04x26 - Point and Counterpoint

[bunniefuu]

You're, uh,
Ned Stokely 's son?

Yeah.

All the way
from St. Louis, huh?

That's right.

No, down on the end.

No.

What's wrong with him?

Nothin' I could cure.

A couple months back,
he got word about his wife,

your ma, dyin'.

He just quit
wantin' to live.

Happens in a place like this.

Pa.

Pa.

Pa, it's me--
Ritch.

Right here, Pa.

Ritchie.

I knowed you'd come.

Grown man now, ain't ya?

That's right, Pa.

Billy...

where's Billy?

Up to Denver.

I sent for him...

just as soon as I found out
you was ailin'.

You just hold on now.

No.

No time.

Twenty years
they've had me in here...

away from you,
Billy, your mother.

She'd be alive today
if I hadn't been put in here.

Don't, Pa.
Don't. Don't.

You-- You listen to me.

Them two...

the two that said
I did the killin'...

it was their word
against mine.

I know, Pa.

They's the K*llers.

Don't. Easy.

Stockton...
over in Stockton...

the banker man
and the other one...

the woman.

Victoria Barkley.

You-- You promise me

you'll make them pay
for what they done.

Promise me!

I-- I promise.

[coughs]

I-- I promise.

[coughs]

Pa?

Pa?

[theme music]

Evenin', Mr. Jarrod.

Good evening, Silas.

Jarrod, you're late.

And starved.

We'll have dinner
whenever it's ready.

Yes, Mrs. Barkley.

Well, how are things in town?

Oh, very dull
and uninteresting.

Maybe we should all move
to San Francisco.

-Oh?
-From your daughter.

You have time for a sherry
if you'd like.

Oh, good.

"Staying until
the end of the month.

Too many things to do.
Love, Audra."

well, now isn't that newsy
and full of information.

But San Francisco
is a difficult place to leave.

Ah.

Who's winning?

Lady luck, which happens
to be on Nick's side.

Oh? Well, I just may
make plans to change that
right after dinner.

And I may just
give you the chance.

Well, Jarrod, it seems
you have plans to change
a lot of things.

Uh, what's that?

"Otis Clark
of the Stockton Bank

"chairs committee to nominate
Jarrod Barkley

for attorney general."

Now, where did they get
that terrible picture?

I gave it to 'em. After all,
as your campaign manager--

co-campaign manager.

Co-campaign manager.

So things in town are dull
and uninteresting, hmm?

Well, now there's nothing
really to get excited about yet.

Are you pleased?

Of course I am.

But why didn't you tell me?

Well, he didn't know about it
until today.

That is,
that is was definite.

Now wait a minute,
wait a minute.

I haven't accepted
anything yet.

But you will, of course.

Dinner is served, Mrs. Barkley.

Thank you.

I refuse to make
any major decisions
on an empty stomach.

Shall we?

Oh, listen to that.
Typical politician.

No definite answers,
keep 'em in suspense,
hold up the interest.

Well, you just better accept,
my boy.

Evenin', Fred.

Evenin', Otis.
Closin' up?

Oh, in a minute.
I got some things
to put away first.

You going to that
committee meeting tonight?

Yeah, after I finish makin'
my rounds and have my supper.

Why don't you come over
to the hotel?

We'll have supper
and go together.

In about ten minutes?

Fine, ten minutes it is.

Open it up
and don't make a sound.

-What're you--
-Move!

Well, now...

Mr. Otis Clark.

You know me?

Uh-huh.

Indeed I do.

Nice bank you got here.

Mm-hmm.

Must've kept you nice
and comfortable for a long time.

Who are you?
What do you want?

Take a good look.

Maybe I'll remind you
of somebody.

I never saw you before.

I don't know what
you're talkin' about.

You wouldn't care
even if you did.

Look, if it's money you want--

well, now...

if you've got some
you don't want...

I might as well take it...

before.

Before what?

Where's the money?!

Figured it out yet?

'Bout who I remind you of?

I told you, I don't know
what you're talkin' about.

Get up!

Think.

What about state prison?

State?

My name's Stokely...

Ritch Stokely.

Stokely?

State prison?

Stokely.

Yeah.

Now you remember.

That's good...

'cause you're gonna die
thinkin' about it.

[g*nsh*t]

Stop!

[groans]

[groaning]

Otis?

[panting]

Otis?

[groaning]

Otis? Otis!

Stoke...

Huh?

Stokely.

Ritch...
Ritch Stokely.

[groans]

-Fred?
-Yeah?


Find out anything?

Yeah, it was new money,
brand-new.

The serial numbers
check with the list
the treasury department sent me.

That's a lucky break.

Yeah, I'm gonna telegraph this
list to every law enforcement
office in the state.

Let's hope he starts
spending it soon.

Yeah, I guess Otis' wife
does to.

By the way,
she's inside waitin'.

She said
she'd been lookin' for you.

How's she takin' it?

Oh, about as well
as can be expected.

Considerin'.

Sarah?

Jarrod.

I was by
your office earlier.

Well, I'm sorry, Sarah.
I spent most of the morning
at the courthouse.

You'll go there again,
won't you?

I mean, when that...

I mean, when that man
who k*lled Otis is caught
and brought to trial.

Sarah, you realize that I'm
not the prosecuting attorney?

Otis always had such respect
for you, Jarrod.

He watched
your career so closely,
and we was so proud of you.

I've heard him say,
"You wait, Sarah,

you wait until Jarrod 's
the attorney general."

"He'll do right.

He'll be good for everybody."

You will do right for Otis,
won't you, Jarrod?

Sarah, whether or not
I'm the attorney general
doesn't really matter.

The only thing that does matter
is that justice be done.

I'll see to that.
Don't you worry.

I believe you, Jarrod.

I leave it in your hands.

Listen, I'm gonna
meet Nick in a few minutes.

Why don't you come with me?
Come on out to the ranch
and visit for a few days.

No. No, thank you.

I'm all right now.

Yes?

Uh, afternoon.

How do you do?

Is Mr. Barkley here?

Which one of the Barkleys?

The lawyer. Jarrod.

No, he isn't,
but he's expected.
Mr. Heath is here.

How about Mrs. Barkley?

She's out visiting.

Well...

I'll just wait.

NICK: Where is everybody?

In here.

Jarrod, Nick,
meet Ritch Stokely.

Howdy. It's a pleasure.

A real pleasure.

You're Ritch Stokely?

Yes, sir. I sure am.

-How'd he get in here?
-Knocked on the door.

Just like that, huh?

Just like that.

You realize
you're wanted for m*rder?

Yes, sir. I sure do.

That's why I came here.

I wanted to see you.

I figure I'm gonna
need a lawyer...

a good one...

and I hear you're the best.

Listen to him, Jarrod.
He's got quite a story to tell.

All right, start talkin'.

Well, it's about
all them wanted posters

sayin' that I k*lled
that Stockton banker man.

-Didn't you?
-Mister, I couldn't have.

I wasn't anywhere near Stockton
when it happened.

Stokely, people saw you--
the sheriff, for one.

And the dead man identified you
by name before he died.

That's what I can't figure out!
It had to be somebody else!

I was over to Jackson,
workin' there.

You ask 'em.
They'll tell ya!

Who will tell us?

A fella I was workin' for
over there.

Rancher by the name of bickers.
Jason bickers.

And some of the other
ranch hands I was workin' with.

Are you sure about that?

Ain't no reason not to be.

Look, I figure maybe it was

somebody who had it in for me.

You know?

Used my name.

Well, I-- I don't know.

But when I saw
all them wanted posters--

$5,000 dead or alive--

[exhales deeply]

I hightailed it over here
as fast as I could to see you

because I was afraid somebody
was gonna put a b*llet in me.

How do we know
he's tellin' the truth?

But I am!

You gotta believe me!

We don't gotta believe anything.

If you're innocent,
that has to be proved.

You can do that
just on what I told you.

That remains to be seen.

In the meantime,
I think I'd like to have

the Stockton sheriff
take a good look at you.

Sheriff?

[chuckles]

oh, boy.

He'll throw me in jail,
won't he?

Probably.

Well, is that what
you want me to do?

Right at the moment,
Stokely, I don't see
that you have any choice.

The man I got locked up
in that cell

is the same man who came
runnin' out of the bank.

I don't care
if he's got 100 witnesses!

Fred, you're absolutely sure?

Good lord, man,
he took a shot at me!

Of course I'm sure!
I'd swear to it!

Well, when we get to court,
I'm afraid you'll have to.

I'm not the least bit surprised
Fred doesn't understand you.
Who does?

Nick, the man couldn't have been
in two places at the same time.

I don't deny that.

A jury will decide.

But why do you
have to defend him?

There are other lawyers,
you know.

Because I believe
there's a reasonable doubt.

Well, you're gonna go
a long, long way to prove that.

I'll tell you one thing
there's no doubt about--

you're playin' with
political dynamite.

It doesn't have anything
to do with politics.

You are running
for attorney general.

I'm not running yet.
As a matter of fact,
I haven't even been nominated.

You go on defending Stokely,
and chances are you won't be.

Jarrod, Otis Clark was
a well-known, well-liked man
in this town.

I know that.

And public sentiment is not
exactly on the side of Stokely!

Nick, a m*rder trial
doesn't have anything to do
with sentiment.

Only facts do.

I think there are a few facts
you've overlooked!

-Such as?
-Reality!

A man wanting
a high political position

does not expose himself
to the possibility of being

ridiculed by the public--
the voting public!

Nick, are you really suggesting
that I should overlook the fact
that a man's life is at stake

for some kind
of political imagery?

Wait a minute, Jerrod.

All I'm trying to do
is point out the plain,
simple facts.

A man in your position
should drop this case.

-I can't.
-Why not?!

Because I'm the first lawyer
he came to.

Nick, if he'd gone to a lawyer
who was running for the
presidency of the united states,

that man would have
the same responsibility.

And if that man
didn't take the case,
I wouldn't vote for him.

Oh...

all right, we can proceed.

Now, Sheriff...

on the night
Otis Clark was m*rder*d
and the Stockton bank robbed,

you were in the hotel
at that time.

-Is that correct?
-That's correct.

Tell the court what happened.

Well, I was waiting
for Otis-- Mr. Clark.

We were gonna have dinner
together before the meeting.

I heard what sounded
like a shot from way off.

I ran outside and saw this fella
runnin' from the bank.

I yelled at him to stop.
He took a shot at me.

Creased me right here.

When I got my senses back,
he was gone.

So I ran over to the bank,
found Mr. Clark on the floor.

He had been shot.
He died a few seconds later.

Did he say anything to you
before he died?

He did.

He said, "Stokely.
Ritch Stokely."

Now, Sheriff, the man
you saw run out of the bank,

the man who also
took a shot at you,

-is he in this courtroom?
-He is.

Will you point him out to us
and give us his name, please?

That's him.

Ritch Stokely.

[spectators murmur]

now, Sheriff, have you
ever seen the defendant
Ritch Stokely before?

No.

And yet you feel that you got
a good enough look at him

the night you say he ran out
of the Stockton bank

to put out this wanted poster
on him and to identify him
here in this court.

-Is that correct?
-Yes, I told you that before,
Jarrod.

Sheriff,
is there any possibility
that you could be wrong?

-No.
-I see.

Sheriff, how would you describe
a man of medium height?

Well, 5'9" to 5'10".

Uh-huh.

What about 5'11"?

-There's little difference.
-Granted.

What about six feet?

Well, that I'd have
to call tall.

You would?

What are you driving at, Jarrod?

Would you please stand up,
Mr. Stokely?

Now, Sheriff, in your testimony,
you describe the man you saw
that night

as being of medium height.

Isn't that correct?

Yes.

How tall are you, Mr. Stokely?

A little over 6'1".

[spectators murmur]

Now, Sheriff...

I have here in my hand a copy
of the voter registration list

from the last general election
in the city of San Francisco.

A city of considerable size,
wouldn't you say?

Yes.

Well, let's look here
under "S."

or to be more exact,
under "S-T-O."

What do you see?

Stokely.

How many?

Oh, about 20.

Including a Richard F. Stokely
and a Richard S. Stokely.

-Isn't that correct?
-Yes.

Not that either
of these gentlemen
could be the defendant,

but isn't it true, Sheriff,
that men named Richard

are often referred
to as "Ritch"?

I suppose.

Well, if we have
two Ritch Stokelys

right up in the city
of San Francisco,

how many Ritch Stokelys
do you think we have
in the state of California?

Or in the entire country
for that matter?

Now, Sheriff,
isn't it entirely possible
as my client testified earlier

that it could have been someone
using his name for what purpose
we do not know,

or that it was another
Ritch Stokely altogether?

That's him!

That's the man
who k*lled Otis Clark!
I saw him!

Mr. Bickers, you're a rancher
in Jackson, California.

Is that correct?

I run about 5,000 head.

And aren't you also on the board
of directors of the cattlemen's
bank in Jackson?

I am.

And as such,
did you have occasion

to do business
with the bank of Stockton?

In particular,
Otis Clark?

Many times.

Otis and I were good friends.

Where were you on the night
Mr. Clark was k*lled?

I was in night camp.

We were out after some strays.

Then I take it you had
ranch hands with you?

Oh, yes.

Mr. Bickers...

is any one of the men
who was with you that night

in this courtroom right now?

Yes, young fella
who signed on a few days before.

That's him there.

Ritch Stokely.

See you...

and I'll raise you ten.

Well, if it ain't Harry Banner.

What are you doin'
in these parts?

Oh, lookin' at some breed stock
down the valley a ways.

How you been, Charlie?

Fine, fine.

How are things
up in Stockton these days?

Just like they are here,
I guess.

Least when I left.

Uh, give us a whiskey.

Sure thing.

Sweetheart...

how 'bout bringin'
another bottle?

That's what I'm here for.

You're called, mister.

Gonna play poker or drink?

Buddy...

I can do both.

That's for the bottle...

and that's for you.

You just stick around
till I get through playin' here.

I'm not going anywhere.

[inaudible whisper]

Sheriff! Wait a minute!

[no audio]

And further, gentlemen,
I wish to inform you

that should the evidence
point equally to the guilt
and innocence of the defendant,

it is your sworn duty to take
that view of the evidence
that points to his innocence.

The law clearly prescribes,
gentlemen,

that where there
is a reasonable doubt,

and I wish to repeat that--
a reasonable doubt,

the defendant must be acquitted.

And I feel that you gentlemen
agree with me

that we have far more
than a reasonable doubt
existing here today.

Thank you.

Will the defendant please rise?

Have you reached a verdict?

We have, your honor.

We find the defendant
Ritch Stokely...

not guilty.

Thanks.

No! He did it!

He k*lled my husband!

You lied!

You said justice
would be done!

You're letting that k*ller go!

He promised me.

Your son promised me!

What kind of a man are you?!

-Liar!
-Sarah, please.

You call this justice?!

My husband is dead at his hands!

And your son
is setting him free!

My husband is dead.

Do you hear me?

My husband is dead.

He's dead!

[crying]
He's dead!

And here's a release
for your horse and gear
down at the the livery stable.

Thank you, Sheriff.

Wire for you.

Sheriff Dolan, Modesto.

I reckon you better read it.

All right, thanks, Burt.

Well, listen to this, Jarrod.

"Arriving afternoon stage
with suspect answering
to name of Stokely.

"apprehended
in possession of bills

"matching serial numbers
from Stockton bank robbery.

Request you identify."

Let me see that, Fred.

Stokely, it appears
I owe you an apology.

I don't see why.

You did what you
believed to be right.

Same as Mr. Barkley here.

Now...

I guess that'll clear up
a lot of things.

Yes, I guess it will.

Why don't you
stick around a while

and get a look at this fella
who caused you all this trouble?

No.

No, I ought to be movin' on.

I still got my job
up to Jackson.

There's a lot of work
waitin' for me there.

Well, that goes for me, too.

We got about 500 head of cattle
that are a week overdue
for round-up.

Nick and the boys
are goin' out to get 'em,
and I think I'll just go along.

You?

Why not? A little fresh air,
chuck wagon food...

it'll be just like a vacation.

[chuckles]
I guess it would.

With your campaign comin' up,

you might not get
another chance for a while.

That's exactly what
I was thinkin' of.

I guess you both
better get goin'.

Well, sorry,
Stokely.

Forget it.

Thanks, Mr. Barkley.

Good luck, Ritch.

I guess I'll see you
in about a week.

I always figured you'd make
a fine attorney general, Jarrod.

Now I'm sure of it.

Just put all that in the form
of a vote, will ya, Fred?

[chuckles]
yeah.

I think this is a cause
for a little celebration,
wouldn't you say, heath?

I reckon so.

Well, for a little while there,
I thought there was some doubt.

But a shadow of a doubt.
You said so yourself.

Which has now been removed.

I think that's enough
joking about it.
Let's forget it.

Forget it?
On the contrary.

I'm here to remind one and all
that Jarrod did hold on
to his convictions

and in the face
of determined opposition.

And I might add, from some
members of his own family.

Now...

what kind of a man
would do that?

What kind of a man
is standing before you now?

A man who should be occupying
the office of attorney general.

Hear! Hear!

[chuckles]

speaking of occupying,
we have a couple of saddles
waitin' for us.

Oh, are you coming with us,
brother Jarrod?

You bet I am, but I just
wanna close out the file
on the Stokely case first.

So I'll meet you
in the morning.

We'll be in the north pasture
in case you need anything.

Oh, by the way,
while you're not doing anything,

you might give some thought
to that speech you're gonna make

in front of
the nominating committee.

That's in two weeks.

It's an acceptance speech.

I'm very proud of you.

Thank you, mother.

How much further
we gotta ride?

Couple more hours.

[chuckles]

sure a waste of time.

You've said that.

I know, and I'll say it again.

I didn't rob no bank,
and I didn't k*ll no banker.

I was over to Jackson
when all that happened,

workin' the ranch over there.

Then how'd you get that money?

Oh.

That's just a coincidence...

like everything else.

Money changes hands, you know.

[laughs]

I could've gotten it anyplace.

Well, that finishes
the Stokely case.

Now for a few beautiful days
of chasing a bunch
of hardheaded steer.

It's going to be
very good for you.

[knock at door]

I'll get it.

Thank goodness you're here.

I was afraid you'd be
out on the range.

-What's the matter, Fred?
-Harry Banner.

He was in Modesto yesterday
when Sheriff Dolan arrested
that suspect he's bringin' in.

What about it?

He says if you stood him up
beside Ritch Stokely,

you'd swear they were twins.

What?

He saw them both
in less than 24 hours,

and he thought
we was seein' double.

And the other man's name
is also Stokely?

That's right.

You mean it's possible
that I freed a guilty man
this morning.

Well, that's what
I was figurin'.

Of course. Why not?

One here in Stockton,
the other in Modesto.

While one commits a crime here,
the other covers for him
someplace else.

Well, I'll know for sure
when that stage gets here.

Oh, who could've figured
there'd be two of them?

Of course,
we don't know for sure.

It could be coincidental--
two people with the same name.

Don't go yet, Fred.

Fred, I think we could
both use a brandy.

Right.

You want another, Fred?

No, thanks.

If you wanna take
a swing at me, go ahead.

No, not now.

This morning, maybe,
when you had me on
that witness stand.

Sorry, Fred. I'm afraid
I was a little rough on you.

Oh, it wasn't as bad
as all that.

The only thing
that really got me

was to be told
that I didn't see
what I really had seen.

Kinda shook my confidence
in myself.

It's done a pretty good job
on my confidence, too.

I thought his story
was air tight.

Now, wait a minute.
You just did what you had to do.

Maybe Harry Banner is wrong.

No.

No, Harry Banner
wasn't wrong.

When I heard Fred say
that Ritch Stokely
might be a twin,

it brought something to mind
that happened a long time ago.

It happened right here
in Stockton.

I'd forgotten all about it
until Fred said what he did.

What are you getting at,
Victoria?

Well, 20 years ago,
I was a witness
at a m*rder trial.

These are the records.

There was a man,
his name was Stokely,

and he was part of a g*ng
that tried to rob
the old miner's bank.

There was a k*lling.
I saw it.

So did Otis.

Otis?

Otis Clark.

He worked at the bank
at that time.

It was our testimony
that convicted the man.

When they took him
from the courtroom,

he screamed, he swore
that if he ever got out,

he'd k*ll us both.

Well, they had given him life.

So his threat
didn't really worry me.

But I never considered his
children as part of that threat.

His children?

Two boys...

both born on the same day.

Well, I gotta meet that stage.

I take it you'll be around?

Yeah, I'll be around.

I'll be back when
I find out something.

[sighs] Well, I guess
there's nothing to do but wait.

What time does
the Modesto stage get in?

Late... about sundown.

[yawns]

I ain't gonna tell you again
to keep your hands quiet!

Anything you say, Sheriff.

-You all right, Charlie?
-Yeah, I'm all right.

Hey, driver!

And you in the coach!

Throw your g*ns out!

[chuckles] Oh, boy.
You better do what he says.

Listen to me.
I'm a sheriff from Modesto--
Sheriff Dolan.

I've got a prisoner here.
There are no passengers,
nothin' of value on this coach.

He tellin' the truth, Billy?

He sure is, Ritch!

What is this?

Just him and me in here!

Hand your g*n
over to my brother!

Brother?

That's right!

Now, you gonna do like he says
or you gonna let that driver
up there get k*lled?

I got it, Ritch!
Come on out!

Now get me out of these!

Twin brothers.

That's right.

Now get out of here!

[g*nsh*t]

what'd you do that for?!

You were supposed
to keep out of sight
till you heard from me!

How come you went
spendin' that money?

All I wanted
was a couple of drinks!

A little fun.

I got tired of waitin'.

You got tired of waitin'!

How long did Pa have to wait?

Come on.

Let's finish what we gotta do
and clear out of this country.

Jarrod, Fred won't be back
for some time.

Now sit down and relax.

I am perfectly relaxed.

You're worried, aren't you?

Worried?
Sure, I'm worried.

I'm worried about
that nominating committee.

Well, they can't condemn you
for upholding your convictions.

[chuckles]
You think they can't?

Those men are politicians.

All they care about
is winning an election.

They were the same way
before the trial.
You weren't worried then.

Well, that was different.

True. So why don't you say
what's on your mind?

You're worried about me,
aren't you?

Of course I am.

Well, Jarrod, I must admit,

I don't like the idea of one
or both of those men probably
planning to k*ll me, but...

I'm not going to let it
spoil our dinner.

Come on, let's eat.

Yah!

What the...

Jim?

[mumbles]

What?

Twins.

The place is empty.
They're all out on round-up.

You go that way,
I'll go that way.

I thought you might
like some coffee.

I sure would.
Thank you.

What are you doing?

Oh, kind of catching up
on my reading. You?

Just trying to finish
this acceptance speech...

just in case I still win
that nomination.

Well, then I'll let you alone.

Evening, Mrs. Barkley.

Figured maybe you'd like
to meet my brother.

Billy!

Come on out here.

Take a good look at the woman
who k*lled our pa.

So... this is Mrs. Barkley.

How did you get in here?

Jimmied open a back window.

Wasn't nobody around to stop us.

Hold on now, Billy.
We got plenty of time.

Just like Pa had.

Plenty of time.

[chuckles]

You're fools, both of you.

If you've come here
to get revenge for what
happened to your father,

you made a big mistake.

No, Mrs. Barkley,
you made the mistake...


Your father was a m*rder*r!
He got exactly what he deserved!

And you put him there to die!
You and that banker!

That's...
that's why we're here.
It's what Pa wanted.

Have you forgotten
what my son Jarrod did for you?

You're a free man!
But if you k*ll me,
they'll hang you for sure!

They'll have a hard time
proving it was us,
Mrs. Barkley.

It doesn't make any difference
which one of you does it!
They'll get you both for m*rder!

All right, that's enough!
You just quiet down
and shut up!

All right, now,
Mrs. Barkley.

Turn around.

I said turn around.

All right?

You want it like this.

Get 'em, Nick!

Are you all right?

I'm fine. I'm fine.

Whoa.

Jarrod?

Jarrod, how did it go?

You, uh, mean
my acceptance speech?

Uh-huh.

Well, I didn't make it.

Oh. Well, why not?

Well, the simple fact is
I turned the nomination down.

Oh?

I've been doing
a lot of thinking

since I had
that little talk with Nick

about the hard practicalities
of politics,

all the compromises,

the really hard facts
that I hadn't thought about.

I just decided that I wasn't
a politician after all.

I'm a lawyer.

Well, I'm not disappointed,
not really.

You know, somehow
I didn't think you would be.

But as for Nick...

[chuckles]
Nick can be pretty hardheaded
at times,

but he's also a Barkley.

And that's also a fact.

[both laugh]

♪♪ [theme]