Original subtitles

Hang these things right, they won't make a sound.

Hang them wrong, and the noise will drive you crazy.

How's that?

You're getting good at that.

There's only two more windows to go, and we'll be all ready for the winter.

Sure don't feel like winter.

Yeah.

Don't look like we're going to get snow for Christmas this year.

Well, it just doesn't matter if there's going to be snow or not.

Right about that.

Shedder's all done.

Well, that was fast.

You and Dan work well together.

He learns pretty fast.

He's got a good teacher.

Looks real nice, Joe.

Looking forward to Christmas this year.

I think it's going to be real special.

Nick.

I thought it was you.

Everything all right?

Yeah, I... I beckoned someone else.

Plumfield must be a flurry of activity with Christmas so rapidly approaching.

Say that again.

It's been a pleasure, gentlemen.

Thanks for the time, Pete.

Well, if it isn't Ben Reilly's big brother.

I know you. You ain't never been formally introduced.

But I seen you out of school a while back when I was looking for your

You want something?

I'm still looking for that $200 he owes me.

I can't help you there.

Yeah?

I thought maybe you could.

See, I've been looking for your brother for some time.

Figured he might be coming home for Christmas.

I don't know where he is.

I see you're lying.

Just like you lied to me the last time I come looking for him. Hey, gentlemen.

It's Christmas time.

What do you say we keep things friendly here?

Why don't you stay out of this?

Tell your worthless brother I want my cash or I'm going to take it out of his

hide. If it's my brother, I'll kill you. All right, break it up or take it

outside.

Tell your brother he's out of time.

Take it easy, Nick. It ain't worth it.

Don't go looking for a fight. I ain't.

I'm gonna finish one.

Nick.

You awake?

Jeff Webster's here to see you.

I'll be right out.

Can't you tell me what this is all about?

It's best we wait for Mr. Riley.

What happened, Nick?

Looks like you got into a fight.

What can I do for you, Sheriff?

What size boot do you wear?

Ten and a half.

I'd like to see the sole of your left boot, if you don't mind.

What's going on?

Nick, what is this all about?

We found a footprint from a boot very much like this beside the body of Mr.

Lynch.

Body?

He was found shot to death in a back street in Concord last night.

Mr.

Riley, you're under arrest for the murder of Eric Lynch.

No.

He was looking for my brother. Kept going on about the money Ben still owed

from that poker game.

You met him when he came out to Plumfield that time.

So you got into a fight with him at the tavern?

Well, he threw a couple punches when I wasn't looking.

I pretty much seen red after that.

But you didn't kill him, did you?

Nick, this doesn't make any sense. If he came looking for Ben... Ben's no match

for a man like that.

Ben created this problem himself.

And it ain't a problem no more.

If Nick killed someone, it must have been self -defense.

Mrs. Jones said the other man's got Lucille in his holster, which means...

means I don't believe it. Me neither. Nick would never shoot anyone unless

someone was going to shoot him first. That guy that came here looking for Ben

that time, maybe Nick didn't have a choice.

Yeah, he looked pretty mean. And he did start to fight in his house, right?

That's right.

Well, maybe he just lost the temper. But the other man never pulled his gun.

So it wasn't self -defense, was it? Nick ain't no murderer.

I'm gonna talk to him myself.

Nick?

What are you doing here? Get back to Plumfield.

Nick, what happened?

You gotta tell me.

Look, I know you won't kill no one unless it was you or him.

Joe said it was that guy who came out to Plumfield that time. Said he was

looking for your brother.

Is Ben in Concord or something?

Ben had nothing to do with this. He's on a ship halfway around the world. Now

you get home!

Nick, you gotta tell me.

How is she?

She's resting.

Did you talk to Nick?

Yes.

Apparently he was trying to protect his brother.

What do you mean? He's admitted doing it?

Well, no, but according to Joe, he hasn't denied it either.

Still, I can't believe this is premeditated murder.

Murder? I thought Lynch started the fight in the tavern.

He did.

But later in the alley, he never drew his gun. We all know what a temper Nick

has. Poor Joe.

That kind of rage and anger. How will she ever explain this to the children?

Well, we obviously don't know all the facts yet.

But if he didn't do it, why doesn't he just say so?

Let's not lose hope.

What Nick needs most right now is a good trial lawyer.

Upward.

Probably knows somebody.

I'll wire him in New York right away.

I'm sorry to trouble you again, Mrs. Bear.

Mr. Lawrence.

What is it, Sheriff?

Good news, I hope.

I'm afraid not.

We'd like to have a look around, if you don't mind.

For what purpose?

Well, it seems when Mr. Lynch left the tavern last night, he was carrying a

large sum of money and a gold pocket watch that he won at a gambling game.

When we found his body, his pockets were empty.

You're not suggesting that Nick robbed the man?

I'm not suggesting anything, Mrs. Bear.

We'd just like to have a look around.

I can't believe this.

Well, if they don't find anything, then they won't.

It'll only look better for Nick.

His room is in the barn.

I'd like to apologize again, Mrs. Bear, for the inconvenience. I'm sure you

found nothing.

I found this rifle.

Does it belong to Mr. Riley?

No.

He uses it for hunting.

I'm going to have to take it in for closer examination.

What's he doing here, Dan?

Dan, it's all right. They're just leaving. Nick didn't murder nobody, and

got no right to keep him in jail. Dan, that's enough.

Nick didn't kill anyone.

I don't like this any more than you do, son.

Good day, Mrs. Barrett.

No.

Nick didn't do it. No jury will convict him.

If... What were they looking for?

The money in a pocket watch that was stolen from Lynch?

Sheriff Webster don't know what he's talking about.

You talked to Nick?

Yeah. He said to go back home and don't worry about it.

But I know he's holding something back.

Like what?

I don't know.

But I'm not going to give up on him like everyone else. Because I know it didn't

happen the way they think it did.

Maybe the gun went off by accident.

Could have.

Well, then why doesn't he just say that?

Hey.

What's that?

Looks like a letter from Ben.

Let me see that.

Hey.

Sorry for the way things ended up last time I seen you.

Don't know why I always act so crazy when all you're trying to do is help.

Been back in Boston for a while now.

I see I knew it wasn't on a ship.

With Christmas coming and all.

I thought I might come out to Concord next Friday.

Friday? That was yesterday.

Ben came to Concord looking for Nick last night.

That's why Nick went to the tavern. Yeah, Ben was supposed to meet him

but in the city he ran into Lynch who wanted his money. And Ben got scared and

shot him.

That's why Nick is doing it.

He knows that Ben killed Lynch, and he's just trying to protect him.

But where is he?

He probably went back to this hotel, the Claremont.

Yeah, yeah, I know where that is. It's south end of Boston. Yeah.

Hey, Dan, where are you going?

I'm going back to Boston.

We don't even know if he's there.

Maybe we should just tell the sheriff.

The sheriff's already made up his mind.

Don't worry.

I'll be back by sunup.

Wake up in there.

I'm coming.

I'm coming.

Hurry up.

All right.

All right, middle of the night.

Nick's been arrested for murder.

Dan.

Murder?

Is that some kind of joke? Is Nick with you?

Nick's in jail because of you.

What? You killed Lynch, didn't you?

You were on your way to go see Nick when Lynch finally caught up with you to

collect the money you owe him. What are you talking about?

You killed him, robbed him, and took off again like the coward that you are.

I ain't left Boston in a month, little man. You've got to turn yourself in.

For what? For murder.

Get out of my way. You killed him. I came for this.

I didn't kill nobody.

You got a visitor.

Ben, what are you doing here?

We got to get you out of here, Nick.

I think you got to tell him it was self -defense.

I mean, maybe Joe can help get you a fancy lawyer and he can tell him what a

crazy lunatic Lynch was.

It's got to help make it seem like you had no choice.

That's what happened, right?

You gotta be kidding me.

What are you talking about?

Lynch was looking for you.

Yeah, I know.

I saw you, Ben.

Down and over his body.

Oh.

What? I called out to you, but you took off.

What are you talking about, Nick? I had nothing to do with this. I was playing

cards in Boston.

Playing cards?

You got witnesses?

Yeah. Well, bring them in. I'd like to talk to them.

I can't.

Listen, Nick.

I left early so that I could come to Concord.

And I fell off my horse because I was drunk.

I fell off my horse. I was drunk.

Tell me the truth, Nick. I don't want to hear it.

You've been telling lies your whole life, Ben.

I get it.

Once a liar, always a liar. Is that it?

So you're going to try to pin this on me?

I'm going to pin this... Who's in jail, Ben?

Get out. Get out of here. You make me sick.

Merry Christmas to you too, Nick.

Hey! Do something with your life!

Thank you so much for coming.

Well, thanks unnecessarily, Joe.

Pleasure to be of service.

We have charge, I might add.

Oh, my, that's very kind of you.

I've spoken with Nick, and quite frankly, he's not being very forthcoming

the details, but from what he has said, I think I can make a case for self

-defense.

And he's agreeable with that.

But it's not going to be easy.

Well, I should say not.

I mean, the other man didn't even pull his gun. Well, the other man is the key.

You see, I've...

learned that Mr. Lynch had a reputation for his belligerence.

Now, he may not have drawn his gun, but chances are he went for it. And given

what happened earlier that evening at the tavern, I would argue that that was

enough for Nick to shoot him in self -defense. Of course, it all depends on

jury. And I understand that Eli McBride will be prosecuting. Oh.

And he can be a considerable adversary in the courtroom, as you can imagine.

And we all know how fond he is of Nick.

Edward.

I think you know Dan and Nat.

They have a letter they'd like to show you. It's written to Nick from his

brother.

We think Ben might have killed Lynch.

Has anyone spoken with Ben?

I did.

Said he didn't do it.

I don't believe him.

I'll talk to Nick about it.

That's for the letter. It doesn't prove anything.

And before I go accusing someone in a courtroom, I need solid evidence to back

up my allegations.

Well, kind of evident.

Well, if Ben had the murder weapon, for instance, or was in possession of the

gold pocket watch and the money that was stolen, or if it could even prove that

he was in town the night of the murder.

Edward, there's so much I feel like I should tell you.

But I know this isn't the time.

Yes, it...

It ended badly.

Thank you so much for what you're doing for my family.

Perhaps we can find a time to talk.

I'd like that very much.

Whatever happened in that alley that night, the truth will come out.

Nick Riley is a violent man.

He has a history of violence.

And we will show that on the night when he rushed from the tavern in pursuit, he

had only one thing on his mind, to find and kill Eric Lynch.

We will show that his actions were planned and deliberate.

For when he found...

Eric Lynch, Mr. Riley, already had his rifle in his hand, and his violent

led quickly to murder.

What are you doing?

Oh, I'm drawing Nick's brother.

What do you think?

That's pretty good.

What's it for? If we could prove that Ben was there the night Lynch was

murdered, Nick's lawyer could use that in court.

I'm going to take this sketch down to the Chronicle office, get Mr.

Bridger to make some copies, and start asking everybody in town.

Someone must have seen him.

When Mr. Lynch confronted Mr. Riley at the bar, he was clearly looking for a

fight. Mr. Riley backed away.

But not too far away.

Mr. Lynch was... started making threats against his brother.

And what was Mr. Riley's response to this?

I... I don't recall.

It happened very quickly.

Come now, Mr. Bridger.

A newspaper editor who can't recall what somebody said.

Let me remind you, sir, you're under oath.

Did he not say, you touch my brother and I'll kill you?

Answer the question, Mr. Bridger.

Yes. And when you tried to stop him from pursuing Eric Lynch into the street

with murderous intent, what did he say then?

He said that he wasn't looking for a fight.

He was going to finish one.

I remember him.

He was in here a few months back.

How about the night Lynch was killed?

No. Well, now that you mention it, I do remember hearing Nick say he was waiting

for someone.

You sure Ben never came in later?

The place pretty much cleared out when Nick went after Lynch.

About half an hour later, I was closing up and I heard the gunshot.

What if when Nick went after Lynch, you didn't find him?

Bend in, shut him down.

Could be.

Thanks. Mr.

Dobkin, did you hear Mr.

Riley threatened to kill Eric Lynch?

Yes, sir, very well.

I was sitting at the poker table a few feet away.

And did it sound like a serious threat?

Well, I would say so.

If the bartender hadn't have stepped in when he did, it might have ended right

there.

Thank you.

Afternoon, Mr.

Dobkin. I'd like to ask you a few questions about Mr.

Lynch, if I could.

Did you know him well?

I never met him till that night.

And what was your first impression?

A little rough around the edges, but he seemed all right.

So he seemed all right when he was winning all your money and your

gold pocket watch?

Well, yes.

And what about when he confronted Mr. Riley at the bar?

I mean, you'd have to agree that he was...

Provoking him, looking for a fight.

Yes, I would agree with that.

And what about when he viciously punched Mr. Riley when Mr. Riley had his back

turned? What did you think then?

I don't know. I guess I thought he could be pretty dangerous.

Pretty dangerous.

Would it surprise you to learn that that's how everyone who knew Mr. Lynch

remembers him?

Your Honor, Eric Lynch is not the one on trial here today.

Sustained. Did you also know that on two occasions Mr. Lynch served time in

prison for assault? Your Honor. Mr.

Trenton, that is enough.

Yes, Your Honor.

That'll be all, Mr. Dobkin.

I've been asking everybody who comes in, but nobody's seen him since he was in

town a few months back.

But you're welcome to leave the signs up in the window for as long as you want.

Though I'll be closed over the holidays, so it won't do you any good, I'm

afraid. But Merry Christmas to you.

Merry Christmas, Mr. Goose.

No use. We're never going to find him.

We ain't giving up.

That's what we ask everybody in town.

Not even then.

Dr. Pierce, this rifle was taken from Mr.

Riley's room.

Can you tell the court, please, exactly what you discovered when you examined

it? I found traces of black powder around the muzzle, indicating that it

been recently fired.

The autopsy which you performed on Eric Lynch has revealed that the bullet which

killed him was fired from a .44 caliber rifle.

What caliber is Mr. Riley's weapon?

44.

Thank you.

Besides Winchester, Remington, Stevens, Henry, and Sharps all make a .44

caliber rifle.

Were you aware of that, Dr. Pierce?

Yes. Well, then you must also be aware that the .44 caliber rifle is the most

common weapon available on the market today.

Yes.

So then it's possible this was not the murder weapon at all.

It's possible.

Your Honor, I think everyone in this room understands that almost anything is

possible. Our purpose here today is to discover what is probable.

I agree, Mr. McBride.

And as the hour is late, and two days hence is Christmas, We will resume this

trial in 10 days' time to continue our task.

This court is adjourned.

don't seem like Christmas Day, does it?

Not even any snow.

Where is everyone?

They're upstairs.

They don't feel like celebrating.

Where are you going?

Into town.

I gotta keep looking, Mrs. Jo.

Talk to everybody I can.

I

think

that I know Nick Riley better than anyone else in that courtroom.

And I can assure you that I would never have hired him to work in my school if I

thought he were capable of this crime.

But some people might say that is only your opinion, Mrs. Bear.

No, that is not only my opinion.

I would say that that is the opinion of everyone in this town who knows Nick

Riley.

Even those who saw him that night.

They might tell you that he'll get angry.

Or maybe even that he has a temper.

But they'll also tell you that he is not a thief.

And he is not a cold -blooded murderer.

Thank you, Mrs. Bear.

Mrs. Bayer, let's talk about Mr. Riley's temper, shall we?

You've been a witness to it yourself, I believe.

Yes, I have.

Did it frighten you?

Yes, I suppose it did.

Have you ever seen him lose control?

No. Are you quite sure about that? Might I remind you of an incident

just last Christmas when Mr. Riley punched a young man?

Quite senseless. That man was beating his wife.

Nevertheless, one can only imagine what might have happened had you not

interceded. Objection!

Your Honor, this is wild speculation.

It's the same.

If the bear may choose to ignore the murderous temper of Mr. Riley, this jury

certainly cannot.

Your Honor! Mr. McBride, that is enough.

The jury will disregard Mr.

McBride's last remarks.

Well, it all comes down to you taking the stand, I'm afraid.

So we need to go over it very carefully.

Don't worry. I know what I'm going to say.

Yes, but we still need to review it.

Remember, McBride is going to try and trap you anywhere he can.

Well, maybe I shouldn't take the stand then.

No, no, no, no. You have to testify.

Nick, there's nothing to be afraid of. You just have to tell the truth.

The truth.

It's not going to be a problem, is it?

No. We've asked almost everybody in town, and no one saw him in Concord that

night. There must be something else we can do.

Well, we better come up with it quickly.

Ancho says the trial's only going to last a few more days.

Maybe if we could find Ben, he has a pocket watch he stole or something.

Ben hasn't been back to the hotel room in Boston since the last time I was

there. Well, did he leave anything behind?

No.

But the night Lynch was murdered, Ben was gone for most of the day.

It was nearly five in the morning before he got back to the hotel room.

That would have given him plenty of time to get to conquering back.

But, Dan, nobody saw him in town.

And as much as we want to believe it's true, if it isn't, it isn't. It is.

Nick didn't do this.

And no one is ever going to change my mind about that.

Yeah,

I knew it.

I think... I think you should talk to him, Joe.

I can't think of anyone else you'd listen to.

You can do him, Mr. Joe.

Ben had nothing to do with it.

I don't believe you.

Please, Nick.

By the time I caught up to Lynch that night, he was already dead.

Ben was standing over him.

What? You saw him do it?

I got there just after.

I called out to him, but he took off.

Are you sure it was him?

He came to see me.

Here?

Yeah.

He said he didn't do it. He swore up and down. He was somewhere else.

Then I caught him in a lie.

And you're going to throw your whole life away for him.

The trial ain't over yet, Joe. I could still walk away from this.

Or you can hang.

If I give Ben, I'll peel hang for sure.

Why do you feel like you owe him so much?

What has he ever done for you?

It was his idea to go to sea.

And that turned my life around.

And how does that compare to giving up your future?

Your dreams?

I could have been there for him. You were there for him.

You raised him after your parents died.

That's right.

And when Lynch came gunning for him, I wasn't there. I'd pushed him out of my

life.

He has done nothing but cause you sorrow and heartache.

You think he wanted to kill him?

Think he wasn't scared out of his mind? Ben hates guns.

He knew Lynch was coming for him. Knew he didn't have a chance without one.

He's my brother, Joe.

I don't recall seeing this man.

But I was playing poker that night. Wasn't really paying attention to

else.

You were playing poker with Link?

That's right.

He cleaned me out.

Pocket watch and all.

You sure you haven't seen this man?

It's real important.

How about after Nick went and looked for Lynch?

No one came in after that.

I sat there and finished my drink a little while later.

I heard the shot.

Sorry, boys.

After Mr. Lynch punched you, you left the tavern.

to go looking for him. Is that correct?

Yes, sir.

Can you tell us what happened next?

Mr. Riley, can you tell us what happened when you left the tavern in search of

Mr. Lynch?

I found Lynch in an alley.

I tried talking to him, but he turned on me and went for his gun.

Mr. Lynch went for his gun first.

Yes, sir. I wouldn't have shot him if he hadn't tried to kill me first.

Thank you.

Mr. Riley, when you came upon Eric Lynch in that alley and he went for his gun,

which hand did he use?

His right.

Where exactly was the gun?

In his shoulder holster.

And so the holster would have been on his left side.

That's right.

Would it interest you to learn, Mr. Riley, that Eric Lynch was left -handed?

His holster was on his right side.

Well, whatever side it was on, he still went for his gun first.

Indeed.

Ben?

Ben? Ben, wait, please.

If you did this, you have to say something.

I didn't do it, Joe.

You got to believe me that if I did, I would stand up.

Nick has been beating himself up ever since that.

He said that he wasn't there for you when you needed him. Is that true?

No. He's willing to die for you, Ben. Can't you see that?

Gentlemen of the jury, have you reached a verdict?

We have, Your Honor.

The defendant will please rise.

We find the defendant guilty of murder in the first degree.

Have you anything to say before I pass sentence?

No.

Having been found guilty of murder in the first degree, this court has no

alternative but to sentence you to death by hanging.

May the Lord have mercy on your soul.

Wait!

Uh, Nick didn't kill no one.

Ben, what are you doing? I did it. I killed Lynch. Ben, stay out of this.

I was coming to Concord for Christmas to see Nick, and I ran into Lynch on the

path.

I owed him some money, so I gave him all I had. He wanted my horse and saddle,

too.

So I shot him.

Cleared out his pockets, headed back to Boston.

I'll sign any confession you want.

Nick was just trying to protect me like he always does.

Take him away.

Ben.

Why, Ben? Why?

This is more like the way it should be, ain't it?

Me on this side, you over there.

Why'd you come back?

I couldn't just leave you hanging, Nick.

You signed a confession, Ben.

They ain't even gonna give you a trial. They're just gonna take you out first

thing tomorrow morning and hang you.

I couldn't afford no fancy lawyer anyhow.

You think this is funny?

Well, it is.

Kind of when you think about it.

All my life, you've been telling me to act responsibly, and now I finally am.

I couldn't just let you take the fall for me. Nick, you've been doing that my

whole life, sticking up for me, fighting my battles, paying my death. I never

amounted to much, but that ain't your fault, Nick. That is just me.

That ain't true, Ben.

Yeah, it is.

But that's all right, because now I'm finally doing something that I can be

proud of.

You should have just kept going.

Yeah, and had my whole life ahead of me.

I'm real scared, Nick.

You've always been there.

But now it's really up to me.

Hey.

Hey, Mrs. Joe.

You were the only one who didn't question Nick's innocence.

Even I doubted him.

But you stuck by him. You never wavered.

It took a lot of courage for Ben to do what he did today.

But it was the right thing to do.

Was it?

No.

Ever since the trial began.

Even searching for evidence to pin the shooting on Ben.

I must have talked to every person in town.

But no one saw Ben and Conker until two days after Lynch was dead.

Well, maybe no one remembers seeing him.

No one at all?

That's not like Ben would have been hiding or nothing.

Just would have went to the tavern and looked for Nick.

Someone would have seen him.

Dan.

Nick saw Ben standing over the body.

He saw Ben do it?

No. He was already dead.

Maybe Ben didn't kill him either.

Maybe he just came by and found the body just like Nick did.

Damn. Mr.

Joe, please.

Just hear me out.

Ben says he took the money and the watch, but where is it?

So then I started thinking about the pocket watch, and I remember me and Nat

talked to the guy who lost it.

He also lost all his money to Lynch that night.

The thing is, I think he lied to us.

What do you mean?

Well, he said he heard the gunshot in the tavern.

But the bartender said that the place was empty and that he was closing up.

Dobkin wasn't in here. No one was. Just me and the empty chairs.

Why are we live at that?

Does he live in Concord?

He said he was from Chicago.

Professional gambler.

Professional gambler?

He's got a room upstairs.

Anybody home in there?

He isn't here.

What are you doing?

We're not done, Joe.

Well, it looks like he's packed and ready to leave.

For today.

We need to get close.

Anything you want to say?

I guess I should say sorry to my big brother for all the trouble I've been.

You promised me you won't go blaming yourself for the way things turned out.

You were a good teacher, Nick.

I just didn't learn very well.

Those kids you've got now are going to turn out fine.

Stop! Wait!

You can't hang this man.

This watch belongs to Henry Dobkin.

He lost it in a poker game to Eric Lynch.

He found it in his hotel room.

Which means he very possibly may have shot Lynch to get his watch and his

back.

There he is.

Thought you were going to get away with it, didn't you?

Get him out of here.

Well, you don't get much closer than that and still walk away.

You were going to die for me?

I was just taking after my big brother.

So the man Nick saw standing over the body was Dobby?

Exactly.

But why'd he stay in town so long after he did it?

Well, if he'd have run off right away, it would have attracted suspicion.

So he had to bluff it out.

Consummate gambler.

Good to have you back.

It's good to be back.

Ben, you're more than welcome to stay as long as you like.

Thank you, Joe.

Dan, you don't mind if I stick around for a while?

Not at all.

You saved my life, little brother. I don't know how I'm going to repay you.

At least I can do for calling you a coward.

You called him a coward?

Wasn't very nice.

Come on, you guys.

Oh!

Merry Christmas!

Well,

I know it's a few days late.

But I still think it's going to be a wonderful Christmas.

What's that?

Nothing. Go back to bed.