02x06 - The Martyr

[bunniefuu]

Adam, this is not a matter
of life and death.

Patience, patience.

After 30 years
on the bench,

deliberation becomes
a way of life.

I hear tell that once
it took the judge
two weeks of deliberation

to decide as to whether or not
to deny or sustain
an objection.

That's a lie.

-Took less than 10 days.
-By the time
he'd made his decision,

I'd forgotten what it was
I objected about.

In that case,
I think I'd better sit down.

ADAM: Heath, that's
an apocryphal story.

However,

I always do try to see
every side of a thing

before rendering a decision.

Uh, Jarrod, would you, uh,
lend me a dollar, please?

Thank you, gentlemen,

for a most stimulating

and rewarding evening.

Thank you, Victoria,
for being so lovely
and such a good cook.

Flattery will only get you
another invitation
for dinner.

-Next week?
-Any evening these boys feel
like another game of pool.

Who would've thought that
beneath those judicial robes
lies the heart of a thief?

Ah, Jarrod,
if this ever gets out,

my judicial reputation
is ruined.

Mr. Barkley?

-[mutters]
-Heath, get the doctor.

Let's get him
over to the couch.

Thank you.
You're very kind.

-Mr. Barkley?
-That's right.

Mr. Barkley,
my name is Paulino Arietta.

I've just escaped
from the Pinewood jail,

where I was held as a m*rder*r.

I wish you to be my lawyer.

I wish you'd asked me that
before you escaped.

I didn't think I had a chance
in their court.

So I run away.
But I am innocent.

Now I wish to stand
and fight them.

I remember how you saved
my cousin Arturo.

I think you must be the man
to save me also.

Do you accept?

We'll see about that as soon
as we take care of this wound.

One more thing.

I am a Basque.

In Pinewood they call
some of us Basques

murderers and traitors
and foreigners.

I am an anarchist.

-How is he?
-He's lost a lot of blood,
but he's a strong boy.

Doctor said he'd be fine
after a couple of days' rest.

Fine, eh? For hanging?

He should've kept running
till he was out of the state
or across the border.

Why, Your Honor,
that doesn't sound
very much like you.

Chalk it up to its being
way past an old man's bedtime.

Anyway, we're not just
judge and lawyer here.

We're two old
and very good friends.

And as a friend,
I hope you haven't decided
to represent him.

Why not? You're gonna be
on the bench, aren't you?

That's beside the point.
I'm a county judge, Jarrod.

I'll have to preside
unless I get lucky
and fall deathly ill,

get run over by a team
of wild horses.

Jarrod, when you defended
that Basque two years ago,
it was an unpopular cause.

And he was only accused
of petty theft.

A lot's happened since then.

I don't have to tell you
those people up around Pinewood

have been scared witless
by this anarchist philosophy.

Oh, that's a lot
of nonsense, Adam.

The entire Basque community
is only represented
by a small minority,

and probably only a few of them
are anarchists.

There's nothing rational
about fear.

And there's no atmosphere
less conducive
to holding a fair trial.

Win or lose, you're going
to make more enemies

than any man needs
in a whole lifetime.

And get paid off for your labor
in a bottle of Basque wine.

Ah. A dozen bottles
of good Basque wine
and a sheepskin coat.

That's what that Basque
paid me two years ago
to defend him.

And besides, Adam,
the boy might be innocent.

He's an admitted anarchist.
He believes in violent overthrow
of government.

-Object.
-Therefore, he believes
in personal violence

since governments
are composed of people.

-Your Honor, I object.
-He--

[chuckles]

-Sustained.
-Cigar?

No, thank you.

After all, we're not trying
the boy for a philosophy,
but for an overt action.

Ideas can't k*ll people.
Only people can.

But I'd better stop that.

-We'll probably be arguing
this in court, won't we?
-Yes, we will.

And to think it was my intention
to try to talk you
out of taking the case.

Next time, I'll know better.
I'll keep my big,
fat mouth shut,

take my three dollars
and go straight home.

If it's any consolation to you,
I had decided
to take the case

before I came downstairs.

Now, where did Victoria
put my hat?

-And do you know why?
-Hmm?

Because I know that no matter
how unpopular the case,

I can present my client
before a judge that is fair
and just

no matter what the atmosphere.

SILAS: Who do you want? You just
can't come bargin' in here.

-You have no right.
-MAN: Oh, I got the right.

-Vic, you take a look upstairs.
-You better hold off.

-You can't go up those steps.
-Shut up!

You on the stairs!
I believe you heard
the gentleman.

Okay, Vic,
hold it a second.

My name's Walt Baker.
I'm sheriff of Pinewood Way.

I believe we met
once before, Mr. Barkley.

-What are you waitin' for?
-Hold it right there!

You do have a warrant, Sheriff?

Now, look, Mr. Barkley,
I'm chasin' an escaped m*rder*r,

and I have every reason
to believe that he's
holed up right here.

He's upstairs
in one of the bedrooms.
Why didn't you just ask?

Well, I just thought that--

I knew we hit him.
There was some blood.

-I'll take him off your hands.
-He's in no condition
to be moved.

He busted out of my jail,
and I'm taking him back
with me.

One way or another,
he goes back with me tonight.

And if he dies along the way,
chalk it up.

It'll save the state
expenses for the trial.

Now step aside, Mr. Barkley.

ADAM:
Yes, Sheriff, you take him.

We're ill-equipped to stop you.

But mark this:

If he does die en route
back to your jail,

or even if he makes it safely
and then some accident
befalls him,

you, Sheriff--
you and your deputy

will stand trial in my court
for m*rder.

Well, Judge, I didn't know
that you were here.

Okay, Vic,
the judge is here.

You will take
full responsibility
for the prisoner.

-Is that right, Your Honor?
-That's right.

Mr. Barkley.

-[door closes]
-[sighs]

Many thanks, Adam.

Yes, Jarrod,
it's beginning to shape up.

Even now,
it's quite a trial.

Well, Nick, I thought
we'd already said good-bye.

Heath and I have been
doing some thinking.

I know what you've
been thinking about.
He's already told me.

It's not that I don't appreciate
the offer of the company.

You're gonna run into
a bit more than trouble
in Pinewood.

Oh, I don't think so.

The judge straightened that out
pretty well with the sheriff.

The sheriff is one man.
From what I understand,

the feelings are running high
against the Basques
in that town.

I'll bet it'll turn out
to be nothing more
than a routine lawyer's job.

There's nothing "routine
lawyer's job" about this.

Now, look, Nick,
it's been a long time
since you've asked me

to mend a fence
or chase a stray, right?

-This is a little bit different.
-Just give us your best wishes.

We can use all of those
we can get, right, Paulino?

I'm not worried.
I'm innocent.

Besides, I have the best
lawyer in the world.

JARROD: So long, Nick.

Giddyap now!

Step down, Basque.

This man is in my custody.
I'm delivering him
to your sheriff.

We'll take care of that
for ya, mister. Take him.

Come on!
Let's string him up!

Let's string
this m*rder*r and foreigner
to the nearest tree!

Yeah, bring that rope along.

Let him go, boys.

I said, let him go.

What's goin' on?

Just in the nick of time,
huh, sheriff?

I don't think so, counselor.

Good folks were just makin' sure
the prisoner was headed
in the right direction.

I'll take him off your hands
now, Barkley.

All right, break it up.
Go on about your business.

-You stayin' around
a piece, mister?
-That's right.

Good. It'll give us a chance
to get better acquainted,

maybe find out what kind of man
would defend a Basque.

Go on now, Russ.
Move it along.

You gotta understand Russ,
Mr. Barkley.

He didn't have any more against
them Basque "arianarchists"
than the rest of us did

till your boy there
k*lled his brother, Bill Miller.

I never k*lled Bill Miller.
I spent the whole day with
my friend Julio up in the hills.

He'll swear to that.
I'll prove it to you.

We don't have to
prove it to him.
We'll prove it in court.

I'm gonna have to leave
for a little while.
You'll be safe here.

I think the sheriff
will see to that.

Oh, Mr. Barkley.

When you see my friend,
have him bring my dog.
He'll be lost without me.

Now, a man like that,
one way or another,

he's bound to get hurt.

[g*nsh*t]

Who are you?

I wish you'd asked me that
before you tried to k*ll me.

I thought you were from
the town. We Basques have had
much trouble here.

They have threatened
to run us off our land,
even to k*ll us.

Well, I'm Jarrod Barkley,
Paulino Arietta's lawyer.

[foreign language]
And to think I almost k*lled
you. Paulino-- Where is he?

I dropped him off in town.
He's gonna stand trial.

That was a mistake.
They will k*ll him here.

I don't think so.

Paulino does not
stand a chance in your courts.

He stands a better chance
fighting for justice
in our courts

than you people stand
fighting the townspeople
with your g*ns.

Besides, we've got
an eyewitness
to testify for us.

-Yes. Julio.
-He's the one I want to talk to.

Of course.
Follow me.

My sister, you bring
an honored guest.

-Welcome to our village,
Mr. Barkley.
-It is my honor, señor.

See that Mr. Barkley's horse
is wetted and fed, quickly.

Please, Mr. Barkley.

Rosa, some coffee
and some of our delicious
Basque bread.

Mr. Barkley, we have heard
rumors that you are going
to defend Paulino.

-This is true?
-This is true.

Wonderful, wonderful!
With Jarrod Barkley
to defend him,

our poor Paulino may yet
have some small hope
for justice.

I was in court
when you defended Arturo.

-A masterful job.
-Thank you, sir.

But, of course,
things have changed since then.

Animosity has grown.
The town has declared w*r on us.

Seems to me you've kind of
declared w*r on them too.

-I was almost
one of your casualties.
-I thought he was from the town.

Terrible thing, w*r.
Innocents caught
in a cross fire.

But, naturally,
we just defend ourselves.

Naturally.

But as Paulino's lawyer
and a friend of your people,

I must insist
that you refrain from
any more acts of provocation.

But of course.
We are the provoked,
never the provocateurs.

Well, that's reassuring.

Although I've heard that
there are those among you
who preach violence.

Even anarchy.

There are those amongst us
who believe that law is evil

when it operates only
for the protection
of the privileged,

and it is the privileged
who operate the law.

You know,
if you really believe that,

you must either think
I'm a dishonest man

or a fool
for having come here.

I am telling you
what the anarchists believe.

Maybe you can free Paulino
and prove them wrong.

-I can try.
-He wants to speak with Julio.

Naturally.
And what Mr. Barkley wants,
Mr. Barkley shall have. Julio!

You will be honored
to meet Paulino's lawyer,
SeñorJarrod Barkley.

Hello.

Paulino tells me
you were with him
on the day of the m*rder.

-Is that true?
-Yes.

That day.
I think it was that day.

I am a shepherd, señor.

Paulino and I,
we spend many days together
in the hills.

-One day is like another.
-Is there some question
in your mind

about that particular day?

I will help my friend Paulino
in any way I can.

You can help him most
by simply telling the truth.

-I will do what I can do!
-You're a witness in this case.
An eyewitness.

I have told you,
I will speak to Paulino!

It would help him more
if you would speak to me first.

Now, Julio,
you must understand

that your friend's life
may be in your hands.

I need to go over your testimony
very carefully.

I have left my flock unattended.

I must go to them.
Tomorrow.

Yes. You will come
again tomorrow.

And now,
if there is nothing more--

There is one thing:
Paulino's dog.

He asked that you bring it
to him at the jail.

Yes. I will try. Tomorrow.

He's only a boy, very young.
He's sick about
his friend Paulino.

You understand?

Well, thank you for
the coffee and bread.

Our pleasure, Señor Barkley.
Rosa, take Señor Barkley
to his horse.

Anything we can do
for you with Paulino,
you will please call on us.

I'll do that.

-[keys jingling]
-[dog barking]

My dog!

Hello, Don Bernardo.
How are you, huh?
[laughs]

Filthy sheepdog!
Now, I'm a fair-minded man,

but mark my words,
if he yaps too much,
out he goes.

Thank you, Mr. Barkley.

You see, he's no ordinary dog,
he's a nobleman!
[laughs]

-Julio, how is everything?
-Fine.

-And the wife?
-She's well.

-My flock?
-In good hands.

-Good. Thank you.
-[Don Bernardo barking]

[hoofbeats departing]

[barking]

Cut yourself shaving,
counselor?

I'd like to see
my client, Sheriff.

Your g*n, Mr. Barkley.

What happened?

That'll be all, sheriff.

You sure you don't want
to lodge a complaint?

There's nothing
to complain about.
You were right.

I cut myself shaving.

Hmm.
They did this to you.

When did it happen?
How many were there?

Oh, maybe a half dozen.

It was Miller's brother,
Russ, huh?
He was one of them.

I couldn't see their faces.
They wore hoods.

-But he wasn't one of them.
-They're all cowards.

Townspeople!
They're all cowards!

All cowards wear hoods!

-They were Basques, Paulino.
-What?

-Basques.
-Oh, you're wrong.

I couldn't
believe it myself.

The one who whipped me--
the one who seemed
to be their leader--

the way he stood,
the way he moved,

he reminded me unmistakably
of Francisco.

-Oh, you're lying.
-They wore rope-soled shoes
just like you.

That proves nothing.
The townspeople--

That would've been
a very clever trick
to wear rope-soled shoes.

There was a sheepdog.
How many of the townspeople
have sheepdogs?

You were beaten out of your
mind. Your eyes, your mind
were playing tricks on you.

Or is this some kind of a trick
you're playing on me?

I wish it were.

Why?

Why? Is it possible?

My friends?

People I loved
and lived with them?

Is it possible they're gonna
turn against me? Why?

I've asked myself
that same question.

The townspeople, they'd like
to take you out and string you
up right now, wouldn't they?

-Yes. They made that clear.
-But your friends want you
to stand trial.

Well, of course they do,
because I'm innocent!

Because they want you
to be found guilty.

What are you trying to say?

To be found guilty
and hanged, thereby proving
that all foreigners

get no justice in America--
that they should become
anarchists

and fight to overthrow
the government and its laws.

-You stop that, I warn you.
-They're using you, and
they'll continue to use you.

Only I scared 'em that I might
get you free and rob 'em
of their martyr.

Get out!
You're no longer my lawyer.

All right, Paulino.

I can get out.
Then you'll have
accomplished

what they failed to do
last night-- get rid of me.

Send you to court
with no defense.

Another black eye
for American justice.

Now, believe me, Paulino,
I wanna be your friend
and your lawyer,

because I honestly believe
I can get you free.

What do you say?

All right.

Mr. Barkley.

If what you say is true,

then how come Julio comes here
as my friend

to bring my dog,
to bring me hope?

If what you say is true,

if my own people
wanna see me hang,

then how come Julio comes here
to testify for me?

You answer me that!

[hoofbeats approaching]

-[bleating]
-[bells clanging]

I heard what happened to you.

Those animals in town--
they will stop at nothing.

Please sit down.
Coffee for Señor Barkley.

I was hopeful violence
could be avoided.

-I wanna talk to Julio.
-Julio is gone.

He sold his flock,
left his house behind.

-I see.
-Terrible thing
for Julio to do

with Paulino, you,
all of us counting
on Julio's testimony.

But I can understand
his fear.

What was he afraid of?

What we are all afraid of--
of being m*rder*d.

And Julio in particular,
he has heard their threats.

We have all heard
what they will do to Julio
if he testifies.

-Who made those threats?
-Come now, señor.

The town,
the good people of Pinewood.

The same good people
who drag you from your bed,
beat you.

What are you going
to do now, Mr. Barkley?

Julio, our eyewitness,
our one chance of
freeing Paulino-- gone.

Julio may be gone,
but not our chance
to free Paulino.

Come now, señor.
We both know that
without an eyewitness,

Paulino stands no chance.

Little enough chance
in your court with
an eyewitness.

How long have you lived
in this country, Francisco?

What has that to do
with anything?

I was just wondering how long
it took you to learn
to hate us so.

Or did you hate
before you came here?

Hate?

No, far from it.

I came here
with heart full of hope.

You see, Mr. Barkley,
I believed all your lies.

The land of the free,
the home of the brave.

We welcome you with open arms.

We welcome you--
you, you stinking, dirty Basque!

Welcome you, so long as you stay
in your own little backyard.

No, señor.
I didn't hate when I came here.

But I learned.
The good people in Pinewood
are excellent teachers.

If Paulino were convicted
and hanged,

you'd gain recruits,
wouldn't you?

Well, don't count on his
being a martyr for your cause.

Admit it.
You cannot win
without Julio's testimony.

It would've made it easier.
But, you see,

I don't have to
prove Paulino innocent.

The State of California
has to prove him guilty

beyond a reasonable
shadow of a doubt.

I hope you'll attend
the trial, Francisco.
You may learn something.

[chattering]

-SHERIFF: Take a seat.
-Thank you.

Take a seat.
Hello, Frank.

You carryin' any weapons?
Okay, take your seat.

You can just take
your seat, ma'am.

The courthouse burnt down
last July, and never did
get it rebuilt.

Thank you.

Hold it.

-Any complaints?
-It is your country.

I do not expect to be
treated as an equal.

-Jarrod?
-Mother, what are you
doing here?

I came to watch the trial.
You don't mind, do you?

Believe me, I can use
all the moral support
I can get.

-Yes, I can see that.
-Oh. Oh, yes.

Don't pay any attention to that.
May get me a little sympathy
with the jury.

Just sit down
right there.

Now, you say that this friend
of yours came running
into this very bar.

I was standing over there
having a few drinks,

and Pete came runnin' in,
and he said--

-Objection. Hearsay.
-He said that dirty Basque
anarchist

gunned down my brother Bill
in cold blood.

Let the record show that
"dirty Basque anarchist"
refers to the defendant.

Your Honor,
I object to any portion
of this hearsay testimony

being admitted to the record.

Let's see where it's going,
and then I'll rule on it.

In my opinion, Your Honor,
the jury has heard

-more than enough already.
-[gavel bangs]

-Any more questions
for this witness?
-Yes.

When Pete Hawkins came running
into this bar,

did he say that he
had actually seen the defendant
sh**t your brother?

He seen that Basque
fire them shots
clear as I'm seeing you.

-He's a liar!
-Order!

-Objection.
-If I have to warn
your client again,

you'll be charged
with contempt.

And I insist, Your Honor,
that you make a ruling
on this hearsay testimony

before it becomes
indelibly engraved
in the minds of the jury.

You'll have ample opportunity
to cross-examine Mr. Miller
on his testimony.

Mr. Miller's testimony,
Your Honor,
is what's at issue here.

He's testifying to what
a third party claims he saw.

If indeed there is
a Pete Hawkins at all.

Why, everybody in town
knows Pete Hawkins.

That's most reassuring.
I'd like to meet
the gentleman myself

right here in the witness box
where he can be
duly cross-examined.

He got himself a good job
up San Francisco way.

He said he'd try to
get down here for the trial.

But if he couldn't--

-I can tell what he saw
almost as good as he could.
-[laughter]

-Order!
-Your Honor--

Counselor!

-[knocking]
-Come in.

Hello, Mother.

-How was dinner?
-Very nice.

As a matter of fact,
I don't remember
what I ordered,

and Adam hardly
touched a bite.

And you know how
he likes food.

-He's very disturbed.
-I can imagine he would be.

He couldn't, or wouldn't,
talk about the trial,
but I think--

-I don't think we
should discuss this.
-I think we have to.

You know, there were times
in court today
when you sounded as though--

when you looked as though
you hated him.

Well, it's-- it's been
an emotional trial.

No, no, no.
It's beyond that.

All right.
If you insist.

Beyond that, I believe that
our esteemed friend,
Adam Cross,

is doing everything in his power
to hang an innocent man.

I don't think
you really believe that.

He's making it difficult for me
to believe anything else.

I was proud that you had
the courage to defend Paulino,

knowing he was an anarchist,
knowing that he stood
for everything you oppose.

I am simply a lawyer
defending a man
on a specific charge of m*rder.

If it takes courage to do
that, then there
is something terribly wrong.

All right.
Then there is something
terribly wrong.

But be careful how you fight it.
Make Adam your friend,
not your enemy.

Make Adam my friend!
Will you forget what
he means to us

and try to remember the man
that sat on that bench?

-A frightened man!
-That's not true! I've known
Adam for over 30 years.

I've seen him face down
a pack of K*llers.

He's not afraid of
the people in Pinewood.

He's not afraid of
the people in Pinewood.

He's afraid of an idea,
a word-- "anarchist."

Believe me, that's an idea
that frightens me too,

but this is no way
to fight it.

I only hope that Adam
sees that before he makes

Paulino a martyr
for a cause we all reject!

No, no,
you are wrong about Adam!
You're judging him!

You're being as bigoted
and narrow-minded
as the people you condemn.

Well, that may be.

But the next time
you see Adam,

tell him this for me:

"That the sworn enemies of law
are fear, ignorance
and violence,

"and we who serve the law
must fight these specters

wherever they raise
their brutish heads."

You won't have to
remember it verbatim.
Chances are Adam will.

He wrote it.

Last night,

a bunch of hooligans

tried to set fire
to the jail.

Now, let me give fair warning
once and for all.

Anyone caught
committing such acts

will be prosecuted
to the full extent of the law.

Now, then, defense counsel
has asked for a ruling

concerning that portion
of Mr. Miller's testimony

as related to Peter Hawkins.

The court rules

that portion of the testimony
is hearsay and should be
stricken from the record.

-The jury will disregard it.
-[murmuring]

How do you disregard something
that is already in your mind,
Mr. Barkley?

JARROD:
You say that on the afternoon
of September 4,

you were nowhere near the ranch
of the deceased, William Miller.

-Is that correct?
-That's right. I was up
in the hills with my sheep.

That's at least 10 miles away
from where Mr. Miller
was k*lled.

And yet you heard
Mr. Miller's brother state

that there was
a so-called eyewitness,

a Mr. Peter Hawkins
who saw you commit the crime.

-What do you say to that?
-If this eyewitness
was here, I would call him--

Object.

Counsel is examining on the
basis of hearsay testimony

already stricken
from the record.

Stricken from the record,
but not before it was heard
in this court--

-Objection sustained.
-Loud and clear
by every member of the jury.

I'd like my client
to respond to that testimony.

-I've already ruled--
-And then His Honor can have
both the testimony

and the rebuttal
stricken from the record.

-Ask your next question,
counselor.
-[murmuring]

Now, you say that you spent
that entire day with your sheep.

Is that correct?

Yes, sir.
From sunrise to sunset.

Well, then, I take it
that you're calling
this so-called eyewitness,

this Mr. Hawkins, a liar.

I swear by everything
I have holy that this man
is a liar. Yes.

And I further plead
that the district attorney
obtain a subpoena

and force this Mr. Hawkins
to come to this court
and testify

so that my client
may face his accuser.

And in so doing, there might be
several interesting questions
that I could ask.

Such as, just where was
this Mr. Hawkins hiding

when he supposedly saw Paulino
fire the fatal shots?

Or why didn't he try to prevent
the m*rder of his friend?

Or failing that-- I object to
the counselor's clever tricks.

He's trying to make the jury
think that somebody else
k*lled Miller.

Objection sustained.

We've already ruled
that Mr. Miller's testimony
is to be disregarded as hearsay.

Let me warn you.
Don't bring it up again.

I beg the court's pardon.

Señor Arietta,
are you an anarchist?

Objection. The defendant's
politics are not on trial.

Politics? I thought
we were talking about a club

that condones m*rder
as a means to an end.

The State of California
is not gonna take
Paulino Arietta's life

just because his politics
happen to be repugnant.

Unless, of course,
the State of California has
rescinded the Bill of Rights.

I will sustain the objection.

The district attorney
will rephrase his question.

Well, now, let me see.

We can't talk about
Señor Arietta's politics,

and, uh, we can't talk about
what an eyewitness
to the m*rder said

because that's hearsay.

Then it makes it--
makes it kinda difficult
to get at the truth.

Now, maybe if-- if the defense
could produce an eyewitness

to testify as to the innocence
of Señor Arietta,

why, I'd be pleased as punch
to hear all about it.

No, sirree.
You'd get no objection
from the State.

Now, as a matter of fact, I--
I think I remember

you-- you had just
such a witness, counsel.

Name of, um,
oh, Julio De Aguerre.

Your Honor,
this is totally irrelevant.

[murmuring]

Señor Arietta, do you believe
in the violent overthrow
of this government?

-JARROD: Objection.
-Objection overruled.

Let's see where he's headin'
before jumpin' him.

-Answer the question.
-Paulino, you don't have to
answer that question.

Mr. Barkley,
I'd like to answer this
question, if you don't mind.

No, sir.
I don't believe in violence.

Except when the laws are bad,
when they don't protect
the common man.

Then you just take the law
into your own hands, right?

Well, if this is the only way by
which I can win justice, yes.

Did you believe
the law of Pinewood
was protecting you

and the other
Basque sheepherders
from the cattlemen?

No, I-- I believe that
the law here is on the side
of the cattlemen.

-Bill Miller was a cattleman,
wasn't he?
-I was told. I didn't know him.

-And that's enough reason
to hate him.
-Objection.

-It's enough reason
for an anarchist to k*ll him!
-Objection, Your Honor.

PAULINO:
I did not k*ll him.
I didn't even know him.

But they threatened us.

They said that they
would run us off the hills.

-They threatened to k*ll
our sheep.
-The law was too slow for you?

-Objection. That's a conclusion.
-So you just took the law
right into your own hands.

You took a g*n into your
own hands, and then you went
hunting for Bill Miller!

-Objection. Leading the witness.
-When he came out of his house,

he mounted his horse,
you shot him in the back!

-Objection!
-You k*lled him the way
you'd k*ll a fly!

Without remorse
and without guilt!

Because you have been poisoned--
poisoned in your heart
and soul

by a foreign
political philosophy!

-Objection!
-Poisoned so you can
no longer reason--

Your Honor, I object to this
entire line of questioning!

DISTRICT ATTORNEY:
A wild animal who kills anything
that gets in his way!

[scoffs]
That's all I've got to say.

Your Honor, I stated
a number of objections which
the bench did not reply to.

-I take it that
they were denied.
-You take it very well.

-I move for a mistrial.
-Denied.

I request permission
to approach the bench
and lay foundation.

-You're in contempt.
-And you, sir, have lost
control of this court

by a series of judicial errors
which have denied my client

so much as a semblance
of due process!

-This court is adjourned
until 10:00 tomorrow morning.
-[gavel bangs]

I request to see His Honor
in his chambers.

I will see defense counsel
in this courtroom
tomorrow morning

at which time
I will rule on his motion.

[murmuring]

I would be impressed
by your performance,
Mr. Barkley,

if we both didn't know
that Julio's sound and fury
signifies nothing,

and that the wheels
of your justice
were long ago oiled

to grind Paulino
into the dust.

[knocking]

-Who is it?
-Victoria Barkley.
May I come in?

-Sit down, please.
-I hope I'm not
disturbing you.

No, not at all.
Can I get you something?

-Coffee, some brandy
or something?
-No, not a thing.

There are certain advantages
to having my chambers
in the saloon.

Thank you.
[sighs]

Adam, last night,
Jarrod and I had words.

If this has any bearing
on the case--

You know what he feels
you're doing.

-Oh, yes.
He's made that quite clear.
-Is he wrong?

Victoria, you know
I can't talk about the case.

Forget the case.
This is between two very old
and very good friends.

Last night, Jarrod said
some things I couldn't--
I wouldn't believe.

But today in court, he--

Well, you tell me.

You tell me, and I'll walk
out of here and never question
you about this again.

-Is Jarrod wrong?
-Victoria, please--

Is he wrong?

You see, it's a most
complex case, Victoria.

It's like an iceberg.
Ninety percent of the issues--

Jarrod says
there's only one issue:
Is Paulino guilty or innocent?

He says you're frightened
of what Paulino represents.

And so, I ask you once again,
is Jarrod wrong?

[sighs]

I'd like to see him.

I'm going back
to the hotel.
I'll tell him.

Ain't that their witness?

ADAM:
I didn't ask you here
to give you an explanation.

There's no excuse
for what I've done.

You were right.
I was frightened.

And frightened men
don't think very clearly.

The simple truth is
that I wanted Paulino Arietta
to be guilty.

And that's a judgment
no judge may make.

I'm declaring a mistrial.

I wish you wouldn't
do that, Adam.

Jarrod, there's no way
of reversing my judicial errors.

I could lecture the jury
from here to eternity,

but I've let bias
be planted in their minds,

and there's no ruling it out
at this 11th hour.

He'll be vindicated
in a new trial.
There's no question about that.

The State has no case.

I can say that now.
I won't be sitting
at the new trial.

He may be vindicated
at a new trial

unless the situation
grows worse.

In which case,
he may not live long enough
to stand for a new trial.

And in the meantime,
he sits in a hostile jail.

[knocking]

-Unless it's very important--
-It's important, Judge.

Very important.
Come in, Julio.

-Mr. Barkley.
-What brought you back?

If I could have a--
a little glass of whiskey.

Francisco told me
Paulino was doomed

with or without my testimony.

He ordered me to run.
He said in this way
I could best serve our cause.

-Francisco was wrong,
was he not, Mr. Barkley?
-He was wrong.

Paulino is innocent.

He was with me
the day Miller was k*lled.

If I testify to this,
Paulino will be freed,
will he not?

-To justice.
-[g*nshots]

He tried to escape.
Busted me over the head.

I yelled for him to stop,
but-- but it was like
he was plum loco.

He never stood a chance
with two of my men
with r*fles there.

He never stood a chance.

Well, I wouldn't feel
too bad about it, Sheriff.

The Basque is dead.

Pinewood is safe
for the future.

And I wouldn't worry
for a second that you
might've k*lled an innocent man.

We ain't never gonna know
that for sure now.

-He's still alive.
-JULIO: Paulino!

He lives! He lives!

DOCTOR:
Some of you men help me
get him over to my office.

Come on.

What's the matter, Sheriff?
Afraid he may live
to tell the truth?

He don't mean nothin' to me.
I was just doin' my job.

He tried to escape.

You saw Julio come into town,
didn't you?

The Basque boy?
Sure. We seen him.

His testimony might've
cleared Paulino.

You think the court
would take the word
of a stinkin' Basque?

-Shut up!
-He's tryin' to make it out

that we shot Arietta
'cause we was scared
he might get proved innocent.

-He tried to escape!
-In broad daylight?

-With his arm in a sling?
-Knowing the street
was full of g*ns

with fingers just itching
to pull the trigger
and k*ll him?

No. No, you can't prove that.

I say he tried to escape.
Nobody can prove different.

Well, that remains
to be seen.

There'll be a hearing,
Sheriff.

In the meantime,
I'll just take your badge.

I'll appoint an interim
sheriff and deputy.

Alive and a free man, Sheriff,

Paulino Arietta
would be living proof

that our American justice
makes us much stronger
than any alien philosophy.

If he dies, you will not only
have m*rder*d an innocent man,

but created a martyr
for the anarchists.

I wonder if men like you
can really understand that.

Thank you, Mother.

Well, you could thank me more
if you would finish your work
and get some sleep.

[sighs]

Here's a gentleman
to see you.

It is late. I hope
I am not disturbing you.

Aw, it's all right.
Thank you, Silas.

I will say what I must say,
and say it quickly.

From the Basque community
to our respected
and honored friend,

Counselor Jarrod Barkley.

Well, I, uh-- I thank you.

Paulino wanted to come
and present these personally,

but the half-dozen
b*llet wounds--

It will take even a Basque a few
more days to fully recover.

I, uh-- I trust
that those sheepskins
are full of good Basque wine?

That will wait on the tasting.

Oh, well, at any rate, it's--
it's more than I expected.

I told my people
to wait on this

until the hearing was over.

I told them that perhaps
it was just another trick

for the benefit
of the gullible Basques--

that you weren't really serious
about trying the sheriff
and the others.

My people feel
you have done enough already.

And what do you think,
Francisco?

I admit I was surprised
when you had that man Hawkins,

up in San Francisco,
indicted as Miller's m*rder*r.

Did you really think that we'd
just disregard his confession?

I don't know what I thought.
I admit it, Mr. Barkley,

you confused me from the first.

Taking on the case,
staying with it
even after we--

after we beat you.

Well, that's all over with now.
Paulino is free.

Won't you join us
in a glass of wine, Mr.--

De Navarre, Francisco.

De Navarre.
That's lovely.

It has been a long, hard ride,
and if it would not be
too much trouble--

-I'll get the glasses.
-Just for yourself, madam.

Just for yourself.

[foreign language]

-To your health.
-Um, I think I'd like
to watch you first.

[foreign language]

-[chuckling]
-[laughing]