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02x15 - The Hanging Judge

Episode transcripts for the TV show, "The Life & Legend of Wyatt Earp". Aired: September 6, 1955 – June 27, 1961.*
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Series is loosely based on the life of frontier marshal Wyatt Earp.

02x15 - The Hanging Judge

Post by bunniefuu »

You're circuit judge tobin,

The hanging judge.

You've been mighty fond

Of making tough speeches

To the poor devils

Who had to swing

Because you say so.

But now the rope's

Going around your own neck,

Judge tobin.

You've been tried

And convicted of horse stealing.

Well, we're gonna give you time

To say your prayers.

And may the lord have mercy

On your soul.

Don't waste time

Looking for wyatt earp.

He wouldn't lift a finger

To save you.

Put the rope on him.

♪ [Humming]

♪ Wyatt earp, wyatt earp

♪ Brave, courageous,

And bold ♪

♪ Long live his fame

And long live his glory ♪

♪ And long may his

Story be told ♪

The life and legend

Of wyatt earp...

Most of the judges

With whom marshal earp

Had to deal

Were honest, strong,

And fair-minded men.

But when judge tobin

Was assigned

To ride a circuit

Which included dodge city,

Wyatt came up against

A strange character.

Tobin had set out to make

A reputation for himself

As a hanging judge.

Men called him "rope" tobin,

And compared him

With the notorious judge parker

Who hanged men

In oklahoma territory.

But in the case

Of judge tobin...

The defendant

Will face the court.

Mr. Bingham,

You've been tried

And found guilty

Of stealing a horse.

You stole this animal

From a traveler

On the open prairie.

You are well aware

That a man's horse is his life.

Cattle and buffalo stampede

At sight of a man on foot.

Men have been trampled to death

In such stampedes.

Furthermore,

A man without a horse

Has no means of escape

From savage renegade indians.

By your act, you condemned

Your victim to death,

And only

By the merest chance--

I didn't steal that horse,

I bought him.

Silence.

Marshal earp,

It's the judgment of this court

That mr. Bingham be hanged

By the neck until dead.

You will notify sheriff bassett

That the execution

Will take place tomorrow,

Any time between

Sunrise and sunset.

May the lord

Have mercy on his soul.

Remove the prisoner.

Something on your mind,

Mr. Earp?

Yes, sir, there is.

Well, out with it.

Well, since you asked me,

Your honor,

I think that mr. Bingham

Might be telling the truth.

What makes you think so?

Well, I know he was

Riding the horse

When he arrested him,

And he didn't have

A bill of sale,

And we couldn't find the man

That he said sold

The horse to him, but--

Well, it seems to me--

He had a fair trial,

Mr. Earp.

Had he been caught on the trail

Riding a stolen horse,

He'd have been hanged

From the nearest tree.

Do you believe in lynch law,

Mr. Earp?

No, sir, I don't.

I hate it.

Well, so do i.

And the only way to put down

Lynch law on this frontier

Is for

Legally constituted courts

To do their duty.

We must teach men

To respect legal justice!

[Pounding desk]

Do you have

Any further comments,

Marshal?

Yes, judge tobin,

With your permission, I have,

But it involves criticism

Of this court.

Maybe I better

Keep my mouth shut.

Speak up. Speak up!

Well, sir,

With all respect,

I don't believe in hanging a man

On circumstantial evidence,

As in this case.

You say you want

The law respected.

Well, that's what I want too.

But do you believe hanging a man

On circumstantial evidence

Is the way to go about it?

I disagree with your thinking.

Well, you're the judge.

Careful now.

Well, anyway,

It's not in my jurisdiction.

The crime was committed

In ford county,

So it's up to sheriff bassett.

[Chuckles]

You do know a little

About the law.

Just enough to serve you

Fair notice, judge.

I don't believe in hanging

For any other reason

Than first degree m*rder,

And only then on

Most conclusive evidence.

Fair notice...of what?

Dodge city isn't ford county,

And I'm not sheriff bassett.

Good day, your honor.

Did you tell him

What for?

As much as I did.

No sense in getting fined

For contempt of court.

What's wrong

With that man, wyatt?

He's never seen a hanging.

That's what's wrong with him.

Any kind

Of circumstantial evidence

Satisfies him.

No, he's a real

Hanging judge for sure.

Well, charlie bassett says

Bingham's wanted in nebraska

For two murders.

I guess it all evens up.

No, it doesn't.

Judge should send him

Back to nebraska for trial.

Oh, now, wyatt.

Look, how would you like

A friend of yours hanged

On doubtful evidence?

I can't think

Of any of my friends

Who are apt to get hanged.

There's nothing funny

About this, you know.

You send that

Poor fellow on over

To sheriff bassett's lockup,

Then wash your hands.

I just washed them.

I wonder what kind of soap

Judge tobin uses on his.

Huh?

Never mind. Go on.

[Sighs]

Queen to win it.

Six to lose it.

Eight to win it.

I wanna take a look

At that deal box.

Hand that back.

I got a hunch it's

A mississippi bottom dealer.

I said,

Hand that back!

Why, you little--

Finley, put it away.

He grabbed my deal box.

Ease up.

Take a walk.

Take over, earl.

Eph, you and I

Better have a little talk.

In there.

It'll be a pleasure.

[Chattering]

Well,

What's your complaint?

Your card game's crooked.

It's been crooked ever since

Chalk beeson left for k.c.

And I'm gonna prove it to chalk

When he gets back, with this.

Well, let me see.

Perhaps finley--

Not him, you.

Chalk left you here

To run things,

And finley will deal them

Straight or crooked,

Just as you say.

How much did you lose?

A thousand.

You never had that much.

, .

It'll cost you a lot more

If I tell beeson.

He'll make you pony up

Five times that,

And put a yellow tag

On you, besides.

All right, all right.

But I can't get it

For you right now.

When?

Tonight.

The cashiers change shift

At : .

You slip in the back way.

I'll give you the money,

You give me the box.

Of course, pete.

When I get the money,

[Box clacking]

You'll get this.

Where's your relief man,

Finley?

He's late.

I'll sit in for him.

Thanks, pete.

Anything wrong?

Eph morgan's still mad.

Take the alley home.

All right, boys.

Let's change the deal box.

Nothing like new cards

And a fresh box.

Break open the deck.

I'll take a stack, pete.

Sure.

I'll keep case

For you.

Good.

[Knocking]

It's eph morgan.

I think he's dead.

It's morgan.

He's dead.

[Earp]

All right,

You men stay out here.

Break it up.

You men go out

Back in the saloon.

Go on.

Morgan was

A good guy too.

That hole in morgan

Came from a ' deringer.

You know anybody

That owns one?

Well, five-spot finley.

He used to have one.

Where's finley?

Went off shift about : .

He's probably at home.

Go pick him up.

Finley wouldn't sh**t

Anybody, wyatt.

I knew him in abilene.

In fact, he tipped me off

To a gunslinger--

Look, will you just

Go pick him up?

Whatever you say.

You quit wasting my time.

I took this off of morgan.

Did you ever

See it before?

No, sir.

You're lying.

[Box thuds]

That's a mississippi

Bottom dealer.

Now, you want to explain

How come morgan had it?

Marshal, I swear to you,

I don't know anything about it.

Look, three eyewitnesses

Out there told me

They saw morgan

Take it off finley

At the faro table.

They also saw finley

Pull a deringer on morgan.

Marshal, finley's my friend.

Now, surely, you don't

Expect me to incriminate him.

Finley heard about the sh**ting.

I met him in the alley.

You don't think I had

Anything to do with it?

You own a deringer,

Mr. Finley?

Yes, sir.

Mm-hmm. Where is it?

It's in the drawer

In the faro table.

Anders here

Could tell you wh--

Never mind.

Let's go see it.

Come on.

It's gone, mr. Earp.

Somebody stole it.

Pete, you know the g*n

Was in the drawer

When you took

The slot from me.

Don't you remember?

You said morgan was sore at me,

For me to take the alley home.

Finley, mr. Earp knows

About the box.

He does?

I cheated morgan,

But I didn't k*ll him.

You know me, bat.

I wouldn't k*ll anybody.

I told as much

To marshal earp.

You threatened morgan

With a g*n, didn't you?

Yes, sir, but only

To keep him from beating me up.

Anders took the deringer,

Put in the drawer.

Then jay grabbed me

And hustled me out.

Ain't that right?

Finley,

You're talking too much.

You need a lawyer.

Lawyer?

Mr. Finley,

I'm arresting you

On suspicion of m*rder.

Wyatt! So old tobin

Can do the same thing--

Now you're the one

That's talking too much,

Mr. Masterson.

Take him to jail.

Come on.

Oh, evening, mr. Earp.

Howdy, mr. Craig.

Terrible thing

Finley done.

You reckon judge tobin

Will hang him

Along with bingham?

Oh, easy, mr. Craig.

Here.

Are you looking

For clues?

No. Haven't found

The m*rder weapon yet.

It's a ' deringer.

Finley wouldn't hide it

Around here this close.

He knows I'm always filling

And emptying this barrel.

Well, it's not in there.

You keep your eye peeled out

For a deringer, huh?

Yes, sir.

Good night.

Good night.

Mr. Earp.

Well, judge tobin.

Benton here's been pestering me

To grant bail to some gambler

Name of finley.

What do you know

About the case?

Well, sir,

Eph morgan, a cowhand,

Was shot to death in an alley

Behind the long branch saloon.

He and finley had an argument

About a crooked deal box

This afternoon,

And I arrested finley

On suspicion of m*rder.

Suspicion?

My client denies the charge,

Your honor.

There's nothing

But circumstantial--

That will be all, sir.

It's a clear case

Of first degree m*rder,

Isn't it?

No, your honor, it isn't.

Can't you present

A clear-cut case about anything?

Finley claims

Somebody stole his g*n.

There were a lot of people

In position to do that, sir.

Also, I haven't checked into

The crooked gambling angle--

Nonsense!

First degree m*rder,

No bail.

I'll hear this case

At : tomorrow morning.

Have the defendant

In court at that time.

: ?

And I won't consider any motion

For a delay or continuance,

Mr. Benton.

Crooked gambler!

Murders a man

In cold blood.

We'll see. We'll see.

Finley wants to talk

To you, mr. Benton.

Well, I'll do

The best I can.

Now wait a minute.

Now, judge tobin can't

Force you to trial.

Not without a reasonable time

To prepare a defense anyway.

They call him "rope" tobin,

Mr. Earp.

Stalling would only

Make his temper worse.

He'll sentence finley

To hang.

He's already

Made up his mind.

Well, then,

When it comes to that,

We can ask

For a stay of execution

Pending appeal.

But you'd better find out

Who did k*ll morgan,

And right quick.

Now how do you feel?

I'd like to put a rope

Around tobin's neck.

Hey, that may not be

A bad idea.

Huh?

Judge tobin has

A lot of knowledge about law,

But he's never had his nose

Far enough away from a law book

To know anything about people.

Has finley got any good friends

Besides you?

A dozen good ones at least.

Six oughta be enough.

You and I can't do anything,

But his friends might be able

To teach judge tobin

About circumstantial evidence

And save finley.

You mean frame the judge?

Why, mr. Masterson,

Such talk from

An officer of the law.

And the boys who like finley

Aren't officers of the law.

Let's see what happens

In court.

Yeah.

Have you reached

A verdict?

Guilty, your honor.

Guilty of what?

Well, m*rder

In the first degree.

[Chattering]

Order!

That's how you instructed us

To vote, ain't it?

[Chattering]

Order!

Considering the evidence,

There was no other

Verdict possible.

You gentlemen have

Done your duty,

And the court commends you.

Thank you, your honor.

The defendant will rise.

Mr. Finley,

You are a cardsharp

And a crook.

When the deceased

Caught you cheating,

He took your deal box

As evidence.

Testimony indicates that

Mr. Morgan intended to complain

To the owner

Of the long branch saloon.

To prevent this,

You waylaid him in an alley,

And with malice aforethought

You shot him in the back.

No, sir. It wasn't me.

I didn't do it.

Silence!

[Gavel bangs]

The court would like

To show mercy,

But your crime

Does not deserve mercy.

I sentence you to be hanged

By the neck until dead.

Your honor?

Yes, mr. Benton?

I must ask

For a stay of execution

Pending appeal.

That is your privilege

As council for the condemned.

Any comment, mr. Earp?

No, sir.

Don't you worry, finley boy.

We're with you.

Silence!

You will take your seat

Until court's adjourned.

Marshal earp?

Yes, sir?

I have business

In abilene.

Other cases on the docket

Will be postponed

Till my return.

Remove the condemned.

Court is adjourned.

[Chattering]

Don't worry, finley.

We'll get you out of this.

Get him out of there,

Boys.

Hustle it up.

Hello, bat.

Hey, jim.

They look pretty much alike,

Don't they?

Yeah. I couldn't

Tell them apart.

Nice work, jim.

Even to the brands

And scars.

Bar n on the judge's horse,

Bar h on my horse.

I had to block out

The white mark on my horse.

Slick.

Where's old man ruger?

Well, we left him sleeping.

We got to move on.

I'll hide the judge's horse.

And don't forget,

You've got to stop tobin before

He crosses the city limits.

Oh, we'll stop him.

Bat, why don't we really

Hang the old buzzard?

No. Just put a rope

Around his neck.

Wyatt and I

Will be right behind you.

Don't you

Even rough him up.

Remember,

He's a circuit judge.

We're gonna be

Awful careful.

How you coming, boys?

All right.

Get over here, boy.

[Grunts]

[Men yelling]

Whoa!

Not so fast, stranger!

Whoa!

Not so fast, stranger.

That's my horse

You're making off with.

Are you men drunk,

Or is this some kind

Of a practical joke?

It ain't funny.

We hang horse thieves.

Get down.

Nonsense!

These are my horses!

That one ain't.

Get down. Come on.

Do you know who I am?

No, and I don't care.

You're stealing my horse.

Nonsense!

Both these horses

Are bar n brand.

I bought them

From colonel french

At the bar n ranch.

You've heard of him.

Bar...

Bar h? No.

That brand's

Been tampered with.

This is a frame-up.

You're stealing my horse,

Then accuse me of framing you.

Rope's ready, jim.

Let's get it over with.

Let go of me!

Let go of me, I say!

Let go of me!

I'm circuit judge tobin!

No!

Not rope tobin,

The hanging judge!

Well, boys,

Ain't that something?

Rope tobin

Turns horse thief.

That tree over yonder

Looks right handy.

You won't get away

With this!

Oh, hanging a man

Ain't too difficult.

Should I

Tie his hands?

No.

It's more fun

When they got their hands free

And try to fight the rope.

Come on.

We're wasting time.

Hey!

What goes on here?

Caught a horse thief,

Marshal.

That's judge tobin.

He wouldn't steal a horse.

He did, though.

That left-hand bay--

My horse.

Got my bar h brand.

This is a frame-up.

Or maybe the livery stable man

Gave me the wrong horse

By mistake.

Aah.

Go check the brand.

We don't hang horse thieves

Without some show of a trial.

What about finley?

And bingham?

They had a trial.

The left one's bar h.

The other's bar n.

Oh, I'm sorry, judge,

But I can't help myself.

You're under arrest,

Charge of horse stealing.

Take that rope off him.

Climb in your buggy,

And we'll head back to town.

Go on.

Ghastly mistake.

Those hoodlums might've

Tried to hang me,

And on the flimsiest

Of circumstantial evidence.

What if this

Got into the newspapers--

An accusation like this?

Rumor, gossip,

The dignity of my office!

Marshal earp,

I demand an immediate release!

Well, I'm sorry, sir,

But any charge by a citizen

Must be investigated.

Oh, come now!

We've had our differences,

But surely you don't believe

That I stole that horse?

No, sir, I don't.

Well, then, why are you

Holding me on a charge

That you admit's absurd?

For blackmail.

What?

I have here

An official police report

Of a felony complaint

Signed by jim lawrence,

The owner

Of the stolen horse.

Just what are you after?

Well, judge,

To begin with,

I'm looking for a human being...

In you.

What is this?

Then there's the blackmail.

But let's call it

"White blackmail," shall we?

I want a stay of execution

For mr. Bingham.

He should be sent

Back to nebraska

And tried there for m*rder.

Is he wanted there?

That's right.

On two counts.

And sheriff bassett

Didn't mention anything about it

Because he felt bingham

Might just as well

Be hanged here as in nebraska.

Well, I don't agree

With charlie's idea of the law.

And I also don't agree

With hanging men

On flimsy

Circumstantial evidence.

It'll ruin respect

For law out here.

And you and i, sir,

In our different ways,

Are the law here,

Aren't we?

Those nebraska charges

Should've had priority.

All right.

I'll grant the stay,

But not as a price

For anything.

Now, go ahead

And do your duty

As you see it.

One other thing, sir.

I ask you

To release finley on bail.

A condemned m*rder*r?

Look, sir,

I need your help.

I think I know the man

Who really m*rder*d morgan.

Now, if you turn finley loose,

The man I'm after

Will get scared,

And a scared man

Always makes a wrong move.

It's still blackmail.

No, sir, it isn't.

[Paper rips]

I've changed my mind.

There won't be

Any police report,

And I'll ask jim lawrence

To withdraw his complaint.

What would make a stubborn,

Opinionated man like yourself

Change his mind?

My father's a judge

Back in illinois.

The kind of judge

All of you should be.

He didn't get his reputation

By hanging men

On circumstantial evidence.

I guess i...

Tried to mold judge tobin

In his image,

And I'm sorry for that.

Excuse me, judge.

Wyatt,

They're talking mighty mean

At the long branch.

They think finley

Had a raw deal.

I expected that.

All right.

Round up the rest

Of the deputies,

Tell them to load with buckshot.

No. No!

I'll admit finley

To bail.

Turn him loose.

Thank you, sir.

But if you've got

Another suspect,

You better get him quick.

I can always

Change my mind.

Finley!

Finley!

Good to see you!

[Chattering]

Finley, you're free.

I'm only out on bail,

But I sure thank you guys.

Still winning, huh?

Yeah, little old finley.

Boy, howdy.

Good to see you.

Sure wanna thank you, pete,

For getting me the lawyer

And everything.

Aah, what's a friend for?

Boys, the next round's

On the house.

How come old rope tobin

Let you out on bail?

Well, mr. Earp says

It's because they can't

Find my g*n.

How does that figure?

It's kind of

A legal technicality.

Mr. Earp suggested it

To the judge,

And the judge agreed.

Unless they find my g*n,

They can't hang me.

I sure hope

They never find it.

Sure.

You ain't buying the drinks,

Pete, I am.

Come on.

Drinks are on me.

[Boisterous chatter]

Come on, boys.

Finley's buying.

Howdy, marshal, bat.

Howdy, mr. Anders.

We're still looking

For that deringer.

Yeah. Finley was

Telling me about that.

Marshal,

Why does old judge tobin

Wanna hang little old finley?

Why, morgan

Never was no good.

Neither are you.

Big g*n, big talk.

You scared finley

Into cheating.

Ease off.

You move aside.

I'd like to take

A look in there.

Why, there's--

There's nothing in there

Except a lot of trash.

What are you

So nervous about?

Nothing, marshal.

Nothing at all.

Well, what do you know?

Finley must have

Stashed that in there. I--

I mean, whoever shot morgan

Must have put it in there.

No, you stole it

And shot morgan.

Are you crazy?

Last night,

Right after the sh**ting,

I came out here,

And that barrel was empty.

So what does that prove?

You knew I looked in there,

And you figured

The safest place to hide this

Is where I'd already looked.

Old man craig

Threw some trash in there,

And you came out

And threw the deringer

On top of it.

You're under arrest,

Mr. Anders.

Yeah?

[g*n c*ck]

Stand steady.

My friend.

Trying to get me hung.

Have I stolen

Any more horses?

No, sir.

I, uh...

Found your horse

Hidden in the livery stable.

To solve a m*rder case

With a dying man's confession,

You even find my horse.

That's sheer genius,

Marshal earp.

Uh, your honor,

What is the penalty

For framing a circuit judge

On a horse theft charge?

Well, I wouldn't hang

The man who did it,

But you could warn him

Any more shenanigans,

He'll draw a might stiff

Prison sentence.

Oh. Well, I'll, uh--

I'll tell him that

When I see him.

Giddyap!

♪ [Vocalizing]

♪ Well, he cleaned up

The country ♪

♪ The old wild west country

♪ He made law

And order prevail ♪

♪ And none can deny it

♪ The legend of wyatt

♪ Forever will live

On the trail ♪

♪ Wyatt earp,

Wyatt earp ♪

♪ Brave, courageous

And bold ♪

♪ Long live his fame

And long live his glory ♪

♪ And long may

His story be told ♪

♪ Long may his story

♪ Be

♪ Told