01x10 - The m*rder*d Party

[bunniefuu]

Charlie.

I want to get this
on that San Francisco train tonight.

Another minute,
and you'd have been too late.

I ain't never gonna get caught up.

You keep tryin', you hear?

- Now, give me that money.!
- I don't have any.

You're supposed to have that money.

Colonel Ashby!

I didn't do it! I didn't k*ll him!

- Morning.
- Good morning.

- Good morning, Heath.
- Well, good morning.

You, uh, ready to go back to work now?

The barley's headin' out,
alfalfa's ready to be cut...



- I do hope you can spare us a few moments of your time.
- I'm ready.

- I'd sooner clean the stables than testify at that inquest.
- Then it's all over?

They brought in an indictment
of first-degree m*rder last night.

It's all over but the hangin'.

Korby Kyles for Colonel Ashby-

One of the most despicable men
in our community taken in exchange...

for one of the most
charitable, beloved men.

Not a very fair exchange.

If I had my way, I'd kickJake Kyles and
all three of his sons clean out of this valley.

That bunch is worse
than a wagonload ofbarbed wire.

- Sorry I'm late.
- Audra.

- Well, good morning, Audra.
- Good morning.

All this work going on around this ranch,
I suppose you've been out dancing the moon down.

Well, you're welcome
to suppose all you like.

Soon as these odd jobs are through...

maybe we ought to commence
ridin' herd on our little sister.

I'll have you know I was up
at 6:00 this morning...

and picked up the plans for the orphanage
for the meeting this afternoon.

Well, with the colonel's m*rder...

you don't suppose Mrs. Ashby will change
her mind about donating that land?

Mrs. Ashby told the committee that the children
shouldn't suffer because of his death.

I'm sorry. You just can't come barging in.

Out of my way. I wanna do some talkin'.

- Jake Kyles, you get out of here!
- Nick! Nick!

- I ain't gonna take much of your time, Victoria.
- Get those hats off!

I'm just after askin' a simple favor
from an old friend.

All right.
What favor can we do for you?

I been all over town.

Ain't a lawyer anywheres
will even touch my boy's case.

They're either afraid
of Ashby's name or mad at Kyles.

ButJarrod- he ain't afraid.

He's pretty fair
with them legal speeches.

I'd like to hire him on.
Are you willin'?

Now, Jake, you think about the reasons
those lawyers turned you down.

It's probably because they don't believe
your son's plea that he's innocent.

'Cause ain't a-one of'em
will even listen to his side!

Jarrod, you're my last hope.

I wouldn't asked you neither
if it weren't for the fact...

that your daddy and me
came to this valley together.

A member of my family
is the prime witness against your son.

I thought of that too.

But it ain't as if he's a real member
of the Barkley family.

- Come on!
- Nick.

Now, Jake,
I'll try and overlook that remark.

But you understand this-
I'll not accept your case.

You're always yappin' it up
about justice.

But when it comes to action, you're like
all the rest of them do-gooders.! Do-nothing.!

I'm tellin' you,
the real knife-stickers in this town...

are the high and mighty mucky-mucks
like the Barkleys and the Ashbys.

- Jake, that'll be enough!
- You heard Jarrod's answer. Don't make it any worse.

All right. You see to it he keeps
his nose out of our business.

And see that he don't tell
any more lies about my own son!

Mr. Kyles, I don't take
to anybody callin' me a liar.

And I'm tellin' you your testifyin'
against Korby makes you one!

Get out!

Get out of here, Jake, before we forget
you're an old man. Now, move.

Come on, Pa.

All right. Let's finish breakfast.

Heath. I'm sorry for what he said.

Thanks, Sis.

I'm sure ifJacob really tries,
he'll find a competent lawyer.

What difference does it make?

Well, sometimes it has been known
to make the difference...

between a verdict
of guilty and innocent.

But Heath caught him red-handed!

That's high, low, Jack
and the game, right?

Right.

Good afternoon, Counselor.

- Jarrod!
- Clem, how are you?

Fine. Good to see you.

Say, I owe your brother Heath a drink
for testifying at the inquest.

He's a prosecutor's dream.
Thank you, sir.

It would appear so,
but, uh, you know...

it's too bad it cost an Ashby
to get rid of a Kyles.

Tell me, Clem-

Is it true thatJacob Kyles
can't get anyone to defend his son?

Oh, I hear tell he's been askin'around.

But unless Korby decides
to change his plea to guilty...

I don't think he's gonna have much luck.

- Why are you askin'?
- Oh, it's-

- It's just that he finally got around to asking me.
- Oh?

No, sir.
Never a Kyles set foot in this shop.

Them so shaggy-eared,
they ought to pay double-dog taxes.

I ain't complainin'. I wouldn't want
to dull my shears on any of'em.

Colonel Ashby-Well, they broke
the mold when they made him.

It was a grand funeral.
I shaved him.

A quick hangin'
would be a community service.

Set a simple black-tongued example
for the rest of'em.

They oughta hamstring
the whole crew of'em.

They oughta tie 'em up in a cave
and clean 'em out once and for all...

from the land of civilized people.

Only thing-
Hangin' won't bring the colonel back.

But at least he wouldn't be able
to k*ll anybody else, that's for certain.

Nice talking to you, Slim.

Thank you, Mr. Barkley.
Been nice talkin' to you. Next?

"The Kyles are a menace
to our community.

"The record shows a history of 14
individual arrests during this past year alone.

"Korby Kyles himself
has been charged with drunkenness...

"destruction of private property...

"conspiring to defraud,
as*ault with a deadly weapon...

and now we know him to be the lowest
of all human beings- a m*rder*r. "

Don't you think this editorial
is just a little prejudicial?

You call it prejudicial.
I call it the truth.

Tell me, George-
are all writers so emotional...

or is it just that lawyers
are too objective?

Jarrod, I don't understand you.

Your own brother is living proof
of Kyles's guilt!

Oh, I'm well aware
of the case against him.

I just wonder
if you'd print anything for him.

Hello, Audra.
Well, who are your little friends?

These are some of the children
whose parents were lost in the epidemic.

I'm taking them over
to Mrs. Bradshaw's house.

There's just no room
in the old orphanage.

Children, why don't you go on
to Mr. Perkins's store...

and tell him I said to give you each
a licorice stick.

- Jarrod?
- Hmm?

You're thinking
about the Korby Kyles case.

What makes you say that?

Because I heard what you said
to George Allison.

Oh. Well, I just don't like it when a newspaper
condemns a man before he's even been tried.

After all, it might be
one of my clients sometime.

You're not thinking of changing
your mind and taking the case?

The last thing in this world I want to do
is defend Korby Kyles.

- Anyway, that's nothing for you to be worried about.
- Yes, it is!

How do you think Mrs. Ashby
is going to feel...

about being associated
in the orphanage with us...

if you defend the man
who m*rder*d her husband?

Now, Audra,
Korby Kyles might be guilty, but-

Might be guilty? Heath saw him do it.
That's proof enough!

Jarrod, you've got to promise me
you won't take the case.

I'm sorry, honey.
I can't make you that promise.

Now you see
what I've been doing all year.

The new orphanage is going
to be as perfect as I can get it.

Here are the sleeping quarters, and this
is the infirmary we're giving the money for.

The pantry, the kitchen, the dining room.

- What else do these kids do besides eat?
- They wash and dry dishes.

I wouldn't think
they'd have time between meals.

Oh, don't you worry.
They study harder than most children.

All right. I'm sold.
Anything I can do, you tell me.

Excuse me, Sis.

Well, you're home early.
Town lost its charm?

No. Town's fine.

Audra seems to think you're gonna
commence a w*r against it.

Audra jumps to conclusions.

Jarrod, if you knew a man was guilty,
would you defend him?

Only to save his life
by pleading for mercy...

especially if there were
extenuating circumstances.

But if he claims he's innocent?

That would depend on whether
I could believe him or not.

Do you believe Korby Kyles
k*lled Colonel Ashby?

Heath, the more everyone
hangs him in advance...

the more I wonder about it.

I saw him, Jarrod.
You think I made it up?

No. Of course not.

But you still think there's a possibility
that Kyles didn't do it.

At this moment, yes.

There's a shadow of possible-
but not probable- doubt...

even though you sincerely believe
you saw him do it.

All right.

Then I want to make it clear that you
don't turn him down on my account.

Thanks, Heath.

But that's the cart before the horse.

I haven't even talked
to the party in question yet.

Morning, Fred.

- Well, I see they're keeping you busy.
- No, they ain't.

And that's what I like
about this job.

- What can I do for you, Jarrod?
- I want to see Kyles.

- What do you want with him?
- Maybe offer to draw up his will.

- Can I see him?
- Come on ahead and waste your time.

He ain't got nothing worth leaving,
as far as I can see.

Kyles, you got a visitor.

Well, lookee here!

A high-and-mighty Barkley's...

come to lord it over a poor old Kyles.

Well, I didn't bow for your brother,
and I ain't gonna bow for you...

and I ain't gonna bow
for nobody else in this coyote town!

And I'll tell you somethin' else, mister!

I'm gonna gnaw
your hangin' rope in two...

and I'm gonna come
and get you and your brother...

and that stinkin' sheriff and everybody else
that's a-crowin' over me right now.

You refused to testify at the inquest.

Does that mean
you're gonna plead guilty?

I mean,
what difference does it make?

I ain't got no lawyer to prove otherwise.

All right, Korby. Did you do it?

And what if I say yes?

Then I want to know
if you're gonna plead guilty.

- Why?
- Because a lawyer might be able to save your life.

My pa said you wouldn't have
nothin' to do with me.

Your pa might be wrong.

There's somethin' scratchin'
in your craw there, mister...

comin' on with them cheap "maybes. "

- Well, maybe I'm guilty and maybe I'm not!
- Which is it?

What if I said "I'm not" for sure?
What then?

Course I'm not.!

And I got a good notion to tell
the whole world about this town!

It's full of tall doggy-stuffed shirts!

Ain't a one of'em around
good as the Kyles.!

And believe me, mister,
I've seen both sides of it.

Korby, if I thought you'd level-

You Barkleys-
You ain't got enough to railroad me.

So you come here to shut me up, huh?

I came down here to consider your case.

If you don't want even that, then at least
I've satisfied my conscience that I tried.

Hold on a minute.!

Keep your shirt on.

I mean, hog, dock or devil,
I got to have me a lawyer.

All right then.
You tell me the truth, plain and simple.

You wouldn't know the truth
if you run over it in the street.

- Try me.
- All right.

You wanna know about your high-and-mighty,
rich, respectable Colonel Ashby?

He had two suits- one of'em was clean,
and one of'em was dirty.

You wanna know how he got his real money?
He got it from opium.

You're lying!

Let me tell you that that kind of talk is only
gonna dig you in deeper than you are already.

I figured you'd say that.

Colonel Ashby was the middleman
for the whole of central California.

All I did was carry the stuff
to the buyers, like the Hip Su tong.

And that's what was goin'on
back there in that alley.

It was the payoff
from the head Chinaman.

It was one of them Chinamen
that k*lled him, not me.

- Can you identify that Chinaman?
- No, I can't identify him.

They all look alike to me.

Like I told you,
all I do is carry the stuff.

The payoff comes direct.

So there I was,
back there in that dark alley.

I'd come to get my money
for my day's work.

And I see Colonel Ashby,
and I seen a man behind him.

And so I yelled to the colonel,
"Look out, Colonel!"

Then he turned around,
and that's when the Chinaman, he done it.

So I go over to this poor man
and I pull a knife out of him...

and I chase that Chinaman.

And that's when your brother,
he jumped me.

Huh. What's the difference?

You ain't gonna believe me,
'cause I ain't nothin' but a Kyles.

There's one difference.

If your story is true,
it will ruin the reputation...

of one of the most respected men
in this state.

Well, that's, uh-

That's his fault, not mine!

My brother testified
that he saw you stab Colonel Ashby.

And I told you I didn't do it.

He seen a Chinaman, not me.

And I swear that on my mother's grave.

Your story is so bad,
I'm almost tempted to believe it.

Well, thanks, Jarrod.

Don't you ever call me "Jarrod. "

Nick.

- Is it true?
- What?

You're gonna defend Kyles?

No, but it's true I'm thinking about it.

You're gonna think yourself
right into a hole, Brother.

The more you think,
the deeper you're gonna get.

No, Nick, I'd say
it's more like treading water...

looking for a bottom
that should be there but isn't.

Well, I just don't see
feeling sorry for Kyles.

They came here with
the same chances our parents did-

the same kind of land...

and enough land to keep three boys out
of the trouble that they're always in.

Look, why don't you give some of that good
advice about how to run their place to them?

Because it's none of my business
giving advice to people that don't want it!

Jarrod...

how long has it been since you've
been out to the Kyles place?

- A long time. Why?
- Well, why don't you take a ride out there?

Maybe you can find
that bottom you're lookin' for.

- Mornin', Jake.
- Light down, Barkley.

I don't look up to folks when I talk.

It doesn't bother me either way.

Say your piece.

Tell me, Jake-
Why do you let a good farm go like this?

It's mine. It suits me.

I'm a free man beholden to nobody.

You figure the less work you do,
the freer you are?

You feelin' extra proud because you got
all your buildings covered in white paint?

There's worms under that paint.

sh**t.

I knew the Barkleys
when they was kinda dirty...

and kinda neighborly.

Well, let that be now.

Mornin', boys.

But you didn't come
all the way over here just to insult me.

Maybe you came over to tell me
your so-called brother...

decided against testifyin'.

No. I'm afraid not, Jake.

I just came over here to see if you're having
any better luck getting a lawyer for Korby.

None.

You're all of the same stripe.

Soon as one of you hears a Kyles's...

within 18 miles of a crime...

you right away figure
it's him what done the dirty work.

Well, what would you say if they
were within just a few feet, Jake?

All right, boys. I want those silver
conchas in my hand right now.

- You got them conchas, Emmet?
- No, Pa. I ain't got 'em.

We was just standin'here,
admirin'his horse and saddle.

See? There you go, accusin' my boys.

Well, now, suppose we take it
on the evidence, Jake.

Those silver conchas were on that saddle
when I rode in here.

- Now they're gone.
- Well, now, that don't prove nothin'.

- Hand 'em over.
- Get away from me.

Let go! Let go of me!
I didn't do it! I didn't do it!

Oh!

Seems what everybody says
about this family is true.

You've never known
an honest day's work or an honest dollar.

Just a minute, Barkley. You don't seem
to know a joke when it's played on you.

- Korby a joke too?
- Hold on now.

It takes a brain like a slippery water snake
to blame Korby for them boys' foolishness.

Besides, Korby's my burden, not yours.

And you seem to be doing everything
in your power to keep it that way, Jake.

You know, I think I'd recognize that perfume
in the middle of a desert sandstorm.

My, my. You look as lovely
as summertime itself.

- Thank you.
- What brings you to town?

Oh, the place to discuss law
is in a lawyer's office...

not at a breakfast table.

Very well, madam.

Would you, uh,
please state your legal problem?

Jarrod, there's nothing in the law that says
a lawyer has to defend any special person.

I mean, a lawyer has the right
to refuse a case if he so chooses.

If he has a good enough reason.

No, there's nothing in the law that mentions
he has to defend any special person.

But when a lawyer takes his oath, he swears
to defend justice and the Constitution.

Audra says the- the committee believes
that Mrs. Ashby will change her mind...

about giving the land to the home...

if you defend Korby Kyles.

Yes, I've heard that. But in theory,
that should have no bearing on the case.

If you do take the case...

that means you will attempt
to discredit Heath's testimony.

If I take the case.

Jarrod, from the day Heath came to us...

he's had to prove to the people in this valley
that he's the equal of anyone...

that his word counts no less
than any other Barkley.

Oh, Mother, don't you think
I've thought about that?

You know I don't want to hurt Heath.

But he's told me he doesn't want
to influence my decision either.

Nonetheless, you will hurt him.

Yes.

Oh, that puts me nicely in the middle,
doesn't it?

Jarrod-

I promise you, I will carefully consider
everything you've said to me.

Sorry to interrupt,
but I think you'd like to know...

that the judge requested
Matt Cooper to defend Kyles...

and Cooper agreed.

- Are you sure of that?
- Yes, sir.

Well, amen to that problem.

The usual tempest in the teapot, hmm?

I'll see you at dinner.

Well, I must say
I admire your courage, Matt.

Well, thank you, Mr. Barkley, but, uh,
I'm not really sticking my neck out.

You see, the judge promised
to send a personal note to Mrs. Ashby...

explaining the court's position
in having to assign a lawyer...

when the defendant couldn't get one...

and my obligation
to accept the assignment.

Still, you could have found
an excuse to get out of it.

Well, since the judge
protected my future...

I was glad to get the chance
at the experience.

Well, I admire your honesty.
Good luck, Matt.

Mr. Barkley.

Losing this case-

- Do you think that can hurt my career?
- Not if you do a good job.

What makes you think you're gonna lose it
before you've even begun your preparation?

Well, I talked to Kyles. He's guilty.

You can see it in his eyes-
he's a k*ller.

Well, I'm bushed. You figure
to work on that all night, do you?

I want to get it fixed right.

- Sure you won't need any help?
- Nah. It's just about through, Nick.

I'm goin' on up to bed.
I'll see you in the mornin'. Good night.

Good night.

You better hold it right there, boy.

I'djust as soon blast you down
as look at you.

What do you want?

We aim to help you learn
your testifyin'.

I don't need any help.

Maybe you best just say
you was mindin' your own business...

the night Ashby got hisselfkilled.

Yeah.

You couldn't see who it was anyways.
Could you?

I could see.

Just don't you tie in Korby Kyles
with no knife, no alley, no killin'.

- I caught Korby red-handed.
- You're wrong, mister. Maybe dead wrong.

You don't want to get your family
into trouble, do you?

If it takes burnin' out
that fancy house...

or if it needs killin'cows,
it'll be done.

And that prissy sister of yours?
She could easy end up on a boat to China.

And it's a long, long way back.

Bust him!

Hit him again, Alan!

You better listen now and get it right.

You testify the wrong way...

and we'll come back and put this brand
so it'll mark you for life.

What happened? Who did this?

One guess.

- Kyles?
- It was them.

Me and the boys
are gonna do a little visiting.

- Nick, you know better than to play vigilante!
- In this case, I wish I didn't.

What'd they say?

They threatened the whole family
if I testify against Korby.

- I see.
- Jarrod, no one can stop me.

I know that, Heath,
and I promise you they'll be punished.

And to think you were considering
defending one of them.

Korby is not responsible
for what his family does.

I'm taking the case.

- You can't!
- No!

- I thought Matt Cooper-
- He was.

But what chance does a man have when
his own lawyer is convinced he's guilty?

I have no choice.

- George.
- Jarrod.

Can you tell me why one of our
leading lawyers has taken it upon himself...

to go against the best interests
of the town, his family and himself?

Well, now, George, I'm happy to learn
you're still talking to me.

After some of your recent editorials,
I was beginning to wonder.

Or is it maybe now that you've gone
over all the evidence firsthand...

you're gonna advise your client
to plead guilty tomorrow?

Maybe.

And maybe since I have gone over
the evidence firsthand...

I've uncovered a few facts that even
your newspaper didn't know about.

Here's to, uh, success, um-

- In the harvest.
- Yeah.

- Audra, you look lovely.
- Thank you.

Well, now, Audra, I've been to the
county seat and a good many other places...

but that's the first time
I've ever seen a dress like that.

Sort of resembles that new filly, except
you can see more brisket than fetlock.

I do believe it's one of those new
horse blankets just came out this year.

You've heard about 'em, Mother.
Supposed to be good for circulation.

Oh, hush up, you farmers.

You wouldn't know a fancy dress
from a sassafras patch.

Come on. Let's have dinner.

Yeah.

Any word from Jarrod?

- No, not a word.
- Wonder where he is.

Excuse me, Mr. Nick, but Mr. Luke
told me to tell you the time has come.

Uh-oh. Cedar Bun's come in foal.
Excuse me.

- You're gonna hold her hoof, Nick?
- Something like that.

- Well, I'll bring you a roast beef sandwich.
- Thanks, Heath.

- Nick.
- Jarrod.

- Sorry I'm late.
- Jarrod.

Audra.

- Heath.
- Jarrod.

Well, I take it it's true.
Mrs. Ashby's backed down.

And I can't really blame her.

So I guess there'll be
no new orphan's home...

until we find a new piece ofland.

Audra, I guarantee you'll have it.

Oh, it isn't just the land
or even the money.

It'll take another year to reorganize...

and that's another year
out of those children's lives.

Honey, it won't be that long.

I'll help that committee
speed things up every way I can.

And until then, believe me-
I'm sorry.

Jarrod, maybe it isn't your fault.

Maybe it's just the times
that we live in that-

that allow children to suffer so much.

Well, whatever it is, I hate it!

- Audra.
- Jarrod.

Needless to say,
I'll be glad when this trial is over.

You think you got a chance, Jarrod?

A good one, based on what I've got.

Only I've heard that Greene has
a surprise witness. That worries me.

And I don't?

Heath, you understand
that when a lawyer takes a job...

he does it any way he can,
no holds barred.

So that means, if you can, you're gonna
turn me upside down and inside out.

- That's what it means.
- I'll be ready for you.

Your Honor, I intend to prove,
beyond a shadow of a doubt...

that Colonel Ashby could only
have received the fatal wound...

at the hands of the defendant.

Now, Mr. Kyles,
when questioned by Mr. Barkley...

you stated that this here knife
is your personal property.

Yeah, that's my knife.
I made that knife myself.

And this knife belongs to you too,
doesn't it?

I told you that that's the knife
I pulled out of Colonel Ashby's stomach...

before I chased the Chinaman
that stabbed him.

In your testimony, Mr. Kyles,
you said you, uh-

you wouldn't own a knife like this.

Now, uh, why should we believe you?

Uh, can I show you somethin'?

Order.! Order.!

Order in this courtroom.!

Now, do you think I'd own an off-breed
toad-sticker like that thing there?

I want no more such demonstration
in this courtroom, Mr. Kyles.

Satisfy yourself
with answering the questions.

Well, yes, sir, Judge.
I'll answer 'em.

That'll be all, Mr. Kyles.

Witness dismissed.

Now call your next witness,
Mr. Barkley.

Your Honor, I'd like to call
Mr. Asa Harmon to the stand, please.

Mr. Harmon, would you state
your occupation, please?

I'm a special detective employed by
Senator Harrison's investigating committee.

How long have you been so involved?

Just a little over six months.

What is the purpose
of your investigation?

Legislative restrictions on
the importation and sale of harmful drugs.

All right, Mr. Harmon.
Would you tell us, please, what you know...

of the connection between
Colonel Ashby and Korby Kyles?

Kyles worked for Colonel Ashby.

That can't be true.!

Colonel Ashby was a member
of a ring distributing opium...

to tongs here and in San Francisco.

Order in this court.!
Continue, Mr. Barkley.

Mr. Harmon,
are you saying that Colonel Ashby...

a man of spotless reputation...

was involved in the narcotics traffic?

Well, he was more than just involved.

Colonel Ashby
was one of the prime movers.

According to your information,
how long was he involved in this trade?

Objection! You will not
make m*rder any less repugnant...

by maligning and slandering
the good name of the victim...

who's not here to defend himself.

Your Honor, I'm merely trying to
establish the victim's true occupation...

to show that there might be others with
stronger motives to have committed this crime.

I deeply regret bringing out
this sordid background.

However, I am sworn to defend
my client by all possible means.

Objection overruled.

Please answer the question,
Mr. Harmon.

How long was he so involved?

We have records showing that Colonel Ashby
has been involved in the narcotics trade...

for over a period of 20 years.

Then it is credible that he may have made
an arrangement to meet somebody else...

possibly a member of the tong
in the alley that night?

Yes, sir. I would say so.

Now, Mr. Harmon,
would you tell us, please...

what you've been able to find out about
the narcotics traffic and how it operates?

Yes, sir.

The stuff is imported into this country,
diluted, repackaged...

and then distributed
to various cities and communities.

The original investment pays off
at about 1,000% profit.

The addict becomes a virtual sl*ve
to his supplier.

Congress is presently working
on legislation...

which will make the public sale
of harmful drugs ill*gal.

You tell 'em, feller! You tell 'em!

Order!

Thank you, sir.
No further questions.

Do you wish to cross-examine,
Mr. Greene?

Thank you, Your Honor.
Not at this time.

That'll be all, Mr. Harmon.
Thank you. You're dismissed.

Are you ready to call
your next witness, Mr. Barkley?

I am, Your Honor.

I would like to recall
Mr. Heath Barkley to the stand.

The court recalls Mr. Heath Barkley
to the witness stand.

Mr. Barkley, you're aware
that having been sworn in before...

you're still under oath to tell the truth?

- Yes, sir.
- Be seated.

Mr. Barkley, according to
your testimony earlier in this trial...

you stated that the quarrel
you heard from the alley...

sounded like such a critical matter
that you felt you should interfere.

That's correct.

You further stated
that upon entering the alley...

you saw two men fighting
in the shadows...

and that when you came close...

one man ran away, and the other slumped
and fell from a knife wound in the abdomen.

- Is that correct?
- That's right.

Can you tell me the location
of the nearest streetlamp to that alley?

Streetlamp?

No.

According to my measurements,
it's 87 feet away.

Over 30 feet
from the entrance to that alley.

Now, from that distance, that lamp
couldn't shed enough light in that alley...

for a man to see his hand
one foot in front of his face...

and yet you state
that you clearly saw Korby Kyles.

He was in the shadows,
but I know it was him.

- Even in the shadows?
- That's what I said.

Now, Mr. Barkley, would you please
tell us again everything that happened...

up to the time just before
you entered the alley?

I was walking along...

and the headlight from
the San Francisco Limited passed over me.

I heard a man yell, and I ran into the alley
to see what it was all about.

Even though it was dark, I could see
in the shadows clearly enough to know...

that it was Korby Kyles who ran...

and Colonel Ashby
who had been stabbed.

- You're sure?
- I am.

Sure enough to put a noose
around the defendant's neck?

- Yes. I got no reason to lie.
- I'm not suggesting you're lying.

Merely that you're mistaken when you state
that you clearly saw Korby Kyles running away.

I say you're dead wrong.

I intend to prove you're mistaken...

by showing you the shadows you saw
were purely imaginary.

- They weren't imaginary!
- Now, you're out of order, Mr. Barkley.

Now, if you speak out again,
I'll order you out of this courtroom.

Continue.

Can you tell me what kind of a moon
there was that night?

No, I- I don't recall
what kind of moon there was.

Very likely.

Your Honor, I hold here in my hand a newspaper,
which I'll submit later in evidence...

which clearly states
that there was no moon that night.

And if there was no moon,
there was no light.

And if there was no light,
there were no shadows.

You would have had to recognize Korby Kyles
in what virtually amounts to total darkness.

Now I submit to you
that this is what really happened-

From the sounds you heard in the alley...

it was clear to you that somebody
had stabbed Colonel Ashby and run away.

Now, you chased after that man in the total
darkness, and you stumbled on Korby Kyles.

And putting his reputation together with
what had happened in the alley...

you assumed that it was Korby
who had done the stabbing.

Now, having assumed that much,
your imagination took you one step further.

It led you to believe
that you saw more in that dark alley...

than it was humanly possible to see.

Now, I'm going to ask you one more time.

Are you absolutely sure
it was Korby Kyles you saw...

and that it could not
have been somebody else?

No.

I guess I'm not sure after all.

That will be all.

Any further questions, Mr. Greene?

None, Your Honor.

I guess they're gonna have to
let me go, right?

Your chances look pretty good.

Your Honor...

I, uh, would like to call
one more witness at this time.

Mr. Henry Bingham.

Mr. Bingham, you're a train engineer on
the northern division.

- Is that right?
- Yes, sir.

Now, where were you this month
on the night of the 15th at 11:30 p. m.?

I was just heading Number Nine
out for San Francisco.

I was a couple of minutes late.

- Did you know Colonel Ashby?
- I'd seen him up and down the line for years.

Now, Mr. Bingham, would you please
tell the court, in your own words...

exactly what you saw that night
as your train left the station?

Yes, sir. I'd just cleared the last switch
and was watching ahead.

And straight into the light of my engine
I seen these two men fighting in the alley.

Well, how long did the light
from your engine shine on the fight?

Couldn't say for certain...

but it was long enough
to see 'em both clear.

Go on, Mr. Bingham.

Tell us, uh-Who did you see?

The one that was well-dressed
I recognized right off as Colonel Ashby.

The other one I recognized
at the same time.

What was the other man wearin'?

Farmhand dress
is the best I can tell you.

Well, now, Mr. Bingham,
I can readily understand...

how you might have recognized
Colonel Ashby right off...

but, uh, how can you be
so sure of this other man?

I saw his face real clear, and I'd know
his face from any other in a second.

Oh. Well, now, why is that?

I'd seen him many times hanging around
the station when I was changin'trains.

Never knew his name,
but I'd never forget his face.

Mr. Bingham, why has it taken you so long
to come back here to testify?

When I read about Heath Barkley
catchin' him red-handed...

why, I figured it was cut and dried without
my havin'to come down here to say my piece.

Then I read about the trial goin'on,
and I sent the telegram.

Can't you make him shut up?
Can't you make him shut up?

Uh, Mr. Bingham...

about the man you saw that night
fighting with Colonel Ashby in the alley-

Is he, uh, here in the courtroom?

He is.

Would you, uh, point him out, please?

I'll k*ll him. I swear to you,
I'm gonna k*ll him!

That's him!
The man you call Korby Kyles.

He didn't do it!

What do you mean?
Uh, you couldn't have seen me.

I mean,
nobody could've seen me do it!

No! Nobody could've seen me do it!

All right.
I'd like to propose a little toast.

Here's to big brother...

who, it seems, is capable of making
one of the biggest mistakes possible.

Audra, do you know
what mistake he's talking about?

No, I don't. Maybe you know, Nick.

Beats me. Mother, do you know
what mistakeJarrod's talking about?

I haven't the faintest idea.

- Jarrod, how about dinner?
- Dinner?

Well, it's almost 10:00.
You mean you haven't eaten yet?

The family is not about to
have dinner tonight without you.