Original subtitles

[ all chattering ]

Morning, Stacey.

♪ [ trumpet ]

Howdy, folks. I'’m the Old Ranger.

Just around the bend of the Yuba River in California,

George Kelsey set up his Round Tent Saloon

back in 1850.

Now, in those days, there was but one law,

the Law of Judge Lynch.

Men were hanged or whipped

or tarred and feathered

without the benefit of trial.

That'’s the way it was

until a man named George Kelsey came along

and established...

GEORGE: All gamblin'’ will stop for a few minutes.

Ain'’t gonna be no more drinking either.

This is now a court of law.

Uh, Dirty Neck Wiloby.

Come on up here to the bench.

What'’s happening, George? What'’s the charge?

Running out on your wife

and cheating at cards.

Now, looky here, George.

You know I ain'’t never cheated at cards.

Yeah well, you didn'’t deny the first charge.

Willfully leaving your wife at your diggings

to face the Injuns, helpless.

Helpless?

Them Injuns are scared sick of my old lady.

[ men laughing ]

This court feels that a wife

has got to be cherished and protected.

And it finds you guilty of wife um...

a-abandonment.

Fine will be $100 to be awarded to Mrs. Wiloby.

She told you what I come in here with.

Well, I ain'’t got but about 30 of it left.

Least that proves I ain'’t been cheating at cards.

I um...

Law is how I wronged you, Dirty Neck,

so I'’m gonna fine myself $70 for that slandering statement.

Money to be awarded to you.

That'’ll give you enough money to pay your own fine

and uh, I guess we'’re even.

Court'’s adjourned.

All you gentlemen can now resume your drinking and gambling.

Thank you, Mr. Kelsey.

That was a dirty deal, George.

At least you owe me a drink for it.

Now, you know I don'’t serve drinks

to a man who'’s been accused of cheating at cards.

I'’d advise you, Dirty Neck, to go on back to your diggings.

And take care of the little woman.

Now you stop that, you hear me?

You'’ve got some nerve coming in here

and trying to take advantage of us.

Why, you no...

Now you listen to me. I'’m gonna throw you out that door right this second,

and don'’t ever show your face again.

Let him alone, George. I can handle him.

What'’d he do?

He tried to pick that man'’s pocket.

I saw him.

I guess you know your way out of here.

That'’s the third one today.

Thieves, card sharks, murderers.

They keep on arriving.

And the worst is yet to come.

Well...

Every ounce of gold these miners pan

is just gonna buy more trouble.

So I suggest you tend to your tables

and leave the bunco artists up to the boys.

Why, I think it'’d be a very good idea

if you took your own advice.

Never take my own advice.

Then you should'’ve taken mine.

I told you that kangaroo court you hold

would bring nothing but trouble.

Luke and Boston.

They'’re waiting over there. They wanna talk to you.

You, uh, gentlemen wanted to talk to me?

Yeah, we'’d be obliged if you'’d answer

a few questions for us, George.

I'’ll be glad to.

Uh, George...

Let'’s say this was a real court of law

and you was a real judge.

And let'’s say that Luke here stole a horse.

Now, what would be the consequence?

Legal, that is. Not the Law of Judge Lynch.

Well, a lot would depend on the horse.

Now if it'’s a bad horse, um, that would be larceny.

Let'’s say six months.

Now if it was a very fine, grand horse,

grand larceny.

Two years in jail.

George...

Boston here loaned me some golden dust,

and I says I ain'’t about to pay up.

What then?

Are you two gentlemen in some kind of trouble?

No, George, but answer his question.

What you say now is important.

Well, that would be a civil case.

Uh...The magistrate would order

Luke to pay.

If he didn'’t, the court would grab his property.

They call that "confiscation."

BOSTON: Well, George,

this town is growing too big for its britches.

Now we aim to become a municipality.

We'’ve formed a citizens council

and nominated Doc Mason for Mayor.

Got a name for it. Gonna call it "Washington."

Kinda patriotic-like.

I think it'’s a good idee.

And George...

being as you know the legal business

from A to Z,

and you'’ve had a lot of practice judging--

[ chuckles ] The council

is appointing you as a real magistrate.

Legal and all.

Well...

I'’m...

much obliged for the honor, gentlemen,

but I ain'’t rightly the correct man.

No, you'’re wrong, George.

We need you.

But the thing is...

I learned about the finer points of the law

in the same manner that a deer learns

the finer points of deer hunting.

I, uh, did time in jail.

Well, I don'’t reckon that matters much.

Leastwise not to me.

Or me neither.

Being in jails mean you know even more about the law.

The important thing is you'’ve got the knowledge.

And you got the only place big enough for a courthouse,

for one thing more.

The Mayor says you'’ve got to have a coat for judging.

You got a coat, George?

I have indeed.

Got one that'’ll suit just fine.

Well those are the real important things.

[ all cheering ]

I sure wish the judge would hurry,

he'’s holding up the speeches.

Oh don'’t worry, he'’ll be here.

WOMAN: Well...

How are things on the riverboat, Colonel?

You'’ll mind your tongue, I'’m a full-fledged judge now.

Demand a little respect.

My, my, my, my.

You'’re almost as pretty as I am.

Thank you.

I'’d be mighty proud

to escort you to the festivities.

[ people cheering ]

[ gunshot ]

[ gunshot ]Ooh.

The men seem to be taking their celebrating seriously.

Don'’t sound like no celebrating to me.

[ gunshot ]

I better see what'’s going on.

You wait here. [ gunshot ]

[ gunshots ]

Who is it?

Tim Loker and some stranger, George.

Get yourself a gun, councilman.

We'’re gonna stop this.

Sure thing, George.

Judge.

Lend me a handgun, Fred.

Tim!

Timothy Loker!

Put up that gun.

[ gun clicks ]

[ gun cocking ]

The varmint made off with my burrow, pack and all.

Tim, I asked you to put down your gun.

You kept right on shooting.

And I said the man made off with my burrow.

My best luck. Look how my gun fits this leather.

Besides, there'’s a heap of folks around here

can tell you this burrow is mine.

Well, that don'’t give you no cause to go around killing people.

Well, I can'’t say as how I agree with you.

George, what'’s gotten into you?

Well, things are about to change here,

that'’s what's got into me.

I'’m sorry, I'm gonna have to ask the councilman

to take you in.

Luke.

You'’re under arrest, Loker.

According to who?

According to the council of the town of Washington.

[ laughs ] This ain'’t no town.

It'’s a camp out.

It'’s just a stinking pile of canvas.

And besides, the only law around here

is the miner'’s code.

[ murmuring in agreement ]And the code says

that if a man steals something that'’s your own,

you got a right to kill him fair and square.

[ murmuring ]

Now listen to me.

This is gonna be a municipality as of today.

And we'’re gonna see to it

that it'’s a lawful municipality.

All right, take him to the Round Tent.

Let'’s go.

Order in the court.

Timothy Loker.

You'’re accused of killing a man

in the main street of Washington.

How do you plead?

Not guilty.

Now Tim, there were witnesses.

Including your judge.

I don'’t plead guilty to nothing.

Besides, this here ain'’t no court of law.

Are you gonna let this happen?

Are you gonna have the law laid down by a bartender?

Now, now, address the bench

or I'’m gonna have to fine you

for, uh, contemptibility.

For contempt.

Makes no difference what you call it

or what the fine is.

I know a hanging party when I see one.

Now Tim, this ain'’t no hanging party.

It was a fair fight, I saw it.

The man was a thief.

We'’re bringing law to this town,

there ain'’t gonna be no more shooting

or hanging either,

'’less the court orders it.

Ahh-- Be no drinking.

Now if any man feels he'’s been wronged,

let him bring his complaints to the town council.

We'’ll settle it here in court.

I admit we ain'’t got no lawyer in town,

in fact we ain'’t even got no law book.

So we'’re gonna have to depend a whole lot on our feelings

for what'’s right and what'’s wrong.

We'’re gonna have to depend on uh...

A common sense law, as I see it.

[ all chattering ]

Now Tim...

common sense tells us that any man'’s got a right

to defend his own property.

That just two hours ago,

there wasn'’t no official court here in Washington,

so we can'’t punish you for what you just did.

You were brought here to be given fair warning.

But the next time you'’re brought here,

you may be a whole lot closer to hanging

than you just thought you were.

Court'’s adjourned.

Be no gambling or drinking till this courtroom'’s

cleared of the women folk.

Me and Luke thought that was a right fine trial, George.

Uh, Judge.Thank you, gentlemen.

For a minute there, I was afraid you were gonna sentence Loker.

Well now, that-- That wouldn'’t have been just.

It'’d been a bad thing.

Especially since we ain'’t got a jail.

A jail? Jail gonna cost a heap of money.

Things are so expensive these days.

I guess we'’ll just have to fine '’em or hang 'em, Judge.

Say...

It wouldn'’t be a bad idea

if the criminals paid for that jailhouse themselves.

Since they'’ll be the only ones using it.

Everybody be seated.

Court'’s now in session.

Now Carl, nobody objects to a fistfight

as long as it'’s fair and square.

But when you pulled a bowie knife

out on your opponent, that made it a public problem.

A brawl.

And even worse, the knife was rusty.

You can make a man awful sick with a rusty knife.

Charge, Brawling in public.

Fine, $15. Dust or coin.

Charge, petty thievery.

Pay $25 in dust or coin.

Disturbing the peace.

$50, dust or coin.

$100, coin or dust.

I don'’t know, makes no difference

how much I fine '’em.

$150, $200.

They just go out and dig up more gold.

We still ain'’t got enough money to build no jail.

At least, Wyatt, we ain'’t had

no shootings or killings since we started.

Not for a whole week.

SHEILA: Well, you have now.

It'’s Dirty Neck Wiloby and Tim Loker.

They'’re on the other side of the river

gunning for each other.

And the other miners are beginning to take sides.

[ all chattering ]

Now looky here, George.

First you have me throwed out of your tent,

and now you have me drug back in again.

And I got a right to know why.

Well Dirty Neck, you were drug in here

because you were gunning for...

Well, your fellow man.

Fellow man...

You mean Tim Loker?

He ain'’t no "fellow man."

He'’s just a dirty, lowdown, claim-jumpin'’, thievin'--Dirty Neck, listen--

Listen-- Listen, Dirty Neck!

You'’re-You're a reasonable man, ain'’t you?

Well, yes...Well, then, there'’s no reason

to gunning for him.

Just bring him into court, make charges against him.

Would rather kill him man to man.

Well now you do that, we'’re gonna have to hang you.

Now of course, if we get Tim Loker'’s

charge against you--

Wait a minute--Then we won'’t have to wait so long.

Wait a minute, I'’ll make the charges.

Good, good. We got everything right here.

You be the court clerk.

Now Dirty Neck, what'’s the charges?

Hmm, charges...

Killing his mother.

Better put down he killed his father too.

No, no, no. The charges got to be real, Dirty Neck.

What was the fight about?

Claim-jumping.

Jumping a dead man'’s claim.

You know that mule thief he killed last week?

Turns out he had a shaft mine just across the river.

Tim and his chums moved in on it.

And what was the fight about?

Well me and my chums figure it ain'’t legally his.

We figure we got as much right to it as him.

There he is now.

Um, um-- Dirty Neck.

Now don'’t spoil things.

We don'’t want no hanging here.

Uh, Luke. Grab him.

Put this down, Boston.

Just lay that rifle on the counter there.

Ain'’t nobody gonna steal it.

You one of Wiloby'’s men?

You? Oh, not again.

You'’re under arrest, Mr. Loker.

According to who?

According to the council of the town of Washington.

The court of the Municipality of Washington

is now in special session.

Uh-Uh-- Bring forward the prisoner.

Right there.

As God'’s council, you'’re getting me mad.

I got a legal charge here

made by Abner Wiloby.

Says you'’re working the claim that ain'’t rightfully yours.

That charge ain'’t true.

Besides, why don'’t you just fine me and be done with it?

'’Cause that's about all this court is good for.

Well, I ain'’t about to let you go

and round up those men that are working that claim for you.

Now this session is just called special

to make the arrest official.

You'’ll be held in custody till trial time tomorrow.

You can'’t keep me prisoner. What about bail?

Legal courts always take bail.

Well then I'’ll set the bail at...

$5,000 in dust.

Judge, I'’m gonna put up that bail.

It just so happens I got a man guarding that much

outside on a pack mule.

Judge,

I come for my money.

Well, you ain'’t stood trial yet, Tim.

I got five guns along with me says I ain'’t about to.

[ gun cocks ]

You'’d be the first one killed, Tim.

I think it'’s only fair to tell your friends

that uh...

Boys up there have four shots each

left in those rifles.

That'’s just about enough.

Luke?

You don'’t scare me.

Besides, I ain'’t about to be tried by a jailbird.

George Kelsey, your judge,

is nothing but an ex-convict.

Why this student of fancy clothes

is nothing but a common criminal.

Tim...

You can'’t insult Judge Kelsey,

but you can insult the law.

But you just insulted George Kelsey

and his family in Missouri.

You called George Kelsey a common criminal,

which he ain'’t, which I'’ll explain sometime.

Now I do this with the full approval

of Judge Kelsey.

I'’m sorry, Tim, you must learn

all your lessons at one...time.

But there'’s one thing about it, Tim,

Washington ain'’t never gonna forget you.

Because when you reminded me of Missouri,

you gave me the answer to our problem.

This court is in special session.

Now Tim here is charged with being guilty

of claim-jumping,

and he pleads guilty.

Right, Tim?

Aw, you ain'’t bad, Tim.

He ain'’t a bad man. He reminded me of Missouri.

Now back in Missouri,

when a man dies without leaving no next of kin,

the government comes in and grabs off his property.

They call that "confiscation."

Now it'’s common sense that what'’s good enough for Missouri

will surely do for Washington.

Now, since there ain'’t no legal owner to that mine,

there ain'’t no reason why

it shouldn'’t build this town a courthouse.

No reason why we shouldn'’t have a school,

and a sheriff that gets paid.

And um, some law books for the next magistrate,

who you are going to elect with a real vote.

Uh, that'’s the proper way.

Until that time, whilst we do these things

we'’re gonna maintain order here

and we'’re gonna maintain law.

Law of the Round Tent.

Court is adjourned.

[ all cheering ]

Congratulations, George.

We sure picked the right man.

I knew you could do it, George.

That was a rip-roarin'’ start, Judge Kelsey.

George Kelsey'’s brand of justice

spread throughout the West.

"Round Tent justice" became an everyday phrase

that stood for decency and served well

in a land with no formal law.

And another phrase coined by that man,

"common sense law,"

is still heard today as an echo of George Kelsey,

ex-convict and owner

of the Round Tent Saloon.