03x20 - Fall of a Hero

[bunniefuu]

[laughing]

-Jarrod.
-Nat, how are you?

-Just fine.
-Come on over here.

I want you to meet
my brother.

Heath, this is
Nat Springer.

Pleasure to
know you, Heath.

Say, you look marvelous.

And you look
prosperous.

Well, I got 100
suits of clothes,

a 40-room mansion
in San Francisco,

but I am still
the hungry kid that
you knew in law school.

I can't get over
how well you look.

Backwoods law
must agree with you.

Well now, I wouldn't
exactly call Stockton
"backwoods".

Yes, I know.

I hear you've been doing
pretty well yourself,
as a matter of fact.

Cattle, horses,
gold mines,

and a couple of thousand
acres of timber

I would be happy
to take off your hands

if you will accept
my client's generous offer.

-Now, Nat, that's what
surprises me.
-What?

Well, a famous
lawyer like you

involved in
something so mundane
as land purchase.

Do I detect a note of envy
in that statement?

No, no, just surprise.

Gentlemen, I'll tell you
a little secret.

Only a fool gets so famous

that he turns down
an honest dollar.

Come on over to the hotel.
I'll buy you some lunch.

You two go ahead.

I wouldn't want
to get in the way

of an old
college reunion.

All right,
but don't you get lost.

I want you to witness
some signatures later.

[excited chatter]

Hello, T.J.

Sounds like somebody's
celebrating.

I don't pay
no attention

to what goes on
in there.

[overlapping shouts]

$10 says
he won't make it!



-Be careful.
-Take it easy.

Watch it, now.

[chatter continues]

I'm upping the ante,
Charley!

If you make it across,

I'll give you
two bottles of
fire water, hear?

Come on!

Come on!

Charley,
get down from there!

Three bottles,
Charley!

I'll make it
three, hear?

[chatter continues]

Come on, now,
Charley!

I'm countin'
on you, boy!

Timber!

[screaming]

Well, what do you
think, Doc?

I think
you owe me $20.

I mean him,
I mean him.

Mr. Barkley,
I'm only a dentist,

but if you want
my unprofessional
opinion...

I'd say he's still
among the living.

He got what he deserved.

Came in here
begging for booze.

Careful, now, Gus.

You're desecratin'
a sacred cow.

Old Charley White Horse here
is an honest-to-goodness
w*r hero.

That's enough, Parker.

Don't get yourself
all riled up, Heath.

Gus here's an old friend.

Second Georgia Volunteers.

Just wanted him to know
the truth about Charley

so he wouldn't
call him a bum.

See, old Charley here's
got a nose like a hound dog.

One day, he was sniffin'
around Chickamauga.

What do you suppose
he smelled?

-Booze?
-No, sir.

He smelled an ambush.

Saved his whole regiment,

including
Mr. Heath Barkley here,

who's been licking his boots
ever since.

You hurt this man again,
and I'll k*ll you.

♪ [theme]

Come on. You used to be
the biggest eater
in the regiment.

In fact, you were
the only man I ever knew

that actually
liked hardtack.

I think about
those days.

You know, we got
a half a dozen broncs
that need bustin'.

You get yourself in shape,
I'll talk to Nick.

Nick will never
take me back.

He would if you'd
quit the booze.

It's a lot easier
than fallin' off
balconies, isn't it?

I don't know.

[sighs]

Charley, I'll help you,

take you to our line shack,
dry you out,

whip you like a father
if you even mention whiskey.

I never knew my father.

I asked about him once,

and my mother said
he died in a saloon.

It runs in the blood?

Is that what
you're tryin' to say?

Listen, I saw you
refuse whiskey

while a doctor was cuttin'
steel out of your body

in four
different places.

You'd never even
tasted the stuff

until this town tried
to make you a hero--

Charley
the conquering hero.

I never wanted it!

You mean you couldn't
handle it.

I just wanted
to be left alone.

You let the backslappers
and the hand-shakers
turn you into a drunk,

let 'em turn you
into the town bum,

and that suited you
just fine, didn't it?

Charley, all you
gotta do is say yes.

I'll make sure
you've got that job.

You can start
just as clean as
the day you were born.

Tomorrow morning,
be at the ranch.



VICTORIA: You know,
I was just thinking--

maybe we ought to invite
Mr. Springer for dinner.

Roast pork and apple pie

might make him
a little more receptive.

JARROD:
[laughs] Don't kid
yourself, Mother.

He's not interested
in home cooking.

All he wants to do is
go back to San Francisco

and tell that client
that he got the land

for a lot less than
he expected to pay.

You're not gonna
give in to him, are you?

Oh, we'll shout
at each other
for a little while,

then both agree
on the price

we knew it was
gonna be all the time.

NICK: Sure sounds like
a lot of foolishness to me.

JARROD: Yeah, but that's
the way it's done.

Aren't you going
to eat your breakfast?

What time is it?

It's about 8:00.

You don't really expect
Charley to show up, do you?

Well, what time did he
say he'd be here?



Probably in an alley
somewhere,

chewin' the cork
off a bottle.

He just might straighten out

if people around here
would give him a chance.

How many chances
does it take?

MAN: Keep 'em comin'!

Come on, one more.

That's it.
That's right.

This ought to keep
our hero well juiced up
for a while, huh?

Tell him what he's
gotta do for us, Doc.
Tell him.

There's
a native tribe--

I don't rightly
remember the name--

they got the most
unusual ceremony.

He read this
in a book.

[laughter]

To prove their
undying devotion

to the great spirit,

they tie ropes
around their ankles

and dive from trees.

But the ropes
stop their fall

a couple of inches
before the ground.

It's really quite
an unusual ceremony.

How about it, Charley?
Now, you do it,

you can stay drunk
for a week.

You see, Charley?
You got nothin'
to worry about.

We got it all measured.
You got nothin'
to worry about.

Come on.

[all shouting]

Quiet! Quiet, please!

Please! This is
an act of reverence.

And it deserves your most
fervent attention!

[people shouting]

Charley, don't! Don't!

[screaming]

It was an accident!
Take it easy!

It was an accident!

[clatter]

You shouldn't have
come in here, boy.

You just made the sorriest
mistake of your life.

[g*nsh*t]

Sheriff! Sheriff!
This way, quick!

[g*nsh*t]

m*rder.

Plain m*rder.

I'll handle this.
You go on back.

Don't waste
your time.

As dead
as you get.

If Doc Tulley
hadn't hit him
with an ax handle,

I'd be dead
as Parker here.

How about it, Doc?

It's true. I saw it.

Heath Barkley shot
Parker down like a dog.

Too bad your brother
wasn't k*lled.

Would've been easier
than hanging.

Heath, are you all right?

He's got a lump
on his head.

I don't think
it's serious.

Jarrod, they say
I shot Parker.

I know.

I might've k*lled him
with my bare hands,

but not with a g*n.

Two eyewitnesses
saw him sh**t Parker.

Three more saw him
come in the barn,

and maybe a dozen others
heard him make threats.

And the barrel
of his g*n
was still warm

when I got here.

Heath, tell me
what happened.

I walked into the barn,

saw Parker and that
other friend of his.

Go ahead.

That's all I remember.

Try, Heath.
You've got to try.

That's all
I remember, Jarrod.

Jarrod, I'm sick
about this, but...

I'm gonna have
to hold Heath.

He's got a bump
on his head.

It's a wonder he can
remember anything.

Two eyewitnesses
saw him sh**t him!

Said they saw him.

I'm not a lawyer, Jarrod.

I'm not gonna argue
with you.

This is something that
a jury will have to decide.

He saves 100 lives.

When he dies,
three people--

Private
Charley White Horse...

k*lled in action
by a barroom dandy

and a second-rate
traveling dentist.

Open up a little wider.
That's it.

Oh.

Yeah. That molar's
gotta come out.

Don't you worry, May.
Old doc knows what
he's doin'.

Yes, you sure are
a pretty little girl.

If I was just about


man, I'd...

give them boys
a terrible time.

Hold that, May.

Yes, sir, don't you
worry at all.

Now, you take a big swig
out of that.

Bigger.

Ain't gonna hurt you.

Feel better, don't you?

Good afternoon, Jarrod.

Good afternoon, Doc.

Don't let me
interrupt.

Just go right on with
whatever you're doing.

Anything in particular
you wanted?

No. Just takin'
a walk, Doc.

I think a lot better
when I walk.

I hear they got a date
set for the trial.

A week from Wednesday.

Judge Lansbury.

What a mess.

What a terrible mess.

I didn't want Heath
to go in that barn.

You know that.
I tried to stop him.

But he was insane.
You should've seen him,

acting like some
primordial creature.

The bartender and myself,
we couldn't hold him.

We couldn't do nothin'
with him.

You hit that stuff
pretty hard,
don't you, doc?

You think I enjoy this?

You think that I'm
gonna derive some
particular pleasure

out of testifying
against your brother?

That little stunt that
k*lled Charley, Doc--

people say
that was your idea.

God forgive me, I never
thought he'd do it.

Well, I wouldn't
worry too much.

A man's liable to
think up all kinds
of crazy things

when he's had
too much to drink.

You'd like to make
a fool out of me,
wouldn't you?

You'd like to get me up
on that stand

and say, "Old Doc Tulley
was drunk."

That this whole thing's
a figment of his
imagination.

But it isn't.
It happened.

I saw him.
He was insane.

He shot Parker down
like a dog.

Where were you when
the shots were fired?

Well, I was over there
by the door.

Why'd you come in here?

Why didn't you go back
in the barn with Doc Tulley?

I come to get some help.

You must be some kind
of a clairvoyant.

What's that?

You came for help before
the shots were fired?

Obviously you knew
something was gonna happen.

Well, I didn't figure
they were sittin' down
to a came of cards.

-Did you see Parker
go in the barn?
-No.

Then how'd you know
he was in there?

VANDIVER: He guessed.

The same
as your brother.

Mr. Vandiver.
What a coincidence.

I was just reading
your statement

over at
the sheriff's office.

Did you like it?

Fascinating. I didn't
believe a word of it.

The sheriff does,
and the jury will.

What surprised me
the most was that part

about your being
a land speculator.

Well, that shouldn't
surprise a smart fella
like you.

I don't remember
ever seeing any deeds

registered under
the name of Vandiver.

Atlas. That's the name
on the deeds.

We were partners...

until your brother
shot him down like a dog.

You and Doc Tulley keep
using that same phrase--

"Shot him down
like a dog."

It's an adequate
description.

Funny you both
should come up
with the same one.

Not as funny
as that story your
brother came up with.

I'll bet he'll swear
he doesn't remember
a thing...

right up to the day
they hang him.

We brought you
some dinner.

No, thanks.
I'm not hungry.

Oh, we saw Heath.

He finally found out
what was wrong with old
Sheriff Madden's stomach.

It's his wife's cookin'.

Hey, we got a letter
from Audra.

It rained the whole time
she was in Rome.

She got three proposals
the first day she was
there, though--

One from a bona fide duke.
How do you like that?

Jarrod, do you
think it's fair

not telling Audra
about this?

What good would that do?

And, Mother,
will you stop fussin'
around with that?

-Well, you have to have--
-I said I'm not hungry!

You'd better come on home
and get yourself some rest.

You're gonna be all
burnt out by the time
that trial starts.

You take care of you, Nick.
I'll take care of me.

Oh.

Is it really that bad?

Bad?

There's a mild word
for it.

I've got to go
into court to defend
my own brother's life.

And for the first time since
I've been practicing law,

I know I haven't got
a leg to stand on.

Well, maybe Heath's
memory will come back.

Even if it does, even if
he screams his innocence
to the heavens above,

two eyewitnesses
are gonna stand up in court

and swear that
they saw him sh**t
Parker Atlas down

like a dog.

Parker Atlas wasn't
worth his salt.

That may be.

But he was the son

of one of the most
respected ranchers
in this valley,

and don't think
that won't count
with the jury.

Two eyewitnesses,

a dozen others who'll swear
they heard Heath

make threats
on Parker's life.

-[knock on door]
-Come in.

And you want to talk
about motive?

There isn't a man, woman
or child in Stockton

who didn't know
how Heath felt about
Charley White Horse.

Jarrod, I'm sorry.
I saw a light here.

I didn't know
you had company.

That's all right, Nat.
Come on in.

Um, Nathan Springer,
this is my mother.

How do you do, ma'am?

-My brother Nick.
-Howdy.

How do you do, Nick?

What are you
doing here, Nat?

I thought you went
back to San Francisco.

My wife threw me
out of the house.

She literally threw me
out of the house.

She said,
"Nat, you haven't had
a vacation in six years.

"If you don't
get some rest,

you're gonna drop dead
from a heart attack."

That's all I had to hear.

So, I grabbed my bag,
came back to Stockton,

found the softest bed
at the hotel,

and there I intend to sleep
for two solid weeks.

Well, I hope you'll
come out of hibernation

long enough to have
dinner with us.

It would be
a pleasure, ma'am.

Oh, by the way, Jarrod,
I've got some news for you.

News out of
San Francisco

is Danny Mannis
is gonna prosecute
your brother.

VICTORIA: Who?

Daniel Mannis.
He's, uh...

what you might call
in polite company

a political opportunist.

VICTORIA:
Do you know him, Jarrod?

He wants to be
governor, ma'am.

You get to be governor
by prosecuting cases

that give you publicity.

Is he any good?

Well, let's put it
this way, Nick--

He hasn't lost a case
in five years.

Oh, I wouldn't lose
any sleep over it.

He'll be up
against the best.

Well, I, uh--

I guess
I'll run along.

Pleasure meeting
you, ma'am.

-Nick, pleasure meeting you.
-Same.

Jarrod, if you need
any help,

just, uh--

just holler.

Just a little vacation, huh?

May we proceed
with the selection of
the jurors, Mr. Mannis?

You're Mrs. Bacon,
aren't you?

Mrs. Florence Bacon?

Yes, sir.

Well, now, Mrs. Bacon,

are you acquainted
with the accused?

I know who he is.

Have you formed
any opinion

concerning
his character?

Well...
he always seemed

to be a real nice
young man.

Mrs. Bacon,
are you aware

that nice young men
are capable of savage
and lawless acts?

Capable, shall we say,
of murdering other
nice young men

in fits of brutal rage?

That's a totally
inflammatory remark.

It was not a remark,
Mr. Barkley.

It was a question.

Your honor,
I must ins--

If I follow
Mr. Mannis correctly,

I think he wants to know
if this lady is capable

of rational judgment,

which is well within
the limits of proper inquiry.

MANNIS: Now, how long have you
lived in Stockton, Mr. Eldger?

Most of my life.

Now, Mr. Eldger,
do you think you'd be able

to make an unbiased judgment
concerning the defendant?

Sure.

That's an out-and-out lie,
Mr. Eldger.

You were fired
from our ranch.

So, how could you possibly
have an unbiased opinion?

Your honor, I will not
tolerate this anymore.

He'll have his chance.

If he feels this juror
is prejudiced,

he may challenge him
for cause.

Mr. Barkley, I think
you've been practicing
long enough

to know the basic rules
of procedure.

I have no more questions,
your honor.

I'm quite satisfied
with this juror.

Easy, Jarrod.
Easy, boy.

You'll lose this case
before you even
get started.

This juror is acceptable
to the prosecution,
your honor.

You are smiling,
Mr. Hartzell.

Is there something
about these proceedings
that amuses you?

Very well, then.

Let me ask you this--

one of the prosecution's
star witnesses in this case

-is a known drunk.
-Objection!

Would you be willing
to take the word
of a drunk

in a case that carries
the possible penalty
of death?

What kind of
an omniscient being
do you think you are?

Apparently, he knows
what I'm going to do

before I do it.

He knows who
my witnesses are,

and he knows
their bad habits.

And he's impeaching them
before they even
get to the stand.

Now, wait a minute.
Everyone in town

-knows you're gonna
use Doc Tulley.
-Silence.

Oh, now, wait a minute!
Before, he was bawling Jarrod
out because he busted in.

Now he's doing
the same thing!

Order!

Any more of that,
and I'll try this case

before an empty courtroom.
Sit down, sir.

Gentlemen, I think
we had better adjourn

until tomorrow morning.

[knock on door]

Come in.

Oh, Victoria.

-You wanted to see me?
-Yes.

Please, sit down.

Whoever invented
these things

didn't have
summer in mind.

I'll wager
ten years from now,

judges won't even
be wearing them.

They're a holdover
from the middle ages,

when people were awed
by ceremonial ritual

and pomposity
and all the rest of it.

Victoria...

I'm not even going
to comment on Nick.

But Jarrod--
that's something else.

That's something
very, very dangerous.

I know.

A doctor doesn't operate
on a member of his family.

How can you
expect a lawyer

to act with any degree
of emotional stability

when he's defending the life
of someone he loves?

Well, maybe he'll
settle down.

Are you really willing
to risk that?

What would you advise?

Get him off the case,
Victoria.

I don't care how
you do it, but do it.

Otherwise, Heath doesn't
have a chance.

Jarrod?

Well, which was it?

That famous story
about how he took you
to your first dance,

or one of his
enlightened lectures

on the obsolescence
of the law?

I saw you go into
his chambers.

Jarrod, Judge Lansbury
sent for me.

He's concerned about you.

He feels that, because of
your personal involvement,
you could use help.

Hmm.

I'm surprised
he didn't ask you

to have me withdraw
from the case.

You know, if this
weren't so tragic,
it'd really be funny.

Daniel Mannis--
that great champion
of justice--

who'd sell
his rotten soul

for one line
of publicity--

comes all the way here
to prosecute Heath.

The presiding judge
tells me I need help.

And, by sheer
coincidence,

one of the best
lawyers in the state

just happens to be
registered at
the local hotel.

Because his wife
throws him out of
her 40-room mansion

and tells him to go
take a little holiday.

Mannis and Springer--

those two alley cats.

They've been waiting
for the last five years

just for
the chance to tear at
each other's throats.

But if Springer
could help us,

does it really matter?

That's the funny part.

It does.

And there's not
a thing I can do
about it.

Let the record show,
your honor,

that, in addition
to myself,

the defendant
will be represented
by Mr. Nathan Springer

of San Francisco.

So, uh, you've got
nothin' to say, huh?

Mr. Barkley's
questioned me
a dozen times.

I'm tired of
being questioned.

That's what Mannis
told you to say,
isn't it, Pete?

I don't have
to say nothin'

until he puts me
on the stand.

Well, that's true.

That's true indeed.

It's just
a darn shame.

What is?

Little fellas like you,

always getting caught
in a squeeze.

What do you mean?

Well, it's obvious,
isn't it?

Not to me it's not.

Pete...

who's the richest family
in Stockton?

Barkleys.

Who are you
testifying against?

I got nothin'
to worry about,

just as long as
I tell the truth.

Pete, let me give you
a little lesson.

Money is power.

In San Francisco,
I could have you k*lled
for a dime.

[knock on door]

I saw what I saw!

Oh, I'm sure you did, Pete.

Mr. Springer,
I saw what I saw!

Good evening,
Mr. Perkins.
Come on in.

Here's your answer
from Chicago.

You married, Mr. Perkins?

No.

Who do you
talk to mostly?

Now, look, mister...

anything that comes in
over my wire

is strictly confidential.

An honorable man.

Well, now, that's hard
to come by these days.

Thank you, sir!

Heath was out of
his mind, insane!

He fired once-- bam!
He fired twice-- bam!

And then Parker fell.
Then I went back here,

and I got this axe handle,
and I sneaked up on him.

And I-- Wham!
Right over his head.

Yeah, Doc, yeah, fine.
That's very dramatic.

You know,
I can see it now--

a packed courtroom,
you in all your glory,

swingin' that axe handle
like some latter-day
Don Quixote.

Too bad I'm gonna
have to expose you
for what you are.

What do you mean?

Don't play games
with me, Doc.

I've had you
investigated

by the best detectives
in this country.

Now that we, uh...

understand each other,

I don't suppose
that you'll deny

that you are married
to a woman

whose maiden name
is Vera Henderson,

who lives
at 24 Elm Street,
Chicago, Illinois.

Well, what's wrong
with that?

Why, nothin', Doc. Nothin'.

Except that you are
also married

to a woman
whose maiden name
is Alice Dugan,

who lives at
Kansas City, Missouri.

You're tryin'
to blackmail me.
That's what you're doin'.

Oh, Doc, temper, temper.

The first time
Charley White Horse

fell from that balcony--

Now, tell us what happened
immediately afterwards.

Oh, everybody
gathered around.

Yes. Well, did the defendant
confront Parker Atlas?

Well, they had
some words.

Words.
What kind of words?

Well, they were
both kind of mad.

And did the defendant
threaten Parker Atlas?

Well...

I'm not sure.

You're not sure?

What do you mean
by that?

Well, it was noisy
in there.

I'm just not positive of
everything that was said.

You were positive when
you were questioned
by Sheriff Madden.

You were positive
when you spoke to me
less than two days ago.

What are you pickin'
on me for?

A lot of people were
closer than I was!

I am not picking
on you, sir!

I am merely attempting
to get out the truth.

I tend bar, that's what
I'm paid to do.

Not to mix into
petty squabbles.

The slaughter of
an innocent human being.

And you call that...

a petty squabble?

No further questions.

The witness
is excused.

Prosecution calls
as its next witness...

Dr. Arnold Tulley.

Mr. Mannis, I am told
that Dr. Tulley

is not in the courthouse,

that he left Stockton
late last night.

Congratulations, Nat.

Oh, thank you, Jarrod,
thank you.

Pretty neat day's work.

Tulley, McGinn.

The old one-two.

Wiped out before
they ever hit
the witness chair.

Well, I always did
believe in research.

I thought
you'd be happier.

I've never suborned
a witness, Nat.

The idea is to win.

The idea is justice.

Well, you tell me
about it

as we're watching
your brother

kicking from
the end of a noose.

We'll listen as he's
sucking in the air,

and we'll watch him
as the spittle

drips from his chin.

And you can...

tell me about justice.

Jarrod, you asked me
to help you on this case.

You knew exactly
why I came back
into this town.

I need you,
and you need me.

Let's stop your wailing
about legal ethics.

Right now, I'm just
trying to save
that boy's life.

Thanks, Joe.

Why so glum?

You should be
dancing a jig.

Don't you realize
that half the
prosecution's case

went right down
the drain today?

I didn't like
the way it happened.

All that happened is
that a couple of liars
lost their nerve.

Is that all
there was to it?

Heath, a trial is a very
unpredictable thing.

You never know how
a witness is gonna behave

until they get
right into that chair--

Somebody got to McGinn.

Somebody got to Tulley.

Process of elimination.
I pick Springer.

Jarrod,
I've never known you
to compromise before.

Don't start now.

Listen, Heath,
I'm no saint.

You think I can put
a bunch of abstract principles

above my own flesh and blood?

But if I get my freedom,
I want it clean.

How do I live
the rest of my life

not knowing whether
I m*rder*d a man,

never knowing for sure
whether I'm innocent
or not?

I've got to know.

Well, then I'll
tell you right now.
You didn't do it.

Jarrod,
stop coddling me!

I'm not sure anymore.

I think and I think...

and I know what Charley
meant to me.

And I think about...

seeing him on that
filthy barroom floor,

wasted and disgraced.

Why wouldn't
I k*ll somebody
who did that to him?

Because I know you're
not built that way.

Jarrod,
I could've done it.

All right, Heath,
let's go over it again--

every detail, right from
the very beginning.

You were running
down the alley.

What happened then?

I reached the barn door.

McGinn and Tulley
tried to stop me.

I brushed them aside
and rushed into the barn.

I heard a noise,

and that's when Vandiver
and Parker got up from
behind some boxes.

Wait a minute.
What noise?

I don't know.
Just a noise.

A noise from where?
Think, Heath!

From the loft.

You heard a noise
from the loft?

T.J.

T.J. Dyce?

Dyce was in the loft.

Jarrod, he must've seen
the whole thing happen.

State your name,
please.

Gustavus S. Vandiver.

Mr. Vandiver...

what is it
that you do?

What is
your occupation?

I'm a land speculator.

Then I take it
you own land
here in Stockton?

No, Mr. Atlas
owned the land.

We were partners.

How long did you know
the deceased--
Parker Atlas?

I met him
during the w*r...

Any luck?

I've turned this town
inside-out and upside-down.

He's gone, Jarrod.

Nobody's seen him
since the day of
the sh**ting.

Keep looking, Nick.

All right.

Tell us all
exactly what happened

after you
and Parker Atlas
entered that barn.

Well, we kept quiet,
hoping he wouldn't find us.

"He"?

Well, Heath Barkley.

Go on.

Somehow, he knew
we were in there.

I don't know.
Maybe he heard
the door shut.

But he knew.

And he came to get us.

Mr. Vandiver...

exactly what do you
mean by "get"?

I mean, k*ll.
It was written
all over his face.

Craziness.
He was practically
slobbering at the mouth.

Well, Mr. Vandiver...

what, if anything,
did you do?

Well, we didn't
stand still,

and we didn't have
many choices.

The back door
was the only way out.

So, you headed immediately
for that back door.

That's right.

The first thing I knew,
I heard a shot.

That one missed.

And then, as I was trying
to open the door,

Barkley rushed up
behind Parker,

shoved his p*stol
into Parker's back.

That was the one
that did it.

Parker was dead
before he hit the floor.

Mr. Vandiver...

how is it
that you survived?

Doc Tulley.

He hit Barkley
with an axe handle.

So, Mr. Vandiver,
you saw Heath Barkley

thrust his g*n
into the back
of Parker Atlas

and sh**t him down

in a fit
of wanton rage.

Yes, sir.

I did.

Your witness.

Mr. Vandiver...

you say that
you were a, uh---

-how did you say it?
A land speculator?
-That's right.

-In Denver?
-Around Denver.

And you met the deceased,
Parker Atlas, during the w*r.

That's right.

Would you say
that you served
with distinction?

Well, I like
to think I did.

You two were in the same
outfit, weren't you?

The Second, uh--

what was it--
the Second Georgia Volunteers?

He was a lieutenant,
I was a sergeant.

-Sergeant?
-That's right.

Well, that's odd.

I've got you listed here
as a private.

Private Gustavus S. Vandiver.

I would like to see
what that is, please.

It's an official
document

from the archives
of the Second Georgia
Volunteers.

The names of men
who deserted

in the face
of enemy fire.

Would you like to have that
entered into the record?

Would you?

All right.

Now that we've got
your military record
straightened out,

let's talk about your
activities in Denver.

Why did you leave
Denver, Mr. Vandiver?

I've already told you that.
To go into business
with Parker.

-Was there another reason?
-No!

Isn't it true that
you were questioned

in the sh**ting of a man--

a man called Eugene Griffin--

a clerk in the Alta Hotel?

They never proved that!

Gentlemen, I have
a little present for you.

Come on, get in there.

Well, well.

Hello, T.J.

Where'd you
find him, Nick?

Haggersville,
under a rock.

You're gonna get
into a lot of trouble
for this.

Oh, really?

Heath tells me
he saw you in
that barn, T.J.

He's lying.
I wasn't even in town.

That's not the truth.

I saw you myself,
not an hour before
the sh**ting.

You were out in front
of the saloon,
sweeping the porch.

Now, you were
in that barn,
weren't you, T.J.?

Weren't you?!

I-- I--
I was up in the loft.

And what'd you see
from there?

Nothin'. It was
somebody else's mess.

I backed off
in the corner.

You expect me
to believe that?

I don't care
what you believe!

I'm gonna put you
on the stand, T.J.,

and I can make you
talk, believe me.

It won't do you
no good.

Take him home
with you, Nick.

I'll get a subpoena
from Judge Lansbury.

Come on, T.J.
Come home with me.

You can help me saw
a little firewood.

-What?
-Firewood! You can
help me saw it.

[chattering]

Jarrod, are you
out of your mind?

Do you know what
he could do to us?

I think he can tell us
the truth, Nat.

Well, you were in court today.

You saw what happened
to Vandiver.

Mannis is finished.
We've won.

And now you want to subpoena
a hostile witness?

Why? Do you have any idea
what he might say?

You haven't
the faintest idea.

He might lie
to spite you.

And if he does
tell the truth,

it may be more than
you want to hear.

It's what Heath wants.

Heath wants.
Heath wants what?

The truth,
no matter what it is.

He's as big a fool
as you are.

It runs in the family.

Change his mind.

His life is
your responsibility.

You didn't get to know him
very well, did you?

What's the matter
with him?

Has he got
a guilty conscience?

Let me tell you
something about
human nature, Jarrod.

In a week,

he'll be down
on his hands and knees

thanking God
for his deliverance.

I've got an eyewitness,
Nat, and I'm gonna use him.

You're gonna
hang your brother,

that's what
you're gonna do.

Now, that wouldn't bother you
very much, would it?

The only thing
that gives you any pain

is the thought of
losing to Mannis.

You're the loser,
Jarrod.

He's your brother.

Would you state
your full name, please?

Thomas James Dyce.

Where were you
last employed,
Mr. Dyce?

Handyman
in the saloon.

I see.

On the night that
Parker Atlas was k*lled,

were you in
the storage barn
behind that saloon?

Yes, sir.

What were you
doing there?

-Minding my own business.
-I didn't ask you that.

I was up in the loft,
stacking whiskey cases.

I see.

While you were
in that loft,

did anyone else
enter that barn?

Atlas, Vandiver, and...

your brother Heath
came in.

Will you tell us
what you saw,
Mr. Dyce,

after those men
came into the barn?

Nothing.

Did you have
your eyes shut?

No.

You were in the loft
with your eyes open,

and yet you saw nothing.

I knew there was
gonna be trouble,

and I didn't want
no part of it.

I backed off
into a corner.

With your back
against the corner
of the loft,

and your eyes open,
are you telling us,
Mr. Dyce,

that you did not,
or you could not
see the floor below?

I couldn't.

Now, Mr. Dyce...

this is a scale
drawing of that barn.

This is the figure
of a man

with his back against
the farthest corner
of the loft,

a man of your
approximate height.

This arrow represents
his line of sight.

Now, you'll notice,
with his back

against the farthest
corner of the loft,

he has a perfectly
clear view of
the floor below!

Now, I'll ask you
again, Mr. Dyce,

what happened after
those men came in?

I'm waiting, Mr. Dyce.

Please...
leave me be.

I don't want to
get involved.

You don't want
to get involved.

All my life,
I've lived clean--

never no trouble.
Never.

Walk away, don't get
yourself mixed up in
other people's messes.

That's what I've done--

walked away
and lived clean.

I pity you, T.J.

Oh, how I pity you.

The emptiness
of an existence
without commitment.

The terrible
loneliness of a man

who refuses to get
involved in the world
around him.

Have you ever,
for one brief moment,

thought what
it would be like--

what it really
would be like--

to be in some
terrible trouble,

and desperately
need someone's help,

only that person
wouldn't give that help

because they refused
to get involved?!

Don't you think
you've cowered

from the responsibilities
of life long enough,
Mr. Dyce?

Because this time
you are involved!

You were in that barn,
and you saw Parker Atlas
k*lled!

I know it,
the judge knows it,
and the jury knows it!

And if you refuse to
tell us what happened,

you will not only be
guilty of perpetuating
a worthless existence,

you'll be criminally
guilty of withholding
evidence.

T.J...

all I want you to do
is simply tell the truth.

Nothing will happen
to you.

Nothing, except
maybe the beginning
of a new life.

You were in the loft,
stacking whiskey cases.

Three men came in.

Parker Atlas,
Gus Vandiver,

and Heath Barkley.

What happened?

They started to argue,
the three of them.

Then Atlas moved
towards your brother.

They were gonna
fight it out

because of
what Atlas had done
to Charley White Horse.

The other fella--
Vandiver--

he moved up
behind Atlas

and pulled his p*stol.

But he kept it hid
behind Atlas' back.

Go on.

About that time,

Doc Tulley came in

and picked up
an axe handle.

Your brother Heath
didn't see him

because he was
watching Vandiver.

He must've known
that Vandiver had
his p*stol out,

because he said,
"Get away from there."

That's when it happened.

Doc Tulley swung
the axe handle,

and drove your brother
forward into Atlas,

and Atlas got
pushed back, and--

and that's what did it.

Did what?

k*lled him.

k*lled him?

Yes, sir.

Are you stating,
under oath,

that it was
Gus Vandiver's p*stol

that discharged
and k*lled Parker Atlas?

Just a minute.

Mr. Barkley's g*n
was fired.

It's here as evidence.

Yes, but Mr. Vandiver
fired it.

He told Doc Tulley
that if they didn't
blame it on Heath,

they'd have more trouble
than they could handle.

Thank you, Mr. Dyce.

JUDGE: Mr. Mannis...

do you have
any questions?

No questions.

Case dismissed.

[overlapping chatter]

Well, congratulations,
counselor.

But I still think
you were wrong.

No reason for you
to take that risk.

There was plenty of
reason, Mr. Springer.

I had to know the truth.

So long, Jarrod.

Good-bye, Nat.

-Let's go home.
-All right.

Uh, Heath...

mighty glad
things turned out
the way they did.

But I have to admit,
I'm gonna miss you
around my jail.

Now, this young man
plays a pretty fair
hand of poker.

Which reminds me,
sheriff...

Yeah?

-Ha ha!
-Oh.

Well now, don't look
so sad, Fred.

You can consider
that payment

for all that bad food
you forced him to eat.

[laughter]

♪ [theme]