Original subtitles

Why, I know you. You'’re--

Inside.

[ door closes ]

The safe.

Now, which is the box?

♪♪ [ trumpet ]

Howdy, folks. I'’m the Old Ranger.

Yes, Jansen recognized the man who stole his moneybox that night.

About everybody in San Francisco in 1851

knew the bearded face of Jim Stuart

sketched on the wanted posters.

And everybody read newspaper stories of his brutal crimes

of robbery and murder.

Even in a town where crime was pretty common,

the citizens were shocked and enraged

at the man later to be known as...

Sure, they said it was James Stuart.

That don'’t prove a thing.

Leave my mug, Mrs. White.

Stuart escaped from Sacramento Monday.

But he ain'’t no fool. He'’s not coming back here to San Francisco.

Not with all they got on him here.

And that brutal crime looks like him.

Men, Jim Stuart!

Jim Stuart! They got him!

They got Jim Stuart!When?

Come on.I'’m not Jim Stuart...

Get his arm.

Sorry, Doc. Jansen'’s gotta tell us if this is the man.

I'’m not sure that Jansen can tell anyone anything.

He'’s dying.

You'’re gonna come, quietly.

My name is Burdue, not Stuart.

I'’ve been arrested three times '’cause I look like this Jim Stuart, but I'’m not.

My name is Tom Burdue!

All right, drag him.Very low.

He'’s gotta be questioned.But...

Jansen, look--Please, I can'’t let you--

Sorry, Doc.

Jansen, look. Look at this man.

Jansen, is this him?

Jim S-S-Stuart...

Is this the man?

DOCTOR: All right.

But I'’m not-- I'’m not Stuart, now.

That'’s it. He told you I'’m not Stuart!

He'’s the man.

MAN: How long did you know him?Why, about two years.

Rented a room from me. Lived in my house.

MAN: And you'’d say you saw him almost every day for two years?

Well, I know he'’s Stuart, Judge,

and I can prove it.How?

He has a stiff finger--

this one-- on his--

I think it'’s on his right hand.

Deputy, bring the prisoner forward.

Put your hands up here.

Now, make a fist with the right hand.

There are no stiff fingers on the right hand.

Now the left hand.

Well, uh, I'’ve got a felon behind a nail on this one.

Make a fist with your left hand.

Deputy, show that finger to the jury.

[ murmuring ]

[ no audible dialogue ]Really?

Yes. Right away.

Right or left hand, I wasn'’t sure,

but, uh, I knew he had a stiff finger.Yes, yes.

There'’s another way I can prove it, Judge.

Uh, you'’re excused. Come back tomorrow morning at 9:00.

But I know how you can be positive.

We'’ll hear the rest of your testimony tomorrow morning. You'’re excused.

[ door closes ]

[ door opens ]

[ door closes ]

Will you state your name, please, madam?

Mrs. James Stuart.

[ murmuring ]

Well, Mrs. Stuart, you understand

that no one can make you testify against your husband?

That is, if this man is your husband.

Well, I didn'’t come here to testify against my husband,

against anyone.

I came here to testify for an innocent man...

if this man is innocent.

Take the stand, please.

[ murmuring ]

Do you swear to tell the truth, the whole truth, and nothing but the truth,

so help you God?

Yes, I do.

With counsel'’s consent, I'’ll question this witness myself.

Mrs. Stuart, how long have you been married?

Nine years.

Would you look at that man sitting over there, please,

and tell the jury if he'’s your husband?

He looks like him.

Exactly like him, but...

But what, Mrs. Stuart?

My husband left me eight years ago,

just before our boy was born.

I haven'’t seen him since.

I'’m just not sure now.

If I could talk to him...

Counsel?

Mrs. Stuart, if I permit you to see the prisoner,

will you return to this court tomorrow morning and take the stand?

Yes.

All right.

Mrs. Stuart is permitted to see the prisoner this evening in his cell.

Court'’s adjourned until 9:00 tomorrow morning.

[ gavel bangs ]

Be right down the corridor, ma'’am.

[ lock clicking ]

Jim...

Oh, Mrs. Stuart,

I appreciate your coming into court today,

and I appreciate your coming here this evening too.

And I imagine it'’s a little bit difficult for you,

but you'’ve got to know I'’m not your husband.

I'’m, uh, uh, Tom Burdue.

Married, uh...

Wife, two children in Australia.

And I'’m not Jim Stuart,

and you'’ve got to go in there tomorrow and tell them so!

I'’ve got to?

Gotta do this, I'’ve gotta do that.

That'’s the way Jim Stuart always talked.

Well, I'’m sorry, Mrs. Stuart...

but, uh, my life depends on what you say in that courtroom.

So simple, isn'’t it?

All I have to do is go into that court

and swear that you'’re not my husband.

You want to see an innocent man hang?

And I don'’t want to perjure myself to save a guilty one.

Least of all Jim Stuart.

I loved him.

Perhaps you know how much.

But I owe him nothing.

How much can you owe a man for years of cruelty and desertion,

and making my little boy the son of a murderer?

Mrs. Stuart...

[ clears throat ] I want you to look at me,

and look into my eyes.

Brown.

Jim'’s eyes were brown.

Your husband is a killer, a murderer--

cold blooded and ruthless.

What he is is written in his face, in his eyes.

Now, you look into my eyes, Mrs. Stuart,

and you tell me I'’m a killer.

Jim!

Hello, Julie.

They'’ve arrested a man they think is you.

Yeah. So I hear.

I went to the courtroom today to see him,

then to the jail.

I thought it was you.

You tell '’em that?

No. I'’m supposed to go back tomorrow.

[ grunts, sighs ]

Good. Good.

Go back and tell '’em it's me,

the fella they'’ve got's your husband.

You can'’t mean that.

Yeah, I mean it, all right.

Not for me either. Not even for you.

For my son.

My son has nothing to do with it.

He'’s mine, too, honey.

Ain'’t no sense in fooling ourselves.

Once they find out who he is, they'’ll never give him a chance.

He'’ll have his chance. I'’ll see to it.

Somebody will always know.

They won'’t know.

I'’m using my maiden name for him too.

He was baptized under my maiden name.

Oh, honey.

You told '’em in court today

that you were my wife.

Well, then, I'’ll move him away from here.

They'’ll follow you wherever you go.

As long as they think I'’m still alive,

they'’ll watch you and they'’ll watch him.

They'’ll check your friends,

and they'’ll check where you work

'’cause you went and told them you were my wife.

Now, you gotta go back over there and tell them

that fellow they'’ve gotis me.

I can'’t, Jim.

I can'’t let them hang an innocent man.

I know. I know it'’s hard.

It'’s asking an awful lot.

But there'’s a lot at stake.

Chance to wipe everything clean

and start fresh.

The three of us.

With no more trouble.

No trouble, Julie, ever again. I swear it.

I'’m sorry, Jim. I can't. I want to, but I can'’t.

It'’s my last chance, Julie.

No, Jim.

We have enough blood on our hands.

All right.

All right.

Jim...

[ chattering ]

[ chattering stops ]

Is Mrs. Stuart here yet, Officer?

That'’s it, Your Honor.

Well, we'’ll continue with the witness we interrupted yesterday.

Take the stand, please.

You'’re still under oath.

The jury will recall that yesterday, this witness testified

that Jim Stuart had a stiff finger on his right hand.

Well, the prisoner was discovered to have a stiff finger

but on his left hand.

I said I wasn'’t sure, right or left.

But there'’s one way you can be positive he'’s Stuart.

What'’s that?

Probably the reason he wears a beard.

Jim Stuart has a scar on his right cheek.

[ murmuring ]

The court orders a 15-minute recess

while a barber can be summoned to shave the prisoner'’s beard.

Object. Your Honor, this court has no right

to subject the prisoner to such procedure.

In the absence of precedent either way, the court will assume the right.

Your Honor, I object.

[ no audible dialogue ]

Your Honor, the defense withdraws its objection.

The witness has testified that James Stuart

had a scar on his right cheek.

Well, in order to spare the court time and trouble,

the prisoner admits

that he, Tom Burdue,

by the most incredible coincidence,

also has a scar on his right cheek.

The defense now asks that Mrs. James Stuart

be called to the witness chair.

Uh, you'’re excused.

Mrs. Stuart.

[ door closes ]

[ murmuring ]

Mrs. Stuart, I told you yesterday

that you need not testify against your husband.

I remind you of that now.

Under the circumstances, do you wish to step down?

Yes.

[ loud murmuring ]

Mrs. Stuart, you'’re not my wife.

Sit down. Sit down.You'’re not my wife! You tell '’em that!

Where'’s my boy?

Next door, playing with the neighbor'’s child.

You haven'’t packed anything.

They'’re gonna hang him, Jim.

You had nothing to do with it.

Nothing.

The judge told you you'’re not expected to testify against your husband.

That'’s the law, honey.

Now, forget it.

We'’re sailing tomorrow night.

Aboard a clipper ship-- the Star of Rangoon.

Julie, listen to me.

I'’m listening.

Star of Rangoon.

You meet me tomorrow night, 8:00, Pier 3.

Passage is all booked.

I'’m afraid you're gonna have to bring the baggage down yourself.

And in the meantime, why, you might as well go out

and by yourself some-- some clothes.

Something nice and pretty to travel in, hmm?

Where did you get it?

I got it,

and that'’s all that matters.

And you booked passage too?

Mm-hmm. Everything'’s all taken care of.

Where did you get the money, Jim?

Just forget it, honey.

But you said Jansen'’s money was all gone.

I said, "Forget it."No, Jim.

Where did you get the money?

All right.

I borrowed it.

$5,000.

From whom?

You wanna check up on me?Yes.

Well, I'’m afraid you can'’t this time.

That fella isn'’t around anymore.

He was a ship captain, and he'’s gone.

You stole it, Jim.

I swore to you last night on the life of our son--

Stop lying to me.I am not lying.

He was a ship captain.

We needed a stake.

Something to get started on.

So I-- I borrowed.

But it'’s over and done with,

and it'’ll never, ever happen again.

You didn'’t hurt anybody?

[ sighs, chuckles ]

No.

Now, that'’s the end of it. I'’ve got to go now.

Now...

tomorrow night...

Pier 3, 8:00.

Tomorrow night.

BOY: Extra! Paper!

Boat robbed in bay! [ whip cracks ]

$5,000 robbery!

Extra! Paper!

Driver, stop. I'’d like to get a newspaper.

[ mutters ]

Thank you.

Extra! Paper!

Boat robbed in bay!

$5,000 robbery!

Extra! Paper!

Take me to the police. [ clicks tongue ]

[ hoofbeats approaching ]

Where'’s the boy?

I'’m not going with you, Jim.

[ cocks gun ]

Don'’t worry. They ain'’t gonna shoot you.

Hold it!One more killing ain'’t gonna make my hanging any worse.

The whole pier'’s surrounded, Stuart.

You haven'’t got a chance.

I'’ll see you at the hanging.

Once before, when Burdue was mistaken for Stuart and arrested,

he wrote his wife in Australia.

"My physical resemblance to the notorious Stuart is uncanny.

I only pray it will not someday prove fatal."

Now, speaking of writing, in the old days,

they didn'’t have postcards in San Francisco.

They had these they called "letter sheets,"

put out for special occasion.

Like the hanging of Jim Stuart on the Market Street Wharf,

July 11, 1851.