02x13 - The Hearing

[bunniefuu]

[theme music]

[music continues]

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The creek is definitely on Mr. Peasley's land.

It would definitely be his creek.

- What are we gonna do? - Oh, I don't know.

Well, if you don't make some sort of arrangement

'and your well should ever run dry'

you'd have to abandon your homestead.

Abandon?

I think it would be dishonest of us

to share ownership of that creek with Mr. Peasley..

...without showing him what we have found there.

[Molly] 'Open it. We haven't had it tested--'

Honey, you don't have to.

I worked enough gold claims to know plaster dust

when I see it. And that's it! That's gold, Molly! That's it!

That's gold, Molly, and it's on my property! It's gold!

I mean, it's our property.

[chuckles]

Oh, Ma'am! Ma'am, I can't tell you how sorry I am.

Here, let me help you.

Excuse me.

I've never even kissed a girl.

- Do you wanna kiss me? - Yes.

You know, I was told there's..

...so much power under this roof

'as there is under the territorial capital.'

I've made many friends down through the years.

'As a consultant, I'll advise.'

I'll speak to certain people that you should know.

Macahan is extradited.

He'll go to Missouri Prison.

And you'll be richer $5000.

We did meet before, didn't we?

[intense music]

Who was that man?

I'd say he's a fella who wants to shovel the dirt in your face.

Did it strike you that way too?

[intense music]

[Josh] 'Hey, Doreen!'

Good morning, Josh.

Never see you around anymore, Doreen.

- I've been busy. - I don't know.

Since we went on that picnic you've been

kinda making it a point to avoid me.

Nonsense. We can sit together if you like.

Great.

Then maybe after the hearing we can talk.

- That's his younger brother. - Been hearing.

But I haven't been hearing too much from you, Mr. Britten.

Mr. Stillman...maybe you'll hear something that you like inside.

After you.

[intense music]

[male #1] 'Alright, let's settle down. Get this proceeding started.'

Pay attention back there.

Alright, at the outset I wanna say that this is not a trial.

But it is a formal hearing

in which arguments will be heard for and against..

...the extradition of one Luke Macahan.

[male #2] 'Now we're gonna concern ourselves'

'with the criminal charges still on file'

'in the state of Missouri..'

'...in attempt to determine if they are sufficient'

to grant the extradition that Missouri's lookin' for.

Mr. Zachary Knight is here to represent our governor

'so I'm gonna ask him to assist me in the questioning.'

'Play devil's advocate if he wishes'

'Also I wanna say that I'm not so concerned'

'with the formal proceedings here'

'as I am in making sure'

'that justice is well served by either recommending'

'the granting of that extradition or denying it.'

Alright, Luke Macahan, you'll be sworn in.

Take the witness stand.

No matter what he says, I know I had to put up a fight or..

...be hanged right there in the barn.

You say you were wounded. Were you in pain?

[Luke] 'Yes.'

Tired? Hungry?

I sure was.

You weren't at your best due to fatigue.

Well, I sure wasn't at my best, but I wasn't confused

about having to fight for my life that day.

Your honor, now, Mr. Macahan would like place in the record

this newspaper account of his so-called exploits.

'Also, I'd like to place in the record'

this deposition from a law officer.

Every instance that he was forced to use a g*n

he used it properly.

Either in self-defense or in protection of others.

[Zachary] 'And in fact, Mr. Macahan claims that every unfavorable item'

appearing in this widely circulated newspaper

has been officially rebutted.

The clerk will see that all those items

become a part of the record.

Thank you, your honor.

You ever see a whitewash like this before?

I don't hang people outta hand.

[Zachary] 'You were saying, you only attempted to tie up Macahan..'

'...to subdue him.'

Correct.

'He was difficult to subdue.'

Yes.

'By the way, Mr. Stillman'

'the three farmers who helped you subdue him..'

'...did you get depositions from them'

'verifying the truth of your statement here?'

- No. - 'Why not?'

Two are dead, the other one moved away.

'You didn't think it was important enough..'

'...to find the other man?'

I didn't have any reason to believe officials

in this territory would take it upon themselves

to free a thieving k*ller.

[indistinct chattering]

I trust that that's the last remark of that nature

that we're gonna hear from you.

[Zachary] 'You've stated, Mr. Stillman..'

...that it took you and three strappin' farmers..

...to subdue Mr. Macahan.

It did.

'A wounded man, hungry, tired.'

And now, getting away from the mystery of

why a man of such weakened condition

needed such force to be subdued.

I'm puzzled why he resisted in the first place.

'Macahan knew that...he could prove that'

'he received the wound in battle and not from some farmer'

'who shot a horse thief the previous night.'

Why in the world was he struggling so, so furiously..

...that he indeed broke free?

I think here's where simple faith in a man's word..

...will answer that question.

Mr. Stillman, you will confine yourself to the question.

[male #2] 'Which is why Luke Macahan found it so necessary'

'to struggle so hard against you and others.'

When he knew that evidence would soon be at hand

that would prove that he was not guilty or stealing a horse.

Now, that's the question.

Why is any consideration being given this man?

He's an army deserter. A cowardly deserter.

The amnesty didn't change that.

He needed a horse. He took a horse. Never mind asking.

Mr. Stillman?

Macahan innocent of assaulting me

[Stillman] 'Does an innocent man run?'

'Ride the outlaw trail?'

'Doesn't innocent men fall on the mercy of the court?'

Vicious animal sits there now and pleads for his freedom.

Look at that pained expression on his face.

[Stillman] 'Playing the part of falsely accused.'

Now, Mr. Stillman, you're out of order.

You, you..

...deliberately pointed my own g*n at me.

'You deliberately took aim..'

...a defenseless man.

You laughed at me.

And you...shot me!

Laughed?

With a wound in my stomach and blood running down my leg..

[gavel pounding]

I'll have no more of this.

Now, any further remarks will be addressed directly to me.

[indistinct chattering]

Mr. Stillman, unless you have something further

to offer this hearing which is solely and specifically

directed to fact and not just emotional rhetoric

I must conclude that your testimony is completed.

[intense music]

[indistinct chattering]

Now, I must ask if there are any other interested parties

that wish to be heard from on this matter.

[indistinct chattering]

I'd like to say a few words, judge.

Make sure the record's straight.

Approach the bench and be sworn in.

[indistinct chattering]

What's he doin' here?

Who is he?

I don't know.

He showed up at the jail and gave me a good lookin' over.

I tell you, I've never seen him before in my life.

- 'I do.' - 'State your name, please.'

Frank Grayson.

Grayson.

Mr. Grayson, you say you have something of substance

to offer this hearing.

I can prove that this man, Luke Macahan..

...rode with a g*ng of outlaws known as Flint's Raiders.

From the beginning I know about this k*ller kid.

[indistinct chattering]

Curt's brother.

[male #2] 'I believe the Flint's Raiders that you speak of'

'were very active in he northern territories.'

They robbed banks, gold shipments

train that I know of.

Even took an army payroll a couple of years back.

Mr. Macahan, I ask if that statement is true.

Did you ride with that outlaw g*ng?

No, Your Honor, it is not true.

I was held prisoner by that g*ng.

I never mentioned it to you because it wasn't anything

'in my past open to question.'

In fact, after I escaped from the g*ng

I warned the sheriff of Jimson's Break

that they were about to commit a gold shipment robbery.

You escaped from Flint's men

or you turned on your own people for the reward money?

I don't know anything about any reward.

I was held prisoner. Flint's men wouldn't let me go.

What proof do you have to offer

that Luke Macahan was a member of that g*ng

and not been held prisoner as he claims he was?

My brother was a member of that g*ng.

He was k*lled along with Colonel Flint when this man

turned on the people that he was riding with.

I was not riding.

[male #2] 'You'll have a chance to reply.'

Were you a member of that g*ng?

No.

Then I don't understand what proof you're offering

that he was not being forcibly detained like he claims he was.

My brother's own words.

This is a letter that..

...Curt wrote to me before he was shot in the back and k*lled.

[Frank] 'Some of it's family business.'

'Asking about our ma and pa.'

Asking how I was doin'.

Would you mind telling the court

exactly what you're business is?

I've been hiring myself out the Texas range wars.

Hiring yourself out as what?

I guess I can handle a g*n pretty good.

[indistinct chattering]

I see.

Alright, continue.

"Mostly we're just laying around up here

"waiting for something big to start

"but I can tell you about that when I see you.

"The colonel's doing pretty good by us all

"if you know what I mean.

"He's still fussy as to who comes into the g*ng

"and the new fella who's joining us

"is somebody who reminds me of you.

His name is Luke Macahan."

Your brother only thought I was joining the g*ng.

I told you, you'd have ample opportunity

to question the contents of this letter.

Now is that sole reference to Luke Macahan?

There's one other thing in it.

It's just a little strange with him saying he was held prisoner.

"Luke and me have grown to be real good friends

"We're spendin' a lot of time together.

Me teaching him how to quick draw and sh**t."

[indistinct chattering]

May I see that letter, please?

Mr. Macahan, this letter's gonna be the subject

of very close scrutiny to determine it's authenticity

but perhaps you, yourself can tell us whether or not

you feel it's genuine.

Yes, Your Honor, I, I can see Curt writing it.

[indistinct chattering]

Then that statement is true.

You were handling a g*n

and you were taking target practice

while you were in the company of those men?

Now, I admit...that being held prisoner

and allowed to carry a g*n sounds funny.

Funny? That ain't the word for it, mister. Try hilarious.

Luke's tellin' the truth! Told us about it when he got home.

'On finding out they were robbing that gold shipment'

he escaped and almost got k*lled!

[gavel pounding] Young man, the court is very interested in hearing your

opinion about the character and activities of your brother.

But now is not the time.

You're gonna listen to Macahan's brother?

What do you expect him to say?

Now I want everybody to hear this.

Now I said at the outset this is not a trial.

[male #3] 'But it is an official hearing'

'and the court is empowered to hear any witness'

'in it's desire to find out the true character'

'and the intent of the petitioner, Luke Macahan.'

Now I don't want to hear any more of that.

Yes, sir, judge.

How'd you arrange all this?

That would be my business, wouldn't it?

This letter will become a part of the record unless of course

you have some objection to it being made public.

I've no objections.

Alright, in that event..

...this hearing will stand in recess until tomorrow morning

at 10 a.m., by which time I hope to have a telegram

from Sheriff Gant at Jimson's Break.

[gavel pounds] Adjourned.

[intense music]

[indistinct chattering]

[Peasley] 'Sluice don't have to be fancy, you know?'

All you doing with it is pouring in sand, dirt and water.

Now, don't get in his way, girls.

Seems to me, Mr. Peasley, you've set yourself

on a back-breaking job hauling from that creek.

Oh, no, not really, Molly. That's only temporary, see.

Once the men get back

they set up a permanent operation down at the creek.

Take the sluice right down there.

But in the meantime..

Here, just put this up here, honey.

We get a head start here in the barn

we pick us up maybe, oh, ten thousand dollars or so?

- Ten thousand dollars? - Look at that smile.

I'll tell you, gold does funny things to people.

[Peasley] 'Sends a tinglin' all up and down the spine.'

Makes them smile.

I never forget the first claim I worked.

Was up along the American railroad.

I even worked that claim every day.

'Fighting the heat and the chiggers.'

Got smashing drunk every night!

[girls laughing]

How much gold did you find?

Oh, not enough, honey. It's never enough.

With potatoes a dollar a piece, whiskey $20 a bottle and women..

there just wasn't enough.

Girls, we better set up some sort of system

for carrying the well water into the barn.

I gotta get goin'. I got chores to do. I'll see you later.

You know, won't people be, well, somewhat suspicious

with you hauling all that sand up from the creek?

Oh, I don't think so, Molly. I ordered some cement from town.

[Peasley] 'We'd tell 'em that we're mixing all this stuff with the cement.'

Build us a new house.

Oh!

[Peasley] 'Now, you know, it's gonna be a little more convincing, Molly'

if you tell 'em that we're...courtin'

and that's why we need a new house.

[intense music]

I'll see y'all for supper, ladies.

That fella has the cheek of the devil.

[Stillman] 'Frankly, I thought it went rather well.'

[Britten] 'So far.'

[Stillman] 'Rensen's telegraphed Jimson's Break.'

Confirmation that Luke Macahan was not a member

with that Flint g*ng.

But the sheriff can't testify to Luke's motivation.

I think it's perfectly possible that Macahan saw an advantage

in turning on, on his friends.

Stillman, I don't know what you're worried about.

If Macahan goes free, he'll be in the streets moving around.

Meaning Frank Grayson will k*ll him.

And where does that leave me?

The moment he's freed, I'm branded a liar.

Aren't you?

[intense music]

There was a time I wouldn't take that from any man. Not even you.

Now I'm tellin' you flat out.

I paid you for Luke Macahan's extradition.

And I want him found to be the thief and liar that he is.

And in Missouri State Prison.

Stillman, the waters in that hearing are so muddied..

...it'll last a week.

We've got plenty of time to see how things go.

Tonight!

Something happened tonight.

This is over and done with.

I paid enough to ensure some action here.

You're getting it the most effective way, Stillman.

Which is to have the action coated with some subtleties.

[intense music]

To hell with your subtleties.

I don't wanna even know the cost.

[chuckles]

In that case, I'll just accept a check.

You just leave the amount blank.

Cheers.

[intense music]

[music continues]

We go back to last water?

There's no goin' back.

There's another river about 30 miles up the northwest of here.

Thirty miles? Cattle will be dead.

Gonna drive 'em through night and day. No stoppin'.

Not even to eat.

Alright, get the wagon movin'.

Alright, get the cavalry.

[intense music]

[music continues]

[music continues]

[whistles]

Men, we can't afford losing more time this way.

How far to water?

About eight miles up ahead there's a river bed.

Should be some water holes in it.

Cattle. They die.

They're dying.

We can't afford to leave them to the wolves.

You leave us to the wolves.

Won't come to that.

If it does, you will not be the last to die.

Get on up ahead with the others.

[intense music]

[g*nshots]

[music continues]

Temporary home, Mr. Peasley?

Yeah, just sorta puttin' down my mark, Mr. Evans.

'Like some coffee?'

Thank you, Mr. Peasley.

There you are.

Thank you.

You got $300 coming, if you bring that homestead paper.

Oh, I brought it, Mr. Peasley. Yes, indeedy.

I was most careful in duplicating the original.

The creek's shown to be on your quarter section..

...and not the Macahans.

'So anyone examining the land book'

'would never be able to prove'

'the creek is not on your quarter section.'

Well, Mr. Evans..

You're a man of prime talent.

Why, thank you.

'You wanna count it?'

[chuckles]

By the way, Mr. Peasley, I..

I've been asking around about you.

And I hear that years ago, you and Zeb Macahan

had a violent dispute about something or other.

Yeah, we had a little run-in.

What else did you hear?

Oh, just that Macahan bested you in some way.

'You vowed to even the score one day.'

I'm wondering what's going to happen

when the Macahans get back..

...and you two finally meet up.

You know what I always say, Mr. Evans

let bygones be, never hold a grudge.

You know how people talk.

By the way..

Did the Macahan women put up much of a fuss when, uh..

...you offered to share the water?

They argued a bit the creek oughta be theirs

but they were glad enough to share the water.

Share the water?

But didn't they seem to want more than just water rights?

I don't follow you.

Well, I explained to the Macahan women

that I was certain you would allow them

to continue using the creek water.

Then the youngest, I believe her name was Jessie..

...she started saying something about

it wasn't the water they were interested in.

What was it?

I don't know..

...but something.

And I just can't get it out of my mind.

[intense music]

I was intendin' to see that you got a fair share, Mr. Evans

but now I'm gonna have to let you in on it now.

That it's gold find.

Gold find?

That's right.

I knew it was something like that.

I just knew it.

Come on, take yourself a panful of the bottom, take a look.

I knew it!

[chuckles]

How big a strike do you think it is, Mr. Peasley?

Well, I haven't properly scouted the area.

Can't say for sure.

[intense music]

I'd say you're not gonna have a financial worry

the rest of your life, Mr. Evans.

[indistinct chattering]

But what difference does it make if Luke didn't mention

about learning to sh**t a g*n from one of Flint's men?

He didn't never really ride with them.

Help them steal anything.

The realities are that the world is more complicated

than you youngsters wanna believe.

Now, that old expression, "You lie down with dogs

you get up with fleas."

Well, that applied directly to Luke.

Just the minute that he admitted

that he was friendly with the Flint g*ng.

But Luke was a prisoner of that g*ng.

A prisoner who was taught to fast draw and fire.

[scoffs]

I'm still wondering how I'm gonna phrase that

in the report to the governor.

and still come up with the last line..

"I concur, Luke Macahan

should not be extradited but given his freedom."

What's worrying me is that that deposition from Sheriff Gant

won't be glowing enough to offset the damage that was done

by that letter that Frank Grayson read in court.

You needn't worry any about Sheriff Gant

not praisin' Luke to the sky.

Wait a minute.

We don't have to worry about Luke's not being praised

to the sky? Is that what you said?

Luke and Sheriff Gant are real good friends.

'That's why Luke didn't wanna mention'

what happened over at Jimson's Break.

He didn't wanna bring the girl into it.

The sheriff's daughter.

'He's kinda sweet on her.'

'And with Luke's name being in the newspaper'

he didn't wanna get her name mixed up in it too.

Uh, did I say something wrong?

Are you saying that the sheriff was supposed to give Luke

a clean bill of health that's got a stake in his freedom?

Well, I figure he expects Luke to come back and marry Hillary.

Well, Hillary's the sheriff's daughter, I mean.

A deposition from the possible future father-in-law.

Josh, all we need is one candid deposition

to put all the rest of them in doubt.

This isn't fair. Luke never did a bad thing in his life.

And now everybody in town's treatin' him like an outlaw.

Now, look, son..

...you're gonna be a character witness

for your brother in the morning.

And the best thing you can do for him is to resist

all impulses to label him as the second coming of Christ.

Speaking of that, is there anything in your past

that's best left unsaid? Any arrest, anything?

Not that I know of, judge.

The only time I ever even seen the inside of a jail

was when I went to visit Luke, seeing him behind bars.

Let's not quite put it like that, shall we?

You see the fewer times that Luke's name is connected

with jails or bars, or outlaw gangs, or anything..

...the better it's gonna be for your brother.

[knock on door]

It's open.

Honey, you can't make that face any prettier than it is.

That starts my night off nicely.

I notice you haven't seen much of Josh Macahan lately.

Well, it started getting a little too serious

so I thought I'd discourage him.

I'd like you to see him tonight.

[intense music]

You'll see him.

[chatter]

Josh!

Oh, hi, Doreen.

[sighs] Luke didn't come off looking too good today, did he?

No, he didn't. But it wasn't Luke's fault.

I mean, everything suddenly started sounding wrong.

I just hope tomorrow..

What happened here?

Oh, you heard the one about people walking into doors?

[chuckling] Well, today, I found out that people really do that sometimes.

[laughing]

Anyway, I was gonna have a bite to eat and I thought..

...tonight maybe I could treat you.

[sighs] I just ate.

It doesn't matter. You can keep me company. Have some coffee.

Great.

Okay.

We could talk.

[serene music]

You really have it in for Macahan, don't you?

Just as you do.

No, it's different.

I want him in the open.

I want him facing me for k*lling my brother.

I don't want him rotting in some Missouri prison

on a trumped-up charge.

Sid, you've k*lled over a dozen men in these many years.

Now, are you debating points of morality with me?

I don't know what you mean

about debating points of morality, Mr. Stillman.

I've had to k*ll men, but I've never enjoyed it.

Difference between us is I don't enjoy

pulling the wings off of flies.

How much of my money is going to you to g*n down Luke Macahan

if he's set free in this town?

Well, I was offered $2,000 by Mr. Britten.

Paid to soil very immoral hands?

No, I turned him down.

If Macahan goes free, I'll k*ll him..

...as a matter of principle..

...not cash.

Whiskey.

[coin rattles]

Once Luke gets out of trouble, I have to talk with you.

Talk about what?

About you and me.

Remember what you said a while back?

About having things to look forward to.

Like building a ranch and things like that.

I remember.

[Josh] 'You really mean it?'

'I mean, you wouldn't mind starting with nothing'

'someplace up in Colorado?'

'You and me?'

Well, that's kind of a big step, Josh.

Too big?

No, I didn't say that.

Hey, aren't you gonna toast to my birthday?

You have to promise not to ask how old I am though.

I promise.

- Bottoms up. - What?

That's a saying I heard the other day at..

Like this.

Bottoms up.

Ugh, it's bitter.

I can see you're...not much of a wine drinker.

[sighs]

No, I'm not.

[exhales deeply]

The first drink I ever had before coming to this town w..

Some dandelion wine.

Dandi..

I better sit down.

Some dandelion wine.

It's..

I..

I'm sorry, Josh.

I really am.

[sighs]

[bottle clinks]

[intense music]

[screaming]

[continues screaming]

[chaotic chatter]

What is it, honey?

[crying] I tried to get him to leave. He was drunk.

Oh! Now, now.. Go, get a glass of water.

He's drunk.

He just went crazy.

What's the matter with Doreen?

I think he ruffed her up.

Take him to the cell. Let him sleep it off.

- "Let him sleep it off?" - Yeah.

Young lady, you've got the same right as any other town woman.

I got to ask you what this fella did to you.

I had to throw a pitcher at him.

I kept trying to get him to leave

but he was forcing me to do things, and hurting me.

Oh, my God.

Gents, would you give me a hand, and get this fella in the cell?

Let me take a look at that.

You take good care of her, will you?

I'll see to it that the doctors are being sent up immediately.

Alright?

[sighs]

Oh, no, no, darling.

The young man had too much to drink.

He just got a little unruly.

So, just relax, everything is under control.

Have a drink on the house.

[indistinct chatter]

Josh!

Josh! What happened to him?

Thanks, fellas.

What happened to him?

You never can tell about a fella.

'Talked like a boy, acted like a boy.'

He got a mean streak in him.

What did you do to him?

Do to him, son?

Nobody did nothing to him!

Don't call me "son!"

Now, what did you do to my brother?

He physically abused

one of the girls at the Cattleman's Club!

What?

Last time we had a thing like that happened here..

...we hung him right after a church picnic.

'Everybody in these parts watched and applauded.'

Yes! They applauded!

But Josh couldn't do anything like hurtin' a girl.

You got yourself some witness in the morning.

Think of that witness chair and leg and hand irons.

That's what's behind it.

Makin' my brother look bad.

The way I see it..

...he didn't need any help to prove he's a Macahan.

[intense music]

[intense music]

He ain't breathing!

I can't see him breathing!

You must have really hurt him bad!

[door opens]

Not breathing?

Get back.

[grunts]

I'll break it! I'll break it!

Now, you hand up the p*stol.

Two fingers on the p*stol grip.

And take it out easy.

Come on, reach for it!

Alright, go on!

Alright.

You get on your feet, you open the door.

[exhales]

You're lookin' to hang with your brother, huh?

Look, marshal, I don't wanna k*ll you.

So, I'll settle for you just opening the door.

Look, they'll take it into consideration

that he's your brother.

You got excited, you weren't thinking--

I was thinkin' just fine.

For what you and your friends did to my brother

it'd be worth hanging just to have the satisfaction

of blowing your blamed head off.

But I got him to think about.

So, if you'd just come over here and open the door.

[intense music]

[keys jingling]

Come on.

Come on. Come on!

Alright, face down on the bunk.

[snaps finger]

Come on, get in here!

Alright, give me your hand. Come on.

[grunts]

'You're not gonna win this, boy.'

You'll end up on hell!

We're not gonna have to listen to any more of your gab.

Josh.

Josh. Come on, boy, wake up.

[mumbling]

Come on.

'They must have emptied the whole bottle.'

[mumbling]

[theme music]

[theme music]

[music continues]

[music continues]