, Mr. Ivers?

Yes, sir.

Yes, sir,
he did. You positive? Quite positive.

And been positive about something.

I object.

I don't blame you.

I withdraw the comment.

No further questions.

Any further questions, Mr.

Drew?

No further questions.

You stepped down, son.

Prosecution will proceed
with the next witness.

Prosecution calls Mrs.

Molly Cassidy to the stand.

I went down to the water hole
for some water.

I saw Mr. Ivers and Mr.

Mason at the far side of the hole,
and I heard Mr.

Rivers say, Don't threaten me.

And then there was a pause
and then a different kind of voice.

He said, You wouldn't want me to tell
everyone who and what you are.

But I will if you don't leave me alone.

What did Bradley Mason answer?

He didn't answer.

They saw me and stopped talking.

Then I filled my bucket and went back.

And that was the last time you saw Mr.

Ivers alive?
Yes, sir. No further questions,

Professor.

No questions, Your Honor.

No questions.

Your Honor.

There is no point in taking up
any more of the Court's time

now by cross-examination of this witness.

Later, I intend to guard
both her and her son, Richard,

as witnesses for the defense.

With the court's permission,
I will cover this testimony.

Then.

Witness.

Excuse you, Mr. Dunn.

Thank you, sir.

The prosecution will rest its case on

the evidence presented
and on the statement of Major Seth Adams.

Now, you have all heard.

Several witnesses testified
that Bradley Mason made an appointment

with a married man
the night he was k*lled.

Strivers, little boy David,
Richard Cassidy and Molly

Cassidy have all testified
that Mason kept that appointment.

You have also heard the statement
of Major Seth

Adams expressing his reasons
for arresting Mason.

Ladies and gentlemen of the jury,
I solemnly charge you

to remember those reasons.

When the defense puts its case before you.

It has not been

difficult to present the case
against Mason.

I do not envy the defense

the task of defending him.

Prosecution rests.

First.

This court's adjourned on 9:00
tomorrow morning, at which time

we'll hear the case for the defense.

Court dismissed.

Have suffered.

No, no, no.

That's right. Remember?

Did you see Mrs.

Cassidy at the water hole? No.

But less fun issues
as she saw you when you saw her.

You stopped talking. I didn't see. Her.

All right, all right.

We'll skip that part of it
and go on to what we do know.

We've been over it 100 times.

I've told you all I know.

I don't think you have.

Well, if you don't believe me.
No, no, no, no, I.

I believe you. All right?

But you see, the human mind, the human
memory is a very strange instrument.

You know, sometimes it sees things.

It isn't even conscious
of seeing the need to undo

some emotional stimulus memory
returns to us.

And what we saw dropped into place.

Like the missing piece in a picture
puzzle.

It's no good.

We've been over it so many times.

That we'll go over it again here is a map
I just made of the entire locality.

I made his memory,
but I've got a fairly accurate memory

here.

Yes, there is the legend in here.
Remember?

Here's where they were dancing.

Here's the path down to the water.

Hold it now. Now. Here are you facing.

I was.

You know, I was just saying
I don't want to tell anybody who or what

you are,
but I will if you don't leave me alone.

Now what? Now, what did you say?

Well, I don't know. I know it.

You left Ivers
and you walked back to camp.

At this time, the music from the dance

was still going on right now.

Now, as you walk back, you passed somebody

standing here in the shadow of these rocks
who got back to you.

Pass by. Who was it?

Oh one. There was no one there.

But there was.

There was some woman standing there,
a man with m*rder in his heart.

And your g*n in his hand.

You walked right by him.

How can you say that?

What makes you think
that? Perfectly simple.

Now, here at 10:00,
you met Abel at his wagon, right?

All right, Now you walk together
down to the water waterhole.

That took about 10 minutes.

I know how long it took
while I walked with myself.

Then you. You talked and you quarrel.

We say another 10 minutes more.

It had me to. 1020.

At 1020, you left the waterhole
and started back book camp

and I was was still alive.

That 10 minutes later, at 1030,
he was dead.

But nobody knows what time he was k*lled.
Oh, yes.

Oh, yes, they do.

Because at 1030 the dance was over and
people started coming down here for water.

Now, if there'd been a fight going on,
everybody would have known it.

Consequently, I was. Must have been dead

there.

Later,

the m*rder*r came to your wagon
carrying your g*n.

He put your g*n in your wagon,

carrying it by the barrel
to make sure that I was blood.

It was on the stack, was k*lled there.

Didn't make you,

Professor.

I told you

in the beginning I don't remember much
about that evening that I'd been drinking.

And I told you that I didn't know
whether I committed m*rder, but

now you've almost convinced me
that I did it.

But I have convinced myself
that you didn't.

And at this particular moment,
I know more about it than you do.

But I have been over that path again
and again.

And there's no one there.

I'm alone. No,

I'm all alone.

Oh, no, you're not.

Let's try it
just once more, shall we, boy?

Come on, now. Hmm.

I was just saying,
I didn't want to tell everybody who

and what you are, but I will
if you don't leave me alone. No,

Look.

Oh, you didn't say it.

He didn't say it.

Well, Mrs. Cassidy testified.

You didn't say it.

Was he lying?

He didn't say it.

Are you sure.

I said it.

I said it to him.

I said you wouldn't want me
to tell everyone who and what you are.

But I will if you don't leave me alone.

Why in heaven's name did you say it.

Is wrong to k*ll me?

I remember now. He swung at me. We.

We struggled. No, no, no, no, no, no.

Remember, Mrs. Cassidy was there.

She saw you.

If there'd been a fight,

she would have told the prosecutor,
and he would have made a big point of it.

There was a struggle.

I remember. I wanted to k*ll him.

I must have k*lled him.

If he is guilty,

he must be punished.

But the law says

his guilt must be established
beyond any possible shadow of a doubt.

And until it is so established,
he must be considered innocent.

Bradley Mason is a young man

in the spring of his life,

ahead of him, still of the summer,
the autumn,

and a winter.

Like most young men,

he wants to tell his share of the soil,

build his home, consummated love

and raise his family.

Now it is up to you

whether or not Bradley Mason

would be granted
his share of the years to come,

or whether you will condemn him
to death, to the earth

and to eternal silence.

I beg of you,

I beg of you to listen to his case

with open minds and with open
heart in one hand you hold life.

In the other hand

he will hold

death, possibly never again
in your whole lives.

Will you be called upon to make so,
so momentous

a decision?

I thank you.

I call Elliott Drake.

Good to send.

Did you attend the dance last Saturday
night?

Yes, sir.

Did you stay until the dances over?
Yes, sir.

What time was that? 1030.

And then did you go down to the Walker
Hall?

Yes, sir.

Did you happen to see Mr.

Avery's body lying anywhere about it?

No, sir. What did you do, Mr. Ivers?

Yes. I had met him
only before he joined the wagon train.

No, sir. You are positive of that?
Yes, sir.

Did you like Mr. Ivers?

I never thought about it
one way or the other.

Thank you. That's all.

No more questions.

Your witness.

I have no questions of this witness.

Witness? Excuse.

Now, Your

Honor, I call Mollie Cassidy to the stand.

Mr. Cassidy, let me drew light
for our positions in the wagon train.

What number did you draw?



I'm sorry.

That's correct, too.

But according to Major Adams records,

you drew position 64.

Which position you later traded with Mr.

Foster has that right?

Yes, sir. That's right, sir.

It completely slipped my mind.

That your mind.

And yes, you gave Mr.

Foster $25 to trade places.

Yes. Well,
you see, sir, it's my son, Richard.

He's troubled by dust.

Makes him cough
something fierce. That does.

And when we had the other place in line,
we were behind a six up of mules.

And that that
that was the reason why we did It.

Would have been the case.

Why didn't you ask Major Adams
to change your position in line?

Well, I didn't think it concerned anyone
but me and Mr.

Foster. May I direct you?

May I suggest that a concerned Mr..

I was very much concerned him so much
that you were willing to pay for that

change your position in line
and willing to pay will they?

Isn't that right?

God have mercy.

I mean,
what are you trying to make me, sir?

Now, now, Miss

Cassidy, I don't want to distress you,

but I stand between a man and his grave.

And you must answer my questions.

I'm trying to do the best I can answer
honestly.

You say no. I'm sure you are.

Now, we won't go into the painful reasons
of why you wanted

to change places on this train.

Because we have already established
the fact that you did.

But I'm going to ask you again.

Did you know, Mr.

Ivers, before you joined this train?

I think think carefully before you answer,
because, you see, I.

I don't want you committing perjury.

You see, I have a witness on this train

who can and will answer for you truthfully

and as well.

Let me refresh your memory.

Let's go back 22 years.

You were living in Boston,
but you made a trip to New Orleans

because you had received a letter
telling you that your husband, Malloy

Cassidy, was confined
in prison there in that room?

Yes, it's true.

Malloy had got into an altercation
with the authorities in a saloon

and he'd been arrested.

It was a terrible black time for me, as I
look at it now, I was just a little bit

more than a child myself.

And yet I had a little boy to raise,
but I was living on the dreams.

Malloy was sending me by letter

I've struck and rich, he wrote.

He'll never be having to scrub
other people's floors again.

I laugh at it now and I think, Oh, I
couldn't believe how it all would happen.

But I couldn't weep for Malloy
because he believed it too.

And what happened to

Malloy?

Cassidy

was dead when I got to New Orleans,

shot in the back, trying to escape.

They said.

But I'd found a letter

that Malloy had posted a few days
before he was k*lled,

and in the letter he said
he'd made friends with a prison guard

and he told him something that he did
not write in the letter where he'd hidden

his gold and the God and sworn
he'd get word to me where I could find it.

And this guard, was he the same one
who had shot Malloy in the back?

Of course it was the same God.

And Paul Malloy
never tried to escape at all.

It was all trumped up to look that way.

Did you ever see this guard again?

Indeed I have.

And when I saw him again,
he owned half the town of Buffalo.

And he looked right through me and said
he never knew Malloy.

Cassidy. I would ask, Who is this God?

What did the men known on this train
as Charles Evers?

Yes, sir. And

now, tell me, Mr.

Cassidy, why did you maneuver so much?

To get your wagon directly behind Mr.

Evers wagon?

He k*lled Malloy, shot him in the back
and stole his fortune,

and he had to face that memory every time
he stepped out of his wagon. Hmm.

Was that your only reason? Well, I. No.

I had no hope of getting Malloy's
money anymore.

What other reason could I have?

A very serious one, I'm afraid.

We didn't k*ll over.



But he's trying to trap her.
Don't you see? Don't you?

Oh, she.

Listen, young fella,

if you can't control yourself,
I'll have you thrown out of this court.

Do you expect me to stand here
when he tries to hang us?

My dear young men, the innocent
have nothing to fear in this course.

Nothing to fear.

You're trying to.

Crucify
my mother, only to let a m*rder*r go off.

Free on her honor.

Now, folks, this is a court of law.

And believe you me, it's
going to be conducted like a court of law.

There'll be no more disruptions.

Is that clear?

All right, go ahead, Mr.

Applewhite.

I thank you, Your Honor.

Cassidy,

do you happen to know
the real name of the man we all called Mr.

Ivers? I know Mr. Charles Mason.

And were you aware of any relationship
between these two men?

No, sir.

Now, Mr.

Cassidy, you have testified that
on the night of the m*rder, you heard Mr.

Ivers say.

I don't want to tell everybody who I am
and what you are,

but I will if you don't leave me alone.

Yes, sir.

I remember it was dark
and you were some distance away.

And the men were very excited.

And let me tell you,
in case you don't know it,

you were trying to separate and identify
the voices of two men who are brothers.

Brothers? Yes.

Bradley Mason and Charles Mason

are brothers.

And knowing this, how can you be sure?

How can you be positive
beyond any shadow of a doubt?

Which man was speaking?

I thought I was positive.

If all you thought you were positive.

But you're not a positive now, are you.

Brothers?

Well, I suppose not.

I would remind the jury that Richard
Cassidy has testified that he heard Mr.

Mason call out Mr. Evers.
I assure you, Mr.

Mason never called his brother, Mr.

Ives, in his entire life. Objection.

Objection Overruled. Darn. Good point.

Go ahead, Mr. Applewhite. I thank you.

Mrs. Cassidy, you have testified that
after you got your water bucket filled,

you have proceeded directly
back to the camp. Is that right? Yes, sir.

Did you meet anybody on the way? Yes, sir.
Who was it?

Mr. Drake, sir.

And your Drake? Yes, sir.

I was his father down to.

Still going. On? Yes,
I could still hear the music.

He sure did tell you,
Drake. Yes, I spoke to him.

That's all.

No more questions.

Everything.

The defense does

manage to thoroughly confuse the issue,

but I think we can straighten things out.

Mrs. Cassidy.

You did see Bradley Mason and Charles.

I ever saw Mason alone on the far
side of the waterhole?

Yes, sir.

Do you know what time that was?

A little after ten, sir.

And the two men appeared to be quarreling?

Yes, sir.

And when you left the scene,
they were still alone together on the far

side of the water. Yes, sir.

Then the important points
of your testimony are still unchanged.

No further questions.

And necessity may step down your shoes.

Thank you, sir.

Folks, this cross going to adjourn.

Not allowed to dinner.

Everybody be back here by 2:00.

Or dismissed.

I'll be glad when

this trial is over
so we can talk to each other and

talk. We just can't talk about trial.

What else is there to talk about.

Or what did we talk about before?

I can't remember.

Let's play a little three handed.

Major can't play cards. He's a judge.

You can't play either. You're on a jury.

Well, you're that. Clerk
and the bailiff and the guard.

And none of us can do anything.

I'm getting sick
and tired of this whole mess.

And I'm getting sick and tired of us.

This is the last time anybody's
gonna talk me into being a public figure.

I'm going to take a walk
some someplace where I can make.

Sure you get past and all jury box.

Just like old school.

You never went to school.

I know that.

I've seen pictures of school rooms.

Oh, man.

How's that shoulder?

More.

It's been proven.

No thanks to you.
It was a dirty trick measure.

Here. We're going to lynch a man.

If you let us string up Mason,

you wouldn't have been wasting
all this time on a trial.

What if that man wasn't guilty?

Who else could have k*lled Ivers?

That's why. Mr.

Miller, we're having a trial.

Why? Major Life's the way it is.

You can't change it.

People are the same
as they've always been.

Didn't the Romans throw the Christians
to the lions and watch the show?

And besides, you're cheating
the rest of us out of a little fun. Fun?

Let me tell you something, Miller.

The next time you try to start
a lynching party,

I'm not going to aim for your shoulder.

I think.

Major Adams.

S Miss Irish.

But if.

It's David, please come in.

Get me.

Get me.

Nobody's going to get you, darling.

Davy. Davy.

Last year, I thought you and I were pals.

I don't know what's wrong with him.
It won't eat.

He won't sleep.

And it goes to pieces
every time anyone comes near the wagon.

Go on, Davy. Hey,

is he mentioned anything that might
have happened the night his father left?

No, but I think he saw or heard something

that's made him afraid.

I'm serious.

None of my business.

That seems kind of odd to me
that his father would bring him

across the country in a wagon
when he could have gone around the horn

with you on a boat.

Major Adams,
it was agreed that he was to come with me,

but my husband left with him
in the middle of the night.

Charles took great delight
and sudden, unexpected cruelties

seem strange.

He seemed like such a kind man, and.

Mrs. Applewhite said I'd find you out
here.

Moseying around

is moseying around,
prowling through a jungle.

Such doubt, speculations.

You're right.

I wish I were younger.

And Wiley.

You were wonderful this morning.

Thank you.



of telling others what to do.

And now here I sit, wishing
there was someone to tell me what to do.



The law

is your sword.

Young men keep it clean.

And the shining bright
Take up that sword and pirate

with rhetoric and logic
until it is white, hot

and invincible.

Balderdash, balderdash and poppycock.


balderdash and poppycock.

What right have I in the arena?

A foolish old pedagogue

mouthing platitudes
for the young man's life in the balance.

But I feel that everything is going well.

Well, surely
you go with the Cassidy's this morning.

What journey would even consider that
testimony now?

Oh, yes.

We scored the right move there
along way from winning.

But if we scored,
we're closer than we were.

Our troubles. You.

You. Why?

I don't want to gamble
with the man's life.

And if I put you on the stand, I may be
putting a noose around Brad's neck.

But you have to put me on the stand.

If I do, I'll be putting a terrible weapon
in the hands of the prosecution.

Do you solemnly swear to tell the truth,
the whole truth, and nothing

but the truth? So help you God?

I do.

State your name and be seated, please.

Mrs. Charles Ivers.

Now, this as I was.

You were expecting to meet your husband
in San Francisco, where you're not? Yes.

Would you please tell the court
why you suddenly changed your mind

and decided to join your husband
at Cooper's Crossing A week ago.

Mr. Ivers telegraphed me from Denver.

Was this the message?

He telegraphed? Yes.

Would you please read it to the court?

My dear Leslie, several
old acquaintances have turned up

on the trip with you may be pleased
to know threats against my life.

I am not too concerned.

But for David sake, you would rejoin me.

The Overland stage has a stop at Cooper's
Crossing

where the wagon train
will camp the weekend of the 21st.

I would expect to find you there.

Charles. I thank you, Your Honor.

Would you please enter this evidence

now, as I was, your husband refers
in that message to old acquaintances.

Have you any idea who they were?

Jackson This question calls for
a conclusion on the part of the witness.

Not at all.

If Mrs.

Ivers is acquainted with the people
that her husband you on the train,

surely she has a right to point them out.

The inference then, is that
these acquaintances threaten the life

of the deceased.

Who have very good of you
to point that out.

Your Honor, Bradley Mason.

Not only Bradley Mason is on trial here,

the defense is deliberately
trying to cloud the issue again.

It seems to me that since Mr.

Ivers is not here
to identify these acquaintances,

this court cannot possibly stop Mrs.

Harris from doing it for
him. I thank you, Your Honor.

I will please answer the question.

Mr. Ivers was acquainted with Jed Fuller.

Is no Jed Fuller on this train. Mrs.

Ivers would surely run it if testimony
regarding Jed Fuller is important.

We have a right to it in the case.

All right.

Go ahead, Mrs. Harris.

The day after my husband left to join
the wagon train, a letter came for him.

Signed Jed Fuller.

It said that he knew
Charles would be on the train.

And to make no mistake,
the old score would be settled.

And have you that letter?

No. There was no reason to bring it.

Did you know Jed to follow?

No, but I knew of him.

Mr. Fuller was convicted of manslaughter,

largely through the efforts
of my husband's newspaper.

He had served five years of his sentence.

And then this spring,
another man confessed to the crime.

Charles was quite concerned about it.

Because of
what happened to an innocent man.

They. No.

Because of what might happen to Charles
if the innocent man caught up with him.

Your Honor. I really must object.

This testimony is irrelevant
and immaterial

Since Jane Fuller
is not even on the train, its quarrel

with the deceased can have nothing
whatever to do with the case.

But surely the remarks are admissible

as being indicative
of the character of the deceased.

They have nothing whatsoever to do with
the guilt or innocence of Bradley Mason.

Let's try
the man who is not a man who is not here.

Objection.

Sustained.

Would you please tell the court

how many people present on this train
whom you know to be acquaintances of Mr.

Ivers?

Mrs. Cassidy and Richard

Elliott Drake?

Had your husband
anything to fear from any of these people?

He had reason to fear all of them.

Objection.

This is conjecture
on the part of the witness.

I demand that that answer be stricken
from the record.

Your Honor.

Witness His testimony is not conjecture,

but is based on fact,
which I will bring out in examination.

Objection. Overruled. Thank you.

Now, desires, will you tell the court
what you know about your husband's

acquaintance with Elliott Drake?

Mr. Drake's father was Edwin Drake,
a state senator.

Charles decided to run against him
in the election.

Senator Drake
had many years of good service

behind him in the legislature,
but Charles had the advantage.

Charles owned the newspaper.

Week after week,

he hammered away at Senator Drake,
printing the most outrageous lies.

He accused him of everything
from misuse of state

funds to alcoholism.

I was so ashamed I.

I couldn't go out into the street.

And then one night, as the campaign
came to a close, Elliott came to my house.

Charles opened the door,

and Elliott hit him so hard,
he almost knocked him down.

Well, Charles, throughout his
daring journey, he aimed at.

It. ELLIOTT
I grabbed his arm and thank heaven.

The shot. Went wild.

I still wake up sometimes
and I can see them.

Charles shouting at Elliott
This won't help your father

and Elliott So why'd nothing alive? But.

But as I say,

something will help my father.

My father is dead.

You m*rder*d my father.

At first,

Charles was surprised.

And then he was shocked.

And later, when Elliott left,
he said to me,

Send the.

Learned to these to them.

And you feel you can go on, Mr.

Library, I. Shall I ask for a recess?

No, please, let me go. What?

Senator Drake had many friends.

They didn't like the way he died.

Charles had finally gone too far.

He realized that he would
probably lose the election, so he withdrew

from the race.

Soon his past started
to catch up with him.

He learned of Jed Fuller's
release from prison, and one night Mrs.

Cassidy and Richard came to court.

I was present when Mrs.

Cassidy accused Charles of sh**ting her
husband in the back to get his fortune.

Charles denied it, of course,
but the next day

he started making plans to go west.

And I miss David,
I must ask you to go back

to a chapter in your life
that I realize will give you great pain.

I would like to speak this ordeal
if I could,

but I know what the prosecution
would make of it.

If I did, I would ask you
to tell the court, in your own words,

of your relationship with the accused.

Bradley Mason

I first met

Bradley when I was ten years old
and he was 15.

I used to tag along wherever he went.

I loved him
the way a little girl of ten loves

openly and fiercely.

I cried when he went away to school.

I felt that things
would never be the same again

and when I was 16,

my father told me that I was to marry
Charles.

It was a good business transaction.

My father had financial reverses
and Charles

wanted the prestige of my father's name.

On the night that my engagement
was announced to Charles,

I saw Bradley again

and he held out his arms.

He smiled at me and we danced,

and I knew that I'd been waiting for that
moment ever since I was ten years old.

Bradley was my whole world.

There was no other world but Fred.

We went to tell my father.

We tried to explain how we felt, but

his answer was Never see Brad again.

And he told my mother to send out
the wedding invitations immediately.

Well, in desperation,
we went to Charles and Charles said

it didn't matter who I loved,

I had to marry him

badly.

And I realized
that we had nobody to help us.

But I said

so. We ran away.

We found a country preacher to marry us,

and we took the stage to New York.

We thought that we thought we were safe
there.

And for one lovely,

unforgettable week we were.

I never knew such happiness.

And then Charles and.

And my father arrived.

You see, we

thought because we were married,
that we were beyond their reach.

But my father informed me
that he had had the marriage annulled.

And Charles said that he wasn't
going to be the laughing stock of Buffalo.

Nobody was going to say that
he had been left standing at the altar.

Charles said that he would ruin my father

if I didn't do what he asked.

So I.

I left Bradley.

I went back to Buffalo.

I married Charles

and I was never happy again.

But on the day that I was 17,

I found at last someone I could love.

My son was born,

bred son.

And I

wanted out.

And when did you next see Bradley Mason?

After leaving him in New York.

The next time I saw him was in the prison
wagon.

Had Cooper's crossing a week ago.

And you didn't hear from him at all
in the intervening time?

No. Never.

I thank you, George Davis and

your witness,

Mrs. Ivers.

You sit on that witness
stand under circumstances.

A strange as any I have ever known.

You are here to defend a man

accused of murdering your husband.

Listening to your testimony in

testimony calculated
to blacken the good name of a man

who was not here to defend himself.
I can only wonder.

And the jury must wonder why.

And the inescapable conclusion
leaps at us all.

It is the only way you can save
your lover.

Objection to a bad dream.

Mason was never the lover of his life.

Was the objection sustained?

Mrs. Ivers, am I right in assuming

from your testimony that you never had
any affection for Charles Ivers?

You are quite right.

You entered your marriage
with hate and bitterness.

How could it be otherwise?

You were still enamored of Bradley Mason.

In love, Mr.

Drew.

In love through seven years of marriage
to another man. Yes.

And there he was.

Still say that
you love Bradley Mason. Yes.

Although he stands here before this court
accused of murdering your husband.

Yes. Mrs.

Ivers, how this court can regard
your testimony as anything but biased.

I really don't. No objection.

Considers Attempting to prejudice
the jury.

Objection. Sustained

calls.

You pay no attention to what Mr.

Drew just said.

Mrs. Ivers.

You say you arrived at Cooper's
Crossing by Overland Stage? Yes.

How far was that?

Stage way station from the wagon camp?

I don't know.

I will tell you,
it is precisely two and one half miles.

Is it?

When did you. Arrive?

Saturday morning.

Your husband was k*lled on Saturday night.

Where were you
until Monday night? At the way station.

Why did it take
you three full days to travel?

Two and a half miles.

My husband told me to wait for him
at the rail station.

I read you what he telegraphed.

The obedient wife.

And what made you decide suddenly
to put in an appearance on Monday?

Because I realized something must be wrong
when I had no word by then.

How did you arrive at the camp?

I hired a man at the way station
to bring me over.

Did you know your husband had been
m*rder*d before you reached the camp? Now.

How long were you in
camp before court convened?

About half an hour.

And that half hour was sufficient
for you to decide that your lover.

No, don't bother, objected.

But a step at the time that half hour
was sufficient for you to decide

that your brother in law
was innocent of the m*rder of your husband

and that you were free to stand up
and defend him against the world.

Yes, I had ample time.

Even if your husband was as black
as you would have us believe,

Bradley Mason had no right
to appoint himself as executioner.

That's right. And he didn't.

How did Bradley Mason's g*n
get covered with blood?

I don't know, Mrs. Ivers, Nor do I.

But I have a very shrewd suspicion
that Bradley Mason knows.

He does not.

I put it to you
that he knew you were coming,

that he quarrel with his brother over
you and k*lled him.

Then sick with fear and shame,
sought refuge on the bottle.

Objection. No, he didn't. He didn't.

He didn't know I was coming in.

He did not k*ll talk, didn't he?

Perhaps the jury will not vote.

And whether I is
quite so prejudiced as yours,

Mrs. Ivers,

you are a very gallant opponent.

I wish you could have been on my side.

No further question.

All right, Mrs.

Harris.

Excuse me, Mr.

Burns.

This can't be adjourned.

Last Supper.

I want to talk to you
about putting you on the witness stand.

See if I do, the prosecution

will have the right to cross-examine,
and you might not stand up under it.

But if I don't, no one will have
any right to question you.

I'll leave it up to you.

No, no, no.

My dear boy.

It's your life and your decision.

You know, you Never told me
the boy was mine.

You and way before she had a chance to.

Child wouldn't tell you.

Well,

Charles did tell me.

He told me that night,
but I didn't believe him.

It was funny.

I love that little kid.

From the first moment I saw him, I thought
it was because he was her husband.

My son,

all the time.

I didn't think I had anyone in the world
and I had him.

Professor,

you've got to get me out of this

before. It didn't matter much.

But now I do what I can, boy.

But you have got to try to remember

who it was You passed in the shadows.

Help me, Help me, Help me!

Help!

David, Why are you afraid?

Please tell me.

I won't let anyone hurt you.

Is it something to do with Daddy?

Did someone come to see him
after he left with Brad?

Did you tell them that they'd
gone down to the water hole

to take her down after Brad and Daddy?

David, please tell me.

Please.

Did you k*ll your brother?

No, No.

He was alive when I left him.

Then after you left your brother
and walked back to camp,

did you pass anyone?

I don't know.

You hated your brother.

Admitted I disliked him most of the time.

Why didn't
you and your brother use the same name?

You'll have to ask my brother.
Don't banter with me, sir.

My brother changed his name.

I didn't change mine.

Where are you? In love
with your brother's wife.

She was my wife.

You stole her on the eve of her
marriage to your brother?

My brother never loved her.

But you knew the instant
you looked at her.

Not having seen her
for several years, that you did?

Yes. Why

did you travel west on the same train
with your brother?

I didn't know my brother was on this train
until we were on our way.

Do you expect us to believe that?

Well, it's true.

When I found out he was on the train,
I stayed away from him

as much as possible. Until last Saturday?

Yes, until then.

You testified that you came to warn
your brother.

Counsel for the defense

carefully refrained from asking
who you came to warn him against.

I ask you now.

Who is he?

By pointing out who is he

you're facing?

I Was he saying you wouldn't

want me to tell every who
and what you are, would you?

But I will.
If you don't leave me alone. I said

I said to

him, Drunk or not, I warn you,
You say one word about me and so help me.

I'll k*ll you.

Don't be a fool, Charles.

I didn't come here to fight with you.
I Came to warn you.

Just get out of this tree.

Go beat your warning, fool.

You're not going to scare me.

I know where Fuller is. He's in Buffalo.

You poor, drunken, stupid lout.

You let me take your wife and your child.

And you're never going.

To have either one of them again.

They're mine. Oh.

Now you're walking back to camp.

The square dance is still going on.

You pass someone as you go.
Who is it, boy?

Who is it?

Someone presses back as you go by.

Someone with a m*rder in his heart
and your g*n in his hand.

The m*rder*r is there.

You walk right by him.

Who was in Roy Mason? Do you hear me?

Who were you warning him against?

Who was threatening your brother?

Jed Fuller.

Jed Fuller isn't with the train now.

Oh, he is on the train.

It was him in the shadows that night.

That's him right there.

It's like he wasn't Danny.

He said if I told.

Anyone, it.

All. Boys,

we're not going to have to go through
this again, are we?

All right.

There will be no.

All right.

Take him over and lock him up. Bill.

Let's go.

Miller.

Well done, Professor.

Was Alexander.

You know, I'm
opening an office in San Francisco,

and I re very proud
to have you as a partner.

You practiced law at my age.

No, thank you very much.

But you see, this whole thing
has proven to me conclusively that

my place is back in my classroom
with my books and my students.

Harder.

Harder.

This court's not dismissed yet.

I went to lawyers having a respect
for a court of law.

I got something to say,

folks.

The trial of Bradley Mason is over.

But there was more on trial here
than just a man.

Justice itself was on trial.

Justice and the rights of free men.

I'm proud that wherever
this wagon train is,

there is no wilderness.

Civilization has arrived.