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Hey, come on, come on, Hobie.

I told you, one sack at a time.

What are you doing?

You pulling for foreman or something?

Day's work for a day's pay.

Now, there's a man looks like he needs a drink.

Yeah.

There's... Hey, hey, Hobie!

Where's he rushing to?

I don't know. Reckon he's sore

'cause we don't let him do his share of the work.

Would you mind moving your horse?

The man driving that rig,

did he go into the saloon?

You gonna move your horse?

Adam, that dad-burned Hobie run plumb out on us,

right through that store and out the back door.

Hobie?

Hobie Klinderman?

Yeah, you know Hobie?

In a way.

If you catch up with him,

you tell him that it won't do him any good to run.

And you tell him that the Ponderosa

isn't large enough to hide a murderer.

What did he mean by that?

I don't know.

Let's go have a talk.

I give you the health of him who sits there

in lonely majesty.

Glad to see you again, gentlemen.

You're just in time to drink a toast.

To the honorable W.H. Whitacker,

magistrate of the commonweal,

sometimes affectionately known as "Hanging Harry."

Well, the judge is relaxing a bit.

Perhaps the judge will honor us with his presence a bit longer.

Maybe we can get him to tell us

some of his more sprightly stories

about some of the men he's sentenced to dance on air.

Who are you, kid?

What do you want?

To track down an elusive quarry, truth.

I'm a newspaperman.

Young, but very articulate.

I work for Horace Greeley's newspaper in New York City,

and I've come out here to gather in a little of the local color.

Oh, I see.

You ever think about picking on somebody your own age?

Why now, you wouldn't want to deny me

the right of free speech, would you?

No, certainly not.

Not with a judge of the commonweal listening?

You are listening, aren't you, Judge?

Why don't you shut up?

Why should I?

Words are my only weapon.

Welcome, stranger.

Allow me to introduce you

to Hanging Harry Whitacker,

the most famous judge in the territory.

I happen to know all about the judge and his career.

Why, then you must know

that old Harry doesn't count sheep like the rest of us do

when we can't sleep.

No, sir, old Harry counts row after row

of dangling men,

kicking their lives away at the end of a rope.

Well, there's nothing like a whiskey mouth.

It's a little young, Judge.

Anything we can do for you?

Well, yes, yes, as a matter of fact.

I'm looking for an old friend.

I wonder if you could direct me to his place.

His name is Ben Cartwright.

Well, it just so happens that we're his sons.

I'm Adam. This is my brother, Hoss.

Well.

Judge Whitacker, I've heard my pa mention you.

He would be mighty happy to see you again, Judge, I'm sure.

Well, I don't suppose he'd be expecting me,

because we haven't met in years, you know, but, uh,

he has written more than once

to invite me to the Ponderosa.

Just happening to be in the neighborhood.

He just happened to be in the neighborhood?

Why don't you tell them why you're really here?

Go on, Your Honor.

Tell the good people the real reason.

Hoss, why don't you ride

with the judge on back to the ranch?

- I'll bring the wagon in. - Right.

Come on, Your Honor.

Now let's you and me have a little talk.

One of the great and mighty Cartwrights, huh?

What did you mean about hiding murderers on the Ponderosa?

My name is Jolley, Bob Jolley.

It may help if I tell you that my father was Carl Jolley.

A little over a year ago,

my father was hung by the neck until he was dead.

The charge was

shooting a territory agent down in cold blood.

Well, now, if my memory serves me correct,

he was found guilty.

Uh, there was evidence and I believe some witnesses?

There was Hanging Harry Whitacker you mean,

so bloated with power over life and death,

he had no time for anything except keeping his reputation.

And so, an innocent man paid with his life.

I was in that courtroom in Pipesville.

Your father was guilty,

and he got a fair trial.

If you were there, then you know he was railroaded.

I was there.

I was there, and I'm no liar.

You old enough to use that gun?

Well, what could I expect?

The great American West.

A haven for scum.

A paradise for killers and gunslingers.

Where bullies become judges,

and good men's lives are sold to a screaming crowd

for how many pieces of silver?

Why don't you just leave it right there, huh?

You heard what he called me.

Yeah.

But out here, we don't shoot men in the back

for just any reason.

About your father, I wasn't at the trial...

Don't apologize.

He was only a poor homesteader,

not really worth anyone's attention.

Boy, you know, it wouldn't surprise me

if you didn't end this day in a pine box.

Why not?

I think it goes rather nicely

with this law-abiding part of the country.

The remark you made about the Ponderosa,

now what was that supposed to mean?

You know the meaning of it; you hired Hobie Klinderman.

That's right, but what's that got to do with it?

Hobie Klinderman...

swore my father's life away.

Judge Whitacker tied the knot around his throat,

and today, both men find sanctuary on the Ponderosa.

Now do you know what I meant?

Boy,

you know, you don't seem to have anything else on your mind

but going around getting people all riled up.

I don't know what you're after,

but I would suggest that you go about it sensibly.

Now, why don't you sit down reasonably,

quietly, and speak your mind just once.

Maybe then people will know what's bothering you.

Wait.

I don't know, maybe you are on the level.

Here, this is a story I sent back East

to Mr. Greeley.

It's about your father's bosom friend, Judge Whitacker.

You read that, Cartwright.

Then you'll know what's bothering me.

There you are, Harry.

Good and strong, just the way you like it.

Well, thank you, Ben.

I think I still prefer it that way.

Harry, it's really good to see you.

Well, I can say the same thing, Ben.

Old friends, sometimes you need them.

You need them.

Yes, indeed you do.

Indeed you do.

Well, come on in, Adam.

You boys did yourself a proud bit of work this morning

finding my old friend the judge and bringing him out here.

How'd you, how'd you meet up?

Oh, we met in the saloon.

The young fella that was there was insulting the judge.

What do you mean, insulting the judge?

Oh, now don't let it upset you, Ben.

The young fella's name was Robert Jolley.

And I had the unhappy task

of sentencing his father to death about...

about a year ago.

Mmm.

Jolley... Oh, yeah.

That's the man down in Pipesville, isn't it?

That's the one. Carl Jolley.

He murdered a man because he came onto his property

and wanted to talk about buying a strip of land

for the railroad.

Well, Ben, you know how this territory's been hurting

for a railroad.

Of course.

And of course there isn't an inch of progress

to be made without it, and the people knew that.

So they were going to do something.

So, the legislature provided the money for the land

and they deeded it over to the railroad.

Oh, everybody was happy and cooperated

for the territory.

All except Carl Jolley.

Well, he-he elected to be stubborn.

So even when Senator Prince sent a man down there

to plead with him, he just shot him down.

Well, um...

Bob Jolley wrote this article.

He contends that his father got anything but a fair trial.

Now that is a devilish lie.

Ben, my conscience is clear.

There were witnesses and facts.

Carl Jolley took a life, and I took his.

That was my duty.

That was my... duty.

I think, Ben, I'd better... rest a little bit?

Yes, of course.

You already get that feed unloaded?

- Hmm? - Yeah.

Yeah, Hobie gave me a hand with it.

Oh, Hobie's back?

Now, how could he give me a hand with it if he wasn't back?

Pa, did you know

that Hobie was the chief witness at Carl Jolley's trial?

No, I did not.

Yeah, young Jolley thinks it's kind of strange

that the man that swore his father's life away

and the man that put the noose around his neck

are both here at the same time at the Ponderosa.

I'll tell you something else about your friend the judge.

Must be something that drives a man to the bottle

before the sun is barely up in the morning.

According to young Jolley,

he hasn't sat in a courtroom for six months now.

Just travels around from town to town and bar to bar.

Joe... call in Hobie.

Hmm? Yes, sir.

Hey, Hobie?! Hobie?!

Adam, you do have a way

of sticking your neck out for the underdog.

Well, there's nothing wrong with that.

Hobie.

Take a look.

Put your hands up, young man.

Put 'em way up.

Come on.

Been fired?

Yup.

I shot at a rattler about a mile back.

Good. Maybe you can show us that rattler.

I'm afraid I can't. I missed.

Judge.

Sure seems like you're always around

any time one of us Jolleys is accused of shooting someone.

- Howdy, Ben. - Roy.

- Judge here? - Adam.

No. I got him a room up at the hotel to use as an office.

He's gonna hold a preliminary hearing.

Oh. Where?

Right here in my office.

That won't hold very many.

Well, I guess maybe he prefers it that way.

What about them?

Ben, I'm a law officer.

I just hate a noisy crowd,

but I'm scared to death of a quiet one.

Who riled 'em up?

Who knows?

All that takes is one voice and a good argument.

Now inside I've got the son of a man

who was hanged for murder,

and only yesterday, he shot an innocent man.

Has anybody proved that?

No, but they all believe that he did it.

We go inside?

Yeah.

Morning, Mr. Jolley.

Well, well, well, look who's come to visit

the poor, dollar-a-column newspaper fella.

Well, we thought we'd, uh, see

if you wanted us to hire a lawyer for you.

A lawyer?

Well, I'm touched.

Really touched.

No, thank you, gentlemen.

They hired a lawyer for my father.

A young man

who had just finished his reading in a lawyer's office.

A young fella

who hadn't even seen the outside of a law school.

My father was arrested, tried and hanged

in three days.

Nevertheless, we thought we might be of some help.

Gentlemen, let's not be inconsistent.

You Cartwrights have the chief witness for the prosecution

on your payroll, and you have the hanging judge

in your house as a houseguest.

Come on, Adam.

We'll see you at the preliminary hearing.

Preliminary to what? The hanging?

You mind telling me something, Jolley?

What's really eating you?

What's eating me?

Injustice, Cartwright.

Like an acid.

Eating my insides out.

You sure it isn't something else?

Get out.

Doctor?

Looks kind of pale.

Well, Ben, you know what a .45 slug can do.

However, Hobie's a tough nut. He'll be all right.

Did you say a .45 slug?

Yes.

Oh. Jolley wears a .38, doesn't he?

Maybe that hearing shouldn't be held.

I'd better tell Judge Whitacker.

No, wait. Hold up.

Why don't we, uh, hold off

telling the judge about this for a little while, huh?

What's on your mind?

Well, maybe this will give us a chance to find out

if he's willing to dig out these new facts for himself.

All right.

This is a preliminary hearing

to determine whether the accused shall be remanded

for trial on the charge of attempted murder.

If the accused is so remanded,

I will disqualify myself and refer the case to another judge.

All right. Let's get on with it.

Sheriff?

Were there any witnesses to the shooting?

Well, now, you know that there wasn't, Your Honor.

Bob Jolley showed up right after the shooting,

and, uh, well, his gun had been fired not too long before that.

Now, he said that he shot a snake,

but there wasn't any proof of that.

Was the bullet recovered?

I think so. You got it, ain't you, Doc?

Yes, I have it.

Describe the bullet.

Base metal, predominantly lead, .45 caliber.

What caliber was the accused's gun?

It's a .38, Your Honor.

Is there any proof that the accused owned,

or had access to, a .45 caliber gun?

Why, no. I just supposed that...

In the law, we don't suppose.

Until you get proof, case dismissed.

Release the prisoner.

Harry, let's get back to the Ponderosa.

Well staged, Your Honor.

Very well staged.

Jolley, I thought you'd be satisfied.

I'll be satisfied

when I get your friend, the judge,

and Hobie Klinderman together.

Your father was guilty.

I did the right thing.

I-I did the right... thing.

I...

Ben, I... I think I better get a... drink. I...

Well, there's one thing for sure.

Boy in there has got a lot of courage.

Oh, either that, or a lot of gall.

Yeah. Gall or courage... We better keep an eye on him

while he's in town.

He's not making any friends.

Well, that's for sure.

Whoa!

Well, look who's in town.

Wonder what he's doing here.

Keeps interesting company.

Harry, how are you?

- Ho-ho-ho-ho! - Cal, what brings you here?

Well, Senator Prince, how are you, sir?

Tolerable, Mr. Cartwright, tolerable.

- Well, Virginia City's honored. - Thank you very much, sir.

I am not here on official business.

I just happened to be passing through,

and, Harry, I was wondering

is there somewhere we could have a drink?

Uh, alone, I mean.

Well, I-I'm with Ben Cartwright here.

Oh, excuse me, Mr. Cartwright.

Adam... Oh, Senator Prince,

I believe they have some rooms back here.

But I want you to meet my eldest son, Adam.

- Senator Prince. - How do you so, sir?

How do you do?

Now, uh, would you mind? You will excuse us, sir?

Certainly, certainly.

Harry, I have many things to discuss with you.

Senator Prince.

Wasn't he the chairman on that legislative committee,

the, uh, one that set up that railroad deal?

I believe he was, yes.

Yes. Why?

Eh... funny.

Seems that everybody that had anything to do with Carl Jolley

is all of a sudden showing up in Virginia City.

I say a trial was too good for your father.

I say they shouldn't even have wasted the time...

Just stretched his neck right there on the spot.

What is it they sing?

"He shot a man who came to help.

"He shot him cold without a chance.

"But Hanging Harry made him dance.

Carl Jolley..."

Go on.

Pull it.

Everyone's watching.

The world ain't gonna miss this Jolley

any more than the last one.

Cartwright!

This is my affair!

Don't do it.

You taking this up?

No.

There's nothing to take up.

Hold it!

See, this is my business.

You ain't gonna be using that hand...

but you use your feet to clear on out of town.

You're out of business.

Well, who's guilty in this case, Judge?

I don't know what you mean,

and I will not be talked to in that manner.

I mean no disrespect, sir.

The man out there was a hired gunman,

a professional killer.

He was hired to pick a fight with Bob Jolley.

Now, it seems that someone is very interested

in hushing up the Jolley case.

Now do you know what I mean, sir?

This is ridiculous.

From riffraff I could understand,

but from a Cartwright!

All that boy asked is the right to question the judge

and the chief witness for the prosecution

about his father's trial.

If you knew anything about the law, young man,

you'd know that Robert Jolley has no such right.

His father was tried, the law has spoken,

and that is it!

Questions, Senator, just reasonable questions

And how, I ask, can we expect reason

from the son of a convicted murderer?

And to ask Harry Whitacker...

our great judge... a man who may one day

sit on the Supreme bench of the United States...

to ask this man

to subject himself to the so-called "reasonable questions"

of a boy weighted down with the knowledge

that he is a cold-blooded murderer's son? No!

Gentlemen, no!

As long as I have anything to say in this territory,

our courts... our judges...

will not be subjected to such indignity.

Thank you, Senator Prince.

A sensitive judge

can, I have learned, be driven to distraction...

flooded with confusion as to the validity

of his most honest decisions.

So... here and now I declare...

that henceforth I will be responsible only...

to the law and to the people of this territory.

And I will not subject myself to the bias,

vindictive, unreasonable inquisition

of a Robert Jolley or any man like him!

Stand up.

Judge Whitacker!

Just one more question, sir.

I am not biased.

I am not vindictive nor unreasonable.

And my name is not Robert Jolley.

And my father has not been accused,

arrested, tried, convicted and hanged

in three days for murder.

Though maybe that's just through the grace of God.

And I haven't been forced to chase a judge

all over the territory to ask him questions,

which I had a right to ask.

How dare you!

I dare, sir, because I've lived in this territory

most of my life.

I have part of its future, and I want to be proud of it.

So don't deny me that.

Now, Hobie Klinderman is gonna be up and around

in a couple of days.

I am willing to meet the both of you here

in this saloon Friday morning.

But I leave that decision up to you...

Judge.

♪♪

Adam.

Are they in there?

Yeah, they're waiting.

It's a long trip.

Had to ride all night.

Adam... did you...

did you get what you went looking for in Pipesville?

I think so.

I've spent three days gathering material

about something I wish I'd never gotten mixed up in.

Go on.

Well, Judge Whitacker is your friend...

but I don't believe he's the man you think he is.

So I'm gonna leave it up to you.

You want me to go on with it?

You've got to live with yourself.

You've got to do what your conscience thinks is right.

All right.

About a year ago...

Carl Jolley, a farmer down near Pipesville,

was tried in my court.

He was convicted.

I had to sentence him to death by hanging.

Well, a few days ago...

a young citizen of this territory

by the name of Adam Cartwright

demanded that he had the right to question me...

And, uh, Hobie Klinderman,

who, by the way, was the chief witness

for the people in the trial against Carl Jolley.

Neither Adam Cartwright...

nor any other private citizen has that right.

But for the sake of community harmony,

and for the fear that to do otherwise

might be a disservice to the law,

I extend to Adam Cartwright the privilege

to ask me any question that he chooses.

Thank you, sir.

Bob... you told me that your father was...

a poor, uneducated...

warm-hearted man who...

What's wrong with that? He was.

Well, I've just come from Pipesville.

And Carl Jolley's former neighbors...

told me that he was the most stubborn,

cantankerous and argumentative man that ever drew a breath.

Well, they're a lot of liars.

Isn't it true that he argued with you constantly,

that he even picked a fight with you

one Sunday morning in church.

Bob, isn't it true that you hated the farm

and that you wanted to... run away to New York, get away?

And that your father took a gun and he aimed it at your head,

and he said that he'd kill you if you dared leave the farm?

Now, isn't that true, Bob?

All right.

But my father didn't really mean any harm by it.

He only pointed a gun at me and told me I couldn't go.

And I said to him, "If you want me to stay on this farm,

you'll have to kill me and bury me here."

And I turned... and walked away.

I never looked back. Never.

Until it was too late.

Didn't you ever write him?

Often, at first.

But he never answered, so I stopped.

I remember the first letter, the only letter I ever got.

I had moved away from the address he had,

so I got it four months late.

I shall never forget that letter.

"My dear son..." I'm in jail.

"They say I killed "the railroad feller.

"I didn't," but they're going to hang me.

"I wish I could kiss you good-bye.

"Respectfully... you father."

This is unfair. Grossly unfair.

Let's not forget that Bill Hauser died, too.

Yes, and he died

with Carl Jolley's bullet in his heart.

- That's been proved... - Senator, Senator...

I think if you'll just be patient, sir,

you'll get your turn.

I don't want my turn, Cartwright.

I want this whole farce of a trial stopped right now.

These, these proceedings are ridiculous.

Your Honor.

Proceed.

Hobie, um...

You and the, um...

the man who was killed, what's his name again?

Hauser.

Billy Hauser.

Yes, Bill Hauser.

The two of you worked for Senator Prince

and his legislative committee, didn't you?

That's right.

And it, uh... it was your job

to travel across the country,

from farm to farm,

and buy the strip of land

to be used for the...

right-of-way of the railroad, right?

Yes.

Would you mind reading that?

That's, um, part of your testimony from the trial.

"Me and Hauser...

"tried to explain to Jolley,

"about the good the railroad'd do,

"but before we could get more'n a few words out,

"Jolley pulled out his gun and shouted for us

"to get the heck off'n his land

"and never to cross it again.

"I always knew he was dangerous,

"and I was afraid.

"Me and Hauser wasn't carryin' any guns,

"and this guy Jolley had murder in his eye,

"so I..." took off and started to run

"and then suddenly I heard a shot.

"I turned back and...

"there was Billy Hauser, "lyin' there dead.

I managed to get out of there fast."

Now that is your testimony, huh?

Yeah, that's, that's my testimony.

All right, thanks, Hobie.

Oh, and, uh, you and Bill Hauser,

out there riding around through the open country,

what'd you eat?

Mostly things along the way.

Sometimes a farmer'd feed us.

Sometimes we'd build a fire, cook a rabbit,

squirrel, something like that.

Rabbits and squirrels.

How'd you catch 'em?

Well, we didn't catch 'em, we, uh...

well, we get close enough most times

for a good shot at 'em.

I don't understand.

"Me and Hauser wasn't carrying any guns."

What'd you shoot 'em with?

Um...

Well?

Um... Sometimes we carried guns.

Sometimes?

- Well, usually. - Usually?

But not when you were going to see a man that you knew

was dangerous?

At least, that's what you said he was here... dangerous.

I don't know. You, you... All I know is...

on-on that particular day we wasn't carrying any guns.

Well, why not? That doesn't make sense.

I don't know, I... Oh, this is outrageous.

This would never be permitted

in a court of law

when this man, Cartwright, won't accept the witness' answers.

Well, at least he gave you an answer.

Judge, would you accept that answer?

Yes, of course, you would.

You already have accept it, haven't you?

Now, why did you?

Because in a court of law,

a witness has the right

to give any reasonable answer to a question.

Judge, you're familiar with this country,

its ways...

do you really believe that Hobie and his partner

travelled around the country unarmed?

Could be true.

Could have been?

Well, didn't you question it even once?

I did the best I could.

Judge, Carl Jolley's only hope

in that courtroom was you.

The record clearly states that he told you

time and time again that Hauser was armed.

That it was Hauser who drew on him first,

and that he had to kill him in self-defense.

But you wouldn't listen.

You didn't even ask Hobie the simplest of questions

to get at the real truth.

But why not, Judge?

Because you wanted Carl Jolley to hang?

Because, like the rest of the town, you hated him?

No.

I despise people who descend to hatred.

Maybe that's why you've been running away

these past few months.

'Cause you're afraid of examining your conscience.

'Cause you were afraid you'd end up despising yourself.

But you're gonna have to face up to it sooner or later, Judge.

'Cause that's the kind of a man you are.

If you weren't, you wouldn't be here today.

Why, you'd have laughed at Bob Jolley

the first time he accused you,

or you'd have had him arrested for disturbing the peace.

But you couldn't do it.

Because basically, you're...

you're what my father says you are...

an honest, honorable man.

I would say this has gone just about far enough.

Gentlemen, how can we sit here

and watch a great public servant

- hounded and degraded? - No, no, no, no,

no, no!

I suppose, I...

I knew it all along, but I just couldn't face it.

There were errors in the trial, but...

I did not know that they were deliberate.

Hatred? No.

I told myself it was love.

Love of the territory, love of people.

I mean, they honored me, they respected me,

they looked up to me, and I dedicated my life

to them and their welfare.

But... why couldn't this man see

what a railroad would mean?

How couldn't he see,

standing on that vital piece of land?

Heedless of his neighbors,

and stopping every bit of progress

in the territory

just because he didn't care to change.

But...

He was a human being,

and he had a right to live.

Perhaps if I had known more truth about Carl Jolley

he would've deserved to die anyway.

But my crime was that I...

I didn't reach beyond...

enough to find the truth.

The people made me their judge,

and I tried one of my fellow men,

and I failed to give him

the full protection of the law.

No judge... can do a greater wrong.

No, Judge, It wasn't you.

It wasn't you who did wrong.

Keep your mouth shut, Klinderman.

No, I won't. Not any longer.

I'm gonna tell the truth.

I lied in your court.

Hauser and me...

we was both carrying guns that day.

Hauser drew first on Jolley.

Jolley had to kill him... in self-defense.

Senator Prince told us...

that if we didn't get rid of Carl Jolley,

Jolley'd block the railroad.

This is an outrageous lie.

This man is making the whole thing up.

Surely you don't take his word over mine?

There will be an investigation, Senator,

not only of my judicial conduct,

but of the perjury committed in my court,

and the procurement of that perjury

which is now charged to you.

Sheriff.

You'll never prove anything against me,

you doddering old fool.

My hands are clean.

Oh, is that why you had Morton, a professional gunman,

on your payroll?

Maybe now we'll find out who tried tried to kill Hobie,

and, uh, who paid to have it done.

You'll never prove anything.

Well, we'll certainly try, Senator.

Senator.

Come on, Hobie.

I'm sorry, Judge.

You will never get away with this.

- Never. - Come on, Hobie.

Thank you, Ben.

Will you do something for me?

Will you walk out of here with me

to show these people that at least in your eyes

I'm not a totally evil man?

I'd be proud to, Judge.

Well, I guess there isn't much to say, is there?

I guess not.

I'm gonna give that land to the railroad, Adam.

I think my father would want me to now.

It's his way, and mine, of saying...

thanks.

I won't forget you.

Yeah.

I won't forget you either.

A little local color?

Bar's open, gentlemen.

This has been a color presentation

of the NBC Television Network.