04x17 - Lightfoot

[bunniefuu]

Whoa!
Morning, Walter.

Hi, Jarrod.

The stage from Lodi
gonna be on time?

Well, it ought to be
in here any minute now.

Good.

You meetin' that
cousin of yours from up north?

No, no, I'm happy to say
dear alma doesn't visit us
till next month.

I'm gonna meet Tom Lightfoot.

-Lightfoot?
-Uh-huh.

That's an old Indian name.

We used to have
an old Modoc injun
around town years ago

answered to the name
of Lightfoot.

Yeah, that's right.
Tom's his son.

Oh.

Well, I better get ready
to fumigate that coach.

Them Modocs
is the filthiest--

Maybe they don't bother you,
but they bother me.

I'll tell you
what bothers me, Walter--
the way you think.

Ain't only me.

I like most people,
but Modocs is the filthiest--

Welcome home, Tom.

Jarrod, I'm glad to be back.
How are you?

I'm fine.
Say, you're looking great.

Thank you.
So are you.

For your mother...

I bought 'em in Lodi.
I hope she still likes roses.

You know she does.

-How is the family?
-Dyin' to see you.

And Audra?
I bet she's changed a lot
in the last ten years.

Just a bit, and I don't think
you'll be disappointed.

Say, listen, what would you say
to a drink while Walter puts
your things in the buggy?

-All right.
-Good. Come on, this way.

Murphy, another one.

Okay, okay.

Jarrod, I haven't seen you
in a co*n's age.

Where you been, out of town?

Up to Sacramento.

Murphy, you remember
Tom Lightfoot.

Tom Lightfoot?

You mean that rag-tag kid
that used to scamper around
with Nick and Audra?

TOM: One and the same.

MURPHY: Well, I 'll be...
Where you been hidin', Tom?

Back East. First prep school
and then Harvard.

-Harvard?
-Murphy, you are gazing upon
a newly graduated lawyer.

You don't say.

Well, that calls
for one on the house.

Murphy...

Aw, keep your shirts on.

Jarrod, how are things
in Sacramento?

Oh, the same as usual.

Legislature's slow
gettin' down to business.

What about
the Modoc reparations bill?

In your last letter,
you said--

Now, Tom, no business.
We'll talk about that later.

I wanna hear
all about you first.
How was your trip.

Long, and I'm glad to be back.

-Hello, boys.
-Hi, Lightfoot.

You don't remember us, do you?

Tom, these are
the Watson brothers.
That's Clem and Ben.

Yeah, your old man used to work
for our pa once, remember?

Sloppin' the hogs.

Used to take his pay out
in rotgut whiskey.

Remember how he'd get
fallin' down drunk and sleep
with the pigs and hogs?

Couldn't hardly tell 'em apart.

[laughs]

I think that'll be enough.

[sniffs]

Pick 'em up.

[chuckles]

[groans]

One at a time, Ben.

[groans]

Let him come.

That's enough, Tom.
That's enough!

♪♪ [theme]

[humming]

Well, very, very pretty.

Mm-hmm.

Well, now, all this
for the prodigal son?

Prodigal sons do not graduate
from Harvard law school.

And stop rearranging
my arrangement!

Mother, where can I find
some wrapping paper?

Oh, in the top shelf
in the linen room.

Hey, wait a minute.
Hold on.

What do we have here?

-It's a gift for Tom.
-Tom? Tom who?

-Nick...
-It looks like a scrapbook.

You're being nosy,
you know.

Oh, that Tom.

Well, now, no wonder
you spent all that money

subscribin' to
San Francisco newspapers.

[chuckles]

what's that little laugh
supposed to mean?

Oh, nothing, it's just that
I remember back when you used
to carry his books to school.

Only because I rode in the buggy
and he always ran alongside.

Well, now,
this is very impressive.

"Indian wins 100-yard dash.
Lightfoot wins broad jump.

Indian wins decathlon
for Harvard."

come on, Nick,
I have to get it wrapped!

Oops.

We're home.

Tom! Oh, Tom! Ah!

Oh! It's so good
to see you again!

It's so good to be home.

This is a little like
bringing coals to Newcastle,
but...

Oh, they're beautiful.
How very thoughtful of you.

Tom! Welcome home!
How are you?

How are you, Nick?

Go on, Audra.

Hello, Tom.

Hello, Audra.

Jarrod was right.

About what?

About me not being
disappointed in the changes.

I don't know about the rest
of you, but what about lunch?
I'm starvin'.

Which proves the theory
that nothing ever changes.

Audra, would you
show Tom to his room.

Come on.

Looks great, doesn't he?

He sure does.

What happened to you two?

That stage was supposed
to be in hours ago.

Well, we ran into
a little trouble in town--
the Watson brothers.

Oh, those two.

Yeah, but Tom managed
to take care of 'em, all right.

Good. Did you tell Tom about
the Modoc reparations bill?

No. No, time enough
for news like that after lunch.

Well, it's exactly the way
I remembered it.

It's been waiting for you.

A homecoming present.

I'm sorry I didn't
get it wrapped.

You saved all of these?

I didn't realize
there's so many.

I guess at the time
I just took enough satisfaction

out of beating
all those white boys.

It was a joke, Audra.

[chuckles]

thank you, Audra.

I can't think of anything
you could've done nicer for me.

I'm glad you like it.

NICK: Say, you're gonna
find Stockton pretty dull
after four years at Harvard.

Oh, I don't think so.

I'm sure you won't.

After all, Stockton's
grown a lot these
past few years.

Oh, it sure has--
we have four new saloons,

two new livery stables--
we're a regular boom town.

Not to mention a new school,
a new library, and a hotel.

And we're getting
all the new plays and operas
from San Francisco.

You are planning on staying
in Stockton, aren't you?

Well, that depends.

Depends on what?

Well, Jarrod...

what about the Modoc
reparations bill?

How's it comin'?

Well, what is it?

Jarrod, I think this
is as good a time as any
to tell him, don't you?

Tell me what?

Tom, the assembly judiciary
committee voted not to send
the Modoc bill to the floor.

Jarrod, in your last letter,
you said--

in my last letter,
I told you that if it
got out of committee,

both houses would pass it,
and the governor would sign it.

-But--
-Oh, if and but.

They've always got a catch,
haven't they?

The vote was close, Tom--


All we have to do is swing
two votes. We can do that.

-You can do it.
-How?

We'll go to Sacramento.

We'll button-hole
the committee men
that voted against it.

Some of 'em are bound
to be impressed with you.

Impressed with me?

Listen to me, Tom.

You're a living example
of what your people can do
if they're given a chance.

All you have to do
is see these men, talk to 'em.

You mean you wanna
take me to Sacramento

and parade me around like I was
one of Barkley's prize studs?

-Now wait a minute, Tom--
-You wait a minute!

I am not going to Sacramento and
beg Indian-hating politicians
for anything!


I'm not asking you to do that.

Well, that's what
it amounts to!

I've spent the last
ten years of my life

tryin' to prove
to the white man

what an Indian can do
if he's given the chance,

and I didn't convince anybody!

Audra, have you read
that scrapbook you gave me?

Take a look at it.

"Indian wins track meet
for Harvard.

Indian graduates c*m laude."

Like I was some sort of a freak!

What am I, a two-headed dog
or a baboon?!

Well, I don't want
any more of your chances,

and neither do my people.

All we want is the land that
the white man stole from us.

-Tom, you can get it if--
-If what?

Wait and be patient?

Maybe we can go to the white man
and say "pretty please."

Work for the Modoc bill!

It's the only way, Tom.

The only way the Modoc
is gonna get what belongs to him

is to take it the same way
the white man took it from us--

with a g*n.

Your people don't want that.

Oh, have you talked to them?

Yes.

Well, now it's my turn.

Tom, give the legislature
a chance!

It had its chance yesterday,
last week, last month--

Tom, don't make us
choose sides.

You're white.

You've already chosen.

Where do you think
you're goin'?

I'm going to drive Tom
into town.

Now, Audra--

Jarrod, please
don't argue with me.

I think I know Tom
better than any of you.

I want a chance to talk to him.

I have a feeling you're
gonna be wasting your time.

It's my time.

Audra's gonna
drive you into town.

Good-bye, Tom.

Good-bye.

AUDRA: Fort Barkley.

Remember?

I haven't seen it in ages.

Audra, it's just an old shack
some kids used to play in.

No, you're wrong.
It isn't just another old shack.

Come on.

It's not just a shack.

It's a haunted place.

Listen.

Hear them?

A little girl squealing
with excitement...

the Indian w*r whoops...

a cowboy going "bang, bang,
you're dead."

You were always
the cowboy.

Was I?

Then later on
when we got older,
we'd come here to talk,

tell each other
are most special thoughts.

Will you stop it, Audra?

Stop what?

Whatever it is
you're trying to do.

Tom, don't you
remember how it was?

When we grew up,
it was Tom and Nick
and Audra--

just people,
a happy family.

I was never part
of a family, Audra.

I was a nice, cute
little Indian boy

the nice white folks
felt sorry for and took in...

after his mother
died of smallpox

and father k*lled himself
with cheap rotgut
white man's whiskey.

Tom, what's happened to you?

I've grown up.

Are you gonna take me into town
or shall I walk the rest
of the way?

Walk? Why walk?
Why don't you run?

That's what you used to do
everywhere you went.

So why waste time walking
when you're in such a hurry
to start k*lling white men?

Tom...

Tom, I'm sorry,
but you're wrong!

Oh, you're so wrong!

It's so easy to k*ll,
and you and your people
have nothing to gain!

Well, maybe not,
but what do we got to lose?

[groans]

Oh, that jaw
still hurtin'?

Yeah, yeah, yeah.

He must've hit you
with a spittoon.

Just never mind that.
Get me some more whiskey.

Come on, come on.
Hurry up.

Oh, sure, honey.

I didn't mean nothin'.

Ben...

yeah?

The Modoc.

Just saw him walkin'
down Brazo Street.

Well, well, well...

Cal and Ben
are in the backroom.
Go get 'em.

I didn't expect him
back so soon.

You fix him good.

I tell you what, I want you
to come along with us.

[both chuckle]

Be my pleasure.

Pardon me.

Keep your
filthy hands to yourself,
you stinkin' Modoc!

What's the matter, Lil?

Well, he tried
to get fresh with me.

Now, you know you shouldn't
have done that, Lightfoot.

Sure you brought enough help?

[groans]

[groans]

[groans]

[groans]

[groans]

[groans]

[groans]

Come on, k*ll him!

[groans]

Get him! Get him! k*ll him!

Break it up! Move out of there!
Come on! Get off of him!

Break it up!
Get off of him!

Get off of him!
All right, get up!

Now, what is this all about?

Modoc, he forgot his place.

He tried to get fresh with Lil!

Yeah, I was goin' by him,
mindin' my own business.

I happened to drop my purse,
and when I stooped down
to pick it up,

that stinkin' Indian...

well, I'm too much of a lady
to tell you what he done.

Yeah, sure. All right,
I'll get your story after
Doc Merar gets a look at you.

Leave me alone!

I'm gonna k*ll you for this.

[fighting]

[screams]

All right, move on!

Move out! You can't accomplish
anything hangin' around here!

Now, come on!
Go on home!

Go on now, boys!

Come on, this isn't gonna
do you a bit of good!

What's the trouble, Fred?

Just comin' over
to see you, Jarrod.

Trouble's Tom Lightfoot.

Nick told me he had
a little run-in with
the Watsons again last night.

Well, it didn't end there.

I'm holdin' Tom for m*rder.

m*rder?

Yeah.

What happened?

Well, he got beat up
pretty bad in that fight.

He threatened
to k*ll the Watsons.

Looks like he made good on Clem.

Any witnesses?

Yeah, Ben Watson, Lil Bailey--

she works down at Murphy's.

There's two of the most
reliable people in town.
What'd they say happened?

All right, you tell me
how to dispute their story.

They claim they all rode out
to the Watson place together.

Clem drove the rig
into the barn,

Ben and Lil heard a yell,
they ran into the barn,

and saw Tom standin' over Clem,
stabbin' him with a pitchfork.

Fred, I 'd like to hear
his side of the story.

Sure. All right.

Call when you're through.

I was wondering
when you'd come.

I just heard about it.

And you jumped right over here
as soon as you heard.

You gettin' religion?

No, I didn't ask for it,
if that's what you're thinking.

It was already here.

I'm reading "Exodus,"

and Moses was quite a man.

Then your interest
is purely historical.

That's right.

What made you so sure
I'd come?

Because I'm exhibit a...

proving the generosity
of the white man in
helping the poor Indian.

You can't let them hang me.

I wouldn't be too sure of that.

[laughs]

Did you k*ll Clem Watson?

No.

You threatened to.

That's right,
and I would've k*lled him,

but somebody beat me to him.

But maybe I 'll have
more luck with his brother
when I get out of here.

Do you mean that, Tom?

Yes.

Then you better get yourself
another lawyer.

Name one.

You can't.

I know you, Jarrod.

Your conscience won't let you
deny me my constitutional
guarantee of right to counsel.

Don't push me too hard, Tom.

I'm just being honest with you.

Isn't that what you want
a client to be?

So let's get it
all straight.

For ten years,
nothing has changed.

My people are still drowning
in a cesspool of filth
and hunger and disease.

And don't tell me
about your people.

I know what they're suffering,

and I didn't come here
to listen to you make
a speech about it.

You better listen...

because when I get out of here,
Jarrod, I'm going to do
everything I can--

Does everything include
working for the Modoc
reparations bill?

Oh, it's too late for that.

You want it all right now,
don't you, Tom?

Well, it doesn't work that way.

Then my people are gonna take
an awful lot of your people
down with them when they go.

I know what you want.

You want me
to walk out of here,
don't you?

So you can say, "There,
there's a white man for you."

Well, if that's
what you're after,
you're wasting your time.

If I do walk out of here,
it won't be because of

all the white people
you say you're gonna k*ll.

And if I stay,
it'll be because you
haven't k*lled anybody yet.

Now why don't you just tell me
what happened last night.

[chuckles]

All right.

Have you really given
this thing any thought?

Do you realize what happens
if you get him off?

What happens if I don't?

If that man goes free,
he's gonna hang sooner
or later anyway,

feeling the way he does.

-Probably.
-No probably about it, Jarrod!

Still, Nick, the law
takes a rather dim view

of hanging a man
for what he says
he's going to do.

Really made up your mind,
haven't you?

Gonna go ahead
and defend him,

knowing full well
if that man gets loose,

he's gonna do everything
he can to turn every Modoc
on the warpath.

Also knowing full well that he
would like nothing better than

burning the whole town
of Stockton right
to the ground.

Yes, Nick,
even knowing that.

[sighs]

Nick...

I haven't got any choice.

Can't you understand that?

No, not this time.

You've testified that you,
your brother, and Miss Bailey

arrived at the ranch
about midnight.

-Is that right?
-That's right.

Then Clem dropped you
and Miss Bailey off at the house
and drove on to the barn.

He drove right inside.

-Did you see him do that?
-Yes.

Could you see him
after he went into the barn?

Well, no, but Lil and I
heard him yell out
when the Modoc jumped him.

-From the hay loft?
-Yeah.

Mr. Watson, if you couldn't
see him after he drove
into the barn,

how do you know
he was jumped from the hay loft
or any other place?

Well, uh, Clem told me.

Clem told you?
When did he do that?

When I ran inside
to help him.

And what was the defendant
doing while you got
this information?

Just standing there patiently
while you two had a little talk?

Well?

No, Clem yelled at me
while we were fightin'
the injun!

Wasn't that farsighted of him.

Almost as if he knew
he was going to be k*lled
by the defendant

and you'd be here
testifying against him.

Now, Mr. Watson,
you further stated
that you tried to come

to your brother's assistance
by drawing your g*n,

but the defendant
knocked it out of your hand.

-Yes.
-And you couldn't get it back.

-Yes.
-Then you ran out of the barn.

I told you I had to go
into the house to get a r*fle.

Leaving your brother alone
with the man who'd sworn

to k*ll you both
not four hours earlier?

I had to do something!

You could've stayed there
and fought.

Well, I didn't think!

You didn't think.

May I suggest that
you think now, Ben.

Think about telling the truth.

Objection.

Sustained.

I'm through with him,
Your Honor.

That's it.

That's all of it.

It happened just that way.

Can I go now?

I thank you,
Miss Bailey.

Unless Mr. Barkley
has some questions.

A few.

Now, Miss Bailey, where did you
and the Watson brothers go

following the altercation
in the street?

To Murphy's Saloon
for a drink.

A drink.

Isn't it a fact that
the three of you

sat there for several hours
drinking heavily?

No!

And that when you arrived
at the Watson ranch,

you were completely intoxicated?

That ain't true!

Your Honor, I'm prepared
to introduce at least
a dozen witnesses

who will testify
that Miss Bailey
and the Watson brothers

were drunk to the point
of staggering when they
left Charlie's saloon

not a half-hour before
the victim was k*lled.

And I'm one of 'em!

Mr. Barkley, unless you
can restrain yourself,

I shall have to ask you
to leave this courtroom.

Uh, I'm sorry.

I said I'm sorry.

As I was saying, Your Honor,

I'm prepared to produce
these witnesses,

but I was hoping
to spare the court
such a tedious parade.

What is the relevancy
of your line of questioning,
Mr. Barkley?

Just this, Your Honor.

We've heard Miss Bailey
testify that the moment
they heard Clem Watson yell out,

they ran into the barn.

Well?

And she further testified
that when they arrived,

she saw the victim
lying on the floor
with blood on his shirt

and the defendant
standing over him with
a pitchfork in his hands.

But not a moment ago,
we heard Ben Watson testify
that when they got to the barn,

the defendant
was still on his feet
fighting with the victim.

Now I suggest that either
one of these witnesses
or both are lying.

I object.

Or that they were so drunk

they have no idea
what happened in that barn.

Therefore their testimony's
incompetent in this court.

Oh, Your Honor, I object!

Sustained.

Your Honor, I have
no further questions
of this witness.

Mr. McCann?

The State rests.

Is the defense ready
to proceed immediately?

I am, Your Honor.

I have only
one witness to call--

Mr. Tom Lightfoot.

I have one final question,
Mr. Lightfoot.

Where were you about midnight
on the night Clem Watson
was k*lled?

I was at the old Indian cemetery
just south of town.

I walked out there
to visit my father.

And at no time were you
anywhere near the Watson ranch?

No.

Your witness, Mr. McCann.

Thank you.

-Well, Tom, you deny
the m*rder of Clem Watson.
-Yes.

-Well, you don't deny that
you threatened to k*ll him.
-No.

-And Ben Watson, too.
-Yes.

Well, a lot of men make threats
they don't really mean.

But what about you, Tom?

Did you mean it when you
told Clem and Ben Watson
you were gonna k*ll 'em?

Objection.

Over-ruled.

Answer the question.

-I...
-Yes?

Well, did you mean it?
Answer yes or no.

-Object.
-Sustained.

You may answer in your own way.

Yes!

Yes, I meant it
when I said I'd k*ll them!

And the only reason I didn't
is because I didn't
have the chance.

I see. Would it be
fair then to assume

that if the jury frees you,

you would immediately carry out
your threat against Ben Watson?

Objection.

The witness
has already admitted

he would've k*lled Clem Watson
if he'd had the opportunity.

Before they bring in a verdict,

I think this jury
has a right to know

what Tom Lightfoot intends
to do if he's acquitted!

Your Honor, this court
is concerned with facts,
not intentions!

Does he intend
to m*rder Ben Watson?!

Your Honor!

Mr. McCann!

And will it stop there?!

Or does he intend to go on
murdering white men?!

Yes!

If I ever get the chance,
I will k*ll him!

Tom!

And then my people and I
will start in on the rest
of you!

Tom, sit down!

It is going to be you or us!

That's the way you've wanted it

and that's the way
it's going to be.

And I'm gonna warn you right now
if it isn't us,

then you people are gonna
go through hell before it's you.

Now you go right ahead
and hang me,

'cause it won't change a thing!

Get me out of here!

And you know perfectly well
that I had the basis
of a mistrial

before you were stampeded into
making that little speech yours.

A mistrial.

What good would it have done?

Listen, you made fools
out of Ben Watson and Lil Bailey
and the jury just sat there.

They didn't bat an eye,
not a flicker, just 12
little hangmen all in a row.

You think any other jury
would be different?

Here's your supper.

I don't want it.

Suit yourself.

Fred...

I'll see you in court
in the morning.

Jarrod, why don't you
just give up?

I'm not sure, but I think
it's because that's what
you want me to do.

That's a pretty good way
to get your leg broken.

You still gonna
defend that Modoc?

That's right.

After what
he said in court?

Get that leg down.

It's gonna take
a lot of fancy tricks
to get that injun off.

You do, and you're gonna have
to find another town to live in.

Giddy up.

Glass of sherry, Jarrod?

No, thank you.

I think you'd better have one.

Then I can justify this
as a social call.

Otherwise, I think
it would be improper for us

to discuss a change of venue
outside the courtroom.

That is why you're here,
isn't it?

Yes, it is.

Wasn't hard to guess.

If our positions were reversed,

I'd probably be doing
the same thing.

Tell me honestly, Jarrod,

do you think Tom Lightfoot
could get a fair trial

in any other county
in this state?

All I know is
he isn't getting one here.

Well, does he really want one?

I thought he did until
his outburst in court today.

Well, Andrew, I can't really say
what's going on inside of him.

I suppose one would have to be
an Indian to really know.

But whether or not
he wants a fair trial
isn't the question.

That's irrelevant.

It's our job
to see that he gets one.

You do realize, don't you,
that what he said in court today
will be publicized everywhere?

Tom Lightfoot
is a minor celebrity.

I assure you, Jarrod,

there is nowhere
you can take this case

where the emotional climate
will be any different.

I think that remains to be seen.

Jarrod, you want
to see justice done,
and so do I,

but it will have to be dispensed
right here in Stockton.

Are you turning
my request down?

You give me no real legal
grounds to accommodate you.

As you say,
this is no court.

Tomorrow morning
when court does convene,

I'm gonna make my request again.

I want the record to show
that you turned my plea down.

-Jarrod--
-Good night.

Hello, Murphy.

Hi, Jarrod.

I hear you had quite a day.
Want a double?

You bet I do, but I 'll take
a light one instead.

I've still got
a lot of work to do.

Sorry, Jarrod.

Looks like I might have
to get used to that, Murphy.

My treat, Jarrod.

Well, thank you,
Arthur.

I wish you'd be
this generous in court.

I'd like to,
but it wouldn't be
fair to the taxpayers.

[chuckles]

Wouldn't be doing you
any favor, either.

Well, I don't know
about that.

I do.

The best thing that could happen
is for you to lose this case.

No, I amend that.

The best thing that could happen
is for you to walk off this case
right now.

I'm afraid that's
not possible, Arthur.

Jarrod, I hate to lose a case.

Defeat keeps me awake nights,
turns my food and liquor
into ashes.

But I don't think
I'll get much pleasure
out of winning this one

at the price of the destruction
of a fine young lawyer like you.

Now, don't you worry about me,
I'll survive.

Will you?

What'll happen to you
if Tom Lightfoot 's acquitted?

Jarod, what'll happen
if he carries out his threat?

Well, I sure wouldn't expect
to win an popularity contests.

Jarrod--

Arthur...

I ran across something
I'd almost forgotten about.

Do you remember
the Boston m*ssacre?

Lawyer who defended the English,
he saw all the judges quit,

saw his family
threatened by the mob
that took over the city,

but he didn't back off.

Remember who he was?

Mm-hmm, John Adams.

Of course, I don't expect
to become president,

but I do expect
to get your congratulations.

I think I 'll let you
buy me a drink now.

-Jarrod!
-What happened, Nick?

I thought you
were on your way home
with mother and Audra.

That was the general idea.
We got as far as
Cutter's Bridge.

Well, did the buggy break down?

No, the good will
of our neighbors broke down.

They were on the bridge waitin'
for us, waitin' to stone us,

and they did,
and spooked the horses.

They what?

They stoned us!

Was anybody hurt?

No, but it was pure luck.

You know something, Jarrod,
I think this is just
the beginning.

Where are mother and Audra now?

Over at your office.

Jarrod, take some
deputies with you,
see that you get home.

[groans]

Tom!

What've you done to yourself?!

[groans]

I think he headed
straight for the reservation.

Anyway, that's where I'm takin'
the posse first thing.

I thought you two might
wanna ride along with us.

He'd be crazy to do that.
He'd know that'd be the
first place we'd look, Fred.

Maybe, but the Modoc
are his people.

Who else would
give him protection?

Now, I need men,
all the men I can get--

men who know him,
know his habits.

Now, how 'bout it?
You gonna ride with us?

I'm sorry, Fred.

Nick?

Yeah.

Remember, Jarrod, you told him
not to make us choose sides.

He wouldn't listen.

Come on, Fred.
Let's go.

They'll sh**t him
on sight, won't they?

Not necessarily.

After what he said
in court today,

they'll never take him alive.

There's still a couple
of things I can try.

I'm gonna go into town.

Jarrod, do you think
Tom will be there?

No, I agree with Nick.

It doesn't matter whether
he's in Stockton or not.

I wanna talk to Ben Watson
and Lil Bailey.

I'll be back as soon as I can.

Well, looks like
it's gonna be a long night.

I'll make some coffee.

Ben said he wasn't gonna
stay around this town no more,

not with that
crazy Modoc on the loose
and gunnin' for him.

So he took the 9:10
to Sacramento.

Thanks, Murphy.

[gasps]

I was just comin'
to see you, Lil.

Well, I gotta find Ben.

You're a little late.

You mean the Modoc--

Oh, no, no,
Ben's left town.

Left town?!

That's right,
took the 9:10 to Sacramento.

You're lyin'!

Why don't you go ask Murphy?

Oh, Ben wouldn't do that.

He wouldn't leave me here
to face--

[gasps]

Face who, Lil? Tom Lightfoot?

Now, you don't have any reason
to be afraid of you, do you?

It was Ben and Clem
he threatened to k*ll.

Of course, that was before,
wasn't it?

Before you lied
about him in court!

I didn't lie!
I told exactly what happened!

Oh, yes, you lied!
Tom didn't k*ll Clem
and you know it!

Listen, you leave me alone!

All right, Lil,
I'll leave you alone.

Of course, you'll probably
be dead by morning.

I don't see why I should have
any sympathy for you.

Tom Lightfoot is after you.
He could be anywhere,
couldn't he?

Now you think about that.

Maybe he's watching us
right now, or maybe he's over
in your room waiting for you.

I'll get the sheriff.
I'll get protection.

The best protection
you've got is the truth!
Can't you see that?!

You're safe
only if he's safe!

But I can't help him!

Tell me what happened
in that barn, Lil!

You made one mistake,
now don't make another!
Tell me!

Ben k*lled Clem.

He didn't mean to.
He was drunk.

Ben and Clem
got in a fight.

What about?
What about?!

Me.

But it was Ben's idea
to say it was the Modoc.

I didn't want to.
Honest.

I told him. I said,
"Ben, even if he is only
a stinkin' Indian"--

All right,
you're comin' with me.

You're gonna spend
the night at the ranch.

I'll get my clothes.

Oh, no, Lil,
there isn't time for that.

I've gotta get to that posse
before they get to Tom.

What's the matter, Nick?

I don't know.
I've been thinkin'.

I don't believe he'd head
for the Modoc reservation.

Well, we gotta
start somewhere.

Well, I think
I know a better start.

Of course, it'll make us
take a 20-minute detour.

Well, all right,
lead on.

All right, let's go.

I'm alone.

[sighs]

These are my father's clothes.

I saved 'em.

I guess I always knew
it'd come to this.

Your hand!
Let me see it!

It's all right.

Let me see it.

Did Jarrod send you?

Nobody sent me.

I thought you'd be here,
so I came.

Ask me to give myself up?

Yes, before it's too late.

Too late for what?
Too become a white man?

To stay alive!

I'm alive now
for the first time.

You're a wanted man.
Sooner or later,
they'll catch you.

Maybe, but they're not gonna
k*ll me at the end of a rope.

Audra, the white man
that gets me is gonna
have to work for it.

What about the white men
that want you to live?

Men like Jarrod?

He worked so hard for you

and the trial
wasn't even over yet!

It was over before it started.

He would've appealed!

Oh, then maybe I can spend
the rest of my life in prison

instead of being k*lled
on the gallows.

Well, no, thank you, Audra.

And I'm through beggin'
the white man for anything!

Now go on home, Audra.

Where will you go?

Look, I can't tell you that,

but you'll be
hearing about me,

although I doubt
if it's anything you'll
wanna put in your scrapbook.

Good-bye.

Tom! Tom Lightfoot!

This is Sheriff Madden!

If you're in there,
come out with your hands up!

You said you came alone!

Tom! This is Nick Barkley!
Now we got you surrounded!

You haven't got a chance!
Give yourself up!

Nick, he's askin' for it.

Stop it! Stop it!
Stop it, Tom! Stop it, please!

Get down!
You're gonna get k*lled!

Stop it! Stop it!

[g*nsh*t]

Hey, that was Audra!

Tom! Tom!

Audra, are you all right?

He's alive.

I hope he gets
a good look at his blood...

sees that
it's the same color as ours.

Audra!

Audra!

Shh! [whispering]
You'll wake him up!

Oh, I'm awake.

There, you see?
Your whispering woke him up.

Tom, I 've got
something for you.

Is it about
the Modoc bill?

The senate passed it
and sent it on to the governor
for his signature.

Oh, that's wonderful!

Why don't you read
the rest of it to her?

"Please advise if your friend
Thomas Lightfoot

"would be interested
in accepting position

"as legal counsel
on Indian affairs board

"established under terms
of Modoc reparations law.

"I'm making this inquiry
at request of governor,

"who will make appointment
immediately

"upon receiving
affirmative reply.

Andrew Young,
President Pro Tem,
California State Senate."

Well, Tom, what do you want me
to tell the senator?

Oh, Tom, please say yes.

Please.

It's only a step, Tom--
a small step--

but if this law is gonna work,
it has to be administered by men
who want it to work,

men who wanna go on from here
to better laws for your people.

What promises do I have to make,
if I accept this position?

The only ones you have to make
are the ones you wanna make--

to yourself and your people.

All right, I 'll try it.

I'll get a telegram
off to the senator right away.

You Barkleys,
you never give up, do you?

♪♪ [theme]